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 Lunæ, 31 die Januarii.
L. Viscount Say & Seale.
Ds. La Warr.
Alesbury, a Pass.
Kirk versus Sir W. Killegrew, Sir J. Brooks, & al.
Ordered, That the Petition of Thomas Kirke shall be shewed to Sir Wm. Killegrew, Sir John Brookes, Sir Edward Heron, Rob't Longe, James Fawcett, and John Winfray; who are to give the Petitioner Satisfaction, or else return their Answer to this House the 20th Day of February next, else appear in Person.
De Landabola released.
Writs of Error brought in.
Mr. Justice Bacon, Senior Judge of the Court of King's (fn. 1) Bench, brought in these following Writs of Error; which the House received:
Browne & Eyre.
Clutterbucke & French.
Edmunds & Baker.
Hopkins & Brett.
Eyre & Walker.
Idem & Eundem.
Finnys & Palmer.
Ford & Dyer.
Gill & Perry.
Hill & Howish.
Hanbury & Finch.
Durson & Goter.
Certiorari inter Towers & Dickenson.
E. of Winchelsea, a Pass.
Answer from the H.C.
Message from thence, with an Impeachment against the E. of Lincoln;
A Message was brought from the House of Commons, by Sir Peter Wentworth; who said, "He was commanded, by the Knights, Citizens, and Burgesses, of the House of Commons, to bring up to their Lordships Articles of Impeachment against Theophilus Earl of Lyncolne, in Maintenance of their Charge of the Eighth of September last, whereby he stands formerly charged by them, in the Name of all the Commons of England, of High Treason, for levying War against the King, Parliament, and Kingdom: And desired their Lordships, That such further Proceedings may be thereupon had, as to Justice and the Course of Parliament do appertain. And the House of Commons is ready with their Evidence."
against the E. of Suff.
He likewise said, "He was commanded to bring up to their Lordships Articles of Impeachment against James Earl of Suffolke, in Maintenance of their Charge of the 8th of September last, whereby he stands formerly charged by them, in the Name of all the Commons of England, of High Treason, for levying War against the King, Parliament, and Kingdom : And desired their Lordships, That such further Proceedings may be thereupon had, as to Justice and the Course of Parliament do appertain. And the House of Commons are ready with their Evidence."
and against the E. of Midd. Lords Berkley, Hunsdon, and Maynard;
A Message was brought from the House of Commons, by Mr. Chaloner; who said, "He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to bring up several and respective Articles of Impeachment against James Earl of Midd. George Lord Berkeley, John Lord Hunsdon, and William Lord Maynard, in Maintenance of their Charges, whereby they stand formerly charged by them, in the Name of all the Commons of England, of High Treason, for levying War against the King, Parliament, and Kingdom: And did desire, That such further Proceedings may be had thereupon, as to Justice and the Course of Parliament doth appertain. And that the House of Commons is ready with their Evidence."
and for a Conference about the Recorder, &c.
Answer to the H.C.
Message from thence, with Orders.
Sturmey and De la Sour to be attached.
Upon reading the Affidavit of Nic. De (fn. 2) Faraca:
Message from the H.C. for the Commissioners going to Scotland to have Credential Letters.
To desire that the like Letters of Credence that were given to the Commissioners that went last into Scotland may be given to these Commissioners that are now to go; and that they may be signed by the Speakers of both Houses.
Impeachment against the Lords.
Message from the H.C. for the Judges to go the Circuit.
A Message was brought from the House of Commous, by Mr. Knightly, &c.; who brought up a Paper, appointing the several Judges and others to go the next Circuit, wherein they desire their Lordships Concurrence.
De Ferara's Affidavit concerning Sturmey's and De La Sour's Contempt of De Landahola's Order.
"Nicholas De Ferara maketh Oath, That, in the Month of June last, he was present when Mr. Kilvert shewed the Order of the Honourable House, of the 28th of May, unto Sturmey, the Attorney of Matheo De La Fita, and wished him, "to withdraw his Action against Ignacio De Landahola, in Obedience to the said Order." And he answered, "He would not do it." And that he also went with the said Ignacio, on Wednesday last, and saw him served with the Order of this Honourable House of the 25th of January last, and required him to yield Obedience to the said former Order, or to shew Cause to the contrary the Day following: But this Deponent doth not know what he hath performed in Obedience to the said Order. And further saith, That, upon reading of the said Order, there was present one Monsieur La Soeur, a Frenchman, that solicits this Cause for the said Fita; and replied, in losty Language, "That he cared not for the Order; and that the next Day he would take another Writ against the said Ignacio, and more when he pleased."
Credential Letter for the Commissioners going to Scotland.
"We are commanded, by both Houses of Parliament, to signify unto you, That they have nominated and appointed Charles Earl of Nottingham, Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, Wm. Ashurst, and Colonel John Birch, Esquires, Committees and Commissioners of both Houses of the Parliament of England, to the Parliament of Scotland; and therefore, in the Name of the Two Houses of Parliament, we are to desire the Parliament of Scotland to give unto them, or any Two of them, full Credit in those Things which shall be propounded by them, from and on the Behalf of both Houses of Parliament.
Order for Honor to be recompensed, for being Treasurer to the Westm. Militia.
Upon reading the Petition of John Honnor, Treasurer to receive Six Thousand Pounds, for raising a Magazine of Arms for Westm. and the Liberties thereof; shewing, "That he hath, for Four Years past, taken much Pains in the discharging of the Business belonging to that Place, with the Expence of much Time and Money, and in passing and perfecting of Books and Accompts, and Charge in securing the Monies collected, for which he hath not yet received Satisfaction; and that he hath above One Hundred and Twenty Pounds now in his Hands, a good Part whereof is Farthing Tokens, which then were Current Money, but are not so now; by which he shall suffer great Loss, if Consideration be not had of him:"
It is Ordered, by the Lords in Parliament assembled, That the Petitioner is hereby specially recommended to the Committee for the Militia of the City of Westm'r and Liberties thereof, who are desired to give him such a Recompence as may answer his extraordinary Pains, Service, and Care; and to take into Consideration the great Loss and Damage he is likely to receive by the said Farthing Tokens.
Order for 500 £. to the E. of Nott.
Ordered, by the Lords and Commons assembled in Parliament, That the Committee for Advance of Monies at Habberdashers Hall do forthwith pay unto Charles Earl of Nottingham the full Sum of Five Hundred Pounds, out of the First Monies that shall come in at Habberdash'rs Hall."
Order for 1000 £. to Mr. Ashurst.
"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons at Habberdash'rs Hall do pay unto William Ashurst Esquire the Sum of One Thousand Pounds, towards Reparation of his great Losses and Damages."
Ministers to go to Scotl. with the Commissioners.
Thompson to be instituted to Brixton;
Ordered, That Doctor Aylett give Institution and Induction unto Hugh Thompson Clerk, Master of Arts, to the Rectory of Brixton, alias Brison, in the Isle of Wight, in Com. South'ton, void by Death; salvo Jure cujuscunque: Granted by the Great Seal.
Evans to Calborn;
Ordered, That Doctor Aylett give Institution and Induction unto Daniell Evans Clerk, Master of Arts, to the Rectory of Calborne, in the Isle of Wight, in the County of South'ton, void by Death; salvo Jure cujuscunque: Granted by the Great Seal of England.
and Ballam to Gatton.
Ordered, That Doctor Heath do give Institution and Induction unto John Ballam Clerk, Master of Arts, to the Rectory of Gatton, alias Gatten, in Com. Surrey, void by Death; salvo Jure &c. Granted by the Great Seal.