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 Martis, 17 die Novembris.
Prayers, by Mr. Taylor.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Viscount Say & S.
Comes (fn. 1) Middlesex.
Bodvell & Ux. about their Children.
Ordered, That Mr. Bodvell shall shew Cause to this House To-morrow Morning, why his Three Children shall not be put into the Custody of Sir Wm. Russell the Grandfather, for their Education.
E. of Ancram's Protection continued.
Ordered, That the Earl of Ancram shall have his Protection further enlarged, for Six Months longer from the Expiration of the last Six Months, which ends the 2d of December next ensuing.
Col. Ridgley and Atkins.
Upon reading the Petition of Captain Adkins; desiring, "That Colonel Ridgley may not be released by the Habeas Corpus granted by this House, before he hath given him some Satisfaction for his Debt."
It is Ordered, To be referred to the Earls of Kent, Denbigh, and Lyncolne, to compromise and see what Satisfaction Ridgley can propound to give the Petitioner, and to end the Difference between them, or to report the same to this House.
Dr. Ellis to be instituted to Dolgelly;
Ordered, &c. That Doctor Aylett may institute and induct John Ellis Doctor of Divinity, to the Rectory of Dolgelle, in the County of Merioneth, void by Death of the last Incumbent; he being thereunto presented by the Lords Commissioners, under the Great Seal.
Webb to Ockburne;
The like for Bartholmew Webb Master of Arts, to the Vicarage of Ockborne, in the County of Wilts, void by the Death of the last Incumbent; being thereunto presented under the Great Seal (pro bâc vice), in respect of the Sequestration of the Deanery and Chapter of Windsor.
Cawthorn to Tansor;
Ordered, &c. That Doctor Heath may institute and induct Edward Cawthorne Master of Arts, to the Rectory of Tansor, in the County of North'ton, void by Resignation; being thereunto presented under the Great Seal (pro bâc vice), by reason of the Sequestration of the Deanery and Chapter of Lincolne.
and White to Harbledown.
Ordered, &c. That Doctor Heath may institute and induct Charles White Master of Arts, to the Rectory of Harbledowne, in the County of Kent, void by Death of the former Incumbent; being presented under the Great Seal (pro bâc vice), by reason of the Sequestration of the Deanery and Chaper of Canterbury.
Message from H. C. for a Conference on the Ordinance for Sale of Bishops Lands.
A Message from the House of Commons, by Sir Rob't Pye, for a Free Conference, touching the last Conference concerning the Sale of Bishops Lands.
It was agreed unto, to be presently, in the Painted Chamber.
And the Answer was returned accordingly.
L. Stanhope and Witheringe.
A Petition of Charles Lord Stanhope, read; and Ordered, That a Copy of it be shewed to Witherings the other Party; and to be heard, on both Sides, on Tuesday Sevennight after this Term; at which Time the Judges to be present. (Here enter it.)
Certificate about Waters and Symonds, Ministers for South-Wales.
A Certificate brought from the Assembly of Divines, brought by Doctor Smith, touching their Opinion of Mr. Henry Walter and Mr. Richard Symonds, to be Ministers in South-Wales itinerantly; but they can give no Opinion of them, because they are in South-Wales.
Mills and Grove.
Ordered, upon the Hearing of the Counsel between Mills and Grove: It is Ordered, That the Cause shall be dismissed this House.
Costs in Appeals to this House.
Ordered, That this House shall take into Consideration, whether there hath been formerly Costs given by this House in Cases of this Nature; and Precedents to be searched out against Friday Morning next.
Ordinance for Symonds & al. to be Ministers in S. Wales.
Next, the Ordinance for sending Mr. Ric'd Symonds, Henry Walter, and Walter Cradock, Ministers into SouthWales, itinerantly, was read the Third Time.
(Here enter it.)
And it being put the Question, "Whether to agree with the House of Commons in this Ordinance?"
And it was Resolved in the Affirmative.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they have considered of the Business concerning the Duke of Yorke, and they do agree in it: As touching the Business concerning the Duke of Bucks, and the Ordinance concerning the Exchequer of Chester, they have taken them them into Consideration.
The House was adjourned during Pleasure; and the Lords went to the Conference with the House of Commons.
The House was resumed.
Report of the Conference on the Ordinance for Sale of Bishops Lands.
The Speaker reported the Effect of this Conference with the House of Commons; which was of Two Parts:
"1. As concerning the Rate for the Purchase of the Bishops Lands to be altered, and brought from Ten to Eight Years Purchase; they say, The Bishops Demesne Lands are now letten at a low Rate, and they have great Addition to them to invite Purchasers, as Houses and Woods; therefore are to be rated at a higher Rate than the other Lands, as being the best and fairest Security: And that the House of Commons are of Opinion, if their Lordships and the Members of the House of Commons would be Purchasers of some of the Bishops Lands, it would be an Honour and Credit to the Sale; and if their Lordships and the House of Commons should pull down the Rate to Eight Years Purchase, it would be thought it were done of Purpose that they might have the easier Bargain: Therefore the House of Commons adhere to the Rate of Ten Years Purchase, as it came up in the Instructions.
"2. They have taken into Consideration the Salary for Alderman Foukes; and they have passed an Order for the Increase of his Salary to Three Hundred Pounds per Annum more, wherein they desire their Lordships Concurrence." (Here enter it.)
The said Order was read, and Agreed to.
