House of Lords Journal Volume 9: 25 May 1647

DIE Martis, 25 die Maii.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

L. Deincourt versus Sir J. Curzon.

Upon reading the Petition of Francis Lord Deincourt One of the Peers of this Realm, and Anne his Wife, for and on the Behalf of themselves and their Children: (Here enter it.)

Ordered, That this Petition be recommended to the Committee of Lords and Commons for Sequestrations, to make good their former Order concerning the Fifth Part.

Stapleton and Ly. Boynton.

Ordered, That the Business referred to all the Judges, concerning Mrs. Stapilton and the Lady Boynton, is to be heard by Judge Pheasant and Judge Rolls.

L. Harrowden versus Mansell and Morrison, for putting Knighton, &c. in Possession illegally.

Upon reading the Petition of Edward Vaux Lord Harrowden; complaining, "That he hath been put out of his Possession out of a Pasture Ground, by a forcible Entry by John Mansell and Charles Morrison, Justices of the Peace for the County of North'ton; and put Robert Knighton and Ralph Freeman into the Possession (without Enquiry by Jury), contrary to the Laws and Statutes of the Land:"

It is Ordered, That the said John Mansell and Charles Morrison shall put in their Answers to this Petition, this Day Fortnight.

Order about the Captives at Algiers.

The Order concerning Argier, was read, and approved of. (Here enter it.)

Sir J. Danvers's Ordinance.

The Ordinance concerning Sir John Danvers, was reported from the Committee, by the Earl of Kent, as fit to pass as it came from the House of Commons; and it being read the Third Time, it was Agreed to.

(Here enter it.)

Langham and Lymbery.

The Question being put, "Whether their Lordships will appoint a Day, to debate the Cause between Alderman Langham, &c. and Captain Lymbery, &c. themselves, before they hear further from the Judges?"

And it was Resolved in the Negative.

Ordered, That it be referred to the Judges, to consider of the Case between Alderman Langham, &c. and Captain Lymbery, &c. as it was argued at this Bar; and to report their Opinions to this House, this Day Fortnight, "Whether the Case so stated be within the Stat. of 4 H. IV. or not?"

Clerk to attend about the E. of Denbigh's Business.

Ordered, That Clarke shall attend this House on Thursday Morning, at Nine a (fn. 1) Clock, concerning the Earl of Denbigh's Business.

Message from the H. C. to sit P. M.

A Message was brought from the House of Commons, by Sir Robert Harley, &c.

To let their Lordships know, that the House of Commons, upon some important Business, hath Resolved to sit this Afternoon; and desire their Lordships would be pleased to fit likewise, if it may stand with their Lordships Conveniency.

The Answer returned was:

Answer.

That this House will sit this Afternoon, as is desired.

L. Deincourt versus Sir J. Curzon.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Francis Lord Dencourt One of the Peers of this Realm, and Ann his Wife, for and on Behalf of themselves and their Children;

"Sheweth,

"That the Persons and Estates of the Peers of this Realm, by the Laws thereof, being free from Arrest and Seizure; and, since the unhappy Differences your Petitioner's Estate having been sequestered for Delinquency, a Fifth Part thereof, according to the Ordinance of Parliament, hath been allotted and set out for the Maintenance of your Petitioner's Lady and her Children; yet so it is, that your Petitioner's Eldest Son Francis Leeke deceased, and Nicholas Leeke your Petitioner's Second Son (who, during the Time of these Distractions, hath remained here, and hath been faithful to the Parliament), having contracted a great Debt upon themselves; and, amongst the rest, they being engaged to Sir John Curson Knight, a Member of the House of Commons, in a Statute of a great Penalty, for the Payment of some Annuity, for some Consideration unknown to your Petitioners, he the said Sir John Curson, not regarding your Petitioner's Privilege, nor the Favour of the Parliament extended for the Preservation of the Wives and Children of Delinquents, (fn. 2) hath lately extended the said Fifth Part set out for your Petitioner's Wife and Children, for the Debt of the said Nicholas your Petitioner's Son, and hindereth Payment thereof, whereby your Petitioner's Wife and Children are left without all Manner of Means and Livelihood; and the said Nicholas hath no Estate in the Premises.

