House of Lords Journal Volume 8: 4 August 1646

DIE Martis, 4 Augusti.

PRAYERS, by Mr. Ford.

Comes Manchester, Speaker.

Preacher at the Fast thanked.

Ordered, That Mr. Bolton shall have Thanks for his Sermon the last Fast-day, and desired to print his Sermon.

Answer from the H. C.

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

1. That they agree to the Ordinance for Ireland, with the Alterations. (Here enter it.)

2. They agree to the Order for Continuance of the Ordinance for the Garrison of Bristoll, with the Alterations. (Here enter it.)

3. To the Business concerning the Lord Grey of Warke; to the Ordinance of Mr. Tho. Twist; to the Ordinance for Mr. Tho. Prynne; and to the Petition of Tho. Boyde; they will take them into Consideration, and send an Answer by Messengers of their own.

Letter from Hukes to Biggs.

Upon reading a Letter presented to this House by the Lord Robertes, written from Mr. James Hulkes, to Mr. Abraham Biggs, at Foye, in Cornwall: (Here enter it.) It is Ordered, That it be referred to these Lords following, to examine the Business contained in this Letter:

Any Two, to meet when they please.

Letter from the Commissioners with the King.

A Letter from the Earl of Pembrooke and the Earl of Suffolke, was read. (Here enter it.)

Countoss of Berks' Goods not to be molested.

Upon reading the Petition of the Countess of Berks: It is Ordered, That the Goods do remain undisturbed, at New Elme, in the County of Oxon, until she hath made the Composition for her Husband here.

E. of Portland tenders himself.

The Speaker acquainted this House, "That the Earl of Portland, being lately come to London, addressed himself to him, as the Speaker of this House, to let him know of it."

Ly. Brooke and Umfreville.

Upon reading the Report from the Committee of Lords and Commons for Sequestrations, concerning the Demand of Mr. Umfrevill, against the Lady Brooke: (Here enter it.)

It is Ordered, That the Case of the said Lady Brooke be specially recommended to the House of Commons, according to the Contents of the said Report.

Warren to be instituted to Rame.

Ordered, That Sir Nathaniell Brent shall give Institution and Induction to Robert Warren Clerk, to the Parsonage of Rame, in the County of Cornwall, being presented thereunto by John Batterby Esquire, the Patron thereof; and this to be with a salvo Juris cujuscunquc.

Chandler to be instituted to Bushbury.

Ordered, That Dr. Aylett shall give Institution and Induction to Wm. Chandler Clerk, to the Vicarage of Bushbury, in the County of Stafford, being presented to the same by Walter Grosvenor Esquire; and this to be with a salvo Juris cujuscunque.

Ordinance for an Excise to pay Artificers.

The Ordinance concerning the Artificers, was read, and committed to these Lords following:

Any Three, to meet when they please.

Committee to consider of a scandalous Paper, called An Alarum to the Lords.

Complaint being made to this House, of a printed scandalous Book, intituled "An Alaram to the Lords:" It is Ordered, That it is referred to these Lords following, to examine concerning this Book, and all other scandalous Books that this House is possessed of; and to send for such Person and Persons as they shall think fit to examine concerning this Business:

Any Three, to meet when they please.

Du Moulin to be Lecturer of History at Oxford.

Upon reading the Petition of Lewis Du Moulin; desiring " to have some Headship of a College, or the Benefit of a Lecture in the University, bestowed upon him:"

It is Ordered, To be recommended to the House of Commons, that he may have the History Lecture in the University of Oxon.

Roberts to be of the Assembly.

Ordered, That Mr. Francis Robertes, of London, be added to the Assembly of Divines, in the Place of Dr. Twist; and that the Concurrence of the House of Commons be desired herein.

Ly. Campden's Assessment.

The Lord Howard made a Report from the Committee at Haberdashers Hall, concerning the Lady Viscountess Campden; which being read: (Here enter it.)

It is Ordered, That this House leaves it to the Committee, to proceed in the Assessment according to the Ordinance of Parliament, and as they have already done.

Esthorpe's Ordinance, to be Rector of Houghton on the Spring.

An Ordinance was brought in, and read, and passed, to present Mr. Esthorpe to the Living of Houghton in the Spring, in the County Palatine of Durham; and the Concurrence of the House of Commons to be desired herein.

Dr. Wilkinson to be President of Magdalen College.

