House of Lords Journal Volume 8: 28 May 1646

DIE Jovis, 28 die Maii.

PRAYERS, by Mr.

Comes Manchester, Speaker.

Gayle to be instituted to North Tudworth;

Ordered, That Sir Nath. Brent shall give Institution and Induction to John Graile, to the Rectory of North Tudworth, in the County of Wilts; being presented thereunto by the Broad Seal.

Birkbeck to be instituted to Ackworth;

Ordered, That Sir Nath. Brent shall give Institution and Induction to Tho. Birkbeck Clerk, to the Rectory of Acworth, in the County of Yorke; being presented thereunto by the Broad Seal of England.

and Horton to Alderton.

Ordered, That Doctor Heath shall give Institution and Induction to Tho. Horton, to the Rectory of Alderton, in the County of North'ton.

Roll 21 J. 1. to be amended.

Ordered, That the Keeper of the Rolls shall bring the Roll of 21° Jac. to this House To-morrow Morning, to be amended according to the printed Book.

Stepkin and Raystick, in Error.

Ordered, That Stepkin shall assign Errors within Eight Days; else the Judgement to be remitted back to the King's Bench, that Execution may be taken out.

Aldridge and Wright, in Error.

Ordered, That Aldridge shall assign Errors within Eight Days; else the Judgement is to be remitted back to the King's Bench.

Fitzakerley and Fenton; in Error.

Ordered, That this House affirms the Judgement in the Writ of Error between Fitzacre' and Fenton; and that the same be remitted to the King's Bench, for Judgement to be taken out.

Quarrel between Ld. Campden and Ld. Chandois.

Ordered, That the Earl of Essex, Earl of Warwicke, and the Lord Willoughby, and Lord North, are appointed by this House to end and (fn. 1) make up the Difference between the Lord Viscount Campden and the Lord Chandois, who are to attend To-morrow Morning.

Ordinance to prevent Challenges.

Ordered, That the Earl of Warwicke do present to this House an Ordinance for to prevent Challenges.

Quarrel between Sir W. Farmer and Mr. Mordant;

The House being informed, "That there is a Faling-out between Sir Wm. Farmer and Mr. Mordant;"

and between Gen. Porter and Capt. Sackvile.

It is Ordered, To be referred to the Earl of Essex, Earl of Warwicke, Lord North, and the Lord Willoughby, to end the Difference between them; and that the Difference between Major General Porter and Captain Sackvile is referred to them to compose; and the said Sir Wm. Farmer, Mr. Mordant, Major General Porter, and Captain Sackvile, to attend the Lords To-morrow Morning.

Preachers at the Fast thanked.

Ordered, That Mr. Prophett and Mr. Taylor have Thanks returned them, for their Sermons preached Yesterday at the Fast, before the Lords, in the Abbey Church at Westm. and that they be desired to print their Sermons.

Preachers at the next.

Ordered, That Mr. Herle and Mr. Johnson are appointed to preach before the Lords in Parliament the next Fast-day, at the Abbey.

Brereton's Ordinance.

The Ordinance for taking off Mr. Brereton's Sequestration, was read, and Agreed to. (Here enter it.)

Message to the H. C. about the Princess Henrietta;

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

1. To put them in Mind of the Business concerning the Lady Henrietta, because she suffers much for Want of Maintenance.

with the Letter to Russia;

2. To desire Concurrence in the Letter to be sent to the Emperor of Russia.

the Letter from Dantzick;

3. To communicate to them the Letter from the City of Dantzicke, concerning Mr. Smarte.

and with an Ordinance.

4. To desire their Concurrence in the Ordinance concerning Sir John Worstenholme.

Sir H. Tracy, about the Gloucester Ordinance.

Ordered, That Sir Humphrey Tracy shall be heard, before the Ordinance concerning Gloucester be passed; and that he shall have a Month's Time allowed him to prepare his Writings.

Exeter Ordinance.

The Ordinance concerning the One Thousand Pounds for Exon, was read, and Agreed to. (Here enter it.)

E. of Cambridge to apply for his Goods in the E. of Denbigh's Possession.

Ordered, That the Earl of Cambridge shall have Leave, from this House, to apply himself to the House of Commons, for the Restitution of his Goods, deposited by that House in the Hands of the Earl of Denbigh.

Ingle and Ford versus Cornwallis.

Ordered, That the Cause between Mary Ford and Cornwallis, and the Cause been Ingle and Cornwallis, shall be heard this Day Fortnight.

Scots Papers, about Religion, &c.

Ordered, That the Committee that are to consider of the Scots Papers, concerning Religion, &c. shall meet To-morrow Morning, at Nine a Clock.

Message to the H. C that the King's Letter to Sir T. Glemham, to surrender Oxford, may be sent to Sir T. Fairfax.

A Message was sent to the House of Commons, by Mr. Justice Bacon and Mr. Justice

That the Lords, taking into their Care the further Esfusion of Blood, (fn. 2) do desire that the Order of the King's to Sir Thomas Glemham, for the Surrender of Oxford, may be speeded away, from both Houses, to Sir Thomas Fairefax; and that he might be directed to send it to Sir Tho. Glemham, Governor of Oxford.

General Order about Writs of Error.

The Order concerning Writs of Error depending in this House, was read, and approved of; and Ordered to be printed, and published in the Courts of Westm. and elsewhere. (Here enter it.)

Sir W. Russell & al. and Lethall & al.

