House of Lords Journal Volume 9: 23 October 1647

DIE Saturni, 23 die Octobris.

PRAYERS, by Mr. Salawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Forstall, Mayor of Sandwich, to be released, on admitting Sherrard to be Minister of St. Clement's there.

Upon reading the Petition of Henry Forstall, Mayor of Sandwich: It is Ordered, That, upon his Obedience to the Orders of this House, and to the Presentation under the Great Seal, for Mr. Hope Gherrard to be Master of St. Clement's there, he shall be released of his present Restraint.

Thompson & al. Leave to carry Oxen from Virginia to Barbadoes, for their Sugar Works.

Upon reading the Petition of Maurice Thomson and others; shewing, "That, they having Plantations at Barbadoes, where they are erecting Sugar Works, and other Manufactures, which are likely to prove very beneficial to this Kingdom, in the Advance of Navigation and Trade; and being in Want of Cattle, for to work in their Sugar Mills; have bought in Virginia about One Hundred Oxen, and sent Shipping to carry them to The Barbadoes; but fearing lest any Hindrance should happen in their free Transportation:"

It is Ordered, That the Governor of Virginia shall permit the said Cattle to be freely transported, without any Lett or Molestation.

Congham versus Shipdham, about Blofield Rectory.

Upon reading the Petition of Robert Congham, and the Affidavits of Jeremy Purland and Ann Linsey:

(Here enter them.)

It is Ordered, That Alexander Shipdham and Wm. Arnold shall be attached, and brought before this House, to answer the said Complaint.

Blackburn's Petition.

Upon reading the Petition of Robert Blackborne:

It is Ordered, To be recommended to the House of Commons.

Wall's Petition.

Upon reading the Petition of Wm. Wall, Merchant: It is Ordered, That the Persons whom it concerns shall have a Copy of the Petition, and be heard what they can say therein, and return their Answer Fourteen Days after Notice.

Colonel Fox and Middlemore, about Edgebaston Castle.

Upon reading the Answer of Colonel John Fox, unto the Petition of Mr. Middlemore: (Here enter it.)

It is Ordered, That this House takes off what was formerly granted out of Mr. Middlemore's Lands, in regard his Father is dead; and if the said Colonel Fox can prove any Thing against the said Mr. Middlemore, to make him a Delinquent, that then he proceed in the ordinary Way of Sequestration.

L. Mohun and Sir J. Cary.

The Answer of Lord Mohun, to the Petition of Sir John Cary:

It is Ordered, That it be referred to Sir Edward Leech and Mr. Hakewill, to examine the Contempts mentioned in the Petition, and to report the same to this House.

Message to the H. C. with the Ordinance about Guernsey, &c. and with Blackburn's Petition.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hakewill:

1. To deliver to them the Ordinance concerning the Isles of Guernsey, Sarke, and Alderney; and desire their Concurrence in the Alterations made by this House.

2. To recommend Blackborne's Petition to them.

Eckins to be instituted to Wekeley.

Ordered, That Doctor Heath shall give Institution and Induction to John Eckins Cler. to the Vicarage of Wekeley, in the County of North'ton, he taking the Covenant; being presented to the same by the Lord Mountague, Patron: And this with a Salvo Juris cujuscunque.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Swinfen, &c; who brought up an Ordinance concerning Sir Rob't Owsley's Estate, wherein they desire their Lordships Concurrence. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Ministers not to subscribe the Articles.

Ordered, That Doctor Heath and Doctor Aylett shall not press Ministers, as come to them for Institution and Induction, to subscribe the Thirty-nine Articles.

L. Hereford, Leave to be absent.

Ordered, That the Lord Viscount Hereford is excused for his Absence from this House, for Three Weeks, in regard of his Ill Health.

Report concerning Ly. S. Byron's Sequestration.

The Earl of Northumb. presented to the House a Paper, being a Report from the Committee of Lords and Commons for Sequestration, of the Case of the Lady Sophia Byron, Widow to Sir Nic. Byron; which was read.

And this House approved and allowed of the said Report. (Here enter it.)

Ordinance to clear the Estate of Sir Charles Wolseley of Sequestration, and free it from a Debt to Gifford.

