House of Lords Journal Volume 9: 11 February 1647

JOURNALS OF THE HOUSE of LORDS.

Anno 22° Caroli Regis, 1646.

DIE Jovis, 11 die Februarii.

PRAYERS, by Dr. Gouge.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer to the Message sent Yesterday to the House of Commons:

That they will give a Conference, as is desired; and they agree to the Ordinance concerning Goodwin: (Here enter it.) And to the List of the Merchants Ships: To all the rest, they will send an Answer by Messengers of their own.

Ordinance to reform the University of Oxford.

A Message was brought from the House of Commmons, by Mr. Rous; who brought up an Ordinance for the Visitation and Reformation of the University of Oxon.

The said Ordinance was read the First Time.

The Answer returned was:

Answer.

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

Report about the Ship Trade, alias The Samaritan.

A Paper was reported from the Committee for the Admiralty and Cinque Ports; which was read, as follows, concerning the Ship The Samaritan, alias The Trade.

(Here enter it.)

Ordered, That this House approves of this Report; and that it be sent to the House of Commons for their Concurrence.

Ordinance to reform the University of Oxford.

The Ordinance for the Visitation and Reformation of the University of Oxon, was read the Second Time; and committed to the Consideration of these Lords following:

Any Five, to meet on Monday next, at Three post Meridiem, in the Prince's Lodgings; and to adjourn themselves afterwards from Time to Time, as they shall think fit.

Sir L. Watson and Sir J. Corbet.

The Committee reported the State of the Business between Mr. Stafford and Mr. Watson: (Here enter it.) Which was read, and Ordered to be re-committed, for the better Perusal of the Dates of Orders of the House, and the Date of the Composition of Sir Lewis Watson at Gouldsmithes Hall.

Ordinance to settle the Militia.

An Ordinance was this Day presented to the House, for settling the Militia of this Kingdom; which was read, and Ordered to be committed to the Committee of the whole House, and taken into Consideration To-morrow Morning.

Message to the H C. about Peaker's Examination.

Ordered, That the Committee for Tobias Peaker shall meet To-morrow in the Afternoon, at Three a Clock; and that the Scotts Commissioners have Notice of it, that so they may be present, or send some Persons to be present, when he shall be examined, if they think fit; and that the House of Commons be desired, that he may be brought before the Committee when they shall desire.

And a Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page, to this Purpose.

Dep. Lieut. of Bucks.

Upon Recommendations of the Lord Wharton, Lord Lieutenant of the County of Bucks: It is Ordered, That this House approves of Mr. Phillip Wenman, to be One of the Deputy Lieutenants for the County of Bucks.

Ordinance for Goodwin to be Water Bailiff of Dover, and Keeper of the Prison there.

"Whereas the Office of His Majesty's Water Bailiff and Keeper of the Prison of the Town and Port of Dover, in the County of Kent, is become void by the Death of Richard Dancy; and forasmuch as the Gentlemen of Kent, Members of the House of Commons, have recommended Edward Goodwin to be a fit Man to execute the said Office; and finding that that Place will suffer much, if a fit Man be not suddenly appointed to execute the said Office: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That the said Edward Goodwin shall be Water Bailiff and Keeper of the Prison of the Town and Port of Dover; and shall have and enjoy the Houses and Edifices, and also receive such Fees, Profits, and Commodities whatsoever, as doth belong to the said Office of Water Bailiff and Keeper of the said Prison, in as ample Manner as the said Office hath been formerly granted from the Crown."

Ordinance to pardon Susan Adams, convicted of Manslaughter.

