House of Lords Journal Volume 9: 13 April 1647

DIE Mercurii, 7 die Aprilis.

PRAYERS, by Mr. Bridge.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Dr. Aylett return with this Answer:

That the House of Commons will send an Answer, by Messengers of their (fn. 1) own, to the Particular concerning Captain Kettleby, and other Particulars.

Report from the Committee for Sequestrations, concerning Ld. Conway's Estate.

The Earl of Warwicke reported a Paper from the Commissioners at Gouldsmithes Hall, which was read:

"Sabbati, 3 April. 1647.

"By the Commissioners for compounding with Delinquents at Gouldsmithes Hall.

"Ordered, That the Matter of the Petition presented by the Lord Conwey, in which he represents the Condition of his Estate, be reported to both Houses, that their Resolution may be taken therein; which is,

"That his Lordship hath only One Thousand Eight Hundred Pounds per Annum, Part of which is a joint Estate for his own and his Lady's Lives, the other Part only for his own Life, without any Power of Revocation or Disposition, which is charged with Fourteen Thousand Pounds Debts; and his Creditor will not lay on his Extent till the Sequestration be taken off, and then his Lordship loses both his Composition and his Land.

"That Seven Hundred Pounds per Annum out of his Lands are in Mortgage, and the (fn. 2) Mortgager endeavouring to enter upon the Lands for Non-payment; so that, if the Lord Conway shall compound for the said Lands, the Money will be lost, for the Mortgagee will possess the Lands.

"His other Lands are settled in such Manner, that he hath not any Estate in them that will enable him to raise any Money.

"His Debts are Fourteen Thousand Pounds; and he hath not received any Thing out of his Estate these Five Years.

"That what Fine they will please to impose may be taken by such an Annual Rent out of his Estate as that he may be able to pay it, and live.

"He hath been in the Parliament's Quarters this Three Years; and hath taken the National Covenant and Negative Oath at the first coming in.

"His Two Sons are, and have been, in the Parliament's Service, in England and Ireland, from the Beginning of these Wars."

Ordinance to clear him of his Deliaquency.

Ordered, That an Ordinance be brought into this House, wherein all the aforesaid Grounds are to be expressed; and, in regard he hath been so long in Sequestration, that the Profits of his Estate in that Time may go in Lieu of his Fine for his Composition.

And these Lords following were appointed to prepare an Ordinance to this Purpose:

Any Two.

Duke of Buck's Sequestration to be taken off.

The Earl of Northumb. reported from the Committee of Lords and Commons for Sequestrations Two Papers, being the Opinion of that Committee, "That the Sequestration upon George Duke of Bucks be taken off."

The said Papers were read. (Here enter them.)

Ordered, That this House approves of the Opinion of the Committee, that the Sequestration of the Estate of the Duke of Bucks be taken off.

Committee to prepare Heads for a Conference, for dissolving County Committees.

Ordered, To have a Conference with the House of Commons, to put them in Mind of passing the Ordinance formerly sent down to them, concerning the putting down of all Country Committees.

And these Lords following were appointed to draw up Heads to be offered at this Conference:

Any Two, to meet To- (fn. 3) morrow Morning, at Nine of the Clock; and to adjourn from Time to Time, as they shall think fit.

Arrears of Impost Money due to Peers.

Upon Information to this House, "That one Mr. Lisle can discover in whose Hands the Monies are, which have been received divers Years for the Impost which is due to the Peers of this Realm, and hath not been paid to the said Peers:"

It is Ordered, That the said Mr. Lisle shall certify to this House who hath received the Monies which hath been due to the Peers for their Impost for Wines; and then this House will give further Direction therein.

Ld. Loftus and Sir G. Wentworth.

This Day Sir George Wentworth Knight produced Witnesses, upon Oath, to prove the Letter of Sir Robert Loftus to him, to receive the Monies in Sir Paul Davies's Hands; and likewise to prove the Letter of Attorney from Sir Robert Loftus and Sir John Giffard, for him to receive the Monies in Sir Paul Davies's Hand, for his Use; and also to prove the Deed, whereby it appeared that the said Two Thousand Nine Hundred and Forty-four Pounds was paid for disengaging Sir Rob't Loftus's Lands.

