Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 10 Septembris.
PRAYERS, by Mr. Case.
Earl of Manchester, Speaker.
Viscount Say & Seale.
Ds. Gray of War.
Order to secure the Goods of the E. of Berks, moved from Ewe Elme, and the Amount of those which are sold to L. Howard of Estc.
Order concerning the Lord Howard, touching the Goods of the Earl of Berks, in Ewe Elme, was read, and approved; (videlicet,)
"Whereas this House did order, the 28th of August last, That no Goods of the Earl of Berksheir's belonging to the House at Ewe Elme Parke, formerly made over to the Lord Howard (amongst other Things) for the securing of a Debt due unto his Lordship, should be removed thence; contrary to which Order, certain Persons have brought some of the said Goods to London, and have sold and conveyed away most Part of the Residue thereof to divers Persons, and unto several Places not certainly known, to the great Prejudice of his Lordship: It is therefore Ordered, by the Lords in Parliament assembled, That the said Lord Howard do, by his Servants and Agents, seize and take into his Custody, as well all the Goods sold and conveyed away from the said House, as those which are yet remaining in the House; and that those Persons who have carried or conveyed, or caused any Goods to be carried and conveyed, away from the said House, give unto his Lordship, or those employed by him, an exact and true Account in Writing of all the Particulars thereof, expressing both how and to whom they have disposed of them; which if they refuse to do, or if the Persons who have received any of the said Goods from them, or any others in whose Hands or Custody any of the Goods now are, shall refuse to deliver them to his Lordship's Use, upon Sight of this Order, without Detriment or Defacing, then the Justices of Peace near unto the Places where any of the said Goods shall be found, or have been imbezzled, are desired to give their best Assistance, for the due Performance of this Order: And all Persons concerned herein, who shall not yield ready Obedience to this Order, are hereby required forthwith to attend this House, to answer their Contempts, and to receive such further Order and Censure as this House shall think fit.
"To all Justices of Peace, Sheriffs, Mayors, Bailiffs, and other Officers; and to every particular Person concerned herein."
Answer from the H. C.
Answer returned from the House of Commons, by Dr. Aylett:
That they do agree to these Orders; (videlicet,)
1. To the Ministers for Oxon. (Here enter it.)
2. To the Deputy Lieutenants for Anglesey.
(Here enter them.)
And to the rest, they will return Answer, by Messengers of their own; videlicet,
Concerning the Great Seal; Six Horses Prince Royal; Committees in Counties; Order Commissioners for Oyer and Terminer Oxon; Marquess of Winton Allowance; Lady Hopton's Petition; and Rectory Mynheade.
Ordinance for Sale of the E. of Worcester's Lands.
The House was adjourned during Pleasure; and the Ordinance concerning Pennoyer and Hill was read, and was taken into Consideration by a Committee of the whole House.
The said Committee brought in this Proviso,
"Provided always, and that this Ordinance or any Thing therein contained, shall not extend to the Sale of the Mansion-house commonly called Worcester House in The Strand, with the Garden and Stables and Out-houses belonging to the said Dwelling-house; any Thing in this Ordinance to the contrary in any Wife notwithstanding."
The House was resumed.
And the Ordinance for the Sale of the Earl of Worcester's Lands, in the County of Midd. was read the Third Time, with the Proviso.
And put to the Question; (videlicet,)
"As many of your Lordships as will have this Ordinance as it is read, with the Proviso, to pass, say "Content"; others, "Not Content"."
Passed in the Affirmative.
Message to the H. C. with the following Ordinances.
A Message was sent to the House of Commons, by Mr. Doctor Heath and Mr. Doctor Aylett:
To desire their Concurrence,
1. In the Ordinance for Half the Excise in the Western Association, with Amendments.
2. For the Moiety of the Excise in the North, with Amendments.
3. An Ordinance for the Sale of the Earl of Worcester's Lands, for Pennoyer and Hill, with a Proviso.
4. Ordinance for Mr. Greenhill, for the Vicarage of Cuckfeild, in Sussex.
Lady Rivers, a Pass.
A Pass was granted, for the Lady Rivers, her Daughter, Servants, and Necessaries, out of France, and up to London.
