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 Mercurii, 14 die Julii.
PRAYERS, by Mr. Taylor.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
E. of Stamford, Leave to be absent.
Ordered, That the Earl of Stamford hath Leave to be absent from this House till October next.
Petition from the City Apprentices, &c.
A Petition was this Day presented, and read, from the Young Men and Apprentices of the City of London; which they intend for the Glory of God, the Peace of this Kingdom, and the Vindication of this Parliament.
(Here enter it.)
And being called in again; the Speaker, by the Directions of the House, gave them this Answer: "That this House gives them hearty Thanks, for their good Affections expressed in their Petition, and also for their pious Expressions: As to the Particulars in their Petition, this House will take them into Consideration."
L. Finch's Petition.
A Petition of the Lord Fynch was read; desiring, "to have Leave to come into England." (Here enter it.)
Ordered, To be taken into Consideration on Friday Morning next.
Sir H. Mildmay and Sir T. Cheek, concerning the Barony of Fitzwalter.
Upon (fn. 1) hearing the Counsel this Day of Sir Henry Mildmay Plaintiff, and Sir Tho. Cheeke Defendant: It is Ordered, That the Counsel of Sir Henry Mildmay Knight, and the Counsel of Sir Thomas Cheeke Knight, do make their several Pedigrees, Titles, and Proofs for the same, and to shew them each to other; and that each Side may take their Exceptions thereunto: And that being done, and presented to this House, their Lordships will take Order for the further Proceedings thereupon, as the Case shall require: It is further Ordered, That in case any Difference should be between the Counsel, then the Judges, or any Two of them, are to be repaired to, for reconciling (fn. 2) the Differences in the stating of the Cases, if they can: And lastly it is Ordered, That this be reported to this House upon the 19th Day of October next.
Upon reading the Affidavit of Martin Holbeech: (Here enter it.) It is Ordered, That the Persons therein mentioned shall be attached, as Delinquents.
Message from the H. C. with Orders.
A Message was brought from the House of Commons, by Sir Wm. Allenson, &c.
To desire their Lordships Concurrence in these Particulars:
1. An Order for One Thousand Pounds, out of Weavers Hall, to be paid, upon Accompt, to Lieutenant General Massie. (Here enter it.)
2. An Order for paying One Thousand Pounds, out of the Moiety of the Receipts at Goldsmythes Hall, to Lieutenant General Massey, upon Accompt. (Here enter it.)
3. An Order concerning Clifford's Tower. (Here enter it.)
The Answer returned was:
That this House agrees to all the Particulars now brought up.
Ordered, That, for this Time, Mr. Justice Rolls shall go this Circuit of Lyncolne, &c. alone.
Ordinance for the E. of Pemb. to be Chanc. of Oxford.
An Ordinance was brought in, for restoring the Earl of Pembrooke to be Chancellor of the University of Oxford; which was read Twice, and Agreed to, and to be sent to the House of Commons for their Concurrence.
Ordinance to confirm the Officers appointed by the Revenue Committee.
The Earl of Sarum reported a Paper from the Committee of the Revenue, with an Ordinance concerning the confirming of the Places of Officers and Receivers which have been bestowed by the said Committee; which was read Twice; and Ordered, That a Schedule of the Names of the Persons be brought in to this House.
Ordered, That the Remonstrance from Ireland shall be read To-morrow Morning.
Petition of the Apprentices of London, for the Safety of the King:— Settlement of Church Government;—Payment of the Army, and disbanding it; &c.
"To the Right Honourable the House of Peers assembled in the High Court of Parliament.
"The humble Petition of divers Well-affected Young Men, and the Apprentices, of the City of London;
"That your Petitioners have with the forwardest been ever ready, in this common Cause of Religion, Laws, and Liberties, to adventure their Lives for the Preservation thereof; which we hoped, after so much Expence of Blood, and (by God's Providence) such happy Success of your Armies, would have been settled to us and our Posterity in a lasting Peace: Yet, to the Grief of our Hearts, your Petitioners cannot but take Notice how, in these unhappy Times of Distraction, divers discontented Persons labour to sow new Seeds of Discord and Division amongst us, whereby Incendiaries and Malignants are encouraged, your faithfullest Friends discountenanced, the Privileges of Parliament violated, Magistracy opposed, the Public Worship of God slighted, and the Liberties and Property of the Subjects much endangered: All which your Petitioners laying sadly to Heart, and having more before their Eyes the Glory of God and the Happiness of His Majesty's Kingdoms than their own Private Interests (which we shall readily sacrifice for the Public) do in all Humility most humbly pray,
"1. That, according to our solemn League and Covenant, His Majesty's Royal Person may be defended; and that His just Power and Greatness (in the Preservation and Defence of the true Religion and Liberties of the Kingdoms) may be established.
