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 Jovis, 2 die Martii.
PRAYERS, by Mr. Corbett.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Answers from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they agree to the Votes concerning the Duke of Yorke; and to the Order for Hampton Court to be kept free for the King's Children; and to the Guard of Island; and to the Pardon for the Prisoners at Norwich: (Here enter them.) To all the other Particulars, they will send an Answer by Messengers of their own.
Doctor Aylett and Mr. Hakewill return with this Answer from the House of Commons:
That they agree to the Ordinance for continuing of the Committee for the Admiralty for Seven Months longer: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.
Doctor Heath and Mr. Hakewill return with this Answer from the House of Commons:
That they will send an Answer to all the Particulars they carried down, by Messengers of their own.
Message from thence, with an Order.
A Message was brought from the House of Commons, by Mr. Rous, &c.; who brought up the Order for Mr. Reynolds to be Dean of Christ's Church, in Oxford, with an Alteration, in which they desire their Lordships Concurrence. (Here enter it.)
Read, and Agreed to.
The Answer returned was:
That this House agrees in the Alteration in the Order now brought up.
Carvaiall and Gore.
Upon reading the Petition of Anthony Ferdinando Caravaball; complaining, "That he hath been long molested, by Thomas Gore, for certain Premios of Assurances, proceeding of Policies pretended to be made by the Petitioner and Daniell Fairefaque: And although it hath been set forth, by the Petitioner's Learned Counsel, to the Commissioners appointed for the Hearing of Causes of Assurances, That they have no Jurisdiction nor Power to proceed in this Cause, in regard the said Policies are not entered and recorded within the Office of Assurances, according to the Statute of the 43 Eliz. the 12th; nevertheless the said Commissioners have decreed and sentenced the Petitioner and the said Fairefaques to pay the said Premios, and will not admit of any Appellation on the Petitioner's Behalf, but have subscribed Warrants of Execution for the said Premios: Therefore humbly prays to be heard by Counsel; and that their Lordships would take the said Statute into Consideration, and to order that, in the mean Time, the Executions awarded may be suspended:"
It is Ordered, That the Money shall be (fn. 1) presently deposited in the Hand of the Sheriff of the City of London, and then the Executions to be suspended; and the Party complained of shall have a Copy of this Petition, and give Answer to it by Tuesday next; and then this House will give such further Directions therein as shall be agreeable to Justice.
Instructions for the Judges.
The Earl of Mulgrave reported from the Committee, Instructions to be sent to the Judges, to be published in the several Circuits; which were read.
Message from the H. C. with a Declaration about the Paper from the Scots Commissioners, concerning the Manner of treating with the King; and with an Order about it.
A Message was brought from the House of Commons, by Nath. Fiennes Esquire; who brought up a Declaration, which had passed the House of Commons, intituled, "A Declaration concerning the Papers of the Scotts Commissioners, intituled, The Answere of the Comissioners of the Kingdome of Scotland to both Houses of Parliament, upon the new Propositions of Peace, and the Foure Bills to be sent to His Majesty; and concerning the Proceedings of the said Commissioners in the Isle of Wight;" wherein they desire their Lordships Concurrence.
2. An Order for the late Declaration to be sent to the Commissioners of both Houses, to be communicated to the Committee of Estates and Parliament of Scotland.
(Here enter it.)
The Answer returned was:
That this House agrees to the Order now brought up; and touching the Declaration, their Lordships will take it into Consideration, and return an Answer by Messengers of their own.
To sit P. M.
Ordered, That this House shall sit this Afternoon, at Two of the Clock, to read the Declaration brought now up from the House of Commons.
Giles to be instituted to Bartling;
Ordered, That Doctor Aylett give Institution and Induction unto Maschall Giles Clerk, to the Vicarage of Bartling, in the County of Sussex, void by the Death of the last Incumbent; salvo Jure cujuscunque: Granted by the Great Seal.
Latham to Ealing;
Ordered, That Doctor Aylett give Institution and Induction unto George Latham Clerk, Master of Arts, to the Vicarage of Ealing, alias Zealing, in Com. Midd. void by Death; salvo Jure, &c.: Great Seal.
and Burton to Bradborn.
Ordered, That Doctor Heath give Institution and Induction unto Jo. Burton Batchelor of Arts, to the Vicarage of Bradborne, in Com. Derby, void by the Death of Mr. Bacon, last Incumbent; salvo Jure, &c.: William Earl of Devon, Patron.
Ordinance for Reynolds to be Dean, and Rogers & al. to be Canons, of Christ Church, Oxon.
"Whereas Doctor Samuell Fell, Dean of Christ's Church, in the University of Oxford, Doctor Gardiner, Doctor Iles, and Doctor Morley, Canons of Christ Church aforesaid, have been sufficiently convicted of an high Contempt of Authority of Parliament; in denying the Power and Authority of Parliament: The Lords and Commons in Parliament assembled declare and adjudge the said Places void, of the said Dean and Canons; and them, and every of them, from their respective Places, and Profits of their Places, do amove; and have constituted and ordained, and by these presents do ordain, That Edward Reynolds Professor of Divinity shall be the Collegiate Dean of Christ Church Colledge aforesaid; and Christopher Rogers Master of Arts, Henry Wilkinson Batchelor of Divinity, and Henry Langley Master of Arts, shall be Collegiate Prebendaries of Christ Church aforesaid; and shall from henceforth take, possess, and enjoy, all the Lodgings and Profits which did formerly of Right belong to the said ejected Dean and Prebendaries respectively."
