House of Lords Journal Volume 8: 4 April 1646

DIE Saturni, 4 die Aprilis.

PRAYERS, by Mr. Good.

Comes Manchester, Speaker.

L. Morley's Petition, for a Maintenance, and to be bailed.

Upon reading the Petition of the Lord Morley; desiring "to be bailed upon sufficient Bail, and that some Maintenance may be allowed him, and that he may receive the Benefit of the Ordinance of Parliament."

It is Ordered, That the Commissioners of the Great Seal do send for him, and tender to him the Negative Oath; and then this House will take his further Desires in his Petition into Consideration.

Cupper to be instituted to Paul's-perry.

Ordered, That Doctor Heath do give Institution and Induction to Vincent Cupper, to the Rectory of Paule's Perry, in the County of North'ton; being presented thereunto by the Lady Mary Wotton.

Ly. Mountague, Leave to remain within the Lines;

Resolved, upon the Question, That the Lady Viscountess Mountagu shall have Liberty, for her Health's Sake, to remain within the Line of Communication.

and the E. of Newport, &c.

Ordered, That the Earl of Newport, the Lord Cromwell, and the Lord Lovelace, shall have Liberty to remain within the Lines of Communication.

L. Lisle's Commission, as Commander in Chief in Ireland.

The Commission to be given to the Lord Lisle, to be Governor General of the English Forces in Ireland, was read; and Ordered, To be committed to the Committee of the whole House, to be taken into Consideration on Tuesday Morning next; and in the mean Time that it be translated into English.

Turner and Wilgric.

Ordered, That the Cause between Turner and Wilgric shall be heard, at this Bar, this Day Sevennight, by Counsel on both Sides; and Notice hereof to be given to the Parties concerned in it.

Lieut. Nayler's Petition, to be freed from an Arrest.

Upon reading the Petition of Lieutenant Laurance Naylor, "who was in Service under the Command of the Earl of Denbigh, and hath Arrears due unto him for his Service; but he is now arrested, and in the Custody of a Bailiff, at the Suit of one Cumber: Therefore desires to be released by this House."

It is Ordered, To be referred to the Earl of Denbigh, Lord Wharton, Lord Willoughby, and the Lord Robertes, to call the Petitioner and his Creditor before them, and see whether they can end the Business between them; or else report the same to this House.

Johnson to be instituted to Tinwell.

Ordered, That Sir Nath. Brent shall give Institution and Induction to Thomas Johnson, to the Rectory of Tinwell, in the County of Rutland, instead of Dr. Heath, in regard he is out of Town.

Larner & al. concerning London's last Warning.

Ordered, That Larner and the rest of the Persons concerning the Pamphlet called "The last Warning to London," shall be brought before this House on Tuesday Morning next.

Hughes' and Lee's Petition.

Upon reading the Petition of John Hughes and Christopher Lee: It is Ordered, To be referred to Mr. Justice Pheasant and Mr. Justice Rolls, to examine the Business, and state the Matter of Fact, and report the same to this House in Writing; and then further Directions will be given therein. The said Judges have Liberty to send for such Persons as they shall think (fn. 1) fit.

Ordinance for Diggle to be Minister of Chiddingfold.

An Ordinance was read Twice, for presenting John Diggle to the Parish Church of Chidingfold, in the County of Surry, in the Place of Doctor Edw. Layfeild.

Ordinance for Harford to be Rector of Cheriton.

An Ordinance was read, for the presenting of Heritage Harford to the Rectory of the Parish Church of Cheriton, in the County of South'ton, void by the Death of Dr. Carter, the late Incumbent thereof.

It is Ordered, That Hugh Hasewell shall have a Copy of this Ordinance, and return an Answer to this House within Four Days after he hath received it.

E. of Leven's Letter about Sir J. Worstenholm's Estate being sequestered.

The Earl of Northumb. reported from the Committee of both Kingdoms, as follows:

"At the Committee of both Kingdoms at Derby House.

