House of Lords Journal Volume 10: 21 October 1648

DIE Sabbati, 21 die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Report concerning making new Judges and Serjeants.

The Earl of Kent reported, "That the Commissioners of the Great Seal, with the Advice of the Judges, do think it fit, that some Resolution were given concerning the making of new Judges and Serjeants, because the Time is very short, the Term grows so near; and they further offer to their Lordships Consideration, whether it will not be expedient at this Time to lay aside the Feast which usually hath been at the Call of Serjeants at Law, in regard all Public Feastings hath been laid aside in this Time."

Message from the H. C. with Ordinances and Orders.

A Message was brought from the House of Commons, by Colonel Harvey, &c.; who brought up divers Ordinances and Orders, wherein they desire their Lordships Concurrence:

1. Order and Declaration, That neither the Lord'sdays (fn. 1) nor Days of Humiliation be accounted any of the Forty Days for the Treaty. (Here enter it.)

Agreed to.

2. An Ordinance concerning the Contractors for Bishops Lands.

3. Order for the Payment of Four Thousand Two Hundred Eighty-one Pounds, Eighteen Shillings, and Four Pence Half-penny, to Mr. Pecke, out of Two Thirds of the Recusants Estates in the County of Suff. mentioned in the said Order. (Here enter it.)

Read, and Agreed to.

4. Order for the Moiety of Five Thousand Pounds to be paid to Colonel Mitton. (Here enter it.)

Read, and Agreed to.

5. Order for Payment of Part of Colonel Birch's Arrears. (Here enter it.)

Read, and Agreed to.

6. Order for Thirty Pounds to the Messenger that brought the News of the Surrender of Appleby Castle.

(Here enter it.)

Read, and Agreed to.

7. Order to pay One Hundred Pounds to Captain Wolfe. (Here enter it.)

Agreed to.

8. Order to pay Mr. Noble, a Messenger, Twenty Pounds. (Here enter it.)

Read, and Agreed to.

Ordinance concerning the Contractors for Bishops Lands.

The Ordinance concerning the Contractors for Bishops Lands, was read Twice, and committed to these Lords following:

Any Two; to meet when they please.

The Answer returned was:

Answer.

That concerning the Ordinance concerning the Contractors for Bishops Lands, their Lordships will take the same into Consideration, and send an Answer by Messengers of their own: To all the other Orders and Ordinances, their Lordships do agree.

Message from the H. C. with a Vote about the Proposition for Delinquents.

A Message was brought from the House of Commons, by Mr. Annesley, &c.; who brought up a Vote concerning the Proposition concerning Delinquents, wherein they desire their Lordships Concurrence.

Read Once.

The Answer returned was:

Answer.

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

Votes for the King to be restored to His Dignity, Revenues, &c. and for an Act of Oblivion.

Next, the House was adjourned into a Committee during Pleasure, to take into Consideration the King's last Papers concerning the Treaty.

The House was resumed.

And the Propositions of the King were read particularly.

And it was Resolved, That His Majesty be settled in a Condition of Honour, Freedom, and Safety, and have the Faith of His Two Houses for the same.

Resolved, That His Majesty be restored to the Possession of His Lands and Revenues.

Resolved, That His Majesty have Compensation for the Revenues and Profits, which His Majesty, for the Satisfaction of His Two Houses, in this Treaty, hath or shall consent to part withal.

Resolved, That an Act of Oblivion and Indemnity may be passed, to extend to all Persons, for all Matters, with such Limitations and Provisions as shall be agreed between His Majesty and His Two Houses.

The House declared, That these Votes are not to be binding, if the Treaty be not concluded, but break off.

Ordered, That the Concurrence of the House of Commons be desired to these Votes, at a Conference.

Hatton to be a Serjeant at Law.

Resolved, That a Writ be issued forth, to call Mr. Hatton to be a Serjeant at Law; and that the Commissioners of the Great Seal do issue forth a Writ, returnable in usual Form, for the Call of the said Mr. Hatton, accordingly.

