House of Lords Journal Volume 9: 23 April 1647

DIE Veneris, 23 die Aprilis.

PRAYERS, by Dr. Hoyle.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Sir R. Gurney's Petition.

Upon reading the Petition of Sir Ric'd Gurney: It is Ordered, To be referred to the Committee of Lords and Commons for Sequestrations; and the Concurrence of the House of Commons to be desired herein.

Aylett's Ordinance.

The Ordinance for taking off the Sequestration of John Aylett, was read, and Agreed to.

(Here enter it.)

Mildmay, Smith, & al. sent for for disobeying L. Say & Seal's Warranty for apprehending a Man for hunting on Hounslow Heath.

Upon Complaint made this Day, "That (fn. 1) he having sent Two Warrants to a Constable, to bring before him a Huntsman, who hunts and destroys the Game upon Hounslow Heath, and the Hare-warren near Hampton Court; and Mr. Mildmay and Thomas Smyth will not let the Constable of Whiton bring the said Huntsman before his Lordship."

Hereupon it is Ordered, That Mr. Mildmay; Thomas Smyth, Browne the Huntsman, and the Constable of Whitton, shall appear (fn. 2) before this House on Tuesday Morning, to answer their Contempt, in disobeying the Warrant of the Lord Viscount Say & Seale.

Mrs. Burhill's Ordinance.

The Ordinance concerning Mrs. Burhill, was agreed to, with some Alterations; and Ordered, to be sent to the House of Commons for their Concurrence in the said Alterations.

Answer from the H. C.

Dr. Aylett and Mr. Sadler return with this Answer from the House of Commons:

That they have appointed their Members, that are Committees for the judging of scandalous Persons that are to be kept from the Sacrament, to meet the Lords Committees, as their Lordships have appointed: To all the rest of the Particulars, they will send an Answer by Messengers of their own.

Message from thence, with an Ordinance.

A Message was brought up from the House of Commons, by Mr. West, &c.

To desire their Lordships Concurrence in an Ordinance for collecting the Money (fn. 2) in the County of Bucks, upon the Act for the raising of Monies for the necessary Defence and great Affairs of the Kingdoms of England and Ireland. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this (fn. 2) House agrees to this Ordinance now brought up.

Hallowes Order.

The Order brought up from the House of Commons, concerning Nath. Hallowes, a Member of the House of Commons, was read, and Agreed to.

(Here enter it.)

Willis's Claim to be Prothonatory of Carmarthen, &c.

Upon reading a Petition of Richard Willis Esquire; shewing, "That he hath a Grant of the Offices of Prothonotary and Clerk of the Crown, of and for the Counties of Carmarthen, Pembrooke and Cardigan, and the Village of Haverfordwest, &c. yet he finds that there is passed an Ordinance of both Houses of Parliament, to authorize the Commmissioners of the Great Seal of England to pass a Grant thereof to Rob't Coytmore, for his Life, without taking Notice of the Petitioner's Interest: Therefore he desires that his Right may be taken into Consideration, and Direction given to the Commissioners of the Great Seal, to make Stay of passing any such Grant to his Prejudice, until he be heard by his Counsel for his Right herein."

It is Ordered, That the Commmissioners of the Great Seal of England shall make Stay of passing the said Grant under the Great Seal, until the further Directions of this House be given.

Watson to be instituted to Kirby Kame.

Ordered, That Doctor Aylett shall give Institution and Induction to John Watson Master of Arts, to the Rectory of Kirkby Came, in the County of Norff. being presented thereunto by Richard Catlyn, de Kirkby Came, in Com. Norff. And this to be with a salvo Jure cujuscunque; he taking the Covenant.

Propositions from the City, for lending 200,000l. for Ireland.

The House was adjourned into a Committee during Pleasure, to take into further Consideration the Business concerning the Votes which came from the House of Commons, touching the borrowing of the Two Hundred Thousand Pounds of the City.

And the House being resumed:

The Question was put, "Whether that the Security which their Lordships have agreed to be sufficient?"

It was Resolved in the Negative.

Then the House took into further Consideration what Security to be added.

And the Question being put, "Whether the whole Compositions at Gouldsmithes Hall, in Course, shall be added to the Security?"

It was Resolved in the Affirmative.

The Lord Wharton and the Lord Willoughby were appointed to tell the Votes: And the Contents were Ten, and the Not Contents were Six.

The Sixth and Seventh Votes were Agreed to.

The Eighth Vote was Agreed to, with an Alteration.

Paper from the Committee of the Admiralty, for the Judicature of that Court to be settled.

The Lord North reported a Paper from the Committee of Lords and Commons for the Admiralty; which was read, videlicet,

"This Committee receiving daily new and fresh Complaints, both from Foreigners, and from the Subjects of this Kingdom, of the great Mischiefs and Inconveniencies, and Failures of Justice, that arose for Want of the Settlement of the Jurisdiction and Court of Admiralty, thought it their (fn. 3) Duties to represent the Matter to both Houses of Parliament, with the humble Desire of this Committee, that the Honourable Houses would be pleased to take the same into speedy Consideration, and to give Order for the bringing in of an Ordinance for the Settlement of such a Jurisdiction in that Court as they in their Wisdoms shall think fit."

Ordered, That this be sent to the House of Commons.

Message from the H. C. with Instructions for the E. of Pemb. to tender the Propositions to the King.

