House of Lords Journal Volume 8: 16 September 1646

DIE Mercurii, 16 Septembris.

E. of Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Doctor Aylett return Answer from the House of Commons:

1. That the House of Commons have adjourned their House, in regard of the Earl of Essex's Death, as the Lords have done.

2. And that they have taken into Consideration that some Maintenance may be made to the Duke of Yorke.

Countess of Kent to be free from Billeting.

Ordered, That the Earl of Kent's Mother may have the Benefit of the general Order to free the Peers from billeting of Soldiers.

E. of Mulgrave's Proxy.

A Letter of the Earl of Mulgrave's, signifying, That he hath given his Proxy to the Earl of Warwicke."

The Proxy was read accordingly; and Ordered to be entered upon the Record, and filed according to Course.

E. of Northumb. L. Lt of York.

Ordered, That the Earl of Northumberland shall be Lord Lieutenant of the County of Yorke.

Message to the H. C. about it.

Ordered, That Mr. Doctor Aylett and Sir Edward Leech do go to the House of Commons for their Concurrence; and that the Manor-house in Yorke may be at the Disposal of the Earl of Northumberland, as Lord Lieutenant of that County.

Sir W. Devereux's Title on the E. of Essex's Death.

Ordered, That the Heralds be enquired of by the Clerk, what Title Sir Walter Devereux is to be stiled with; and whether the Title of the Lord Viscount Hereford do belong unto him, or no, upon the Death of the Earl of Essex; and to certify the same forthwith.

Halford's Ordinance to be Minister of Slymbridge.

An Ordinance, That John Halford be Rector and Parson of Slymbridge.

Read 1, 2d, and 3d Time.

Ordered, To be sent to the House of Commons for Concurrence.

L. Howard of Est. to have the Money arising from the Sale of the E. of Berks' Goods from Ewe Elme.

Ordered, by the Lords in Parliament assembled, That the Committee for the County of Oxon, and all other Persons whatsoever who have received any Monies for any Goods taken out of Ewe Elme House, in the County aforesaid, either of William Ridges or of any other Person, shall forthwith re-pay every such Sum to each Person of whom they, or any of them, have received it; and that the Persons so receiving back their Money shall every of them forthwith deliver all and every such Goods aforesaid as he hath received, to such Person or Persons as shall be authorized thereunto by the Lord Edward Howard; this House being satisfied, upon Proof, that the said Goods are belonging to the said Lord Edward Howard, One of the Members thereof.

Lady Zouch and the Tenants of Woking.

Ordered, That the Cause between the Tenants of Wokinge and the Lady Zouch shall be heard on that Day Two Months that it should have been heard, being the Thirteenth Day of November next.

Irish Protestants Petition.

The Petition of Seventy poor distressed Irish Protestants was read, and Ordered to be sent to the House of Commons.

Message from the H. C. to expedite the Ordinance about the Treasurers at War, &c.

A Message was brought from the House of Commons, by Sir John Danvers and others:

To desire the Lords to pass the Ordinance touching the Treasurers of War; and that they will pass the several Ordinances now brought up.

and with others for Concurrence.

An Ordinance touching the Common Council of Chester.

Read the First and Second Time, and committed to these Lords following; (videlicet,)

Any Three of their Lordships, to meet on Friday next, at Nine of the Clock, in the Prince's Lodgings, and when after they please.

An Ordinance, That Mr. Lloyd be Sheriff of Flintsheir.

Read, and Agreed to.

(Here enter it.)

An Ordinance, That Ten Thousand Pounds, out of the Excise, be paid for maimed Soldiers, and Widows of Soldiers.

Read, and passed with Amendments, and to be sent to the House of Commons for their Concurrence.

Answer.

Answer returned to the Messengers from the House of Commons:

That the Lords have agreed that Mr. Lloyde be Sheriff of Flintsheir; and to all the rest, they will return Answer by Messengers of their own.

Selby versus Platt.

The Petition of Mr. Selby, was read, against Mr. Platt.

Ordered, That the Cause shall be heard on this Day Sevennight.

Hasewell and Hartford.

Ordered, That the Cause between Haswell and Herteford shall be heard To-morrow Fortnight.

Pamphlet, called A Defiance against the Lords, to be burnt by the Hangman.

A scandalous Pamphlet, intituled, "A Defiance against the Lords House, &c." was read; and Ordered, in hæc verba:

"It is this Day Ordered, by the Lords in Parliament assembled, That a scandalous and base Pamphlet, intituled, "A Defiance against all arbitrary Userpations or Encroachments, either of the House of Lords or any other, upon the Soveraignty of the Supreame House of Commons (the High Court of Judicature of the Land), or upon the Rights, Propertyes, and Freedomes of the People in generall, &c." shall be publicly burnt, by the Hand of the Common Hangman, in Cheapside, against The Ould Exchange, and at Westm'r Hall Door, on the 18th of this Instant September, at Twelve of the Clock of the same Day; and that the Lord Mayor of the City of London and the Sheriffs of the same City do take Care that this be performed accordingly; and hereafter none of the said Pamphlets be printed or published, as the contrary will be answered to this House."

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

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett:

1. Ordinance for Ten Thousand Pounds, for Relief of Widows, Waggoners, and necessitous Persons, with Amendments; and desire their Concurrence.

