House of Lords Journal Volume 9: 8 April 1647

DIE Jovis, 8 die Aprlis.

PRAYERS, by Mr.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Widows Petition.

Upon reading the Petition of divers poor Widows: It is Ordered, To be recommended to the House of Commons.

Mrs. Ashburnham & al. a Pass.

Ordered, That Mrs. Ashburnham, with her Two Daughters, Mrs. Francis and Mrs. Ann Ashbur'ham her Daughters, and Mr. John Ashburnham her Son, shall have a Pass, to go into France; there to remain for Three Months; and afterwards to come into England again; and to take along with her Two Men Servants, and Two Maid Servants.

Samon versus Row, in Error.

Ordered, That the Cause upon a Writ of Error between Samon and Row shall be heard, at this Bar, the 29th of April.

Thomas versus Godyer and Deacon.

This Day John Jones Esquire, John Wilcocke and David Maddocks, Witnesses on the Behalf of Francis Thomas Widow, Plaintiff, against Edmund Godyer and Thomas Decon Defendants, were sworn at this Bar.

Trenchard to be quieted in the Church of Exford:

Upon reading the Petition of Sir Oliver Luke Knight, and John Trenchard and Henry Trenchard Gentlemen, and the Affidavit of Ozias German, of the Parish of Exford, in the County of Som'sett, and the Affidavit of Hugh Stote:

Delinquents, for disturbing him, sent for.

It is Ordered, That an Order be sent to the Sheriff of Som'settshire, to remove the Force, and to see the Order of this House put into Execution; and that such of the Committees and Sequestrators of that County as are Principals in the Offence shall be sent for, to appear before this House, to answer the same.

Peacock's Petition.

Upon reading the Petition of Peacock Merchant: It is Ordered, That the Consideration of the Petition is referred to the Committee for the Admiralty, who are to report to this House the true State of the Business; and then this House will take the Business into further Consideration.

Col. Allen to be released, on satisfying his Creditors.

Ordered, That Lieutenant Colonel Allen shall be released, leaving in the Hand of the Sheriffs of London the Assignments of his Arrears to Nicholas and the rest of the Creditors proportionably.

Report about borrowing 200,000 l.

The Earl of Northumb. reported, "That the Committee went into London, to propound the borrowing of Two Hundred Thousand Pounds of the City of London; and they have made a Committee, to consider of the Proposition."

Ordinance to clear Cols. Gallop and Duke of their Delinquency.

Upon reading a Letter of Vice Admiral Batten: (Here enter it.) It is Ordered, That an Ordinance be drawn up, that the Two Persons named in the Letter shall have the Benefit of what Vice Admiral Batten did undertake to them for.

Preacher at the Fast.

Ordered, That Mr. Tuckney shall preach the next Fast-day, before the Lords, in the Abbey-church at Westm. in the Place of Mr. Spurstoe.

Message to the H. C. for a Conference on Two Ordinances; and about the following Particulars.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Aylett:

1. To deliver to them the Names of the Six Lords added Yesterday, to be added to the Committee for the Irish Affairs, sitting at Derby House.

2. To desire a Conference To-morrow Morning, at Ten of the Clock, in the Painted Chamber, concerning the Ordinance for regulating the University of Oxford, and concerning the Ordinance for putting down the Committee in the Countries.

3. To deliver to them the Ordinance concerning making Mr. Palmer Minister of Aston, in the County of Derby.

4. To deliver to them the Petition of the Widows.

Committee for Petitions.

Ordered, That the Committee for Petitions shall sit every Friday in the Afternoon.

Dartnell's Petition.

Ordered, That the Petition of Jasper Dartnill is referred to the Committee for Petitions.

Ordinance for 4000 l. for Gloucester.

Upon the Report of the Lord Willoughby, from the Committee concerning the Ordinance for Four Thousand Pounds for the City of Gloucester, "That the said Ordinance is thought fit to pass, with a Saving to the Rights of all Persons:"

And it is Ordered, That the said Committee do bring in a Saving to that Purpose.

Moore & al. Priests, to be attached.

Ordered, That the Gentleman Usher, or his Deputy, shall attach the Bodies of Father Henry Moore, Father George Popham, Father Andrew Knightley, and Father Thomas Budde, Priests, and bring them before the Lords in Parliament.