Ordered, That the Cause between Sir Wm. Russell and others, and Lenthall and others, shall be heard, at this Bar, Five Days after the End of the next Term.

Cannon freed from an Arrest, on giving Security.

Ordered, That Captain Cannon shall be released from Imprisonment, being arrested for Debt; provided he give Satisfaction for the Debt out of his Debenture for his Arrears due to him from the State.

Smart's Order.

The Order concerning Mr. Smarte, was read, and approved of. (Here enter it.)

Order for Hall's Burial.

The Order for paying Twenty Pounds for the Burial of Captain Hall, was read, and Agreed to.

(Here enter it.)

Tapestry Manufacturers at Mortlake Petition, for a Protection against their Creditors.

The Petition of the Men that make Hangings at Mooreclack, was read; desiring "Protection from their Creditors, until they can sell their Hangings."

It is Ordered, That it shall be taken into Consideration what Course is fit to be taken for their Relief.

Corsellis & al. versus Bushell & al.

Upon reading the Petition of Corsellis, &c. Merchants:

It is Ordered, That Bushell and Goodier shall put in their Answer to the same to this House by To-morrow Fortnight.

Ordinance to clear Mr. Brereton of his Delinquency.

"Whereas Richard Brereton, of Ashley, in the County of Chester, Esquire, hath by both Houses of Parliament been admitted to his Fine of Six Hundred Pounds, for that he assisted the Forces raised against the Parliament: The Lords and Commons in Parliament assembled do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Richard Brereton, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the 28th of February, 1645, with an Exception of the Right or Estate of the said Richard Brereton in or to all Advowsons, Presentations, and Rights of Patronage, or to any Church, or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Richard Brereton 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 Richard Brereton shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Order for 1000£. for Exeter.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That One Thousand Pounds be allowed, upon Accompt, out of the Excise-office of Exeter, towards the Maintenance of the Garrison there; and the Commissioners of Excise are hereby required to give Order and Warrant for the Payment of the said One Thousand Pounds unto such Person or Persons as the Committee of the West shall direct and appoint."

General Order concerning Writs of Error.

"Forasmuch as many Writs of Error be now brought, and may hereafter be brought, and the Records thereupon be removed into this present Parliament; and the Plaintiffs in the same Writs oftentimes desire to delay Justice, rather than to come to the Derermination of the Right of the Cause: It is therefore this Day Ordered, by the Lords assembled in Parliament, That the Plaintiffs in such Writs, after the same and the Records be brought in, shall speedily repair to the Clerk of the Parliaments, and prosecute their Writs of Error, and satisfy the Officers of this House their Fees justly due unto them, by reason of the Prosecution of the said Writs of Error, and the Proceedings thereupon; and further, shall assign their Errors within Eight Days after the bringing in of such Writs with the Records; and if the Plaintiffs make Default so to do, then the said Clerk, if the Defendant in such Writs require it, shall record, That the Plaintiff hath not prosecuted his Writ of Error; and that this House doth therefore award, that such Plaintiff shall lose his Writ, and that the Defendant shall go without Day, and that the Record be remitted: And if any Plaintiff in any Writ of Error shall alledge Diminution, and pray a Certiorari, the Clerk shall enter an Award thereof accordingly; and the Plaintiff may, before in nullo est Erratum pleaded, sue forth such Writ of Certiorari in ordinary Course, without special Petition or Motion to this House for the same; and if he shall not prosecute such Writ, and procure it to be returned within Ten Days next after his Plea of Diminution put into this House, then, unless he shall shew some good Cause to this House for the enlarging of the Time for Return of such Writ, he shall lose the Benefit of the same; and the Defendant in the Writ of Error may proceed as if no such Writ of Certiorari were awarded."

Order for Money for Mr. Smart, out of the Revenue of the Dean and Chapter of Durham.

"Upon reading of the Petition of Peter Smart Clerk, this Day in the House; complaining, That the Sum of Four Hundred Eighty Pounds is arrear and unpaid unto him, contrary to a former Order of this House, as by Certificate of Gilbert Marshall Receiver of the Revenues belonging to the Bishopric of Durham doth appear, who doth refuse to pay the Petitioner the said Sum, notwithstanding his own Certificate acknowledging the said Money to be due unto him; and whereas One Hundred Forty-four Pounds was received of the Petitioner's Tenants, by Order of Thomas Burwell, whose Estate is now under Sequestration; and one Mr. John Heath received Sixty Pounds of the Petitioner's Rents, when the Earl of Newcastle was in the North: It is Ordered, by the Lords in Parliament, That the said Gilbert Marshall, or the Receiver for the Time being of the said Dean and Chapter's Rents, shall from henceforth pay Yearly unto the said Mr. Smart, or his Assigns, his Stipend or Dividend as formerly it hath been settled; and shall, upon Sight of this Order, pay likewise the full Sum of Four Hundred and Eighty Pounds, according to his own Certificate; and that the Petitioner may be speedily satisfied for the said One Hundred Forty-four Pounds, and Sixty Pounds, out of the Estates of the said Burwell and Heath, which are now under Sequestration for their Delinquency; and lastly, that such as by Affidavit produced in this House shall be found to have disobeyed any former Order shall be sent for as Delinquents."

Order for 20£. for burying Capt. Hall.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Twenty Pounds be forthwith advanced and paid, by the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall, unto Mrs. Mary Hall, Sister to Captain John Hall deceased, upon Accompt, in Part of Payment of his Arrears, to be employed for the Interring and Burial of the said Captain John Hall."