The Concurrence of the House of Commons to be desired herein.

Kings Papers about the Treaty.

Ordered, That the rest of the King's last Papers shall be taken into Consideration on Monday Morning next.

Message to the H. C. about calling Serjeants; and to remind them of L. Foliot's Petition.

A Message was sent to the House of Commons, by Mr. Dr. Bennet and

1. To let them know, That their Lordships have agreed to call all the Persons brought up to the Serjeants (fn. 3) at Law; and desire their Concurrence, that Mr. Hatton may be called to be a Serjeant, &c.

2. To put them in Mind of the Lord Foliott's Petition.

Swan to be instituted to Ickham.

Ordered, That Dr. Bennett give Institution and Induction unto John Swan Clerk, Master of Arts, to the Rectory of Ickham cum Wells, in Com. Kent; salvo Jure cujuscunque: Great Seal.

Sundays and Fast-days not to be reckoned in the Treaty.

"The Lords and Commons in Parliament assembled do declare, That neither the Lord's-days nor the Public Monthly Fast-days, that shall happen within Forty Days appointed for the Time of the Treaty, shall be accounted any of the Forty Days limited for the Treaty."

Order for 4281 l. 18s.4d. to Mr. Peck.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Pecke be satisfied the Sum of Four Thousand Two Hundred Eighty-one Pounds, Eighteen Shillings, Four Pence Halfpenny, due to him out of the Iron Works in the Forest of Deane, out of the Two Thirds of the Estates of Sir Thomas Timperley, of Hintlesham, in the County of Suff. Knight, Sir Francis Mannox, of Gifford's Hall, in Stoke juxta Nayland, in the said County, Knight, and Sir Roger Martin, of Long Melford, in the said County, Knight, Recusants, payable to the State, and sequestered for their Recusancy; the same to begin the 28th Day of September last, and so to continue until the said Mr. Pecke be paid and satisfied the said Sum due to him, by Receipt of the Two Third Parts of the Rents and Profits of the said Estates: And the Committee for Sequestrations of the said County, and their Treasurer, and the Tenants and Occupiers of the said Lands, are required to take Notice hereof, and to pay the Two Thirds of the Rents and Profits of the said Estates, from Time to Time, as the same shall grow due, to the said Mr. Pecke, his Executors, Administrators, and Assigns, accordingly, until he or they be fully satisfied the said Sum of Four Thousand Two Hundred Eighty-one Pounds, Eighteen Shillings and Four Pence Halfpenny; and the Acquittance or Acquittances of the said Mr. Pecke, his Executors, Administrators, or Assigns, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge unto the said Committee for Sequestations, and their Treasurer, and to the Tenants and Occupiers of the said Lands, and to such other Person or Persons as shall pay the same."

Order for Payment of 5000 l. formerly ordered to Colonel Mitton.

"Whereas the Sum of Five Thousand Pounds was, by Ordinance of both Houses of Parliament of the 14th of August last, ordered to be paid to Colonel Thomas Mitton, upon Accompt, out of such Delinquents Fines or Estates, not formerly discovered or compounded with as he should discover to the Committee at Gouldsmiths Hall, or to the Committees in the Countries where their Estates lie: It is now Ordered, by the Lords and Commons assembled in Parliament, That the said Colonel Mitton shall have the One Moiety of the said Five Thousand Pounds now charged and paid unto him, out of the new Sequestrations of the new Delinquents Estates, Real and Personal, who were engaged in the late Insurrection in the Isle of Anglesey, in North Wales: And all Committees, Sequestrators, Solicitors, Treasurers, Receivers, Tenants, and all other Persons, who are or shall be authorized or concerned in and about the sequestering, receiving, paying, or issuing forth, of any the Monies raised, or to be raised, out of any of the Estates, Real or Personal, of the said Delinquents, or any of them, are hereby authorized, ordered, and required, respectively, to issue forth, and to pay to the said Colonel Mitton, or his Assigns, out of the same Estates, upon Accompt, the Sum of Two Thousand Five Hundred Pounds, being the Moiety of the said Sum of Five Thousand Pounds: And the Acquittance or Acquittances of the said Colonel Mitton, or his Assigns, shall be a sufficient Warrant and Discharge, from Time to Time, to the Persons aforesaid, and every of them, for Payment thereof, and of every Part or Parcel thereof respectively."

