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 Mercurii, 8 die Martii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Carslack & al. belonging to The Sun, Petition for Wages due.
Upon reading the Petition of John Rogers, Martin Carslacke, and other Mariners, late serving in the Ship called The Sunne, which is lately come from The East Indies; desiring, "that some Course may be taken for Payment of their Wages."
It is Ordered, To be sent to the House of Commons; with a Desire that they would speedily take the Petition into Consideration, and give the Petitioners some Relief therein, because the Goods, as Salt-petre and Turmeric, (fn. 1) are perishing Goods.
Answer from the H. C.
Mr. Doctor Bennet and Dr. Aylett (fn. 2) return with this Answer from the House of Commons:
That they agree in the Additions to the Ordinance for giving further Power to the Commissioners at Gouldsmithes Hall, and likewise to the Ordinance for Petty to have the Benefit of his Invention of multiplied Writing: (Here enter them.) To all the rest, they will send an Answer by Messengers of their own.
Message to the H. C. about the E. of Mulgrave and the E. of Cleveland; and about the following Particulars.
A Message was sent to the House of Commons, by Doctor Bennett and Dr. Aylett:
1. To pat them in Mind of the Earl of Mulgrave's Petition, which was formerly sent down.
2. To recommend to them the Petition of the Mariners, read this Day, with the Sense of the House thereupon.
3. To put them in Mind of Sir Wm. Anderson's Business.
4. To desire Concurrence in the Ordinance (fn. 3) concerning Mr. Lawe.
5. To put them in Mind of the former Message concerning the Earl of Cleveland.
Message from thence, with Ordinances, and Orders; and to remind them of the one for Jenking's Attainder.
A Message was brought from the House of Commons, by Miles Corbett Esquire; who brought up divers Particulars, wherein their Lordships Concurrence is desired:
1. An Ordinance for pardoning the Delinquency, and taking off the Sequestration of the Estate, of Sir Jacob Astley. (Here enter it.)
2. An Order for Timber for repairing of Chepstow Bridge. (Here enter it.)
3. An Order for giving Mr. Marshall Leave to return out of Scotland. (Here enter it.)
4. An Order for Payment of Three Thousand Pounds to Trustees, for the Younger Children of Sir Thomas Norcliffe, out of the Sequestration or Fine of Sir Jervase Clifton.
5. An Ordinance for Three Thousand One Hundred and Fifteen Pounds for Arms, for Newcastle, Northumb. Cumberland, &c.
6. An Ordinance for Clement Fulthrope Esquire to be Sheriff of the County of Durham.
7. An Ordinance for Two Thousand Five Hundred Pounds to be given to Lieutenant General Crumwell.
8. An Ordinance for raising Monies, to be employed for the Maintenance of the Forces under the Command of Sir Thomas Fairfax Knight.
9. To put their Lordships in Mind of the Ordinance for attainting of David Jenkirs of High Treason.
The Answer returned was:
That this House agrees to the Ordinance for pardoning the Delinquency, and taking off the Sequestration of the Estate, of Sir Jacob Astley; and to the Order for Timber for repairing of Chestow Bridge; and to the giving Mr. Marshall Leave to return out of Scotland: To all the rest of the Particulars, this House will take them into Consideration, and send an Answer by Messengers of their own.
Han. Tarrant, a Pardon.
Upon reading the Certificate of the Judge and Justices of the County of Surry, concerning the malicious Prosecution of Hannab Terrent:
It is Ordered, That she have a Pardon for (fn. 4) her Life, according to the usual Form.
Oxford Univ. Order.
An Order concerning the University of Oxford, was presented to the House, and read; and ordered accordingly. (Here enter it.)
Carvaial and Gore.
Upon certain Information to the House, "That the Difference between Ferdinando Carvaiall and John Gore is composed and ended:"
It is Ordered, That the Fifty Pounds deposited, by Order of this House, in the Hand of the Sheriff of London, be re-paid to the said Ferdinando Carvaiall.
Ordinance to export Wool to Guernsey.
An Ordinance was brought in, to give Leave for Transportation of a small Quantity of Wool to the Isle of Guernsey, for setting the Poor on Work there; and, being read, was passed, and ordered to be sent to the House of Commons for their Concurrence.
Letter from the Commissioners in Scotland.
A Letter from the Earl of Nottingham, and Papers inclosed, were read. (Here enter them.)
