House of Lords Journal Volume 10: 13 November 1648

DIE Lunæ, 13 die Novembris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance to to take off Tophan's Sequestration:

The Petition of Captain Edw. Saltmarsh, read; desiring, "to have the Sequestration of Francis Tophan, Ward to the Petitioner."

And an Ordinance to that Purpose was read Twice, and Agreed to, and ordered to be sent to the House of Commons.

Message to the H. C. with it; and about the Bp. of Durham.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To deliver to them the Ordinance concerning Francis Tophan, and desire their Concurrence therein.

2. To put them in Mind of the Bishop of Durham's Business.

Sir R. Hannay, Agent from Scotland, a Protection.

Upon reading the Petition of Sir Robert Hannay Knight; complaining, "That he being sent over by Sir Charles Coote, to negotiate Affairs of Ireland here, is arrested, contrary to the Privilege of Parliament; he being in actual Service for the Parliament in Ireland, and hath many Arrears due unto him:"

It is Ordered, That the (fn. 1) said Sir Robert Hannay shall be released from his present Restraint, and have the Protection of this House for his Person; he giving his Creditors Assignments out of his Arrears, for their Satisfaction.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Mr. Love, &c.; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. An Order concerning Mr. Justice Roll.

(Here enter it.)

Agreed to.

2. An Order concerning the Serjeants at Law.

(Here enter it.)

Agreed to.

3. An Order concerning Mr. Sam. Browne.

(Here enter it.)

Agreed to.

4. An Order concerning Mr. Whitlocke.

(Here enter it.)

Agreed to.

5. An Order for Mr. Whittacre, that he may lay a Judgement upon Mr. Denham's Lands, for a Debt of Two Hundred Pounds. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That (fn. 2) this House agrees to these Orders now brought up.

Lynd's Ordinance.

The Earl of Mulgrave reported from the Committee, an Ordinance concerning Alexander Lynd; which was read, and Agreed to.

Message to the H. C. for Committees to meet about the King's Answer;—and an Answer to some of His Propositions.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

1. To put them in Mind of the Message concerning a Committee to be named for considering of the King's Concessions, and to put them into Bills; and to consider of the other Answers of the King to the Propositions.

2. To put them in Mind of the Answer to the King's Four Propositions.

Ordinance for settling the Militia.

Ordered, That the Ordinance concerning the settling of the General Militia of the Kingdom shall be taken into Consideration on Thursday next; and the Lords to have Notice to be present then.

Wright and Wylde.

Ordered, That the Writ of Error between Wright Plaintiff, and Wyld and others Defendants, shall be heard, by Counsel on both Sides, this Day Sevennight.

Ordinance to banish Three Lords:

The House taking into Consideration the Votes brought from the House of Commons, for banishing Three Lords and Four Commoners; and the Lords judging it improper for the House of Commons to make any Vote for banishing any Members of this House: It was Resolved, That an Ordinance shall be brought in, for banishing the Earl of Holland, Lord Goring, and the Lord Capell.

Protest against it.

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

Ordinance to banish Four Commoners.

Resolved, upon the Question, That Sir Henry Lingen, Henry Hastings Esquire, Major General Rowland Langherne, and Sir John Owen, shall be banished.

Ordinance to banish the E. of Cambridge.

Ordered, That an Ordinance shall be brought in, for banishing the Earl of Cambridge.

Ordered, That Mr. Serjeant Finch do prepare a Draught of these Ordinances for the Lords against Tomorrow Morning.

L. Goring to be removed to The Tower.

Upon Information to the House, of the ill Health of the Lord Goringe, now a Prisoner at Windsor:

It is Ordered, That he be removed from Windsor to The Tower of London, there to remain in the same State as he is now at Windsor.

Capt. Mason to be released, and satisfy Perkins.

This Day Captain Bestmy Mason (fn. 3) was brought to the Bar, by virtue of a Habeas Corpus.

And it appeared, "That he did (fn. 4) owe, upon Execution, Fifty Pounds to Edward Perkins and others."

