House of Lords Journal Volume 10: 17 April 1648

DIE Lunæ, 17 Aprilis.

PRAYERS, by Dr. Gouge.

Domini præsentes:

Comes Manchest'r, Speaker.

Lady Moore, a Pass.

Ordered, That the Lady Moore shall have a Pass, to go into Ireland, with her Servants, to fetch her Children into England.

Proofs for the Catechisms.

Dr. Burges, with others of the Assembly of Divines, brought in the Proofs to this House for the Catechisms before delivered in.

Ordered, That they should be called in, and have Thanks given them; which they had accordingly.

Wrotham Ordinance.

An Ordinance passed, for the vacating the Presentation of Will'm Parker, of Wrotham, in Kent.

(Here enter it.)

Letters, &c. from the Commissioners in Scotland.

Letters from the Commissioners in Scotl. and Papers from the Scots, brought in, and read.

(Here enter them.)

Arundell's Petition.

A Petition of Will'm Arundell Esquire, read, and laid aside.

Sir Pat. Young and Jennings.

A Petition of Sir Patricius Young, read.

Ordered, That Mr. Tho. Jenings, of Hayes, Esquire, shall pay to the said Young the Money he owes him, by the First of May next; or else he shall be left to ordinary Course in Law: And Sir Patricius Young is to give the said Jenings present Notice hereof.

Borett and Sir J. Stawell.

Ordered, upon the Petition of Rich. Borett, That the Writ of Error, between the said Borett and Sir John Stawell Knight, be heard on the 21th of this Instant April.

Burroughs and Trippett.

Ordered, That the Errors between Jo. Burroughs Defendant and Ro. Trippett Plaintiff, (fn. 1) be heard 21 Instant.

Message from the H. C. with Orders and Ordinances; and to expedite the One to prevent the Printing of Pamphlets.

A Message from H. C. brought by Sir Walter Earle:

1. An Order for renewing the Commission to hear and determine Causes in Chancery to the former Commissioners, adding thereunto Dr. Benett and Edward Eltonhead, Masters of Chancery. (Here enter it.)

Passed.

2. An Ordinance for Pay to each Commissioner of the Great Seal now in Being, Two Hundred and Fifty Pounds a Quarter, out of the Customs.

(Here enter it.)

Passed.

3. An Order to declare the Lord Inchequin Traitor to the Parliament and Kingdom of Engl.

(Here enter it.)

Passed.

4. An Order for the Revocation of all Commissions and Authorities given to him from the Parliament of Engl. (Here enter it.)

Passed.

5. An Order for Fifty Pounds for Major Elsing, and Thirty Pounds for Captain Chaundler. (Here enter it.)

Read, and Agreed to.

6. An Order for making Rowland Wilson and Ralph Hall, Gentlemen, Deputy Registers for the Court of Chancery. (Here enter it.)

Agreed unto.

7. An Order for John Hales and Tho. Basnett Esquires to be added to the several Committees for Assessment in Ireland. (Here enter it.)

Agreed to.

8. An Order for adding Sam. Dunch and others (fn. 2) to the Committee for Assessment in Com. Berks.

(Here enter it.)

Agreed to.

9. An Order that Major Harley be added to the Committees in the several Assessments in the County of Heref. (Here enter it.)

Agreed to.

10. It was desired, at the said Message, the Order against Printing of Pamphlets might be passed by their Lordships.

Answer hereunto:

Answer.

That they will send Answer by Messengers of their own.

Ordered, That the Committee meet To-morrow at Nine; and to adjourn from Time, &c.

Brown, Cler. Parl. excused.

Mr. Browne, Clerk of the Parliaments, is excused by the House, for his Absence this Day.

Writs of Error brought in.

Several Writs of Errors brought in, by Mr. Justice Bacon:

Bury & Abbott.
Wright & Saweld.
Hewes & Gregory.
Clarke & Ash.
Ware & Davenport.
Prideaux & Mapowder.
Doo & Salery.
Dawkes & Cawdrye.
Warrick & Burdocke.
Certiorari inter Browning & Stanbury.

