House of Lords Journal Volume 8: 27 October 1646

DIE Martis, 27 die Octobris.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answers from H. C.

Sir Edward Leech and Mr. Page return with this Answer:

That they agree to the Order concerning Captain Swanley: To all the rest, they will send an Answer by Messengers of their own.

Dr. Aylett and Dr. Heath return with this Answer from the House of Commons to the Message sent Yesterday:

(fn. 1) That they will send an Answer by Messengers of their own.

Sibsey and Kingerby.

Upon reading the Petition of George Sibsey Grasier: It is Ordered, That Tho. Kingerby shall have a Copy of the said Petition, and return his Answer into this House by this Day Sevennight; and if Cause be not shewn to the contrary, then the Business shall be dismissed to the ordinary Course in Law.

Ald. Fowkes and the E. I. Co.

Ordered, That the Cause between Alderman Foukes and the India Company shall be heard the 10th of December next.

Hawes' Cause.

Ordered, The Cause between Hawes and Hawes shall be heard the Eighth of December next.

Col. Washborne freed from an Arrest.

Upon reading the Petition of Colonel Heriott Washbourne; shewing, "That he hath been in the Service of the Parliament, and so is still, there being much Monies due unto (fn. 2) him from the State for his Arrears; but now he is arrested, by a Latitat out of the King's Bench, at the Suit of George Benson, &c. and brought to The Compter in Wood-streete, London, from whence he is removed to The Fleete: Therefore desires Enlargement, that he may pursue his Trust in the Service of the Parliament."

Hereupon it is Ordered, That the said Colonel Washbourne shall be released from his present Imprisonment, if he be not upon Execution.

L. Hereford to be L. Lieutenant of Monmouth and Heref.

Ordered, That this House thinks it fit, that the Lord Viscount Hereford be nominated and appointed to be Lord Lieutenant of the Counties of Hereford and Monmouth, in the room of the Earl of Essex deceased; and the Concurrence of the House of Commons to be desired herein.

Confession of Faith.

Ordered, That the Confession of Faith, brought from the Assembly of Divines, shall be read on Thursday Morning next.

L. Falconbridge, a Pass.

Ordered, That the Lord Falconbridge shall have a Pass, to come into England, out of France, with his Company.

Willis to be instituted to Twickenham.

Ordered, That Dr. Aylett shall give Institution and Induction to Thomas Willis Clerk, to the Vicarage of Twickenham, in the County of Midd. being presented thereunto by both Houses of Parliament: And this with a Salvo Jure cujuscunque.

Paper from the Committee of both Kingdoms, that Sir J. Bridges' Sequestration may be taken off; and Howorth, Booth, Alderne, and Rodd's, on account of Service done in Hereford by Major Howorth and Capt. Aldern.

The Earl of Warwicke reported a Paper from the Committee of both Kingdoms; which was read, videlicet,

"Die Lunæ, 26 Octobris, 1646.

"At the Committee of both Kingdoms, at Derby House.

"Ordered, That it be reported to both Houses, That, the 11th of November last, upon a Proposition made by Sir John Bridges to this Committee concerning the reducing of Hereford, Power was given to him the said Sir John Bridges, to treat with such Persons as he should think fit for that Purpose, and to promise a Sum of Money, not exceeding Three Thousand Pounds: That, the 5th of December following, Order was given to Colonel Birch, to march with some Forces to attend that Service, and Letters also written to Colonel Morgan and Sir John Bridges, to give them Notice thereof, wherein there was (fn. 3) again Power given to them, to promise a Sum of Money to such as should be instrumental in that Work, not exceeding, as before, Three Thousand Pounds. The Work being effected, upon Report thereof made to the House of Commons, Three Thousand Pounds was ordered for that Service, which was paid, as was appointed, under the Hands of Sir John Bridges, Colonel Birch, and Colonel Morgan: That, in May following, Colonel Birch signified to this Committee, that there was a Promise made, by himself, Sir John Bridges, and Colonel Morgan, unto Major Howorth and Captain Daniell Alderne, Two Persons that they were to make Use of in that Service, that, if the Work succeeded, they should have each of them (besides the Money they were to receive) Two of their nearest Allies, such as they should name, freed from Delinquency and Sequestration; and in June following, Colonel Birch and Colonel Morgan sent to this Committee the original Papers containing that Promise.

