House of Lords Journal Volume 10: 22 September 1648

DIE Veneris, 22 die Septembris.

PRAYERS, by Mr. Tuckney.

Domini præsentes:

Answer from the H. C.

Mr. Page and Doctor Bennett return with this Answer from the House of Commons:

That they have taken all the Particulars into Consideration, and will send an Answer by Messengers of their own.

Mrs. Vanenden and Sir Wm. Cobb.

Ordered, That the Cause between Mrs. Vannenden (fn. 1) and Sir Wm. Cobb shall be heard, on Thursday Morning next, by Counsel on both Sides.

Inhabitants of Long-acre versus Barley, for erecting a Building.

Upon reading the Petition of the Inhabitants in and about Long-acre; complaining, "That one John Barley hath inclosed a Piece of Waste Ground, and hath set up a Brewhouse, whereby the Inhabitants will be much prejudiced; therefore desire that Stay may be made thereof, it being against the Statute:"

It is Ordered, That all the Parties on both Sides shall attend this House To-morrow Morning; and then this Business shall be taken into further Consideration.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Gurden, &c.; who brought up divers Particulars, wherein they desire (fn. 2) their Lordships Concurrence:

1. An Ordinance for Four Thousand Pounds to be paid to the Lady Brooke, out of Sir Wm. Bishopp's Estate.

(Here enter it.)

Read, and Agreed to.

2. An Ordinance for to continue the Commissioners of the Excise to the 25th of March, 1649.

(Here enter it.)

Agreed to.

Ordinance to discharge the Excise Accompts for 1646.

3. An Ordinance for discharging the Commissioners of the Excise for the Receipts for the Year ending 29th Septemb. 1646.

Read Twice, and committed to the Committee of the whole House; to be considered of To-morrow Morning, and compared with other Ordinances of this Nature.

The Answer returned was:

Answer.

That this House will take the Ordinance for discharging the Commissioners of the Excise for the Receipts for the Year ending 29 Septem. 1646, into speedy Consideration; and will send an Answer by Messengers of their own: To all the rest, this House agrees.

Prichard and Ratcliff.

Upon reading the Petition of Phillip Prichard; shewing, "That he, being Under-Sheriff of the County Palatine of Chester, in Anno 1644, was commanded by his High Sheriff to give Order unto Mr. Randle Hunt, then Constable of the Castle of Chester, to continue one Thomas Ratcliffe there a Prisoner in his Custody, till he received further Order for his Enlargement, according to Law, for that he stood indicted of High Treason: That the said Thomas Ratcliffe, merely out of a vexatious Intent, and taking Advantage of these distracted Times, hath commenced an Action of False Imprisonment against the Petitioner, who never had him in Custody: Therefore desires (in regard he is, and hath been divers Years, a menial Servant to a Peer of this Realm) that an Order of this House may be granted, to stay Proceedings at Law against the Petitioner."

And the Question being put, "Whether there shall be a Stay made of the Proceedings at Law in this Cause, and the Cause retained in this House?"

The Votes were even; and so nothing Resolved at this Time.

Halke and James.

The Question being put, "Whether to appoint a Day to hear further the Business between Halke and James, upon the Petition and Answer, before a Conference with the House of Commons?"

It was Resolved in the Affirmative.

Ordered, That Thursday Morning next is appointed, to hear the Counsel of Halke and James.

Message from the H. C. with an Ordinance about the Admiralty Court.

A Message was brought from the House of Commons, by Sir John Clattworthy; who brought up an Ordinance for further regulating the Court of Admiralty, wherein their Lordships Concurrence is desired.

Read, and committed to the Committee of the whole House; to be taken into Consideration this Day Month.

The Answer returned was:

Answer.

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

House to be called.

Ordered, That this House shall be called on Monday come Sevennight; and all the Lords to have Notice to attend the House, any former Leave notwithstanding.

Message to the H. C. about the following Particulars.

