House of Lords Journal Volume 10: 1 March 1648

DIE Mercurii, 1 Martii.

PRAYERS, by Dr. Gouge.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance to issue 10,000l. for the Navy.

(fn. 1) The Ordinance of the 22 Feb. last, for issuing out Ten Thousand Pounds for the Navy, was read, with an Addition, and Agreed to; and ordered to be sent to the House of Commons for Concurrence.

Message to the H. C. with Proud's Ordinance; and to remind them of the Votes concerning Oxford.

A Message was sent to the House of Commons, by Doctor Heath, &c.

To desire their Concurrence in the Addition to the Order for issuing out Ten Thousand Pounds, for the Navy.

2. To put them in Mind of the Ordinance for naturalizing of Mrs. Proude.

3. To put them in Mind of the Votes concerning Oxford.

Tutty's Ordinance to be Minister of Totteridge.

An Ordinance was brought in, for making Mr. Tutty Minister of Tatteridge; and, being read, was passed; and to be sent to the House of Commons for their Concurrence.

Law's Ordinance to be Minister of Wiberton.

An Ordinance was read, to appoint Mr. Thomas Lawe to officiate in the Church of Wiberton, in the County of Lyncolne; and Agreed to.

Message from the H. C. with Orders and Ordinances.

A Message was brought from the House of Commons, by Sir Walter Knight; who brought up these Particulars:

1. An Ordinance concerning the Commissioners of the Excise. (Here enter it.)

Agreed to.

2. An Ordinance concerning the Ten Thousand Pounds to be issued, out of the Excise, for the Use of the Navy. (Here enter it.)

Agreed to.

3. An Order concerning the further settling of the Presbyterian Government, &c. (Here enter it.)

Agreed to.

4. An Order for publishing the Votes made Yesterday, against Listing of Soldiers for the Service of Foreign States. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Votes and Orders now brought up.

Sir R. Norton's Ordinance.

The Ordinance of Composition for Sir Richard Norton's Delinquency, was read, and Agreed to. (Here enter it.)

Major Harley's Order.

The Order for Five Hundred Pounds to be paid to Major Harley, was read, and Agreed to. (Here enter it.)

Inhabitants of St. Edmund Lombard street, Petition for Lance to be their Minister.

Upon reading the Petition of the Parishioners of Edmund's Lumbard Streete, London; desiring "to have Mr. Lance to be their Minister, he having taken the Covenant:"

It is Ordered, To have the Certificate formerly sent from the Assembly concerning him, to be perused Tomorrow Morning.

Letter from Colonel Jones.

A Letter from Colonel Mich. Jones, dated at Dublin, 16th Feb. 1647, was read. (Here enter it.)

Bentley and Hooper.

Ordered, That the Accompts, Books, Papers, and Writings, in Doctor Aylett's Hands, shall be delivered unto Martin Bentley and Katherine his Wife, Administrators of Anthony Hooper; there being no Cause shewed to the contrary.

Colonel Sydenham's Order.

An Ordinance for One Thousand Pounds for Colonel Wm. Sydenham, was read, and Agreed to. (Here enter it.)

Colonel Bingham's.

An Ordinance for One Thousand Pounds for Colonel Bingham, was read, and Agreed to. (Here enter it.)

Instructions for the Judges going the Circuits.

Ordered, That these Lords following are appointed to consider and draw up Instructions, to be given to the Judges in their several Circuits; and report the same To-morrow Morning to the House:

Any Two; to meet To-morrow Morning.

Ordinances to clear the following Persons of their Delinquency.

These Ordinances of Compositions of Delinquents were read, and passed:

Smith to be instituted to Melling;

Ordered, That Doctor Aylett give Institution and Induction unto John Smith Clerk, Master of Arts, to the Vicarage of Melling, in the County of Lancaster, void by the Death of the last Incumbent; salvo, &c.: Granted by the Great Seal.

Horton to Halford;

Ordered, That Doctor Aylett give Institution and Induction unto Jo. Horton Clerk, to the Rectory of Halford, in the County of Warwicke, void by the Death of the last Incumbent; salvo Jure, &c.: Great Seal.

Cooper to Long Marson;

Ordered, That Doctor Aylett give Institution and Induction unto Wm. Cooper Clerk, Master of Arts, to the Rectory of Longe Marson, alias Dry Marson, in the County of Gloucester, void by the Death of the last Incumbent; salvo Jure, &c.: By the Great Seal.

and Cudworth to Shenton.

Ordered, That Doctor Aylett give Institution and Induction unto George Cudworth Master of Arts, to the Rectory of Shenton, in Com. Salop, void by Cession of late Incumbent; salvo Jure, &c.: Wm. Phillippes, Patron.