"That the said Major Howorth and Daniell Alderne have now desired that Rowland Howorth, Charles Booth, Doctor Edward Alderne, and James Rodde Senior, should be freed from Delinquency, according to that Agreement.

"That the Committee for Sequestrations in Herefordshire, (fn. 4) notwithstanding that good Service of Sir John Bridges, who was the First Instrument that appeared in the County for the reducing thereof, have sequestered his Estate, for something done when the County was under the Power of the King; and he being now engaged in the Service for Ireland, to desire the Houses that his Sequestration may be taken off.

"And for that it appears there was such a Promise made as abovesaid to the said Major Howorth and Captain Alderne, by those that were intrusted with the managing of that Business, to offer it to the House to do therein as they shall think fit.

"Ex'r. Gualter Frost, Secretary."

Ordered.

Ordered, That this House thinks it fit that the Sequestrations be taken off the Estates of the Persons mentioned in this Report, according to the Agreement; and the Concurrence of the House of Commons to be desired herein.

Another Paper from them, about L. Lisle going L. Lieut. to Ireland, and for his Instructions to be prepared.

The Earl of Northumb. reported a Paper from the Committee of both Kingdoms; which was read, as follows:

"Die Mercurii, 21 Octobris, 1646.

"At a Committee of Lords and Commons, at Derby House.

"Ordered, That the Desire of the Lord Lieutenant of Ireland, to go to Dublyn (upon the Surrender thereof), or to any other Part of Ireland, to serve the Parliament there, be reported to both Houses: And it was also his Resolution, to go whensoever there should be any visible Force to go with: That, although the Forces now in Readiness are but small, yet he is willing to go with them.

"And, for that his Commission relates to Instructions, to desire the Houses to give Order for the preparing of them."

His Instructions to be drawn.

Ordered, That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to draw Instructions for the Lord Lieutenant of Ireland, and to report the same to this House.

The Concurrence of the House of Commons to be desired herein.

E. of Pembroke to be L. Lieutenant of Montgom.

Ordered, That this House thinks it fit that the Earl of Pembrooke be nominated and appointed to be Lord Lieutenant of the County of Mountgomery, in the room of the Earl of Essex deceased.

L. Lovelace Privilege in Brown's Suit.

Upon reading the Petition of John Lord Lovelace; shewing, "That he did formerly, about Four Years since, acknowledge a Judgement to Mary Offlye; and the said Mary, being since married to one Peter Browne of London, hath extended his Land, contrary, as he humbly conceiveth, to the Privilege of the Peers, whereby his Lordship is utterly disabled to prosecute his Composition.

"Wherefore he humbly prayeth, that their Lordships would vouchsafe him the Benefit of the Privilege of a Peer, as their Lordships are pleased to afford others of the same Condition; and to give Order, that the Extent be taken off, and the Parties sent for to this House."

It is Ordered, That the Lord Lovelace shall have the Privilege of a Peer, as is desired.

Sir F. Knowles's Ordinance.

The Earl of Warwicke reported, "That the Committee have perused the Ordinance concerning Sir Francis Knowles; and think it fit to pass as it is, without any Alteration."

Whereupon it was read, and Agreed to.

(Here enter it.)

Murell to be Searcher of Dover.

Upon reading the Petition of Hugh Murell; shewing, "That he having been, and now is, in the Service of the State, and being well known for his Affection and Integrity to the same; his humble Suit is, That their Lordships would confer the Searcher's Place of Dover (lately become void by the Death of Mr. Rookes) upon him, who will with all Care and Fidelity discharge the same."

It is Ordered, That an Ordinance be prepared and brought in to this Purpose.

