House of Lords Journal Volume 10: 4 February 1648

DIE Veneris, 4 die Februarii.

PRAYERS, by Mr. Byfield.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

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

(fn. 1) Vote for securing King entered Yesterday.

That they agree to the Order for pressing of Mariners; they agree to the Votes, with the Alteration, concerning the better securing of the King, and to the Ordinance for Mr. Stronge to be Minister of St. Dunstan's in the West, and to the Ordinance for making Mr. Sumerscales Comptroller of the Customs of Hull, and to the Ordinance concerning Mrs. Hylord: (Here enter the several Ordinances.) To all the rest, they will take them into Consideration, and send an Answer by Messengers of their own.

Smart's Order.

An Order concerning Mr. Peter Smart, was presented to the House, and read, and approved of. (Here enter it.)

Knighton and Bullock, in Error.

Ordered, That the Writ of Error between Knighton and Bullocke shall be argued, at this Bar, on Wednesday Morning next.

Sir N. Brent & al. and the Inhabitants of Gedney.

Ordered, That the several Petitions of Sir Nathaniell Brent and others, and the Affidavits, are hereby referred to Mr. Justice Bacon and Mr. Justice Godbold, to examine the Time when the Petitioners were put out of their Possession of the Common by the Inhabitants of Gedney, and the Manner of it, and how long they were in quiet Possession before they were put (fn. 2) out; and, upon hearing the Parties on both Sides, to report the same to this House.

Ordinance for repairing Churches.

The Ordinance concerning the Repairing of Churches, was read the First Time, and ordered to be read again To-morrow,

Message to the H. C. with Dr. Smith's Ordinance, and the Report, &c. about Mrs. Hall's Allowance;—and to remind them of Pringle's Ordinance, and Thornton's Order.

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

1. To deliver to them the Ordinance concerning Doctor Smyth, and desire their Concurrence therein.

2. To put them in mind of Mr. Pringle's Ordinance.

3. To deliver to them the Report from the Committee of Lords and Commons for Sequestration, concerning Mrs. Eliz. Hall, Wife to Doctor Hall.

4. To put them in Mind of Mr. Thornton's Order.

Villiers, a Pass.

Ordered, That Mr. Edward Villiers, with his Servants George Hill and Henry Eggleston, shall have a Pass, to go into France.

Sir D. Watkins and the E. of Bridgewater.

Upon reading the Petition of Sir David Watkins: It is Ordered, That the Earl of Bridgwater have Notice, "That whereas divers Petitions from Sir David Watkins have been presented to this House, their Lordships desire his Lordship would take some Course to give the Petitioner Satisfaction for his just Debt; or else the Lords will be necessitated to proceed in some such Way, for the Relief of the Petitioner, as may not be so suitable to their Lordships Desires."

Inhabitants of The Strand, Petition against the Number of Hackney Coaches standing there.

Upon reading the Petition of the Shopkeepers in The New Exchange, and the Inhabitants of The Strand; complaining of "the great Prejudice that they sustain, by the Multitude of Hackney Coaches that are continually standing in the Streets thereabouts:"

It is Ordered, That Mr. Throgmorton shall attend Mr. Justice Bacon and Mr. Justice Roll with this Petition; who are to consider of it, and report to this House To-morrow what Course they think fit to be taken to prevent this Inconveniency.

Ordinance for Somerscales to be Comptroller of the Customs at Hull.

"The Lords and Commons assembled in Parliament, taking into their Considerations the Faithfulness, Diligence, and Experience, of Thomas Somerscales Gentleman, in the Execution of the Place of Comptroller of the Customs in the Port of Kingston upon Hull, for about Four Years now last past, do ordain, That the said Thomas Som'scalls shall have, hold, and enjoy, the said Office, together with all Fees, Profits, and Benefits, thereunto belonging, in the Place of William Thorneton Gentleman, late Comptroller there, so long as he shall well demean himself therein, any Law, Statute, or other Thing, to the contrary, in any Wise notwithstanding; and that, upon a Certificate under the Hand of the King's Remembrancer in the Exchequer, or of One of the Barons of the said Court, That Security is given for the faithful Execution of the said Place, the Clerks of the Petty Bag, or one of them, do prepare and ingross, in usual Form, a Grant from His Majesty, by Advice of His Parliament, of the said Office and Premises, unto the said Tho. Somerscales, to be passed under the Great Seal of England, in as ample Manner and Form as the said William Thorneton, or any other Comptroller or Comptrollers of the Customs within the said Port, have at any Time heretofore held and enjoyed the same; which said Engrossmem or Grant, so prepared, the Commissioners for the Custody of the Great Seal of England for the Time being are hereby authorized and required to pass under the said Great Seal accordingly; for all which, this present Ordinance, or the Duplicate thereof, shall be a sufficient Warrant."