Message from the H. C. to suspend Serjeant Glanvile's Releasement;
A Message was brought from the House of Commons, by Sir John Clotworthy and others:
1. To desire that the Lords would suspend the Releasement of Serjeant Glanvile for some Time, because they do intend to prosecute their Charge against him; and that the Lords would pass Two Ordinances; videlicet, one concerning the Lady Blaney, the other concerning Mrs. Blaney.
for Harambux to export Horses;
A Pass was granted, for Six Horses, into France, Custom and Impost-free, for Monsieur De Harambux; and to be transported with them.
and with Ordinances.
Ordinance, That Three Hundred Pounds present, and Two Hundred Pounds per Annum, be paid to the Lady Blaney. (Here enter it.)
Ordinance, That Mrs. Mary Blaney shall have at present One Hundred Pounds, and Fifty Pounds per Annum. (Here enter it.)
That the Lords agree to the Ordinances concerning the Lady Blaney and Mrs. Blaney; and to the rest, they will return Answer by Messengers of their own.
Woodroffe to be instituted to Chartham.
Ordered, That Sir Nathaniell Brent Knight, or his lawful Deputy, are hereby authorized and required, upon Sight hereof, to give Institution and Induction unto Thomas Woodroff Clerk, to the Rectory of Chartham, in the County of Kent, salvo Jure cujuscunque; the said Mr. Woodroff producing his Presentation thereunto under the Great Seal of England; and this to be a sufficient Warrant in that Behalf.
L. Savill's Petition, for Leave to come to London, about his Composition, and to attend some Law Suits.
The Petition of the Lord Savile was read, in hæc verba:
"To the Right Honourable the House of Peers.
"The humble Petition of the Lord Viscount Savile;
"That your Petitioner hath many Suits in Law, and Mortgages that lie forfeited; and, by reason of his being restrained from coming to London where the Seats of Justice are, he is disabled to follow his said Suits, and also to speak with those Persons in whose Danger he is, or to preserve himself from very great Ruin and Misfortune.
"That he is also now about his Composition with the Parliament for his Estate, which he is not able for the same Reason effectually to follow; and besides (which enforceth your Petitioner the more to importune your Lordships at this Time), he being settled with his Wife and Family at Radington, it hath pleased God to visit that Place with the Sickness, even the next Door over against his House, so that his Wife is compelled in great Fear to remove to London, whereby your Petitioner is enforced to be at the Charge of keeping Two Houses, being very unable to keep One.
"The Petitioner therefore humbly prayeth your Lordships to take so much charitable Consideration of him, as to give him Leave to remove to London, to his Wife, for the Reasons aforesaid.
"And the Petitioner shall pray, &c.
It was put to the Question, "Whether the Desires in the said Petition should be granted, in hæc verba:
"As many of your Lordships as are of Opinion that the Lord Savile shall have Liberty to come to London, say, "Content"; others to say, "Not Content"."
Passed in the Affirmative.
Halton's Petition, to retain Possession of the Living of Aketon, presented thereto by the Earl of Arundel.
The Petition of James Halton Clerk, touching the Lord Dacres and the Earl of Arundell, and a Presentation to the Rectory of Aketon, in Com. Cumberland, was read, in hæc verba:
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of James Halton Clerk;
"That he is duly, and within the Six Months, presented by the Earl of Arundell to the Church of Aketon, Com. Cumberland, which became void, by the Death of Thomas Head, the last Incumbent, in February, 1644, who was also thereunto presented upon the said Earl's Title, which is justified (as appendent to the Manor of Aketon) by a Possession of Two Hundred Years in him and his Ancestors; and the Petitioner hath, by Order of this Honourable House, received Institution from Mr. Doctor Aylett, authorized in that Behalf: That one Richard Sharpeles, who is beneficed in the same County, did first, upon Pretence the said Earl was sequestered, obtain Order from the Commissioners for the Northern Parts to officiate in the said Church, and receive the Profits thereof: Which Point being cleared, and the Petitioner left to his due Course of Law for settling himself in his Right; now (the said Sharples having without Right these Two Years kept Possession of the said Church) there is a Petition exhibited to your Lordships, in the Name of the Lord Dacre, supposing a Presentation from his Lordship to the said Sharpeles, and intimating his Possession to have been under that Presentation; whereupon the Order annexed is made, "That the said Sharpeles shall continue in Possession of the said Church, notwithstanding the Petitioner's said Institution."
