House of Lords Journal Volume 8: 18 August 1646

DIE Martis, 18 die Augusti

PRAYERS, by Mr Tunsden

Comes Manchester, Speaker

E of Berks, Leave to come to England

The Petition of the Countess of Berks, in Behalf of her Husband the Earl of Berks, shewing, "That he, being in Holland, desires he may have Leave to come into England, and have Liberty to compound"

It is Ordered, That he hath Leave to come over into England within Two Months

Message from the H C with Ordinances

A Message was brought from the House of Commons, by Mr Gyles Greene, &c, who brought up several Ordinances, wherein they desire their Lordships Concurrence

1 An Ordinance for further Explanation of an Ordinance for paying Four Thousand Pounds to the Scotts Officers (Here enter it)

Read, and Agreed to

2 An Ordinance for re-paying Two Thousand Pounds, out of the Excise, for Powder (Here enter it)

Read, and Agreed to

The Answer was

Answer

That this House agrees to the Ordinance concerning the Scotts Officers, and the Ordinance concerning Powder To all the rest, their Lordships will send an Answer by Messengers of their own

Col Kekewich to be Governor of St Mawes

Upon reading the Petition of Lieutenant Colonel George Kekewich, shewing, "That he hath been in the Service of the State, in Plymouth, Cornwall, and Devonshire, ever since the Beginning of these Troubles, and being reduced, he is out of any Employment Therefore desireth some Place, whereby he may do the State further Service"

It is Ordered, That this House thinks it fit the Petitioner be made Governor of St Mawes Castle, in Cornwall, and that the Concurrence of the House of Commons be desired herein

Howards Ordinance

The Ordinance for discharging Mr Charles Howard's Estate from Sequestration, was read, and committed to the Consideration of the Earl of Northumb Lord North, Lord Robertes, and Lord Willoughby; and report the same to this House.

Any Two, to meet when they please.

Church and Commonwealth Business.

Ordered, That the Business concerning the Church and Commonwealth shall be taken into Consideration To-morrow Morning; and that the Ordinances which establish the Committees at Gouldsmith Hall, Haberdashers Hall, and the Committee for the Revenue, be perused; and all the Lords to have Notice to be present To-morrow.

Nevill's Ordinance.

The Ordinance for taking off the Sequestration of Mr. Nevill's Estate, was read, and Agreed to.

(Here enter it.)

L. Lovelace, a Pass.

Ordered, That the Lord Lovelace shall have a Pass, to go into any of the Parliament's Quarters, about his Occasions.

Jackman, L. Campden's Servant, arrested. Avery and Kidd sent for.

Upon Complaint made to this House, "That Joseph Jackman, a menial Servant of the Lord Viscount Campden, being arrested," shall be released from the said Arrest; and that John Avery who arrested him, and Will. Kid at whose Suit he was arrested and spoke unbesitting Words, shall be sent for as Delinquents.

Barlow's Ordinance.

The Ordinance for taking off the Sequestration of Mr. Barlowe's Estate, was read, and Agreed to.

(Here enter it.)

Carrall's.

The Ordinance for taking off the Sequestration of Mr. John Carrall's Estate, was read, and Agreed to.

(Here enter it.)

Sackvile's.

The (fn. 1) Ordinance for taking off the Sequestration of Mr. Sackvill's Estate, was read, and Agreed to.

(Here enter it.)

Rookes & Uxor.

Upon hearing Counsel on both Sides, in the Cause between Jane Rookes against John Rookes her Husband:

It is Ordered, That the Cause is hereby dismissed this House.

Dutton's Cause.

Ordered, That Mrs. Dutton's Cause shall be heard on Friday next come Sevennight.

E. of Dover to take the Covenant.

Ordered, That the Earl of Sarum, Earl of Kent, Lord Willoughby, Lord Robertes, and the Lord North, or any Two of them, shall administer the Covenant to the Earl of Dover.

Ordinance to explain the One for paying 1000 l. to Scot. Officers.

"For the better Understanding and Explanation of an Ordinance of both Houses of Parliament, dated the Tenth of July last, whereby Four Thousand Pounds is assigned for Payment of the Arrears due unto divers Scotts Officers, out of the Receipts of the Grand Excise: Be it Ordained, by the Lords and Commons assembled in Parliament, That Mr. William Pennoyer and Mr. Richard Hill, thereby appointed to receive the said Four Thousand Pounds, and Interest from Time to Time payable, and to make Payment thereof to the Advancers or Lenders of the said Four Thousand Pounds, shall be discharged of the said Trust; and that it shall be lawful for any or all of the said Officers, or their Executors, Administrators, Attornies, or Assigns, to assign and set over, or dispose of, their several Proportions, according as the same shall be appointed or apportioned, in Pursuance of an Ordinance of the 28th of March last; which Assignation shall be a sufficient Warrant, together with an Apportionment of each Man's Proportion, unto the Commissioners of the Excise for the Time being, to make Payment of every Man's Proportion, together with Interest, at the End of every Six Months, after the Rate of Eight Pounds per Centum, until the whole, with the remaining Interest, be discharged, according to the true Intent and Meaning of the said Ordinance of the Tenth of July last, which, notwithstanding this Explanation, is still to retain its due Course, according to the Date thereof."