"In Consideration whereof, and for that it is against the Privilege of Parliament, and contrary to the Laws of this Kingdom, for any private Person to imprison the Person of a Peer, or extend his Lands, without the Licence of the Parliament, and also contrary to the Ordinance of Parliament to take that from your Petitioner's Wife and Children (for the Debt of another Person) which by the Ordinance is provided for Maintenance; your Petitioners humbly pray, that your Petitioner the Lord Dencourt may have the Benefit of his Privilege; and that the rest of your Petitioners may have the Fruit of the said Ordinance; and that the said Extent may be removed.

"And your Petitioners shall pray, &c."

Mr. Cason's Conduct, as Consul at Algiers, approved of.

Upon Mr. Greene's Report of Three Letters, One from the Bashaw of Argier, another from the Duana, and a Third from the Cadee and Governors of the Town:

It is Resolved, That the Houses do approve of the Proceedings of Edmund Cason Esquire, in his Employment from both Houses of Parliament to Argier.

Letters to that Effect to be wrote to Alglers.

Ordered, That Letters be written from both Houses, and signed by the Speakers, giving Credit to the Confirmation of the said Proceedings, and carrying on of the Work of the Redemption of the Captives; and that Mr. Greene do prepare these Letters, which the Speakers are to sign, the same being presented unto them.

Ordinance for the Amount of a Bond, which Sir John Danvers entered into on the Marq. of Winton's Account, to be raised out of the Marquis's Estate.

Whereas Sir John Danvers, of Chelsey, in the County of Midd. Knight, at the Request of the Marquis of Winchester, became bound, with others, to George Phipp, of Alhallowe's Barking, London, Gentleman, in One Obligation, bearing Date the 14th Day of December, 1641, of One Thousand Pounds, with Condition for the Payment of Five Hundred and Twenty Pounds on the Sixteenth Day of June then next following, which said Sum is yet unpaid; and whereas the said Marquis of Winton hath forfeited all his Estate to the Parliament, by reason of his Delinquency, so that he hath not wherewith to satisfy the said Debt: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the said Five Hundred and Twenty Pounds, together with the Consideration due, and to be due, until Satisfaction be made of the said Debt to the said George Phipp, upon the aforementioned Bond, be forthwith raised out of the Estate of the said Marquis of Winton, and paid to the said George Phipp, out of such Monies as shall be raised upon the Sequestration or Sale of the said Marquis's Estate; and the Acquittance, testifying the Receipt of the said Money under the Hand and Seal of the said George Phipp, together with his Delivery-up of the said Bond, shall be a sufficient Discharge to such Person or Persons as shall pay the same; and hereof all Committees who receive the said Marquis' Rents, and such Persons as shall be intrusted for the Sale of his Lands, are to take Notice, and be conformable hereunto."

Adjourn.

House adjourned till 4^a post Meridiem.

Post Meridiem.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Nichols, a Pass.

Ordered, That Mr. Francis Nicolls shall have a Pass, to go into Holland.

Lords Leave to be absent.

Ordered, That the Earl of Kent hath Leave to be absent from his Attendance on this House, for Three Weeks or a Month.

Ordered, That the Lord Bruce hath Leave to be absent from his Attendance on this House, for a Month.

Sir A. St. John's Petition.

Ordered, That the Petition of Sir Anthony St. John shall be sent to the House of Commons, with Recommendations.

Porter, a Pass.

Ordered, That Mr. George Porter shall have a Pass, to go to Diepe, with Two Servants, and to return again into England.

Ordinances for Concurrence.

The Ordinance for Mr. Kelsey to be Governor of Magdalen's Hospitall, was read, and Agreed to.

(Here enter it.)

The Ordinance for paying One Hundred Pounds to Major Boza, was read, and Agreed to. (Here enter it.)

The Order for the Commissioners that went last to the Army, shall have Power to dispose of Ten Pounds, was read, and Agreed to. (Here enter it.)

The Ordinance for allowing some Scotts Officers Interest, was read, and Agreed to. (Here enter it.)

An Order for giving Mr. Ben. Vallentine Two Thousand Five Hundred Pounds, was read, and Agreed to.

(Here enter it.)

Message from the H. C. for no Volunteers in the Army to be compelled to serve beyond Sea;

A Message was brought from the House of Commons, by Sir Rob't Pye, &c.