Sir Ol. Luke & al. and Edbrooke & al.

The Cause between Sir Oliver Luke Knight, &c. versus Robt'm Edbrooke & al. called in, and heard.

Richard Gittee, Jo. Court, and George Tayler, are sworn in this Cause, on the Behalf of Sir Oliver Luke, &c.

Ordered, That this Cause shall be heard further To-morrow in the Morning, concerning the whole Matter and Merits of the Cause.

Message from the H. C. with an Order.

A Message from the House of Commons, by Mr. Denis Bond & al.

An Order concerning Pendennis Castle.

(Here enter it.)

Read, and Agreed unto.

Count. of Ormond, &c. a Pass.

The Countess of Ormound, with her Children and Servants, is to have a Pass, to go into France.

Letter from the Commissioners in Scotland, with the following Papers.

"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore. These.

"May it please your Lordship,

"Our last did give your Lordship an Account of the Promise we had of an Answer to the Papers we have delivered in to the Parliament: Since which Time, we have received the inclosed, that puts (fn. 3) in further Expectation thereof To-morrow. If it be longer delayed, we will second our former Demands, and not fail to do all Things in our Power to advantage your Service; which is the Study, and shall be the Endeavour, of,

Edinburgh, 11 April, 1648.

"My Lord,

"Your Lordship's

"Most faithful and humble Servants,

"C. Nottingham. Stanford."

Order of the Parliament, and Letter from the Chancellor, that they will take the Commissioners Papers into Consideration.

"Att Edinburgh, the 8th Day of April, the Yeare of God 1648, the Estates of Parliament recomends to the Lord Chancellor, President of Parliament, to make knowne to the Commissioners from the Parliament of England, that the Opinion of the Committee, of an Answere to be retourned to the Letters and Papers given in by them, was this Day, being the last Day of the Weeke, presented and rede in Parliament: But, according to the Order kept in this Parliament, the Answere is tane to the Consideration of the severall Estates till the Begining of the next Weeke, at which Tyme Answere will be given to them.

"Extract forth of the Records of Parliament, by me, Sir Alexand'r Gibsone, of Drury, Knight, Clerke of His Majesty's Registers, Councell, and Rolls, under my Signe and Subscript Manuell.

"Alex. Gibsone, Cl's Reg'ri."

"My Lords and Gentlemen,

"The Committee to whome your Lordships Desires and Papers were referred haveing this Day made their Report to the Parliament, they have commaunded me to shew your Lordships, that they have taken the same into Consideration; and have resolved to give your Lordships their Answere in the Begining of the next Weeke; as will appeare by their Order, which is herewith sent to you from

8 April. 1648.

"Your Lordships

"Most humble Servant,

"Loudonn, Canc.

"President of the Parliament.

"For the Right Honorable the Commissioners of the Parliament of England."

Order for renewing the Commission for hearing Causes in Chancery.

"Ordered, by the Lords and Commons in Parliament assembled, That the Commission for hearing of Causes in the Court of Chancery be renewed, in such Manner and Form as the said Commission was formerly granted: And it is further Ordered, That Doctor Bennett and Mr. Eltonhead, since nominated Masters of the Chancery, be added to the Commissioners in the said Commission; and the Commissioners of the Great Seal are hereby authorized and required to pass the said Commission, so prepared, under the Great Seal accordingly."

Ordinance for a Salary for the Commissioners of the Great Seal.