Ordinance for Mrs. Highlord's Recognizance to be vacated, for Payment of a Debt due to Nott from Wayte, which she has paid for the Use of the State.

"Whereas Mrs. Katherin Highlord, in Pursuance of an Ordinance of Parliament, of the Sixteenth of April, 1647, hath paid, unto the Committee of Lords and Commons for Advance of Money at Habberdashers Hall, the Sum of Twelve Hundred Pounds due unto one Roger Nott, from Francis Waite of Keythorpe, in the County of Leicester, Esquire, by Recognizance of Twenty-four Hundred Pounds; and forsomuch as by the said Ordinance it is ordained, That, upon Payment of the said Sum, the said Mr. Waite and Mrs. Highlord, their Heirs, Executors, and Administrators, shall be saved harmless of and from the said Debt so due by Recognizance, and of and from all Recognizances, Statutes, Judgements, Bonds, and other Security, given for the same, or any Part thereof; and that the same shall from thenceforth be vacated, and for ever made void, to all Intents and Purposes whatsoever: It is hereupon Ordered, by the Lords and Commons assembled in Parliament, That William Lenthall Esquire, Master of the Rolls, be desired, and is hereby required and authorized, to vacate the said Recognizance, in Pursuance of, and according to, the said Ordinance of Parliament, and this present Ordinance in that Behalf."

Order for Mr. Smart to receive his Arrears due from the Dean and Chapter Lands of Durham.

Upon reading the humble Petition of Peter Smart; complaining, "That there is about Five Hundred Pounds Arrear unto him, out of the Receipt of the Dean and Chapters Rents at Durham, whereof Two Hundred Sixty-six Pounds, Six Shillings, and Eight Pence is Arrear since the Order of the 22th of May, 1646, of his Stipend and Dividend, as formerly due unto him, not yet satisfied and paid to your Petitioner, by Gilbert Marshall and Anthony Smith, Receivers of the said Rents, according to the said Order, notwithstanding their own Certificates acknowledging the same to be due; and Two Hundred and Four Pounds due from one Burwell and Heath, by virtue of the said Order; whereby he is in great Want, which is principally occasioned because he hath not received of the said Rents as formerly, it having been his in Right of his Prebend, to which he was restored, with all Rights and Privileges thereunto belonging, by Order of this Honourable House, in June, 1641; and further complaining, that Writs issue out of the Exchequer, against his Lands in the Country, for Fines formerly imposed upon him by the Commission:"

