House of Lords Journal Volume 8: 25 August 1646

DIE Martis, 25 die Augusti.

PRAYERS, by Dr. Smith.

E. of Manchester, Speaker pro Tempore.

L. Wharton excused.

Lord Wharton excused for Three or Four Days.

Sir A. Culpepper's Ordinance.

An Ordinance for taking of the Sequestration off the Estate of Sir Alexander Culpepper, was read, and Agreed to. (Here enter it.)

Ly. Hopton's Petition, for an Allowance out of her late Husband's Estate.

The Petition of Sir Ralph Hopton's Lady, was read; desiring "that she may have Allowance out of her former Husband's Estate."

Ordered, To be recommended to the House of Commons, that she may have a competent Allowance out of her former Husband's Estate; and their Concurrence to be desired.

Sir W. Walter's Ordinance.

An Ordinance was read, for taking off the Sequestration of Sir William Walter's Estate, and Agreed to.

(Here enter it.)

Dove's D°.

An Ordinance for the taking off the Sequestration of Thomas Dove's Estate, was read. (Here enter it.)

Agreed to.

Goodrick's D°

An Ordinance for taking off the Sequestration of Sir John Gooderick's Estate, was read. (Here enter it.)

Agreed to.

Harvey's D°.

An Ordinance for taking off the Sequestration of the Estate of John Harvey, was read. (Here enter it.)

Agreed to.

Brown, Cler. Parl. Leave to be absent.

Ordered, That John Browne Esquire, Clerk of the Parliaments, is hereby excused for his Attendance upon this House for some certain Time.

Petition from Lancashire.

The Petition of the Inhabitants of Lancasheir, was read. (Here enter the Petition.)

It was put to the Question, "Whether Thanks shall be given to the Gentlemen that exhibited the said Petition?"

And Resolved in the Affirmative.

Thanks to the Petitioners.

And the Earl of Manchester and the Lord Roberts were appointed by the House to draw up Thanks; which was accordingly done by them, and read in the House, and Agreed to.

(Here enter the Paper of Thanks.)

Durham's Ordinance to be Minister of Burfield.

An Ordinance was read, That Mr. Durbam be Minister of Burfeild, in Com. Berks, 1^a vice lecta.

Greenhill's for Cuckfield.

An Ordinance was read, That Mr. Samuell Greenhill may be Vicar of Cuckfeild; and Agreed to, and Ordered to be sent to the House of Commons, for their Concurrence.

F. of Northumb. desires Leave to move the King's Children to Syon House.

The Earl of Northumberland acquainted the House, "That, in regard of the Danger of the Time, by reason of Sickness, &c. he resolved to remove the King's Children to some of the King's Houses; but, being unfurnished, he desires to have them to Syon, if the Parliament like of it."

Whereupon Way was given to that Purpose; and the House of Commons to be acquainted herewith.

Sir Edward Leech and Mr. Doctor Heath were sent to the House of Commons, to acquaint them therewith accordingly.

Sharples to have Possession of the Living of Ackton, on L. Dacre's Presentation, notwithstanding Halton's Institution.

The Petition of Francis Lord Dacres, touching the Institution of James Halton Clerk, to the Rectory of Aketon, was read.

Upon the Petition of the Lord Dacres, read this Day in the House; shewing, "That the Petitioner hath presented Richard Sharpeles, Clerk, to the Parish Church of Ackton, in Cumberland; and that Doctor Aylett hath granted Institution to another, prejudicial to the Petitioner's Title."

It is Ordered, by the Lords in Parliament, That the said Richard Sharples shall continue his Possession, notwithstanding the said Institution, any Order of this House to the contrary notwithstanding; and that the said Parties concerned are hereby left to their ordinary Course in Law, as though no Order of this House had been made touching the same.

Lancashire Petition, to settle the Presbyterian Church Government, and suppress schisms, &c.-to continue the Union between the Two Kingdoms;-to prevent Differences between the Houses and the City;-to procure a Peace; and to send Supplies to Ireland.

"To the Right Honourable the House of Peers, and to the Honourable the House of Commons, assembled in the High Court of Parliament.

