Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 10: 3 April 1648', in Journal of the House of Lords: Volume 10, 1648-1649( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol10/pp167-177 [accessed 17 November 2024].
'House of Lords Journal Volume 10: 3 April 1648', in Journal of the House of Lords: Volume 10, 1648-1649( London, 1767-1830), British History Online, accessed November 17, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol10/pp167-177.
"House of Lords Journal Volume 10: 3 April 1648". Journal of the House of Lords: Volume 10, 1648-1649. (London, 1767-1830), , British History Online. Web. 17 November 2024. https://prod.british-history.ac.uk/lords-jrnl/vol10/pp167-177.
In this section
DIE Lunæ, 3 die Aprilis.
PRAYERS, by
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Comes Warwicke. Comes Mulgrave. Comes Salisbury. Comes Denbigh. |
Ds. North. Ds. Grey. Ds. La Warr. Ds. Howard. Ds. Wharton. |
Report of the Conference on Religion;— concerning the Confession of Faith.
The Speaker reported the late Conference with the House of Commons, concerning the Confession of Faith; wherein they have, upon Consideration of the Doctrinal Part of it, made some Alterations: As for the Part concerning Discipline, the House of Commons have it now under Commitment, and not reported; and in regard it will require some further Time to consider of it, they have thought it fit not to deprive the Kingdom any longer from the Doctrinal Part of it; but desire it may be published, if their Lordships agree to the said Alterations, wherein the House of Commons desires Concurrence.
Ordered, That this Business shall be taken into Consideration on Wednesday come Sevennight.
Report from the Admiralty Committee concerning Bard;
A Report from the Committee of the Admiralty, concerning Mr. Henry Bard, was read; and ordered to be sent to the House of Commons for their Concurrence. (Here enter it.)
and about Sir P. Killegrew.
A Report from the Committee of the Admiralty was read, concerning Sir Peter Killegrew. (Here enter it.)
And it is Ordered, That he have a Pass, as is desired; and sent to the House of Commons for their Concurrence.
Orders and Ordinances passed.
The Order concerning the Cause between Allen and Baker, was read, and passed. (Here enter it.)
The Order for allowing Four Pounds per Week to the Lady O Bryan, was read, and passed.
(Here enter it.)
The Ordinance for uniting several Churches in Glocester, was read, and passed. (Here enter it.)
The Ordinance concerning abating Sir Richard Vivian Three Hundred Pounds of his Fine, was read, and passed. (Here enter it.)
L. Molineux's Ordinance.
The Ordinance for taking off the Sequestration of the Lord Mollineux, was read.
Likewise a Petition from the Lord Mollineux was read; and Ordered, That the passing of the said Ordinance be respited until a Certificate come from Gouldsmithes (fn. 1) Hall of the Matter alledged in the Petition.
Preachers at the Fast thanked.
Ordered, That Mr. Sedgwicke and Mr. Sterry shall have Thanks returned them, for their Sermons the last Fast-day before the Lords, and desired to print and (fn. 2) publish their Sermons.
Preachers at the next.
Ordered, That Mr. Vynes and Mr. Stronge are appointed to preach before the Lords, the next Fast-day, at Martin's Church in the Feilds.
Ordinances to clear the following Persons of their Delinquency.
Next, these Ordinances of Delinquents Compositions, were read, and passed; videlicet,
Message from the H. C. with Ordinances and Orders; —about the Impeachment of the Four Aldermen;— and to expedite Fowke's Ordinance.
A Message was brought from the House of Commons, by Sir Henry Myldmay Knight; who brought up divers Particulars, wherein their Lordships Concurrence is desired:
1. An Ordinance for settling the Jurisdiction of the Court of Admiralty.
Read Twice; and ordered to be considered of Tomorrow Sevennight, by the Committee of the whole House; and all the Judges then in Town to attend the House.
2. An Ordinance for appointing of Alderman Andrewes and Mr. Maurice Thompson Treasurers of the Assessments for Ireland. (Here enter it.)
Read, and Agreed to.
3. An Order giving Power to the Trustees for Sale of Bishops Lands (fn. 3) to the Contractors, in Lieu of their Salaries.
Read, and committed to these Lords following:
Any Three; to meet To-morrow, at Nine a Clock.
4. An Order for Five Hundred Pounds for Bridgett Farrer. (Here enter it.)
Agreed to.
5. An Ordinance for taking off the Delinquency of Walter Thomas Esquire.
6. To desire their Lordships would please to expedite the Impeachment against the Four Aldermen, and desire they may be brought to a speedy Trial.
Ordered, That the Impeachments shall be read Tomorrow Morning.
7. To desire their Lordships would give Expedition to the Ordinance for making Walter Fowke Receiver of the Revenue in the County of Yorkshire.
The Answer returned was:
Answer.
That this House agrees to the Ordinance concerning Bridgett Farrer, and to the Ordinance concerning Ireland: To all the rest, their Lordships will send an Answer, by Messengers of their own.
Committee, &c. of Kent, Indemnity Ordinance.
The Ordinance of Indemnity for the Committee of Kent, was read, and ordered to be considered of Tomorrow Morning.
E. of Denbigh's Arrears to be paid.
The Accompt of the Earl of Denbigh was read: (Here enter it.) And Ordered, To be sent down to the House of Commons, with special Recommendations, that some Course may be taken for the speedy Payment of the Arrears due to his Lordship.
Message to the H. C. about it, and to remind them of the E. of Ormond's Business.
A Message was sent to the House of Commons, by Doctor Heath, and
1. To deliver to them the Paper of the Earl of Denbigh's Accompt, with special Recommendations, that a speedy Course may be taken to pay him his Arrears.
2. To put them in Mind of the Earl of Ordmond's Business.
Letter from the Commissioners in Scotland.
