Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 28 die Martii.
PRAYERS, by Mr. Doctor Hill.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Letters from Ireland:
The Earl of Manchester reported, "That the Committee at DerbyHouse have received Letters from Ireland, which are of that Consequence that they thought it not fit to conceal them from the Houses, that so some effectual Course may be taken for the preventing the Loss of that Kingdom."
The Letters were read, with the Papers inclosed.
Message to the H. C. with them; and for a speedy Course to be taken for the Relief of it.
Ordered, That these Papers be presently sent down to the House of Commons; and desire that a speedy Course may be taken for Relief of Ireland.
And accordingly it was sent down, by Sir Edward Leech and Dr. Bennett.
Ordered, That the Committee at Derby House do certify to this House, what hath been done by that Committee for the Preservation of Ireland.
Message from thence, with Orders.
A Message was brought from the House of Commons, by Sir Anthony Irby Baronet, &c.; who brought several Particulars, wherein they desire their Lordships Concurrence:
1. An Order, with some Alterations in the Order for Five Hundred Pounds, for buying a Collection of Books for the University of Cambridge. (Here enter it.)
2. An Order to pay Two Thousand Pounds to the Lady Harcourt. (Here enter it.)
3. An Order for making Ric. Berringer Sheriff of the County of Bucks. (Here enter it.)
4. An Order for making and constituting Mr. Walter Fowke Receiver General of Yorkeshire.
Ordered, That it be referred to the Committee of the Revenue, to examine the Title of Mr. Bland to this Office, and report the State of the Business to this House, as soon as they can.
5. An Order concerning Oaths. (Here enter it.)
The Answer returned was:
That as to the Order concerning making Mr. Walter Fowke Receiver General of Yorkeshire, their Lordships will take it into Consideration, and send an Answer by Messengers of their own: To all the rest, they agree.
Sir J. Gibson's Patent, for making Allum, to be brought in.
Ordered, That the Letters Patents of 9° Caroli, granted to Sir John Gibson, for the sole Making and Sale of Allums, shall be brought into this House on Thursday Morning next, the First Business; and the Party in whose Custody the said Letters Patents are is to yield ready Obedience to this Order.
Report concerning Ld. Pawlet's Composition:
The Report from the Commissioners at Gouldsmith Hall, concerning the Lord Poulett's Composition, was read. (Here enter it.)
He desires to be heard about it.
Then the Petition of the Lord Poulett was read; desiring, "To have a Copy of the Report, and be heard by his Counsel, before the Ordinance be passed."
And, after Debate, the Question was put, "Whether the Lord Poulett shall be heard before this House proceeds further in this Business?"
It was Resolved in the Negative.
Ordered, That the Ordinance shall be taken into Consideration on Thursday Morning next.
Maul, a Pass.
Ordered, That Mr. Maull shall have a Pass, to go into Scotland.
Answer from the H. C.
Sir Edward Leech and Dr. Bennett return with this Answer:
That they have taken the Letter from Ireland into Consideration, and will send an Answer by Messengers of their own; and concerning the Earl of North'ton's Petition, they agree to have it referred, as is desired.
Fortescue, a Pass.
Ordered, That Mr. Fortescue, with Two Servants, shall have a Pass, to go into France.
Order to amend the One for 500l. for buying a Collection of Eastern Books for the University of Cambridge.
"It is Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the Five Hundred Pounds appointed, by Order of both Houses of Parliament of Twenty-seventh of this Instant March, to be paid to George Thomason, for a Library or Collection of Books in the Eastern Languages, out of the Receipts for Compositions at Gouldsmiths Hall, by the Treasurers there, be presently paid accordingly, by the same Treasurers, out of the Arrears of the Two Four Months Assessments that were assessed for the Payment of the Scottish Army before Newarke; and that the Acquittance of him the said George Thomason, or his Assigns, to the said Treasurers in this Behalf, shall be their sufficient Discharge: And it is further Ordered and Ordained, by the Authority aforesaid, That the said Appointment of Payment of Five Hundred Pounds out of the Receipts for Compositions at Gouldsmiths Hall from henceforth be utterly void."