It is therefore Ordered, by the Lords assembled in Parliament, That Gilbert Marshall and Anthony Smith do forthwith, upon Sight hereof, pay, or cause to be paid, to the said Mr. Smart, or his Assigns, the Sum of Two Hundred Twenty-two Pounds for his own proper Use, and the Remainder of all other Arrears One Hundred Thirty-three Pounds, Six Shillings, and Eight Pence per Annum, due to the said Mr. Smart for his Stipend and Dividend, as formerly, unto Mrs. Katherin Oxenbridge, or her Assigns, notwithstanding any Pretence, Delay, or Colour whatsoever, whereby the Wants of the said Mr. Smart may be relieved, and the Monies lent to him and for his Use by the said Mrs. Oxenbridge and other the Creditors, specified in a Schedule annexed, upon the Credit of the said Order of the 22th of May, 1646, may be satisfied and paid; and, for Default of such Payment, the Sheriff of the County Palatine of Durham, or the Commander or Commanders in Chief of the Parliament Forces, are hereby ordered and required to be aiding and assisting to the said Mr. Smart and Mrs. Katherin Oxenbridge, or their Deputies, for her, the others Creditors, and Mr. Smart's Use, to levy and distrain the Lands and Goods of the said Gilbert Marshall and Anthony Smith, for the full Payment of all the Arrears of the said Mr. Smart's Stipend and Dividend, as well the Remainder of the Four Hundred Eighty Pounds out of the Arrears of the Two Hundred Sixty-six Pounds, Six Shillings, and Eight Pence, due since the said Order of the 22th of May, 1646; and likewise to levy and distrain the Lands, Goods, and Offices, of the said Burwell and Heath, their Tenants, and others in Possession thereof for their Uses, for the Payment of the said Two Hundred Four Pounds, due to the said Mr. Smart as aforesaid; and for their so doing, this shall be their Warrant: And it is hereby further Ordered, That Mr. Smart and his Deputies be Receivers and Treasurers of the Rents and Profits of the said Dean and Chapters Lands, as formerly, during his Life; and that the said Gilbert Marshall and Anthony Smith do, upon Sight hereof, surcease intermeddling in the said Receipt, and do give up a true and perfect Accompt of all the Monies they have received out of the said Lands, and do pay unto the said Mr. Smart, his Deputy and Deputies, all the Sum and Sums of Money remaining in their or One of their Hands out of the said Receipt, for the Use of the State, to the End the said Mr. Smart, his Deputy or Deputies, may issue out the same from Time to Time, according to the Orders and Directions of this present Parliament, himself and Officers being paid as formerly: And lastly it is Ordered, That the Barons of the Exchequer do, upon Sight hereof, discharge, or cause to be discharged, gratis and without Fees, all Issues and Process, Charge and Charges, against the said Mr. Smart, out of the Court, for or by reason of any Fines imposed upon him by the High Commissioners aforesaid.

"A Particular of the Debts secured and lent to Mr. Smart, upon the Credit of the Order of the 22th of May, 1646.

Order to continue the Ordinance for pressing Mariners.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Ordinance, dated 7 Februarii, 1645, for impresting of Mariners for the Service of the Fleet, be continued, and remain in Force, in all the (fn. 3) Clauses and Parts thereof, both as to the Ships now abroad, and those which shall be hereafter set forth for the Parliament's Service, until the First Day of January, 1648."

Ordinance for Strong to be Vicar of St. Dunstan's in the West.

"Whereas the Right Honourable Edward Earl of Dorsett, upon the Death of James Marsh Doctor in Divinity, late Vicar of the Church of Dunston's in The West, London, did, on the 14th of January, 1643, present Andrew Perne, Master of Arts, unto the said Vicarage, who, making Scruple of receiving Institution and Induction from the Bishop, obtained an Order of the Committee of plundered Ministers of holding and enjoying the said Vicarage and Profits thereof under Sequestration; so that, he being not instituted and inducted, the said Vicarage became in Lapse, it being above the Value of Twenty Pounds per Annum: And whereas the said Mr. Perne hath resigned all his Right and Interest in the said Vicarage, to the Intent that William Stronge Clerk, Master of Arts, a Member of the Reverend Assembly of Divines, might succeed the said Andrew Perne; and whereas also the said Earl of Dorsett hath conveyed the Advowson and perpetual Patronage to the said Church of Dunston's in the West unto Trustees, for the Benefit of the said Parish, the Inhabitants whereof, having had a plentiful Experience of the Piety, Learning, and abundant Labour, of the said William Stronge, in the Ministry, have chosen him to be their Pastor, who notwithstanding cannot be presented unto the said Vicarage by the said Trustees, in respect of the said Lapse: Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the said William Stronge be Vicar of the said Church of Dunstan's in the West, and shall have, hold, and enjoy, all the Tithes, Houses, Profits, and Emoluments, unto the said Vicarage belonging, from Michaelmas last past, when the said Mr. Perne left the said Vicarage, in as full and ample Manner as the said Mr. Perne, Doctor Marsh, or any former (fn. 4) Vicar there, hath had, held, and enjoyed; and that the Commissioners for the Great Seal of England be hereby required to pass a Presentation unto him, under the said Great Seal, accordingly."

Adjourn.

House adjourned till 10^a cras.