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 Martis, 25 die Maii.
L. Deincourt versus Sir J. Curzon.
Stapleton and Ly. Boynton.
L. Harrowden versus Mansell and Morrison, for putting Knighton, &c. in Possession illegally.
Upon reading the Petition of Edward Vaux Lord Harrowden; complaining, "That he hath been put out of his Possession out of a Pasture Ground, by a forcible Entry by John Mansell and Charles Morrison, Justices of the Peace for the County of North'ton; and put Robert Knighton and Ralph Freeman into the Possession (without Enquiry by Jury), contrary to the Laws and Statutes of the Land:"
Order about the Captives at Algiers.
Sir J. Danvers's Ordinance.
The Ordinance concerning Sir John Danvers, was reported from the Committee, by the Earl of Kent, as fit to pass as it came from the House of Commons; and it being read the Third Time, it was Agreed to.
Langham and Lymbery.
Ordered, That it be referred to the Judges, to consider of the Case between Alderman Langham, &c. and Captain Lymbery, &c. as it was argued at this Bar; and to report their Opinions to this House, this Day Fortnight, "Whether the Case so stated be within the Stat. of 4 H. IV. or not?"
Clerk to attend about the E. of Denbigh's Business.
Ordered, That Clarke shall attend this House on Thursday Morning, at Nine a (fn. 1) Clock, concerning the Earl of Denbigh's Business.
Message from the H. C. to sit P. M.
To let their Lordships know, that the House of Commons, upon some important Business, hath Resolved to sit this Afternoon; and desire their Lordships would be pleased to fit likewise, if it may stand with their Lordships Conveniency.
L. Deincourt versus Sir J. Curzon.
"That the Persons and Estates of the Peers of this Realm, by the Laws thereof, being free from Arrest and Seizure; and, since the unhappy Differences your Petitioner's Estate having been sequestered for Delinquency, a Fifth Part thereof, according to the Ordinance of Parliament, hath been allotted and set out for the Maintenance of your Petitioner's Lady and her Children; yet so it is, that your Petitioner's Eldest Son Francis Leeke deceased, and Nicholas Leeke your Petitioner's Second Son (who, during the Time of these Distractions, hath remained here, and hath been faithful to the Parliament), having contracted a great Debt upon themselves; and, amongst the rest, they being engaged to Sir John Curson Knight, a Member of the House of Commons, in a Statute of a great Penalty, for the Payment of some Annuity, for some Consideration unknown to your Petitioners, he the said Sir John Curson, not regarding your Petitioner's Privilege, nor the Favour of the Parliament extended for the Preservation of the Wives and Children of Delinquents, (fn. 2)hath lately extended the said Fifth Part set out for your Petitioner's Wife and Children, for the Debt of the said Nicholas your Petitioner's Son, and hindereth Payment thereof, whereby your Petitioner's Wife and Children are left without all Manner of Means and Livelihood; and the said Nicholas hath no Estate in the Premises.
"In Consideration whereof, and for that it is against the Privilege of Parliament, and contrary to the Laws of this Kingdom, for any private Person to imprison the Person of a Peer, or extend his Lands, without the Licence of the Parliament, and also contrary to the Ordinance of Parliament to take that from your Petitioner's Wife and Children (for the Debt of another Person) which by the Ordinance is provided for Maintenance; your Petitioners humbly pray, that your Petitioner the Lord Dencourt may have the Benefit of his Privilege; and that the rest of your Petitioners may have the Fruit of the said Ordinance; and that the said Extent may be removed.
Mr. Cason's Conduct, as Consul at Algiers, approved of.
Letters to that Effect to be wrote to Alglers.
Ordered, That Letters be written from both Houses, and signed by the Speakers, giving Credit to the Confirmation of the said Proceedings, and carrying on of the Work of the Redemption of the Captives; and that Mr. Greene do prepare these Letters, which the Speakers are to sign, the same being presented unto them.
Ordinance for the Amount of a Bond, which Sir John Danvers entered into on the Marq. of Winton's Account, to be raised out of the Marquis's Estate.
