House of Lords Journal Volume 10: 4 November 1648

DIE Sabbati, 4 die Novembris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Message from the H. C. with an Ordinance and Order.

A Message was brought from the House of Commons by Dennis Bond, Esquire, &c.; who brought up these Particulars, wherein they desire their Lordships Concurrence:

1. An Ordinance to enable the Commissioners of the Great Seal to issue a Writ Patent to Henry Rolle, One of the Justices of the King's Bench, [ (fn. 1) to be] Chief Justice of the same. (Here enter it.)

Read, and Agreed to.

Nicoll's Order to be Master of the Armory:

2. An Order for Anthony Nicoll Esquire to be Master of the Armory in The Tower of London and Greenwich. (Here enter it.)

Read, and Agreed to upon the Question.

Protest against it.

Memorandum, That, before the putting the aforesaid Question, the Earl of Stamford desired Leave to enter his Dissent, if the Question was carried in the Affirmative: Which being granted, he did accordingly enter his Dissent, by subscribing his Name.

"Stanford."

The Answer returned was:

Answer to the H. C.

That this House agrees to the Two Particulars now brought up.

Message from thence, with Votes about the Treaty, and with a Letter to the Commissioners.

A Message was brought from the House of Commons, by Sir Wm. Lewis Knight, &c.; who brought up these Particulars:

1. Two Votes sent by this House to the House of Commons, with some Alterations. (Here enter them.)

Agreed to.

2. Some Votes from them, wherein they desire their Lordships Concurrence.

To the Vote concerning some of the Commissioners to attend the Houses, some Alteration is made therein.

3. A Letter to the Commissioners, with the Votes inclosed. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That as to the Vote for some of the Commissioners to attend the House, their Lordships will take it into Consideration, and send an Answer by Messengers of their own: To all the rest, their Lordships do agree.

Message to the H. C. about the Votes concerning the Treaty;—and for some of the Commissioners to come up.

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

1. To desire their Concurrence in the Alteration in the Vote for some of the Commissioners to attend the Houses, and desire their Concurrence in the said Alteration.

2. To put them in Mind to give Expedition in the Votes formerly sent down, in Answer to the King's Four Propositions, that so they may (fn. 2) be sent away to the King.

L. Pagett, a Pass.

Ordered, That the Lord Pagett shall have a Pass, to go to Warwicke Castle, to see the Earl of Holland.

Morgan and Gough.

Ordered, That the Writ of Error between John Morgan Plaintiff, and Jo. Gough Defendant, shall be argued, by Counsel on both Sides, on the 10 of November Instant.

Col. Washborn's Petition for Arrears.

Upon reading the Petition of Colonel Washborne; desiring, "some Part of his Arrears may be paid him:"

It is Ordered, To be recommended to the House of Commons.

Wyld and Wright.

Ordered, That the Writ of Error between Wyld, &c. and Wm. Wright shall be argued, by Counsel on both Sides, on the 10th of Instant November.

Edbrooke and Trenchard.

Upon reading the Petition of Robert Edbrooke, &c.; shewing, "That Henry Trenchard (fn. 3) doth refuse to pay them the One Hundred Pounds ordered for him to pay, by this House:"

It is Ordered, That the Committee of Sequestrations do levy the Sum of One Hundred Pounds upon his Estate.

Ly. Boteler to have an Allowance.

Upon reading the Petition of the Lady Boteler, having lost all her Estate by the Rebels in Ireland:

It is Ordered, To be recommended to the House of Commons, that she may have some Weekly Allowance for her Maintenance.

Green versus E. Rivers.

The Earl of Kent, One of the Commissioners of the Great Seal, acquainted this House, "That the Commissioners, of the said Great Seal have sealed a Writ of Rebellion, in the Case of Mr. Greene, against the Earl Rivers, for refusing to answer the Suit of the said Greene in Chancery:"

It is thereupon Ordered, That the Commissioners of the said Great Seal shall proceed according to the usual Course and Proceedings in Chancery, and according to former Leave of this House in this Case.

Court of Requests, &c. to be repaired.

