House of Lords Journal Volume 6: 16 May 1643

DIE (fn. 1) Martis, videlicet, 16 die Maii.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

Answer from the H. C.

The Messengers sent Yesterday to the House of Commons return with this Answer:

That they have delivered their Message concerning their Lordships Concurrence in the Declaration concerning the State of the Treaty.

Toll on the River Lea, quieted to the E. of Carlisle.

Upon Information this Day, "That the Earl of Carlile, and his Predecessors, hath for many Years enjoyed the Toll of a Lock upon the River of Lea; but of late some Bargemen have, in a riotous Manner, broken open the Lock, and refuse to pay the said Toll:" Hereupon this House Ordered, That the Earl of Carlile shall enjoy the Property of the said Toll; and that the Deputy Lieutenants, Sheriffs, and Justices of the Peace, of the County of Essex, shall take Care that all Riots shall be suppressed concerning this Business.

Killegrew committed by the L. General, his Petition for Actions commenced against him since his Commitment to be stayed.

Upon reading the Petition of Thomas Killegrew; shewing, "That he being committed, by the Lord General, to The King's Bench, the 30th of September 1642, charged upon Suspicion for raising Arms against the Parliament; and, since the Commitment, one Rob't Punter and Mabill Anderson have charged him (fn. 2) with several Actions, and are ready to charge him with Execution for the same: Therefore desires that the said Punter and Anderson may stay their Prosecution of their Actions:" Which this House Ordered accordingly, being they were commenced since the said Mr. Killegrew was committed by the Lord General.

Sir John Lenthall, concerning Dalbeer's Releasement.

Sir John Lenthall gave the House this Account concerning the Business of Mr. Dalbeere; who, he said, "was a Prisoner in The King's Bench upon Two Executions; but, by the Lord General's Command, he permitted the said Dalbeere to have his Liberty to be in the Army, in regard he is a Person very useful there; and the Person [ (fn. 3) to whom he] owes the Debt stands strictly upon the Penalty of the Bond; and, because Sir Jo. Lenthall permitted the said Dalbeere to be in the Army, the Creditor commences Actions against him for the said Debts; and therefore he desires that their Lordships would stay the Proceedings against him for a Time, until the said Dalbeere return from the Army:" Hereupon this House Ordered, That the said Dalbeere shall be sent to, to take what speedy Course he can to compound and give what Satisfaction he can to his Debtors; [ (fn. 4) in the mean Time,] the Actions against Sir John Lenthall to be stayed.

Sequestration of Southwald from Dr. Baker.

Next, the Lords heard the Charge against Dr. Baker, Parson of Southwell, in the County of Essex.

He confessed, "He hath Two Livings, and hath Two Prebendaries; One of which is of Canterbury, where he is bound by his Oath to reside Three Quarters of a Year; and confesses he hath had some Misfortune in licensing Books, which he is sorry for."

Hereupon this House Adjudged, "That the said Dr. Baker should be sequestered from the Profits and officiating in the Parish Church of Southweald, till the further Pleasure of this House be known.

"2. That the Profits of the said Parsonage shall be received by the Hands of indifferent Persons.

"3. That Mr. Nicholas Folkingham, Master of Arts, shall officiate in the said Parish Church during [ (fn. 4) the Pleasure] of this House, and shall receive the Profits of the same from the Hands of the Persons that receive the Profits."

Sequestration of St. Mary Bermondsey from Dr. Paske.

"Ordered, with the Consent and humble Submission of Dr. Paske, Parson of the Parish Church of St. Mary Magdalens Bermonsey, in the County of Surrey, That Mr. Jeremiah Whittaker, Master of Arts, shall officiate the Cure of the said Parish Church, and receive the Profits thereof, to be received by indifferent Persons, and paid to him, until the Pleasure of this House be further known; provided that Dr. Paske shall receive the Profits due to him until the Time of this Sequestration."

Alse and Palmer versus Dickenson.

Upon reading the Petition of Tho. Alse and John Palmer, of the Parish of Beddingham, in the County of Sussex, Yeoman, complaining, "That Lyning Dickenson hath fetched them up, and troubled them vexatiously, to their great Charges and Prejudice, to appear before this House:"

The said Lyning Dickenson being asked what he could say concerning this Business, he said, "That they refuse to pay Rent to him, according to the Order of this House."

The Petitioners replied, "They have paid all the Rents but Half a Year; and Mr. Gratwicke forbid them to pay the Rents to Mr. Dickenson."

Ordered, That the said Tho. Alse and John Palmer shall pay the Rents to Mr. Dickenson, according to the Order of this House, upon their Perils; and that Gratwicke is hereby commanded not to interrupt the said Tenants in paying the Rent, until it be legally evicted.