Upon reading the Petition of Captain Henry Chaloner:
It is Ordered, To be committed to these Lords following, to call both Parties before them, and hear the Business; afterwards to make Report thereof to this House; and have Power to call such Persons to their Assistance as they shall think fit:
Any Three; to meet on Friday Morning next, at Nine of the Clock, in the Lord Keeper's Lodgings; and to adjourn from Time to Time.
Impeached Lords, further Time to put in their Answers.
Upon reading the Petition of the Earl of Lyncolne, Earl of Suff. Earl of Midd. Lord Berkeley, Lord Hunsdon, and the Lord Maynard: (Here enter it.)
It is Ordered, That they shall have further Time, till the 12 of April next, to put in their Answers to their several Charges of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against them.
Ordinance to attaint Jenkins.
Ordered, That the Ordinance for attainting of David Jenkins of High Treason shall [ (fn. 5) be read] the Second Time this Day Sevennight; videlicet, the 15th of this Instant March.
Trustees for Impropriations.
The Judgement for damning the Decree in the Exchequer, against the Trustees for Impropriations, was read, and passed. (Here enter it.)
Devereux's Ordinance to be Minister of Wolsingham.
An Ordinance was brought in, for making Jonathan Devereux Minister of the Rectory of Wolsingham, in the County of Duresme, void by the Death of Anthony Maxton; and, being read, was passed, and ordered to be sent to the House of Commons for their Concurrence.
Ol. Cromwel's Ordinance for 2500l. per Ann.
The Ordinance for Lieutenant General Oliver Cromewell to have Two Thousand Five Hundred Pounds per Annum, out of the Earl of Worcester's Estate, was read Twice; and ordered to be considered of To-morrow Morning, by a Committee of the whole House.
Riggs, concerning the Bishops Lands.
Ordered, That the Contractors for the Bishops Lands shall forbear all Proceedings in the Business wherein Tho. and Edmund Riggs are concerned, until the last of April next, that the Judges (to whom Reference in this Case hath been made) may make Report thereof unto this House of this Business, that such further Directions may be given therein as may be meet.
Order to give further Power to the Commissioners at Goldsmiths Hall, to send for Delinquents.
Ordered, by the Lords and Commons in Parliament assembled, That Power be, and is hereby, given to the Commissioners at Gouldsmiths Hall, to send for all such Delinquents in safe Custody, that either do refuse to compound at all, or, having submitted to a Composition, do not with Effect prosecute and perfect their Composition, and take out their Ordinances passed both Houses within the Times limited, or within One Month next after the Date of this Order; and to commit to Prison such as they shall find Cause, till they do comply and yield Obedience accordingly."
"An Ordinance of the Lords and Commons assembled in Parliament, to enable the Commissioners of the Great Seal to grant His Majesty's Letters Patents to Wm. Petty, or his Assigns, for his having and quiet enjoying the sole Benefit of his late Invention of Double and Multiple Writing, for the Term of Fourteen Years, according to the Proviso of the Statute of the 21th Year of King James, in that Behalf made.
Ordinance to secure to Petty the Benefit of his Invention in Writing.
The Lords and Commons assembled in Parliament, having, by several Certificates from credible Men, received full Satisfaction, not only of the Feasibility of a late Invention of Double and Multiple Writing, found out and discovered by the Industry of William Petty, and by him made practicable, by Instruments and Means of several Natures and Fashions, but also of the great Use and Profit which may redound to the Common wealth in general, and especially to all those who have much and frequent Use of Writing; and being desirous to encourage, not only the Pains and Labour of William Petty, but also of all others that shall bend their Thoughts to the Search of such Secrets as shall be profitable to the Commonwealth; do ordain, and be it Ordered and Ordained by the Lords and Commons in Parliament, That the said William Petty shall have the (fn. 6) sole Benefit of his said Inventions, to him or his Assigns, for and during the Term of Fourteen Years, either by teaching or otherwise discovering the same, as by the Sale of such Instruments as are useful to the Practice of the said Art; prohibiting, and strictly forbidding, all or any Person or Persons whatsoever, for and during the said Term, the Sale or Use of any of the said Instrument or Instruments, or the Practice of the said Art upon any other Instruments (it being an easy Matter to add unto, or otherwise to alter, those which are already contrived by the said William Petty), without the Licence and Permission of him the said Inventor, or his Assigns, upon the Penalty of One Hundred Pounds, to be forfeited to his or their Use, for as much as it will be very difficult to discover any such Delinquents: And it is further Ordained, That Oliver St. John Esquire, His Majesty's Solicitor General, do prepare a Bill, to be signed by the Clerks of both Houses of Parliament, containing His Majesty's Grant to William Petty, of the sole Profit of the said Art of Double and Multiple Writing accordingly; and the Commissioners of the Great Seal are hereby required, upon Delivery of the said Bill, so prepared, and signed by the Solicitor General and the Clerks of both Houses of Parliament, into the Chancery, to make their Receiptments, and to sign the same, to the End the said Bill may be forthwith ingrossed under the Great Seal: And this Ordinance, or the Duplicate thereof, shall be a sufficient Warrant, as well to the said Solicitor General and Clerks of both Houses of Parliament, as to the said Commissioners, and every of them, for the doing hereof, and passing the said Grant under the said Great Seal, and also to all and every other Officer of the said Great Seal."