Reduction of Jerrey to be considered.

Upon reading the Petition of many of the Inhabitants of Jersey; desiring, "That some speedy Course may be taken for Reduction of that Island:"

It is Ordered, That an Account shall be given Tomorrow Morning to this House, what this House hath done formerly in this Business; and then to be Part of the Conference with the House of Commons To-morrow.

Sedgwick's Ordinance.

The Ordinance for making Steven Sedgwicke Minister of, in the County of, was read Twice.

Robinson to be-paid for Arms.

Upon reading the Petition of Sara Robinson: It is Ordered, That some speedy Course may be appointed for their Satisfaction for the Money for the Four Hundred Swords which they delivered for the Use of the State.

Sir A. Blunden versus Loftus.

Upon reading the Petition of Sir Arthur Blunden against Mr. Loftus: It is Ordered, That Mr. Loftus shall have a Copy of the Petition, and return his Answer within a Week to this House; and then further Direction shall be given.

Sir O. Luke and Trenchard's Pet. complaining of Trenchard being turned out of the Church of Exford, and Langford placed in his Room.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Sir Oliver Luke Knight, John Trenchard Esquire, and Henry Trenchard Gentleman;

"Shew,

"That whereas the Parish of Exford, Com. Som'rsett, upon the Avoidance of the late Incumbent, being destitute of a Minister, the Committee for that County did place one John Lang ford to officiate there, until the Patrons should present a Clerk thereunto; since which Time your Petitioners, being the lawful Patrons thereof, did present one George Trenchard Clerk, to officiate that Cure; and your Lordships, the One and Thirtieth of December last past, were pleased to order, That Institution and Induction should be given unto the said George Trenchard, your Petitioners Clerk; which was done accordingly, and the said George Trenchard had the quiet Possession of the said Church: Nevertheless the Committee for the said County of Som'sett, directly contrary and in Contempt of your Lordships Order, and to your Petitioners just Right of Presentation which they well knew, have discharged, displaced, and removed, your Petitioners Clerk out of the Possession of the said Church, and have, by their own Order, placed the said John Lang ford into the said Parsonage, and do continue the said Langford in the Possession thereof by the Strength of Fifty Soldiers now quartered in that Parish for that Purpose, under Captain Kingsland's Command; and that your Petitioners Clerk, so coming in under your Petitioners Title, and by virtue of your Lordships Order, hath been very much abused by the said Committee, and such as they employed (all which appears to be true by the Affidavits hereunto annexed).

"Now, forasmuch as your Petitioners Clerk is a very orthodox Divine, and presented by your Petitioners, and instituted and inducted by your Lordships Order as aforesaid, and for that he is well liked-of by the whole Parish (as by their Petitions and Certificates on his Behalf may appear); and that the said John Langford is a Man that hath been bred towards the Law, and hath little or (fn. 1) no Knowledge in Point of Divinity, although lately ordained a Minister:

"Your Petitioners therefore humbly pray your Lordships peremptory Order, that the said George Trenchard, your Petitioners Clerk, may be forthwith restored to the Possession of the said Rectory of Exford, and Profits thereof; and that the said Committee be required to yield Obedience thereunto; and that the said John Langford may be discharged from officiating that Cure any longer; and that the Soldiers of the said Captain Kingsland be removed from thence.

"And your Petitioners shall ever pray, &c.

"Ol. Luke.
John Trenchard.
Hen. Trenchard."

Affidavits concerning this Business.

"Ozias German, of the Parish of Exford, in the County of Som'sett, Yeoman, maketh Oath, That, after George Trenchard Clerk was presented by the Patrons, and instituted and inducted, to the Rectory of Exford aforesaid, by Order of the Right Honourable the House of Peers, and after he had the quiet Possession of the said Church; one Mr. Collier, the Sequestrator for the County of Som'sett, by Order or Warrant from the Committee of that County, did require the said George Trenchard to deliver unto him the Possession of the said Church; and, in respect the said George Trenchard did not presently deliver the Possession of the said Church unto him, he the said Collier (in the Presence of this Deponent) drew his Sword at the said George Trenchard, and said, "If the said George Trenchard would not presently obey his Warrant, he would run him through:" Whereupon the said Collier, the next Day after, carried the said George Trenchard with him to Bridgewater, to attend the Committee; and that the said George Trenchard did afterwards attend the Committee, who did displace and remove the said George Trenchard out of the said Parsonage, and put into the Possession thereof one John Langford Clerk; ever since which Time, about Fifty Soldiers of Captain Kingsland's Foot Company have quartered in that Parish, to keep and continue the said John Langford in the Possession of the said Rectory, as this Deponent hath been told by some of the Soldiers.

