House of Lords Journal Volume 10: 14 November 1648

Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.

'House of Lords Journal Volume 10: 14 November 1648', in Journal of the House of Lords: Volume 10, 1648-1649, (London, 1767-1830) pp. 587-590. British History Online https://www.british-history.ac.uk/lords-jrnl/vol10/pp587-590 [accessed 25 April 2024]

DIE Martis, 14 die Novembris.

PRAYERS, by Dr. Stanton.

Domini præsentes fuerunt:

Comes Manchester, Speaker.



Comes Mulgrave. Comes Suffolke. L. Viscount Say & Seale. Comes Lyncolne. Comes Kent. Comes Rutland. Comes Salisbury.	Ds. North. Ds. Dacres. Ds. Grey. Ds. Hunsdon. Ds. Maynard. Ds. Howard.

Col. Herbert, a Protection, and to assign his Arrears to his Creditors.

Upon reading the Petition of Colonel Wm. Herbert; complaining, "That (fn. 1) he offering to assign to his Creditors his Arrears owing to him by the Parliament, they refuse to accept of the same."

It is Ordered, That the said Colonel Herbert shall have the Protection of this House, to secure his Person from Arrests; and that he make Assignment of his Arrears to his Creditors, to be paid when he receives his Arrears.

L. Dacre to be restored to the Possession of Dacre Castle.

Upon reading the Petition of Francis Lord Dacre; shewing, "That he hath just Right and Title to the Castle and Park of Dacre, in the County of Cumber land, whereof he hath been peaceably possessed above Three Years last past; but, when the Scottish Army did this last Summer advance into England, the Servants or Soldiers of one Sir Thomas Sandford Knight, a Colonel in that Army, did make Entry in the said Castle and Park, and detains the Possession thereof, his Lordship's Tenants being imprisoned:"

It is Ordered, That the Sheriff of Cumberland do put his Lordship into the same Possession he was in Three Years last past.

Lomax to be released, and assign his Arrears to his Creditors.

Upon reading the Petition of (fn. 2) Lieutenant James Lomax, Prisoner in The Gate-house; shewing, "That he hath faithfully served the State, under the Command of the Earl of Essex, for which there is due unto him much Money for Arrears; for Want whereof, he is much indebted to several Persons, and is imprisoned for Debt upon a Bill of Midd.; therefore desires the Protection of this House:"

It is Ordered, That the said (fn. 2) Captain James Lomax shall be released of his present Imprisonment, and assign over to (fn. 3) his Creditors so much of his Arrears as will satisfy his Creditors; and shall have the Protection of this House for his Person, to free him from Arrests.

Letter, &c. from the Commissioners.

A Letter, directed to the Speaker, from the Commissioners in the Isle of Wight, was read, with the Papers inclosed. (Here enter them.)

Ordinance to banish Three Peers.

An Ordinance this Day was brought in, for the banishing of Henry Earl of Holland, George Lord Goringe, and Arthur Lord Capell, and read Twice.

And the Question being put, "Whether to agree "to this Ordinance now read?"

It was Resolved in the Affirmative.

Answer to the H. C.

Doctor Aylett and Mr. Page return with the Answer from the House of Commons:

That concerning naming a Committee to join with a Committee of Lords, to consider of drawing the King's Concessions into Bills, and considering of His other Papers, they will take it into Consideration, and will send an Answer by Messengers of their own.

Ordinance to banish Four Commoners:

Next, an Ordinance was brought in, for banishing Sir Henry Lingen, Henry Hastings Esquire, Major General Rowland Langherne, and Sir John Owen Knight; which was read Twice.

And the Question being put, "Whether to agree "to this Ordinance now read?"

It was Resolved in the Negative.

Votes about them.

Then the House took into Consideration the Votes that were brought from the House of Commons, for banishing the Four Persons named in the aforesaid Ordinance; and being severally read, they were agreed to upon the Question. (Here enter them.)

Ordered, To let the House of Commons know, at a Conference, that their Lordships have passed the Votes for banishing of the Four Commoners; and to deliver them the Ordinance for the banishing of the Three Lords.

Message from the H. C. for a Conference about them.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To desire a Conference, concerning the Seven Persons to be banished, so soon as it may stand with their Conveniency.

Message from thence, with Ordinances.

A Message was brought from the House of Commons, by Mr. Anthony Nicolls, &c.:

1. An Ordinance concerning the Horse Guards.

(Here enter it.)

Read, and Agreed to.

2. An Ordinance for paying to the Executors of Nic. Gould Four Thousand Four Hundred Forty-three Pounds, Twelve Shillings, and Four Pence, owing by the Parliament. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Ordinances now brought up.