2. Ordinance concerning Paule's, for their Concurrence.

3. A Pass for Six Horses into France, for D. Harambux; to desire their Concurrence.

4. Petition of Seventy poor distressed Irish Protestants.

Col. Lylburn's Wife, Leave to visit him.

Ordered, That the Lieutenant of The Tower of London, his Deputy, and all others employed under him, shall permit and suffer the Wife of Lieutenant Colonel John Lilbourne to come to him, and reside with him, when and as often as he shall desire; any former Order of this House notwithstanding.

Massingberd, a Pass to France.

Ordered, That a Pass be granted to Henry Massingberd, and Nathaniell Foster his Servant, with Twenty Pounds in Gold, and Two Horses, into France, Customfree.

Ordinance, &c. for Concurrence.

An Ordinance for continuing William Durham in the Rectory of Burfeild.

Read, and Agreed to.

(Here enter it.)

Ordered, That Fifty Pounds be given to Mr. Pitson, for bringing News of the surrendering Wallingford.

(Here enter it.)

Agreed to.

Order for Fifty Pounds to be given to Quarter-master General Gravener, for bringing the News of the Rendition of Ragland Castle. (Here enter it.)

Agreed to.

Ordered, That One Hundred Pounds be given to Major Blackmore. (Here enter it.)

Agreed to.

Ordinance for taking off the Sequestration of John Myllard's Estate. (Here enter it.)

Agreed to.

Ordinance to continue the Treasurers at War, &c.

Ordered, That the Ordinance concerning the Treasurers at Wars shall be the First Thing To-morrow.

Ordinance for Lloyd to be Sheriff of Flintshire.

"The Lords and Commons assembled in Parliament do nominate and approve of Luke Lloyd Esquire, to be Sheriff of the County of Flint; and that the Commissioners for the Great Seal of England for the Time being do issue a Commission to him, to be High Sheriff of the said County, accordingly.

Ordinance for Durham to be Minister of Burfield.

"Whereas the Rectory of the Parish Church of Burfeild, in the County of Berks, about Two Years since became void, by the Death of Walter Clerke, late Incumbent there, the Patronage of which Church did belong unto John Earl of Shrewsbury, a Popish Recusant, although not appearing to be convicted, and a Delinquent against the Parliament, whose Estate was sequestered, and so still remains; and whereas, by Order of the Committee for the said County of Berks, dated 6 Augusti, 1644, William Durham Master in Arts, a godly and orthodox Divine, approved, as well by several Divines of the said County of Berks according to the Tenor of the said Ordinance of Parliament in that Behalf made, as by the Divines of the Assembly, was settled in the said Church, to officiate there, and to receive the Profits thereof; notwithstanding which, the said Earl hath sithence presented one Mathew Griffith Doctor in Divinity (formerly sequestered by the Parliament for his Delinquency) unto the said Church, which Presentation, and all Proceedings thereupon had, are, and are hereby declared to be, null and void: Now, to the Intent that the said William Durham may be fully settled and confirmed in the said Church and Premises, the Lords and Commons now assembled in Parliament do Ordain, and be it Ordained and Declared, by the Authority aforesaid, That the said William Durham shall be and continue Rector and lawful Incumbent of the said Rectory and Church of Burfeild, and shall officiate there; and shall and may hold and enjoy the said Rectory, Glebe Lands, Tithes, and other Profits, Advantages, and Appurtenances whatsoever, unto the said Rectory belonging, as fully and amply as the said Walter Clarke, or any other Incumbent of the said Church, had or held, or ought to have held and enjoyed the same; and shall pay all such Tenths, First Fruits, and other Duties, as are or ought to be payable by the Incumbent of the said Rectory for or in respect of the same: And it is further Ordained by the Authority aforesaid, That no Advantage of Law shall, in this Case of Delinquency in the Patron, and disabled him thereby to present, be taken by the Ordinary, to the Prejudice or Disturbance of this Provision made for the said Church: Saving to all and every Person and Persons, other than the said Earl and the said Doctor Griffith, or any other claiming of, by, or from the said Earl, all such lawful Right, Title, and Estate, as they, or any of them, had, or ought to have or claim, at the Time of the making this Ordinance."

Order for 50l. to Pitson from Wallingford.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be bestowed upon Mr. Pitson, Deputy to the Scout-master General, for his Pains in bringing the good News of the Taking-in of Wallingford Castle; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdash'rs Hall do pay unto him the said Fifty Pounds accordingly."

Order for 50l. to Gravener, from Ragland.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be bestowed upon Quarter-master General Gravener, for his Pains in bringing the good News of the Rendition of Ragland Castle; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdash'rs Hall do pay the said Fifty Pounds accordingly."

Order for 100l. to Major Blackmore.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be bestowed upon Major Blackmore; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdash'rs Hall do pay unto the said Major Blackmore, or his Assigns, the said Sum of One Hundred Pounds accordingly."

Ordinance to clear Mr. Milward of his Delinquency.

"Whereas John Milward, of Suetherton, in the County of Darby, Esquire, hath by both Houses of Parliament been admitted to his Fine of a Thousand 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 John Milward, 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 Third Day of January, 1645, with an Exception of the Right or Estate of the said John Milward 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 Milward 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 Milward shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Adjourn.

Adjourn, 10^a To-morrow.