House of Lords Journal Volume 7: 4 November 1645

DIE Martis, 4 die Novembris.

PRAYERS, by Dr. Smyth.

Ds. Grey de Warke, Speaker.

E. of Huntingdon's Petition, to take the Sequestration off his Estate.

Upon reading the Petition of Ferdinando Earl of Huntingdon; shewing,

"That he continued his Attendance upon the Parliament a Year after the Loss of his Estate in Ireland, till he could no longer subsist in London; and then, with the Leave of the House, he returned into the Country, to his House (fn. 1) at Donington Parke, where he remained during his Father's Life; in whose Lifetime, Ashby de la Zouch was made a Garrison: But after his Father's Decease, by reason of the uncivil Carriage of Captain Hotham's Soldiers, who took him Prisoner, and carried him so to Nottingham, he was forced for his Security to go to Ashby, where he continued; in which Time of his Continuance, he neither took Arms, nor gave Contribution, or joined to their Councils or Commissions, and though he was divers Times sent for to Oxford, never went; in which Time of his Abode at Ashby, the Committee at Leycester sequestered his Estate, which, in respect of the Premises, he hopeth their Lordships will be pleased to free, because he hath lost in Ireland near One Thousand Pounds a Year; and that which he hath in England being subject to Armies, and Ashby, by reason of the Garrison, useless to him, and the whole Estate (making no Deductions for Taxes) not amounting to Nine Hundred Pounds a Year; and considering his great Charge of Seven Children unbrought up, and unprovided for; besides, for his Degree, (fn. 2) there is some Thousand Pounds Debts whereinto he fell in his Father's Time, his Lands being so entailed, that, if he should die, all are like to suffer: Therefore he desires, that his Sequestration may be taken off his Estate."

Ordered, That this Petition be recommended to the House of Commons.

Message from the H. C. about Prince Rupert's Pass;

A Message was brought from the House of Commons by Sir Rob't Pye, &c.

To desire that the Committee for considering of the Manner of a Pass for Prince Rupert and Prince Maurice, &c. may be reduced to Two Lords and Four Commoners; and to meet presently.

Agreed to.

and with Ordinances for Concurrence.

2. To desire Concurrence in divers Ordinances:

1. An Ordinance for issuing out of the Excise Three Thousand Pounds, for the Use of the Counties of Oxen, Bucks, Berks, and for Donington Castle. (Here enter it.)

Agreed to.

2. An Ordinance concerning Sutton's Hospitall. (Here enter it.)

Agreed to.

3. An Ordinance concerning Pennoyer and Mr. Hill. (Here enter it.)

Agreed to.

4. An Ordinance to (fn. 3) add some Persons to the Committee for Accompts.

5. An Ordinance concerning the Eastern associated Counties, touching Alarms.

6. An Ordinance concerning Terrill, for Discharge of his Delinquency.

7. An Ordinance for a Weekly Assessment, in the Counties of Gloucest. Monmouth, &c.

8. An Ordinance to pay One Hundred Pounds to Colonel Morgan.

9. An Ordinance for Colonel Hughes to be Governor of Cheptstowe.

10. Divers Orders for Nomination of Sheriffs for divers Counties.

The Answer returned was:

Answer.

That this House agrees for reducing the Committee to a lesser Quorum; and to meet presently, as is desired, in the Lord Keeper's Lodgings.

Report concerning Oakley's Patent, as Receiver of Westminster College.

The Earl of Manchester reported, "That the Committee have perused Mr. Oakley's Patent; and they find it a Grant from the Dean (fn. 4) and Chapter of Westm. for Life, to be Receiver of the Rents of the said College; but with a Proviso, That, if he doth not give a faithful Accompt, and carry himself with performing of his Covenants, then he is to be removed and discharged."

Answer from the H. C.

Doctor Aylett and Mr. Page return with this Answer to the Message to the House of Commons Yesterday:

That concerning the Lord Buckhurst's Petition,

The Paper from the Ambassador of Spayne,

John Hancok's Business, and

Colonel Berrowe's Business;

They will send an Answer by Messengers of their own.

Whinnel sent for, for Words against L. Say & Seal.

This Day Moses Sutton and William H alle testified upon Oath, "That they heard James Whinnell, of Wisbeech, in the County of Cambridge, and Isle of Ely, speak very basely and scandalously of some Noblemen in the Parliament, my Lord Say being named for One.

