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, 22 die Februarii.
Comes Manchester, Speaker.
Jones and Heatherley versus Rutter.
Geddy, Yeom Usher, to be re-paid Money expended for Candles for this House.
It is Ordered, To be specially recommended to the Lords that are of the Committee for the Revenue, that speedy Satisfaction may be given to the Petitioner, for the Money which he hath expended as aforesaid.
Risley to have Copies of the Judgement against the E. of Castlehaven and Skipwith.
Upon reading the Petition of James Risley; shewing, That whereas, by a Lease from Richard then Bishop of Winchester, he hath Right to certain Lands in Wilts, called Fountell Farme, which escheated to the said Bishop by the Attainder of Mervin Lord Awdley Earl of Castlehaven, and Henry Skipwith; and the Petitioner, having now a Suit depending for the same at the next Assizes at Salisbury, doth humbly desire the Warrant of this House to Mr. Solicitor, that he may have Copies of the Indictments of the said Earl and Skipwith, and of the Judgement thereupon, that so he may be enabled to proceed to Trial in the said Suit:"
It is Ordered, That Mr. Solicitor (fn. 1) do grant Copies of the said Indictments and Judgement, as is desired.
Lennard's Ordinance for Naturalization.
Ordinance to make St. Giles', at Pontefract, Parochial.
An Ordinance was presented to this House, for making the Chapel of St. Gyles, in Pomfract, a Parochial Church, the former Parish Church being set on Fire in the Wars; which was read Twice, and committed to the Earl of Warwicke, the Earl of Mulgrave, and the Lord Robertes, to consider of it, and report their Opinions to this House.
Report concerning Harvey's Sequestration.
The Lord North reported from the Committee of Lords and Commons for Sequestrations, a Paper concerning Mr. Harvey; which was read: (Here enter it.) And the House approved of the said Report; and that the same be sent down to the House of Commons for their Concurrence therein.
Sir J. Brooke, in his Answer to Kirk, stiles himself Ld. Cobham.
Upon this, the House being desirous to be satisfied herein; Ordered, That Sir John Brooke shall make it appear to this House, how he comes to claim the Title of Lord Cobham; and this to be this Day Fortnight.
E. of Cleveland, further Liberty.
Ordered, That the Earl of Cleveland shall have Liberty, upon his former Bail, to go to his House at Tuddington, in Bedfordshire, for Three Months; provided he stir not above Seven Miles from his House: And the Concurrence of the House of Commons to be desired herein.
Letter from the Duke of York.
A Letter to the (fn. 2) Earl of Manchester, from the Duke of Yorke, was read.
Horses to be exported for the French King.
Message from the H. C. with an Ordinance to attaint Jenkins.
A Message was brought from the House of Commons, by Mr. Serjeant Wylde; who said, "He had brought up an Ordinance of attainting of David Jenkins, late of Greyes Inne, in the County of Midd. Esquire, of High Treason." He further said, "That David Jenkins was a Capital Offender, and Pestis Reipublicæ et Hostis Patria; who, with his Pen and Tongue, hath offended in the highest Degree. The House of Commons desired their Lordships to give Expedition therein; and said, that the Witnesses were ready."
Message from thence, with Ordinances and Orders.
3. Order for securing Twenty Thousand Pounds payable by former Ordinance to the Committee of the Eastern Association, for the borrowing of the same, and advancing it for the Use of the Navy. (Here enter it.)
Rooper versus Wiseman.
Gill and Perry, in Error.
It is Ordered, That this House affirms the Judgement given in the King's Bench; and that the Transcript of the Record be returned into the King's Bench, that Execution may be taken out: And it is further Ordered, That the Plaintiff shall pay to the Defendant Five Pounds Cost.
Brough and Hunt, D°.
It is Ordered, That this House affirms the Judgement given in the King's Bench; and that the Transcript of the Record be returned into the King's Bench, that so Execution may be taken out: And it is further Ordered, That the Plaintiff shall pay Fifty Shillings to the Defendant, for Costs in this Business.
Steward and Elmhurst.
Gen. Sterling and Marshall, a Pass.
Message to the H. C. with Honnor's Order;-for the E. of Cleveland to have further Liberty;-and with Lady Moore's Petition.
2. To desire their Concurrence in the Order concerning the Earl of Cleveland having Liberty to be at Tuddington for Three Months, upon the former Bail; provided he go not further than Seven Miles from his House.
Report from the Committee for Sequestrations, about Harvey's.