"Whereas, upon the humble Petition of John Adams and Susan his Wife, to the Lords and Commons in Parliament assembled; and upon Consideration of a Desire in Writing to the Commissioners Keepers of the Great Seal, made on the Behalf of the said Susan, by some Members of the House of Commons and others, Justices of the Peace within the County of Sussex; and upon Consideration of a Certificate under the Hands of the Jurors of the Jury, which, upon the Trial of the said Susan at the last Assizes and Gaol Delivery for the said County of Sussex, did find her Guilty of the Manslaughter of Hester Pride, of which the said Susan did then stand indicted; and for that the said Lords and Commons are thereupon satisfied that the said Susan is a Woman of a good Life and Conversation, and the Blow or Stroke given by the said Susan Adams unto the said Hester Pride (whereof it was supposed she died) was but with a small Stick, by Way of Correction of the said Hester, then her Servant, for some Fault which she had committed, and was given without any Malice; and that the said Jury which found the said Susan Guilty confess, that they finding that to be true, and conceiving the Evidence against her not full, had found her the said Susan Adams Not Guilty of the said Felony and Manslaughter, but that they did (by Mistake of the Law) conceive that, though they did find her Guilty, yet she might have (as Men in such Case use to have) the Benefit of Clergy:

"It is therefore by the said Lords and Commons Ordained, That the said Susan Adams shall stand and be from henceforth pardoned and discharged of and touching the said Felony and Manslaughter, found against her upon Mistake as aforesaid, and also freed and pardoned of and from Execution, and all further Proceedings and Imprisonment, upon the Judgement given against the said Susan upon the Verdict of the said Jury.

"And it is further Ordained, That the Commissioners Keepers of the Great Seal for the Time being shall issue forth hereby, and shall have full Power and Authority to issue forth, to and for the said Susan Adams, a Pardon under the Great Seal, according to the Effect of this Ordinance, and a Writ of Allowance of the same, if the said John Adams and his Wife find themselves able to bear the Charge of suing forth such special Pardon and Writ of Allowance, and shall desire to sue forth the same."

Report from the Admiralty Committee, for Garland, Hackwell, & al. to be indemnified for the Detention of their Ship The Trade, alias The Samaritan.

"Die Jovis, 4 Februarii, 1646.

At the Committee of Lords and Commons, for the Admiralty and Cinque Ports.

"Whereas, upon the Petition of Robert Guarland, Robert Hackwell, Robert Gravenor, Edmond Grove, and others, Proprietors of the Ship Trade, of London, directed to the House of Commons, praying that, in respect of their good Affection to the Parliament, the said Ship might be restored to them, having been, in her Way to London, about the Beginning of the late Troubles, forced into Falmouth, after a Fight with Two Dunkirke Men of War, and by contrary Winds, and there, with her Lading of Four Thousand Pounds Value, seized upon for the King's Use, by Sir Nicholas Stanning, and after retaken by Captain Thomas, then Captain of The Warwick Frigott, in the Parliament's Service, it was referred to this Committee, by the Committee for Petitions, to give the Petitioners Satisfaction, if there should be Cause; whereupon the Committee referred the Petitioners to make good the Suggestions of the said Petition, and their Property in their said Ship, by Proof in the Admiralty Court: Now, upon a Second Petition from the said Parties, directed to this Committee, setting forth, That, the said Ship being condemned in the Court of Admiralty as lawful Prize to the Parliament by the Name of The Samaritan, they have contracted for the said Ship, paying One Half of the Money in Hand, and entered into Bonds to the Speaker of the House of Commons and the Collectors for Prize Goods to pay the other Half on the Fourth of July, 1645, the said Half amounting unto One Hundred and Twenty-two Pounds, Ten Shillings; and praying, that the said Bonds may be delivered up to them to be canceled, and such Restitution made of the other Moiety so paid as shall be thought meet: And upon Consideration the late Judge of the Admiralty's Report, That, by the Depositions of Six Witnesses taken in that Court, the Allegations of the said Petition, as to their Property in the said Ship, her forcing into Falmouth in her Way to London, her Seizure there for the King, her Re-taking by Captain Thomas, her Condemnation in the Admiralty Court here, and the Petitioners good Affection to the Parliament, are sufficiently proved: Ordered, That Report be made thereof to both Houses of Parliament; and that it be recommended to them, as the Opinion of this Committee, That the said Bonds be delivered up to be canceled; and that they be further considered of, by being put into the Ordinance for the (fn. 1) repairing of Persons well-affected to the Parliament, in such Proportion as the Houses shall in their Wisdom think fit.

