House of Lords Journal Volume 8: 21 November 1646

DIE Saturni, 21 die Novembris.

PRAYERS, by Mr. Gibb.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

L. Stourton tenders himself.

The Speaker acquainted the House, "That the Lord Stourton hath been with him since his coming to Town, to render himself to the Pleasure of the Parliament."

Boilston and Stitch, about the Rectory of Weston.

Upon reading the Answer of Thomas Boilston, Clerk: It is Ordered, That this House will confirm the Order of this House, made for giving Boilston Institution and Induction to the Church of Weston, in the County of Derby, unless Thomas Stitch do shew Cause to the contrary on Thursday next, and make it appear to this House that he is not a Convict Recusant.

Ordinance to be brought in, for making Powder, on Worsley's Petition.

Upon reading the Petition of Benjamin Worsley, and also a Certificate from the Aldermen of the City of London, concerning the making of Gunpowder.

(Here enter them.)

It is Ordered, That an Ordinance to this Purpose be brought into this House; and when it is passed, to send the same to the House of Commons.

Paper from the Spanish Ambassador.

Next, was read a Paper from the Spanish Ambassador, concerning the Fifty Thousand Pounds borrowed of Spanish Merchants, by the Parliament, upon the Public Faith. (Here enter it.)

Ordered, To be committed to the Committee for Foreign Affairs.

Hall to be instituted to Stoke Ash.

Ordered, That Doctor Heath shall give Institution and Induction to Oliver Hall Clerk, Master of Arts, to the Rectory of Stoke Ash, in the County of Suff. void by the Resignation of Robert Clerke the late Incumbent; the said Mr. Hall producing his Presentation thereunto under the Hand and Seal of Rob't Willes the lawful Patron thereof (pro hác vice): And this with a Salvo Jure cujuscunque; he first taking the solemn League and Covenant.

Ministers to take the Covenant before their Institution.

Ordered, That no Ministers shall be inducted and instituted to any Livings before they have first taken the Covenant.

Howard, a Pass to come Home, and return to Holland.

Ordered, That Mr. Thomas Howard shall have a Pass, with Four Servants, to come into England, and stay here Two Months from his Arrival, and afterwards to go (fn. 1) to his Charge in Holland again; and the Concurrence of the House of Commons to be desired herein.

Willan to be instituted to Hoxne,

Ordered, That Doctor Aylett shall give Institution and Induction to Edward Willan Clerk, to the Rectory of Hoxne, in the County of Suff. void by the Resignation of Oliver Hall Clerk, the late Incumbent; the said Mr. Willan producing his Presentation thereunto under the Hand and Seal of Tho. Oliver the Patron: And this with a salvo Jure cujuscunque: Provided, That the (fn. 1) said Mr. Willan do first take the solemn League and Covenant.

and Constable to Allhallows in Huntingdon.

Ordered, That Doctor Aylett do give Institution and Induction to Steven Constable Clerk, Master of Arts, to the Rectory of Allhallowes and St. John's, in the Town of Huntingdon, in Com. Huntingdon, now void; the said Mr. Constable producing his Presentation thereunto under the Great Seal of England; the said Steven Constable first taking the National League and Covenant: And this with a salvo Jure cujuscunque.

Ordinance for Banks to be Rector of Ivy Church.

Upon reading the Petition of John Banks Minister; shewing, "That the Rectory of Ivy Church, in the County of Kent (formerly in the Patronage of the Bishop of (fn. 2) ), is now void, by the Death of the late Incumbent, Thomas Jackson Doctor in Divinity; and the Petitioner hath a Certificate from some of the Assembly of Divines, of his Abilities for the Work of the Ministry."

Hereupon this House Ordered, That an Ordinance for the presenting him to the said Rectory shall be brought into this House.

Langham & al. and Lymbrey & al.

This Day being appointed for the Judges to deliver their Opinions, "Whether the Case between Alderman Langham, &c. and Captain Lymbery and others, as it was opened at this Bar, be within the Statute of 4 H. IV. or no?"

And Mr. Baron Trevor made this Report following, as the unanimous Opinion of the Judges; videlicet,

"We are of Opinion, That this Case, as it hath been opened at the Bar before your Lordships, as touching the Judgement in the King's Bench, is within the Statute of 4 H. IV.; the which is all (as we conceive) that is referred to us upon that Statute in this Case."

And the Question being put, "Whether to defer the Consideration of this concerning the Statute of 4 H. IV, till Tuesday Morning next, or no?"

And it was Resolved in the Affirmative.

Trelawny and his Creditors.

Ordered, That Trelawny and his Creditors shall be heard on Monday Morning next.

Mrs. Rous and Fitchett.

Upon reading the Petition of Eliz. Rous, against Mr. Fitchett, who hath the Protection of this House: It is Ordered, That the said Mr. Fitchett shall have a Copy of the Petition, and return his Answer to this House on Thursday next:

Jennings and Gery.

Ordered, Upon the reading of the Petition of Thomas Jennyns, That Mr. Gery shall have a Copy of the Petition, and shew Cause unto this House on Tuesday next why the Petition should not be granted.

Plowden, a Pass to France.

Ordered, That Mr. Plowden shall have a Pass, with his Two Servants, to go into France, and return again into England.

Worsley's Petition, for a Patent for making Salt-petre.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of Benjamin Worsley;

"Humbly sheweth,

"That your Petitioner, considering the great Use and Necessity of Salt-petre, with the Encouragements lately given thereunto in some Ordinance of Parliament, hath at length, by certain Experiments, found out a Way of making the same without any Burthen at all to the Subject, either in pressing their Carts and Servants, digging up of Houses, Cellars, or Stables, or the least incroaching upon the Liberties and Privileges of any; it tending only to the better Improvement of some Materials, and Employment of divers Poor in this Kingdom.

