House of Lords Journal Volume 9: 8 January 1648

DIE Sabbati, 8 die Januarii.

PRAYERS, by Mr. Marshall and Mr. Callamy.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Dr. Aylett and Mr. Eltonheade return with this Answer from the House of Commons;

That they agree to these Particulars:

1. To the Ordinance for Mr. Thompson to be Rector of Bothell in Northumberland. (Here enter it.)

2. A Pardon for the Midland Circuit.

(Here enter it.)

3. A Pardon for the Prisoners of the Northern Circuit. (Here enter it.)

4. That the Marquis of Winton shall have Liberty for Four Months longer, upon the same Security.

5. To the Ordinance concerning Alderman Gibbs and Mr. Noell. (Here enter it.)

6. To the Petition of Andrew White to go out of England.

Concerning the Earl of Cleveland's Business, and Mr. Hawkins' Petition, they will send an Answer by Messengers of their own.

L. Herbert excused.

Ordered, That the Lord Herbert is excused for his Attendance on this (fn. 1) House, in regard of his ill Health.

Votes for no further Application to be made to the King.

Ordered, That the Consideration of the Votes which came from the House of Commons, appointed for the Business of this Day, shall be considered of on Thursday next; and that those Lords now absent, and are not excused, shall be summoned to attend the House on Wednesday Morning next, and not to depart without Leave of the House.

Message from the H. C. with Ordinances and Orders.

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

Divers Ordinances of Compositions for Delinquents Estates, wherein they desire their Lordships Concurrence.

2. An Order, That Dr. James Usher may preach at Lyncolnes Inne. (Here enter it.)

Agreed to.

3. An Order, That Dr. James Usher may sit with the Assembly of Divines. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Orders concerning Doctor Usher: To all the rest, they will send an Answer by Messengers of their own.

Ordinance for a Committee for the Militia of The Tower Hamlets.

The Ordinance concerning the constituting a Committee of Militia within the Hamlet of The Tower of London, was read the Third Time, and Agreed to.

(Here enter it.)

Ordinance to raise 50,000l. for Ireland.

The Ordinance for raising Fifty Thousand Pounds was read, and Agreed to, with a Proviso for excepting of Worcester House.

Message to the H. C. with it; and with Lady Brook's Petition.

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

1. To deliver to them the Ordinance for raising Fifty Thousand Pounds for Ireland, which the Lords have passed, with a Proviso; and desire their Concurrence therein.

2. To deliver to them the Petition of the Lady Brooke, with the Sense of the Lords upon (fn. 2) it; and desire their Concurrence therein.

Ordinances to clear the following Persons of their Delinquency.

This Day these Ordinances of Compositions were read, and passed:

Hickman's.

"Whereas William Hickman, of Barnacle, in the County of Warwick, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred Thirty and Three 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 Wm. Hickman, 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 at Gouldsmiths Hall, and of all Mean Profits thereof, from the Thirtieth Day of April, 1646, with an Exception of the Right or Estate of the said William Hickman 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 William Hickman from a further Composition, for any further Estate, Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and, 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 William Hickman shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

May, D°.

"Whereas James May, of Coldry, in the County of Southampton, Esquire, hath by both Houses of Parliament been admitted to his Fine of Eight Hundred 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 James May, 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 at Gouldsmiths Hall, and of all Mean Profits thereof, from the Seventh Day of July, 1646, with an Exception of the Right or Estate of the said James May in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of 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 James May 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said James May shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Lloyd, D°.

"Whereas Edward Lloyd, of Trevant, in the County of Mountgom'y, Esquire, hath by both Houses of Parliament been admitted to his Fine of Two Hundred and Eighty Pounds, he having (fn. 3) adhered unto and assisted the Forces raised 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 Edward Lloyd, 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 at Gouldsmiths Hall, and of all Mean Profits thereof, from the 28th Day of September, 1646, with an Exception of the Right or Estate of the said Edward Lloyd 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 Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Edward Lloyd 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Edward Lloyd shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Bretton, D°, .