Protest against the Ordinances for banishing Three Peers and Four Commoners.

Memorandum, That, before the putting of the Question for passing the Ordinance for banishing of the Earl of Holland, Lord Goring, and the Lord Capell; and also before the putting of the Question for passing the Votes for banishing of Sir Henry Lingen, Henry Hastings, Major General Langberne, and Sir John Owen, the Earl of Lyncolne desired Leave to enter his Dissent, if the said Questions were carried in the Affirmative: Which being granted, he did accordingly enter his Dissent, by subscribing his Name.

"T. Lyncolne."

E. of Lincoln to export Honies.

Ordered, That the Earl of Lyncolne shall have a Pass, to transport Six Geldings beyond the Seas.

Tooke, Auditor of the Court of Wards, Pet.

Upon reading the Petition of James Tooke Esquire, One of the Auditors of the Court of Wards and Liveries; desiring, "some Satisfaction for the Loss of his "Place:"

It is Ordered, To recommend it specially to the House of Commons.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they will give a Conference presently, as is desired.

Heads for the Conference on the Ordinances for banishing the Three Peers and Four Commoners.

The Matter of the Conference is, "To let them know, that, because there may be no Obstruction in the Treaty, the Lords have passed an Ordinance for banishing of the Earl of Holland, the Lord Goring, and the Lord Capell, because, they being Members of this House, it is fit to begin here first, and not by Vote from the House of Commons: And further to acquaint them, that the Lords have passed the Votes for banishing Sir Henry Lingen, Henry Hastings Esquire, Major General Langherne, and Sir John Owen."

Woodroff to be instituted to Kingsland;

Ordered, That Doctor Heath give Institution and Induction unto Tymothy Woodroff Batchelor in Divinity, to the Rectory of Kingsland, in Com. Hereford, void by Death; Salvo Jure, &c.: Oliver Hugh, Patron.

Bradshaw to Wistley,

Ordered, That Doctor Bennett give Institution and Induction unto George Bradshawe Clerk, Batchelor of Arts, to the Rectory of Wistley, in Com. Surrey, void by Death; Salvo Jure cujuscunque: Sir Robert Parkburst, Patron.

and Man to Raworth.

Ordered, That Doctor Aylett give Institution and Induction unto Mr. John Man Clerk, to the Rectory of Raworth, in Com. Essex, void by Death; Salvo Jure, &c.: Thomas Burrell, Patron.

Letter from the Commissioners, with the following Papers about the Treaty.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore, at Westm'r.

"My Lord,

"I herewith present unto your Lordship an Account of the Proceedings since the last Letter of the 8th Instant, and a Copy of the Paper delivered this Evening, concerning Ireland. I remain

Newport, 11 Nov. 1648.

"Your Lordship's humble Servant,

"A. Northumberland."

* * The Commissioners Paper, signifying the Votes of both Houses, &c. upon the King's Answers that are satisfactory.

"Newport, 6 November, 1648.

"We are commanded, by both Houses of Parliament, to acquaint Your Majesty with these their ensuing Votes:

"Die Sabbati, 4 Novembr. 1648.

"Resolved, upon the Question, by the Lords and Commons in Parliament assembled, That the Treaty be continued for Fourteen Days longer.

"Die Jovis, 2^do Nov. 1648.

"Resolved, by the Lords and Commons in Parliament assembled, That His Majesty's Answer, contained in a Paper of the Eleventh of October, 1648, to the Proposition delivered in by the Commissioners in a Paper of the 9th of October, 1648, concerning Ireland, is satisfactory.

"Resolved, &c.

"That the King's Answer to the Proposition concerning the Payment of Public Debts, &c. is satisfactory.

"Resolved, &c.

"That the Houses do consent to the King's Answer, as to the taking away of Wards and Liveries, &c.; and, in Lieu thereof, do agree that One Hundred Thousand Pounds per Annum be settled on the King, His Heirs and Successors, according to the Answer by the King to this Proposition; the same to be settled by Act of Parliament, to be raised in such Manner as shall be thought sit by both Houses of Parliament; and Provision therein made, that the same nor any Part thereof be aliened from the Crown.

"Resolved, &c.

"That Dr. Usher, Dr. Bromricke, Dr. Prideaux, Dr. Warner, Dr. Ferne, and Dr. Morley, shall have the Leave of both Houses to go to the King; and to have the Speakers Passes to that Purpose.

"Resolved, &c.

"That the Commissioners now in the Isle of Wight have Power to agree among themselves, which of them shall come away and attend the Houses; leaving Three there, whereof One Lord and Two Commoners.

"Ex.