Whereas Sir John Danvers, of Chelsey, in the County of Midd. Knight, at the Request of the Marquis of Winchester, became bound, with others, to George Phipp, of Alhallowe's Barking, London, Gentleman, in One Obligation, bearing Date the 14th Day of December, 1641, of One Thousand Pounds, with Condition for the Payment of Five Hundred and Twenty Pounds on the Sixteenth Day of June then next following, which said Sum is yet unpaid; and whereas the said Marquis of Winton hath forfeited all his Estate to the Parliament, by reason of his Delinquency, so that he hath not wherewith to satisfy the said Debt: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the said Five Hundred and Twenty Pounds, together with the Consideration due, and to be due, until Satisfaction be made of the said Debt to the said George Phipp, upon the aforementioned Bond, be forthwith raised out of the Estate of the said Marquis of Winton, and paid to the said George Phipp, out of such Monies as shall be raised upon the Sequestration or Sale of the said Marquis's Estate; and the Acquittance, testifying the Receipt of the said Money under the Hand and Seal of the said George Phipp, together with his Delivery-up of the said Bond, shall be a sufficient Discharge to such Person or Persons as shall pay the same; and hereof all Committees who receive the said Marquis' Rents, and such Persons as shall be intrusted for the Sale of his Lands, are to take Notice, and be conformable hereunto."
Ds. De La Warr.
Nichols, a Pass.
Lords Leave to be absent.
Sir A. St. John's Petition.
Porter, a Pass.
Ordinances for Concurrence.
Message from the H. C. for no Volunteers in the Army to be compelled to serve beyond Sea;
with an Order about issuing Money in the Isle of Wight;
Ds. De La Warr.
and about Col. Rainsborough going to Jersey.
Ordinance for Kelsey to be Governor of Magdalen's Hospital, in Hampshire.
"Ordered, by the Lords and Commons in Parliament assembled, That Henry Kelsey Gentleman, Eldest Son of Edward Kelsey, of Pittleworth, in Com. South'ton, Gentleman, shall be, and is hereby nominated and appointed, Master and Governor of Magdalen's Hospitall, in the County of South'ton, near Winchester; to hold and exercise the said Place of Master or Governor of the said Hospital (according to the Orders and Constitutions thereof) as amply as any other late Master or Governor of the said Hospital hath heretofore lawfully had and enjoyed the same; and the Rights, Profits, and Advantages, belonging to the Mastership of the said Hospital, are hereby granted and confirmed to the said Henry Kelsey accordingly."
Order for 100 l. for Major Boza.
Ordered, by the Lords and Commons in Parliament assembled, That Major Boza shall have the Sum of One Hundred Pounds bestowed upon him, as a Gratuity, in regard of his good Service to the Parliament; and that the said One Hundred Pounds be charged upon the Receipts of the Grand Excise, in Course, with Interest from this Day for the same, after the Rate of Eight Pounds per Centum, payable every Six Months, until the same be paid; and that the Commissioners of Excise do pay the said One Hundred Pounds, and Interest for the same, unto Major Boza, or his Assignee, accordingly."
Order for 10 l. to the Commissioners that went to the Army to dispose of.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Ten Pounds be put into the Hands of the Commissioners last employed to the Army, to dispose as they shall think fit, to such as were employed by them; and that this Ten Pounds be paid to the Commissioners aforesaid, by the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall."
Ordinance for allowing Interest to some Scots Officers for their Arrears.
"Whereas the Sum of Five Thousand Seventy-six Pounds, Eighteen Shillings, Penny Half-penny, was charged upon the Receipts at Gouldsmiths Hall, in Course, to be paid by the Treasurers there to certain Scotts Officers, named in a List then presented to both Houses; and no Interest was allowed for the said Sum: It is now Ordered, by the Lords and Commons assembled in Parliament, That Interest, after the Rate of Eight Pounds per Centum (to be accompted from the First of May, 1647, the Date of the said Ordinance), be allowed for the said Sum, payable every Six Months, out of the Moiety of the Compositions not engaged for Security for the Two Hundred Thousand Pounds intended to be now borrowed for the Service of England and Ireland; and that the Treasurers at Gouldsmithes Hall do pay the said Interest accordingly, as it shall grow due, unto such Person or Persons as shall advance the said Sum, or any Part thereof."
Order for 2500 l. to Valentine, on account of his Sufferings and Losses.
(fn. 3) "Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five and Twenty Hundred Pounds be paid unto Benjamine Valentine Esquire, by the Treasurers at Gouldsmiths Hall, in Course, out of that Moiety of the Compositions with Delinquents which is not granted to the City of London for their Security, and out of the rest of the said Compositions which shall remain after the said Security perfected and ended, without Prejudice to the said Security, towards Satisfaction and Reparation to be made unto him, for his great Damages and long Imprisonment, suffered for and by reason of his Service done to the Commonwealth, in the Parliament of 3° Caroli, whereof he was a Member; and that the Acquittance of the said Benjamine Valentine, or his Assignee, shall be a sufficient Warrant and Discharge to the said Treasurers, for Payment of the said Sum of Five and Twenty Hundred Pounds accordingly.