"That, much about the Time that Leycester was taken by the King, the said James Whinnell did speak openly, in the Excise-office in Wisblech, "That my Lord Say had a Hand in the Betraying the said Town of Leycester unto the King's Forces." One standing by asked him, "How my Lord should have a Hand in that?" The said James made Answer, and said, "It was by his Means (meaning my Lord Say) that the Town was not relieved by our Forces sooner; for (said he) Colonel Vermuden was within One Day's March of their Relief; and had it not been for my Lord Saye, they had been soon enough for to have raised the Siege before the Town." And further said, "That neither my Lord Saye, nor none of the Feinnes, ever did the State any Good, but a great Deal of Hurt."

"Moses Scotten.
Will. Hall."

Upon this, it is Ordered, That the Gentleman Usher of the Black Rod shall attach the Body of the said James Whinnell, and bring him before the Lords in Parliament, to answer the same; and the said Moses Scotten and Will. Hall shall attend, to give Evidence against the said Whinnell.

Ordinance for Sale of old Men of War.

An Ordinance for the Sale of divers unserviceable Ships of the Navy, was read, and Agreed to.

(Here enter it.)

Order for 3000l. for Ammunition, &c for the Service against Denington.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Three Thousand Pounds be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of Sept. 1643, (with Interest, after the Rate of Eight Pounds per Centum, from the Advance of the Money until it shall be paid), unto Thomas Knight and Thomas Scott, Esquires, Treasurers for the Three Counties of Bucks, Berks, and Oxon, or to either of them, for the providing of Ammunition, and other Materials, propounded and desired for the Service against Donington Castle; and the Receipt of the said Treasurers, or either of them, to be the Commissioners of Excise for the Time being their sufficient Warrant and Discharge in that Behalf."

Ordinance to displace some Governors of Sutton's Hospital, and for the Election of new Ones.

"Whereas the Lords and Commons in Parliament assembled, being given to understand, from the Governors of the Lands, Possessions, Revenues, and Goods, of the Hospital of King James, founded in Charter House, by Thomas Sutton Esquire, That Mathew sometimes Bishop of Ely, One of the Governors of the said Hospital, hath, for the Space of Four Years last past, stood charged, by the Commons in Parliament assembled, with divers and sundry Articles of a very high Nature, and by that Means hath been uncapable of exercising the Office and Place of a Governor according to the Trust thereof; and whereas also John sometime Archbishop of Yorke, and Sir Robert Heath Knight, sometimes One of the Justices of His Majesty's Court of King's Bench at Westm. Two other of the said Governors, have (for the Space of Three Years past and upwards) been in actual Service in the War with the King against the Parliament, whereby much Prejudice may happen to the said Hospital, for Want of the full Number of Governors to be present at their Assemblies, and otherwise to transact the Businesses and Affairs of the said Hospital as Occasion necessarily requires, unless some speedy Remedy be provided, thereby to enable the rest of the Governors to elect and choose some other worthy, able, and meet Persons, in their Rooms and Places: The Lords and Commons in Parliament assembled, taking the Premises into Consideration, do hereby Order and Ordain, That the said Mathew Bishop of Ely, John Archbishop of Yorke, and the said Sir Robert Heath, be removed of and from their respective Offices and Places of Governors of the said Hospital; and that the rest of the said Governors do, according to the Charter of the Foundation of the said Hospital, elect and choose such other able and meet Persons, in their Rooms and Places, as they shall think fit."

Ordinance for Messrs. Pennoyer and Hill to receive the Rents of the E. of Worcester, L. Herbert, and Sir J. Somerset, towards Payment of 9402l. 5s. due to them

"Be it Ordained and Declared, by the Lords and Commons assembled in Parliament, That the respective Committees for Sequestration, in the Cities of London, Westm. and Liberties thereof, and County of Midd. do, from Time to Time, from and after the 29th Day of September now last past, give Warrant, Order, and Direction, to the several Treasurers, Solicitors, Collectors, and other Officers or Ministers for the Time being, employed or authorized in that Behalf, to pay and issue, unto William Pennoyer and Richard Hill, Merchants, and their Assigns, all and singular the Rents, Issues, and Profits, from Time to Time arising and accruing to the State, out of the Lands, Tenements, Houses, and Hereditaments, of or belonging to the Earl of Worcester, Lord Herbert, and Sir John Som'sett, or any of them, situate and being in Action, The Strand, Towerstreete, and Stepney, or elsewhere, in the said Cities of London, Westm. and Liberties, and County of Midd. upon Accompt, for and towards the Payment and Satisfaction of the Debt of Nine Thousand Four Hundred and Two Pounds, and Five Shillings, due and payable by the Parliament to the said Wm. Pennoyer and Richard Hill; and the [ (fn. 5) Receipt of the] said William Pennoyer and Richard Hill, or of their Assigns, shall be a sufficient Discharge to the said respective Committees for Sequestrations, Treasurers, Solicitors, and Collectors, and every of them, for so much as they, or any of them, shall so pay in Pursuance hereof; this Ordinance to continue, and be in Force, during the Pleasure of both Houses of Parliament: Provided, That when the Parliament shall in a general Way put Delinquents Estates to Sale, that the said Wm. Pennoyer and Richard Hill, and their Assigns, shall be satisfied and paid what shall be then remaining due and unpaid of their due Debt aforesaid, out of the said Lands and Premises herein before-mentioned: And to the End the said Debt, and every Part thereof, may be with all possible Speed satisfied and discharged, the said respective Committees, and all other Persons employed and authorized by them, are hereby required and enjoined to dispose, order, and manage, the said Lands and Premises, from Time to Time, to the best Advantage of the State."