"In the Case of Mr. Robert Harvey: Upon the Certificate and Examinations returned from the Committee of the City and County of Chester; upon the hearing of Counsel on both Sides, it appearing to the Committee, That the said Mr. Harvey, though he was named Commissioner of Array for the King, yet did never act therein; and for that it also appeared, That, for his Not-acting, his House after Six several Attempts was set on Fire, which, together with the Shop and Stables adjoining, were of the Value of Eighty Pounds per Annum, besides many Services which he and his Wife had done to the Parliament's Friends: Yet, in respect it is certified and confessed by the said Mr. Harvey, That he had taken some of the King's Oaths against the Parliament; this Committee are of Opinion; That he is within the Ordinance for Sequestrations; but, in respect of his aforesaid Sufferings and Services, do think fit and order, That his Case be presented to the Consideration of both Houses, as a fit Object for their Favour: And that the Lord North be desired to report the same to the House of Peers, and Mr. Serjeant Wylde to the House of Commons.
"That, albeit he was nominated a Commissioner of Array, he nevertheless rejected the Temptation, and utterly refused the Entertainment thereof; and remains altogether clear of any Affection or Action concerning the same.
"That, being called to an Election of the Mayor of the City aforesaid, and upon the Bench amongst the rest of the Aldermen, he was chose Mayor; which he presently protested against, rose from the Bench, and immediately left the Court.
"That, in Observation of this Passage, the Lord Cholmondeleth, and Sir John Byron the Governor of that Garrison, and many others also, exceedingly maligned him, as for sundry Speeches touching their unlawful Proceedings against the Parliamentary Party; and especially for saying, (videlicet,) "That they had over-mastered us;" which drew him into Suspicion of his Fidelity, and them into Malice against him for the same.
"That (fn. 3) he privately secured the Person of one Mr. Langley, a godly Minister, adherent to the Parliament, together with Mr. Peter Leigh, a well-affected Citizen, much maligned by the Cavaliers (who thirsted after their Misery), until they were conveyed thence from the Danger of their Malice.
"That, upon the happy Reducement of Chester, and Inquisition made of the Affection and Disaffection of the Aldermen, of their Service or Disservice, Cause was found to continue him, when many were put out.
"All which have plainly appeared to the Right Honourable the Committee of Lords and Commons for Sequestrations, wherewith they are satisfied so far, in regard of his Service and Sufferings for the Parliament, as that,
"notwithstanding notwithstanding he lies within the Compass of the Ordinance for Sequestration for some Oaths forced upon him against the Parliament, they conceive him nevertheless a sit Object of Favour; and therefore, by their Order of the Second of this Instant February, have recommended his Case and Condition to both Houses, to be reported by the Lord North and Mr. Serjeant Wilde, for a favourable Discharge."
Rooper's Petition, for Reversal of a Decree in Chancery, made in Favour of Wiseman.
"That Ralphe Wiseman, Second Son of Sir Thomas Wiseman, being Nephew to your Petitioner, about Twenty-four Years since unhappily married with a Servant of his Father's, far below his Rank, and had no Portion, by which he incurred his Father's Displeasure; and thereupon prevailed with your Petitioner to enter into Articles to the said Sir Thomas Wiseman, That, within a Month after the Death of Sir Anthony Roper your Petitioner's Brother, your Petitioner should settle the Reversion of the Manor of Habour, in Lincolnesbeir, after your Petitioner's Death, on the said Ralph Wiseman and his Wife, and his Heirs; and also, after the Death of Sir Anthony, to pay Fifty Pounds per Annum to him and his Wife; with some other Provision, That if no Lands descended from the said Sir Anthony Roper, that your Petitioner should secure the Payment of Four Thousand Pounds to him and his Wife, after your Petitioner's Death; and upon Request to enter into a Statute of Five Thousand Pounds for Performance thereof; which Articles were entered into only at the Desire of the said Ralph Wiseman, the better to procure a Reconciliation with his Father; and the same was only voluntarily done by your Petitioner; and so the said Ralphe Wiseman declared, and agreed that no other Use should be made thereon; and accordingly the said Articles lay sleeping above Twenty Years, and no further Assurance was required, nor any Request made to enter into the said Statute: But, about Three Years since, a Bill was preferred into the Chancery, by the said Ralphe Wiseman, against your Petitioner and Sir Thomas Wiseman, charging a Combination, and to have the said Lands settled, and the Fifty Pounds per Annum paid: To which Bill your Petitioner, by Advice of Counsel, demurred. But the Court was pleased to order an Answer, in respect the Point of the Demurrer might be insisted on at the Hearing. After which, the Cause was heard, and decreed contrary to your Petitioner and his Counsel's Expectation.