Order for Payment of Part of Colonel Birch's Arrears.

"Whereas, upon the 29th of March, 1647, there was charged upon the Receipts at Gouldsmiths Hall, in Course, the Sum of Six Thousand Seven Hundred and Forty Pounds, to be paid unto the Committee for the County of Her'f. towards the satisfying of Two Months Pay of Arrears, and a Month's Advance, for the speedy Dispatch of the Horse and Foot under the Command of Colonel John Birch into Ireland, which Forces went not for that Service as was intended, and did therefore only receive from the said Committee Two Months Pay of Arrears: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That, out of the Six Thousand Seven Hundred and Forty Pounds charged as aforesaid, intended for that Service, the Treasurers at Gouldsmiths Hall do pay to Colonel John Birch, or his Assigns, the Sum of Seven Hundred and Fifty Pounds (Part of the Six Thousand Seven Hundred and Forty Pounds) in Part of his Arrears due for the Service of the Parliament, certified by the Committee for the Accompts of the whole Kingdom, and approved of by the House of Commons; whose Receipt shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmithes Hall for the said Sum, when the same in Course shall become payable: And it is further Ordered, That the Sum of Eight Hundred Pounds more be paid to the said Colonel Birch, or his Assigns, in Part of his Arrears, stated and approved as aforesaid, out of the Sequestration of the Estate of Sir Edward Morgan, of the County of Monmouth, a Papist in Arms: And the Committee for Sequestrations of the said County of Monmouth, and their Treasurers, are required to make Payment thereof to the said Colonel, or his Assigns, accordingly; and his and their Acquittance, for the Receipt thereof, shall be to the said Committee and their Treasurers a sufficient Warrant and Discharge."

Order for 30l. to King, from Appleby.

"Ordered, by the Lords and Commons assembled in Parliament, that Richard King, the Messenger that brought News of the good Success of taking the Castle of Appleby, have the Sum of Thirty Pounds bestowed upon him, and paid unto him by the Committee for Advance of Monies usually sitting at Habberdash'rs Hall: And it is more particularly referred to Colonel John Moore and Colonel Rigby, to take Care of this Business, that this Thirty Pounds may be speedily paid unto him accordingly."

Order for 100 l. to Capt. Wolfe.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of One Hundred Pounds be bestowed upon, and paid unto, Captain Edward Wolfe, that brought up the good News of the Delivery of Carlisle; and that the said Sum of One Hundred Pounds be charged upon Sir Charles Keymish's Fine, in Course, after the other Engagements upon that Fine first satisfied; and that the same be paid as aforesaid, by the Treasurers at Gouldsmiths Hall, unto the said Captain Wolfe, or his Assignee; and that the Acquittance of the said Captain Wolfe, or his Assignee, shall be a sufficient Discharge unto the Treasurers at Gouldsmiths Hall, for Payment of the said Hundred Pounds accordingly."

Order for 20 l. to Noble.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Twenty Pounds be bestowed upon, and paid unto, Mr. Noble, One of the Messengers that brought the News of the Success of the Surrender of Carlisle; and that the said Sum of Twenty Pounds be charged upon Sir Charles Keymishe's Fine, in Course, after the other Engagements upon that Fine first satisfied; and that the same be paid as aforesaid, by the Treasurers at Gouldsmiths Hall, unto the said Mr. Noble, or his Assignee; and that the Acquittance of the said Mr. Noble, or his Assignee, shall be a sufficient Discharge unto the Treasurers at Gouldsmiths Hall, for Payment of the said Twenty Pounds accordingly."

Adjourn.

House adjouned till 10^a Monday Morning next.