A Message was brought from the House of Commons, by Denzell Holles Esquire; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. Instructions to be given to the Earl of Pembrooke, &c. to tender the Propositions to the King; and they desire Concurrence, that, when this House agrees to them, they may be communicated to the Scotts Commissioners.

Read Once, and Ordered to be taken into Consideration on Tuesday Morning next.

The Answer returned was:

Answer.

That this House will send an Answer by Messengers of their own.

Letter from the Scots Commissioners, for Committees to meet with them.

A Letter from the Scotts Commissioners, was read; (videlicet,)

"Right Honorable,

"We have some Things in Comand from the Parliament of Scotland, to be comunicated to the Honorable Houses; for which Ende, we doe desire that they would be pleased to appoynt their Comittee to meete with us when they shall thinke fitt. And soe we rest

"Your Lordship'

"Most humble Servants,

Worcester House, 23 Aprill, 1647.

"Hew Kennedy.
Lauderdaill.
Charles Erskine.
Ro. Barclay.

"For the Right Honorable the Speaker of the House of Peeres pro Tempore; to be comunicated to both Houses of Parliament."

Ordered, That this Letter shall be sent to the House of Commons; and that the Members of both Houses of the Committee of both Kingdoms shall meet with the Scotts Commissioners To-morrow in the Afternoon.

Message to the H. C. for Committees to meet with them;—for L. Hereford's Losses to be repaired;— about borrowing 200,000l. of the City;—with the Report from the Admiralty Committee;

A Message was sent to the House of Commons, by Dr. Aylett and Mr. Sadler:

1. To desire that they would give Concurrence to the Desires of the Lord Viscount Hereford, mentioned in his Petition formerly sent down to them, that he may have the Compositions of Sir Wm. Russell and Sir John Pagginton, towards the Reparation of his Losses.

2. To acquaint them with what Votes this House agrees with them in, concerning the Security to be given to the City for the Two Hundred Thousand Pounds to be borrowed of them, and to what Votes this House have made Alterations in, and desire Concurrence therein; and to desire Concurrence in the Vote for Addition of the Security.

3. To communicate the Report from the Committee for the Admiralty; and desire that they will consider of some Course for settling the Court of Admiralty.

4. To deliver to them the Letter from the Scotts Commissioners; and to let them know, that this House hath appointed their Members of that Committee, to meet with the Scotch Commissioners, To-morrow in the Afternoon; and desire the same Power may be given to their Members that are of that Committee.

and with Burghill's Ordinance.

5. To desire Concurrence in the Alterations in the Ordinance concerning Mr. Burghill.

Ordinance to clear Aylet of his Delinquency.

"Whereas John Aylett, of Magdalen Laver, in the County of Esex, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Four Hundred and Threescore Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said John Aylett, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee of Gouldsmiths Hall, and of all Mean Profits thereof, from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said John Aylett in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Aylett from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Aylett shall pay such further Fine, by Way of Composition, as both Houses shall appoint."

Ordinance to collect Monies in Bucks, on the Act for raising Money for Defence of England and Ireland.

"Be it Ordained and Declared, by the Lords and Commons assembled in Parliament, and by Authority of the same, That the Monies not yet levied in the County of Bucks, upon the Act of Parliament, intituled, "An Act for the raising and levying of Monies, for the necessary Defence and great Affairs of the Kingdoms of England and Ireland, and for Payment of the Debts undertaken by the Parliament," may and shall, upon the same Act, and Commissions thereupon granted, be charged, set, assessed, rated, taxed, levied, and paid, within the said County, notwithstanding the same was not done within the Time limited by the said Act: And the said Lords and Commons do hereby authorize and order the same to be yet done, and the same, so done, to be as effectual as if it had been done within the Time limited by the said Act; and the Commissioners named in the said Act for the said County, or any Two of them, are hereby authorized to take a Recognizance, in such Sum as is appointed in the said Act, of every such Person as they, or any Two of them, have appointed, or shall appoint, to be High Collectors, for the collecting and paying all Monies by them collected, at the several Places, and to the several Persons, named in the said Act, at or before the First of May next ensuing, and the Residue within One Month after he shall have collected the same; and all Parties who have acted, or shall act, for the raising the Monies aforesaid, shall be protected and saved harmless, by Authority of both Houses of Parliament."

Order for Mr. Hallowes to have the Rent reserved of a Tenement of his, due to the E. of Newcastle.

"Whereas Nathaniell Hallowes Esquire (a Member of the House of Commons) has an Estate in a Tenement called The New-bould-Hall, with the Appurtenances, in the County of Derby, upon which is reserved the Rent of Thirty Pounds by the Year, during the Term of Five Years, payable to the State, by reason of the Delinquency of the Earl of Newcastle: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Nathaniell Hallowes do enjoy the said Tenement for the Five Years to come, including the Rent due on the Five and Twentieth of March last, free and discharged of the said Rent of Thirty Pounds per Annum, if the Sequestration shall so long continue."

Powel to be instituted to Ibston.

Ordered, &c. That Sir Nathaniell B'ent, &c. give Institution and Induction unto John Powell Master of Arts, unto the Rectory of Ibston, in the County of Oxon, void by the Death of the last Incumbent; Presentation under the Seal of Merton College, in the University of Oxon: And this to be with a salvo Jure cujuscunque, and taking the Covenant.

Adjourn.

House adjourned till 10^a Tuesday Morning next.