House of Lords Journal Volume 8: 3 July 1646

DIE Veneris, 3 a die Julii.

PRAYERS, by Mr. Sympson.

Comes Manchester, Speaker.

Sir R. Honeywood & al. a Pass.

Ordered, That Sir Rob't Honywood, Superintendant of the Queen of Bohemia's Affairs, shall have a Pass, to transport himself into Holland, his Lady, Two Daughters, Three Maids, Four Men Servants, all their necessary Baggage, and Eight Horses for his own Use.

Just. Reeves and Bacon, Leave to be absent.

Ordered, That Mr. Justice Reeves and Mr. Justice Bacon shall have Leave, after the Circuit, to go to their own Houses in Norff.

Ordinance to discharge the Excise Accompts.

Ordered, That (fn. 1) this House agrees to the Ordinance concerning the Discharge of the Commissioners for the Excise, as it came from the House of Commons, without any Alteration. (Here enter it.)

Forster to be instituted to Leeke.

Ordered, That Doctor Aylett shall give Institution and Induction to Mr. Christopher Forster Clerk, to the Vicarage of Leeke, in the County of Yorke; he having his Presentation under the Great Seal of England.

Report of the Conference concerning the Propositions.

The Speaker reported the Effect of the late Conference with the House of Commons:

"That Mr. Thorpe presented from the House of Commons a Vote passed, to be added as a Proposition to the rest that are to be sent presently to the King, concerning the Great Seal of England; they conceiving there is no other Proposition sufficient to enable what hath been passed under the Great Seal here, and to disenable that Seal at Oxford. In this Proposition they desire their Lordships Consent, and that it may be sent to the King with the other Propositions.

"Also, whereas this House formerly sent down to the House of Commons the Names of Lords to be Conservators of the Peace between the Kingdoms of England and Scotland, with a Vote for their Power, wherein their Lordships Concurrence is desired; and they have nominated a proportionable Number of their House, to join with the said Lords."

The Names of the Conservators of the Peace, with their Power, was read, and Agreed to. (Here enter it.)

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they agree,

1. To the Pass for Four Horses for Captain George Howard to be sent into Holland.

2. To the Names to be added to the Committee for Gloucester. (Here enter them.)

3. To the Ordinance for presenting Mr. Nisbett to the Living of Kirtlington. (Here enter it.)

4. To the Deputy Lieutenants for the County of Denbigh. (Here enter it.)

To all the rest of their Messages, they will send an Answer by Messengers of their own.

Sir W. Russel & al. and Lenthall & al.

Ordered, That it is referred to all the Judges, to consider whether a Prohibition will lie or not, in the Case between Sir Wm. Russell and others, and Lenthall and others; and the Judges to make their Report of their Resolution.

Message from the H. C. to expedite the Propositions.

A Message was brought from the House of Commons, by Zouch Tate Esquire:

To desire their Lordships would please to give Expedition to the Propositions for Peace, the dispatching whereof is of so great Concernment to the whole Kingdom and Ireland, that the People will look upon those that hinder Peace with an evil Eye: But because they find their Lordships have been ever willing to further Peace, therefore they desire their Lordships would expedite the Propositions.

The Answer returned was:

Answer.

That this House hath long since passed the Propositions for Peace which were formerly brought up; as concerning that which was brought up within these Two Days, their Lordships are now in Consideration of it, and will send them an Answer by Messengers of their own.

The Proposition concerning the Great Seal, was read, and Agreed to.

Marshal to be instituted to Stirpenbeck.

Ordered, That Doctor Aylett shall institute and induct John Marshall Clerk, Master of Arts, to the Rectory of Stirpenbecke, in the County and Diocese of Yorke; presented thereunto by the Commissioners of the Great Seal of England.

Chapman to be instituted to Thornton.

Ordered, That Doctor Aylett shall institute and induct Richard Chapman to the Rectory of Thornton super Moras, in the County of Cheshire, void by Resignation or otherwise of George Biron Doctor of Divinity; the said Richard Chapman producing a Presentation under the Hand and Seal of Sir George Booth Knight and Baronet.

Declaration of the H. C. to assert the Privileges of the Houses concerning the Propositions.

Next, the House took into Consideration the Declaration brought up lately from the House of Commons, concerning the (fn. 2) ascertaining the Privileges of the Houses of Parliament in the passing the Propositions; and this House Agreed to it, with an Addition; and Ordered, That it be sent to the House of Commons, for their Concurrence in the said Addition.