Ordinance to continue the Treasurers at War, &c.

Ordered, That the Earl of Lyncolne, Lord Wharton, and the Lord Willoughby, shall prepare the Alterations in the Ordinance for continuing the Treasurers of the Army against Thursday Morning next; and to limit the Powers for the collecting of such Monies as are in Arrears, but not to raise any Monies by new Levies; and the Ordinance to continue until the 1 Ja. next; and that the Treasurers may be allowed their Salaries.

Message from the H. C. with Orders and Ordinances.

A Message was brought from the House of Commons, by Mr. Ball, &c.

To desire Concurrence in these Particulars:

1. That Mr. Ligon Esquire be Sheriff of the County of Worcestershire. (Here enter it.)

Agreed to.

2. That Rowland Hunt Esquire be Sheriff of the County of Mountgomery. (Here enter it.)

Agreed to.

3. An Ordinance, that Mr. Bysh be Garter Principal King of Arms.

4. An Ordinance for paying out of the Excise Three Thousand Pounds, for the Garrison of Abingdon and Reading. (Here enter it.)

Agreed to.

5. An Ordinance for taking off the Sequestration of John Rous, a Delinquent.

6. An Ordinance for taking off the Sequestration of Thomas Hillersden, a Delinquent.

7. An Ordinance for taking off the Sequestration of Mr. Lowe, a Delinquent.

8. An Ordinance for taking off the Sequestration of Mr. Bentall, a Delinquent.

The Answer returned was:

Answer.

That this House agrees to the Order for Mr. Ligon to be High Sheriff, and to the Order for Mr. Hunt, and to the Ordinance for Three Thousand Pounds for the Garrisons of Abingdon and Reading: To all the rest, their Lordships will send an Answer by Messengers of their own.

Ordered, That Dr. Aylett shall give Institution and Induction to, presented by the Lady Metham; and with a Salvo Jure cujusunque.

Preacher on the 5th of November.

Ordered, That Mr. Obadiah Sedgwicke is appointed to preach before the Lords in Parliament on the 5th Day of November next, in the Abbey Church.

Ordinance concerning Dover and Chatham Garrisons.

The Ordinance concerning Dover and Chatam, was reported, as fit to pass, without any Amendment; and accordingly it was read presently, and Agreed to.

(Here enter it.)

Ordinance for Sir Francis Knollis to have Lands in and near Reading, and a Lease of the Abbey-house.

"It is this Day Ordered and Ordained, by the Lords and Commons in Parliament assembled, That Edward Wilmore and Ralph Reydard Gentlemen, (Trustees for Sir Francis Knollis Knight, a Member of the House of Commons) shall and may have, hold, and enjoy, all those Lands, Closes, Meadows, or Pastures, called or commonly known by the Name or Names of The Frogg Marsh and Hareshott, The Brigham's Mead, and The Vasternes, containing by Estimation Two and Forty Acres, or thereabouts, situate and being in or near Reading, in the County of Berks, and of the Yearly Value of One Hundred Pounds, or thereabouts, together with the Tithes growing or arising in, upon, or out of, the said Meadows and Premises, during all such Term, Estate, and Interest for Years, as Francis Lord Cottington, or any in Trust for him, had, the Fourth of January, 1641, or at any Time sithence, in the same respectively, in as large and ample Manner, to all Intents and Purposes, as the said Lord Cottington had or might have enjoyed the same before his late Delinquency, or as if the Lands and Premises aforesaid had been by him, or his Appointment, before the said Delinquency, actually conveyed over unto, or to the Use of, the said Sir Francis Knollis; any Law, Ordinance, or other Thing, to the contrary hereof notwithstanding: And whereas the said Sir Francis Knollis hath formerly had the Custody and Possession of the Abbey-house at Readinge and other Things thereto lying and belonging, under the Yearly Rents by him payable for the same to the Crown; it is now further Ordered and Ordained, That the said Sir Francis Knollis, his Executors, Administrators, and Assigns, shall and may, for and during the Term of Forty Years now next ensuing, hold and enjoy the said Abbey-house, and Scite thereof, with the Appurtenances, and all Edifices, Stables, and Buildings, built or erected within the Precinct of the said Abbey, and all Yards, Orchards, Gardens, Parcels of Ground, and Appurtenances, for all which (excepting the Stable next the Mill) the Rent of Fourteen Pounds and Four Shillings hath been Annually paid to the King or His Assigns, at and under the same Rent and Rents, during the said Term of Forty Years, as formerly the said Sir Francis Knollis usually paid for the same, with all such Liberties and Advantages as he hath formerly had, concerning the Premises, or any Part thereof, by virtue of any former Grant from the Crown in any Wise; excepting forth of this present Grant all great Trees and Timber Trees, Woods, Underwoods, Mines, Quarries, and Royalties, coming, growing, chancing, or being, in or upon the Premises, or any Part thereof."

