House of Lords Journal Volume 7: 17 July 1645

DIE Jovis, 17 die Julii.

PRAYERS, by Mr. Taylor.

Ds. Grey de Warke, Speaker.

Mr. Devereux to be Minister of Gateshead.

Ordered, That Dr. Aylett and Dr. Heath, or either of them, give Institution and Induction to Mr. Devereux, to be Minister of Gatshead, in the Bishopric of Durham; and that an Ordinance be drawn up to this Purpose, and sent to the House of Commons, for their Concurrence.

And presently an Ordinance was drawn, and approved of.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by John Lisle Esquire;

To desire their Lordships Concurrence in these Ordinances:

1. An Ordinance concerning the Custody and Wardship of Sir Wm. Savile Baronet. (Here enter it.)

Read Thrice, and Agreed to.

2. An Ordinance to lend to the Lord Wharton Two Thousand Pounds, out of Haberdashers Hall.

(Here enter it.)

Read Thrice, and Agreed to.

3. An Ordinance to confirm Sir Henry Vane Junior in his Place of Treasurer of the Navy. (Here enter it.)

Read Thrice, and Agreed to.

Deputy Lieutenants for Chester.

Ordered, That this House thinks it fit that Phillip Manwaring and Roger Wilbraham, Esquires, be added to be Deputy Lieutenants for the County of Chester, and shall have Deputations accordingly; and that the Concurrence of the House of Commons be desired herein.

20,000l. to be raised out of Sir W. Portman's Estate.

The Lord Robertes reported from the Committee of the West, "That they, taking into Consideration the great Want of the Western Parts, do think it fit that Twenty Thousand Pounds be raised, out of the Estate of Sir Wm. Portman of Som'setshire:" To which this House Agreed; and Ordered, That the Concurrence of the House of Commons be desired herein.

Message to the H. C. about it; with Deputy Lieutenants Names for Chester; for

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

1. To desire their Concurrence, for Phillip Manwaring and Roger Wilbraham, Esquires, to (fn. 1) be made Deputy Lieutenants for the County of Chester.

Mr. Devereux to be Minister of Gateshead; and for the King's Footmen taken at Naseby to be released.

2. To desire Concurrence in the Ordinance for giving Institution and Induction to Mr. Devereux.

3. To let them know, that, upon the Report from the Committee of the West, this House is of Opinion, That so much of Sir Wm. Porteman's Estate shall be presently sold, as may make up the Sum of Twenty Thousand Pounds, for the Redemption of his Estate and Delinquency; and that it be referred to the Committee of the West, for naming of the Commissioners to put this Vote in present Execution;" wherein this House desires the Concurrence of the House of Commons.

4. To desire their Concurrence, that the King's Six Footmen, taken at the Battle of Naseby Field, and now in Winchester House, Prisoners, may be released and discharged.

Report of the Conference about the Instructions, &c. for the Committees to reside with the Scots Army.

The Speaker reported the Effect of the Conference Yesterday with the House of Commons; which was, "That they had drawn up an Ordinance, by Way of Commission to be given to those Committees that are appointed to reside with the Scottch Army; and also they present to their Lordships, Instructions to be given to the said Committees; but the House of Commons have left a blank Space for the Earl of Stamford's Name, who they desire may not be sent as a Commissioner, in regard he stands impeached before this House by the House of Commons, for Breach of their Privileges; and desire he may be called, to answer the same; and that their Lordships would please to nominate another Lord in his room."

Ludlow released.

Upon reading the Petition of George Ludlow Gentleman; humbly shewing, "That, according to their Lordships Order, he stands committed (fn. 2) to the Usher of the Black Rod, for striking Mr. Temple in the Painted Chamber; for which Offence he is heartily sorrowful, and with all humble Submission craveth their Lordships Pardon for his most rude and unreverend Demeanour in so honourable a Place; humbly praying, that their Lordships will be pleased to order that he may be released from his Commitment."

It is Ordered, That he shall be forthwith released from his present Restraint; and that Major Temple and the said George Ludlow be both brought before this House To-morrow Morning, to receive the Injunction and Command of this House, that they keep the Peace one with another.

Ordinance for Committes to reside with the Scots Army.

Next, the Ordinance for sending Committees to reside in the Scottch Army, was read; and Ordered, That, in respect of the present Urgency of the Dispatch of this Affair in Point of Time, the Lords have thus passed this Ordinance, but do insist upon the Choice of the Earl of Stamford.

The Quorum to be altered to any Two.

Their Instructions.

The Instructions also were read, and Agreed to, with the Alteration of the Quorum to be, any Two.

