House of Lords Journal Volume 9: 3 March 1647

DIE Mercurii, 3 die Martii.

PRAYERS, by Mr. Valentine.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance to direct the Judges in Trials for Matters committed by Persons under Arms.

The Earl of Warwicke reported from the Committee, the Ordinance for staying Criminal Causes which shall come before the Judges at the next Assizes, of Persons that have acted in the Wars on both Sides, as fit to pass as it is.

Read the Third Time, and approved of; and Ordered to be sent to the House of Commons for their Concurrence.

Loftus arrested.

Upon reading the Petition of Nic. Loftus; complaining, "That he is arrested, contrary to the Protection of this House:"

Bailiffs, &c. sent for.

It is Ordered, That the Petitioner, and the Party at whose Suit he was arrested, and the Serjeants that did arrest him, shall appear before this House To- (fn. 1) morrow; and all Parties shall be heard.

Ordinance for the Tenants of the Bp. of London's Lands to enjoy their Leases.

Upon reading the Petition of divers of the Tenants and Farmers of the Possession of the Bishop of London; desiring, "They may be admitted to enjoy their Leases, according to the several Grants by which they now hold them from Doctor Juxon; they having paid a full and valuable Consideration to him for the same:"

The House thought an Ordinance should be tendered to the House concerning this Business: And an Ordinance was presently offered to the House, which was read Twice.

And the Question was, "Whether this Ordinance shall be committed or not?"

It was Resolved in the Affirmative.

And it was referred to these Lords following:

Any Three, to meet on Saturday next, in the Afternoon.

Justices for Chester.

"Resolved, That the Lords and Commons do nominate and appoint John Bradshawe Esquire to be Chief Justice of the Chester, and Peter Warburten Esquire to be Assistant Justice for this Circuit."

Order for 12,000 l. for the Cheshire Forces.

"Ordered, by the Lords and Commons assembled in Parliament, That the Remainder of the Twelve Thousand Pounds formerly charged upon Goldsmithes Hall, for the Service and Disbanding of the Cheshire Forces, and not yet received, be paid by the Committee at Gouldsmithes Hall, out of the First Monies that shall arise upon the Fines and Compositions of Delinquents of the County of Chester, whose Fines are not yet assigned."

Ordinance to prevent Clipping and Coining.

An Ordinance was this Day presented to the House, concerning the Clipping and Coining of Money; which was received, and read Twice; and Ordered to be referred to the Consideration of these Lords following:

Any Three, to meet To-morrow Morning; and to report it on Friday Morning next.

Message to the H. C. about the Justices for Chester; and the following Particulars.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To let them know, that this House agrees to the Vote for Mr. John Bradshaw to be Chief Justice of Chester, and Peter Warburton Esquire to be Assistant to him for this Circuit.

2. To acquaint them, that this House hath passed the Order for Twelve Thousand Pounds for the Cheshire Affairs.

3. To deliver to them the Ordinance concerning Criminal Matters the next Affizes.

4. To put them in Mind of Mr. Horton and Mr. Bolton to be added to the Assembly.

Order for repairing and preserving the High Roads.

It was moved, "That Command may be given to the Justices of Peace, and others whom it concerns, to put the Laws into Execution for the Mending of the Highways."

And it is Ordered, That the Judges shall be required to give it specially in their Charges, in their respective Circuits; and that the King's Counsel, with the Advice of the Judges, shall prepare an Order for this Purpose, and to be published at the next Sessions publicly; and also to (fn. 2) prevent outrageous Carriages by Waggons with Four Wheels, from Michaelmas to Mayday.

Order to put the Laws against Vagrants in Execution;

Ordered, That the King's Counsel, with the Advice of the Judges, shall prepare an Order for commanding all Justices of the Peace to put into Execution the Laws and Statutes against Vagabonds and Beggars; and to present the same to this House.

and for repairing the Streets in London.

Ordered, That the King's Counsel, with the Advice of the Judges, shall prepare an Order, for quickening the Justices of Peace and other Officers to put the Statutes and Laws into Execution, for mending, cleansing, and paving, the Streets in London, Westm. and the Liberties.