A Letter, with Papers inclosed, from the Commissioners in Scotland, were read. (Here enter them.)
Bland and Fowke.
The Report from the Committee for the Revenue, of the true State of the Business between Bland and Fowke, was read. (Here enter it.)
Ordered, That Mr. John Blande shall appear Tomorrow Morning, to be heard what he can say for himself, why the Ordinance shall not pass.
Nevill to be instituted to Stawie.
Ordered, That Doctor Heath give Institution and Induction unto Edward Nevill Clerk, Batchelor (fn. 4) of Arts, to the Rectory of Stawie, alias Stowden, in Com. Suff. void by the Death of John Greenwood, last Incumbent; salvo Jure cujuscunque: Mr. Tho. Nevill and Mr. Jo. Jorden, Patrons.
Ordinance to clear Bithurst of his Delinquency.
"Whereas Edward Bathurst, of Leechlad, in the County of Gloucester, Esquire, hath by both Houses of Parliament been admitted to his Fine of Seven Hundred and Twenty Pounds, he having adhered unto and assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General [ (fn. 5) to prepare a Pardon] to the said Edward Bathurst, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Six and Twentieth of February, 1646, with an Exception of the Right or Estate of the said Edward Bathurst in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Edward Bathurst from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Edward Bathurst shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Hall, D°.
"Whereas Christopher Hall, of Newsham, in the County Palatine of Durham, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Four Hundred and Threescore Pounds, he having deserted his Dwelling, and lived in the Enemy's Quarters: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Christopher Hall, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, (fn. 5) and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 2d Day of March, 1646, with an Exception of the Right or Estate of the said Christopher Hall in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Christopher Hall from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Christopher Hall shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Walrond, D°.
"Whereas William Walrond, of Wells, in the County of Som'sett, Esquire, hath by both Houses of Parliament been admitted to his Fine of Six Hundred and Thirty Pounds, he having assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said William Walrond, for his said Offence, in such Form as is agreed by both Houses for Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 31th Day of July, 1646, with an Exception of the Right or Estate of the said William Walrond in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel: which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said William Walrond from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said William Walrond shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Hippesley, D°.
"Whereas Gabriell Hippesly, of Little Marlowe, in the County of Bucks, Esquire, hath by both Houses of Parliament been admitted to his Fine of Four Hundred and Fourscore Pounds, he having deserted his Dwelling, and lived in the Enemy's Quarters: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Gabriell Hippesly, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 17th Day of December, 1646, with an Exception of the Right or Estate of the said Gabriell Hippesly in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Gabriell Hippesly from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Gabriell Hippesly shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Sir G. Wentworth and M. Wentworth, D°.
"Whereas Sir George Wentworth, of Woolley, in the County of Yorke, Knight, and Michaell Wentworth his Son, have by both Houses of Parliament been admitted to his Fine of Five Thousand and Fiftytwo Pounds; the Father having deserted the Parliament, and lived in the Enemy's Quarters: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir George and Michaell Wentworth, for his said Offences, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estates for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 20th Day of March, 1646, with an Exception of the Right or Estate of the said Sir George and Michaell Wentworth, in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, that this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir George and Michaell Wentworth from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir George and Michell Wentworth shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Geo. Nevill and Sir Gerv. Nevill, D°.
"Whereas George Nevill, of Awber, in the County of Lincolne, Esquire, and Sir Gervase Nevill his Son, have by both Houses of Parliament been admitted to a Fine of Seven Hundred and Thirty-seven Pounds; they having lived in the Enemy's Garrisons, and assisted them: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said George and Sir Gervase Nevill, for their said Offences, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to them, their Heirs and Assigns, of all their Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 14th Day of April, 1647, with an Exception of the Right or Estate of the said George and Sir Gervase Nevill in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said George and Sir Gervase from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said George and Sir Gervase Nevill shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Calveley, D°.
"Whereas Hugh Calveley, of Lea, in the County of Chester, Esquire, hath by both Houses of Parliament been admitted to his Fine of Forty-five Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Hugh Calveley, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 31th Day of December, 1646, with an Exception of the Right or Estate of the said Hugh Calveley in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Hugh Calveley from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Hugh Calveley shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Harrington, D°.
"Whereas Thomas Harrington, of Booth, in the County of Lincolne, Esquire, hath by both Houses of Parliament been admitted to his Fine of Four Hundred Threescore and Three Pounds, Ten Shillings, he having adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Thomas Harrington, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Fifth Day of March, 1646, with an Exception of the Right or Estate of the said Thomas Harrington in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Thomas Harrington from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Tho. Harrington shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Saltmarsh, D°.
"Whereas William Saltmarsh, of Stubby, in the County of Lincolne, Esquire, hath by both Houses of Parliament been admitted to his Fine of Eight Hundred and Eighty-three Pounds, he having assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Wm. Saltmarsh, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Eleventh Day of February, 1646, with an Exception of the Right or Estate of the said Wm. Saltmarsh in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said William Saltmarsh from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said William Saltmarsh shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Sir R. Vivian, D°.
"Whereas Sir Richard Vivian, of Trellowarren, in the County of Cornwall, Knight, hath by both Houses of Parliament been admitted to his Fine of Six Hundred Pounds, he having been a Member of this present Parliament, and deserted the same, and assisted the Forces raised against it: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Richard Vivian, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Fifth Day of April, 1647, with an Exception of the Right or Estate of the said Sir Richard Vivian in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir Richard Vivian from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Richard Vivian shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Report from the Admiralty Committee, about Mr. Bard's Desire of having his Time lengthned for leaving the Kingdom;
"Die Jovis, 30 Martii, 1648.
"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.