Ordered, That Dr. Wilkinson be President of Magdalen Colledge, in the University of Oxon; and the Concurrence of the House of Commons to be desired herein.

White's Ordinance to be Rector of Pimperne.

The Ordinance for John White, Clerk; to be Rector of Pymperne, in the County of Dorsett, was read, and Agreed to. (Here enter it.)

Rouse, who arrested Ld. Bruce's Servant; released:

Upon reading the Petition of George Rowse, of London, Grocer; submitting himself to this House, for arresting the Servant of the Lord Bruce, he having given Satisfaction to the Lord Bruce:

It is Ordered, That the said George Rouse shall forthwith be released of his present Restraint:

Proceedings against Sir J. Worstenholm to be stayed.

Ordered, To send to the House of Commons, to put them in Mind of the Ordinance formerly sent down, for taking off the Sequestration of Sir John Worstenholme's Estate, by virtue of the Articles of Yorke; and that all Proceedings to the contrary be staid in the mean Time.

Col. Herbert freed from an Arrest.

This Day Colonel Herbert was brought to this Bar, by a Habeas Corpus of the Causes of his Commitment; which being read, it is Ordered, That the said Colonel Herbert be forthwith released.

Message to the H. C. to expedite Sir J. Worstenholm's Ordinance;

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

1. To desire that they would expedite the Ordinance which remains with them, concerning the taking off the Sequestration of Sir John Worstenholme; and because their Lordships are informed that there is Order sent down into the Country for seizing his Estate, to desire that all Proceedings in the mean Time may be staid.

about Dr. Wilkinson;

2. To desire their Concurrence, that Mr. Doctor Wilkinson may be President of Magdalen's Colledge, in Oxford.

Mr. Roberts;

3. To desire Concurrence, that Mr. Francis Robertes, of London, may be added to the Assembly of Divines, in the Place of Mr. Doctor Twist.

Du Moulin's;

4. To desire Concurrence, that Mr. Lewis Du Moulin may be made History Lecturer in the University [ (fn. 1) of Oxon.]

and Col. Devereux.

5. To put them in Mind of Colonel Devereux' Business.

Letter from Hukes to Briggs, about his Accompts.

"For Mr. Abraham Biggs, at Foy, in Cornwall. These, Haste.

"Mr. Biggs,

"I pray you, when a Letter comes from me unto you, bearing Date the 25th of June, send me Answer of it with all Speed; but inclose it to Mr. Alabone for me, and let somebody else write the Superscription, because your Hand is known: My Letter of that Date comes by this Post to you under Cover of Mr. Burlamack. I advise you not make any Accompt unto him of your Arrears; but if from Time to Time he press you unto it, tell him your Accompt was given to the Secretaries of State, and so forth; for, if you can avoid him, the Money do as well in your Hands as his. I shall write you more by the next haply, for he and I are at great Distance and Difference concerning your Accompts and others; so rests

London, the last of June, 1646.

"Your loving Friend,

"James Hukes.

"I pray send me Word to whom I may inclose any Letters for you in Exceter or otherwise; and that they may come safe to you, concerning this Business, &c."

Letter from the Commissioners with the King, that they have presented the Propositions.

"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.

"My Lord,

"We did, upon our coming hither, acquaint you with the Time which the King appointed to receive the Propositions, being Friday last after Dinner, at which Time we humbly presented them to His Majesty, and, according to our Instructions, desired His positive Answer and Consent thereunto; who said, "He thought we could not then expect an Answer, but He would consider of it;" and not hearing from Him since, we did again this Afternoon wait on His Majesty, to put Him in Mind; who told us, "That He knew our Time limited, against which He would prepare us an Answer." However, we shall endeavour strictly to observe our Instructions, and give you Advertisement as there shall be Occasion. This is all we shall trouble you with at present, humbly taking our Leaves; and rest,

Newcastle, 28th July, 1646.

"My Lord,

"Your Lordship's humble Servants,

"Pembroke & Mountg. Suffolk."

Report concerning Lady Campden's Assessment.

"The Viscountess Campden Dowager was assessed, January the 30th, 1645, by the Assessors at Habberdash'rs Hall, by virtue of the Ordinance of Parliament of the 29 of November, 1642, at Four Thousand Pounds, for her Twentieth Part.

"The Viscountess sent to Mr. Noell, March the 23th, 1645, who produced a Paper, that her Ladyship had paid Eight Hundred Pounds in the County, which de bene esse was accepted; and her Ladyship was ordered to make up her Moiety, by Payment of Twelve Hundred Pounds more within Fourteen Days; and then the Committee would take further Order.