Ordered, That this House agrees with the House of Commons, that the Rate for Ten Years Purchase for the Lands shall stand, as it came from the House of Commons first in the Instructions. (Here enter it.)
The Lords went again into the Painted Chamber, to let them know, "That this House, being willing to further and expedite the Business, do agree to Ten Years Purchase for the Bishops Lands; and that their Lordships do agree to the Order concerning Alderman Foukes."
Message to the H. C. about the March, of Winton's Petition.
A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:
To put them in Mind of the Lady Marq. of Winton's Petition.
E. of Arundel, a Pass to come Home.
Ordered, That the Earl of Arrundell shall have a Pass, with Twelve Servants, to come from beyond the Seas into England.
Ordinance for better Observation of the Fast.
The Earl of Warwicke reported, "That the Committee hath met, and considered of the Ordinance for the better Observation of the Fast-day, and think it fit to pass with a small Alteration."
And the said Amendment was read; and afterwards the said Ordinance, with the Amendment, was read, and approved of; and Ordered to be sent to the House of Commons, for their Concurrence therein.
L. Stanhope versus Withering, about the Postoffice.
"To the Right Honourable the Lords now assembled in the High Court of Parliament.
"The humble Petition of Charles Lord Stanhope, Baron of Harington;
"That your Petitioner, by Colour of a Grant obtained of King James by one Mathew Dequester, of what was then in Grant, under a Patent, of the Postmaster's Place to your Petitioner, so certified to His late Majesty to be upon a Reference by His Majesty to His then Majesty's Counsel at Law, and so appeared upon Trial at Law, wherein a Verdict passed for your Petitioner's Right: All which notwithstanding, and a Report of a Committee in Parliament in the Fourth Year of His now Majesty's Reign for your Petitioner; your Petitioner, by the oppressive Power of the Council Table, was not permitted to enjoy the same, but your Petitioner's Deputy for exercising of the same imprisoned.
"That Dequester, 7° Car. assigned such his illegal Patent to one Thomas Witherings, who not only protected himself in it by the aforesaid oppressive Power, upon a Pretence of a Service to His Majesty, and upon a Contract with the then Secretaries of Estate, but procured to himself and others a like new Grant as that of Dequester's; and by his Solicitation, and in further manifest Oppression of your Petitioner, to destroy your Petitioner's Grant, and affirm that procured to himself, prevailed to have your Petitioner commanded to attend the Council Table, to bring thither his Patent; and there, before he was suffered to depart, to subscribe somewhat there penned upon your Petitioner's Patent by the Lord Keeper Coventry, which, whatever the same was, was there enforced by that Power, and is since endeavoured to be made Use of to destroy the Petitioner's Patent and Right.
"Against which high Oppression that your Petitioner may (according to Justice) be relieved against the said Thomas Whitheringe and his Assigns, and he and they to answer the Premises, and that Right may be done your Petitioner, that he may have and enjoy the Benefit of the said Patent, is the humble Suit of your Petitioner.
"And for which he shall pray, &c."
Ordinance for Symonds, Waters, and Cradock, to go as Ministers into South-Wales.
"Whereas there is great Scarcity of Preaching Ministers in the Welsh Tongue through the several Counties of South-Wales: The Lords and Commons assembled in Parliament, taking the same into their Consideration, do Order and Ordain, and be it Ordered and Ordained, That Richard Symonds, Henry Walter, and Walter Cradocke, Ministers, shall preach itinerantly in the several Counties of SouthWales, and shall be allowed Three Hundred Pounds per Annum out of the Rents and Revenues of the Deans, Deans and Chapters, and Prebends of St. David's and Landaffe; and that William Herbert, William Jones, Esquires, Roger Williams Gentleman, Bussy Mansell, John Herbert, Phillip Jones, Edward Rumsey, and Edward Games, Esquires, or any Three of them, shall sequester into their Hands the Rents and Revenues belonging to the said Deans, Deans and Chapters, and Prebends, of St. David's and Landaff; and that, out of the said Rents and Revenues, the said William Herbert, William Jones, Roger Williams, Bussy Mansell, John Herbert, Phillip Jones, Edward Rumsey, and Edward Games, or any Three of them, do pay unto the said Richard Symonds, Henry Walter, and Walter Cradocke, and every of them, the Yearly Sum of One Hundred Pounds, at Two Times or Days in the Year; that is to say, the 29th of September and the 25th of March, to begin from the 29th of September, 1645.
"And it is further Ordered and Ordained, That the said William Herbert. William Jones, Roger Williams, Bussy Mansell, John Herbert, Phillip Jones, Edward Rumsey, and Edward Games, for the better Execution of this Ordinance, shall constitute and appoint such Treasurers, Collectors, and Officers, as they shall think requisite; and the Charge to be allowed out of the said sequestered Estates; and they, or any Three of them, have Power to send for and examine all Persons concerned in the Premises: All which shall be done and proceeded in according to the Ordinances of Sequestrations of Delinquents and Papists Estates.
"And the said William Herbert, William Jones, Roger Williams, Bussy Mansell, John Herbert, Phillip Jones, Edward Rumsey, and Edward Games, are hereby authorized and required to see, from Time to Time, the same duly performed; for which, this present Ordinance shall be to them, and every of them, a sufficient Discharge, which is to continue until the House shall take further Order herein; and in case there shall be any Overplus, then the same is to be disposed of as both Houses of Parliament shall order and direct."
House adjourned till 10a cras.