"Whereas John Bretton, of Bretton, in the County of Yorke, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred 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 Bretton, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant (fn. 4) 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 at Gouldsmiths Hall, and of all Mean Profits thereof, from the Sixteenth Day of September, 1646, with an Exception of the Right or Estate of the said John Bretton 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 Bretton 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 Bretton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Mollineux, D°.

"Whereas Roger Molineux, of Toversell, in the County of Nottingham, Esquire, hath by both Houses of Parliament been admitted to his Fine of Two Hundred 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 Roger Mollineux, 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 at Gouldsmiths Hall, and of all Mean Profits thereof, from the 4th Day of July, 1646, with an Exception of the Right or Estate of the said Roger Mollineux in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of 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 Roger Mollineux 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Roger Mollineux shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Isaack, D°.

"Whereas Amias Isaack, of Upcott, in the County of Devon, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Three Hundred and Forty-five 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 Amias Isaack, 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 at Gouldsmiths Hall, and of all Means Profits thereof, from the 23th Day of September, 1646, with an Exception of the Right or Estate of the said Amias Isaack 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 Amias Isaack 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 Amias Isaack shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Chandler, D°.

"Whereas Thomas Chandler, of Hide Barton, in the County of Southampton, Esquire, hath by both Houses of Parliament been admitted to his Fine of Two Hundred and Seventy 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 Thomas Chandler, 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 at Gouldsmiths Hall, and of all Mean Profits thereof, from the 30th Day of March, 1647, with an Exception of the Right or Estate of the said Thomas Chandler 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 Thomas Chandler 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 Tho. Chandler shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Sir Gerrard Fleetwood, D°.

"Whereas Sir Gerrard Fleetwood, of Crawley, in the County of Southampton, Knight, hath by both Houses of Parliament been admitted to his Fine of Five Hundred and Seventy Pounds, he having been a Commissioner for raising Monies for the Forces raised 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 Sir Gerrard Fleetwood, 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 at Gouldsmiths Hall, and of all Mean Profits, from the 8th Day of April, 1646, with an Exception of the Right or Estate of the said Sir Gerrard Fleetwood 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 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 Sir Gerrard Fleetwood from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and 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 Sir Gerrard Fleetwood shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Doctor Usher to preach at Lincolns Inn, and be One of the Assembly.

"Resolved, by the Lords and Commons in Parliament assembled,

"That Doctor James Usher shall have Leave to preach at Lincolnes Inne, according to the Desire of his Petition.

Resolved, &c.

That Doctor James Usher shall have Leave to go to, and sit with, the Assembly of Divines, as One of the said Assembly."

D. of Hamilton's Pictures, &c. to be restored to him.

"Ordered, by the Lords and Commons assembled in Parliament, That as well the Pictures as other Goods of the Lord Duke Hamilton, in the Custody of the Earl of Denbigh, or any other, be restored unto the said Duke Hamilton, or such as by him are appointed to receive the same."

"An Ordinance for constituting a Committee of Militia, within the Hamlets of The Tower of London.

Ordinance to constitute a Committee for the Militia of The Tower Hamlets.