Message from the H. C. for the Earl of Salisbury to be a Commissioner of the Great Seal;

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight:

1. That, by reason of the Earl of Bolingbrooke's Death, One of the Commissioners of the Great (fn. 3) Seal, the Business is retarded; therefore they desire their Lordships Concurrence in nominating the Earl of Sarum to be a Commissioner in his Place. (Here enter it.)

Read, and Agreed to.

for the E. of Kent to be L. Lieut. of Bedford;

2. To desire Concurrence, that the Earl of Kent may be Lord Lieutenant of the County of Bedford.

Laid aside for the present.

with Letters to The States;

3. To desire Concurrence in Two Letters to be sent to The States. (Here enter it.)

Read, and Agreed to.

and with Ordinances, &c.

4. To desire Concurrence in an Ordinance for One Thousand Pounds, out of the Excise of Lyme, for Colonel Ceelie's Regiment. (Here enter it.)

Read, and Agreed to.

5. An Order for Mr. Brereton to be Deputy Lieutenant for the County of Denbigh.

Not Agreed to.

6. An Ordinance concerning Sir John Corbett.

Read, and not Agreed to.

The Answer returned was:

Answer.

That their Lordships do agree that the Earl of Sarum be One of the Commissioners for the Great Seal; to the Ordinance concerning the One Thousand Pounds for Lyme, and to the Letters to be sent to The States: To all the rest, their Lordships will send an Answer by Messengers of their own.

Goring House to be furnished for the F. Ambassador.

Ordered, To send to the House of Commons, to desire that Money may be appointed for furnishing Goringe House for the French Ambassador, for what the Wardrobe will not yield.

Message to the H. C. about the following Particulars.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To let them know, that this House agrees to (fn. 4) the Proposition concerning the Great Seal, and to the Names of Conservators of the Peace, and their Powers; and that their Lordships have passed the Declaration, with an Addition, wherein their Concurrence is desired; and that all these Three Particulars may be communicated to the Scotts Commissioners, by the Members of both Houses that are of the Committee of both Kingdoms this Afternoon.

2. To recommend Colonel Slaughter's Petition to them.

3. To desire that Money may be provided, for furnishing Goringe House for the French Ambassador.

4. To put them in Mind of the Earl of Cleaveland's Business.

Blackmore's Petition.

Upon reading the Petition of Tho. Blackemore: It is Ordered, To be recommended to the House of Commons.

Dowet, a Pass.

Ordered, That Mr. Dowett shall have a Pass to go to Newcastle, to the King.

Mrs. Massey's Cause.

Ordered, That the Cause of Mrs. Massie's, depending in this House, is hereby dismissed, it being by Consent of all Parties.

Letters to The States General, &c. for the Restitution of Ships belonging to Hull, taken by De Witte.

"Illustrissimi ac Potentes Domini,

"Reversis ad nos Mercatoribus Hullensibus, quorum Naves & Bona vester Concivis Nicholaus de Witte More iniqui Prædatoris cepit, atque de nondum restitutis Bonis Querelam priorem iterantibus; non potuimus hanc nostram ad Illustrissimas vestras Excellentias itidem iteratam Mediationem denegare. Dictorum igitur Mercatorum Rem vestris Præpotentibus Excellentiis denuò plurimùm commendatam; easque instantissimè rogatas velimus, ut Causam justam diutiùs premi & procrastinari minimè sustineant, sed potiùs eam expediri, Bonaque ab incumbenti Perditione liberari, & Proprietariis restitui sine ulteriore Morâ faciant. Istud quidem Benevolentiæ nobis de solitâ Illustrissimarum vestrarum Excellentiarum Æquitate pro mutuâ quæ inter has utrinque Nationes intercedit Amicitiâ & Consuetudine (quam usque sartam, tectam, & cupimus & speramus) promittimus; vestris Illustrissimis & Præpotentibus Excellentiis prosperrimos Rerum omnium Successus comprecantes.

"Illustrissimis ac Præpotentibus vestris Excellentiis

"Studiosissimè addicti,

"Proceres & Ordines Communium Parliamenti Angliæ.

"E. Manchester, Speaker of the House of Peers, pro Tempore.

"Ex Palatio Westmonaster. Parliamentario, 26 Junii, MDCXLVI."

