House of Lords Journal Volume 9: 25 January 1648

DIE Martis, 25 die Januarii.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Doctor Bennett and Mr. Eltonheade return with this Answer from the House of Commons:

That they agree to the Alteration in the Order for selling Worcester House to the Earl of Salisbury; and to the Order for Colonel Mytton to be Vice Admiral for North Wales; and to General Pardon for certain Prisoners in Newgate: (Here enter them.) To all the rest, they will send an Answer by Messengers of their own.

Clark & al. Pet. against assigning Debts to the King.

Upon reading the Petition of Doctor Wm. Clarke and others; complaining of "an Abuse and Grievance of assigning Debts over to the King, whereby they are defeated of their just Debts:"

It is Ordered, That the Barons of the Exchequer have a Sight of this Petition; and that they examine the Truth of the Suggestions, and give an Account thereof within Fourteen Days after the Date hereof to this House; and that, in the mean Time, there be no Proceedings in the Cause, to the Prejudice of the Petitioners, until the Petitioners Counsel be heard in this House.

Dr. Morley, a Pass.

Ordered, That Doctor George Morley shall have a Pass, to go beyond the Seas.

Trenchard to enjoy the Rectory of Exford.

Edbroke, Collier &al. sent for.

Upon reading the Petition of Sir Oliver Luke Knight, John Trenchard, and Henry Trenchard, and also the Affidavit of Richard Getty; (Here enter the Affidavit.) shewing, "That, contrary to the Order of this House, George Trenchard Clerk cannot enjoy the Rectory of Exford, in the County of Som'sett, nor the Profits thereof, by reason of the Practice and Disobedience of Rob't Edbrooke, Mr. Collier the Sequestrator, Wm. Tucker, and Silvester Williams," (fn. 1) be attached, and brought before this House, to answer their said Contempts; and that the said George Trenchard shall peaceably and (fn. 2) quietly enjoy the said Rectory, and be permitted to take the Benefits thereof.

De Landahola to be released.

Upon reading the Petition of Ignatio De Landahola, a Spanish Merchant; complaining, "That he is not released, according to the Order of this House, but detained in Prison:"

It is Ordered, That the Sheriff of London and his Secondary shall give Obedience to the former Order of this House, and release the Petitioner by Thursday next; or else to shew Cause then to this House to the contrary.

Martin, Johnson, & al. and Worsleys.

Ordered, That Mr. Worseley, &c. shall return their Answer to the Petition of Martyn, Johnson, and Dowcott, by this Day Fortnight; in the mean Time, the said Martyn, Johnson, and Dowcott, are to be bailed.

Nicholas and Hill.

Ordered, That the Errors in the Writ of Error between Nicholas Plaintiff and John Hill Defendant shall be heard, at this Bar, the 17th of February next, by Counsel on both Sides.

Additional Ordinance for Westm. Militia.

The additional Ordinance for the Militia of Westm. was read the Third Time; and Agreed to, with an addition and a Proviso; and Ordered to be sent to the House of Commons, for their Concurrence.

Honor to be rewarded, for being their Treasurer, &c.

Ordered, That it is recommended to the Committee for Westm. and the Liberties thereof; and they desired, that Mr. Honnor may be rewarded, for his great Pains and Charge he hath been at, in being Treasurer, and for collecting and keeping the Monies, for the Militia of Westm.

Message to the H. C. with this Ordinance; and to remind them of Pringle's and the Kirtlage Ordinance.

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

To deliver to them the additional Ordinance for the Militia of Westm. and desire their Concurrence in the Proviso and Addition.

2. To put them [ (fn. 3) in Mind] of Mr. Pringle's Ordinance.

3. To put them in Mind of the Ordinance concerning Kirtlage, in the County of Cambridge.

Payne to be instituted to Darley.

Ordered, That Doctor Aylett, or his lawful Deputy, do give Institution and Induction unto Edward Payne Clerk, Master of Arts, to the Rectory of Darley, in the County of Derby, void; salvo Jure cujuscunque: Presentation under the Great Seal.

