Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Mercurii, 10 die Maii.
Collection for Dublin College.
Message from the H.C. with an Ordinance.
Letter to be wrote to the D. of Lorrain.
It is Ordered, That the Committee of Foreign Affairs (fn. 1) do write a Letter to the Duke of Lorraine, in Answer to his Letter; and that the Matter of Fact now read be sent in it; and the Concurrence of the House of Commons to be desired herein.
Additional Ordinance, concerning the Admiralty Jurisdiction.
The Earl of Warwicke reported from the Committee, an (fn. 2) additional Ordinance concerning the Jurisdiction of the Admiralty; which being read Once, it is ordered to be committed to the Committee of the whole House, to be taken into Consideration To-morrow Morning, at which Time the Judges are to be present.
Ly. Lyttleton versus Smith, Booth, &c.
It is Ordered, That Isabell Smyth, now a Prisoner in the Prison of Newgate by Judgement of this House, shall be committed, and removed from Newgate, to the Prison of The Gatehouse at Westm. there to remain close Prisoner, in the same Condition as now she stands committed to Newgate: And it is Ordered, That Andrew Booth, Under Keeper of Newgate, shall appear forthwith before this House, to answer the said Charge against him; and that Mr. Ryly, Officer of the Records in The Tower, shall give an Account to this House, how the forged Parchment came into his Office; and that he forthwith bring the said Parchment into this (fn. 3) House.
Reduced Officers Petition:
Message to the H. C. with it; and for a Letter to be sent to the D. of Lorrain.
1. To deliver to them the Report, and the State of the Matter of Fact, concerning the Duke of Lorraine's Business; and desire their Concurrence, that it may be referred to the Committee of Foreign Affairs, (fn. 4) to prepare a Draught of a Letter to be sent to the Duke of Lorraine, in an Answer to his, and the same reported to this House.
Leonard, presented to Denford, to be examined by the Assembly.
Ordered, That Arthur Leonard Clerk, being presented by the Countess of Peterburgh to the Church of Denford cum Ringsted, in Com. North'ton, is hereby referred to the Examination of the Assembly of Divines fitting at Westm. who are to certify their Opinion to this House, concerning his Abilities and Conversation.
Ordinance to rectify superstitious Habits and Customs in the Universities.
Ld. Goring a pass;
Fisher and Blaithwayte.
E. of Northton, a Witness in Rawleigh and Vivers' Cause.
Ordered, That a Letter be written from this House to the Earl of North'ton, to desire him that he would please to come up to London, to be a Witness in the Cause to be heard by this House, the 26th of this Month, between George Rawleigh and Vivers, &c.; and that his Lordship, in so doing, shall not suffer any Prejudice in coming and returning.
Bowles to be instituted to Stanstead;
and Thomas to Plaxton.
Order for 500£. for Bristol.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds be charged upon the Moiety of the Receipts of the Excise (not engaged, in Course), with Interest for the same, after the Rate of Eight Pounds per Centum payable every Six Months, to be employed for Reparations and other necessary Occasions at Bristoll; and that the Principal, and Forbearance as it shall grow due, be paid unto Jeremiah Hallaway, or his Assigns: And the Commissioners of Excise for the Time being are hereby authorized and required to make Payment of the said Sum of Five Hundred Pounds, with Interest as aforesaid, accordingly; and the Receipt of the said Jeremiah Hallaway, or his Assigns, shall be their sufficient Discharge in that Behalf."
Ly. Littleton versus Smith, Morris, Booth, & al.
"That whereas your Lordships were pleased, by your Order of the 7th of October last, to commit one Isabell Smith close Prisoner to Newgate, for forging an Exemplification of a pretended Act of Parliament under the Great Seal of England, thereby to restrain her from further Prosecution of her former lewd Practices, whereof she was found guilty, and sentenced by your Lordships.