E. of Stamford's & al. Impeachment, for assaulting Sir A. Haselrigge.

The Earl of Stamford desired to have a Time appointed, for the bringing in of his Answer to the Impeachment of the House of Commons against him and others; and that they might have Mr. Herne, Mr. Chute, Mr. Glover, and Mr. Hayles.

Hereupon this House Ordered, That the Earl of Stamford, &c. should put in their Answers to this House, to the said Impeachment, on Monday Morning next.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Sam. Browne;

To desire Concurrence in these Particulars:

1. An Ordinance concerning raising of Forces, for keeping in the Garrison sof the King's, at Oxford, Bambury, &c.

Agreed to, with a Proviso for the Peers and Assistants of Parliament.

2. An Ordinance for Payment of the Monies due to the late Lord Keeper, into the Hanaper, from the Cursitors. (Here enter it.)

Agreed to.

3. An Ordinance for Mr. Reynolds to be Deputy Clerk of the Hanaper.

Agreed to, with an Addition.

The Answer returned was:

Answer.

That their Lordships do agree to that Order concerning the Cursitors; to the rest, their Lordships will send an Answer by Messengers of their own.

Message to the H. C. with the Ordinance and Instructions for the Committees to reside with the Scots Army;

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To deliver to them the Ordinance for sending Committees to reside in the Scottch Army; and to acquaint them, that, in respect of the present Urgency of the Dispatch of this Affair in Point of Time, the Lords have passed this Ordinance; but do insist upon the Choice of the Earl of Stamford.

2. That their Lordships do agree to the Instructions, with this Alteration, in changing the Quorum from Three to Two.

about the E. of Stamford's & al. Impeachment;

3. To let them know, that their Lordships have appointed the Earl of Stamford and the others to put in their Answers to this House on Monday next, to their Impeachment.

and that the Lords agree to Two Ordinances from thence.

4. That their Lordships do agree to the Ordinance of keeping in the King's Garrisons, with a Proviso, wherein their Concurrence is desired.

5. That their Lordships do agree to the Ordinance concerning Mr. Reynolds to be Deputy Clerk of the Hanaper, with an Addition, wherein their Concurrence is desired.

Addition to the Instructions for the Commissioners going to Scotland.

The Earl of Northumb. reported from the Committee that is appointed to draw up Instructions for to be given the Commissioners that go into Scotland, an Addition to the Instructions; which this House received.

"An Ordinance of the Lords and Commons assembled in Parliament, for the committing and granting of the Custody and Wardship of the Body and Lands of the Heir of Sir William Savile Baronet, deceased.

Ordinance concerning the Wardship of Sir Wm. Savile's Heir.

"It is Ordered, Ordained, and Declared, by the Lords and Commons in this present Parliament assembled, and the said Lords and Commons do Order, Ordain, and Declare, That the Custody and Wardship of the Lands of the Heir of Sir William Savile Baronet, deceased, be committed and granted, or sequestered, unto Sir William Lister Knight, Brian Stapilton, and Richard Brainthwaite of Ruffendale, in the County of Westmerland, Esquires, without Rent or Fine, to the Intents and Purposes hereafter following; videlicet, That, for the supplying of the pressing Wants of the Lord Wharton, the said Sir William Lister, Bryan Stapilton, and Richard Brainthwaite, shall, from Time to Time, pay unto the said Lord Wharton and his Assigns, all such Sums of Money as they shall receive or make, out of the Rents, Issues, and Profits, of the said Estate (above all necessary Charges and Reprizes), until the said Lord Wharton and his Assigns shall be fully satisfied and paid the Sum of Four Thousand Pounds Sterling, of lawful English Money; and that, after the said Lord Wharton shall be satisfied and paid the said Four Thousand Pounds as aforesaid, then the said Sir William Lister, Bryan Stapilton, and Richard Brainthwaite, shall be answerable and accomptable for the Residue of the said Estate unto the Court of Wards, having such reasonable Allowances for their Pains and Charges concerning the same, as the said Courtshall from Time to Time think fit: And it is further Ordered and Ordained, That the Custody of the Body of the Heir of the said Sir William Savile shall be committed, granted, or sequestered, unto the said Lord Wharton, without Fine, to the Intent only the said Lord Wharton may take Care of the Education of the said Heir, the said Lord Wharton having such Yearly Allowance for the Education of the Heir of the said Sir William Savile, out of the Profits of the said Estate, as the said Lords and Commons shall from Time to Time think fit; and the Profits and Advantage of the Marriage of the Heir of the said Sir William Savile to be disposed of as the said Lords and Commons shall appoint: And the said Lords and Commons do Order, Ordain, and Declare, That the Master of the Court of Wards and Liveries, and all Officers and Ministers there, and in Chancery, or elsewhere, to whom it appertaineth, shall, in due Manner, according to the Course of the said Courts respectively, pass or sequester the said Custody and Wardship as aforesaid: And it is further Ordered and Ordained, and the Commissioners of the Great Seal are by the said Lords and Commons hereby required and authorized, to pass the said Grants under the said Great Seal as aforesaid; for which, this shall be their Warrant, as also to all other Officers and Ministers whom it shall or may concern, for what they shall do in Pursuance hereof."