To desire Concurrence in these Particulars:

1. That none that has served voluntarily in this Army shall be prest to serve beyond the Seas.

The Question being put, "Whether to agree to this Vote as it came up from the House of Commons?"

It was Resolved in the Affirmative.

with an Order about issuing Money in the Isle of Wight;

2. An Order concerning issuing Monies in the Isle of Wight, to be sent to the Lords for their Concurrence.

Read, and Ordered to be committed to the Consideration of these Lords following:

Any Two, to meet on Friday Morning next.

and about Col. Rainsborough going to Jersey.

3. To put their Lordships in Mind of the Vote formerly brought up, for Colonel Raynsborough's Regiment to go for regaining the Isle of Jersey.

The Answer returned was:

Answer.

That this House agrees to the Vote concerning the not pressing the Soldiers of this Army: To all the rest, their Lordships will send an Answer by Messengers of their own.

Ordinance for Kelsey to be Governor of Magdalen's Hospital, in Hampshire.

"Ordered, by the Lords and Commons in Parliament assembled, That Henry Kelsey Gentleman, Eldest Son of Edward Kelsey, of Pittleworth, in Com. South'ton, Gentleman, shall be, and is hereby nominated and appointed, Master and Governor of Magdalen's Hospitall, in the County of South'ton, near Winchester; to hold and exercise the said Place of Master or Governor of the said Hospital (according to the Orders and Constitutions thereof) as amply as any other late Master or Governor of the said Hospital hath heretofore lawfully had and enjoyed the same; and the Rights, Profits, and Advantages, belonging to the Mastership of the said Hospital, are hereby granted and confirmed to the said Henry Kelsey accordingly."

Order for 100 l. for Major Boza.

Ordered, by the Lords and Commons in Parliament assembled, That Major Boza shall have the Sum of One Hundred Pounds bestowed upon him, as a Gratuity, in regard of his good Service to the Parliament; and that the said One Hundred Pounds be charged upon the Receipts of the Grand Excise, in Course, with Interest from this Day for the same, after the Rate of Eight Pounds per Centum, payable every Six Months, until the same be paid; and that the Commissioners of Excise do pay the said One Hundred Pounds, and Interest for the same, unto Major Boza, or his Assignee, accordingly."

Order for 10 l. to the Commissioners that went to the Army to dispose of.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Ten Pounds be put into the Hands of the Commissioners last employed to the Army, to dispose as they shall think fit, to such as were employed by them; and that this Ten Pounds be paid to the Commissioners aforesaid, by the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall."

Ordinance for allowing Interest to some Scots Officers for their Arrears.

"Whereas the Sum of Five Thousand Seventy-six Pounds, Eighteen Shillings, Penny Half-penny, was charged upon the Receipts at Gouldsmiths Hall, in Course, to be paid by the Treasurers there to certain Scotts Officers, named in a List then presented to both Houses; and no Interest was allowed for the said Sum: It is now Ordered, by the Lords and Commons assembled in Parliament, That Interest, after the Rate of Eight Pounds per Centum (to be accompted from the First of May, 1647, the Date of the said Ordinance), be allowed for the said Sum, payable every Six Months, out of the Moiety of the Compositions not engaged for Security for the Two Hundred Thousand Pounds intended to be now borrowed for the Service of England and Ireland; and that the Treasurers at Gouldsmithes Hall do pay the said Interest accordingly, as it shall grow due, unto such Person or Persons as shall advance the said Sum, or any Part thereof."

Order for 2500 l. to Valentine, on account of his Sufferings and Losses.

(fn. 3) "Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five and Twenty Hundred Pounds be paid unto Benjamine Valentine Esquire, by the Treasurers at Gouldsmiths Hall, in Course, out of that Moiety of the Compositions with Delinquents which is not granted to the City of London for their Security, and out of the rest of the said Compositions which shall remain after the said Security perfected and ended, without Prejudice to the said Security, towards Satisfaction and Reparation to be made unto him, for his great Damages and long Imprisonment, suffered for and by reason of his Service done to the Commonwealth, in the Parliament of 3° Caroli, whereof he was a Member; and that the Acquittance of the said Benjamine Valentine, or his Assignee, shall be a sufficient Warrant and Discharge to the said Treasurers, for Payment of the said Sum of Five and Twenty Hundred Pounds accordingly.

Adjourn.

House adjourned till 9^a cras.