Order for 2000l. for Ly. Harcourt.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Thousand Pounds be allowed and paid unto the Lady Anne Harecourt, Widow and Administratrix of Sir Symon Harecourt Knight, deceased, or to her Assignee or Assigns; and that One Thousand Pounds thereof be charged upon the Remainder of the Fine and Composition formerly set and accepted for the Delinquency of William Lord Pagett yet unpaid, who is hereby ordered and required to pay the same to the said Lady Anne Harecourt, or her Assigns, upon the Tenth Day of April next ensuing the Date of this Ordinance; and that the other Thousand Pounds, Residue of the said Sum of Two Thousand Pounds, be charged upon the Moiety of the Receipts at Gouldsmiths Hall, (fn. 1) and be paid by the Treasurers in Course; and that the Acquittance or Acquittances of the said Lady Anne Harecourt, or her Assignee or Assigns, for the Receipt of the said Sum of Two Thousand Pounds, or any Part thereof, shall be a sufficient Warrant and Discharge, as well to the said William Lord Pagett, as to the Commissioners and Treasurers at Gouldsmiths Hall, or to such other Person or Persons as the said William Lord Pagett or the said Commissioners or Treasurers shall appoint, to pay the same, or any Part thereof, to the said Lady Anne Harcourt, her Assignee or Assigns."
Beringer to act as Sheriff of Bucks, without taking any Oath.
"Ordered, by the Lords and Commons assembled in Parliament, That Richard Barringer Esquire, nominated and appointed High Sheriff of the County of Bucks by both Houses of Parliament, do and be hereby authorized and required to execute the Office of Sheriff of the said County, notwithstanding he hath not taken any Oath as Sheriff."
Committee to consider of Oaths to be taken.
"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of Lords and Commons appointed to judge of Scandal, to receive all Complaints concerning Oaths; and to consider what Oaths are fit to be taken, and what to be discharged, and what Alterations are fit to be made in such Oaths as shall be thought fit to be continued and taken."
Report concerning Ld. Pawlet's Composition for his Delinquency.
"Gouldsmiths Hall, 27 Martii, 1648.
"At the Committee of Lords and Commons for Compositions.
"According to your Lordships Order of the 23th of March, 1647, we have examined what Proceedings there hath been at this Committee, concerning the Lord Paulett's Composition, and why the Rents are retained in the Tenants Hands; and do find,
"That the Lord Pawlett, being excepted in the former Propositions as to his Life, was, upon the General's Letter of the 30th of April, 1646, admitted to compound, by an Order of the House of Commons of the Second of May then next ensuing; whereupon he presented his Petition to this Committee the 15th of July following, upon which he did proceed.
"That, by another Order of the House of Commons, dated the same Second Day of May, the Petition of Dame Ellen Drake was referred to the Examination of this Committee, who were to hear Parties, and examine Witnesses, and to consider of some Way for the Petitioner's Reparation; who did, in the said Petition, alledge, That her Mansion-house had been plundered and burnt, by the Command of the Lord Pawlett, to her Damage of Six Thousand Pounds at least; and therefore prayed, That, in the Disposal of the said Lord Pawlett's Estate, some Reservation might be made, for such Satisfaction to her as should be thought fit; which Reference procured many Debates at this Committee, and was depending there till about March after; and then, this Committee resolving to proceed to the setting of the Fine, another Order of the House of Commons of the same Date, (videlicet,) 2 Maii, 1646, was offered to their Consideration, which was, That the said Committee should make such Composition with the Lord Pawlett, that the Corporation of Lyme Regis may have Reparation, according to a former Order of the said House, which ordered Twenty Thousand Pounds to the said Town: Whereupon, after long Debate, it was resolved as followeth; (videlicet,)
"That the Lord Pawlett shall settle Two Hundred Pounds per Annum for ever upon the Town of Lyme, in Pursuance of the Order of the House of Commons, whatever his Composition shall be: To which the Lord Pawlett and Sir John Pawlett did freely give their Consent, and the Sequestration not to be taken off till the same be settled accordingly.
