House of Lords Journal Volume 10: 9 March 1648

DIE Jovis, 9 die Martii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Countess of Lyndsey, Privilege, in Rellison's Suit against Johnson her Tenant.

Whereas Christopher Rellison hath commenced a Suit against John Johnson, for a House and Land, in Upper Tainton, in the County of Lyncolne, where he holdeth as Tenant to the Right Honourable Eliz. Countess of Lindsey; it is desired, there may be no further Proceedings during this Parliament in the said Suit.

It is Ordered, That the said Eliz. Countess of Lyndsey shall have the same Privilege as other Dowagers have had.

Privilege of Dowagers.

Ordered, That the Committee of Privileges shall report to this House, on Saturday next, whether Privilege of Parliament do by Right extend to Dowagers.

Message from the H. C. with additional Instructions for the Commissioners in Scotland.

A Message was brought from the House of Commons, by Sir Wm. Armyn Baronet; who brought up additional Instructions, to be sent to the Commissioners residing now in Scotland, wherein their Lordships Concurrence is desired: And for the making the Evidence appear, he brought up a Printed Book, with the Leaves turned down where the most eminent Places are.

The Answer returned was:

Answer.

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

Oliver Cromwell's Ordinance for 2500£. per Annum.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance for settling upon Lieutenant General Oliver Crumwell Two Thousand Five Hundred Pounds per Annum, out of the Earl of Worcester's Estate.

The House being resumed;

The said Ordinance was read the Third Time, and Agreed to. (Here enter it.)

Fulthorpe to be Sheriff of Durham.

An Ordinance for Clement Fulthrope Esquire to be High Sheriff of the County of Durham, was read, and Agreed to. (Here enter it.)

Additional Instructions for the Commissioners in Scotland.

The additional Instructions to be sent to our Commissioners in Scotland, were read, and debated.

And it is Ordered, That this ensuing Letter, shall be written to the Lord Mayor of London, by the Speaker; (videlicet,)

Letter to the L. Mayor, to send Copies of Letters from the General Assembly or other Persons in Scotland.

"My Lord,

"The Lords in Parliament assembled, having seen a Copy of a Letter, dated "From St. Androis, 27 Januarii, 1646," subscribed "Your Most Loving and faithful Friends, Crayford Lyndesey, President of Parliament," directed, "For the Right Honourable the Lord Mayor, Aldermen, and Common Council, of the City of London;" And another Copy of a Letter, dated, "Edinburgh, 18 Junii, 1646," subscribed, in the Name of the General Assembly, by the Moderator, "Robert Blarr, Moderator," directed, "To the Right Honourable the Lord Mayor, Aldermen, and Common Council, of the City of London:" Their Lordships have commanded me to desire, that your Lordship would forthwith let them know, whether the City of London hath received any other Letters from the Kingdom of Scotland, or from the Assembly of the Church of Scotland, or the Commissioners of either, before these Two Letters or since, during the Time of these Troubles. If any such have been sent, your Lordship is desired to send authentic Copies of them to the Lords in Parliament. This is all I have at this Time; only rest

"Your Lordship's

"Friend and Servant."

Ordinance for 2500£. per Annum for Lieutenant General Oliver Cromwell, out of the E. of Worcester's Estate.

