House of Lords Journal Volume 9: 15 December 1647

DIE Mercurii, 15 die Decembris.

PRAYERS, by Mr. Salawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Sir J. Somerset, a Pass.

Ordered, That Sir John Somersett shall have a Pass, for himself and his Servant, to come into England, from beyond the Seas.

Parsons versus Wadman.

Upon hearing the Counsel, concerning the Writ of Error brought into this House, by Parsons Plaintiff, against Wadman Defendant; and it appearing, that the Plaintiff had not assigned any Errors, according to the Directions of this House published in Print:

It is Ordered, That (fn. 1) the Transcript of (fn. 2) the Record be remitted into the King's Bench, that so Execution may be taken out, according to the Provision in the said Ordinance.

Hoyle and Towers.

Upon hearing the Counsel of Hoyle Defendant, in a Writ of Error depending in this House, wherein Towers is Plaintiff; and upon Oath made at this Bar, "That the Solicitor of the Plaintiff was served with the Order for hearing the Errors argued this Day:"

It is Ordered, That this House affirms the Judgement given in the King's Bench; and that the Transcript of the Record be remitted to the King's Bench.

Message from the H.C. with an Ordinance, and to remind the Lords of the One for Tonnage and Poundage.

A Message was brought from the House of Commons, by Sir Walter Erle Knight, &c.

1. To put their Lordships in Mind of expediting the Ordinance for Tonnage and Poundage.

2. To desire their Lordships Concurrence in an Ordinance for adding Lords to the Committee for the Navy and Customs.

The Answer returned was:

Answer.

That this House will take this Message into speedy Consideration, and will send an Answer by Messengers of their own.

Report of the Conference on the Ordinance for Tonnage and Poundage.

The Speaker made Report of the late Conference with the House of Commons, concerning the Alterations and Additions in the Ordinance concerning Tonnage and Poundage; in which Alterations and Additions, they say, they cannot concur, because they say that the Disposing, and Way how to have Money disposed, must arise from them; the Ordinance being not for any Assessment upon Lands, but concerning Payments upon Tonnage and Poundage.

Committee to consider of it.

Ordered, That what was delivered to the House of Commons at the Conference, and likewise this Report, be referred to the Consideration of these Lords following; and to report to the House:

Any Two; to meet when they please.

Instructions to the Commissioners going to the King, communicated to the Scots Commissioners.

The Earl of Manchester reported to the House, That Yesterday the Committee did communicate the Instructions to the Commissioners that are to go to the King; and the Scotts Commissioners desired to know what those Bills were that are to be sent to the King. The Committee returned Answer, That they had no Authority to communicate them. Whereupon the Scotts Commissioners delivered in a Paper, which they desired might be communicated to the Houses."

Paper from them.

The said Paper was read, as follows. (Here enter it.)

Message from the H.C. with Ordinances and an Order.

A Message was brought from the House of Commons, by Mr. John Stephens;

To desire Concurrence in divers Particulars:

1. An Ordinance for improving sequestered Lands, and for giving Accompt of the Values thereof.

2. An Ordinance for defraying the Salaries and Charges of the Committee and Sub-committees of Accompts.

3. An Ordinance for Fifty Thousands to be raised for Ireland.

4. An Order concerning Mrs. Phillipa Coriton.

The Answer returned was:

Answer.

That this House will take these Particulars into Consideration, and will send an Answer by Messengers of their own.

Ordinance concerning the Election of Officers in the City.

The Earl of Manchester reported from the Committee, an Ordinance to disable such Persons of the City of London to be Lord Mayor, or of the Common Council of London, &c. who had their Hands in the late Engagement; which was read, and Agreed to, and sent to the House of Commons for their Concurrence.

Message to the H.C. with it, and to remind them of the One for Employment of the Poor.

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

1. To desire their Concurrence in the Ordinance for disabling such of the City of London from being elected Lord Mayor, &c. that have had their Hands in the late Engagement.

2. To put them in Mind of the Ordinance for setting the Poor on Work.

Card, convicted of Horsestealing, to be pardoned.