Sequestration of Styestead.

Ordered, That the Sequestration of Stysestead shall be heard this Day Sevennight; and the Persons (fn. 5) whom it concerns are to have Notice thereof.

Sequestration of St. Botolph, from Mr. Rogers.

Next, this House heard the Charge against Mr. Nehemiah Rogers, Parson of St. Buttoph Bishopsgate.

Affidavit was made, by John Hynde, "That he served the Order of this House, for his appearing before their Lordships, this Day, and left it at his House with his Daughter on Thursday last; and he is at the Isle of Ely."

The House, conceiving the Warning to be too short, Ordered, To hear this Cause on Monday next; and Mr. Rogers to have Notice thereof.

Dr. Cheshire, a Protection.

Ordered, That Dr. Cheshire, late Incumbent at Heston, in the County of Midd. and now translated to be Parson at Dantsey, in the County of Wilts, shall have an Order, for the quiet carrying and removing of his Servants, Cattle, and Goods, unto Dantsey.

E. of Suffolk's Possessions in the Isle of Wight quieted.

Ordered, That some Grounds of the Earl of Suff. in the Isle of Ely, (fn. 6) being disturbed by some disorderly People there: It is Ordered, That the Deputy Lieutenants and Justices, &c. shall take Order that the said Ground shall be preserved from all Riots and Disorders, and keeping the quiet Possession to the Earl of Suff.

Sequestration of Fyfield, from Dr. Reade.

Ordered, That those Dues belonging to Dr. Reade, Parson of Fyfeild, in the County of Essex, for the Time past before the Sequestration of the said Living by this House, shall be paid unto him.

Ordinance for sequestering L. Capell's Estate, to the L. General's Use.

Next, this House read the Ordinance of Sequestration of the Lord Capell's Estate, to the Use of the Lord General.

This House, taking the same into Consideration, Resolved, To have a Conference with the House of Commons, To-morrow Morning; and to let them know, "That this House is desirous to join in any fitting Way to express their Respects to the Lord General, only their Lordships do differ in the Way; and that they conceive it will be better to have a Proportion, answerable to that Value intended him out of the Lord Capell's Estate, allowed him out of the Sequestrations in general, than to appoint it out of any particular Estate, which may draw Envy upon him; and that their Lordships do think it fit that the King's Warrant for seizing the Rents of the Lord General be re-called, by Order of both Houses."

Ordinance for sequestering the Jurisdiction of the Archbishop of Canterbury.

Next, an Ordinance for sequestering the Jurisdiction of the Archbishop of Cant. was read, and approved of, and Ordered to be sent to the House of Commons, to desire their Concurrence therein.

Message to the H. C. for their Concurrence in it; and for a Conference about sequestering L. Capell's Estate.

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

To desire their Concurrence in the Ordinance concerning the Archbishop of Cant's Jurisdiction; and to desire that they would give a Conference, by a Committee of both Houses, in the Painted Chamber, To-morrow Morning, at Ten of the Clock, touching the Ordinance concerning the Sequestration of the Lord Capell's Estate.

Order for suppressing Riots, in Dorset, Wilts, and Somerset.

"Whereas a former Order, 11 Maii, was made, for the suppressing of a notorious Riot in and about Meere, Shaftsbury, Froome Selwood, and other Places, in the Counties of Dorsett, Wilts, and Som'sett; and whereas it is since informed to their Lordships, that the said Riot increaseth daily, and is growing towards an open Rebellion, and Resistance of all Officers and Government is there made: The Lords do therefore strictly charge and command all Justices of Peace, dwelling in or near the said Places, or any Two or One of them, in their respective Counties, speedily to take Examination of the Premises, and certify the same to this House; and if they, the said Justices, upon Examination, shall find clear Proof against any the Persons aforesaid, principal Offenders, yet unapprehended, that they give Notice of the Names of such Persons to the Gentleman Usher attending this House, or his Deputy or Deputies, who are sent down to bring up their Persons; against which Offenders their Lordships will take such Course as in Justice is fit, as well for the Punishment of them, as the Example of others; and their Lordships order and command the said Gentleman Usher, and his Deputies, to take, arrest, and bring up to this House, the Persons of such principal Offenders as are already taken, or shall be so notisied to him or them, that they may be proceeded with; and their Lordships further require the said Justices of Peace, or any Two or One of them, to be diligent in all other due and legal Ways, for Punishment and suppressing of the said Riots, Rioters, and Abettors; and require the said Justices, and all Officers and other Persons, to be assistant to the said Gentleman Usher and his Deputies, in Execution of the Premises.

"To the Gentleman Usher, &c. and all Mayors, &c.

Adjourn.

House adjourned till 9 ^a cras.