"Whereas the Lords and Commons assembled in Parliament, taking into Consideration the great and faithful Services performed unto this Kingdom by Oliver Cromwell Esquire, Lieutenant General of the Horse in the Army under the Command of Sir Thomas Fairefax, for the Encouragement of him and others in the like faithful Discharge of the Public Service, wherein they were or should be intrusted, have resolved (for the better Support of him the said Oliver Cromwell, and of his Family and Posterity) to settle, upon him and his Heirs, Manors, Lands, and Tenements, of the clear Yearly Value of Two Thousand Five Hundred Pounds, above all Charges and Reprises: And whereas, in Part of Performance thereof, the Lords and Commons, by an Ordinance of the 7th of February, in the Year of our Lord 1645, did order and ordain, That the said Oliver Cromwell should have and enjoy, to him and his Heirs, the Manors of Charleton, Clanfeild, and Blendworth, in the said County of South'ton, the Manors, Lands, Tenements, and Hereditaments, of Henry late Earl of Worcester since deceased, Edward Lord Herbert of Ragland now Edward Earl of Worcester, and called also by the Name of Edward Earl of Glamorgan, and of Sir Charles Somersett Son to the said Henry late Earl of Worcester, or One of them, in the Parishes, Fields, and Territories, of Catherington, within the said County of South'ton, which said Manors, Advowsons, Lands, and Tenements, late were the said Henry late Earl of Worcester's, Edward Lord Herbert's, and Sir John Somersett's, Two of the Sons of the said Henry late Earl of Worcester; and all other the Manors, Lands, Tenements, Tithes, Advowsons, and Hereditaments, of them, the said Henry late Earl of Worcester, and of Edward Lord Herbert of Ragland now called Earl of Glamorgan, and of Sir John Somersett, or any of them, within the said County of South'ton; to have and to hold the said Manors, Advowsons, Tithes, Lands, Tenements, and Hereditaments, and the Reversion and Reversions, Remainder and Remainders thereof, with the Appurtenances, unto him the said Oliver Cromwell, his Heirs and Assigns for ever, as in and by the said Ordinance, whereunto Relation being had, doth at large appear: Now, in further Performance of their said Resolutions, the Lords and Commons do order and ordain, and it is hereby Ordered and Ordained, That the said Oliver Cromwell shall have and enjoy the Manors of Tyddenham and Wolleston, in the County of Gloucester, with their and every of their Rights, Members, and Appurtenances; the Advowson and Right of Patronage to the Churches of the Parishes of Tyddenham and Wollaston, in the said County of Gloucester; the Manors and Lordships of Chepstowe and Magor, with their and every of their Rights, Members, and Appurtenances, situate, lying, and being, in the several Towns, Parishes, Fields, and Territories, of Chepstow, Magor, St. Brides, Gouldcliff, Wash, Whilston, Redwicke, Christ Church, Langston, Penhouse, Shernewton, Pewterry, Mounton, and Car went, in the County of Monmouth; the Advowson and Right of Patronage to the Churches of the said Parishes of Chepstowe and Magor; in the said County of Monmouth; and all those Lands, Tenements, and Hereditaments, called and known by the Name or Names of the Manors and Lordships of Gower, Swansey, Kythall, Longher, Oistermouth, Liniccon, Pennard, Trisday, and Kilvey, with their and every of their Rights, Members, and Appurtenances, in the County of Glamorgan; the Advowson and Right of Patronage of the Churches of Gowar and Swansey, in the County of Glamorgan; all which said Manors, Advowsons, Lands, and Tenements, lately were Henry late Earl of Worcester' deceased, who was a Popish Recusant, and hath borne Arms against the King, Parliament, and Kingdom, in the late unnatural War; and now or lately were the said Edward Earl of Worcester' called by the Name also of Edward Earl of Glamorgan, the Lord Herbert' Son and Heir Apparent the said Edward Earl of Worcester, Sir Charles Som'sett' Son to the said Henry late Earl of Worcester, or of One of them; which said Edward Earl of Worcester, Lord Herbert Son and Heir Apparent of the said Edward Earl of Worcester, and Sir Charles Som'sett Son to the said Henry late Earl of Worcester, are Popish Recusants, and have borne Arms against the King, Parliament, and Kingdom, in the late unnatural War; to have and to hold the said Manors, Advowsons, Tithes, Lands, Tenements, Hereditaments, and Premises, and the Reversion and Reversions, Remainder and Remainders thereof, with the Appurtenances, unto the said Oliver Cromwell, his Heirs and Assigns, for ever; and shall have and receive all the Rents, Issues, and Profits, of the said Manors, Lands, and Premises, from the 26th Day of March, 1647; saving to all and every Person and Persons, Bodies Politic and Corporate, other than the said Edward Earl of Worcester, Lord Herbert Son and Heir Apparent of the said Edward Earl of Worcester, and Sir Charles Som'sett Son of the said Henry late Earl of Worcester, or any other that have or claim any Estate to the Use or in Trust for them the said Edward Earl of Worcester, Lord Herbert Son and Heir Apparent of the said Edward Earl of Worcester, and Sir Charles Som'sett Son of the said Henry late Earl of Worcester, or of any other Popish Recusant that have borne Arms against the Parliament or Kingdom in this late unnatural War, all such Right, Title, and Interest, of, in, and to, the said Manors, Lands, Advowsons, and Premises, or any of them, as they or any of them had the 20th of May, 1642; any Thing in this Ordinance contained to the contrary in any Wise notwithstanding: And Oliver St. John Esquire, His Majesty's Solicitor General, is hereby authorized and required to prepare a Bill, in usual Form, containing a Grant of the Premises unto the said Oliver Cromwell and his Heirs, according to the Tenor of this Ordinance, with such further Clauses and Non obstantes as (according to the Tenor of this Ordinance) may be necessary for the Security of the said Oliver Cromwell and his Heirs in the Premises; which Grant, so prepared, the Commissioners of the Great Seal of England are to pass under the said Great Seal, in usual Form, accordingly: For which, this present Ordinance, or the Duplicate thereof, shall be their sufficient Warrant."

"An Ordinance of the Lords and Commons assembled in Parliament, whereby Clement Fulthroppe Esquire is appointed and authorized to be High Sheriff of the County Palatine of Duresme and Sadberge; and for regulating some other Things concerning the said Office, and Supply of Justice in that County.

Ordinance for Fulthrop to be Sheriff of Durham.