"Illustres, Nobilissimi, & Præpotentes Domini,

"Vix fert cognita, eademque nobis gratissima, vestrarum Illustrium Dominationum in nos Benevolentia, ut Litem, quam Nicolaus de Witte, iniquâ suâ duarum Navium Hullensium Prædatione Proprietariis Anglis movit, nondum expeditam nobis persuaderi sustineamus: Cum tamen æquam istius Causæ Expeditionem adhuc differri, & Bonorum (quæ tantâ Cunctatione & Temporis Protractione non perire & conteri non possunt) Detentionem usque durare, adeoque Proprietariis summum Damnum minitari, ex repetitâ Mercatorum Querimoniâ intelligamus; nos, pro singulari nostrâ Nobilissimarum ac Præpotentium vestrarum Dominationum Existimatione, & pro eâ quam inter has hinc inde Nationes æternum duraturam considimus Amicitiam, Præpotentibus vestris Dominationibus hanc Causam iterùm commendare, easdemque enixè rogare; non dubitavimus ut nunc tandem omnia ea injustè capta Bona Proprietariis restitui curent vestræ Illustres Dominationes, atque ita sibi nos magis magisque devincire pergant; qui sane vicissim omnem semper adhibebimus Curam & Operam, ut istud vestri Affectûs Argumentum omnibus veræ Amicitiæ Officiis demereamur; Illustres ac Præpotentes vestras Dominationes quÀm optimè & diutissimè valere & florere voventes.

"Datæ ex Parliamentario Palatio Westmonasteri, xxvi Junii, MDCXLVI.

"Illustribus vestris Dominationibus

"Addictissimi,

"Proceres & Ordines Communium Parliamenti Angliæ.

"Manchester, Speaker of the House of Peers pro Tempore."

Ordinance to discharge the Accompts of the Commissioners of Excise, and for indemnifying them.

"Whereas the Accompt of John Towse, Thomas Foote, John Kendrick, Thomas Cullum, Symon Edmonds, Esquires, and Aldermen of the City of London, John Lamott and Edward Claxton, of the same, Esquires, Chief Commissioners and Governors for the whole Receipts of the Excise and new Impost established by Ordinance of Parliament, and dated the 11th September, 1643, beginning the 11th of September, 1643, and ending the 11th of September, 1644, have been duly audited, examined, and pricked over, with the Vouchers, Entries, and Books of Accompts, in the several Offices throughout the Kingdoms, by Thomas Fauconbridge and William Bond, Esquires, Auditors in that Behalf appointed, according to the Directions prescribed in and by several Ordinances of Parliament; which said Accompt (fn. 4) hath been likewise presented by the said Auditors unto the Committee of Lords and Commons for regulating the Excise, and by them considered of, examined, and allowed: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the said Thomas Foote, John Kendrick, Thomas Cullem, Simon Edmonds, John Lamott, and Edward Claxton, surviving Commissioners of Excise, their Heirs, Executors, and Administrators, and every of them, and the Heirs, Executors, and Administrators of the said John Yowse deceased, are, and shall be, saved harmless and defended, for any Act or Acts by them, or any of them, or by their Sub-commissioners, Deputies, or Under Officers whatsoever, by their Direction, or any of them, done, in the collecting of the Excise and new Impost, and in the Ordering and Governing thereof; and also that the said Chief Commissioners and Governors of the Excise, their Executors and Administrators, and every of them, are, and shall be hereby for ever, acquitted and discharged of all Receipts, Payments, Reckonings, Questions, and Demands whatsoever, for One whole Year, beginning 11th of September, 1643, and ending 11th of September, 1644: Provided nevertheless, That the said Chief Commissioners of Excise shall be liable for such Sums of Monies of the Debts and Surcharges set over in super upon the Sub-commissioners and Debtors in the said Accompts, or for any other Monies due for Excise for the said Year, as already have, or hereafter shall come into their Hands, and for no more."

E. of Salisbury to be Commissioner of the Great Seal.

"The Lords and Commons assembled in Parliament do nominate and approve of the Earl of Salisbury, to be One of the Commissioners of the Great Seal of England, in the Place of the Earl of Bollingbrook, deceased.

Order for 1000£. for Col. Ceelie's Regiment from Lyme.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be charged upon the Excise of the Town of Lyme, and paid, upon Accompt and Muster, to Colonel Ceelye's Regiment; and the Receipt of Major Peter Ceely, or his Assignee, shall be a sufficient Discharge unto the Sub-commissioners of Excise at Lyme, as also unto the Chief Commissioners of Excise at London, for the said One Thousand Pounds."

Ordinance for Nisbet to be Minister of Kirtlington.