Getty's Affidavit, that Trenchard is disturbed in the Possession of the Rectory of Exford, by Collier, Edbroke, Tucker, &c.

"Whereas the Right Honourable the Lords in Parliament assembled, the 31th of December, 1646, did order, That Institution and Induction should be then forthwith given unto George Trenchard Clerk, unto the Rectory of Exford, in the County of Som'sett, he having been presented thereunto by Sir Oliver Luke Knight and others, the lawful Patrons; and that the said George Trenchard was instituted and inducted into the said Rectory accordingly: And whereas, after such Institution and Induction as aforesaid, the said George Trenchard being disturbed and removed out of the quiet Possession of the said Rectory, and another placed therein by the Committee of Som'sett, the said Lords in Parliament were pleased, the 8th of April, 1647, to order, That the said George Trenchard should, upon Sight of that Order, be restored by the then Sheriff of that County to the quiet Possession of the said Rectory, and to all the Profits and Benefits thereunto belonging (as by the said Orders may at large appear): Now Richard Getty, of the Parish of Exford aforesaid, Yeoman, maketh Oath, That the said George Trenchard hath, since the said last Order, been several Times disturbed and interrupted in the quiet and peaceable Possession of the said Rectory, by the County Troop, who hath several Times of late come unto the said Parish, to have apprehended and imprisoned the said George Trenchard, so that he cannot with Safety officiate the said Cure; and that one Mr. Collier, the Sequestrator, hath, in this Deponent's Presence, since the said Orders, and contrary thereunto, forbidden the Parishioners to the said Rectory to pay any Tithe unto the said George Trenchard: And this Deponent further deposeth, That one Robert Edbrooke, William Tucker, Silvester Williams, and others, Inhabitants of the said Parish of Exford, did not only violently carry away their Tithe Corn into their own Houses, and did convert the same to their own Uses, and have also refused, and still do refuse, to give the said George Trenchard any Recompence or Satisfaction for the same, albeit this Deponent and the Sheriff's Bailiffs by virtue of the said last Order did demand of them the Tithe in Kind, or Satisfaction for the same; but the said Edbrooke, Tucker, and Williams, did and still do absolutely refuse to yield Obedience unto the said Lords last Order, or to give the said George Trenchard Satisfaction for their said Tithe.

Jur. 7 Die Januarii, 1647.

John Page."

Order for selling Worcester House to the E. of Salisbury.

"Ordered, by the Lords and Commons in Parliament assembled, That Power be given to the Trustees, Contractors, and other Officers, employed in the Sale of Bishops Lands, to proceed in the same Manner, in surveying, contracting for, making Sale of, and conveying after Sale, the Mansion-house situate and being in The Strand, commonly called Worcester House, together with the Gate-house, being next the Street, and the other Tenements situate and being between the said Gate-house and Salisbury House, to the Earl of Salisbury, as they do observe and pursue in the Sale and Conveying of other Lands and Houses, late the Possessions of the late Archbishops and Bishops."

Pardon for Prisoners in Newgate.

"The Lords and Commons assembled in Parliament do order and agree unto the Pardon signed by Sir John Wollaston Knight, with other Justices of London and Middlesex, for pardoning of divers Prisoners remaining in the Gaol of Newgate, some whereof were formerly reprieved, and left in the said Gaol, and spared from Execution; and some their Facts being small, and their First Offences; and other the Evidence doubtful; whom the said Sir John Wollaston and the rest of the Justices of the Peace spared from Execution, certifying them to be fit Subjects of Mercy."

Gen. Mytton to be V. Adm. of N. Wales.

Ordered, by the Lords in Parliament assembled, That Major General Thomas Mitton (who hath done much faithful Service to the Parliament) be Vice Admiral of North Wales.

Adjourn.

House adjourned till 10^a cras.