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

1. To put them in Mind of the Pass for the Duke of Gelders, to go to the Isle of Wight.

2. To desire Concurrence in the Order concerning Thomas Sewell.

3. To desire Concurrence for exempting the Hospital of Well from Taxes.

4. To put them in Mind of Wm. Hill's Business.

5. To put them in Mind of Mr. Hooke's Business.

Evered, alias Webb, to be instituted to Basingstoke;

Ordered, That Doctor Aylett give Institution and Induction unto Mr. Stephen Evered, alias Webb, Clerk, to the Vicarage of Basingstoake, with all Chapels thereunto annexed, in Com. South'ton, void by Death of Ambrose Webb, last Incumbent; salvo Jure cujuscunque: Mary Magdalen Colledge, Patrons.

and Lawrence to Upway.

Ordered, That Doctor give Institution unto Jonothan Lawrence Clerk, to the Rectory of Upway, in the County of Dorsett, void by the Death of the last Incumbent; salvo Jure cujuscunque: Great Seal.

Ordinance to continue the Commissioners of Excise.

"It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Thomas Foote, John Kendrick, Thomas Cullum, and Symon Edmonds, Esquires, Aldermen of the City of London, and John Lamott and Edward Claxton, Esquires, shall manage the Excise, until the 25th of March, 1649, or until both Houses of Parliament take further Order, according to such Instructions as are or shall be given by both Houses of Parliament."

Order for Payment of 2000 l. to Ly. Brooke, out of Sir E. Bishop's Estate.

"Whereas the Sum of Four Thousand Pounds was, by Ordinance of Parliament, of the 16th of April, 1647, appointed to be paid to Penelope Lady Brooke, the Relict of Sir Wm. Brooke, deceased, for the Subsistence of the said Lady Brooke and her Children, their future Provision and Preferment, out of the Receipts at Gouldsmiths Hall, with a special Recommendation to the said Committee, that a good Proportion thereof should be speedily paid unto them; in Pursuance whereof, the Fine of Sir Edward Bishopp was assigned unto the said Lady Brooke, the which Fine the said Sir Edward Bishopp refuseth or neglecteth to pay in: It is Ordered, by the Lords and Commons assembled in Parliament, That the Rents and Profits arising, and to be made, of the Sequestration of the Estate Real and Personal of the said Sir Edward Bishopp, be from Time to Time paid, and do accrue, to the said Lady Brooke, or her Assigns, until the Sum of Two Thousand Pounds be fully paid and satisfied unto the said Lady Brooke, with the growing Interest for the whole Four Thousand Pounds from this Day, or until the said Sir Edward Bishopp do proceed effectually with his Composition, and pay in his Fine: And the Committees, Sequestrators, Treasurers, and Solicitors for Sequestrations, in all Counties and Places where the Estate Personal or Real of the said Sir Edward Bishopp, or any Part thereof, lies, as likewise the Tenants to the said Estate, are hereby authorized and required respectively to take Notice of this Order, and from Time to Time to pay the Profits of the said Estate to the said Lady Brooke, or her Assignee or Assignees, in Manner as aforesaid; and the Acquittance or Acquittances of the said Lady Brooke, her Assignee or Assignees, shall be from Time to Time a sufficient Discharge to the aforesaid Persons respectively, for the Payment of the said Rents, Issues, and Profits, accordingly."

Lords to attend the Call of the House.

In regard of the important Businesses now to be agitated in this House, tending to the Settlement of the Peace of this Kingdom, and that divers Lords are employed by the Parliament to treat with His Majesty in the Isle of Wight: It is this Day Ordered, by the Lords in Parliament assembled, That this House shall be recalled on the Second of October next; and all such Lords as are to sit and vote in this present Session of Parliament are to take Notice hereof, and to give their Attendance on that Day, all Excuses set apart, as they tender the Displeasure of this House; any former Leave of Absence to the contrary in any Wise notwithstanding.

Adjourn.

House adjourned till 10^a cras.