"Ordered, That the Lord Pawlett's Fine be cast up, as being a Peer, and a Member of the Lords House; and at a Tenth, as upon the Articles of Exeter; and both Ways to be reported to the House: And that the Letters of the General, and Orders of the House, together with the Two Hundred Pounds per Annum consented unto for Lyme, be likewise reported.
"At which Time it was offered, by the Lord Pawlett's Counsel, to the Consideration of the Committee, That the Rent-day was then so near at Hand, that his Lordship could not hope to have his Case reported to the House so timely as that he might receive their Resolutions therein, and, by submitting to them, save the Rents then due; that therefore the said Rents might be stayed in the Tenants Hands. And it was thereupon ordered as followeth:
"24 Martii, 1646.
"Whereas it hath been, by special Order of the House of Commons, recommended to us, to compound with the Lord Pawlett, who hath for a long Time been in Prosecution of his Business here, and, by reason of many intervening Difficulties, could not hitherto receive a Dispatch: Having now at length brought it to an Issue, and proposed a Fine, which is to be reported to both Houses, whose Determination is to be expected before any further Satisfaction can be given by his Lordship, or a peremptory Discharge granted by this Committee; left his Lordship should suffer by any Delay, which (by other more public and importunate Occasions) may interrupt the timely Resolutions of the Parliament thereupon; these are to order and require you to forbear all Proceedings upon the Sequestration to his Lordship's Prejudice; and to cause all the Rents and Profits arising out of his Estate in your County, and growing due at Our Lady Day now approaching, to remain in the Tenants Hands, without any Defalcation, except One Hundred Pounds, the Moiety of Two Hundred Pounds to be Yearly paid to the Town of Lyme, till you shall receive further Order from us herein.
"Which extend only to the Lady Day Rents then due; there being now Two other Half Years accruing, and by Pretence of the said Order detained in the same Manner.
"According to the aforementioned Orders of this Committee, the Case was offered to the House, but dismissed; and would not be there received until the Two Hundred Pounds per Annum were settled upon Lyme; since which Time, the Lord Pawlett hath not paid in any Part of his Fine.
Strong to be instituted to Betscomb;
Ordered, That Dr. Aylett give Institution and Induction unto James Stronge Clerk, to the Rectory of Betscombe, in Com. Dorsett, Clerk, void by the Cession of William Dolmon Clerk, the late Incumbent there; Salvo Jure cujuscunque: Jo. Browne Esquire, Patron.
Devereux to Wolsingham;
Ordered, That Dr. Aylett shall give Institution and Induction unto Jonathan Devereux Clerk, to the Rectory of Wolsingham, in the County of Duresme, void by the Death of Mr. Anth. Maxten, the last Incumbent; salvo Jure cujuscunque: Granted by Great Seal.
Cox to Middleton in Teesdale;
Ordered, That Dr. Bennett shall give Institution and Induction unto Sem Cox Clerk, to the Rectory of Middleton in Tesdale, in the County of Duresme, void by the Death of Mr. Anth. Maxton, the last Incumbent there; salvo Jure cujuscunque: Great Seal.
and Flovd to Woodford.
Ordered, That Dr. Heath give Institution and Induction unto Wm. Floyd Master of Arts, to One of the Moieties of the Parochial Church of Woodford, in the County of North'ton, void by the Death of Jo. Smith, the last Incumbent there; salvo Jure cujuscunque: Presentation under the Hand and Seal of the now Countess Dowager of Bollingbrooke, Patroness.