"Whereas the House of Commons, by their Order of the 17th of December last, did refer it to this Committee, to take Security of Mr. Henry Bard, to depart this Kingdom, with his Wife, Children, and Servants, within Ten Days, and not to return, or act any Thing to the Parliament's Prejudice; otherwise that he stand committed, and that such Proceedings shall be had against him as the Houses should think fit: And whereas he gave Security accordingly, the 18th of February last, and had thereupon a Pass, dat. 19 February last, from this Committee, to go beyond Seas within Ten Days from the Date thereof; and hath since prayed his Pass may be renewed, for that, going to Plymouth, and there missing of a Passage for France, the Time limited by his former Pass is expired: Ordered, That Report be made thereof to both Houses of Parliament, that they may be pleased thereupon to give such further Order as they shall in their Wisdom think fit.
"W. Jessop, Secretary."
and for a congratulory Letter to be sent to the Governor of Flanders.
"Die Jovis, 30 Martii, 1648.
"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.
"Whereas both Houses of Parliament did, in May last, order that Sir Peter Killigrew should go over into Flanders, to address a Letter to the Archduke Leopoldus Governor of Flanders (in the Name of both Houses), for congratulating his Highness' Accession to the Regency thereof; which Letter was prepared and signed by the Speakers of both Houses, but not sent, in respect of the public Troubles then ensuing: And whereas the Condition of Affairs at this present, in Point of Trade and Commerce, doth advise the perfecting of some Resolution of that Nature: This Committee doth therefore recommend it to both Houses of Parliament, That the said Sir Peter Killigrew, or such other Person as the Houses shall in that Behalf approve, may be sent, with a Letter congratulatory to his Highness the said Archduke, and a Desire that the ancient and modern Treaties betwixt the Two Crowns may be preserved, for the better facilitating of mutual Trade and Commerce; and (fn. 6) that to the Envoy so to be appointed, such Letters of Credence and Instructions touching the said Points may be given as both Houses shall think meet; or that, at least, a Letter of Excuse may be sent to the said Archduke, in the Name of both Houses, to communicate the Cause why the said intended Address hath not been yet made, if the Houses shall in their Wisdoms so think fit.
"W. Jessop, Secretary."
Letter from Thelwall, the Parliament's Agent there, that the Governor expects the Compliment.
"An Extract of Mr. Peter Thelwall's Letter, Agent from the Parliament, directed to the Right Honourable the Committee of Lords and Commons for the Admiralty and Cinque Ports, from Bruxells, 18 / 28 March, 1648.
"Right Honourable Sirs,
"Sirs, I am informed from a good Hand, that his Highness the new Governor here doth take it ill, that the Parliament have not sent an Extraordinary, to congratulate with him; or that Letter of Excuse is not sent him, as all other neighbouring Princes in Peace with this Country have done. If any Negociation will fall out here, shall not receive that Satisfaction as might be expected, until an Extraordinary or a Letter of Excuse be sent. The said Governor, as is reported, doth go to The Campania the End of the next Month.
"Your most humble and faithful Servant,
"Pieter Thelwall."
Accompt of Arrears due to the E. of Denbigh.
Certificate concerning it.
"To the Right Honourable the Lords and Commons assembled in both Houses of Parliament.
"The humble Certificate of the Committee for taking the Accompts of the whole Kingdom.
"According to an Order of the 25th of September last, we have taken into Consideration the Pay and Entertainment of the Right Honourable Bassill Earl of Denbigh, as Serjeant Major General; and do find, that, from the 12th of June, 1643, the Time his Lordship was appointed by Ordinance of both Houses in Parliament to command in Chief, to the Time of the laying down of his Commission, being the 3d of April last, is Six Hundred and Sixty Days; during all which Time, he saith, he was in actual Service, for which he demands Ten Pounds per Diem according to the Order of this Honourable House, which amounts unto Six Thousand Six Hundred Pounds; out of which is to be deducted One Thousand Twenty-two Pounds, Nineteen Shillings and Nine Pence, that is due from him upon the Foot of his Accompt to the State: So there will remain due to his Lordship, from the Commonwealth, upon that Demand, Five Thousand Five Hundred Seventy-seven Pounds and Three Pence.
"All which we humbly certify; and leave to the Consideration of the Honourable Houses.
10 Octobris, 1645.
Wm. Cockaine. Oliver Clobery. Wm. Gregory. Hen. Hunter. Tho. Hodges. |
Jo. Glover. Jo. Stephens. Tho. Andrewes. Sam. Brinley. |
Letter from the Commissioners in Scotland, that they hear Sir W. Fleming and Sir T. Glemham are there, and with the following Paper.
"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore. These.
Glemham are there; and with the following Paper.
"May it please your Lordship,
"We did Yesterday send to the Parliament here a Paper (principally) concerning Captain Wogan, whereof inclosed is a Copy; and however we do expect a speedy Answer, yet we thought it our Duty to give your Lordship an Account of our Endeavours in Pursuance of your Commands; and withal to acquaint your Lordship, that there is a Holland Man of War come to Leeth, which carries Thirty-eight Guns, wherein came Sir William Flemming. And we are likewise informed, that there is come a French Frigate, in which Sir Thomas Glemham is come hither; whereof if we can get sufficient Testimony, (notwithstanding we hear he hath made his Composition, yet) we shall, according to our Instructions, demand him; being resolved (by God's Assistance), in this and all other Things we have in Charge from your Lordship, to use out utmost Endeavour to approve ourselves,
Edinburgh, 28 Martii, 1648.
"My Lord,
"Your Lordship's
"Most faithful and humble Servants,
"C. Nottingham. Stanford."
Paper from them, to the Parliament of Scotland, about Capt. Wogan's Troop going there.
"Edinburgh, 27 Martii, 1648.
