Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 25 die Martii, 1647.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Hereford.
Sir J. Lenthall, Keeper of the King's Bench, sent for, for not releasing Captain Erlysman.
Upon reading the Petition of Captain John Erlysman, Prisoner in the King's Bench; shewing, "That he had an Order of this House, the 5th of March, That, the Petitioner assigning to his Creditors such Sums of Money as were really due to either of them, out of such Arrears as were due to the Petitioner, he was then to be discharged and freed out of Prison; which accordingly he hath performed: Yet the Petitioner's Creditors, in wilful Contempt of the said Order, refuse to release him; as also Sir John Lenthall Knight, and Marshal of the King's Bench, pretends that the Order of this House is not a sufficient Warrant to discharge him in Law:"
It is Ordered, That Sir John Lenthall shall be summoned to appear before this House, to shew Cause why he doth not obey the said Order of this House.
Sir T. Windebank's Composition.
Upon reading the Petition of Sir Thomas Windebank: (Here enter it.)
It is Ordered, That the Clerk of the Commissioners at Gouldsmithes Hall (fn. 1) do certify to this House, the Grounds upon which they refuse to admit him to his Composition for his Delinquency.
Committee to attend the Prince Elector.
A Letter from the Prince Elector, was read.
(Here enter it.)
And Ordered, That these Lords following are appointed to go to the Prince Elector, to receive what his Highness shall please to communicate to them, and report the same to this House; and that the House of Commons be sent to, to nominate a Committee of a proportionable Number, to join with their Lordships herein:
Any Three, to go To-morrow in the Afternoon, at Five of the Clock.
Palmer to have a Certificate from the Assembly.
Ordered, That there be a new Certificate from the Assembly of Divines, for Thomas Palmer Clerk, before the Ordinance concerning him be sent down to the House of Commons.
Johnson's Ordinance to be Minister of Baynton.
The Ordinance for making Rob't Johnson Minister of Baynton, in Yorkeshire, was read the Third Time, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence.
Nelthrop to be Steward of the Manor of Baron and Barrow.
The Earl of Sarum reported a Paper from the Committee for the Revenue; which (fn. 2) was read, as followeth:
"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm. the 18th of March, 1646.
"Upon the Motion and Desire of Mr. John Nelthrop a Member of the House of Commons, That he might be appointed Steward of the Manor of Barton and Barrow, in the County of Lyncolne, in the room of John Broxholme Esquire, deceased: It is this Day Ordered, and it is the Opinion of this Committee, That Mr. John Nelthrope is a fit Man to execute the Office of Steward of the Manor of Barton and Barrow aforesaid; and do hereby recommend him to the Houses, to be Steward of the said Manor: And we desire the Earl of Salisbury to report this our Opinion and Recommendation accordingly unto the House of Peers.
Ordered, That this House approves of this Report; and that it be sent to the House of Commons, for their Concurrence, that Mr. John Nelthrope be Steward of the Manor of Barton and Barrow, as is desired.
Message from the H. C. to adjourn Two Days in a Week.
A Message was brought from the House of Commons, by Sir Wm. Lewis Knight, &c.
To let their Lordships know, that the House of Commons have resolved to adjourn for Two Days in a Week; videlicet, from Fridays to Tuesdays.
Message to them, for Committees to attend the Prince Elector, to receive Information from him.
A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Sir Edward Leech:
To communicate to them the Prince Elector's Letter; and to acquaint them, that this House hath thought fit to nominate a Committee of Seven Lords, to go Tomorrow in the Afternoon, at Five of the Clock, to the Prince Elector, to receive from his Highness what he shall please to communicate to them by Way of Information, and to report the same to this House; and to desire, if they shall think fit, to appoint a Committee of a proportionable Number of their House, to join with the Committee of Lords.
Ordinance to reduce the Interest of Money.
The House was adjourned into a Committee of the whole House, to consider of the Ordinance concerning reducing Interest of Money to Six Pounds per Cent.
The House was resumed.
And the Question being put, "Whether this Ordinance shall be re-committed?"
It was Resolved in the Negative.
Then the said Ordinance was read the Third Time.
And the Question being put, "Whether to agree to this Ordinance now read?"
It was Resolved in the Negative.
Answer from the H. C.
Mr. Serjeant Fynch and Sir Edward Leech return with this Answer from the House of Commons:
That they agree to send a proportionable Number of their House, with the Committee of Lords, to the Prince Elector, To-morrow, at the Time appointed.
Ld. Hereford's Losses to be considered.
The Petition of Walter Viscount Hereford, was read.
(Here enter it.)
And Ordered, That it be sent to the House of Commons, with effectual Recommendations, that some speedy Course may be taken for the Reparations of his Lordship's great Losses; he having been faithful to the Parliament.
Custody of the King's Parks and Houses.
Ordered, That the Business concerning the Keeping of Parks shall be taken into Consideration To-morrow Morning.
Message to the H. C. with L. Hereford's Petition, and about the following Particulars.
A Message was sent to the House of Commons, by Sir Edw. Leech, &c.