"In Consideration whereof, and that your Petitioner desireth not by it to debar the importing of Salt-petre from any Foreign Part, or to hinder those that make it after the common Way now used;

"May it therefore please this Honourable Court to grant your Petitioner Letters Patents for the same, according to former Precedents, and the Tenor of an Act of Parliament.

"And your Petitioner shall ever pray, &c.

"Benjamin Worsley.

Certificate from the Committee of Aldermen about it.

"Martis, 7 Die Aprilis, 1646, Annoque Regis Caroli, Angl. &c. Vicesimo Secundo.

"This Day Sir John Wollaston Knight and Alderman, Sir John Gaire Knight and Alderman, Mr. Sheriff Foote Alderman, and Mr. Alderman Witham, Committees formerly appointed to consider of the Propositions presented by Benjamin Worsley Gentleman, touching the making of Salt-petre, did deliver into this Court a Report in Writing, under their Hands, how they find the same, and their Opinions; the Tenor whereof is as followeth; (videlicet,)

"To the Right Honourable Thomas Adams Lord Mayor of the City of Lond. and to his Right Worshipful Brethren of the same.

"According to an Order of this Honourable Court of the 17th of February last, we, whose Names are hereunder written, do humbly certify, That we have met together, and taken into Consideration the Propositions presented by Benjamin Worsley Gentleman, in in the said Order named, in the Behalf of the Kingdom, concerning the making of Salt-petre, and of his Motions to the City touching the same: We have likewise demanded of the same Mr. Worsely many Particulars about the said Subject; and from his Answers have received so much Satisfaction, as seemeth probable to us, of his Ability to make (after a Year or Two) some Quantity of Salt-petre, without digging up of Houses or Cellars: His Contrivement we also conceive, in several respects, greatly to tend to the Public Good, and in special to the Interest of this City, without discerning his Way can be prejudicial (in the least) unto any; he being neither desirous to debar any to import the said Commodities, and to make it after the Way it is now used; but rather beneficial to all, both in general to the Subject, by removing divers Annoyances and Inconveniencies they now suffer under, and in particular to poor People, many of whom he will thereby set on Work and employ.

"Nevertheless, we leave the further Consideration hereof to this Honourable Court.

"This 7th of April, 1646.

"John Wollastone.

"John Gayer.

"Thomas Foote.

"George Wytham.

"The which Report being here openly read, was allowed of, and ordered to be entered into the Repertory.

"Michel."

Paper from the Spanith Ambassader, about the Repayment of 50,000l. borrowed, for the Public Use, of Spanish Merchants, Part of the Cargo of The Sancta Clara.

"To the Right Honourable Lords and Commons in Parliament assembled.

"Don Alonso De Cardenas, of the Council of His Catholic Majesty, and His Ambassador in this Kingdom, doth represent to your Honours, That, having received particular strict Orders from the King his Master, to demand of the Parliament, that forthwith Command may be given to pay the Fifty Thousand Pounds Sterling, and the Interest thereof, which your Honours do retain, assured upon the Public Faith of this Kingdom to the Spanish Merchants, who have delivered the annexed Petition unto his Lordship; and in regard his Lordship extremely desireth that a good Correspondence may be preserved, and that the King his Master may see the Parliament's reciprocal Intentions to comply therewith, specially in a Business so plain and without any Difficulty; his Lordship hopeth your Honours will be pleased to order it accordingly, being your Honours noble Promise by your Orders which were made in this Business; and (fn. 3) so his Lordship most earnestly doth demand it, in the Name of the King his Master.

11 Novembris, 1646.

"Per Mandam't de sie Ex'cia.

"Fard. Bernardi,

"Ag't de la Amb'd."

Petition from the Spanith Merchants to him about it.

"To His Excellency Don Alonso De Cardenas, of the Council of His Catholic Majesty, and His Ambassador in England.

"The humble Petition of Ignatis De Landajuola, Marcos De Larrumbide, and Alonso De Trada, Spaniards, for themselves and in the Behalf of their Friends, by virtue of their Procurations, interessed in the Lading of the Ship St. Clara, Benedick Stafford Master, which came from the Island of S'to Domingo;

"Sheweth,

"That, in the Month of August, in the Year 1642, was unladen in the Port of Southampton the Lading of the said Ship, consisting of Cochineal, Tobacco, Hides, and other Commodities, to the Value of above Seventy Thousand Pounds, besides Thirty Thousand Pounds in Silver proceeding of your Petitioners Goods and Merchandizes; from whence it was brought, by the Parliament's Order, to this City of London, who took into their Possession the said Thirty Thousand Pounds in Silver, and caused your Petitioners to pay Twenty Thousand Pounds more upon their Goods, with Assurance of the Public Faith that the same should be re-paid unto your Petitioners: That your Petitioners, having solicited Re-payment thereof with little Hope, have been constrained most humbly to address themselves to His Catholic Majesty their Sovereign and Master, and represent unto His said Majesty the great Damage they sustain by the Delay in delivering the said Monies unto your Petitioners, and the Misery in which through that Means they are reduced; whereupon His Majesty was graciously pleased to refer the Business to His Royal Council of The Indies, where the whole Proceedings and Circumstances of the Business was examined; and thereupon were granted these His said Majesty's Orders, which your Petitioners present unto his Excellency.

"Therefore your Petitioners most humbly beseech your Excellency, that, in Execution of the same, you would be pleased to assist them, and procure the Parliament to command that forthwith full and entire Satisfaction be given your Petitioners, of Fifty Thousand Pounds Sterling, with Interest.

"And your Petitioners, as in Duty bound, shall pray."

Perused and allowed by us,

T. Lyncolne.

E. Manchester.

Adjourn.

House adjourned till 10^a cras.