"We have, by the Command, and in the Name, of both Houses of the Parliament of England, several Times made known unto the Parliament and Committee of Estates of the Kingdom of Scotland, that we were sent hither to keep a good Correspondence betwixt both Kingdoms; and that it is the Resolution of both Houses of the Parliament of England, on their Part, to continue and preserve the Union and brotherly Agreement betwixt them, and to remove all Misapprehensions to the contrary (if any such should be); and, in order thereunto, have delivered in to your Lordships several Papers: But, although we have been at Edinburgh since the 8th of February last, yet we have not received a particular Answer to any of them, whereof we are (and both Houses of the Parliament of England have Reason to be) very sensible. At this Time, we being required to return an Account to both Houses of the Parliament of England concerning the Business of Captain Wogan and his Troop, must earnestly press your Lordships to give us your Answer to our Paper concerning him of the 21th of this Instant March; wherein we do not doubt but your Lordships will comply with the Desires of both Houses, it being conform to, and in Prosecution of, the large Treaty betwixt both Kingdoms, and the Acts of Pacification and Oblivion passed by the Parliaments of both Kingdoms.
"By the Command of the Commissioners from the Parliament of England.
Jo. Squibb.
Order for 4 l. a Week for Ly. O Brian.
Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Four Pounds a Week be charged upon the Lord of Worcestr's Estate, now in Sequestration, towards the present Maintenance of the Lady O Brian, until the Houses shall give further Order; and the Commissioners or Committee for Sequestration, and all other Persons whom it doth or may concern, are ordered, from Time to Time, to make Payment of the said Sum of Four Pounds a Week to the said Lady O Brian accordingly; and the Acquittance or Acquitrances of the said Lady O Brian, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge to the said Commissioners or Committee of Sequestrations, or such other Person or Persons as shall pay the same.
Order to abate Sir Rich. Vivian's Fine for his Delinqueney.
Whereas it appeareth, by the General's Letter of the 13th of March last, that Sir Richard Vivian Knight is a Person comprised within the Articles of the City of 'Exeter, of the 9th of April, 1646; and that he ought to have enjoyed his Personal Estate for the Space of Four Months, and to have disposed thereof as he pleased; and whereas it appeareth that, contrary to the said Articles, in and upon the Third of June, 1646, his Stock of Cattle, and other Goods of his, were, by Order of the Committee of Cornwall, taken from him, and that the said Goods so taken from him were worth above Three Hundred Pounds, as appeared upon Oath; and whereas the said Sir Richard Vivian hath compounded for his Delinquency at Gouldsmiths Hall, according to the said Articles of Exeter, and his Composition amounted to the Sum of Six Hundred Pounds, whereof he hath paid Three Hundred Pounds in Hand, and given Security by Bond for the Residue: It is Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Three Hundred Pounds, Residue of the said Fine of Six Hundred Pounds, be deducted out of the said Fine, and allowed unto the said Sir Richard Vivian, in Lieu and full Satisfaction of all his said Goods, Chattel, and Personal Estate, so seized and taken from him as aforesaid; and the said Sir Richard Vivian is hereby acquitted and fully discharged of the Payment of the said Three Hundred Pounds: And the Treasurers at Gouldsmiths Hall are hereby authorized and required to deliver unto him the said Sir Richard Vivian his said Bond entered into for Payment of the said Three Hundred Pounds, and to give him a Discharge for the same, as if it had been paid in to the Treasury at Gouldsmiths Hall by the said Sir Richard Vivian; and this Order shall be a sufficient Warrant and Discharge to the said Treasurers herein, for so doing, and to pass the same upon their Accompt accordingly."
Ordinance for Ald. Andrews and Thompson to be Treasurers for the Monies on the Ordinance of the 16th February, for raising 20,000l. a Month for Ireland.
"Whereas, by an Ordinance of Parliament, of the 16th of February, 1647, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for raising of Twenty Thousand Pounds a Month for the Relief of Ireland, Sir Adam Loftus Knight was appointed and authorized to be Treasurer for the Receipt of all Monies that should be tendered and paid unto him by virtue of the said Ordinance: The Lords and Commons, for weighty Considerations them thereunto moving, do ordain, and be it Ordained by the Authority aforesaid, That Thomas Andrewes Alderman of the City of London, and Maurice Thompson Esquire, be hereby appointed and authorized to be Treasurers for Receipt of Monies on the said Ordinance of the 16th of February, 1647, by themselves or either of them, or their sufficient Deputy or Deputies, at the House of the said Thomas Andrewes, in Lyme Streete, London, to receive all such Monies as shall be collected by virtue of the said Ordinance, and tendered and paid to the said Treasurers, or either of them, or their sufficient Deputy or Deputies; and the said Treasurers shall from Time to Time issue forth those Monies, which shall be brought in by virtue of the said Ordinance, unto such Persons, and in such Manner, for the Service of Ireland, as the Committee of Lords and Commons for the Affairs of Ireland at Derby House shall, by their Orders or Warrants, direct, who are hereby authorized to dispose thereof for the carrying on the War of Ireland, and for other Services tending thereunto, as is more largely expressed in the said recited Ordinance; and the said Treasurers are hereby authorized and required to make such Payments and Allowances to Mr. Gualter Frost Junior, and all other Person and Persons to whom any Allowance is limited by the said Ordinance: And whereas, by the said Ordinance of the 16th of February, the respective Commissioners, in their several Counties and respective Divisions and Limits, were appointed to send up a Duplicate of their several Assessments to the said Sir Adam Loftus, and the several and respective Collectors were appointed to pay all such Monies as they should receive by virtue of the said Ordinance unto the said Sir Adam Loftus, it is Ordained, by the Authority aforesaid, That the said Commissioners shall return the said Duplicates of the said Assessments, within the Time limited in the said recited Ordinance, unto the said Alderman Thomas Andrewes, and Maurice Thompson, or One of them; and that the said Collectors shall pay all such Monies as they shall receive by virtue of the said Ordinance unto the said Thomas Andrewes and Maurice Thompson, or One of them, at the House of the said Thomas Andrewes, in Lyme Streete aforesaid; and the said Treasurers shall give Acquittances for the same, under their or One of their Hands, which Acquittances shall be brought to the said Mr. Gualter Frost, who is, by himself or his sufficient Deputy, to give his Attendance in or near the said Place where the said Treasurers are appointed to receive those Monies, and is to enter the same, immediately after they are brought unto him, in a Book to be kept for that Purpose, and subscribe his Name unto them; and then the same Acquittances shall be sufficient Discharges to the Parties that pay in the said Sums, and not otherwise: And it is further Ordained, That neither the Committee appointed by Ordinance of Parliament for taking and receiving the General Accompts of the Kingdom, nor any Subcommittee by their Direction and Appointment, nor any other Committee or Commissioners, or other Persons whatsoever, other than the Treasurers in this Ordinance mentioned, shall intermeddle with, take, or receive, any Part of the Monies to be collected by virtue of the said Ordinance of the 16th of February last past, to be assessed, levied, or raised, for the Service of the State, in carrying on the War in the Kingdom of Ireland."