Ordinance for the Commissioners of Excise to re-pay themselves 2000 l. advanced for Powder, &c.

"Whereas, by Ordinance of the 13th of August, 1645, Four Thousand Pounds were ordained to be paid in Course, out of the Receipts of the Excise, for the providing and supplying the Public Stores with Powder, &c. in Lieu of several Quanties thereof thence issued out; and whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Two Thousand Pounds, in Part of the Four Thousand Pounds, for the Use and Purpose aforesaid: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall be satisfied and reimbursed, the said Two Thousand Pounds, together with Interest for the same after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of the Receipts of the Grand Excise, in such Order and Course as the said Ordinance of the 13th of August shall succeed and take Place; and that the said Commissioners of Excise do pay the said Two Thousand Pounds, by them advanced as aforesaid, unto such Person or Persons as the said Committee of Powder, Match, and Bullet, shall by their Order appoint, whose Receipt or Receipts shall be their and every of their sufficient Warrant and Discharge in that Behalf."

Ordinances to clear Nevills alias Smiths of their Delinquency.

"Whereas the Estates of Henry Nevill, alias Smith, of Cresen Temple, and of William Nevill, alias Smith, his Son and Heir Apparent, in the County of Essex, Esquires, have been sequestered; the said Henry for his Offences, and the said William for bearing Arms, against the Parliament; for which said Offences, the Fine of Six Thousand Pounds hath been set and accepted: The Lords and Commons assembled in Parliament, in Consideration thereof, do hereby authorize and require His Majesty's Solicitor General to prepare a Bill, containing a Pardon unto the said Henry Nevill and William his Son, for all Treasons and Offences whatsoever, committed by them, or either of them, in relation to the War, together with a Grant and Restitution of his and their Lands and Tenements, Goods and Chattels, and other Estate, and of all Mean Profits thereof, from the Three and Twentieth Day of March last; which said Bill, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby required and authorized to pass under the said Great Seal accordingly; for which, this Ordinance, or the Duplicate thereof, shall be sufficient Warrant."

Ordinance to clear Mr. Barlow of his Delinquency.

"Whereas Henry Barlowe, of Chichester, in the County of Sussex, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred and Twenty Pounds, 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 Henry Barlowe, for his said Offence, in such Form as is agreed on 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, to the said Henry Barlowe from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Henry Barlowe in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby 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 Henry Barlowe from any 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Henry Barlowe shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Caryll of his Delinquency.

"Whereas John Caryll, of Harting, in the County of Sussex, Esquire, hath by both Houses of Parliament been admitted to his Fine of Two Thousand Seven Hundred Ninety-five Pounds, he having adhered unto 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 John Caryll, 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 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 thereof, from the 23th of March, 1645, with an Exception of the Right or Estate of the said John Caryll in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for 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 Carill 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 Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Caryll shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Sackvile of his Delinquency.

"Whereas Thomas Sackvile, of Seddlescomb, in the County of Sussex, Esquire, hath by both Houses of Parliament been admitted unto his Fine of Four Hundred 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 Thomas Sackvile for his said Offence, in such Form as shall be agreed by both Houses for the like Offenders, together with a Grant 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, from the Day of the Payment of his said Fine, with an Exception of the Right or Estate of the said Thomas Sackvile in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby authorized and required 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 Sackvile (fn. 2) 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Thomas Sackvile shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Philips to be instituted to Carleton in Linrick.

"It is this Day Ordered, by the Lords in Parliament assembled, That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto John Phillipps Clerk, to the Rectory of Carleton in Linrick, in the Diocese of Yorke; the said Mr. Phillips producing his Presentation thereunto under the Great Seal of England: And this to be a sufficient Authority in that Behalf."

Owen to be instituted to Coggeshall.

"It is this Day Ordered, by the Lords in Parliament assembled, That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. Owen Clerk, to the Vicarage of Cogesball, in the County of Essex, and Diocese of London, void by the Resignation of Obediab Sedgwick late Vicar there; the said Mr. Owen producing his Presentation thereunto under the Hand and Seal of the Right Honourable Robert Earl of Warwick and others: And this to be a sufficient Authority in that Behalf."

Adjourn.

House adjourned till 10^a cras.