Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Jovis, 22 die Julii.
Deerham and Wise.
Ministers Pet. about Payment of Tithes:
Ordinance to secure it.
Answer to them.
Charge against Sir J. Norris dismissed.
Sir W. Russel & al. and Lenthall & al.
Upon Hearing of Counsel on both Sides, between Sir Wm. Russell, &c. and Lenthall and Marston, concerning the Seven Hundred and Fifty Pounds deposited in the Hand of the Clerk of the Parliaments by Order of this House, dated the 27. of Feb. 1645:
It is Ordered, That the said Seven Hundred and Fifty Pounds shall be delivered out of the Custody of the Clerk of the Parliament, upon good and unquestionable Security to be first given to Lenthall and Marston; and it is referred to Mr. Baron Atkins and Mr. Justice Godbolt, to draw up the Condition of the said Security, and report the (fn. 1) same to this House.
Col. Fox and Porter.
Ordered, That the Complaint of Colonel Fox, against Porter, shall be heard, by Counsel on both Sides, on Tuesday next; in the mean Time, the said Porter, now in Custody, shall be permitted to go upon Bail (fn. 2)
E. of Midd. Leave to be absent.
Larner and Hales to be brought to the Bar.
Ordinance to continue the Committee for the Army, and Treasurers at War.
"It is Ordained, and be it Ordained, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons, and Treasurers at Wars, named, instituted, and appointed, by an Ordinance of Parliament of the Eight and Twentieth of March, 1645, and continued for Nine Months longer by an Ordinance of Parliament of the 15th of January, 1645, and the Power and Authority given and appointed by the said Ordinances, and either of them, to the said Committee, Treasurers, and Persons, jointly or severally, or to any of them, named or mentioned in both or either of the said Ordinances, shall endure and have Continuance, as fully and amply, to all Intents and Purposes, as is expressed in both or either of the said Ordinances, for and during Ten Months from the First of January last; and that the aforesaid Treasurers at Wars be allowed all such Pay and Allowances as are mentioned and expressed in both or either of the said Ordinances."
Deerham and Wise.
"According to your Lordships Order of the 16th of this Instant Month, made upon hearing the Cause upon a Writ of Error between Deerham and Wise, I do find, upon Examinations of the Record and Transcript, that they do agree, and are both alike imperfect and insensible: For whereas the Defendant in the King's Bench, and now Plaintiff, had an Imparlance usque Diem Jovis post Octabis Hillarii, at the Day in Court; the Entry in the Record and Transcript both is thus, Et modo hanc Diem, scilicet Diem Jovis post Octabis Hillar. isto eodem Termino usque quem Diem prædict. Rich'us Decreham hab. Licentiam ad Billam præd. interloquend. et tunc ad respondend. &c.; which so far is the usual Form: But in the subsequent Words, which ought to have been entered thus, or to this Effect, Coram Domino Rege apud Westm'r venerunt præd. Will. Wise et Chr'oph'us Emerson, per Attorn. su's prædict. et petunt quod præd. Rich'us ad Narrationem suam præd. respondeat, there is an Omission, first of the Word (venerunt), which makes that principal Clause for the Appearance to be on the Plaintiff's Part insensible; and then these Words, or the like, which should have followed on the Plaintiff's Part, are (et petunt quod præd. Rich'us ad Narrationem suam præd. respondeat), are wholly omitted; so that, upon this Record; as it now standeth in Judgement before your Lordships, here is neither an Appearance for the then Plaintiffs entered, by omitting the Word (venerunt), nor any Prayer quod (fn. 4) Difendeas respondeat, which is the constant Form in the like Cases: Yet Judgement is given against the Defendant by Default, which I humbly conceive to be an Error: To which the Defendant in the Writ of Error hath pleaded in nullo est Erratum. So it resteth in your Lordships Judgement, to which I humbly submit the same.
Ministers Pet. complaining of the Non-payment of Tithes.
"That many of your Petitioners, after the plundering of their Goods by the King's Party, and exhausting of their Estates in Contributions to the Par liament, were put into sequestered Livings, and ordered to receive the Profits thereof; in which Places, notwithstanding they have, according to their several Talents, painfully and faithfully discharged their Duties, and borne the Burthen of Taxes and Quartering to the full if not beyond their Proportion, yet have they had their Tithes not only scantly and by Halves paid, but quite detained by many of their Parishioners, and the Ordinance of Parliament intended for their Relief hath been of little Effect, and, by the Perverseness of some, hath occasioned many Troubles and Suits unto divers, to their great Expence and Discouragement, insomuch that many Ministers have thought it better to sustain the Loss of much of their Tithes in Years past, than to seek Remedy in a Way experienced to be so expensive and doubtful; all which the worldly and covetous Sort of Men observing, have of late, and now more generally, combined together, to pay no Tithes to their Minister, especially such as have been placed in by the Parliament; whereby divers of your Petitioners and their Brethren are like to be deprived even of this whole Year's Profits, for which they have both paid Taxes and quartered Soldiers, and shall be forced to leave their several Places, not having Maintenance to support their Families; of which if there were not much pressing Experience in Sufferings hitherto, and visible Grounds of future Undoing, we should not have presumed to have petitioned any Thing of this Nature in such a Jointure of Time, amidst such high and important Concernments as we cannot but apprehend to be at present before your Honours: But, since no Time is left us but this Instant, we humbly crave Leave, and hope we shall be excused in petitioning your Honours to take our sad Condition into your serious Consideration, in regard such lawless and dangerous Attempts to detain, pull down, and destroy, the established Maintenance of the Ministry, even now when all are solemnly engaged to seek Reformation, will evidently tend to the Shame of our Nation, the Scandal of Religion, and the great Dishonour of God.
"May it therefore please your Lordships to take Order, for the establishing some speedy and effectual Course, whereby our just Dues for the Time past and to come may be recovered and received, that so your Petitioners may be encouraged and enabled to continue our Ministry in our several Places.