Order for 500l. for Mrs. Farrer.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds be bestowed and paid unto Bridgett Farrer, the Widow of Colonel Farrer, to the Use and Behoof of herself and the Children which the said Bridgett Farrer (fn. 7) hath by the said Colonel Farrer; and that the said Sum of Five Hundred Pounds be charged upon, and paid out of, such Delinquents Estates as the said Bridgett Farrer shall discover to the Committee at Habberdash'rs Hall, or the Surplusage of such Delinquents Estates at Gouldsmiths Hall as have concealed any Part of their Estates, and compounded at Under-values: And it is referred to the Committee of Gloucester, to see that this Money be so settled and disposed of, as that the said Children may have the Benefit and Advantage thereof after the Decease of the said Bridgett Farrer; and in the mean Time, that the said Bridgett shall receive the Profits thereof, for the Education of the said Children."
"An Ordinance for uniting certain Churches, and for maintenancing of Preaching Ministers, in the City of Gloucester.
Ordinance for uniting Churches in Gloucester.
"Whereas, in the ancient City of Gloucester, there are many Parishes of very small Yearly Values, consisting of very few Families, unable to maintain Preaching Ministers, and for the most Part served by Singing Men, never bred Scholars, ignorant, scandalous, and of loose Life, whereby the People are kept in much Ignorance: For Remedy whereof, the Mayor and Burgesses of the City of Gloucester, in the County of the City of Gloucester, humbly pray, that it may please the Lords and Commons in this present Parliament assembled, and by the Authority of the same, to order and ordain, and be it therefore Ordered, Declared, and Ordained, by the Authority aforesaid, That, from and after the First Day of May, Anno Domini 1648, the several Churches and Parishes of St. Mary Cript, commonly called Cript Church, and of St. Owen's, pulled down and demolished immediately before the late Siege of Gloucester, and of All Saints, commonly called All Holland Church, in the same City of Gloucester, shall be united, knit together, and consolidated, into One Church, and into One Parish; and that, from thenceforth, all and singular the Inhabitants, which now are, or hereafter shall be, resident and abiding within the Limits and Bounds of the said several Parishes, shall repair and resort unto the Church of St. Mary Cript aforesaid, and be for ever discharged and exempted of and from all Repair and Resort unto any other of the said Churches, and of and from the Cure, Jurisdiction, and Authority, of any other Parson or Curate, and of and from all Taxes, Impositions, Tithes, Oblations, Charges, Offices, and Employments, to, for, or in respect of, any other the said Parishes or Parish Churches in the said City of Gloucester: And that, from and after the said First Day of May, 1648, the several Churches of St. Michaell and of St. Mary Grace, commonly called Graceland Church, and of St. Aldatt's, in the said City, shall be also united, consolidated, and knit together, into One Church and into One Parish; and that, from thenceforth, all and singular the Inhabitants, which now are, or hereafter shall be, resident and abiding within the Limits and Bounds of the said several Parishes, shall resort and repair unto the Church of St. Michaell's aforesaid, and be for ever exempted from the said Churches of Graceland and St. Aldatt's, and from the Jurisdiction thereof, and from the Authority of any other Parson or Curate, and of and from any Tax, Charge, Office, Demand, or Employment whatsoever, to, (fn. 8) for, or in respect of, the said Parishes or Parish Churches of Graceland and St. Aldatt's aforesaid: And that, from and after the said First Day of May aforesaid, the several Churches and Parishes of St. Nicholas and of Trinity, in the said City, shall be likewise united, consolidated, and knit together, into One Church, and into One Parish; and from thenceforth all and singular the Inhabitants, which now are, or hereafter shall be, resident and abiding within the Limits and Bounds of the said several Parishes, shall resort and repair unto the Church of St. Nicholas aforesaid, and be for ever exempted from the said Church of Trinity, and from the Jurisdiction thereof, and from the Cure and Authority of any other Parson or Curate, and of and from any Tax, Office, Demand, or Employment whatsoever, to, for, or in respect of, the said Parish or Parish Church of Trinity aforesaid: And that, from and after the said First Day of May aforesaid, the several Churches and Parishes of St. John's and St. Oswalde's, in the said City, shall be likewise united, consolidated, and knit together, into One Church, and into One Parish; and that from thenceforth all and singular the Inhabitants, which now are, or hereafter shall be, resident and abiding within the Limits and Bounds of the said several Churches, shall resort and repair unto the Church of St. John's aforesaid, and be for ever exempted from the said Church of St. Oswald's, and from the Cure, Jurisdiction, or Authority, of any other Parson or Curate, and of and from any Tax, Office, Demand, Charge, or Employment whatsoever, to, for, or in respect of, the said Parish or Parish Church of St. Oswald's aforesaid.