Ordinance to clear Sir Jacob Astley of his Delinquency.
"Whereas, by an Ordinance of Parliament of the 28th of December last past, the Lands of Sir Jacob Astley, late of Melton Constable, in the County of Norffolke, Knight, lying and being in the Town and Parish of Maidstone, and in the several Parishes, Hamlets, and Precincts, of Allington, Alesford, and Boxley, in the County of Kent, are granted to John Stephens Esquire, a Member of the House of Commons, for Reparation of such Losses and Damages as the said John Stephens hath sustained, by burning and spoiling of his House, in Overlipiate, in the County of Gloucester, and other Detriments received by the said Sir Jacob Astley; and whereas, by a latter Order of the House of Commons, of the First of March Instant, the Lands so disposed of are accepted as a Fine for the Delinquency of the said Sir Jacob Astley; and that it is thereupon ordered, That the Remainders of the Lands and Estate of the said Sir Jacob Astley, at Wells, in the County of Norfolke, be discharged from Sequestration: Now, for as much as it doth appear that the said John Stephens, by Contract, and for a valuable Satisfaction, hath assigned all the said Lands in Kent, granted to him by an Ordinance of the 28th of December as aforesaid, unto Sir Edward Astley, and Sir Isaale Astley, in Trust, for the Use of the said Sir Jacob Astley; it is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Sequestration of the Estate of the said Sir Jacob Astley, as well in Kent as in Norffolke, and such other Places where his Estate doth lie, shall be from henceforth discharged; and that he be permitted to receive and enjoy the Benefit and Profits thereof as formerly, before any Sequestration was laid upon them: And the said Lords and Commons do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Jacob Astley, for his Delinquency, he having been in Arms against the Parliament, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate, and of all Mean Profits thereof, from the said First Day of March Instant, with an Exception of the Right or Estate of the said Sir Jacob Astley in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel whatsoever; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly."
Ordinance for felling Timber in Frith Wood, for Repair of Chepstow Bridge.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committees of Gloucester and Monmouth shall have Power to fell and cut down so many Timber Trees as shall be necessary and sufficient for the Repair and making good of Chepstow Bridge, out of a Wood called Frith Wood, within the Manor of Chepstowe, in the County of Monmouth; and the Lords and Commons do approve and allow of the felling of such Timber Trees as already have been felled by the said Committees, for the Repair of the said Bridge, notwithstanding any Ordinance passed, or to be passed, for passing away the said Manor of Chepstowe."
Marshall, Leave to come from Scotl.
"Ordered, by the Lords and Commons in Parliament assembled, That Mr. Marshall shall have Leave to return out of Scotland."
Order for the E. of Pemb. to take Possession of the Chancellorship of the University of Oxford, and the V.Chancellor and other Officers there.
Ordered, by the Lords in Parliament assembled, That the Lord Chancellor of the University of Oxford, being at this Time near the University, be desired to go and take Possession of his Place of Honour in that University, unto which he is now restored; and that his Lordship be attended by the Visitors, Vice Chancellor, and Proctors, with all convenient Speed, that he may be restored to his Chancellorship with Solemnity and Honour.
That the Chancellor and Visitors are hereby enabled to create Mr. Reynolds Doctor, in the House of Convocation in Oxford, and give Mr. Reynolds Possession of the Vice Chancellor's Seat and Office; and admit both the Proctors to their Place and Office, in a solemn Manner, in the House aforesaid.