"2. That the Rights and Privileges of Parliament may be vindicated, and the lawful Liberties and Property of the Subjects preserved and maintained.
"3. That the Government of the Church may be speedily settled, Conventicles (the Seminaries of Separation) suppressed, and a Toleration of licentious Liberty effectually declared against.
4. That all Incendiaries, Malignants, and, evil Instruments, which hinder the Reformation of Religion, dividing the King from His People, or One of His Kingdoms from another, or make any Faction or Parties among the People (contrary to the solemn League and Covenant), may be brought to Public Trial, and receive condign Punishment.
"5. That all Obstructions in the ordinary Course of Justice may be removed, and the insufferable Abuse of Committees and their Officers considered.
"6. That the Arrears of your Soldiery of this Kingdom may be satisfied; and Security granted for their future Indemnity, for all Acts done (by them) Tempore et Loco Belli.
"7. That the Army now on Foot may be disbanded, or otherwise disposed of, that so this almost-exhausted Kingdom may be freed from those many grievous Taxes and Oppressions it now groans under.
"8. And whereas there have been, and still are, great Abuses and insufferable Injuries done to your Petitioners, by the Sale of Freedoms, and Foreigners intruding into the Suburbs and Places near adjacent to this City; whereby your Petitioners are much discouraged in their Services, the Freemen of this City prejudiced, and the Franchises and Liberties thereof infringed;
"We therefore humbly beseech this Honourable Assembly, to resolve on some Course (as you in your Wisdoms shall think fit); as well for the Expulsion of such as have so unduly crept in amongst us, as for the future Prevention of the like insufferable Injuries that may redound to your Petitioners hereafter.
"And your Petitioners, being always ready to adventure their Lives and Fortunes for your Defence and Preservation, shall ever pray, &c.
"Subscribed by Ten Thousand Persons at the least."
Lord Finch's Petition, for Leave to come to England.
"To the Right Honourable the Lords of the Most Honourable House of Peers, in the High Court of Parliament.
"The humble Petition of John Lord Finch.
"The Petitioner, with all humble Gratitude, acknowledgeth your Lordships great Goodness towards him, that, for Five Years Space, hath forborn that Severity against him, to which your Lordships, by the Petitioner's Departure out of England and otherwise, were justly provoked.
"In all this his disconsolate Absence, the Petitioner's Study and Care hath been, to behave himself towards all your Lordships, and towards the Honourable House of Commons, that none of you may ever again take up other Thoughts of him than benign and compassionate.
"Old Age, many late Sicknesses, and the deep Sense of his long and present Miseries, give the Petitioner certain Assurance of a very short Life, which above all Earthly Things he desires may take End in his dear and native Soil.
"For this Purpose, he hath directed his humble Petition to the Honourable House of Commons, and is by these a most humble and earnest Suitor to your Lordships; humbly begging your most honourable Favours, for his free Liberty of returning into England.
"Which if your Lordships and that Honourable Assembly please to vouchsafe unto him, it shall for ever oblige the Petitioner, by all Gratitude and Fidelity, and by all other real Endeavours, so to expire there, that neither your Lordships nor the Honourable House of Commons shall have the least Cause to unwish any the utmost Extent of your Goodness and Clemency, or the most wished and comfortable Marks of your good Opinion.
"In these humble Thoughts the Petitioner shall live and die; and shall, during Life, humbly and heartily pray to God, for all Happiness to attend your Lordships, and your most honourable Proceedings.
Napper to be instituted to Nuthurst;
Ordered, That Doctor Aylett shall give Institution and Induction unto William Napper Clerk, Batchelor of Law, to the Rectory of Nuthurst, in the County of Sussex, void by the Death of the last Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.
Musson to Withybrook;
Ordered, That Doctor Aylett shall give Institution and Induction unto Richard Musson Clerk, to the Vicarage of Withibrooke, in the Diocese of Coventry and Litchfeild, void by the Death of Richard Clarke, the late Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Seal of the Masters and Fellows of Trinity Colledge in Cambridge.
and Bethell to Kirby over Blowes.