"And be it Ordered and Ordained, by the Authority aforesaid, That One sufficient able Preaching Minister, to be respectively in every of the said Parish Churches of Cript, St. Michaell's, St. Nichollas, and St. John's, shall be perpetual Parson in the said Parish Churches; and all and every One of them respectively shall be incorporated, and have perpetual Succession, and shall be, by Authority of this Ordinance, enabled to sue, and to be sued, respectively, by the several Names aforesaid, in all Courts and Places within this Realm, and also to purchase, alien, acquire, and demise, in such Manner as other Parsons Perpetual of Parish Churches Presentative within this Realm may do by the Laws and Statutes of this Realm, and no otherwise.
"And be it further Ordered, Declared, and Ordained, by the Authority aforesaid, That the said several Ministers, or Parsons, of Cript Church, St. Michaell's Church, St. Nicholas Church, and St. John's Church aforesaid, shall so hold and enjoy respectively the said several Churches, Church Yards, and all the Lands, Tenements, Annuities, Rents, Hereditaments, Emoluments, and Profits whatsoever, belonging, or in any Wise appertaining, unto the said several Churches beforementioned, according to the Union and Consolidation aforesaid; and also One Annuity, or Yearly Pension, of Fourscore Pounds apiece of lawful Money of England, to be paid Quarterly, by even and equal Portions, unto the several and respective Preaching Ministers and Incumbents of the several and respective Churches of Cript, St. Michaell's, and St. Nicholas; and unto the Preaching Minister and Incumbent of St. John's Church aforesaid, Threescore Pounds per Annum to be paid Quarterly as aforesaid; which said several Annuities and Yearly Pensions shall be from Time to Time duly paid, in Manner as aforesaid, out of all and singular the Manors, Messuages, Lands, Tenements, Hereditaments, and Rents, hereafter mentioned and expressed, by the Mayor and Burgesses of the City of Gloucester and their Successors, according to the true Intent and Meaning of this Ordinance, unto the several and respective Ministers and Incumbents of the said several and respective Churches of Cript, St. Michaell's, St. Nicholas, and St. John's, as aforesaid; whose Receipt or Receipts for the same respectively shall be a sufficient Discharge unto the said Mayor and Burgesses, and their Successors, in that Behalf.
"And it is further Ordained, by the Authority aforesaid, That the Manor of Tufley, and the Yearly Rent thereof, Thirty-six Pounds, Fifteen Shillings; the Manor of St. Hurst, and the Yearly Rent thereof, Twenty-four Pounds, Fifteen Shillings, Six Pence, Ob.; the Site or Farm of the Manor of Abloade, and the Yearly Rent thereof, Twenty-two Pounds, Seven Shillings, Four Pence; which said Manors and Premises are lying and being in the County of the City of Gloucester, and of late belonging to the late Dean and Chapter of the Cathedral or Collegiate Church in the said City of Gloucester; and also the Manor, Site of the Manor, and Rectory, of Churcham, in the County of Gloucester, and the Yearly Rents of them, being Forty-one Pounds, Two Shillings, Six Pence, and Eight Pounds, Three Shillings, Four Pence; the Manor and Rectory of Culne Ailwins, in the County of Gloucester, and the Yearly Rents of them, being Twenty-four Pounds, Three Shillings, Nine Pence, and Ten Pounds, Six Shillings, Eight Pence; and also all the Messuages, Lands, Tenements, and Hereditaments, within the City of Gloucester, and Suburbs thereof, and the Yearly Rents of One Hundred Seventy-six Pounds, Five Shillings, Ten Pence, commonly known to be under One Rent-gatherer or Bailiff, and in Anno Domini 1637 were collected by Mr. Anthony Robinson, now deceased, all which were Parcel of the Lands and Rents belonging to the said late Dean and Chapter in Gloucester, with all and every of their Appurtenances, of what Nature or Quality soever they be, together with all Deeds, Evidences, and Writings whatsoever, concerning the Premises, or any of them, are hereby vested and settled, adjudged, and deemed to be, and are hereby, in the real and actual Possession and Seisin of the said Mayor and Burgesses in the City of Gloucester, in the County of the City of Gloucester, and their Successors for ever; and the said Lands and Premises shall have, hold, possess, and enjoy, to them and their Successors, without any Entry or other Act whatsoever, in as large and ample Manner as the said Dean and Chapter at any Time had, occupied, held, or enjoyed, the said Manors, Messuages, Lands, and Premises, and every of them, within Ten Years last past before the Date of this Ordinance; to be held of the King, His Heirs and Successors, as of His Manor of East Greenwich, in (fn. 9) Fee and Common Soccage, by Fealty, and not in Capite, nor by other Tenure or Services.
"Saving to all Person and Persons, Bodies Politic and Corporate, their Heirs and Successors, and the Heirs and Successors of every of them, other than the said Dean and Chapter and their Successors, all such Right, Title, Claim, Possession, Interest, Rents, Annuities, Commodities, Commons, Offices, Leases, Pensions, Portions, Debts, Fees, Duties, and other Profits, which they, or any of them, lawfully have, or of Right ought to have, or might have had, of, in, or to, any of the Manors, Lands, and Premises, or of, in, or to, any Part or Parcel thereof, in such like Manner, Form, and Condition, to all Intents and Purposes, as if this Ordinance had never been had nor made, and as though the said Dean and Chapter had still continued and remained in their full Being.