That the Chancellor, Visitors, Vice Chancellor, Proctors, and such Delegates as have been assistant to the Visitors, are hereby enabled to promote all that shall be examined and approved by the said Delegates unto such Degrees as they sue for in the University aforesaid; and to suspend and amove all that are or shall be convicted of Contempt of the Power of Parliament from giving any Vote in the Convocation House aforesaid; that so none of the known Enemies of the Parliament may hereafter intermeddle in the Government of the University, or any longer retard the Reformation there intended by the Parliament, contrary to the Articles agreed on for the Surrender of Oxford.
That the Chancellor, Visitors, and Proctors, are hereby enabled to give Mr. Edward Reynolds Possession of all the Lodgings at Christ's Church Colledge, in Oxford, which did formerly belong to Doctor Fell; and to invest the said Mr. Reynolds with full Power and Authority to govern the said College, and do all Collegiate Acts which any Dean of Christ's Church might formerly of Right do, without any Subjection to, or Dependance upon, any Bishop whatsoever; and that all that are of or belonging to the said College be required to submit to the said Mr. Reynolds, as the Collegiate Dean and Governor of Christ's Church.
That the Chancellor, Visitors, Vice Chancellor, and Proctors, are hereby enabled to invest Mr. Rogers, Mr. Wilkinson, and Mr. Langly, with the full Power and Rights of Collegiate Prebendaries of Christ's Church, without Dependance upon any Bishop whatsoever; and give them Possession of their respective Lodgings, according to their Seniority.
That the Chancellor, Visitors, Vice Chancellor, and Proctors, are hereby enabled to invest all that are nominated and elected Heads or Governors of Houses in Oxford (by the Committee of Lords and Commons for the Reformation of Oxford), with that full Power and Authority, and all and singular Rights and Privileges, which do or ever did of Right belong to their respective Places.
Impeached Lords Petition, for a further Time to put in their Answer.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of Theophilus Earl of Lincolne, James Earl of Suff. James Earl of Midd. George Lord Berkley, John Lord Hunsdon, and William Lord Maynard;
"That your Petitioners, after some Months Deliberation to prepare it, had a Charge brought up against them to your Lordships, by Way of Impeachment, from the Honourable House of Commons.
"That, to advise concerning their Answer, they had, by your Honourable Order of the 11th of February annexed, Counsel assigned them, and a short Day appointed them to answer, and that Day enlarged unto the 8th of this present March.
"That Three of their Counsel, Mr. Hales, Mr. Prinn, and Mr. Newdigate, did, within very few Days after your Lordships Order, enter into several Circuits, whereby the Petitioners were deprived of the Benefit of the Assignment of them.
"That, having advised with the rest in Town, who desire the joint Advice of the others jointly assigned with them in a Case of so high Concernment to your Petitioners, do desire of us, as also do your Petitioners of your Lordships, the Time for your Petitioners Answer may be enlarged, until some convenient Day after the other Counsels Return.
"Which that the same may so be, is the humble Suit of your Petitioners to your Lordships; for which your Honourable Favour to be extended to them, they shall pray, &c.
"Hunsdon. G. Berkley.
Order to reverse the Judgement in the Exchequer, against the Trustees for Impropriations for Charitable Uses.
Whereas Doctor William Gouge, Samuell Browne, and others the surviving Trustees for Pious and Charitable Uses, have petitioned to their Lordships, against a Decree made in the Exchequer-chamber, in Hillary Term, 8° Caroli Regis, against the then Trustees for the said Uses: Upon the reading of the said Decree, and hearing the Petitioners Counsel, they have made it appear unto their Lordships, that the Decree complained of by the Petitioners, made against the said Trustees for Pious and Charitable Uses, is a very great Prejudice to the Way of spreading the Gospel in this Kingdom and the Dominion of Wales, and contrary to the Rules of Justice, and Proceedings in Courts of Equity, the same being made and grounded only upon the Information and Answer of the Defendants, wherein there was no sufficient Matter confessed to ground the said Decree; their Lordships are of Opinion, the said Decree is erroncous, irregular, and a Scandal to the Justice of this Nation, and ought to be reversed: It is therefore Adjudged and Ordered, by the Lords assembled in Parliament, That the said Decree shall be reversed; and the same is hereby reversed, adnulled, and made void; and His Majesty's Remembrancer of his Exchequer, or One of His Majesty's Clerks in the Office of the same Remembrancer, is hereby ordered to bring the Book wherein the said Decree is entered, into this House, on the 10th of this Instant March, to the End the same may be canceled and made void.
