House of Lords Journal Volume 6: 17 May 1643

DIE Mercurii, 17 die Maii.

PRAYERS.

Earl of Manchester, Speaker.

Answer from the H. C. about the Archbishop of Canterbury's Jurisdiction; and for a Conference.

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

That they agree with their Lordships in the Order for sequestering the Power and Jurisdiction of the Archbishop of Cant. and that they will give a Conference this Morning. (Here enter the Order.)

L. Lovelace, Leave to be absent.

Ordered, That the Lord Lovelace hath Leave to go to his House at Hurley, and return on Thursday come Sevennight.

Sequestration of Stanford Rivers from Dr. Meredith.

Ordered, That Dr. Meredith, Parson of Stanford Rivers, in Essex, shall be permitted to receive the Profits of the Living, till the Time of the Sequestration.

Message from the H. C. for a Conference about Scotch Affairs;

A Message was brought from the House of Commons, by the Lord Grey of Rutbin:

To desire a present Conference, concerning the Affairs of Scotland.

and with an Order.

2. They desired their Lordships Concurrence with them in an Order concerning Monies contributed for Ireland.

The said Order was read, and agreed to.

(Here enter it.)

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Order now brought up; and that their Lordships will give a present Conference, as is desired, in the Painted Chamber.

Mr. Howard's Pass renewed.

Ordered, That Mr. Howard's Pass, for his going into France, shall be renewed, and bear Date as this Day.

Sequestration of Fyfield, from Mr. Reade.

Upon the humble Petition of Alexander Reade, Parson of Fifeild; in the County of Essex: It is Ordered, That the Minister that is appointed to officiate that Cure for Six Months shall make Choice of a convenient Chamber to reside in during the Six Months; and the said Doctor Reade is to pay for the Rent of the same: And it is further Ordered, That Doctor Reade shall nominate Two Men, and the Minister Two Men more, to be indifferent Persons, for receiving the Profits and Tithes of the said Living of Fyfeild.

Mr. May's Mare to be restored.

Ordered, That the Lord General be desired to give Order, That Mr. Maye's Mare, taken by Bulmer the Scout, may be restored to him.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference concerning Scotch Affairs.

The Speaker reported the Effect of the Conference; which was, "To communicate some Instructions to be given to Mr. Welden, who is to be sent into Scotland from the Two Houses of Parliament."

The Instructions were read. (Here enter them.)

Agreed to.

"2. An Order was read, to authorize Michaell Welden to go into Scotland." (Here enter it.)

Agreed to.

"3. An Order was read, That the English Commissioners should deliver a Copy of the Letter of the Six Lords to the Secret Council of Scotland."

(Here enter it.)

Agreed to.

"4. The Committees Report of His Majesty's Answer to both their Papers delivered to Him at Oxford, concerning the Commissioners for Conservation of Peace sent from Scotland:

"The Committee of Lords and Commons, attending His Majesty at Oxford upon the Treaty, having presented to Him a Paper concerning the Scotish Commissioners, His Majesty told them, That that Paper was no Part of the Treaty; and that He would send an Answer to it, by Messengers of His own, to the Houses.

"The Committee acquainted His Majesty, That they had something to offer Him concerning the Scotish Commissioners, and presented to Him the Second Paper about that Business; which being read, the King said, That He had not denied that which was desired in the First Paper; and therefore He was not to take the Second; but He would send His Answer to the First, and then the Houses might send further if they should see Cause."

"Instructions for Mr. Michaell Welden, sent from both Houses of Parliament to the Lords of Secret Council, and the Commissioners for Peace, in Scotland, as following:

Instructions for Mr. Welden, to be sent to Scotland.

"1. You shall deliver the Letters from both Houses of Parliament to the Lords of Secret Council in Scotland.

"2. You shall deliver the Letters from both Houses of Parliament to the Lords and other Commissioners for Conservation of Peace, established by Act of Parliament there.

"3. You shall, in the Name of both Houses, demand Justice may be done upon those Six Earls mentioned in the said Letters, according to the Act of Pacification; and that, for the present, their Persons may be secured.

"4. You shall acquaint the Lords of Secret Council, and the Commissioners for Conservation of Peace, with the Answer of both Houses of Parliament, May the 13th, to the Lord Lyndsey's Papers, of the 27th of January and the 6th of May, concerning the Scotts Army in Ireland.