"Jur. 7 Die April. 1647.
John Page.
The Mark of
Ozias O German."

"Hugh Stote, of the Parish of Exford, in the County of Som'sett, Yeoman, maketh Oath, That one John Langford Clerk was placed and put into the Rectory of Exford aforesaid, by the Committee of the said County of Som'sett, by virtue of an Order made by that Committee to this Effect; (videlicet,) That the said John Langford should officiate as Minister there, until Captain John Trenchard and others the Patrons should try their Title to the said Parsonage, which Order this Deponent heard read in the Church of Exford; since which Time, the Patrons have presented one George Trenchard Clerk, who had Institution and Induction into the said Rectory by virtue of an Order of the Right Honourable the House of Peers; and that the said George Trenchard (after he was so inducted, and had the quiet Possession of the said Church by virtue of the said Lords Order) demanded of the said John Langford the Possession of the said Parsonage-house; but the said Langford, in the Presence and Hearing of this Deponent, peremptorily refused to deliver the Possession thereof unto the said George Trenchard: And further deposeth, That the said John Lang ford, by Order from the said Committee, is since then restored to the Possession of the said Rectory and Church, and Profits thereunto belonging; and that about Fifty Soldiers of Captain Kingsland's Foot Company have quartered in the said Parish for a Month last past; and when this Deponent came from thence, being about a Week since, the said Soldiers still continued there, to the End, as this Deponent believeth, to keep and continue the said John Langford in the Possession of the said Rectory and Parsonage.

"Jur. 7 Die Aprilis, 1647.
John Page.
The Mark of H
Hugh Stote."

Letter from Adm. Batten, recommending Cols. Gallop and Duke to the Favour of the Houses, on account of their Services to the Parliament, in surrendering Portland, &c.

"To the Right Honourable and my very good Lord the Earl of Manchester, Speaker of the House of Peers. These humbly present.

"Right Honourable,

"I take the Boldness to acquaint your Lordship with a Business that nearly concerns my Honour and Reputation: Being intrusted by the Parliament in their Affairs at Sea the last Year, I fell in Treaty with Colonel Gallopp and Lieutenant Colonel Duke, for the Surrender of Portland Castle and Island, which with no small Difficulty I effected. Upon my often meeting with the said Gentlemen on that Occasion, I observed that they had a good Interest in Sir Ralphe Hopton, who at that present had a great Influence over the Prince of Wales; and thereupon treated further with them, to employ their best Endeavours for bringing him into the Parliament Quarters: For the better effecting of which Work, the said Gentlemen were content that I should omit their Names in the Articles of Treaty, whereby the Prince might not take Notice of their Willingness to surrender; but that it should rather seem to be the Act of the Islanders: Whereupon I undertook unto them, That they should stand freed and discharged of and from all Actions and Suits that should be brought against them, for any Act by them, or either of them, done relating to the late War: Since which Time, they are sued and impleaded in several Courts, for Acts of Hostility before their Surrender. My humble Suit unto your Lordship is, That you would be pleased to move the Honourable House of Peers, that my Undertaking therein may be looked upon as an acceptable Service to the State, and the said Colonel Gallopp and Lieutenant Colonel Duke be freed and discharged of and from all Actions and Suits for any Thing by them done relating to the late War, upon Command given them by their Superior Officers, upon which Actions Execution will shortly be sued forth against them, if they be not suddenly relieved by the Mercy of the Parliament. So, humbly leaving the same to your Lordship's Wisdom, I take Leave, and remain

London, 26th March, 1647.

"Your Lordship's
Humble Servant to be commanded,
Will. Batten."