"By Ordinance of Parliament, of the 16th of September, 1642, it was Ordered, That no Members of either House should be assessed.

"But other Lords and Countesses have usually been assessed: Although Addresses have been made to the House of Lords, the Assessments have been confirmed; videlicet,

"Countess of Peterborough.

"Countess of Exeter.

"Countess of Kent.

"By Ordinance of Parliament of the 9 of October, 1643, all Members of either House absenting themselves were to be assessed at Habberdash'rs Hall; and no other Committee have Power therein."

Ordinance to continue the One for Bristol Garrison.

"It is Ordered, by the Lords and Commons [ (fn. 2) in Parliament] assembled, That the Ordinance for establishing the Garrison, and Pay for the Garrison of Bristoll, be continued until the last Day of August next ensuing the Date hereof, and no longer."

Ordinance for White to be Rector of Pymperne.

"Whereas the Rectory of Pymperne, in the County of Dorsett, is now void, by Death of Christopher Pitt the last Incumbent thereof; and for the officiating the Cure therein, the Standing Committee for the said County hath appointed John White, Clerk, the Younger, a godly, learned, and orthodox Divine, to take Charge thereof until further Order, who hath accordingly oftentimes since preached amongst them, to the good Satisfaction of the Inhabitants there, who desire that he might be further settled amongst them; and whereas the next Presentation to the said Rectory belongeth to George Pitt Gentleman, who is now under Age: The Lords and Commons, to the End the said Rectory of Pymperne may be supplied with a godly, learned, and orthodox Divine, have Ordered, Ordained, and Appointed, and do hereby Order, Ordain, and Appoint, the said John White, Clerk, Master of Arts, to be Rector of Pymperne, in the County of Dorsett aforesaid; and that he shall and may have, hold, possess, and enjoy, the said Rectory and Parsonage, and Parsonage-house, with all the Rights, Members, Stipends, Duties, Glebe, Tithes, Profits, Commodities, and Appurtenances whatsoever, to the said Rectory or Parsonage belonging, from the Day of the Date of this Ordinance, in as large and ample Manner as the said Christopher Pitt, or any other Rector or Parson thereof, lawfully or of Right had, or ought to have had, the same: Provided, That the said John White shall pay all such Tenths, First Fruits, and other Duties, as ought to be paid, for or in regard of his Incumbency there. And the said John White is hereby vested and settled in the said Rectory and Premises, and shall to all Purposes be adjudged so seized of and in the same, for his Life, as fully as the said Christopher Pitt deceased held and enjoyed the same, and as if he had been presented, admitted, instituted, and inducted, upon the Presentation of His Majesty, or of any Person or Persons deriving any Interest or Authority from or under Him: Saving to all other Persons, Bodies Politic and Corporate, all such Right and Title as they, or any of them, have unto the Rectory of Pymperne aforesaid, except such Persons as are sequestrable by the Ordinance of Parliament for the sequestering of Papists and Delinquents Estates: And the Commissioners of the Great Seal are hereby authorized to pass the same, under the Great Seal of England, unto the said John White accordingly."

Ordinance to clear Degge, Nichols, and Carryer, of their Delinquency.

"Whereas Symon Degge, of Callowhill, in the County of Stafford, Gentleman, Richard Nicholls, of Felton Oulvert, in the County of Stafford, Yeoman, and James Carryer, of Helpsome, in the County of Northampton, Yeoman, have by both Houses of Parliament been admitted unto their Fines; (videlicet,) the said Symon Degge to his Fine of Seventy Pounds; the said Niccolls to his Fine of Sixty Pounds; and the said James Carryer to his Fine of Sixty Pounds; for that they adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Symon Degge, Richard Niccolls, and James Carryer, in such Form as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of their Lands, Goods, and Chattels, and other Estate for which the said Fines were accepted, according to the Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits; (videlicet,) to the said Symon Degge, from the 17th Day of April, 1646; to the said Richard Niccolls, from the 10th Day of December, 1645; and to the said James Carryer, from the 10th of March, 1645; with an Exception of the Right or Estates of the said Symon Degge, Richard Niccolls, and James Carryer, or any of them, in or to all Advowsons, Presentations, and Right of Patronage, 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 thereupon to be passed, shall not extend to free the said Symon Degge, Richard Niccolls, and James Carryer, from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particulars aforesaid; and that, in case the said Lands mentioned in the said Particulars were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Symon Degge, Richard Niccolls, and James Carryer, shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Ordinance to continue the One for the Pay of the Forces of Gloucester, Monmouth, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance for the Pay of the Forces of the Counties of Gloucester, Monmouth, Glamorgan, Brecon, and Radnor, be continued upon those Counties for One Month longer, from the Expiration of the last Ordinance, which had Continuance for Nine Months longer from the Date thereof; and that the Forces of Gloucestersheir and Monmouthsheir before Ragland be only paid out of the said Counties."