"But, though it were declared that the Court did not bind the Interest of the Land, yet that the Court would enforce your Petitioner to perform his Agreement; and did order and decree your Petitioner to perform the Articles and Agreement, and convey the Manor of Harbour, according to the Meaning of the Articles.
"Now, for that your Petitioner humbly conceiveth the same Decree is erroneous, and the Cause not proper for the said Court of Chancery, for these Causes; because Damages were only recoverable at Law upon the Articles; and because the Bill, as against Sir Thomas Wiseman, was dismissed, and your Petitioner still chargeable at Law at his Suit: And for that the Court declared the Interest of the Land is not bound, and yet decreed your Petitioner to convey, and thereby enjoined what is not possible for him to perform, the Lands being long since sold, for Payment of many just Debts due to the King and others; and in respect your Petitioner had but a Possibility when the Articles were entered into: For which Causes, and many other apparent Defects and Errors in the said Decree; and for that your Petitioner, relying that the Cause was proper for Law, did not examine Witnesses, to prove the said Ralph Wiseman's own Agreement that no other Advantage should be taken of the Articles than to procure his Father's Favour:
"Therefore your Petitioner's humble Suit is, That your Honours would be pleased to take the Premises into Consideration; and, upon Examination of the Truth hereof, to reverse the said Decree; and, till your Lordships Leisure permit to hear the Cause, that all Proceedings upon the said Decree may be stayed by your Lordships Order; to whose Justice he humbly appeals, and will readily submit.
Commissioners of Excise to reimburse themselves 10,000£. to be advanced by them for the Use of the Navy.
"Whereas both Houses of Parliament did, by their Order of the First of February present, charge upon the Receipts of the Grand Excise, to be employed for the Use of the Navy, the Sum of Seventy Thousand Pounds, that shall first arise, Part of One Hundred and Fifty Thousand, charged, by Order of the Twentyeighth of May, 1647, on the said Receipts in Course, for the Arrears of the Army: And whereas the Commissioners of Excise have, for Supply of the present and pressing Occasions of the Navy, offered to advance, by Way of Loan, the Sum of Ten Thousand Pounds, upon the Credit of the said Orders of Seventy Thousand Pounds, to be re-paid the same, with Interest after the Rate of Eight Pounds per Cent. per Annum, every Six Months, until Reimbursement: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners of Excise shall and may satisfy and reimburse themselves, by Way of Defalcation; and that their Executors, Administrators, and Assigns, shall be paid, by the Commissioners of Excise for the Time being, out of the foresaid Seventy Thousand Pounds, as the same shall fall due in Course, next after other Engagements made by both Houses of Parliament upon the said Seventy Thousand Pounds, the said Sum of Ten Thousand Pounds, now by them advanced, together with Interest for the same after the Rate of Eight Pounds per Centum per Annum, to be paid unto them every Six Months, to be accounted from the Time of their Lending thereof, until their full Reimbursement: And the Comptroller and Auditor of the Excise are to take Notice hereof, and allow the same upon their Accompts accordingly."
Ordinance to re-pay 10,000£. to the Committee of the Eastern Association, advanced by them for the Public Service.
"Whereas the Committees of the several Counties of Norff. Suff. Essex, Huntingdon, Herts, Cambridge, and the Isle of Ely, and the City and County of Norwich, have, by themselves and others, advanced, paid, and lent, great Sums of Money, for Payment of the Regiments of Horse, and other Forces, lately employed under the several Commands of Major Heynes, Major Le Hunt, and Major Gibb, and of Captain Waylett's Company of Dragoons, and no Satisfaction or Security as yet hath been given for the same, the Charge thereof being computed to amount to Ten Thousand Pounds: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Ten Thousand Pounds, with Interest for the same after the Rate of Eight Pounds per Centum, payable every Six Months, be charged upon the Grand Excise, in Course; and the Commissioners of Excise for the Time being are hereby authorized and required to make Payment of the said Ten Thousand Pounds, as the same shall grow due in Course, and Interest for the same, after the Rate of Eight Pounds per Centum, payable every Six Months, and to begin from the First of March next, for so long as the same shall be forborn, unto the said Committee of Lords and Commons for the Eastern Association, or to such Treasurer as they shall appoint to receive the same, whose Receipt or Receipts shall be to the said Commissioners of Excise their full and sufficient Discharge; which Committee for the Eastern Association, or any Five or more of them, have hereby a Power to grant forth their Warrants, for Payment of the said Ten Thousand Pounds and Interest, for the Uses abovementioned."