"Provided always, and it is hereby further Ordained and Declared, That whensoever both Houses of Parliament shall order, direct, and appoint, the Manors, Lands, Tenements, and Hereditaments, of the Deans and Chapters in England and Wales, to be sold, or otherwise settled, for the Maintenance of Preaching Ministers throughout the Kingdom of England and Dominion of Wales, that then the Manors, Lands, and Premises, hereby settled as aforesaid, shall be liable thereunto, any Thing in this present Ordinance to the contrary notwithstanding; and that, in the mean Time, the said Mayor and Burgesses shall employ all Increase of Rents, and other Profits and other Advantages, to be made out of the said Manors, Lands, and Premises, to and for the Use and Benefit of the said Preaching Ministers and Incumbents of the said several Churches before mentioned, and for Increase of their said Yearly Salary and Maintenance, and not otherwise, nor to any other Use, Intent, or Purpose whatsoever; nor to grant any Lease or Estate of any the said Manors, Lands, and Premises, for above Seven Years in Possession and Being, but by special Order and Direction of both Houses of Parliament.
"And it is further Ordered and Ordained, That every One of the said Ministers and Incumbents shall have, possess, and enjoy, One of the Prebendal Houses, with the Appurtenances, belonging to the said Cathedral or Collegiate Church, to inhabit and dwell in, with his Family, for so long Time as he shall continue Minister and Incumbent of the said several and respective Churches united as aforesaid.
"And it is further Ordered and Ordained, by the Authority aforesaid, That the Mayor and Burgesses of the City of Gloucester, and their Successors for ever, shall have, hold, and enjoy, all and singular the Churches of Trinity, All Saints, Graceland, St. Aldatt's, St. Oswald's, and St. Owen's, and every of them, and all the Land, Ground, and Soil, of or belonging to the said several Churches, and all the Bells, Goods, Implements, and Utensils whatsoever, to the said Churches and every One of them respectively belonging, or in any Wise appertaining, to be used, bestowed, or employed, for an English School, a Library, One usual Place of Meeting and Assembling of the Mayor, Aldermen, and Common Council of the said City of Gloucester, or for or towards the placing, keeping, and preserving, the Arms, Powder, and Ammunition, for the Defence of the said City, and for the furnishing of a Library with Books, or for such or the like Public Uses, as (fn. 10) to the Mayor, Aldermen, and Common Council of the said City of Gloucester or the major Part of them, shall seem meet and convenient.
"Provided always, and it is hereby Ordained and Declared, That the said several and respective Ministers, Parsons, and Incumbents, of the Churches of Cript, St. Michaell's, St. Nicholas, and St. John's aforesaid, and their and every of their Successors respectively, for and in respect of the Premises to them and every of them limited and appointed, shall pay First Fruits and Tenths, according to the Rate and Value of Eight Pounds per Annum apiece; and shall be accordingly taxed and contributary with the rest of the Clergy to all Subsidies, and other Duties, hereafter to be duly assessed or imposed, as for a Spiritual and Ecclesiastical Possession, and not otherwise.
"And be it likewise Ordered, Declared, and Ordained, by the Authority aforesaid, That the said Mayor and Burgesses of the City of Gloucester, and their Successors for ever, shall have, hold, and enjoy, the Advowsons, Patronages, and Presentations, of all and every the said Churches of Cript, St. Michaell's, St. Nicholas, and St. John's aforesaid; and shall and may present, according to Law, as well the several Incumbents first to be admitted, as also all other Avoidances, of the said several Churches of Cript, St. Michaell's, St. Nicholas, and St. John's aforesaid, as often as they or any One of them shall be become void; or shall or may maintain all Actions and Writs, for or concerning the said several Churches, and the Advowson and Advowsons of them and every of them, as a Patron of any other Church Presentative may do by the Laws and Statutes of this Realm of England (any Law or Statute to the contrary notwithstanding.)
"And be it further Ordained, by the Authority aforesaid, That all Letters Patents, Charters, and Grants, under the Great Seal of England, heretofore made or granted unto the Mayor and Burgesses of the City of Gloucester, of any Manors, Lands, (fn. 11) Tenants, Liberties, Franchises, or other Hereditaments whatsoever, and also all Customs, Tolls, Usages, Liberties, and Franchises, of the said City of Gloucester, are hereby granted, ratified, and confirmed, unto the said Mayor and Burgesses of the said City of Gloucester, and the Successors for ever, in as full and ample Manner and Form, to all Intents and Purposes, as they or any of them have been granted, used, accustomed, or taken."
Baker versus Allen.
Whereas this House hath received sufficient Proofs, in the Cause between Wm. Allen and Hans Baker, concerning the Two Ships called The Pearle Hoy and The Box Tree; and that there is due unto the said Baker, for Wages and Victuals, the full Sum of Four Hundred and Eight Pounds: It is Ordered, by the Lords in Parliament assembled, That the said Sum of Four Hundred and Eight Pounds be duly paid unto the said Baker, or his Assigns, or, for Default thereof, that the Possession of the said Ships, with the Tackle and Inventions, be given unto him or them, to be presently sold; and that the Marshal of the Admiralty, or others that have Power, do deliver the said Ships, with the Tackle and Inventions, upon Sight hereof, unto the Gentleman Usher, or his Deputies, upon Default as aforesaid. And this to be his Discharge in that Behalf.
To all Sheriffs, Bailiffs, Comptrollers, and other Officers, to be aiding and assisting in the Execution of this Order.
Report from the Revenue Committee, concerning Bland's and Fowke's Claims to the Receiver Generalship of Yorkshire.
"At the Committee of the Lords and Commons for His Majesty's Revenue, sitting at Westm. the 30th of March, 1648.
"Ordered, That the same Report that was made by Sir Henry Mildmay, concerning Mr. John Bland, Receiver of Yorkesheir, unto the Commons House, in Pursuance of an Order of this Committee, of the 5th of October, 1647 (a Copy of which Report is annexed), be likewise reported to the House of Peers: And we desire the Earl of Northumberland to report the same to the House of Peers accordingly.