Order for 20 l. apiece to Two Messengers from Worcester.

"Ordered, by the Lords and Commons assembled in Parliament, That Twenty Pounds apiece shall be bestowed upon Wm. Wigfall and Richard Cadwell, the Two Messengers that brought the News of the Rendition of Worcester; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdash'rs Hall do pay the said Twenty Pounds apiece to the said William Wigfall and Richard Cadwell accordingly."

Report of the Committee of Sequestrations, upon the Demands of Mr. Umphrevill against Lady Brooke.

"At the Committee of Lords and Commons for Sequestrations.

"In the Case of Mr. Umphravile, touching a Recognizance of One Thousand Pounds, acknowledged by Sir John Brooke, of Hackington, in the County of Lincolne, bearing Date 28 November, 1641, for the Payment of Five Hundred Pounds, at a Day then to come, and since past, and the Recognizance forfeited; which Recognizance is now endeavoured to be extended upon the Lands of Sir William Brooke, of Kent, deceased, who was only Tenant for Life of the said Lands, with the Remainder to the said Sir John Brooke after the Death of the said Sir William Brooke without Issue Male, who is since dead, in the Parliament's Service, without Issue Male; and the Lands of the said Sir Wm. Brooke, which were to come to the said Sir John Brooke after his Decease, were (by Ordinance of both Houses of Parliament) sequestered into the Hands of certain Persons, for the Use and Maintenance of the said Lady and her Children: Now, upon Hearing and Debate of the Matter, and Perusal of the said Ordinance, this Committee is of Opinion, That the Recognizance ought to be allowed; and that the said Mr. Umphravile (being also a Person who hath deserved well of the Parliament) ought to have his just Debt and Damages due to him upon the said Recognizance paid; or else that he be permitted to take the Benefit of his said Recognizance, according to Law, upon the said Lands so come to the said Sir John Brooke: Nevertheless that, in respect of the said Ordinance for the said Lady and her said Children, and for that the Lands may be subject to other Incumbrances of the like Nature, which may deprive the said Lady and her Children of the Benefit intended to her by the said Ordinance, it is thought fit and Ordered, That it be reported to both Houses of Parliament, to know their Pleasure therein; and to move them, That the said Lady may (in Lieu of the said Mr. Umphravile's Debt and Damages, and such other Charges as shall be justly lyable upon the said Lands) have Recompence out of other Sequestrations, or by some other Way, as the said Houses shall please to appoint."

"Vera Copia, ex. per me,

"Richard Vaughan."

Lord Lieutenant of Ireland to give Commissions to Officers to raise Forces for Ireland.

"Ordered, by the Lords and Commons in Parliament assembled, That the Lord Lieutenant of Ireland be hereby authorized to give Commissions to Colonel Chudleigh Coote and Colonel Lydcott, who have raised in this Kingdom and in Wales Two Regiments of Horse, consisting each Regiment of Five Hundred Horse; and to Colonel Grey, who hath raised in like Manner a Regiment of a Thousand Foot; and in case they shall need to recruit any of the Troops or Companies aforesaid, that then they shall recruit them out of such Men as have been in the actual Service of the Parliament; and are or shall, before such Recruiting, be disbanded: And the said Colonels shall hereby have Power to transport these Horse and Foot into Ireland, for subduing the Rebels there; the which Regiments are already contracted for by the Committee for the Affairs of Ireland, and the Dispatch of them doth very much concern the Service and Safety of that Kingdom: And that further Power be hereby given to the Lord Lieutenant of Ireland, to raise a Regiment of Foot for himself, as Colonel, out of the disbanded Men of Chichester, Henly, Weymouth, and some other Places in this Kingdom, to be transported likewise for the Service of Ireland."

Adjourn.

House adjourned till Thursday Morning next, 10^a.