"5. You shall shew unto the said Lords the Instructions of both Houses to their Committees at Oxford in April last, concerning the Commissioners of Peace sent from the Kingdom of Scotland, under His Majesty's Safe Conduct, and the Safe Conduct of both Houses of Parliament in England; and desire them to (fn. 1) let us know where the Impediment was, that they came not to the Parliament, according to their Safe Conducts; and what Propositions they were which they intended to make to both Houses of Parliament for the Peace of this Kingdom, or what other Overtures of Pacification they were enabled to make unto the King's Majesty, and both Houses of Parliament.

"6. You shall, from both Houses, communicate unto the Lords of the Secret Council, and to the Commissioners (fn. 2) for the Conservation of the Peace, the Declaration upon the Result of the Treaty, and all the Passages and Proceedings of the Treaty at Oxon."

Order to authorize Mr. Welden to go to Scotland from both Houses.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Michaell Welden Esquire shall repair to the Kingdom of Scotland, and shall be authorized to deliver such Letters to the Lords of the Secret Council, Commissioners for the Conservation of the Peace betwixt the Two Kingdoms, or any others, and pursue such Instructions, as he shall receive from both Houses of Parliament, or by their Directions; and, for the better enabling the said Mr. Welden to proceed in this Service, there shall be Letters of Credence sent to the said Lords of the Council, and Commissioners for Peace, and all others whom it may concern, signed by the Speakers of both Houses."

Copy of the Letter, intercepted from the Six Scotch Lords, to be sent to the Secret Council, that they may be secured.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the English Commissioners for the Scotts Affairs acquaint the Commissioners of Scotland with the Letter intercepted by the Lord Fairefaix, from divers Earls of Scotland, whose Names are thereunto subscribed: And the Lords and Commons desire the Earl of Lindsey to acquaint the Secret Council of Scotland and the Commissioners of Peace for that Kingdom therewith, to the End the Persons of the said Earls may by them be secured, to answer what shall be objected against them from both Houses of Parliament in England."

The Certificate of Sir Nathaniell Brent was read, as followeth:

Johnson and Ingram, concerning the Parsonage of Paulsbury.

"Whereas, upon the Petition of Ezechiell Johnson Clerk, presented to your Lordships, wherein he complaineth against one Peter Ingram Clerk, for the undue procuring of a Collation to the Rectory of Paulesperry, in the County of North'ton, your Lordships have, by your Order of the 13th of this Instant May, required me to give an Account of the said Business: I do humbly certify unto your Honours, That, upon Examination of the Matter, I find that the said Collation was unduly obtained, and by Surreptition, on the Behalf of the said Mr. Ingram; and that the same ought not to have passed, being done contrary to several Orders made by your Lordships, whereof I was never informed until this present: And I do therefore humbly conceive that the said Collation, and all Proceedings thereupon, ought to be vacated, and no further Use made thereof against the said Mr. Johnson: All which I do humbly leave to the Wisdom of this House.

May 17, 1643.

"Na. Brent."

Hereupon this House Ordered, That the former Order of this House for his Possession of the said Parsonage, and (fn. 3) the Collation and Proceedings of the said Ingram, shall be vacated and nullified.

Talcot and Johnson.

Ordered, That the Cause between Mr. Talcott and Mr. Johnson shall be heard at this Bar, on Tuesday come Sevennight.

Doughty and Overman.

Ordered, The Writ of Error between Doughty and Overman shall be argued at this Bar, by Counsel on both Sides, this Day Fortnight; and the Parties to have Notice.

Ordinance for Sequestration of the Archbishop of Canterbury's Jurisdiction.

"Whereas William Lord Archbishop of Canterbury standeth impeached, in this present Parliament, for High Treason, and for divers other great Offences and Misdemeanors, and, by reason of many great and weighty Businesses, he cannot yet be brought to Trial for the said Offences and Misdemeanors; and he, in respect of his said Archbishopric of Canterbury, hath Power to give and collate fit Clerks to divers Parsonages, Vicarages, Prebends, and other Ecclesiastical Promotions and Preferments; and, if any of them should become void, and he left to prefer whom he pleases to the same, the same may prove very inconvenient, he bestowing them upon unfit and unworthy Persons: Be it therefore Ordered and Ordained, by the Lords and Commons in this present Parliament, That, in Case any of the aforesaid Parsonages, Vicarages, Prebends, or other Ecclesiastical Promotions or Preferments, now be, or shall hereafter, and before the Trial of the said Lord Archbishop, become void, that the said Lord Archbishop of Canterbury shall forbear to present or collate any Person or Persons thereunto, without the Leave and Order of both Houses of Parliament: And it is further Ordered and Ordained, That the said Lord Archbishop shall, from Time to Time, until his said Trial, present and collate such fit Person and Persons to every such Parsonage, Vicarage, Prebend, and other Ecclesiastical Preferment as aforesaid, which now are, or hereafter before the said Trial shall become void, as by both Houses of Parliament shall be nominated and appointed: And it is further Ordered, by the said Lords and Commons in Parliament, That all Archdeacons, Registers, and other Officers, Ministers, and Persons whatsoever, shall forbear to give or make any Admission, Institution, Collation, or Induction, of any Person or Persons whatsoever, which by the said Archbishop shall be presented in or to any such Parsonage, Vicarage, Prebend, or other Ecclesiastical Preferment, other than such Person and Persons as shall be nominated and appointed by both Houses of Parliament as aforesaid: And it is lastly Ordered, That the said Lord Archbishop, and the Churchwardens of every Parish, and other Officers of the Church, where any Parsonage, Vicarage, Prebend, or other Ecclesiastical Promotion or Preferment, in the Donation or Gift of the said Archbishop, is, shall, within Two Months after the respective Avoidance thereof, give Notice of such Avoidance to the Lord Speaker of the House of Peers for the Time being."