"The Lords and Commons assembled in Parliament do order and ordain, and be it Ordered and Ordained by the Authority aforesaid, That the Customers or Commissioners of the Customs in the Port of London for the Time being shall pay, to every of the now Commissioners of the Great Seal of England, out of the Customs and Subsidies by them received, or to be received, the Sum of Two Hundred and Fifty Pounds, on the last Day of every Term; which Payment shall begin the last Day of Easter Term, 1648, and shall continue during the Time that the said Commissioners of the said Great Seal shall continue in the said Employments, and shall be in full Payment of all Pensions, Fees, Wages, and Allowances from the Crown, such only excepted as were had and received by the last Commissioners of the Great Seal: And be it further Ordained, That whatsoever Sum or Sums of Monies the said Customers or Commissioners of the Customs shall pay in Obedience to this Ordinance, the same shall be allowed unto them upon their several Accompts; they shewing the Acquittances of the said Commissioners of the Great Seal, which, upon these Payments, they are severally to give them: And the said Commissioners of the Great Seal, and every of them, shall have the same Remedy for their said Salaries, against the said Customers and Commissioners of the Customs, as any Judge or Judges of any Court at Westm'r may or ought to have for his or their Salaries against any Customers or Commissioners of the Customs."

Order to declare all Commissions granted to L. Inchiquin void.

"Whereas Murrob O Bryan, Baron of Inchiquin, is declared to be a Traitor and Rebel to the Parliament and Kingdom of England: Be it therefore Ordained, and it is hereby Ordained and Declared, by the Lords and Commons in Parliament assembled, That all Commissions, Orders, or Instructions, granted By Authority of Parliament, as well under the Great Seal as otherwise, whereby the said Lord Inchiquin is constituted and appointed Lord President of Munster, Captain General or Commander in Chief of the Armies and Forces in that Province, or whereby he enjoyeth or exerciseth any other Pre-eminence, Jurisdiction, Profits, Advantages, or Authority, Civil or Martial, by Sea or Land, derived or claimed from or under any Grant, Colour, or Pretence of Grant, from both or either of the Houses of Parliament, or from any Committee derived or authorized from them, or either of them, be, and is hereby, repealed, and declared null and void, to all Intents and Purposes; and all Officers and Soldiers, and other Persons whatsoever, formerly under or liable to his Jurisdiction, Authority, or Command, are hereby declared to be absolved and freed from the same, and are required and enjoined to yield no Obedience to any Commands, Orders, or Declarations, from the said Lord Inchiquin, or any other Minister or Officer deriving any Authority from him.

and he declared a Traitor.

"Resolved (upon the Question), by the Lords and Commons assembled in Parliament, and they do declare the Lord Baron of Inchiquin a Traitor and Rebel to the Parliament and Kingdom of England."

Order for Money for Major Elsing and Capt. Chaundler.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be forthwith given and paid unto Major Elsinge; and that the Sum of Thirty Pounds be forthwith given and paid unto Captain Chaundler, for their great Pains taken, in bringing speedy Intelligence touching the Proceedings and Affairs in Ireland, the said Sums to be charged upon Habberdash'rs Hall ; and the Committee of Lords and Commons at Habberdashers Hall are hereby authorized and required to pay the said several Sums of Fifty Pounds and Thirty Pounds accordingly."

Ordinance for Wilson and Hall to be Dep. Registers of the Court of Chancery.

"Whereas, by Order of the House of Commons of the Nine and Twentieth Day of January last, Rowland Wilson and Ralph Hall Gentlemen are constituted and appointed Deputy Registers of the High Court of Chancery, and that the then Commissioners of the Great Seal of England should settle them in the said Offices accordingly: It is Ordered, by the Lords and Commons in Parliament assembled, That the said Order of the Nine and Twentieth Day of January last be renewed to the now Commissioners of the Great Seal of England, to settle the said Rowland Wilson and Ralph Hall in the said Offices of Deputy Registers in the said High Court of Chancery."

Commissioners for Assessments in Coventry.

"Ordered, by the Lords and Commons assembled in Parliament, That John Hales and Thomas Basnett Esquires be added to the several Committees in the several Ordinances for Assessments for Ireland, in the County, City and County of the City of Coventry."

D°. in Berks.