"Now, for that the Petitioner doth humbly conceive it is not your Lordships Intention, by the said Order, to prejudice his Title, nor to give any Possession against the Petitioner to the said Sharples (who never pretended any Presentation from the Lord Dacres until now, nor hath proved any to have been made within Six Months after the Death of the last Incumbent, nor ever had any Institution thereupon nor can indeed have any Title thereby):
"The Petitioner doth humbly pray, that the said Church being in Point of Law full of him the Petitioner, by the Right of his said Presentation and Institution; and the said Lord Dacre, if he had any Right, put to his Action at Law; your Lordships said Order touching the Possession may be discharged; and the Petitioner at Liberty to obtain Induction, which the said Sharples, notwithstanding a Commission by Authority from your Lordships in that Behalf, did oppose by Force: And the Petitioner shall be ready to maintain his Title at Law, and answer any Action that shall be brought by the said Lord Dacre, or his said Clerk, touching the Right of the said Presentation.
"And shall pray, &c."
Halton and Sharples to proceed at Law about it.
Upon reading of the said Petition of James Halton Clerk this Day in the House, concerning his Right to the Parsonage of Aketon, in the County of Cumberland, presented by the Earl of Arundell and Surrey, whereunto Richard Sharpeles Clerk makes Claim, he being presented by the Lord Dacres to the said Parsonage: It is Ordered, &c. That the Parties are hereby left to their ordinary Course at Law, touching the Matter in Difference between them; any former Order of this House in any Wise notwithstanding.
Wright's Ordinance, and the One to continue the Treasurers at War, &c.
The Order for Five Thousand Pounds for Nathan Wright, and that for the Treasurers at War for Six Months, are to be considered of the first To-morrow Morning.
A Letter from the Earl of Worcester, was read, touching his coming up, and referring his Case to the Relation of the Messenger, in hæc verba:
E. Worcester's Letter, desiring he may be allowed some Accommodation for Travelling.
"For the Right Honourable the Speaker of the House of Peers. With my humble Service, These.
"With my humble Service,
"These are humbly to intreat you to acquaint the House of Peers, that I render humble Thanks unto their Lordships, for shewing themselves sensible in sending this Messenger, rather than a Common Constable, to bring me up unto them; which if they had, my Obedience should have been the like, which is, willingly to obey their Lordships Commands punctually: And therefore these are not in any sort to make an Excuse for myself in not being brought (for, if you knew the Case I am in, it would be no wonder that Newgate would be more pleasing unto me), but leave the Reason why I am not brought unto the Messenger's Relation; and when the Messenger cometh again, which I hope for, I petition that there may be by the Lords Warrant (I being plundered both of Coach, Horses, and Litter) for the Transporting of an old lame Person and his Servants, with their Necessaries fitting, as their Lordships shall limit and appoint: In the mean Time I will remain an obedient and true Prisoner, to be disposed of at the Lords Will and Pleasure; and
Ragland, this 5th of September, 1646.
"Your most humble Servant,
Warrant of the Committee at Goldsmiths Hall for paying Monies by Order of the H. C. only.
Michaell Herring and Richard Wareing, Treasurers at Gouldsmiths Hall, was brought to the Bar, and there delivered to the Clerk these Two Orders; videlicet,
"At the Committee of Gouldsmiths Hall, London, 6 Augusti, 1644.
"Ordered, That Mr. Wareing and Mr. Herring, Treasurers of this Committee, shall from henceforth pay no Monies without Order under the Hands of Five of the Members of this Committee, whereof One to be of the House of Commons.
"Clerk to the said Committee.
"At the Committee for compounding with Delinquents, 13 Augusti, 1646.
"In Pursuance of the Orders of the House of Commons, of the 17th and 24th of July, 1646, for the Payment of Two Thousand Pounds, forthwith to be paid, upon Accompt, to Colonel Sanderson's Regiment of Horse, in order to their Disbanding: It is Ordered, That the Treasurers do pay the said Sum of Two Thousand Pounds forthwith, according to the said Order, unto Mr. Scott, a Member of the House; and for so doing, this shall be their Warrant.
"Anthony Irby. John Ashe.
"D. Watkins. Francis Allen."
Committee to prepare Heads for a Conference about it.
Lords Committees appointed to consider and prepare for a Conference with the House of Commons, touching the receiving and assuring out of Monies by the Committee of Gouldsmiths Hall; and to report:
L. Viscount Say & Seale.
Any Three, to meet To-morrow Morning, at Nine; and when after they please.