Ordered, That Edward Card shall be put into a General Pardon, when any is passed; and that it is referred to Mr. Justice Pheasant, to dispose of the Person of the said Edward Card as he shall think fit.

Ministers to attend the Commissioners going to the King.

Ordered, That Mr. Marshall and Mr. Nye are appointed to attend the Commissioners that are to go to the King.

Allen and Baker.

Ordered, That the Cause between Allen and Baker shall be heard on Tuesday next.

Payne and Durnford.

Ordered, That the Cause between Payne and Durneford, upon a Writ of Error depending in this House, shall be argued, at this Bar, on the 20th Day of this Instant December, at Ten of the Clock in the Morning, at which Time some of the Judges are to be present; and the Parties, by their Counsel, are to attend accordingly.

Brereton and Grey.

Ordered, That the Cause between Brereton and Grey, upon a Writ of Error depending in this House, shall be argued, at this Bar, on the 20th of this Instant December, at Ten of the Clock in the Morning; at which Time the Parties, by the Counsel, to attend accordingly.

Commin to be instituted to Cholsey, cum Moulsford;

Ordered, That Doctor Aylett do give Institution and Induction unto John Commin Clerk, Batchelor of Arts, to the Vicarage of Cholsey, with the Rectory of Moulsford to the same annexed, in Com. Berks, void by the Death of the last Incumbent; salvo Jure cujuscunque; the said Mr. Commin taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

and Redgrave to Rendlesham.

Ordered, That Doctor Aylett do give Institution and Induction unto William Redgrave Clerk, Master of Arts, to the Rectory of Rendlesham, in the County of Suffolke, void by the Death of the last Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Paper from the Scots Commissioners, desiring to see the Bills that are going to be sent to the King for the Royal Assent.

"Die Martis, 14 Decembr. 1647.

"At a Committee of the Members of both Houses that are of the Committee of both Kingdoms.

"Ordered, That the Two Papers delivered in by the Scotts Commissioners be reported to both Houses.

"Exam'r, Gualter Frost, Secretary.

"Wee have received your Lordships Paper, together with the Instructions for the Commissioners of both Houses that are to goe to the King, into the Isle of Wight: And finding that they doe relate to Three Bills concerning Three of the Propositions of Peace lately comunicated unto us, and a new one concerning the Adjournment of both Houses of Parliament; wee desire to see those Bills, to which His Majesty's Assent is desired before any Treaty upon the rest of the Propositions, wherein wee trust that wee shall not be misunderstood, as if our Intention were to meddle with the Framing of your Lawes, or Forme of your Bills; but that wee may consider and give our Advise concerning the Matter of those Bills; which, being assented unto by the King's Majesty, are a reall Security and Agreement for Peace; and therefore, according to the Treaty betwixt the Kingdomes, cannott be done without the mutuall Advice and Consent of both.

"Wee desire the Bills may be sent unto (fn. 3) us this Night, or To-morrow in convenient Tyme; and wee shall waite upon your Lordships with our Answere, to be retourned to the Houses, upon Thursday Morning.

"By Commaund of the Commissioners for the Parliament of Scotland.

14 December, 1647.

"Jo. Cheislie."

"Seeing your Lordships have only in Commaund from the Houses to comunicate unto us the Instructions for their Commissioners that are to goe to the Kinge; wee desire your Lordships to report our Paper now delivered in, to both Houses; whose Answere wee shall expect To-morrow, that upon Thursday wee may retourne our Answere upon the whole Matter.

"By Commaund of the Commissioners for the Parliament of Scotland.

14 Decemb. 1647.

"Jo. Cheislie."

Burgess to be instituted to Farringdon.

Ordered, That Doctor Aylett give Institution and Induction unto John Burgesse Batchelor of Arts, to the Vicarage of Farrington, alias Farringdon; salvo Jure cujuscunque; he taking the National League and Covenant: Presentation under the Hand and Seal of Sir Rob't Pye Knight, Patron.

Adjourn.

House adjourned till 10 ^a cras.