"Whereas the whole Estate of Sir Robert Wolseley Baronet, late of Wolseley, in the County of Stafford, deceased, is sequestered, to the Use of the Commonwealth, for his Delinquency; and whereas the chiefest Part of the Estate of the said Sir Robert was before these Wars settled upon Sir Charles Wolseley by the said Sir Robert, which Estate, upon the Death of the said Sir Robert his Father, he claims as a Purchaser; and whereas the said Sir Charles hath discovered a Debt of Seventeen Hundred Pounds due from the said Sir Charles Wolseley's Estate to John Gifford, of Biscobell, in the County of Stafford, Esquire, a Popish Recusant, who died in Ireland; for the Payment of which Seventeen Hundred Pounds, there are divers Lands of the said Sir Charles Wolseley mortgaged by his said Father; and for that the said Sir Charles is not above Sixteen Years of Age, and (fn. 1) has been always under the Tutelage of a School-master or Tutor: The Lords and Commons assembled in Parliament do order and ordain, That the said Sir Charles Wolseley do pay unto the Committee of Staffordsheire the Sum of Two Thousand Five Hundred Pounds, upon the Twentieth Day of November next, for the Use of that County; and, upon the Payment thereof, they the said Lords and Commons do ordain, and be it Ordained by the said Lords and Commons assembled in Parliament, That the whole Estate of the said Sir Robert Wolseley the Father, and the said Sir Charles Wolseley, be discharged from Sequestrations.

"And the said Lords and Commons now assembled in Parliament do ordain, That the said Sir Charles Wolseley, and the Land so mortgaged for the Payment of the said Seventeen Hundred Pounds with the Interest, shall be saved and kept harmless, from the Payment of so much thereof as is due to the King's Majesty, or the Commonwealth, for the Delinquency or Recusancy of the said John Gifford, by virtue of any Act or Ordinance of Parliament: And all Committees or Sequestrators are hereby required to deliver the Possession of the Messuages, Manors, Lands, and Tenements, of the said Sir Robert Wolseley, Sir Charles Wolseley, and Dame Mary Wolseley, free from Sequestration, and also the Rents and Profits thereof, to the said Sir Charles Wolseley, or the said Dame Mary, or to any that shall be authorized by them to take and receive the same; any Order or Ordinance to the contrary notwithstanding."

Petition for the Revenue of Middlemore's Estate to be continued for Edgebaston Castle.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Colonel John Fox;

"Sheweth,

"That, upon the Petition of Rob't Middlemore Esquire, informing your Lordships, That whereas, by an Ordinance of Parliament (a Copy whereof is hereunto annexed), and by an Order of this Honourable House, the 28th of June last, the Profits of the Manor of Edgebaston, in the County of Warr. and certain Lands, lying in Kingsnorton, Yardley, and Northfeild, in the County of Worcester, sequestered from Richard Middlemore his Father, were paid unto your Petitioner; which said Richard Middlemore is lately deceased, whereby the said Ordinance is become determined, the said Robert Middlemore having the Remainder, and his said Father but an Estate for Life; and thereupon prayed he might enjoy the said Estate, according to Law:

"Whereupon your Honours, upon the Two and Twentieth of September last, did order, That your Petitioner should, within Fourteen Days after the Sight of the Order, return his Answer unto your Honours.

"Now so it [ (fn. 2) is, may it] please your Lordships, that the Petitioner humbly conceiveth, that the said Ordinance is not determined, in regard that the Cause for which the said Estate became sequestered (he humbly presumes) still continues; which was, for the Delinquency and Recusancy of the said Richard Middlemore, the said Robert his Son being in the same Condition:

"And therefore he humbly conceives, that the said Estate ought to remain still sequestered, and the Profits thereof to go towards the Payment of the Arrears due unto your Petitioner, the Officers and Soldiers of the Garrison of Edgebaston, which amounteth to about Eight Thousand Pounds.

"The Petitioner therefore humbly prayeth, that the Profits of the said Lands may still continue to be received by your Petitioner, as formerly, towards the Payment of the said Arrears, in Pursuance of the said Ordinance, and according to the humble Desire of the Officers and Soldiers of the said Garrison.

"And the Petitioner shall pray.

"Jo. Fox."

Congham's Petition against Shipdham, for keeping him from Possession of the Rectory of Blofield.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Robert Congham Clerk;

"Sheweth,

"That whereas the Rectory of Blowfeild, in Com. Norff. by the Death of Doctor Ambrose Congham, became void; your Petitioner, by the true and undoubted Patron, under the Great Seal of England, was presented, and by Order from your Lordships instituted and inducted, thereunto:

"Now so it is, may it please your Lordships, That one Alexand'r Shipdham Clerk (whilst your Petitioner was under Examination at the Assembly, and obtaining his Institution and Induction from your Lordships) got himself into the Possession of the Parsonage of the said Rectory; and now, publicly declaring your Petitioner's Institution and Induction illegal (although he knew it to be by your Lordships Order), endeavoureth not only to alienate the Affections of the Parishioners from your Petitioner, but refuseth to give your Petitioner Possession of the said Parsonage, or to permit him quietly to officiate the Cure there, as by Affidavit annexed may appear; in great Contempt to your Lordships, and Interruption to your Petitioner, and the present Subtraction of this Summer's Tithes, contrary to the Intent of the late Ordinance of Parliament.