Treasurers at Goldsmiths Hall to bring in an Accompt of all Monies received and disbursed there.
Ordered, That Michaell Herring and Richard Wareing, Treasurers at Gouldsmiths Hall, London, are dismissed their farther Attendance on this House until Thursday next; at which Time they are to bring in their whole Accompt, what Sums of Monies they have received and disbursed, and to whom, since their First Employment as Treasurers to the said Committee; and herein they may not fail.
L. Howard of Charl. a Pass.
A Pass was granted for the Lord Howard of Charlton, to go into the Country, and to continue there Two Months, taking Six Servants, a Coach and Horses, and Saddle-Horses, with Necessaries; and to return.
E. of Northumb. to export Dogs.
A Pass was granted for the Earl of Northumberland, to transport some Hounds, with a Man, into France.
Beecher to be instituted to Cuddesdon.
Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto William Beecher Clerk, to the Vicarage of Cuddesdon, in Com. Oxon, salvo Jure cujuscunque; the said Mr. Beecher producing his Presentation thereunto under the Great Seal of England; And this to be a sufficient Warrant.
Arthington to be instituted to Market Lavington.
Ordered, &c. That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight hereof, to give Institution and Induction unto Thomas Arthington Clerk, to the Vicarage of Markett Lavington, in Com. Wilts, salvo Jure cujuscunque; the said Mr. Arthington producing his Presentation thereunto under the Great Seal of England: And this to be a sufficient Authority in that Behalf.
Order for 300 l. present; and 200 l per Ann. for Lady Blaney, out of her Husband's Arrears.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Hundred Pounds be forthwith allowed and paid unto the Lady Jane Blaney for her present Subsistence, and Two Hundred Pounds per Annum for her future Maintenance, to continue during the Pleasure of the Houses, to be deducted out of the Arrears due to her Husband for his Entertainment; and that this Three Hundred Pounds, and Two Hundred Pounds per Annum be paid unto the said Lady Blaney, or her Assigns, out of the Sequestration of the Estate of the Lord Brudnell; and the several and respective Sequestrators, in the Counties of Northampton and Leicester, where Part of the Estate lies, are hereby required to make due Payment of the said Three Hundred Pounds, and Two Hundred Pounds per Annum; and that an Acquittance under the Hand of the said Lady Blaney, or her Assigns, shall be from Time to Time a sufficient Discharge to the said respective Sequestrators for the Payment thereof accordingly."
Order for 100l. present, and 50l per Ann. to Miss Blaney.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be allowed and paid unto Mary Blaney, Daughter of the Right Honourable Edward Lord Blaney of Monaghan, for her present Maintenance, and Fifty Pounds per Annum for her future Maintenance, until the Houses take further Order; and that this One Hundred Pounds for her present Subsistence, and the Fifty Pounds per Annum for her future Maintenance, be allowed and paid out of the Sequestration of the Estate of the Lady Dutchess of Buckingham in Rutlandsheir; and the Sequestrators of the said Estate are hereby required to make due and orderly Payment, as well of the said Hundred Pounds as of the said Fifty Pounds per Annum; and that an Acquittance under the Hand of the said Mary Blaney, or her Assigns, shall from Time to Time be a sufficient Discharge to the said Sequestrators for the Payment thereof accordingly."
Order for Harris & al. to go as Preachers to Oxford.
"Ordered, by the Lords and Commons assembled in Parliament, That these Seven Preachers be forthwith sent to Oxford, if they be willing; that is to say, Mr. Harris of Hanwell, Mr. Reynolds, Mr. Wilkinson, Mr. Cheynell, Mr. Corbett, Mr. Cornish, and Mr. Langley; and that they may have Power to preach in any Church in Oxford; and that the Combinations of the University be respited, that it may be left to them to preach when and where they may think to make most for Edification; and that they repair thither with all convenient Speed."
Deputy Lieutenants for Anglesey.
"Ordered, by the Lords and Commons in Parliament assembled, That Thomas Buckly, Thomas Glynn, Hugh Owen, Owen Wood, William Bould, Peirce Lloyd, and Henry Owen, Esquires, are hereby authorized and appointed Deputy Lieutenants for Anglesey."
Adjourn, 10a To-morrow Morning.