Order for 2000l. to L. Wharton.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee at Habberdasher's Hall do, upon the Credit of the Ordinance for granting Four Thousand Pounds to the Lord Wharton out of the Estate of the Heir of Sir William Savile, forth with lend and furnish the said Lord Wharton, or his Assigns, the Sum of Two Thousand Pounds, for Supply of his present Necessities; to be re-paid out of the First Monies that shall arise to the said Lord Wharton by virtue of the said Ordinance."

Ordinance to confirm Sit Henry Vane Junior, Treasurer of the Navy.

"Whereas Sir Henry Vane Junior, Knight, was displaced by His Majesty (sitting this Parliament) from the Room or Office of Treasurer of Marine Causes or Naval Affairs, held from His Majesty that now is, by virtue of several Grants by Letters Patents and Privy Seal; and hath since held and enjoyed the said Office of Treasurer of the Navy, by Ordinance of Parliament of 8 Augusti, 1642, continuing in Force by a Proviso in the late Ordinance for discharging the Members of Parliament from their Places; and whereas it is now thought fit and resolved, by the Lords and Commons, that the said Office shall be conferred and settled upon the said Sir Henry Vane: Be it hereby Ordered and Ordained, by the said Lords and Commons, That the said Office, with the Rights and Profits thereof, be conferred and settled upon the said Sir Henry Vane, and passed under the Great Seal of England, to hold Quam diu se bene gesserit; and that he do hold and enjoy the same in as ample Manner as any Treasurer of the Navy held or enjoyed the said Office and Profits thereof by any Letters Patents, or Privy Seal, or otherwise, from His Majesty that now is: Provided always, and it is hereby Declared and Ordained, by the said Lords and Commons, That the said Sir Henry Vane, from and after the 12th Day of May last past, shall, during the Continuance of this War, and no longer, pay to the Receiver General of the Revenue, to the Use of the Public, One Moiety of the clear Profits arising out of the said Office, upon the Balance of his Accompts; the Salaries and Allowances to his Deputies, Clerks, and other Instruments acting under him, in the Execution of the said Office, being first discounted out of the whole Profits; the which said Moiety is to be paid to the said Receiver General Half-yearly: And it is further Ordered and 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 of the said Sir Henry Vane of the said Room and Office of Treasurer of Marine Causes, to hold and exercise the same, by himself or his Deputies, so long as he shall well demean himself therein, together with all Preheminencies, Fees, Wages, Profits, and Allowances, to himself and his Clerks, to the said Office in any Wise belonging, and as amply, to all Intents and Purposes, as he the said Sir Henry Vane, or any other Person or Persons, by virtue of any Letters Patents or Privy Seal from His Majesty that now is, or otherwise, have heretofore held or enjoyed the same; and the Commissioners of the said Great Seal are hereby required, upon the Delivery of the said Bill, so prepared and signed by the said Solicitor General and Clerks of both Houses of Parliament, into the Chancery, to make their Recepimus to, and sign the same, to the End the said Bill may be forthwith ingrossed, and passed 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 thereof, and passing the said Grant under the said Great Seal; and also to all and every other the Officers of the said Great Seal."

Ordinance for Payment of Monies due to the late Lord Keeper, into the Hanaper.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That all such Sum and Sums of Money as are in the Hands of any of the Cursitors, which did accrue and grow due unto the late Lord Keeper of the Great Seal, from the Time of his Departure from the Parliament, out of and upon any finable Writs, or otherwise, shall be paid, by the said Cursitors, and every of them respectively, into the Hanaper, for the Use of the Commonwealth; and that the said Cursitors, who have any such Sum or Sums of Money in their Hands, be required and commanded to pay the same accordingly; and, in so doing, they, and every of them that shall so pay the same, shall be hereby discharged, for and touching the same, as well against the said Lord Keeper, as against any other Person and Persons that shall claim or pretend Title thereunto."

Adjourn.

House adjourned till 9^a cras.