House of Lords Journal Volume 9: 30 December 1647

DIE Jovis, 30 die Decembris.

PRAYERS, by Mr. Delmy.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance for paying Money to Aldsworth.

The Earl of Kent reported from the Committee, the Ordinance for paying Five Thousand Two Hundred Seventy-four Pounds, Sixteen Shillings, and Eleven Pence, to Mr. Aldworth, as fit to pass as it came from the House of Commons; whereupon it was read, and Agreed to. (Here enter it.)

Sir H. Jermyn and Styles.

The Counsel of Jermyn, Defendant in a Writ of Error, this Day appeared, according to the Order, to argue the Errors in the Writ of Error wherein Styles is Plaintiff.

And upon Oath at Bar it appeared, "That the Order was served upon Styles, for the Hearing of the Cause this Day."

But neither he nor any Counsel for him appeared.

The Counsel of the Defendant were heard.

And the House thereupon Ordered, That the Judgement given in the Court of King's Bench in this Case is hereby affirmed; and that the Transcript of the Record be transmitted into the Court of King's Bench, that so Execution may be taken out accordingly: And it is further Ordered, That Styles, the Plaintiff, shall pay Ten Pounds Costs unto the Defendant.

Parnacot and Tucker.

Upon hearing the Errors argued in the Writ of Error, wherein Parnacott is Plaintiff, and Tucker is Defendant, by Counsel on both Sides: It is Ordered, That the Consideration of the Record is referred to Mr. Justice Pheasant and the rest of the Judges as are not of the King's Bench, who are to report their Opinions to this House.

Message to the H. C. about L. Ardes and Col. Jones's Exchange;—about Col. Andrews's Order, and Sykes's Petition;—and for Packets to be established between Dublin and Chester.

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

1. To desire their Concurrence, that Colonel Jones may be written to, "That the Lord of Ardes and Colonel Jones may be exchanged for the Earl of Westmeath and Colonel Berne."

2. To recommend to them the Petition of Mr. Sykes.

3. To deliver to them the Report concerning the Packet Boats for Dublin; and that some Way may be settled for the constant Pay thereof.

4. To put them in Mind of the Order concerning Colonel Andrewes.

Smart to receive his Arrears; and his Fine in the High Commission Court to be discharged.

Upon reading the Petition of Mr. Peter Smart:

It is Ordered, That Smyth and Marshall do pay the Arrears due to him, out of the Rents of the Dean and Chapter of Durham; and that it be referred to the Trustees for the Sale of the Bishops Lands, that he receive what is due to him for the future: It is also Ordered, That the Barons of the Exchequer do discharge his Fine set upon him by the High Commission Court.

Wilkinson to be established in the Living of Acliffe.

It is further Ordered, That Rob't Wilkinson shall be established (fn. 1) in the Living of Acliffe, in the Bishopric of Durham, by Ordinance of Parliament; and that several and respective Ordinances be brought in, to this Purpose, To-morrow Morning.

E. of Cleveland's Liberty prolonged.

Ordered, That the Earl of Cleaveland shall have Liberty for Four Months longer, upon the same Security as now he stands in: And the Concurrence of the House of Commons to be desired herein.

Message to the H. C. about it.

And a Message was sent presently to the House of Commons, by Sir Edward Leech, &c.

Pardon for Prisoners in Newgate.

The Pardon for the Prisoners of Newgate, was read, and passed; and Ordered to be sent to the House of Commons, for their Concurrence.

End. Porter's Petition, to be admitted to his Composition.

Upon reading the Petition of Mr. Endymion Porter; desiring "Leave to be admitted to his Composition for Delinquency, and to be heard before he be condemned, he being put into the First Exception in the Proposition."

Nothing ordered at this Time.

Letter from the Commissioners with the King, and Paper from the Scots to Him, to be expunged.

Resolved, upon the Question, That the Letter from the Earl of Denbigh, from the Isle of Wight, and the Paper inclosed, shall be put out of the Journal, entered on Tuesday last.

Order for 5274l. 16s. 6d. to Mr. Aldworth, disbursed by him for the Public Use.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Sum of Five Thousand Two Hundred Seventy-four Pounds, Sixteen Shillings, and Eleven Pence, due unto Richard Aldworth, of the City of Bristoll, Alderman, for Monies disbursed by him for the Service of the Parliament, as by a Certificate from the Committee of Accompts, of the Fifteenth of June, One Thousand Six Hundred Fortyseven, appears, be charged and paid out of the First Monies that shall come in upon the Moiety of the Receipts of the Grand Excise, in Course, reserved, and not granted for Security of the Arrears of the Soldiery, together with Interest for the same, after the Rate of Eight Pounds per Centum per Annum, out of the present Receipts of the said Grand Excise, at the End of every Six Months (until the same shall become due as aforesaid), unto the said Richard Aldworth Esquire, his Executors, Administrators, or Assigns, whose Receipt or Receipts shall be to the Commissioners of Excise for the Time being their sufficient Warrant and Discharge, for Payment of the said Sum of Five Thousand Two Hundred Seventy-four Pounds, Sixteen Shillings, and Eleven Pence, and Interest, and every Part and Parcel thereof, accordingly."

Adjourn.

House adjourned till 10 ^a cras.