"The humble Petition of many Thousands of the well-affected Gentlemen, Ministers, Freeholders, and other Inhabitants, of the County Palatine of Lancaster;

"Sheweth,

"That we thankfully acknowledge the unwearied Labours and Endeavours for the Public Good, in these hazardous and distracted Times, and desire with you to magnify the Lord of Hosts, who hath crowned the Councils and Armies with such glorious Successes, by which, through the wonderful Goodness of God, in our Hopes, we were almost come to a Period of this unnatural War, which hath well nigh ruined many Families, Towns, and Counties, that lay under the doleful Miseries of it, and to the obtaining of an happy Peace, and of that which ourselves most long for, a thorough Reformation of Religion, according to our solemn Covenant, by which we conceive ourselves indispensably bound, in the literal Sense thereof: Yet, to our unexpressible Grief, we find that, through the not-settling of Church Government, Schism, Error, Heresy, Prophaneness, and Blasphemy woefully spread, separate Congregations are erected and multiplied, Sectaries grow insolent, considently expecting a Toleration, through the Misconstruction of the late Declaration (as we believe), and through the Encouragement of some in eminent Place, to the great Astonishment of the orthodox Nobility, Gentry, Ministry, and others well-affected, of both Kingdoms; that Endeavours are used to break the happy Correspondency between these Honourable Houses and the Renowned City of London, whose known and acknowledged Expence of Blood and Treasure, for the Defence of the Parliament in its lowest Condition, will not, we hope, in this Time of your Successes be forgotten.

"That the Reverend and Learned Assembly of Divines of both Kingdoms doth receive great Discouragements in their great Pains, pious Endeavours, and faithful Advices; that some Incendiaries, in direct Opposition to our solemn League and Covenant, and other deep Engagements with our dear Brethren of Scotland (whose imbarking with us in the same Cause and War, in Depth of Winter, when our Enemies were most proud and potent, and whose Councils and Armies have been so seasonably helpful to our distressed County and this distracted Kingdom) do seek Occasions to foment Jealousies and heighten Differences, that they might imbroil the Kingdoms in a Second and more deadly destructive War than the former; that, though the Kingdom be almost cleared of the common Enemy, yet considerable Forces have not been sent to the Relief of bleeding Ireland, to the great Discouragement of the Protestant Party there.

"For the Remedy of which dangerous and growing Evils, threatening the Ruin of Church and State (the Safety whereof you are intrusted with by God and the Kingdom); we humbly beseech these Honourable Houses,

"That you would lay hold on the First Opportunity of procuring a safe and well-grounded Peace in the Three Kingdoms.

"That that Discipline and Government which is most agreeable to the Word of God, and the Example of the best Reformed Churches, according to the Advice of the Assembly of Divines of both Kingdoms, may with all possible Speed be perfected and confirmed by your Civil Action.

"That some strict and speedy Course may be taken, for the suppressing of all separate Congregations of Anabaptists, Brownists, Heretics, Schismatics, Blasphemers, and other Sectaries, which do or shall refuse to submit to the said Discipline and Government.

"That such Refusers, and Members of such separate Congregations, may be removed and kept out of all Places of Public Trust; that, according to the Covenant and Treaties, Means of Union (not of Division) of the Two Nations may be studied and promoted.

"That the City of London (in their Adherence to the Covenant) may not receive the least Discouragement, much less any Mark of Displeasure, from these Honourable Houses.

"That the Endeavours and Advice of the Assembly of Divines may be duly encouraged and accepted.

"That the Orthodox Presbyterian Noblemen, Gentlemen, Ministers, and others well-afected (whose Prayers, Endeavours, and Examples, were from the first a special Means of engaging God and the Kingdom to you) may not now be neglected or disappointed of the Hopes raised in them by the Covenant, and your former Remonstrances and Declarations.

"That speedy and seasonable Supplies may be sent into the Kingdom of Ireland, before it be utterly lost.

"Lastly, That it would please these Honourable Houses, in your Wisdoms and Justice, not to interpret the humble Boldness of your Petitioners to be a Cleaving to any Party, or in the least Kind a Reflecting upon any of your Privileges; but only to proceed from our sad and sincere Hearts, out of the deep Sense and Apprehension of our Fears and Dangers, and in Pursuance of our Covenant, according to which we have been, and ever shall be, ready to spend and be spent for you.

"All which we humbly submit to the Wisdom of these Honourable Houses.

"And shall ever pray, &c."

Answer to the Petition.