Order to communicate the Declaration, in Answer to the Paper from the Scots Commissioners, to the Parliament of Scotland.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons at Derby House do send unto the Commissioners in Scotland the Answer of the Lords and Commons to the Scotts Commissioners Papers formerly published, touching the Disposal of the King's Person; with Order and Instructions to the said Commissioners, to communicate the same, from both Houses, to the Parliament of Scotland, and to the Committee of Estates."
Pardon for Prisoners on the Norfolk Circuit.
"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners of the Great Seal do pass, under the Great Seal, a Pardon in Course, to certain poor Prisoners, now remaining in the Gaols of Norff. Circuit, certified by Mr. Baron Trevor and Mr. Justice Pheasant to be fit Objects of Mercy; their Faults being some of them small, and their First Offences, and others the Evidence very doubtful; who were spared from Execution, some by the said Baron Trevor and Justice Pheasant, and some by other Judges and Justices, conceiving them fit Subjects of Mercy."
King's Children to be removed to Hampton Court.
"Ordered, by the Lords and Commons in Parliament assembled, That Hampton Court be kept free for the King's Children; and that the Earl of Northumberland have hereby Liberty to remove them thither when his Lordship shall think fit."
Order to continue the Admiralty Committee.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for the Admiralty and Cinque Ports shall be continued Seven Months longer, from the Date hereof, according to the Power formerly granted unto them."
Duke of York, and the rest of the King's Children, to be continued under the E. of Northumberland's Care; and suspected Persons to be removed from them.
"Upon Consideration of the Letter sent to the House of Peers from the Duke of Yorke, bearing Date the 22th of February Instant, whereby he engageth his Honour and Faith, never more to engage himself in such Businesses; and also upon Consideration of the Report from the Committee of Lords and Commons sitting at Darby House: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Earl of Northumberland be desired to take the best Care he can of the Duke of Yorke, and the rest of the King's Children; and to continue them still under his Charge and Care.
"That, upon the Duke of Yorke's Letter of the 20th of this Instant, they have condescended to give so much Credit to the Engagements and Ingenuity expressed in his said Letter, and to the Tenderness of his Years, as to pass by all such other Resolutions as they might justly have taken upon this Occasion; and do desire the Earl of Northumberland, That he will still continue under his Care the said Duke, and the rest of the King's Children which are now under the Protection of the Parliament.
"That the Earl of Northumberland be desired, from Time to Time, to put from attending the Duke, and the rest of the King's Children, all such Persons whom he shall conceive to be any ways ill-affected, or likely to promote any Designs to the Prejudice of the Parliament.
"That all Papists, and such other Persons as have been in Arms, or adhered to the King, in this War, against the Parliament, be restrained from coming to, or speaking with, the Duke or others of the King's Children, but in the Presence of the Earl of Northumberland; and that the said Earl of Northumberland be desired to give Order to all his Servants, and the Servants that [ (fn. 2) attend the] King's Children, to take Care that this Order be duly observed: And the said Servants are hereby required to take Care, that no such Persons as aforementioned do come to or speak with the Duke, or any the King's Children; and that they do acquaint the Earl of Northumberland, or One or both of the Houses of Parliament, forthwith, if any such Persons have Resort unto the King's Children: And the said Servants are enjoined to be careful herein, as they will answer the contrary to the Parliament."
Order for a Convoy for the North Sea, &c. Fisheries.
"Whereas, by an Order of the House of Commons; dated the 8th of this Instant February, the Petition of the Inhabitants of Yarmouth, Lynn, Blackeney, Wells, Alborow, and Southwold, is referred to the Committee of the Admiralty and Cinque Ports Consideration; the same being for a present Convoy, to guard the Fishing Fleets employed in the North Seas and Isleland; and to report their Opinions to that House: Ordered, by the Lords and Commons in Parliament assembled, That, forasmuch as the Safeguard of the said Fishing is of very great Concernment to the whole Kingdom, there may be presently taken up and employed, for the Island Guard, Two Vessels, both bearing not above One Hundred Men in the Whole, over and besides the Ships agreed upon for the next Summer's Fleet."
PRAYERS, by Mr. Corbett.
Domini præsentes fuerunt:
E. Manchester, Speaker.
Viscount Say & Seale.
L. La Warre.
Launce to be examined by the Assembly.
Ordered, That it is hereby referred to the Assembly of Divines, to examine Mr. Launce's Fitness to be Minister of Edmond's Lumber Streete, and to make Report thereof in Writing to this House, that such further Directions may be given therein as shall be meet.
Declaration in Answer to the Scots Papers.
The Declaration touching the Scotts, and their Commissioners, was the First Time read.
L. Savage, Mordant, and Howard.
Ordered, That the Business of the Lord Savage and others, (fn. 3) to attend the Lords on Saturday next, the Parties to have Notice.
Adjourned, 9 To-morrow.