House of Lords Journal Volume 10: 12 April 1648

DIE Mercurii, 12 die Aprilis.

PRAYERS, by Mr. Case.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance for Tithes in London.

Ordered, That the Ordinance for Payment of Tithes to the Ministers of London shall be printed and published.

Dingley's Ordinance to be Minister of Brixton.

An Ordinance for making Mr. Dingley Minister of Brighston, alias Brixton, in the Isle of Wight, void by the Death of Mr. Hugh Thompson, in the Gift of the Bishop of Winchester, was read, and passed.

Laurance, of Upway.

An Ordinance for making Mr. Jonathan Laurance Minister of Upway, in the County of Dorsett, was read, and passed.

Message from the H. C. about swearing. Two of the Commissioners of the Great Seal.

A Message was brought from the House of Commons, by Mr. Love:

To desire their Lordships would please to appoint a Time for swearing Sir Thomas Witherington and Bulstrode Whitlocke Esquire, Two of the Commissioners of the Great Seal of England.

The Answer returned was:

Answer.

That this House appoints the said Commissioners of the Great Seal presently to be sworn.

Impeached Lords Answers.

The Speaker acquainted the House, "That the Six Lords impeached by the House of Commons have brought in their Answers to their several and respective Charges; which they have sent by the Gentleman Usher of the Black Rod:" Which Answers the House received.

Ordinance for settling the Admiralty Jurisdiction.

The House was adjourned into a Committee of the whole House during Pleasure, to take into Consideration the Ordinance concerning the settling of the Court of Admiralty.

The House being resumed;

The said Ordinance was read the Third Time.

And the Question being put, "Whether to agree to this Ordinance?"

It was Resolved in the Affirmative.

(Here enter it.)

Ordered, That this Ordinance be printed and published.

Robinson and Farren to be attached, for Contempt of Ihannes's Order.

Upon reading the Affidavit of Wm. Ihannes, whereby it appears, "That John Robinson and Mary Farren have "refused to give Obedience to an Order of this House:"

(Here enter it.)

It is Ordered, That the said John Robinson and Mary Farren shall be attached by the Gentleman Usher attending this House, and be brought before the Lords in Parliament, to answer their said Contempts.

Paper about the Summer Fleet:

The Earl of Denbigh reported a Paper from the Committee of the Admiralty; which was read, and Agreed to, and ordered to be sent to the House of Commons for their Concurrence. (Here enter it.)

Message to the H. C. about it;—and with Dingley's and Laurance's Ordinances.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page;

To deliver these Particulars:

1. The Ordinance for making Mr. Rob't Dingly Minister of Brightson, in the Isle of Wight; and desire their Concurrence therein.

2. The Ordinance for making Mr. Jonathan Laurance Minister of Upway, in the County of Dorsett; and desire their Concurrence therein.

3. To deliver to them the Report from the Committee of the Admiralty; and desire their Concurrence, for approving of those Persons and Ships to be added to the Summer's Fleet.

Letter from the D. of Lorrain.

The Duke of Lorrain's Letter, translated, was read.

(Here enter it.)

And it is Ordered, To be referred to the Committee for Foreign Affairs, to draw an Answer to it, and present it to the Houses; and the Concurrence of the House of Commons to be desired herein.

Two of the Commissioners of the Great Seal sworn.

Next, Sir Thomas Witherington Knight and Bulstrode Whitlocke Esquire were sworn Two of the Commissioners of the Great Seal of England.

These Oaths following were administered to them:

Then the Speaker, with the Great Seal, went down to the Bar, with the other Commissioners; and delivered the Seal to them.

Ordinance appointing Judges of the Admiralty.

An Ordinance was presented to the House, for making Doctor Clarke, Doctor Exton, and Doctor Dorislaus, Commissioners of the Court of Admiralty; which was read, and Agreed to, and ordered to be sent to the House of Commons for Concurrence.