"The Lords take well the Petition of those of the County of Lancaster, wherein they do express their Zeal to the Settling of the Reformation of Religion according to the Covenant; and for their Desire of Suppression of Schism, Heresy, Prophaneness and Blasphemy, and for their expressing of their Desires for continuing of the Union and good Correspondency betwixt these Kingdoms of England and Scotland; all which the Lords hold themselves equally obliged by their solemn League and Covenant: And for your declaring of your good Affections to the Parliament and the Public Good of these Kingdoms, they have commanded me to give you Thanks; and to let you know, that, as to the Particulars of your Petition, they will take them into their due Consideration."

Ordinance to clear the Estate of the late Sir A. Culpepper from Sequestration on Account of his Delinquency.

"Whereas Sir Alexander Culpepper, late of Greenway Court, in the County of Kent, Knight, deceased, was in his Life-time sequestered, for adhering to the Forces raised against the Parliament; and that, since the Decease of the said Sir Alexander Culpepper, Robert Hope, of Hollingborne, in the said County, Gentleman, being One of the Executors of the last Will and Testament of the said Sir Alexander Culpepper, in the Behalf of himself and the Co-executors, hath by both Houses of Parliament been admitted to free the Estate whereof the said Sir Alexander Culpepper died seised, out of Sequestration, by the Payment of a Fine of Six Hundred and Forty Pounds, to the Use of the State, by Way of Composition for the Delinquency of the said Sir Alexander Culpepper: The Lords and Commons assembled in Parliament do Ordain, and it is hereby Ordered, and Ordained, That all such Estate, (videlicet,) the Lands, Goods, and Chattels, and other Estate, late of the said Sir Alexander, for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, together with all Mean Profits thereof, from the 14th Day of March, 1645, shall be restored and paid, and remain in the Possession of the said Robert Hope and Francis Kennard, as Co-executors of the last Will and Testament of the said Sir Alexander Culpepper, with an Exception of any Right or Estate which the said Sir Alexander in his Life-time had in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel: Provided always, That this Ordinance shall not extend to free the said Executors 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 Robert Hope and Francis Kennard shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Sir Wm. Walter of his Delinquency.

"Whereas Sir Wm. Walter, of Sarsden, in the County of Oxon, Baronet, hath by both Houses of Parliament been admitted to his Fine of Fourteen Hundred and Thirty Pounds, he having adhered unto the Forces raised against the Parliament: The Lords and Commons in Parliament assembled do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Wm. Walter, 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 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, from the 11th Day of August, 1646, with an Exception of the Right or Estate of the said Sir Wm. Walter, 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 Sir William Walter 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 Sir William Walter shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Dove of his Delinquency.

"Whereas Thomas Dove, of Upton, in the County of Northampton, Esquire, hath by both Houses of Parliament been admitted to his Fine of Nine Hundred and Thirty Pounds, he having adhered unto the Forces raised against the Parliament: The Lords and Commons in Parliament assembled do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Thomas Dove, for his said Offence, in such Form as shall be agreed 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, from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Thomas Dove 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 Thomas Dove 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Thomas Dove shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Sir John Gooderick of his Delinquency, and for the Minister of Hunsingor to have 40 l. per An. out of his Estate.

"Whereas Sir John Gooderick, of Hunsingor, in the County of Yorke, Knight and Baronet, hath by both Houses of Parliament been admitted to his Fine of Twelve 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 Sir John Gooderick, 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 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 thereof, from the 21th Day of March, 1645, with an Exception of the Right or Estate of the said Sir John Gooderick 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 Sir John Gooderick 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 Sir John Gooderick shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint: And it is further Ordered and Ordained, by the said Lords and Commons, with the Consent of the said Sir John Gooderick, as Part of his Composition, That Forty Pounds per Annum shall be from henceforth issuing and paid, for ever, out of his Impropriate Parsonage and Rectory of Hunsingor, in the County of Yorke, for and towards the Maintenance of a learned preaching Minister in the said Church or Chapel of Hunsingor, to be Yearly paid unto the said Minister and his Successors for ever upon the Second Day of February, and the First Day of August, by equal Portions."

Ordinance to clear Harvey of his Delinquency.

"Whereas John Harvey, of Chard, in the County of Som'sett, Merchant, hath by both Houses of Parliament been admitted to his Fine of an Hundred and Seventy Pounds, he having adhered to 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 Harvey, 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 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, from the Sixth Day of January, 1645, with an Exception of the Right or Estate of the said John Harvey 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 Harvey 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 John Harvey shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Adjourn.

Adjourn, 10^a Friday next.