"Yet, notwithstanding, the Keeper of the said Prison, one Andrew Booth, taking Part with and justifying the said Isabell Smith, John Morris, and others of that Party, as innocent, whom your Lordships upon just Grounds have adjudged guilty, doth permit her the said Isabell (the most restless and wicked Spirit of all the rest) to be at Liberty; whereby your Lordships said Order is utterly frustrated, and she still encouraged in her Wickedness: Whereof your Petitioner's Son taking Notice did, in a civil Way, admonish the said Booth, and pressed Obedience to your Lordships said Order; but he, vilifying the same, did, in Contempt thereof, after much ill Language, assault and strike your Petitioner's said Son.
"Since which, the said Isabell hath been at The Tower (together with the said Booth and others their Confederates), where a late Forgery is shuffled in, and, as your Petitioner hath great Cause to believe, either by the said Isabell Smith or And. Booth, it being the very same in Substance, and almost in Terminis, with the Forgeries already damned by your Lordships, which she the said Isabell foisted into the Court of Wards, and written with the very same Hand; by Means whereof, the said Parties do still unlawfully procure and deceive divers People of great Sums of Money, [ (fn. 5) and had the Impudence] to bring Four Causes to be tried at the last Assizes in Essex, notwithstanding the Sentence which your Lordships pronounced upon them, and ordered to be published there in the Face of the County, where he the said Andrew Booth, William Penred, Gabriell Marriott, Abell Tash, and such as they had procured, came to countenance and uphold the said Forgeries, and (as much as in them lay) to suppress and quash your Lordships said Order, with Imputations of Injustice and Oppression.
"And now lately, (videlicet,) 5 Maii Instant, the said Booth, with the said Isabell Smith, Wm. Penred, Gabriell Marriott, and their other Partakers, have, in a forcible and riotous Manner, entered into the Houses of divers of your Petitioner's Tenants, in Bevis Marks, London, and, by Menaces and Threats, have compelled some of them to acknowledge themselves indebted in great Sums of Money, upon Pretence of Rent due to the said Morris, which he hath no Colour to demand but by these damned Forgeries; but the said Monies are in Truth to be paid to the said Booth, to satisfy such Debts as are owing to him by the said Isabell, and reimburse what he hath advanced and procured to maintain and defend this forged Title: And such of the said Tenants as would not acknowledge themselves so indebted had their Goods, by Force and strong Hand, taken away by the said Parties.
"Now, in regard the said Keeper, to whose close Custody a Prisoner of that Nature was committed (chiefly to restrain her in her wicked Courses), hath not only, after divers Admonitions, in Contempt of this Honourable House, let her go at Liberty, but hath himself also gone along with and assisted her to execute her wicked Purposes, which of herself perhaps she could not bring to pass, whereby vexatious Suits are set on-foot and maintained, to your Petitioner's great Trouble and Expence;
"Therefore your Petitioner's most humble Suit is, That the said Booth may forthwith answer this his high Contempt and Misdemeanor; and that the said Isabell may be removed to some other Prison, where she may be more safely kept; or else some other Person (who will give better Obedience to your Lordships Orders) may be appointed Keeper of the said Prison; and that, by your Lordships Order, the Forgery so shuffled into The Tower may be brought into this Honourable House, which appearing to be as gross as any of the former Forgeries, may be likewise damned and canceled.
Gifford to be instituted to Geyton;
Ordered, That Dr. Heath do give Institution and Induction unto Richard Gifford Master of Arts, to the Rectory of Geyton, in the County of North'ton, void by the Death of William Berkett, the last Incumbent there; Salvo Jure cujuscunque: Presentation under the Hand and Seal of Sir Richard Samuell Knight, Patron.
and Goodricke to Overston.
Ordered, That Dr. Heath do give Institution and Induction unto Lyonell Goodricke Master of Arts, to the Rectory of Overstone, in the County of North'ton, void by the Resignation of Henry Wilkinson, the last Incumbent; Salvo Jure cujuscunque: Presentation thereunto under the Hand and Seal of Carewe Harvy, alias Mildmay, Patron.