It is Ordered, That the said Captain Bestmy Mason shall be released; he first giving Security, out of his Arrears, for Payment of the said Fifty Pounds to the said Perkins, &c. out of the First Monies he shall receive.

Preacher at the Fast.

Ordered, That Mr. John Ward is appointed to preach, before the Lords, the next Fast-day, at Martin's Church in the Fields.

Delinquents exempted from Pardon:

Resolved, That Sir John Byron shall be One of the Seven excepted Persons.

Resolved, That Sir George Radcliffe shall be One of the Seven excepted Persons.

Resolved, That Sir Marmaduke Langdale shall be One of the Seven excepted Persons.

Resolved, That Sir David Jenkins shall be One of the Seven excepted Persons.

Message to the H. C. about them.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

To let them know, that their Lordships do agree to the Names of the Seven excepted Persons, with the changing of Sir John Byron in the Place of the Earl of Newcastle, and Sir George Radcliffe in the Place of Sir John Winter; and desire their Concurrence therein.

Justice Rolle to be constituted C. J. of the K. B.

"Whereas Mr. Justice Rolle is ordained, by both Houses of Parliament, to be Chief Justice of the King's Bench, who is now by Letters Patents One of the Justices of that Court (quamdiù se bene gesserit): The Lords and Commons do ordain, That, to the Intent he may be constituted Chief Justice according to the said Ordinance, the said Mr. Justice Rolle be desired to surrender the said Letters Patents; which the Commissioners of the Great Seal are hereby ordered and authorized to accept, and immediately thereupon to constitute him Chief Justice, according to the said Ordinance, without any Supersedeas to his said Letters Patents."

Order for calling and swearing Serjeants.

"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners of the Great Seal do call and swear to be Serjeants at Law, in the First Place, Mr. St. Johns, Solicitor General; then the Commissioners of the Great Seal that now are, next in Order, Mr. Samuell Browne, formerly One of the Commissioners of the Great Seal; then Sir Thomas Beddingfeild; and next, John Glyn Esquire, Recorder of the City of London; and the rest of the Gentlemen now called to be Serjeants in Order according to their Writs and Antiquities."

Brown's Precedency continued.

"Whereas, the First of October, 1646, it was ordered, That the Members of the House of Commons, late Commissioners of the Great Seal, as a Mark of Honour unto them, and in Acknowledgement of their faithful Discharge of that Trust, should, in all Courts of Westminster, practise, within the Bar, and have Precedence next after His Majesty's Solicitor General: It is now Ordered, by the Lords and Commons assembled in Parliament, That the said Mark of Honour shall continue, and hereby is continued, unto Samuell Browne Esquire, who is to be sworn One of the Justices of the King's Bench before Serjeant Jermyn."

Order for swearing Whitlock a Serjeant suspended.

"Ordered, by the Lords and Commons in Parliament assembled, That the Swearing of Mr. Whitlock as a Serjeant at Law be, and is hereby, suspended until the Houses take further Order; and that his Place and Precedency be saved notwithstanding."

Whitaker and Denham.

"Ordered, by the Lords and Commons in Parliament assembled, That Mr. Laurence Whittacre have Liberty to lay his Judgement obtained against Mr. John Denham; for the Debt of Two Hundred Pounds, due and owing to the said Mr. Whittacre, upon Mr. Denham's Lands, being now under Sequestration: And all Committees, Sequestrators, Treasurers, and Solicitors of Sequestrations, are hereby authorized and required to take Notice hereof, and yield ready Obedience thereunto, and take Care that the said Mr. Laurence Whittacre may be paid and satisfied the said Debt, out of the Profits received, arising, and growing, from the said Lands."

Tonge to be instituted to Sheeford.

Ordered, That Doctor Aylett give Institution and Induction unto Henry Tonge Clerk, to the Rectory of Sheeford; in Com. Lincolne, void by Cession; Salvo, &c.; Mich. Greenbill Cl. Patron.