Letter from the Commissioners in Scotland, that they have had a Meeting with the Committee of Estates.
"To the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore. Present these.
"May it please your Lordship,
"Since my last to your Lordship, the Committee of Estates here did appoint a Committee to hear us, and receive such Papers as we should deliver to them. Whereupon we met Yesterday, and delivered to them the Papers whereof the inclosed are Copies. We shall attend upon their Answers; and, as there shall be Occasion, you shall have a further Account from,
Edinburgh, 29 Febr. 1647.
"Most faithful and
Order appointing a Committee of Estates to meet with them.
"Edinburgh, 23 Febru. 1647.
"The Committee of Estates gives Comission to the Lord Chancellor, the Earle of Lauderdaill, the Earle of Lanerick, the Lord Lee, Sir Charles Aresken, Archibald Sydserfe, and Hue Kennedy, or any Foure of them, there being One of each Estate, to heare the Commissioners of both Houses of the Parliament of England, and to receive any Papers from them; and to report the same to the Committee.
Paper from the English Commissioners, for preserving a good Correspondence between the Kingdoms.
"Edinburgh, 28 Februarii, 1647.
"Whereas your Lordships are now appointed, by the Right Honourable Committee of Estates, to receive our Addresses to them; we, the Commissioners of Parliament of England, according to our Paper of the 15th, and other Letters to the Lord Chancellor of the 22th of this present February, do again express and declare unto your Lordships (in the Name of both Houses of the Parliament of England) their unfeigned Desire to preserve and maintain a good Correspondence and perpetual brotherly Agreement betwixt the Parliament and Kingdom of England and the Parliament and Kingdom of Scotland. And now again we desire, that the Right Honourable the Committee of Estates would not entertain any Misapprehensions of the Proceedings of the Parliament of England, or, if there be any such, that they would be pleased to make them known to (fn. 7) us, who are commanded to declare unto the Parliament, Convention, and Committee of Estates of this Kingdom, the Sincerity of the Intentions of both Houses of the Parliament of England, to remove whatever of that Kind may have arisen in, or been made upon, their Brethren of Scotland; and they are resolved to do whatever is just and honourable, for the Satisfaction of this Kingdom.
"By Command of the Commissioners of the Parliament of England.
"Edenburgh, 28 Febr. 1647.
"We, the Commissioners of the Parliament of England, are commanded by them, to make known unto the Right Honourable the Committee of Estates, Convention of Estates, or Parliament of the Kingdom of Scotland, That they have taken into serious Consideration the Payment of the One Hundred Thousand Pounds, which was due unto our Brethren of Scotland about the Third of this present February; and however they could not get the Money ready at that Day, yet they have taken such Course as will be effectual to bring in speedily what Money is not already brought in (Copies of which Resolutions we do, for better Satisfaction, herewith deliver to your Lordships): And for such Part of the said Sum as was not paid at the aforesaid Time, both Houses will allow after the Rate of Eight Pounds per Cent. per Annum for Forbearance, for so much as shall be behind, until the Whole be paid, which we are confident will be very speedily.
"By Command of the Commissioners of the Parliament of England.
Paper from them, that the Parl. of England will satisfy the Pay, &c. due to the Scots Army in Ireland.
"Edinburgh, 28 Febr. 1647.
"We, the Commissioners of the Parliament of England, have it in Charge, to make known unto the Right Honourable the Parliament, Convention, or Committee of Estates, of the Kingdom of Scotland, That, however the great Troubles wherewith it hath pleased God to exercise the Kingdom of England, and their great Necessities and Occasions for Money incident thereunto, have hitherto disenabled them to make those Provisions for the Scottish Army in Irel'd that they intended and desired; yet they are fully resolved to give them all the Satisfaction that lies in their Power: And therefore we are commanded, in the Name of both Houses, to offer unto the Parliament, Convention, or Committee of Estates, of the Kingdom of Scotland, That both Houses of the Parliament of England will, if it be desired, send Commissioners into Ulster, in the Kingdom of Ireland, to state the Accompts of the said Army; or, if your Lordships shall rather desire to agree by Way of general Estimate for the Whole, they will consent to that Way; and, when the same shall be mutually agreed on, both Houses of the Parliament of England will endeavour, to the utmost of their Power and Ability, to give that Army all just Satisfaction.
"By Command of the Commissioners of the Parliament of England.
House adjourned till 10° cras.