Commissioners of Excise to be reimbursed 10,000l. advanced for the Navy.

"The Lords and Commons assembled in Parliament do declare, That the present Commissioners of the Excise shall not be removed out of the said Employment, until they be reimbursed the Ten Thousand Pounds now lent by them for the Use of the Navy, with Interest due for the same, after the Rate of Eight Pounds per Centum."

Order for this 10,000l. to be paid to Sir H. Vane.

"Ordered, by the Lords and Commons assembled in Parliament, That the Ten Thousand Pounds borrowed of the Commissioners of Excise in the Month of February last, for the present Supply of the Navy, be paid to Sir Henry Vane Knight, Treasurer of the Navy; and the Receipt of the said Sir Henry Vane, and the Order of the Committee of the Navy, or any Five or more of them, shall be a sufficient Discharge unto the said Commissioners of Excise, their Executors, Administrators, and Assigns, for the Payment of the said Ten Thousand Pounds, accordingly."

Ordinance for further settling Presbyterian Government.

"Whereas an Ordinance of Parliament was lately passed, for the more speedy and effectual Establishment of the Presbyterial Government, in the Kingdom of England and Dominion of Wales; and that, by the said Ordinance, the Classes of the several Counties were appointed to be returned by the 25th Day of March: It is now Ordered, That the First Day of May next be appointed for the Returning of the said Classes; and that the several Counties do return their several Classes by the First Day of May next accordingly."

"Ordered, That Power be given to the Committee of Lords and Commons, to whom the Returns of the Classes in the several Counties are appointed to be made, to take such effectual Course as they in their Judgements shall think fit, for the remedying and removing all Obstructions that may or shall happen in the settling of the Presbyterial Government, according to the Ordinances in that Behalf provided; and have Power to send for Parties and Witnesses."

Votes against levying Forces for Foreign Princes, to be published.

"Ordered, That the Orders Yesterday passed both Houses, touching the levying and transporting of Forces for Foreign Service, be forthwith published, by Beat of Drum and Sound of Trumpet: And it is referred to the Committee of Lords and Commons at Derby House, to take speedy Care that the said Orders may be forthwith published, by Beat of Drum and Sound of Trumpet, accordingly."

Ordinance to clear Sir R. Norton and John Norton of their Delinquency.

"Whereas Sir Richard Norton Baronet, and John Norton Gentleman, Sons of Sir Richard Norton, late of Rotherfeild, in Com. South'ton, Knight and Baronet, have by both Houses of Parliament been admitted to their Fine of One Hundred Pounds, they having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Richard and John Norton, for their said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to them, their Heirs and Assigns, of all their Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Day of the Payment of their said Fine, with an Exception of the Right or Estate of the said Sir Richard and John Norton in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly."

Order for 500l. to Major Harley.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee for Advance of Monies at Habberdash'rs Hall do give Order, That the Sum of Five Hundred Pounds be forthwith paid unto Major Robert Harley, or his Assignee (upon Ac compt); to be allowed in Part of the Arrears due unto him upon his Entertainment in the Service of the Parliament."

Letter from Colonel Jones, with an Account of his Success against the Rebels; and desiring Supplies, and that a Commander in Chief may be sent over.

"Right Honourable,

"After One Month's Refreshing of these Men since my coming out of the County of Wicklow, and destroying the Enemy's Quarters in Westmeath, on the Third of this Instant, I marched into the County of Kildare, with about Fifteen Hundred Foot and Eight Hundred Horse; where I have taken-in Sixteen Castles garrisoned by the Rebels, whereby I have in a Manner shut up the Enemy's strong Holds of Ballesanon and the Island of Allan: And much more might have been done, had not our naked Men been so Weather-beaten, through the Unseasonableness of the Time; whereby I was enforced back, having first placed Eight Hundred Foot and Two Troops of Horse in that County. I have not been wanting in improving my Time, and all Advantages for gaining upon the Enemy, wherein I have now more than I am well able to make good, through the Weakness of your Army here; wanting Men to hold that we have, much less to appear in the Field with any competent Number of Strength should Occasion require; so as I am now almost at a Stand, until I shall be thence supplied, and enabled for further Service: Therefore make I bold to desire your Answer to my former Letters; for, without speedy Supplies, it is not possible for this Army to subsist. I have formerly represented to your Honours, the Necessity of a Commander in Chief; which again I very earnestly desire may be taken into Consideration, as mainly tending to the Well-being of this great Work; requiring some Person of Countenance and Abilities above mine. All which I leave to your grave Consideration; ever remaining

Dublin, Feb. 16th, 1647.

"Your Honour's

"Most faithful Servant,

"Mich. Jones.

"To the Right Honourable the Earl of Manchester, Speaker of the Lords House of Parliament. These present."