"Die Mercurii, 17 Maii, 1643.

Ordinance for a new Loan for Ireland.

"Whereas, by an Ordinance of both Houses of Parliament, dated the 30th Day of January last, for a new Loan and Contribution towards the Relief of Ireland it is (amongst other Things which conduce to the Advancement of that Service) Ordered, That the Churchwardens of every Parish (or the Overseers for the Poor where there are no Churchwardens), having collected and gathered the free and charitable Benevolence of all the Inhabitants thereof, and all Sum and Sums of Money, Victual, Arms, Ammunition, Goods, Wares, or Commodities, that any the said Parishioners shall be willing to lend and disburse, as in the said Ordinances is expressed, shall cause to be written down, in a Schedule thereof indented, as well the Name and Names of the several Givers, as of the Lenders, with the several Sum and Sums which shall be by every of them lent or given; and, having subscribed their Names at the Foot of One Part of the said Schedule indented, shall deliver that Part, together with all such Sum and Sums of Money, Victual, Arms, Ammunition, Goods, Wares, and Commodities, unto such Person or Persons as shall be therefor employed and intrusted by Order of the Committee of Parliament mentioned in the said Ordinance to be appointed to take Care of the Affairs of Ireland, or any Eight of them; and that the said Person and Persons so intrusted shall, upon Receipt thereof, subscribe the other Part of the said Schedule, to remain with the Churchwardens, or Overseers, and Parishioners, as is expressed in that Ordinance; and, receiving the Money, Victual, Arms, Ammunition, Goods, Wares, and Commodities, in the several Parishes, shall (with all convenient Speed after the Receipt thereof) return the same unto the Treasurers appointed by that Ordinance, at The Guildhall, London: Now, forasmuch as in the Directions that have been already given into the several Counties of this Kingdom, to the Commissioners named in the late Act of Parliament for raising the Subsidy of Four Hundred Thousand Pounds, to whose Care and good Endeavours the managing of this Affair is especially recommended, no Person or Persons are particularly named to receive such Money, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, from the Churchwardens and Overseers, in such Manner as the Ordinance of Parliament doth seem to require, and as may be for their Indemnity and Discharge; the and Commons, in this present Parliament assembled, to avoid all Ambiguities and Hindrances that may retard the Service, which is of so great Necessity at this present, and to give the best Furtherance they may to so pious and charitable a Work, which is so well begun in divers Parts of the Kingdom already, do hereby authorize and appoint the beforementioned Commissioners, named in the late Act of Parliament for raising the Subsidy of Four Hundred Thousand Pounds, in the several Counties of this Kingdom, and the Dominion of Wales, within the several Divisions of each County, as well within Liberties as without, to receive and take, either by themselves or such Persons as they shall depute from the Churchwardens, Collectors, and others that are employed for such Collections, all such Monies, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, as they have or shall, from Time to Time, have collected by virtue of the said Ordinance, together with the Schedules thereof so to be signed as aforesaid; and to subscribe and deliver back, unto those Churchwardens or Collectors, the other Part of such Schedules indented, for their Indemnity and Discharge; and the said Churchwardens and Collectors of every Parish, as well within Liberties as without, are hereby required to deliver, without Delay, all such Money, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, with the Schedules before mentioned, unto those respective Commissioners, or such as they shall appoint to receive the same, who are in all other respects to observe the former Directions given them for the disposing thereof, according to the Tenor of the said Ordinance, and Letters given them in that Behalf."

Adjourn.

House adjourned till 10 ^a cras.