Order for Ligon to be Sheriff of Worcester.

"The Lords and Commons in Parliament assembled do nominate and approve of Wm. Lygon Esquire, to be Sheriff of the County of Worcester; and that a Commission be issued under the Great Seal, to him, to be Sheriff of the said County accordingly."

Order for Hunt to be Sheriff of Montgomery.

"The Lords and Commons assembled in Parliament do nominate and approve of Lawland Hunt Esquire, to be Sheriff of the County of Mountgom'y; and that a Commission be issued, under the Great Seal, to him, to be Sheriff of the said County accordingly."

Order for 3000 l. for the Forces of Abingdon and Reading.

"Whereas, by Ordinance of the 11th of June last, Three Thousand Pounds, with Interest, was charged upon the Receipts of the Grand Excise, to be paid in Course, unto the Committee of the Counties of Oxon, Bucks, and Berks, or such other Person or Persons as they, or any Three of them, shall appoint, to be employed for Payment of the Forces belonging to the Garrison of Abingdon and Reading, upon Accompt and Muster; and whereas, by Order of the Committee for the said Counties, bearing Date the 16th of June last past, Mr. John Billingsley, Treasurer and Paymaster of the Garrison of Abingdon, is appointed to receive and disburse the same: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Three Thousand Pounds be paid accordingly, unto the said Mr. Billingsley, his Assignee or Assigns, together with the Interest allowed for the same, after the Rate of Eight Pounds per Centum per Annum, at the End of every Six Months, until the same shall become payable in Course as aforesaid; and the Receipt or Receipts of the said John Billingsly, his Assignee or Assigns, to be the Commissioners of Excise their Discharge in that Behalf.

"And be it further Ordained, That, if the Commissioners of Excise, or any other well-affected Person or Persons, for supplying of the said Forces, shall advance the said Sum of Three Thousand Pounds, or any Part thereof, by Way of Loan, that they the said Commissioners of Excise, their Executors, Administrators, or Assigns, and every other Person or Persons, their Executors, Administrators, or Assigns, shall be satisfied the said Three Thousand Pounds, or so much as they shall advance thereof, out of the Receipts of the Grand Excise, together with Interest, for so long Time as the same, or any Part thereof, shall be forborn, in Manner and Form aforesaid; and the Assignment or Assignments of the said John Billingsly shall be a sufficient Warrant and Discharge unto the Commissioners of Excise, and every of them, for reimbursing of themselves, and for their Executors, Administrators, or Assigns, being satisfied and reimbursed, the said Three Thousand Pounds, with Interest, if they shall advance the same, or such other Part as they shall advance thereof; or otherwise for the said Commissioners of Excise their paying the said Three Thousand Pounds, or any Part or Parcel thereof, to such other Person or Persons, their Executors, Administrators, or Assigns, as shall advance and lend the same, or any Part thereof, for the Use and Purpose aforesaid; whose Receipt or Receipts, together with the Assignments aforesaid, shall be the Commissioners of Excise their sufficient Discharge in that Behalf, if any other than themselves shall advance or lend the same."

Adjourn.

House adjourned till 9^a cras.