Order for 1000l. to Colonel Sydenham.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be advanced and paid, upon Accompt, unto Colonel William Sydenham, to be deducted out of his Accompt, in Part of the Arrears; the said Sum of One Thousand Pounds to issue out of such Delinquents Estates, either concealed, or that have abused the Parliament in not giving in true Particulars of the Values of their Estates, upon making their Compositions at Gouldsmiths Hall, as shall be discovered by him to the Committee at Habberdash'rs as to the concealed Delinquents Estates, or to the Committee at Gouldsmiths Hall as to such as have abused the Parliament by giving Particulars of Under-values upon their Compositions; and the said Committees at Habberdash'rs Hall and Gouldsmiths Hall respectively are required to receive and examine such Discoveries, and to determine the Matter according to Justice, and to take Course to bring in the said Monies so discovered, accordingly, and pay the aforesaid Sum unto Colonel Wm. Sydenham, or his Assigns."

Order for 1000l. for Colonel Bingham.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be advanced, and paid upon Accompt, unto Colonel John Bingham, to be deducted out of his Accompt, in Part of his Arrears; the said Sum of One Thousand Pounds to issue out of such Delinquents Estates, either concealed, or that have abused the Parliament in not giving in true Particulars of the Values of their Estates upon making their Compositions at Gouldsmiths Hall, as shall be discovered by him to the Committee at Habberdash'rs Hall as to the concealed Delinquents Estates, or to the Committee at Gouldsmiths Hall as to such as have abused the Parliament by giving Particulars of Undervalues upon their Compositions: And the said Committees at Habberdash'rs Hall and Gouldsmiths Hall respectively are required to receive and examine such Discoveries, and to determine the Matter according to Justice, and to take Course to bring in the said Monies so discovered accordingly, and (fn. 2) pay the aforesaid Sum unto Colonel John Bingham, or his Assignee."

Ordinance to clear Walker of his Delinquency.

"Whereas Robert Walker, of the City of Exceter, Merchant, hath by both Houses of Parliament been admitted to his Fine of Eight Hundred Fourscore and Nine Pounds, Ten Shillings, he having deserted the Parliament when he was a Member thereof, and assisted the Forces raised against it: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Robert Walker, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the One and Thirtieth Day of July, 1646, with an Exception of the Right or Estate of the said Robert Walker in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Robert Walker from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Robert Walker shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Kempe, D°.

"Whereas Thomas Kempe, of Slindon, in the County of Sussex, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Thirty Pounds, he having deserted his Dwelling, and resided in the Enemy's Quarters: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Thomas Kempe, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Fourteenth Day of December, 1646, with an Exception of the Right or Estate of the said Thomas Kempe in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Thomas Kempe from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Thomas Kempe shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Sir Michael Wharton, D°.

"Whereas Sir Michaell Wharton, of Beverley, in the County of Yorke, Knight, hath by both Houses of Parliament been admitted to his Fine of Two Thousand Nine Hundred and Twenty Pounds, he having adhered unto and assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Michaell Wharton, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Fourteenth Day of January, 1646, with an Exception of the Right or Estate of the said Sir Michaell Wharton in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir Michaell Wharton from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Michaell Wharton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint: Provided, That the said Sir Michaell Wharton do (within Six Weeks after his said Fine shall be allowed of) settle Eighty Pounds per Annum for Increase of Maintenance to the Minister of Cottingham, out of the Profits of the said Rectory of Cottingham, for the Term of Four Lives, which he hath therein, over and above the Forty Pounds per Annum already paid; and One Hundred Pounds per Annum for Increase of Maintenance to the Minister of Skidbey, for the same Term; otherwise this Fine and Pardon thereupon to be void and null.

Jenkins, D°.

"Whereas Tobias Jenkins, of Grimstone, in the County of Yorke, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Three Hundred and Twenty Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Tobias Jenkins, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 9th Day of November, 1646, with an Exception of the Right or Estate of the said Tobias Jenkins in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared; the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Tobias Jenkins from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Tobias Jenkins shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Style, D°.

"Whereas John Style, of Mansell, in the County of Hereford, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred and Forty Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said John Style, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Seventh Day of November, One Thousand Six Hundred Forty-six, with an Exception of the Right or Estate of the said John Style in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Style from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Style shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Hide, D°.

"Whereas Humphry Hide, of Abingdon, in the County of Berks, Esquire, hath by both Houses of Parliament been admitted to his Fine of Five Hundred Thirtyeight Pounds, he having left his Habitation, and resided in the Enemy's Quarters: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Humphry Hide, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 15th Day of March, 1646, with an Exception of the Right or Estate of the said Humphry Hide in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Humphry Hide from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Humphry Hide shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Adjourn.

House adjourned till 10^a cras.