House of Lords Journal Volume 10: 23 October 1648

DIE Lunæ, 23 die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Green, a Pass.

Ordered, That Mr. Greene shall have a Pass, to go to the Isle of Wight, about Business, to the Earl of Northumb. and to return back to London.

Silver and Raynes.

Ordered, That the Cause between Sylver and Raynes shall be heard, [ (fn. 1) by Counsel on both Sides,] Thursday come Sevennight; and Notice hereof to be given.

Mrs. Godbold's Petition for Fees due to her late Husband, as Judge of the C. P.

Upon reading the Petition of Mrs. Dorothy Godbold, Widow, late Wife of Mr. Justice Godbold, deceased; shewing, "That there are, as she conceives, some Monies due to her Husband, for Fees due to him as Judge of the Common Pleas, for the Term in which he died; the Right of which there is some Question made of:"

It is Ordered, That it is referred to the Commissioners of the Great Seal, to examine the Right of the said Money, and dispose of it accordingly; and that, in the mean Time, the Money to remain in the Hand where now it is, until it be determined.

Message to the H. C. about the following Particulars.

A Message was sent to the House of Commons, by Dr. Bennet and Mr. Hakewill:

1. To desire their Concurrence, that the Feast at the Creation of Serjeants at Law may be laid aside for this Time.

2. To desire their Concurrence in the Amendments in the Order concerning Dedimus Potestatems.

Duppa and Whitney.

Upon reading the Petition of Wm. Duppa:

It is Ordered, That the Cause between him and John Whitney shall be heard, by Counsel, at this Bar, this Day Fortnight.

Declaration concerning Delinquents to be exempted from Pardon in the Propositions.

Next, the House was adjourned into a Committee during Pleasure, to take into Consideration the Order that came from the House of Commons, for reducing the Number of the Delinquents mentioned in the First Branch of the Proposition concerning Delinquents to the Number of Seven as shall be excepted from Pardon.

The House being resumed;

The said Order was read the Third Time, and Agreed to. (Here enter it.)

"Ordered, by the Lords and Commons assembled in Parliament, That the Persons expressed and contained in that Part of the First Branch of the Proposition concerning Delinquents to which the King has not declared His Consent, be proceeded with, and their Estates disposed of, as both Houses of Parliament shall think fit, or appoint; and that their Persons shall not be capable of Pardon by His Majesty, without Consent of both Houses of Parliament; the Houses declaring, That they will not proceed as to the taking away of Life of any of them, to above the Number of Seven Persons."

Fees for Dedimus's to be paid out of the Hanaper.

"Ordered, by the Lords and Commons assembled in Parliament, That all Fees payable to all Officers and Under-clerks, for Commissions and Dedimus Potestatems to Justices of Peace, be paid out of the Hanaper; and that no Officer or Under-clerk do demand or receive any Fee or Monies, from any Nobleman or Gentleman put into the Commission of Peace, for writing, making forth, or issuing out, any Commission, or Dedimus Potestatem, for the Purpose aforesaid."