Ordinance to explain the One for applying the Excise at South'ton, for Defence of the Town.

"The Lords and Commons in Parliament assembled, having, by Ordinance of the 22th of November, 1643, designed and appointed all such Sums of Money as should come in, by Way of Excise or new Impost, out of the Town of South'ton, and the County thereof, and the Division of Fawley, in the County of South'ton adjoining, unto the Maintenance of the Garrison, and other Services, of the said Town and County thereof; in which Ordinance, there is no Directions to the Commissioners of Excise or new Impost residing in London, as is required by the 11th Article of the Ordinance of Excise, of the 11th of September, 1643: The Lords and Commons do hereby Declare, That they do not, by the said Ordinance of the 22th of November, intend, but that the Sub-commissioners and Receivers of the Excise, in the Town of South'ton aforesaid, shall first, according to the said Ordinance of the 11th of September, make due Accompt with the Commissioners of Excise residing in London: And the Lords and Commons do further Ordain and Authorize the said Commissioners of Excise residing in London, by the Hands of their Sub-commissioners, in the said Town of South'ton and the Division of Fawley, to pay all such Sum and Sums of Money as they have or shall receive by Way of Excise or new Impost as aforesaid, according as is directed and expressed by the said Ordinance of the 22th of November; and every Receipt and Receipts, made in Manner and Form therein exprest, shall from Time to Time be a sufficient Discharge to the said Commissioners of Excise, and their Sub-commissioners, and every of them: Provided, That this Ordinance shall not extend to the Ordinance of Excise for Flesh and Salt, nor to the Ordinance for paying of poor Artificers, or to either of them."

Ordinance for Sale of Old Men of War.

"Whereas there hath been lately taken a Survey of all the Ships and Pinnaces belonging to the Navy Royal of this Kingdom; upon which, there are found certain Ships and Vessels hereafter mentioned, not fit for any Use, Service, Guard, or Defence; yet the same be in Harbour, under the Charge of their Ordinary, to the great Damage and Loss of the State; which the Lords and Commons assembled in Parliament having taken into Consideration, do therefore hereby Order and Ordain, That the Ships The Eighth Whelp, Assurance, Nonesuch, and St. Dennis, with their Masts and Yards (excepting the Main Mast, Main Topmast, Main Yard, and Main Topsail Yard), as also the Ship Adventure, and Fortune Pinck, be with all convenient Speed put to Sale, to the best Advantage and Profit of the State, and the Proceed of the same to be employed for the Use of the Navy; and the Committee of the Navy are hereby required to see the due Execution of this Ordinance, according to the true Intent thereof: And the said Lords and Commons taking likewise into their Consideration the Maintenance of the Strength of the Navy for Defence of this Kingdom, especially in these Times of Distraction, do think fit, and hereby Ordain and Require the said Committee forthwith to take Care for the setting on the Stocks and building of such and so many Ships or Frigates and Lighters as they shall think fit and convenient, in Lieu of the said Ships and Pink so to be sold and disposed of as aforesaid."

Sheriffs for Counties.

"Resolved, by the Lords and Commons in Parliament, That they do hereby nominate and approve of John Fettiplace, of Conallens, in the County of Gloucester, Esquire, to be High Sheriff of the said County; and the Commissioners for the Great Seal of England do give him a Commission accordingly.

"Resolved, &c. That the Houses do nominate and approve of Richard Harlakenden Esquire to be High Sheriff of the County of Essex; and that the Commissioners of the Great Seal of England do give him a Commission accordingly."

"Resolved, &c. That the Houses do nominate and approve of Sir Is'ack Ashley Knight and Baronet, to be High Sheriff of the County of Norff.; and that the Commissioners of the Great Seal of England do give him a Commission accordingly."

Adjourn.

House adjourned till 10^a cras.