The Counsel of the Lord Viscount Ely was present at Bar; and desired the Payment of the Two Thousand Pounds, according to the Decree of this House.

And the House, taking it into serious Consideration, was of Opinion, That Sir George Wentworth is in no Contempt to the Orders or Decrees of this House; and Ordered, That this Business is dismissed this House, notwithstanding the former Order of this House; and to be freed from any Contempt to this House, concerning this Cause.

Message from the H. C. with Committees Names for the Business about Dublin, and other Matters concerning Ireland.

A Message was brought from the House of Commons, by Sir Phillip Stapilton Knight:

That it pleased both Houses formerly to refer the Business of Dublyn to the Members of both Houses that are of the Committee of both Kingdoms at Derby House; but, in regard there are but few of that Committee, the Business is much retarded: Therefore the House of Commons hath thought it fit to add Twelve of their Members to that Committee, to treat about the Affairs of Dublyn, and the Dispatch of the Matters referred to them from both Houses, for drawing Forces out of the Army into Ireland; and to desire their Lordships would please to add a proportionable Number of Peers, if their Lordships shall think fit; and that the said Committee may meet speedily.

The Addition of Names of the Members of the House of Commons were read; videlicet, Denzell Holles Esquire, Nath. Fiennes Esquire, Sir Wm. Lewis, Sir John Clottworthy, Wm. Jepson Esquire, Rich. Sallwey Esquire, Rob't Reynolds Esquire, Sir John Temple, Colonel Edw. Massie, Phillip Lord Lisle, Zouch Tate Esquire, Rob't Goodwin Esquire.

Ordered, That this House agrees to the adding of these Names to the Committee, according to the Desire of the House of Commons.

Lords Committees for the same Purpose.

Ordered, That these Lords following are added to be of the Committee at Derby House, to consider touching the Affairs of Dublyn, and the drawing out of Forces out of the Army here, to be sent into Ireland:

The Answer returned was:

Answer to the H. C.

That this House agrees to the adding of those Names now brought to the Committee at Derby House, as is desired.

Ordered, The Names of the Six Lords added to the Committee at Derby House, for the Affairs of Dublyn, shall be sent to the House of Commons.

Ordinance to dissolve the former Committee for Irish Affairs.

Ordered, That an Ordinance be brought in, for revoking the Committee for the Irish Affairs sitting at the Star-chamber, and transferring all Businesses concerning Ireland to the Committee at Derby House.

Report from the Committee for Sequestrations, about the D. of Buck.

"Die Veneris, 26 Martii, 1647.

"At the Committee of Lords and Commons for Sequestrations.

"In the Case of the Right Honourable George Duke of Buckingham; upon reading of an Order of the House of Commons, bearing Date 17 Novembr. 1646, whereby the said Duke's Case was referred to this Committee, to consider of, and report to the Houses; and upon reading the several Certificates of the Committees of Darbysheir, Hereford, Gloucester, & Rutland, Essex, and Westm'r, and likewise upon reading of Two Orders of the House of Commons, the one dated 16 Janu. 1643, and the other the last of March, 1645: It is Resolved, upon the Question, That it is the Opinion of this Committee, That the Sequestration of his Estate be taken off and discharged: And it is further Ordered, That the same be reported to the Houses; and that his Rents do remain in his Tenants Hands, and his Goods, Stock, and other Estate, undisposed of; and that the Sequestrators do not meddle with them till further Order from the said Houses, or from this Committee.

"Hen. Pelham.

"Intr. R. Vaughan."

"26 Martii, 1647.

"At the Committee of Lords and Commons for Sequestrations.

"In the Case of the Right Honourable George Duke of Buckingham; upon hearing of Counsel on both Sides, and reading of several Certificates in the said Duke's Case, and long Debate of the Matter: It is Resolved, upon the Question, That it is the Opinion of this Committee, That the Sequestration of his Estate be taken off, and discharged: And it is further Ordered, That the same be reported to the Houses; and that the Right Honourable Algernon Earl of Northumberland be desired to report the same to the House of Peers; and Henry Pelham Esquire be likewise desired to report the same to the House of Commons.

"Hen. Pelham.

"Intr. R. Vaughan."

Adjourn.

House adjourned till 10^a cras.