"A Report of the true State of the Business, depending before the Honourable Committee of the Revenue, concerning Mr. Fowke and Mr. Bland, Receivers of Yorkesheire.
"There was a Grant from His Majesty, of the Receiver General's Office of Yorkesheir, unto Thomas Bland and John Bland, for their Lives, dated 23 Junii, 1640; and a Warrant issued from the Commissioners of the Treasury, that Thomas and John Bland should enter Bond of Five Thousand Pounds apiece, with Sureties therein mentioned; but Thomas Bland only entered the Bond of Five Thousand Pounds, with some of the Sureties mentioned in the Warrant; but John Bland entered no Bond at all upon the said Grant and Warrant.
"Thomas Bland being thus authorized, he only enters, and executes, and is the only visible Receiver; and did, at Michaelmas, 1643, against the express Order of the Committee of the Revenue, receive and pay Six Thousand Pounds to the Earls of Newcastle and Cumberland, and others in Arms against the Parliament; and procured Warrants from the said Earls, for the better effecting of the same.
"Whereupon the said Office was sequestered; and upon 13 December, 1643, Walter Fowkes, a Man that had suffered much for adhering to the Parliament, was constituted Receiver in the said Thomas Bland's Stead, by Order of the Committee of the Revenue; and did in most dangerous Times (when the Earl of Newcastle had an Army in Yorkesheir, and when all others refused) receive and pay, in less than Two Years, Ten Thousand Pounds, upon a true Accompt.
"But, in the latter End of July, 1645, when the Parliament's Forces had apparently prevailed, and the Receipt was brought to a good Pass, John Bland (mentioned in the said Grant) claims the said Office as his Freehold: And although the said John Bland had been (fn. 12) in London all the Times that the said Walter Fowke executed the said Office, and never appeared to do any Service in Times of Danger; yet, upon false Evidence, given in the Absence of the said Walter Fowke, he obtained an Order from the said Committee, to execute the said Office; and also to execute the Place of Receiver of the Tenths of the Clergy.
"And since the said John Bland hath had the Receiver's Office, he hath reported at Public Ordinaries, "That the Parliament dealt unjustly, in taking away Mens Estates and Inheritance from them, and in particular his Brother's and his;" and said, "I pray God their Reformation bring not a Desolation, being acted by Brownists and Anabaptists;" and doth employ one Thomas Newman as Messenger to the Revenue, that did act with Thomas Bland against the Parliament.
"And the said John Bland hath also, in the Time of the late Tumult in London (when the Speakers were driven away), set forth One Horse and Man armed, and received divers more Horses and Men into his Yard belonging to his House; but never before that did ever set forth any for the Service of the Parliament.
"And also the said John Bland did (fn. 13) keep in his Hands, upon Michaelmas Accompt, 1646, until he had received Lady Day Rents, the Sum of Two Thousand Six Hundred Eighty-one Pounds, Eight Shillings, Two Pence, Qr.; and of the Lady Day Rents, 1647, until Michaelmas, 1647, One Thousand Eight Hundred Pounds; and hath not all in Two Years accounted for the Tenths of the Clergy.
"Nor have Thomas Bland or John Bland re-paid any Part of the Six Thousand Pounds paid to the Enemy, nor made any Accompt of the same, but only at Oxford to the Lord Cottington.
"Upon the whole Matter, it is apparent and plain, by the Judgements in Law, that John Bland ought to be displaced, and Mr. Fowkes restored:
"1. In respect of what was done by Tho. Bland; for the Acts done by him do forfeit the Office for both, as appears by these Books and Authorities; (videlicet,)
"5 E. IV. Fol. 5. Ploud. Comentaryes, Fol.
"1 E. III. Fol. 3. 379. Sir Hen. Nevill's Case, where, this Office being an entire Office, the Act of the One is the Forfeiture of the other.
"2. The Statute of 7 E. VI. Cap. 1. which appoints that Receivers must enter in to their Accompts every Hill. Term, and shall finish their Accompts before the Tenth of March, and make Payment before the Twentieth of March, upon Pain of Forfeiture of the Place, and Four Pence a Day for every Twenty Shillings.
"3. It is forfeit in respect of what was done by John Bland, for his Non-attendance in the Time Mr. Fowke did execute the Place, and his not accompting and paying for what Thomas paid to the Enemy, and what he hath in his Hands of his own Receipt, and not accompted for and paid as a Forfeiture.
"And this is adjudged in Sir Henry Constable's Case, in the Lord Cooke's 9 Report."
"Die Sabbati, 25 Martii, 1648.
"Sir Henry Mildmay makes Report from the Committee of the Revenue, touching Mr. Tho. Bland and Mr. John Bland, Receiver General of Yorkesheir.
"And, upon Debate had, and Consideration taken of the said Report, it is
"Resolved, &c.
"That the Sum of Six Thousand Pounds is due to the Parliament, from Thomas and John Bland, Receiver General of Yorkesheire.
"Resolved, &c.
"That the Sum of Six Thousand Pounds be charged upon, and paid out of, the Estate of Thomas and John Bland.
"Resolved, &c.
"That the whole Office of the Receiver General of Yorkesheir is forfeit, as to Thomas and John Bland both.
"Resolved, &c.
"That is referred to the Committee of the Revenue, to take effectual Course for the bringing in the said Sum of Six Thousand Pounds.
"H. Elsing, Cler. Parl.
"D. Com."
"Die Sabbati, 25 Martii, 1648.
"Resolved, &c.
"That Mr. Walter Fowke be constituted and appointed Receiver General of Yorksheire, in the Place of Thomas and John Bland, formerly in that Place; and that Mr. Solicitor do prepare and bring in an Ordinance accordingly.
"H. Elsing, Cler. Parl.
"D. Com."