Message from the H. C. with a Declaration to limit Grants out of the Excise;

A Message was brought from the House of Commons, by Mr. Greene, &c.; who brought up divers Particulars:

1. A Declaration corncerning the Limitation of Time for such Grants as are issued out of the Excise, wherein they desire their Lordships Concurrence.

Read Twice.

for Mr. Bradshaw to continue Sheriff of Lancaster;

2. That they adhere for Mr. John Bradshaw to be continued Sheriff of the County of Lancaster, and therefore desire again their Lordships Concurrence therein.

and to remind the Lords of an Order and Ordinance.

3. To put their Lordships in Mind of passing the Order for Twelve Thousand Pounds for Chester, and the Vote for the Judges for Chester.

4. To put their Lordships in Mind of the Ordinance for settling the University of Oxford.

Ordered, That this House agrees to Mr. John Bradshawe to be Sheriff to the County of Lancaster, as it was brought up from the House of Commons.

The Answer returned was:

Answer.

That this House hath agreed to the Justices to go Circuit at Chester, and to the Order concerning the Twelve Thousand Pounds, and to Mr. John Bradshaw to be Sheriff of Lancaster: To the rest, they will send an Answer by Messengers of their own.

Milles's, the Judge Advocate, Trial at Kent Assizes put off.

Upon reading the Affidavit of Phillip Packer: It is Ordered, That the Trial which should be this next Assizes in Kent, wherein John Mylles Judge Advocate to the Army is concerned, shall be put off till Summer's Assizes, in regard he is now actually employed in the Service of the Parliament; and the Judges, Counsellors, and Attornies, and all other Persons whom it concerns, are to take Notice hereof.

Col. Home, a Protection till his Arrears are paid.

Upon reading the Petition of Colonel Thomas Home; shewing, "That his Accompts are stated by the Committee of Accompts at Cornhill, and ready to be reported to the House of Commons; his Arrears amounting to Twelve Hundred Pounds, and Four Hundred Pounds upon the Public Faith; and, through his long Stay and Attendance, is become indebted to divers Persons in the Town, and in daily Danger to be arrested: Therefore he desires their Lordships would grant him the Protection of this House, to free him from Arrests and Trouble, until he shall have received Satisfaction of his said Arrears."

And this House Ordered, That he shall have the Protection of this House, according to his Desire.

Col. Layton to be released, on satisfying his Creditors out of his Arrears.

This Day Colonel Thomas Layton was brought before the Lords in Parliament, by a Habeas Corpus cum Causa, which was read; shewing, "That he is in Custody of the Bailiff of the Dutchy for divers small Sums."

Then divers Petitions of his poor Creditors were read.

It is Ordered, That he shall give Satisfaction to these Creditors now petitioning, out of his Arrears owing to him by the Parliament; and then he shall be released.

The Committee for the Prentices, to meet this Afternoon.

Lawrey to be instituted to St. John, in the Isle of Thanet.

Ordered, by the Lords in Parliament, That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction to Mr. John Laurey Clerk, unto the Rectory of St. John Baptist, in the Isle of Thannett, in the County of Kent, salvo Jure cujuscunque; the said Mr. Laury taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Lloyd to Pembrin;

Ordered, &c. That Doctor Heath, &c. give Institution to David Lloyd Clerk, Master of Arts, to the Vicarage of Pembrin, in the County of Cardigan; Presentation under the Great Seal of England.

Evans to Killy Ayron;

Ordered, &c. That Doctor Heath, &c. give Institution unto Morgan Evans Clerk, unto the Rectory of Killy Ayron, in the County of Cardigan; Presentation under the Great Seal of England.

and Jones to Much Hoole.

Ordered, &c. That Doctor Aylett, &c. give Institution unto Samuell Jones Clerk, unto the Rectory of Much Hoole, in the County of Lancaster; Presentation under the Hand and Seal of Thomas Stone Esquire, Patron.

Adjourn.

House adjourned till 9^a cras.