"Whereas the Parsonage of Kirtlington, in the North Riding of the County of Yorke, is now void, by Death of the late Incumbent thereof; and the next Presentation thereof belongeth to George Wandesford Esquire, who hath been, and yet is, in actual Arms against the Parliament: Therefore the Lords and Commons in this present Parliament do Order and Ordain, and it is Ordered and Ordained by the said Lords and Commons, That Phillip Nisbett, Master of Arts, a godly, learned, and orthodox Divine, shall be Minister of the said Church and Parish of Kirtlington; and that he shall hold, possess, and enjoy, the said Parsonage and Parsonagehouse, with the Appurtenances, and all Glebe Lands, Tithes, Rents, Stipends, Pensions, Profits, and Commodities whatsoever, to the said Parish Church and Parsonage belonging, or in any Wise appertaining, in as large and ample Manner as the late deceased Minister thereof, or any other Minister or Incumbent thereof, lawfully, or of Right, hath had, or ought to have had and enjoyed the same; any Thing contained in any Ordinance, or any other Matter or Thing whatsoever to the contrary thereof, in any Wife notwithstanding: Provided always nevertheless, and saving to all and every other Person and Persons, Bodies Politic and Corporate, and his and their Heirs and Successors respectively, other than than the said George Wandesford, and Sir Edward Osborne Baronet, and Alice Wandesford Widow, Guardians and Committees of the said George Wandesford, their and every of their Heirs and Executors, all Rights, Titles, and Demands whatsoever, to the said Rectory and Parsonage of Kirklington aforesaid; any Thing in this present Ordinance contained to the contrary in any Wife notwithstanding."

Committees for Gloucester.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir John Seymore, John Codrington, Phillip Langley, Samuell Codrington, William Stafford, Mathew Huntley, Vincent Gooking, Anthony Kingscott, Esquires, shall be, and are hereby, added to the Committee of Gloucester."

"Ordered, by the Lords and Commons in Parliament assembled, That John Hanbury, Nicholas Webb, John Dorney, and William Browne of Hasfeild, Esquires, and Gabriell Becke Gentleman, shall be, and are hereby, added to the Committees for the County of Gloucester, and for the City of Gloucester."

Deputy Lieutenants of Denbighshire.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir Thomas Middleton, Sir Richard Wynn Baronet, John Glyn Recorder of London, Sir John Trevor, Sir Robert Needham, Symon Thelwall the Elder of Placeaward, John Pulston Esquire, Thomas Middleton the Younger, Symon Thelwall the Younger, Robert Wynn Esquire de Voylas, Edward Thelwall Esquire de Glantannatt, Robert Sauntley Esquire, shall be Deputy Lieutenants for the County of Denbigh."

Conservators of Peace named in the Propositions.

"Earl of Northumberland, Earl of Rutland, Earl of Pembrooke, Earl of Essex, Earl of Lincolne, Earl of Suffolke, Earl of Warwick, Earl of Manchester, Earl of Stanford, Lord Dacres, Lord Wharton, Lord Willoughby, Lord North, Lord Hunsdon, Lord Gray, Lord Howard of Estrick, Lord Bruce, Fardinando Lord Fairfax, Mr. Nathaniel Fienns, Sir Wm. Armyn, Sir Phill. Stapleton, Sir Hen. Vane, Mr. Wm. Pierrepoint, Sir Edw'd Aiscough, Sir Will'm Strickland, Sir Arthur Heslirige, Sir John Fenwick, Sir Wm. Brereton, Sir Thomas Widdrington, Mr. John Toll, Mr. Guilbert Millington, Sir William Constable, Sir John Wray, Sir Henry Vane Junior, Mr. Henry Darley, Oliver St. John Esquire His Majesty's Solicitor General, Mr. Denzill Hollis, Mr. Alexander Rigby, Mr. Cornelius Holland, Mr. Samuell Vassall, Mr. Peregrine Pelham, John Glynn Esquire Recorder of London, Mr. Henry Marten, Mr. Alderman Hoyle, Mr. John Blakiston, Mr. Serjeant Wilde, Mr. Richard Barwis, Sir Anthony Irby, Mr. Ashburst, Mr. Bellingham, and Mr. Tolson.

"Resolved, by the Lords and Commons, &c. That the several Members of both Houses before mentioned shall be the Commissioners for Conservation of the Peace between the Two Kingdoms, to act according to the Articles of the large Treaty, and not otherwise."

Adjourn.

House adjourned till 10^a cras.