"Ordered, by the Lords and Commons assembled in Parliament, That Samuell Dunch, Thomas Fettiplace, Richard Knollis, Tymothy Avery, Wm. Trumbulle, Wm. Hide, William Barker, Charles Fettiplace, Roger Knight, Humphry Dolman, Samuell Wightwicke, Richard Dew, and Edward Jennings, Esquires, be added to all the Committees in the County of Berks, for the Ordinances of Assessments for the General's Army, and for the several Ordinances for Assessments for Ireland."

D°. in Heref.

"Ordered, by the Lords and Commons assembled in Parliament, That Major Robert Harley be added to all the Committees in the several Ordinances for Assessments in the County of Hereford."

Pendennis Castle to be delivered to Sir Hard. Waller.

"Ordered, by the Lords and Commons in Parliament assembled, That Pendennis Castle be forthwith delivered up to Sir Hardres Waller, or to such other Person or Persons as the said Sir Hardres Waller shall appoint to receive the same: And it is further Ordered, That the Deputy Lieutenant and Soldiers in the said Castle shall, upon their Delivery-up of the said Castle, be indemnified for what they have formerly done."

Ordinance for vacating Parker's Presentation to the Vicarage of Wrothan.

"Whereas the Lords and Commons assembled in Parliament have, by Ordinance, bearing Date the 29th of August, 1645, deprived, amoved, and discharged, Edward Layfeild Doctor in Divinity, of and from the Rectory and Parsonage of Wrotham, in the County of Kent, and did make, constitute, and appoint, Wm. Parker Clerk, Master of Arts, Rector and Incumbent of the said Rectory, and did ordain that he should have and enjoy the said Rectory in as full and ample Manner, and receive the Rents, Profits, Tithes, and other Duties thereto belonging, as the said Doctor Layfeild, or any of his Predecessors, formerly had, or of Right ought to have done, at which Time the said Rectory was in Lease at the Yearly Rent of Fifty-five Pounds only (fn. 4) was reserved to the said Doctor Layfeild; but the said Lease is sithence determined, and the said Rectory is of far greater Value: And whereas there being also a Vicarage in the said Parish of Wratham, the Vicar whereof supplieth the Cure of the said Church, of which said Vicarage the Lords and Commons were not informed at the Passing of the said Ordinance; and the said Vicarage sithence becoming void by the Death of Mr. Hutchinson late Vicar there, the said Mr. Parker, pretending the said Vicarage to be in the Gift of the Commissioners of the Great Seal of England, did, the Fourteenth Day of January last, procure a Presentation to the said Vicarage, of and from the said Commissioners, under the said Great Seal, although at the same Time the said Mr. Parker well knew that an Ordinance was preparing, and depending before the Committee of plundered Ministers, for the dividing of the said Parish of Wrotham, to which the Churches of Stansteed and Plaxtell are annexed, into Three distinct Parishes, and for the distributing the Profits of the said Parsonage and Vicarage, for the Maintenance of Three Rectors in the said Churches, the Proportion of Profits intended by the said Ordinance for the said Mr. Parker and his Successors, Ministers of the said Church of Wrotham for the Time being, being worth One Hundred and Ninety Pounds a Year; and although it fithence, upon Examination, appeareth that the said Vicarage is over Value, and not in the Gift of the said Commissioners, but ought to be disposed of by the Two Houses, of which the said Mr. Parker gave no Information to the Commissioners of the Great Seal, nor that it was in Agitation before the House of Commons for the dividing of the Profits of the said Parsonage and Vicarage for the Maintenance of Three several Ministers: The Lords and Commons assembled in Parliament, taking into their Considerations the same, do declare and ordain, and be it Ordained by the Authority aforesaid, That the said Presentation of the said William Parker to the said Vicarage of Wrotham, and all Institutions and Inductions, are and shall be void and null, and the same are hereby, to all Intents, Constructions, and Purposes, vacated, nulled, and made void; and that the said William Parker hath no Right or Title of or unto the said Vicarage or Profits thereof; and that he may not, nor shall have, receive, or take, any Benefit or Advantage whatsoever, by Colour or Pretence of the said Presentation."

Adjourn.

Adjourned 10^a To-morrow.