Be it Ordained, by the Lords and Commons in Parliament assembled, That Colonel Titchbourne Lieutenant of The Tower of London, or any other Lieutenant for the Time being, Thomas Hubbert, Salomon Smith, Samuell Moyer, Thomas Marsh, Esquires, Maurice Thompson Gentleman, Colonel William Willoughby, Martin Noell, John Waterton, Francis Zacrye, William Pennoyre, Richard Lowton, William Levit, Gentlemen, Captain John Taylor, Captain John White, John Roxton, John Sayers, Richard Hereman, Gentlemen, Captain John King, Thomas Hall, Fulke Wormelayton, Robert Crowley, Richard Davyes, Henry West, Abraham Corselis, Gentlemen, Captain Peter Gale, Osmond Copin, Richard Tayler, Robert Denis, John Hasle, Thomas Hawson, Edward Aynsley, James Dale, Edward Wilmore, John Willmes, Thomas Nashe, Robert Hackwell, James Orbell, Abraham Jessum, Francis Reynoldson, Abraham Clerke, and William Laurence, Gentlemen, are hereby ordained and constituted a Committee; and that they, or any Seven or more of them, shall have Power, and are hereby authorized, to act and order the Militia within the Hamlets of The Tower of London, in such Manner as is limited and appointed to the Committee of the Militia of Westm'r, and the Parts adjacent, by the Ordinance of the Ninth of September, 1647: And for the Raising of Monies necessary for the managing of that Service, the said Committee, or any Seven or more of them; are hereby authorized to cause a Rate and Assessment to be made, upon all Persons, Lands, and Goods, within the said Hamlets, not exceeding the Sum of Five Hundred Pounds; and to use such Power, and give such Allowances, for the Collecting and Receiving thereof, as is given to the respective Commissioners named in the Ordinance of the Three and Twentieth of June, 1647, for the Raising of Monies, to be employed towards the Maintenance of the Forces within this Kingdom under the Command of Sir Thomas Fairefax Knight: And the said Committee, or any Seven or more of them, shall have likewise Power to call before them all Collectors, Receivers, and Treasurers, of the Monies formerly assessed and levied for the Service of the Militia within the said Hamlets, by virtue of any Ordinance of Parliament; which Collectors, Receivers, and Treasurers, are hereby required to render perfect Accompts thereof to the said Committee, or any Seven or more of them, and to pay such Monies as shall be found remaining in their Hands upon their respective Accompts or Collections, to such Person or Persons as shall be appointed by the said Committee, or any Seven or more of them, to receive the same, whose Receipt shall be unto them a sufficient Warrant and Discharge in that Behalf: And it is further Ordained, by Authority aforesaid, That the said Committee, or any Seven or more of them, shall have Power to cause all Arrears of former Assessments made by the late Sub-committee for the Militia there, by any Ordinance of Parliament, to be gathered in; and, for Want of Payment of such Assessment, to levy the same by Distress on the Goods of the Persons so assessed and neglecting to pay the same; and, after Four Days, to sell the said Distress, restoring the Overplus to the Owners; and the said Committee, or any Seven or more of them, shall have likewise Power to name Treasureres, and to dispose of the Monies raised and to be raised by the Means before mentioned, by Order under their Hands, or any Seven of them, for the Payment of such Debts as the said Sub-committee have incurred, and for the carrying on of the said Militia as aforesaid, and not otherwise: And it is further Ordained, That if any Person or Persons shall find him or themselves aggrieved, that he or they are over-rated, and shall, within Six Days after Demand made, complain to such of the said Committee who signed or allowed his or their Assessment, the major Part of such of the said Committee who signed or allowed his of their Assessment shall have Power, upon Examination, within Eight Days after Demand aforesaid, to relieve such Person or Persons, as they shall see just Cause; and that all Persons acting in Pursuance of this Ordinance shall be for the same saved harmless and indemnified, by Authority of both Houses of Parliament.

"Provided always, That this Ordinance, or any Thing therein contained, shall not extend to take away any Power formerly granted unto Sir Thomas Fairefax Knight, Constable of The Tower, for his immediate Power and Command over the Trained Bands and Auxiliaries within the said Hamlets: Provided likewise, That this present Ordinance shall be in Force for the Space of Two Years, from the Twentieth Day of December, 1647, and no longer."

"Die Veneris, 7 ^mo Januarii, 1647.

Ordinance to acquit Messieurs Gibbs and Noell, for paying 200,000 l. to the Scots.