"W. Jessop, Secretary."

Report concerning Sir L. and Mr. Watson, and Sir J. Corbett, about the Manor of Milton.

"William Stafford Esquire, seised in Fee of the Manor of Milton, and divers Lands in the County of Bucks, with their Appurtenances, by Deed inrolled in Chancery, bearing Date 15 Novembr. 10° Caroli, did bargain and sell the same to Sir Lewis Watson and John Loddington, and their Heirs; Loddington being a Servant to Sir Lewes, and his Name used in Trust for his Master.

"Sir Lewes Watson, by Deed, 27 Maii, 13° Carol. demiseth the Manor and Lands to William Stafford, his Executors and Assigns, for Two Thousand Years from the Date; provided, if Six Thousand Two Hundred and Forty Pounds were not paid the 28th of November then next, the Lease to be void; which was not paid: And Stafford, in Default of Payment, covenants for enjoying, and to make further Assurance.

"Sir Lewis Watson, by this Deed, 1 Julii, 18° Carol. made to John Earl of Rutland whose Sister Sir Lewes married, and to others, for Settlement of the said Manor and Lands of and in Milton, with other his Manors and Lands, Covenants, for himself and all such Person and Persons as were intrusted by and for him in all on any the same, That he and they should and would from thenceforth stand seised of and in the the same to Sir Lewes Watson, for his Life, without Impeachment of Waste; and after his Decease, to Edward his Son and Heir Apparent, and the Heirs Males of his Body; with divers Remainders over in Tail; the Remainder to the Right Heirs of Edward the Son.

"Sir John Corbett, by Order of the House of Commons, 14 Martii, 1645, hath the Manor of Milton granted to him, as in Mortgage to Sir Lewes Watson a Delinquent, until Mortgage-money satissied to him.

"Sir Lewis Watson, for the Manor in particular, inter alia, 7degree; Decembris last, compounds with the Committee at Gouldsmiths Hall Sir John Corbett endeavouring to oppose it, by the recited Order of the House of Commons. Sir John in all this Time, nor until after the Composition, having sought any Confirmation of it from your Lordships; until after; the, Composition; and then, 12degree; Decembris, obtains an Order of the Lords Concurrence in the same.

"By this the Parties concerned, Sir. Lewes the Fa ther and Edward. the Spn, unheard, are prevented of their several Rights; the Father of his Estato for Life by him compounded for (by your Lordships Concurrence after his: Gomposition made), and the Son of the Estate so settled upon him; which Order, as to their several Intverests, they both are humble Petitioners may be recalled.

Bett to be in stituted to Barswell;

Ordered, &c. That Doctor Heath, or his lawsul Deputy, are here by Authorized and required, upon Sight of this Order, to give Institution and Induction unto Lawrence Bett Clerk, to the Rectory and Parish Church of Barswell, in the County of War-wick, with his Member of Barston adjoining, void by the Death of the last Incumbent there, salvo Jure cujuscunque; the said Mr. Bett taaking ther National League, and Covenat and producing his Presentation thereunto under the Hand and Seal of William Lord Viscount. Say & SeaIe Patron pro hac vice, by reason of the Minority of.Edward Marrow Esquire.

and Banks to Ivy Church.

Ordered, &c. That Sin, Nathaniell Brent Knight, Vicar General, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto John Banks Master of Arts, to the Rectory of Ivy Church, in the County of Kent, salvo Jure, cujuscunque; the said Mr. Banks taking the National. League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Adjourn.

House adjourned till 9^a cras.