L. Powlett, Leave to apply to the H. C. concerning a Charge against him.

Upon reading the Petition of John Lord Powlett; shewing, "That there having been some Informations given in against him to the House of Commons, which reflect much upon his Honour, and tend even to the questioning of his Life, desireth Leave of this House, that he may make such Addresses to the House of Commons, as may be for the vindicating of his Honour, and the clearing of his Innocency:"

It is Ordered, That this House leaves him to make such Addresses to the House of Commons as he shall think fit, for his Vindication.

Ordinance concerning the Contractors for Bishops Lands.

Ordered, That the Ordinance concerning the Contractors of the Bishops Lands shall be taken into Consideration To-morrow Morning.

Bland and Fowke, about the Receiver Generalship of Yorkshire.

Upon hearing the Counsel of John Blande, touching his Title which he claims to the Office of General Receivership of the County of Yorke:

It is Ordered, To be referred to all the Judges, or any Three of them, to hear the Counsel on both Sides, videlicet, the Counsel of John Blande and the Counsel of Walter Fowke; and to peruse the Patent of John Blande, and report their Opinion to this House concerning the Validity of the Patent in Point of Law: And Mr. Solicitor is desired to be present when the said Counsel is heard.

Colonel Payne released.

Upon reading the Affidavit of Colonel George Payne; complaining, "That he is arrested, contrary to the Protection of this House:" (Here enter it.)

Elliot sent for.

It is Ordered, That the said Colonel Payne shall be released; and Elliott, that arrested him, shall be attached, and brought before this House, to answer his Contempt.

"An Ordinance for settling the Jurisdiction of the Court of Admiralty.

Ordinance for settling the Jurisdiction of the Court of Admiralty.

"The Lords and Commons assembled in Parliament, finding many Inconveniencies daily to arise, in relation both to the Trade of this Kingdom, and to the Commerce with Foreign Parts, through the Uncertainty of Jurisdiction in the Trial of Maritime Causes, do ordain, and be it Ordained by the Authority of Parliament, That the Court of Admiralty shall have Cognizance and Jurisdiction, against the Ship or Vessel, with the Tackle, Apparel, and Furniture thereof, in all Cases which concern the repairing, victualing, and furnishing Provisions for the setting of such Ships or Vessels to Sea, and in all Cases of Bottomry, and likewise in all Cases of Contracts made beyond the Seas concerning Shipping or Navigation, or Damages happening thereon, or arising at Sea in any Voyage, and likewise in all Cases of Charter Parties, or Contracts for Freight, Bills of Lading, Mariners Wages, or Damages in Goods laden on board Ships, or other Damages done by One Ship or Vessel to another, or by Anchors, or Want of laying of Buoys; except always that the said Court of Admiralty shall not hold Pleas, or admit Actions, upon any Bills of Exchange, or Accompts betwixt Merchant and Merchant, or their Factors: And be it Ordained, That, in all and every the Matters aforesaid, the said Admiralty Court shall and may proceed, and take Recognizances in due Form, and hear, examine, and finally end, decree, sentence, and determine the same, according to the Laws and Customs of the Sea, and put the same Decrees and Sentences in Execution, without any Lett, Trouble, or Impeachment whatsoever; any Law, Statute, or Usage to the contrary, heretofore made, in any Wise notwithstanding: Saving always and (fn. 1) reserving, to all and every Person and Persons that shall find or think themselves aggrieved by any Sentence Definitive, or Decree having the Force of a Definitive Sentence, or importing a Damage not to be repaired in the Definitive Sentence given or interposed in the Court of Admiralty, in all or any of the Cases aforesaid, their Right of Appeal, in such Form as hath heretofore been used, from such Decrees or Sentences (fn. 2) in the said Court of Admiralty: Provided always, and be it further Ordained, by the Authority aforesaid, That from henceforth there shall be Three Judges always appointed of the said Court, to be nominated from Time to Time by both Houses of Parliament, or such as they shall appoint; and that every of the Judges of the said Court for the Time being, that shall be present at the giving any Defi nitive Sentence in the said Court, shall at the same Time, or before such Sentence given, openly in Court deliver his Reasons in Law of such his Sentence, or of his Opinion concerning the same; and shall also openly in Court give Answers and Solutions (as far as he may) to such Laws, Customs, or other Matter, as shall have been brought or alledged in Court on that Part against whom such Sentence or Opinion shall be given or declared respectively: Provided also, That this Ordinance shall continue for Three Years, and no longer."