"Be it Ordained, and it is Ordained, by the Lords and Commons now assembled in Parliament, That whereas William Gibbs Alderman of the City of London, Thomas Noell and Francis Ashe Esquires, Treasurers appointed by Ordinance of Parliament, appointing the Sale of Bishops Lands for the Use of the Commonwealth, have received from several Persons, upon the Security of the Ordinances of Parliament in that Behalf made, the Sum of Two Hundred Thousand Pounds, and have paid Twelve Thousand Pounds thereof, on the Three and Twentieth Day of December, 1646, unto the Commissioners of Scotland residing in and about London, and have taken an Acquittance for the same, under Five of their Hands and Seals, according to an Order of the Lords and Commons in Parliament assembled, of the Fifteenth Day of December aforesaid; and Four Score and Eight Thousand Pounds thereof have paid at North Allerton, the One and Twentieth Day of January, One Thousand Six Hundred Forty-six, to Mr. John Drummond, Deputy to Sir Adam Hepborne Treasurer to the Scotts Army; and the other One Hundred Thousand Pounds, in full of the said Two Hundred Thousand Pounds have paid the Third Day of February, One Thousand Six Hundred Forty Six, within a Mile of the Works of New Castle, to the said Mr. Drummond, and have taken his Acquittances for the same, according to Articles of Agreement agreed upon between Committees of Lords and Commons of the Parliament of England and Commissioners of the Parliament of Scotland, authorized thereunto by the Parliaments of each Kingdom respectively, bearing Date the Three and Twentieth Day of December, One Thousand Six Hundred Forty and Six; which Acquittances the said Treasurers have delivered in to the House of Commons assembled in Parliament, to be entered into the Journals of that House: It is therefore hereby Declared, That the said Treasurers have faithfully, according to the Ordinances and Directions of both Houses of Parliament, discharged their Trust, in receiving and paying the said Two Hundred Thousand Pounds: And it is hereby further Ordained, That the said Treasurers, and every One of them, and every of their Heirs, Executors, and Administrators, are hereby acquitted and discharged of the said Two Hundred Thousand Pounds, and every Part thereof: And be it further Ordained, That they, and every one of them, and every of their Heirs, Executors, and Administrators, shall be saved harmless, by the Authority of Parliament, from all Claims and Demands whatsoever, for and concerning the said Two Hundred Thousand Pounds, and every Part thereof; and shall likewise be saved harmless for all other Receipts and Payments that they shall make, according to the Directions given by the said Ordinances for the Sale of Bishops Lands."

Ordinance for Thompson to be Rector of Bothell.

"Whereas the Rectory of the Parish Church of Bothell, in the County of Northumberland, lately sequestered from Henry Johnson Clerk, late Incumbent there, for his Delinquency, is now become vacant, by the Death of the said Johnson; and the Advowson thereof at the State's Disposal, by reason of the Delinquency of William Earl of Newcastle, Patron of the said Living: The Lords and Commons in Parliament assembled, taking Notice thereof, and to the End the said Church and Rectory may be supplied with an able and orthodox Minister, have Ordered and Ordained, and do hereby order, ordain, and appoint, John Thompson Clerk, Batchelor of Arts, a godly and orthodox Divine (who hath been formerly approved of by the Assembly of Divines to officiate the Cure of the said Church during the late Sequestration), to be Rector and Parson of the said Church and Parish, and do establish him Incumbent of the same; and that he shall and may have, hold, possess, and enjoy, the said Rectory and Parsonage, and the Glebe Land, Tithes, and Profits whatsoever, to the said Rectory belonging, in as large and ample Manner as the said Henry Johnson, or any other Rector or Parson thereof, lawfully or of Right had, or ought to have had, the same: Provided, That the said John Thompson shall pay all such Tenths, First Fruits, and other Duties, as ought to be paid, for or in regard of his Incumbency there: Saving to all Bodies Politic and Corporate, and all other Person and Persons, all such Right and Title as they, or any of them, have unto the Patronage of the said Church of Bothell, except such Persons as are sequestered or sequestrable by Ordinance of Parliament for sequestering of Papists and Delinquents Estates. And the Commissioners for the Great Seal are hereby authorized to pass the Grant hereof under the Great Seal accordingly."

Pardon for Prisoners on the Midland Circuit.

"The Lords and Commons assembled in Parliament do order and agree unto the Pardon signed by Mr. Justice Rolle, for pardoning of divers Prisoners, remaining in the several Gaols within the Midland Circuit; some whereof were formerly reprieved and left in Gaols, spared from Execution; and some, their Facts being small, and their First Offences, whom the said Judge spared from Execution; certifying them to be sit Subjects for Mercy."

Keen to be instituted to Deal.

Ordered, That Doctor Aylett, or his lawful Deputy, give Institution and Induction unto Samuell Kein Clerk, Batchelor of Divinity, to the Rectory of Deale, in the County of Kent, salvo Jure cujuscunque; the said Mr. Kein taking the Covenant, and producing his Presentation under Great Seal of England.

Adjourn.

House adjourned till 10^a Monday Morning next.