Ordinance to secure 20,000£. to the Committee of the Eastern Association, formerly ordered to them; and for borrowing it for the Use of the Navy.
"Whereas, by Ordinance of the Twenty-eighth of February, 1645, there was charged upon the Excise, in Course, the Sum of Twenty Thousand Pounds, with Interest after the Rate of Eight Pounds per Centum, payable for the Use of the Three Regiments of Horse, late under the several Commands of Major Haynes, Major Le Hunt, and Major Gibb, and of Captain Waylett's Company of Dragoons, raised, sent out, and maintained, by the Eastern Association: And whereas the Committee of Lords and Commons for the Eastern Association was contented, and did agree, that the same should be issued forth and disposed of for the present Supply of the Army; and, by an Ordinance of the 8th Day of December last, it was thereupon ordained and declared, That, in Satisfaction of the said Agreement, the said Twenty Thousand Pounds, with Interest due on the First of March next, shall be re-paid, by Sir John Wollaston and the rest of the Treasurers at War, out of the Receipts and Assessments for the Army, upon the First of March next, to such Treasurers as the said Committee shall appoint; and whereas the present Necessities of the Navy are so pressing, that the same require a speedy Supply of Monies; without which those Affairs cannot be carried on; and the said Committee for the Eastern Association is contented, and do agree, that the said Twenty Thousand Pounds shall be forborn, and be paid and employed for the Use of the Navy: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Treasurers of War shall have hereby Power to pay the said Twenty Thousand Pounds unto Sir Vane Junior Knight, Treasurer of the Navy, for the Use of the Navy, upon Warrant from the Committee of the Army, or any Five of them, directed to the Treasurers at Wars; the which Committee of the Army is hereby required to issue their Warrant to the same Purpose accordingly; and that the Receipt or Receipts of the said Sir Henry Vane shall be to the said Treasurers at War their sufficient Discharge: And the said Treasurers at War are hereby ordered and required, without any further or other Warrant than as aforesaid, to pay the Interest due for the said Twenty Thousand Pounds, to the First of March next, unto the Committee for the Eastern Association, or to such Treasurer as they shall appoint to receive the same, whose Receipt or Receipts shall be to the said Treasurers at Wars their sufficient Discharge: And whereas both Houses of Parliament did, by their Order of the 28th of May, 1647, charge upon the Receipt of the Grand Excise, in Course, the Sum of One Hundred and Fifty Thousand Pounds, payable to the said Treasurers at War, for Payment of the Arrears due to the Inferior Officers and Soldiers of the Army under the Command of Sir Thomas Fairefax; for which the said Houses of Parliament having since made other Provision, did thereupon order, the First of February last, That the First Seventy Thousand Pounds, Part of the said One Hundred and Fifty Thousand Pounds, as the same shall grow due in Course, be paid unto the said Treasurer of the Navy, for the Use of the Navy: Be it therefore further Ordained and Declared, by the Authority aforesaid, That, in Satisfaction of the said Agreement of the Committee for the Eastern Association, and for their Security, the said Twenty Thousand Pounds, which was payable to them upon the First of March next as aforesaid, shall be re-paid, by the Commissioners of Excise, out of the First Monies of the said Seventy Thousand Pounds assigned to the Navy, Part of the said One Hundred and Fifty Thousand Pounds charged upon the Excise in Course, and formerly assigned to the Army as aforesaid; and that Interest for the said Twenty Thousand Pounds, after the Rate of Eight Pounds per Centum, be paid every Six Months, and do begin from the First of March next, and be continued for so long Time as the said Twenty Thousand Pounds shall be forborn, and till the same shall fall due, and be paid in Course as aforesaid: And the Commissioners of Excise for the Time being shall have Power, and are hereby authorized and required, to make Payment of the said Twenty Thousand Pounds, and the Interest thereof as abovesaid, unto the said Committee of Lords and Commons for the Eastern Association, or to such Treasurer as they shall appoint to receive the same, whose Receipt or Receipts shall be to the Commissioners of Excise their full and sufficient Discharge in that Behalf: And it is likewise Ordained, by the Authority aforesaid, That the said Twenty Thousand Pounds, and the Interest thereof due to the First of March next, and payable by the Treasurers at War as aforesaid, and likewise the Interest thereof to begin from the First of March next, and payable by the Commissioners of Excise as aforesaid, shall be issued and paid out, by Warrant from the said Committee of Lords and Commons for the Eastern Association, or of any Five or more of them, who have hereby a Power to grant forth their Warrants accordingly, for Payment thereof, as well for the Reimbursement of all such Sums of Monies, with Interest for the same, as shall appear