"May it therefore please your Lordships (the Premises considered) to grant an Order unto your Petitioner, to eject the said Alexand'r Shipdham out of the said Parsonage, and to permit your Petitioner peaceably to enjoy the same, and to officiate the Cure there, according to that Charge and Duty that God hath called him unto; and in the mean Time (since the said Shipdham hath obstinately and wilfully contemned both your Lordships Order, and Ordinance of both Houses, with an Intent to gain this present Summer's Profits into his Possession, and defraud your Petitioner thereof (he having Two Livings besides), and the Tithes being inned, and in the Parsonagebarn, to give Order, That the same may carefully be secured there, until the said Alexand'r Shipdham hath answered his Contempt, and your Lordships further Order in the Premises.

"And your Petitioner will ever pray for the good Success of all your Honourable Proceedings, &c.

"Robert Congham."

Affidavits concerning it.

Purland's.

"Jeremy Purland, of Warham, in the County of Norff. Gentleman, maketh Oath, That, upon the 22th Day of June last, he was present, when Robert Congham Clerk, demanding Possession of the Parsonage-house of Blofeild, in the County aforesaid, of Alexand'r Shipdham Clerk, was not only denied Possession of the said Parsonage-house, but also was interrupted by him when he was officiating the said Cure; notwithstanding the said Mr. Shipdham knew and saw that the said Robert Congham had taken Induction of the Rectory of Blofeild aforesaid, by virtue of an Order from the Lords in Parliament to Doctor Heath directed, by whom the said Robert Congham received his Instruments for Institution and Induction; and did further say, "That his Institution and Induction was better than the said Mr. Congham's."

"Je. Purland.

Jurat. 2 Die Julii, 1647.

"Rob't Aylett."

Lindsey's.

"Ann Linsey, of Blofeild, in the County of Norff. Spinster, maketh Oath, That the Day after Robert Congham Clerk had taken Institution and Induction of the Rectory of Blofeild, being the 23th Day of June, 1647, by virtue of an Order of the Lords in Parliament, to Doctor Heath directed, That William Arnold, of the same Town and County, said, "That he weighed the Institution and Induction nothing;" and being demanded the Reason, said, "That he had his Order from Two or Three broken Lords." And being further demanded, "how he knew that?" He said, "That his Master, Alexand'r Shipdham Clerk, told him so."

"Jurata Septimo Die Augusti, Anno Domini 1647.

"Coram me,

"Clero Talbot in Canc. Mr."

Report concerning Lady Sophia Byron's Sequestration.

"Die Veneris.

"At the Committee of Lords and Commons for Sequestrations.

"In the Case of the Lady Sophia Byron, Wife of Sir Nicholas Byron deceased: Upon Perusal of the said Sir Nicholas' Will, bearing Date 9 May, 1638, and the Report of Mr. Bradshaw thereupon; as also upon a Deed of the said Sir Nicholas, bearing Date 5° Jacobi, whereby a Rent Charge of Forty Pounds per Annum is charged upon the Estate of Sir John Byron in Nottinghamshire, to the Petitioner, for her Life: It is Ordered, as to the said Rent Charge of Forty Pounds per Annum, That the same be paid unto the Petitioner, by the said Committee of Nottinghamshire, with the Arrears thereof since her Husband's Death, unless they shall certify good Cause to the contrary within a Month after Notice hereof. And as to the said Will, it is Ordered, That the Petitioner's Case be reported to both Houses; and that the Earl of Northumberland be desired to make Report hereof to the House of Peers, and Mr. Samuell Browne to the House of Commons; the Case being, That the said Lady gave up a former Jointure, and for that had a Promise of Recompence out of other Lands, which was made by the Will: But it taking no Effect till the Death of the said Sir Nicholas, and he being then sequestered, this Committee can give no Relief, but leave it to the Houses to do as they shall see Cause.

"Sam. Browne.

"Vera Copia, examinatur per me,

"R. Vaughan, Cler. Com."

Adjourn.

House adjourned till 10 ^a Monday Morning next.