To deliver to them the Petition of the Lord Viscount Hereford, with the Sense of the House thereupon.
2. To deliver to them the Report concerning Mr. Ne'throp, and desire their Concurrence therein.
3. To deliver to them the Petition of Wm. Ihaines, with Recommendations, that some Course may be taken for his Relief.
4. To desire their Concurrence in the Ordinance for settling Two Ministers in Bath.
Ld. Hereford's Petition, for a Reparation for his Losses sustained in this War.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of Walter Lord Viscount Hereford;
"That your Petitioner's Habitation and most of his Estate lie in Worcestersheir; and at the First of these general and great Troubles of this Kingdom, he, manifesting his Affections and Endeavours for you, was by the malignant Party there prevailing, on a sudden, for Four Years since, driven to desert all, and to shelter in Bristoll, in your Quarters, until that unhappy Surrender to the malignant Forces, when your Petitioner, with great Difficulty and Danger in his Person, in a very low and afflicted Condition, escaped; but was still deprived of his whole Estate, possessed and sequestered until the late Yielding of Worcester by those Forces, who (in Malice to your Petitioner, his Family and Allies, your affectionate Servants) resolved to ruin him and his Estate; and thereupon burning the Two only Dwelling-houses of your Petitioner, with the Furniture and Household Stuff therein, to Twenty Thousand Pounds Value, and thereby, and by their unjust Wresting and Taking the Rents and Profits of your Petitioner's Lands and Estate, of Two Thousand Five Hundred Pounds per Annum, for Four Years, he is endamaged to Thirty Thousand Pounds, and become much indebted, and of a low Estate to support his Honour by God's Hand lately placed in him; and is disabled for raising Portions for his Three Younger Sons yet unprovided: All which Prejudices have accrued, by the said unjust Courses of the said malignant Party, for your Petitioner's Fidelity to you.
"May you be pleased, by Consideration of your Petitioner's said Losses by Means aforesaid, and that your Petitioner during the said Troubles did dispose Two of his Sons into Arms for and in your Service, to order Allowance and Relief for the said Losses and Damages, out of the Estate of Sir William Russell Baronet, Sir John Packington Baronet, Mr. Townsell, and Mr. Wylde, and by such other Ways and Means as to your Wisdoms shall seem fitting, that his Honour may be supported, his said Losses so generally known repaired, his Debts grown by Occasions aforesaid satisfied, his Three Younger Sons in some Measure provided for.
"And your Petitioner shall pray, &c.
Sir T. Windebank's Petition, to be admitted to compound for his Delinquency.
"To the Most Honourable the House of Lords assembled in Parliament.
"The humble Petition of Sir Thomas Windebanke, &c.
"That your Petitioner, being included in the Articles for the Surrender of Oxford, did above Seven Months since petition the Committee of Gouldsmiths Hall to compound for his Estate, according to the said Articles, and was thereunto accordingly admitted; which he hath to his great Charge prosecuted, to the utmost Effects he could.
"That your Petitioner's Estate was truly and fully entailed and settled upon your Petitioner, by his late Father, in the Year 1641; and that neither before nor since there was any Charge drawn up, or Order of Impeachment or Proclamation, against your Petitioner's said Father, for any Offence by him committed, or pretended to be committed, against the Parliament or Laws of the Kingdom.
"That the said Committee ordered your Petitioner to make the Premises appear before a Sub-committee of their own Number, which he accordingly did, by producing the Deed of the said Entail, and by Affidavit, upon exact and diligent Search of the Records of both Houses of Parliament: Nevertheless the said Committee, upon 11 March last past, refused to proceed any farther with your Petitioner upon the Composition, till the Pleasure of both Houses might herein be known.
"Now, the Premises considered; and for that all others within those Articles enjoy the Benefit thereof; and that your Petitioner hath testified his good Affections to the Parliament and their Proceedings, by taking the Covenant and Negative Oath, though by the said Articles he is at Liberty in that Particular;
"He humbly prayeth your Lordships Consideration hereof, and Order to the said Committee for their setting a Fine upon your Petitioner according to the said Articles; and that the Concurrence of the Honourable House of Commons may be desired herein; whereby your Petitioner, his Wife, and Family, may be preserved from utter Ruin and Destruction.
"And your Petitioner shall ever pray, &c.
Letter from the P. Elector, desiring a Committee may attend him, to receive Information of some Transactions in Germany.
"Having received certain Advertisements, from my Servants employed at the General Treaty at Munster and Osnabruck, of great Importance to the Public Interest of the Reformed Protestant Religion, and to that Cause which the Parliament hath ever been so much concerned in; I earnestly desire the House would be pleased to appoint a Committee, whom I may acquaint with the Particulars of that Business, and who may advise upon it; to the End that upon their Report the House may take the same into their Consideration, as in their Wisdoms they shall think fit; which I beseech your Lordship to represent unto them upon the First fitting Opportunity. And so I rest
Whitehall, this 24th of March, 1647.
Friend to serve you,
"To my Lord of Manchester, Speaker of the House of Peers."
House adjourned till 10a cras.