"The Lords and Commons, heretofore taking into Consideration the Necessity of appointing an High Sheriff for the County Palatine of Duresme and Sadberge, for that heretofore all Writs and Process out of the Exchequer and some other Courts at Westm'r were directed to the Bishop himself, who made a Mandate thereupon to the Sheriff to proceed therein, according to the Command and Direction of such Writ or Process; and Writs and Process issuing out of the Chancery at Duresme, and other Courts there, were directed immediately to the Sheriff of that County, which Sheriff was heretofore appointed by the said Bishop of Duresme for the Time being, and not in such Courts as other Sheriffs of other Counties of this Kingdom are; did, by an Ordinance of Parliament, in or about the 9th Day of February, 1646, appoint and authorize Sir Richard Belasis Knight, to be Sheriff of the said County for One whole Year, which is now expired: Therefore the said Lords and and Commons now in Parliament assembled, for putting the said County of Duresme into the same Course that other Counties in this Kingdom are, and that the Sheriffs of that County of Duresme may from hence forth begin to take their Office when all other Sheriffs do begin, do think fit to order and ordain, and be it Ordered and Ordained by the said Lords and Commons, That, from and after the Tenth Day of March, 1647, the said Ordinance, bearing Date the said Ninth Day of February, 1646, for making the said Sir Richard Belasis Knight High Sheriff of the said County of Duresme, shall from thenceforth cease and determine: And the said Lords and Commons do further order and ordain, and be it hereby Ordered and Ordained, That Clement Fulthropp Esquire shall be, and is hereby, authorized and appointed to be Sheriff of the said County; and do commit unto him the said Clement Fulthropp the Office of Sheriff, and the Custody of the said County Palatine of Duresme and Sadberge; to have and execute the same for and during the Space of One whole Year next after the said Tenth Day of March, 1647, in as large and ample Manner as any other Sheriffs of any other County of this Kingdom may or ought to do in their respective Counties: And the said Lords and Commons do further ordain, That the Commissioners of the Great Seal of England shall issue out a Commission, under the Great Seal, unto Christopher Fulthropp, Thomas Bowes, Richard Lilburne, George Lilburne, Esquires, or any Two of them, to minister unto the said Clement Fulthropp the usual Oath for the due Execution of the Office of the said Sheriff; and the said Commissioners are hereby authorized and commanded to return in the said Commission to them directed, and the Execution thereof, into the Chancery of England, there to remain of Record, which shall be a sufficient Discharge to them the said Commissioners, and every of them, in that Behalf: And whereas, by a Statute made at Westminster, the Fourth Day of February, in the 31th Year of the Reign of the late Queen Elizabeth of Famous Memory, Proclamation upon all Writs of Exigent, against any Person or Persons dwelling within the County Palatine of Duresme, are to be directed to the Bishop of Duresme for the Time being, and, during the Vacation of the Bishopric, then to the Chancellor of the said Bishopric or County Palatine for the Time being, and not to the Sheriff of any other Shire next adjoining to the said Bishopric or County Palatine; it is hereby Ordered and Ordained, That, all Proclamations upon Exigents, against any Person or Persons dwelling within the said County Palatine, shall be directed immediately to the said Sheriff; and the said Sheriff is hereby required and authorized to cause Proclamations to be made of the same Writs of Proclamation, according to the Tenor of the same; and shall make true Return of the same, in such Court or Courts, and before such Justices, as the Tenor of the same Writ and Writs of Proclamation shall require and demand; the said Statute of Queen Elizabeth, or any other Matter or Thing to the contrary thereof, in any Wise notwithstanding: And it is further Ordained, by the said Lords and Commons, That all Writs of special Capias Utlegatum, single Capias Utlegatum, De non molestando, and all other Process and Writs issuing out of any the Courts at Westminster, for or against any Person or Persons resiant within the said County Palatine, shall and may from henceforth be directed, from Time to Time, to the said Sheriff immediately, who shall do therein, and make such Returns thereupon, as other Sheriffs of any other County not being County Palatine have heretofore used, or might do: And be it further Declared, That this Ordinance, nor any Thing herein contained, is to be construed otherwise than by Way of Provision, until some other Course for settling of the said County Palatine of Duresme shall be taken by the Parliament; and that this Ordinance, nor any Thing therein contained, shall be in Force beyond the 10th of March, in the Year of our Lord 1648 only, and no longer: And it is lastly Ordained and Declared, That as well the said Clement Fulthroppe in the Execution of his said Place and Office, as also all other Officers and Persons that shall do any Thing by Virtue and in Execution and Pursuance of this Ordinance, and of the Power therein contained, and according to the Direction of the same, shall be kept harmless and indemnified, by the Authority and Power of both Houses of Parliament."

Message to the H. C. with the Ordinance to export Wool to Guernsey.

A Message was sent to the House of Commons, by Dr. Bennett, &c.

To desire their Concurrence in the Ordinance to transport a small Quantity of Wool to the Isle of Guernsey, to set the Poor there on Work.

Adjourn.

House adjourned till 10^a cras.