"Ordered, That the Letter of General Leven, from Newcastle, of the 23th of Feb. concerning Sir John Worstenholme's having the Benefit of the Articles of the Rendition of Yorke, be reported to both Houses."

The Letter was read. (Here enter it.)

Ordered, That the Consideration of this Business is referred to the Consideration of these Lords following, who are to peruse the Articles of Yorke:

Any Two, to meet when they please.

Petit and Rednes.

Ordered, That the Cause of Petit, &c. against Rednes, &c. be heard on Friday next, at this Bar.

Ly. Wotton, a Pass.

Ordered, That the Lady Wotton shall have a Pass, to come to London, from Beaumorris, with Eight Servants.

Ordinance for discharging the Accompts of some Officers who were under the E. of Essex.

Next, an Ordinance was read, for discharging divers Persons, Officers in the Army late under the Command of the Earl of Essex, for so much which they have accounted for to the State; and it was Agreed to, and Ordered to be sent down to the House of Commons.

Mr. Steward to have Part of Sir G. Radcliff's Estate.

Ordered, That an Ordinance be prepared, and brought in, for granting to Mr. Steward those Goods of Sir George Radcliffe as are discovered, that so he may have Part of his Satisfaction upon the Judgement given him by this House.

Letter from the E. of Leven, to protect the Estate and Person of Sir J. Wolstenholm, on account of the Articles for the Surrender of York.

"For the Right Honnorable the Committee of both Kingdomes.

"Right Honnorable,

"Forasmuch as, by One of the Articles of the Rendition of the Citty of Yorke, it was especially agreed and provided, That those in the said Citty then in Service against the Parliament should enjoy the Freedomes of their Persons, and Benefitt of their Goods and Estate; and that I understand Sir John Wolstonholme, of Nostell, Knight, who was then in the said Citty, and had a Protection alsoe graunted him from the Earle of Manchester, the Lord Fairefax, and myselfe, hes, notwithstanding thereof, beene imprisoned since, and had his Estate sequestred, contrary to the Intention of the said Articles and of our Protectione (as I humbly conceave): I must therefore appeare in his Behalfe, and become an earnest Suiter to your Lordships, that, seeing he cannott be justly charged with any Act of Delinquency since that Tyme, your Lordships would bee pleased to vouchsafe him all the Favor intended by the said Articles and Protections; and for this Effect to represent effectually to the Committee for Sequestrations, how just and reasonable it is to confirme the Benefitt of the said Articles to him, which, if they doe not receave this Manner of Performance, can availe nothing, nor any Way protect the Persons which were therein comprehended. I am confident, your Lordships will not only take into your Consideration how necessary it is that Capitulations and Treatyes, which are of soe high and Publict Concernment, bee duly observed, but likewise vindicate and maintayne your owne Authority in my Protections, whereby your Lordships shall very much incourage and oblige me to remaine

"Your Lordships

Newcastle, the 23th Febr. 1646.

"Most humble Servant,

"Leven."

Article of the Treaty at York, referred to in the foregoing Letter.

"Article 11.

"That all Citizens, Gentlemen, Resiants, Sojourners, and every other Person within the City, shall, at any Time when they please, have free Liberty to remove themselves, their Families and Goods, and to dispose thereof, and of their Estates, at their Pleasures, according to the Laws of the Land; either to live at their own Houses or elsewhere, and to enjoy their Goods and Estates without Molestation, and to have Protections and Safeguards for that Purpose, so that they may rest quietly at their own Abode, and travel freely and safely about their Occasions; and for their better Removal, that they may have Letters of Safe Conduct, and be furnished with Horses and Carriages, paying for these Carriages reasonable Rates."

Thanks to the Preachers at the Thanksgiving.

Ordered, That Mr. Carryll and Mr. Peters have Thanks returned them, for their Sermons preached on Thursday last, at Christ's Church, at the Day of Thanksgiving; and that they be desired to print and publish their said Sermons.

Adjourn.

House adjourned till 10^a, Monday Morning next.