Ordered, That the King's Surveyor shall (fn. 4) speedily give Order for repairing the Roof of the Court of Requests, to prevent the raining in, and also to repair the dark Passage going into Westm. Hall.

Answer from the H. C.

Doctor Bennett and Mr. Hakewill return with this Answer from the House of Commons:

That they agree to the Alteration in the Vote: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.

Fiddis to be instituted to Barkway;

Ordered, That Doctor Aylett give Institution and Induction unto Thomas Fiddis Clerk, Master of Arts, to the Vicarage of Barkway, in Com. Hertford; salvo Jure cujuscunque: Granted by the Great Seal.

and Ward to Snaregate.

Ordered, That Doctor Bennett give Institution and Induction unto Isaac Ward Master of Arts, (fn. 5) to the Rectory of Snaregate, in Com. Kent; salvo Jure cujuscunque: Granted by the Great Seal.

King's Answer about the E. of Ormond, not satisfactory.

"Resolved, upon the Question, by the Lords and Commons in Parliament assembled,

"That the King's Answer to the Desires of both Houses, for His declaring against the Proceedings of the Lord of Ormond in Ireland, is not satisfactory: And the Commissioners are hereby authorized and required to acquaint the King herewith, and to press Him to a full Consent thereunto.

Bishops Leave to go to the King.

"Resolved, &c.

"That Doctor Usher, Doctor Bromricke, Doctor Prideaux, Doctor Warner, Doctor Ferne, and Doctor Morley, shall have the Leave of both Houses to go to the King; and to have the Speakers Passes to that Purpose.

Some of the Commissioners to come up.

"Resolved, &c.

"That the Commissioners now in the Isle of Wight have Power to agree among themselves, which of them shall come away and attend the Houses; leaving Three there, whereof One Lord and Two Commoners."

Short Catechism to be presented to the King.

"Ordered, by the Lords and Commons in Parliament assembled, That an Instruction be prepared, and sent to the Commissioners in the Isle of Wight, to authorize them to present the Shorter Catechism to His Majesty, for His Approbation.

Treaty prolonged.

"Resolved, upon the Question, by the Lords and Commons in Parliament assembled,

"That the Treaty be continued for Fourteen Days longer."

Letter to the Commissioners with these Votes.

"My Lords and Gentlemen,

"We are commanded, by the Lords and Commons in Parliament assembled, to transmit unto you these Votes inclosed. And it is their Pleasure, and you are hereby authorized, to acquaint His Majesty with them, and to desire His Majesty's Consent accordingly. This is all that is at present commanded us, that subscribe ourselves

"Your affectionate Friends

and humble Servants."

Order for Nicoll to be Master of the Armory in The Tower and at Greenwich.

"Ordered, by the Lords and Commons in Parliament assembled, That His Majesty's Solicitor General do prepare a Patent, in usual Form, containing the Grant of the Place of Office of Master of the Armory in The Tower of London and Greenw'ch, to Anthony Nicoll Esquire; to have and to hold the said Place, with all Fees, Profits, and Advantages, thereunto of Right belonging, to him the said Anthony Nicoll, during Life, in as large and ample Manner as any other Person his Predecessor formerly held and enjoyed the same: And the Commissioners of the Great Seal of England are hereby authorized and required to pass the said Grant, so prepared, under the said Great Seal, accordingly."

Roll to be Chief Justice of the King's Bench.

"Whereas the Lords and Commons assembled in Parliament have ordered and ordained Henry Rolle, now being One of the Justices of the King's Bench, to be Chief Justice of the same Court: The said Lords and Commons, for the due Performance thereof, do hereby order and ordain, That the Commissioners of the Great Seal of England do speedily issue forth a Writ of Supersedeas, to supersede the Patent of the said Henry Rolle for being One of the Justices of the King's Bench; and also do then issue forth a Writ Patent, or Patent Writ, for calling the said Henry Rolle to be Chief Justice of the said Court, in usual Form; adding thereunto, next before the Teste of the said Writ. ("quamdiù vos bene gesseritis"); and further to do all other necessary Things therein, for the perfect settling of him in the said Place or Office of Chief Justice."

Adjourn.

House adjourned till 10^a cras.