to the said Committee to have been advanced and lent, or paid, for maintaining of the said Three Regiments of Horse and Company of Dragoons, in the Service against Newarke, upon the Ordinance of 28th February, 1645, first abovementioned, and for Satisfaction of such Damages as shall also appear to the said Committee to have been sustained by the Committees of the several Counties of the Eastern Association, or by any of them, in the Loss of Horses, Arms, and Furniture, by them provided for the furnishing of the said Horse and Dragoons for the said Service; as also for Payment (fn. 4) and Satisfaction of the Arrears which shall appear to the said Committee to be due, for the Pay of such Officers and Soldiers of the said Regiment of Horse and Company of Dragoons as have served in reducing of Newarke: And that the said Twenty Thousand Pounds and Interest may be issued and paid according to the true Intent and Meaning of this Ordinance, it is also Ordained, That the said Committee for the Eastern Association, or any Five of them, shall have Power and Authority, and are hereby authorized and enabled, by themselves and such as they have or shall appoint, and by such Ways and Means as they have or shall appoint, and by such Ways and Means as they or any Five of them shall think fit, to take, state, audit, and determine, as well the Accompts of all the said Officers and Soldiers, for their Pay, as well due upon the Public Faith, as for their present Pay during the Time of their said Service, as also the Accompts of all Treasurers and others that are to receive any Proportion of the said Sum of Twenty Thousand Pounds and Interest, by the Appointment of the Committees of the Counties in the said Association as aforesaid: And it is further Ordained, That the said Committee for the Eastern Association may reward and pay such Person or Persons as they have or shall employ for the better Execution of this Service, for their Pains and Charges, out of the said Sums, or of any other Treasure in their Dispose, as they shall think fit: And further it is Ordained, That the said Committee shall administer an Oath, which they have hereby Power for to do, as well to such Persons as are to pass their Accompts before them as aforesaid, as also to all other Persons upon all other Accompts within Survey of the said Committee, for the better clearing the Truth thereof.
"Provided always, That neither this present Ordinance, nor any Thing therein contained, shall extend to the Prejudice of the making void of an Order of the House of Commons made the 23th of December last past, for the Payment of Sixteen Hundred Sixtythree Pounds unto Captain Edward Wingate; which said Order is hereby confirmed."
Order for 151£. 6s. 5d. to Capt. Ashley.
"Ordered, by the Lords and Commons assembled in Parliament, That Captain Thomas Ashley, Commander of the Ship Imployment, a Person that hath done very many good Services to the Parliament, desiring Satisfaction for the Sum of One Hundred Fiftyone Pounds, Six Shillings, and Five Pence, for Guns and Ammunition, which he left at Hull, for the Defence and Safety of that Place; for the Payment of which Sum of One Hundred Fifty-one Pounds, Six Shillings, and Five Pence, he received an Order from the Committee of Lords and Commons for the Safety of the Kingdom, directed to Sir Gilbert Gerard, Treasurer at Wars, dated 19 Decembr. 1643, be recommended to the Committee at Gouldsmiths Hall; and referred unto them, to make present Payment of the said Sum of One Hundred and Fifty-one Pounds, Six Shillings, and Five Pence, to the said Captain Thomas Ashley, he having deserved very much, and long patiently expected the Payment of the said Monies."
Order for 1000£. for Fenwick.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be bestowed upon, and paid unto, Mr. Robert Fenwicke, in respect of his very great and good Services to the Parliament and his Losses, out of such concealed Delinquents Estates as he shall discover to the Committee at Habberdash'rs Hall, or out of the Surplusage of such Delinquents Estates as have compounded at Gouldsmiths Hall, and not given in true and full Particulars of their Estates; and the respective Committees are to pay it unto him accordingly; he delivering in at one Time the Names of such Delinquents he shall discover, to the said respective Committees."
Order for Franklin to be restored to his Fellowship of King's College.
"Whereas William Francklyn, late One of the Fellows of King's Colledge, in Cambridge, was ejected out of his Fellowship, for expressing his Disaffection in not taking the solemn League and Covenant, and that no other Crime was objected against him; and that he is willing to take it: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Mr. Francklyn be restored to his said Fellowship, if it be still void; and that he be likewise restored to the Profits of the said Fellowship, grown due since his Ejectment, that are not yet disposed of."
Long to be instituted to Pendomer.
Ordered, That Dr. Aylett give Institution and Induction unto Thomas Longe, to the Rectory of Pendomer, in Com. Som'sett, void by Death of the last Incumbent; salvo Jure cujuscunque: Granted by the Great Seal.