Ordered, That Doctor Aylett shall give Institution and Induction unto William Bethell Clerk, Master of Arts, to the Rectory of Kirkby over Blowes, in the County of Yorke, void by the Cession of John Stanley; salvo Jure cujuscunque; the said Mr. Bethell taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal, of the Right Honourable Algernon Earl of Northumberland, the undoubted Patron.
Taylor and Mardock to be attached, for Contempt of the Order in Behalf of the E. of Leicester.
Ordered, That the Gentleman Usher, or his Deputy, shall attach the Bodies of Richard Tayler, of the City of Coventry, and Jeremiah Mardocke, of the said City, and forthwith bring them before the Lords in Parliament, to answer their Contempt unto this House, for their disobeying of an Order wherein the Earl of Leicester is concerned; and this to be a sufficient Warrant in that Behalf.
Holbech's Affidavit concerning it.
"Martin Holbeeche, Gentleman, maketh Oath, That, upon the 19th Day of June last, he shewed unto Richard Taylor of the City of Coventry, and Jeremiah Mardock of the said City, being Occupiers of certain Lands belonging to the Right Honourable Robert Earl of Leicester, an Order made by the Lords assembled in Parliament, bearing Date the Seventh Day of June, 1647; by which Order it was declared, That the said Earl of Leicester, and all claiming under him, should, forthwith after Sight of the said Order, be put into his full and quiet Possession of the Premises, by the Sheriffs of the said County; and that the Profits of the said Lands, during all the Time of his said Disseisure, should be answered to the said Earl, or his Assigns, as they were formerly paid; and likewise that a former Order of the Seventh of December was thereby ratified and confirmed in all Points; and that Obedience should be given to both the said Orders, as the contrary would be answered to the Lords assembled in Parliament. And further deposeth, That he then read the said Order to the said Taylor and Mardocke, and likewise to the Sheriffs of the said City of Coventry, and gave each of them a Copy of the same; whereupon the said Sheriffs and divers of their Officers, in Obedience to the said Order, went, with this Deponent and one Thomas Barlowe Bailiff to the said Earl of Leicester, to the said Grounds mentioned in the said Order, to deliver the Possession, according to the Effect thereof: But the said Taylor and Murdocke, keeping by Force the Possession of the said Grounds, menaced the said Sheriffs (being aged Men) with such Speeches and Actions, that they neither durst or would in any Wise attempt the Entry of the said Premises, then severally kept by the said Taylor and Murdock and others of their Confederacy; and likewise the said Taylor did then, with much uncivil and abusive Language, revile this Deponent and the said Thomas Barlowe, who were there with the said Sheriffs, to require the Delivery of the Possession of the said Grounds, for and in the Behalf of the said Earl of Leicester, according to the Effect of the said Order; to the which Order the said Taylor and Mardock refused to give Obedience, but with much Scorn and Contempt slighted and under-valued the same.
"Jur. 5 Die Julii, 1647.
L. Mayor of York to have the Charge of Clifford's Tower.
"Resolved, by the Lords and Commons assembled in Parliament, That Thomas Dickenson Esquire, now Lord Mayor of the City of Yorke, shall have the Care, Charge, and Custody, of Clifford's Tower, in the City of Yorke."
Order for 1000 l. to Gen. Massie.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be charged upon the Monies remaining in the Hands of Mr. Alderman Bunce and the rest of the Treasurers at Weavers Hall, and forthwith issued and paid, by the said Treasurers, unto Lieutenant General Edward Massey, or his Assigns, upon Accompt; and that the Acquittance of the said Colonel Edward Massey, or his Assigns, shall be a sufficient Discharge to the Treasurers aforesaid, for the Issuing and Payment of the said Sum of One Thousand Pounds accordingly."
Order for 1000 l. more to him.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be charged upon the Moiety of the Receipts of Monies coming in at Gouldsmiths Hall by Compositions with Delinquents not engaged for Security to the City of London, and paid in Course unto Lieutenant General Edward Massey, upon Accompt; and that the Commissioners of both Houses (fn. 3) sitting at Gouldsmiths Hall for compounding with Delinquents do forthwith issue their Warrant to the Treasurers there, for the Payment of the said One Thousand Pounds unto the said Colonel Massy, or his Assigns, out of the Moiety of the said Receipts; and that the Acquittance of the said Colonel Massey, or his Assigns, shall be a good Discharge unto the Treasurers aforesaid, for the Payment of the said Sum of One Thousand Pounds accordingly."
House adjourned till 10a cras.