Ihannes, Affidavit of serving the Order on Robinson.

"William Ihannes, Merchant, maketh Oath, That he did serve your Lordships Order, hereunto annexed, on John Robinson, upon The Exchange, London; and the said John Robinson gave Order to his Servant, to give Notice of it to Marry Farren on the 16th of this Instant March.

"Wm. Ihannes.
Jurat. 28 Die Martii, 1648.
"Tho. Benett."

Letter from the D. of Lorrain, complaining of the Usage of Fortescue his Agent, and desiring Restitution of his Ships.

"Messieurs,

"The ill Usage my Men receive in your Country, and especially Mr. Fortescue my Resident, besides the Seizure made, in your Name, and by your Officers, of my Ships, doth oblige me to write these Lines, for to ask you both Justice and Redress of the Wrong done and happened to my said Resident, according to the Plaints he more particularly will represent to you; and withal the Restitution of the said Ships, together with the Merchandizes and Goods that were in them. Moreover, I pray you to send me a categorical Declaration of your Intentions; namely, whether you esteem me Friend or Enemy, that thereupon accordingly I may govern myself. Though at this present I am in no real Possession of any Sea Port, yet are there many belonging unto me by Right. You should not (at least ere you declare yourselves my Enemies) hinder my Subjects from Trading and Shipping, who have done nothing against you, have given you no Cause to treat or esteem them other than your Friends. Nevertheless, hereupon I expect your Resolution by the First Post; and mean while remain,

From Bruxells, the 15 Febr. 1648.

"Messieurs,

"Your most affectionate to serve you,

Ch. Lorraine.

"To Messieurs, Messieurs the Peers and Commons of the Parliament of England, sitting at Westminster, at London."

Colonel Payne's Affidavit of his being arrested by Elliot, at Staples's Suit.

"George Payne maketh Oath, That, on Friday the 7th April, 1648, he was arrested, at the Suit of Susan Staples Widow, by one Elliott, assisted by Thomas Stanoe, Officers to the Sheriffs of London, and by them imprisoned in The Compter in Woodstreete, notwithstanding this Deponent shewed them the Order of the Honourable House of Peers to free him for all Arrests for Debt, as may appear by the said Order, which had been formerly entered and allowed in both the Compters, as appears by the Hands of the Secondaries subscribed: And this Deponent further maketh Oath, That the said Elliott did formerly arrest this Deponent upon the same Suit, and then took a Copy of the said Order, and discharged him after about Four Hours Detainment.

"Geo. Payne.
"Jur. 12 April.
1648, coram me,
John Page."

Rogers versus Wylde, in Error.

Ordered, by the Lords in Parliament assembled, That the Cause between Joseph Rogers and John Wilde & al. upon a Writ of Error depending in this House, shall be argued, at this Bar, on the 15th of this Instant April, at Ten of the Clock in the Morning; at which Time the Parties, by their Counsel, are to attend accordingly.

Hutchinson to be instituted to Ashbury;

Ordered, That Doctor Aylett give Institution and Induction unto John Hutchinson Clerk, Batchelor in Divinity, to the Rectory of Ashbury, in Com. Chester, void by the Death of the last Incumbent; salvo Jure cujuscunque: Thomas Hutchinson Esquire, Patron.

Woodford to Little Billing;

Ordered, That Doctor Heath, or his Deputy, shall give Institution and Induction unto Richard Woodford Clerk, Master of Arts, to the Church of Little Billinge, in the County of North'ton, void by the Death of Mr. Carr Stockwell, the last Incumbent; salvo Jure cujuscunque: Anne Bracegirdle Widow, Mother and Guardian of Justinian Bracegirdle, Patron.

and Fox to Fursby.

Ordered, That Doctor Bennett give Institution and Induction unto Jo. Fox Clerk, Master of Arts, to the Rectory of Firsby, alias Fursby, in Com. Lincolne, void by Death; salvo Jure cujuscunque: William Dormer Esquire and Anne his Wife, Patrons.