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, 10 die Augusti.
PRAYERS, by Mr. Byfield.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ordinance to regulate Oxford University.
An Ordinance was brought in, for the future Regulating of the University of Oxford; and read the First Time.
Ordered, That, until this House hath received Reparations for the Force and Violence offered to the Houses, this House will meddle with no particular Business.
Message from the H. C. with Orders, &c.
A Message was brought from the House of Commons, by Sir John Temple Knight;
To desire Concurrence in these Particulars:
1. An Ordinance for continuing the Speakers of both Houses Commissioners of the Great Seal of England.
(Here enter it.)
2. An Order for delivering the Twenty-five Thousand Pounds, to be transported into Ireland.
(Here enter it.)
3. An Order for further Relief of maimed Soldiers. (Here enter it.)
Agreed to, and Ordered to be printed and published.
The Answer returned was:
That this House agrees to all the Orders and Ordinances now brought up.
Preacher at the Fast.
Ordered, That Mr. Spurstoe is appointed to preach before the Lords, the next Fast-day, in the Place of Mr. Anto. Burges, who is excused.
Letter from Ireland.
A Letter was read, from the Commissioners in Ireland. (Here enter it.)
Ld. Aubigny's Order.
An Order concerning the Lord Aubigny, was read, and approved of. (Here enter it.)
Ordinance to continue the Speakers Commissioners of the Great Seal.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Ordinance which last passed both Houses of Parliament, for appointing or continuing Edward Earl of Manchester Speaker of the House of Peers pro Tempore, and William Lenthall Esquire Speaker of the House of Commons, Commissioners for the Custody of the Great Seal of England, stand and be in full Force, until the End and Determination thereof, according to the Tenor of the said Ordinance, notwithstanding any other Order or Ordinances to the contrary: And be it hereby further Ordained and Declared, That the said Edward Earl of Manchester and the said William Lenthall be, and are hereby, continued Commissioners of the said Great Seal, for and during the Space of One Month, to be accounted from the Time for which the said Earl of Manchester and William Lenthall were formerly appointed and continued Commissioners as aforesaid, together with the same and like Powers and Authorities, to all Intents and Purposes, as are mentioned or contained in the said former Ordinance."
Order for 25,000 l. for Ireland.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five and Twenty Thousand Pounds, appointed by former Orders to be sent over in Specie, by the Treasurer at Wars, into Ireland, and is sithence carried into The Tower of London, be forthwith delivered, by those in whose Custody it now remains, unto the Treasurer at Wars, or his Deputy, to be transported into Ireland, and issued and paid according to the former Orders of both Houses made in that Behalf."
Ordinance for Relief of maimed Soldiers, &c.
"Whereas, by a former Ordinance, bearing Date the Eight and Twentieth Day of May now last past, intituled, "An Ordinance for Relief of maimed Soldiers, &c." it is Ordained, That such further Sum of Money shall be assessed, as by the [ (fn. 1) Justices of Peace] in the next Quarter Sessions after the passing the said Ordinance, or the major Part of them, shall be adjudged meet to be assessed, upon every Parish or Chapelry that hath distinct Parochial Officers, so as the said additional Sum exceedeth not the Sum of Two Shillings Six Pence, nor be under the Sum of Three Pence each Week, for each such Parish or Chapelry: Forasmuch as the Service aforesaid could not be performed, as was desired, for Want of Time sufficient allowed by this Ordinance, in regard the Authority given to the Justices to execute the same is only at the next Quarter Sessions after the passing the Ordinance; it is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Justices of Peace within the Kingdom of England and Dominion of Wales shall be hereby authorized to proceed, and shall or may, at any Time hereafter, at any Sessions of the Peace which shall or may at any Time hereafter be holden within their several Divisions, proceed for the putting the former Ordinance in Execution, to all Intents and Purposes, as they might have done by virtue of the Ordinance aforesaid, at the next Quarter Sessions after the passing the same."
Letter from Two of the Irish Commissioners, desiring Leave to return;— and that the Marq. of Ormond has left Ireland.
"For the Right Honourable the Speaker of the House of Peers pro Tempore.
"Haste, Haste, Post Haste.
"May it please your Lordships,
"We understand, your Lordships have been pleased to order our Stay here till the First of September, contrary to the Licence we brought with us when we engaged in this Service; and therefore we think fit to represent to your Lordships, that, our own Affairs necessarily requiring our being there, we made known to the Committee at Darby House, in Writing, that we could not make any longer Stay here than till the Transaction with the Lord of Ormond were finished; and therefore desired that some others might be employed in this Service. The Committee, notwithstanding, thinking it requisite that we should for the present come, gave us full Power (by Instructions under their Hands) to return when we pleased, after the Agreement with the Lord of Ormond was finished, which hath been protracted beyond our Expectation; so that we humbly conceive ourselves to be at full Liberty to return, unless we have, by our Willingness at your Command to serve the Public, lost the Liberty of free-born Subjects. We must therefore humbly desire your Lordships, if you think it necessary to have Commissioners here, to name some others, since we cannot make any longer Stay; or that you make the Quorum to consist of Three, there being so many here upon the Place besides us; or that you hasten Colonel Birch, or Colonel Sydney, who are in Commission, if you think not fit to use a less Quorum than Four: Though, to deal clearly with your Lordships, we think good Commanders much more necessary to be sent than Commissioners, the Name whereof is odious to the Soldiers; and Colonel Jones, in whom lies the Care of these Parts, is so often in Danger himself, by freely engaging for Advancement of the Service, that even by the Loss of him (which God forbid) Ruin may be apprehended, if some able Commanders arrive not for his Assistance, and to succeed him if Need be: And therefore we shall humbly crave Pardon, if we make Use of the Liberty of Returning, which we brought with us, and without which we had not entered upon this Service.
Dublin, July 28, 1647.
"Most humble Servants,
"The Lord of Ormond left the Sword this Day; and went to Sea, towards Bristoll. Trym being besieged by Parston's Army, it will be necessary all the Force we can make march speedily to their Relief; though we must say, the whole Kingdom lies at Stake in the Success thereof."
L. Aubigny, &c. and the E. of Suffolk, about the Subsidy of Aulnage.
Whereas Report was this Day made, from the Lords Committees appointed by this House for the Business of the Lady Aubignie and her Children, concerning Letters Patents of King James, for the granting of the Offices and Farm of the Subsidy Aulnage of the Old and New Draperies, as also by a Certificate of the Judges who were appointed to examine the Right of the said Lady and her Children, "That it comes to the Lady Aubigney and her Children, being as it was held as Tenants in Common by the Four Sons of Esme Duke of Lenox, (videlicet,) the Lord Aubigny, the Lord Lodowick, the Lord John, and the Lord Barnard, who were to have their several and respective Shares in the Benefit of the same, as by Deeds and Declaration of Trust in this Behalf it doth and may appear; and that the said Lord Aubigny assigned over the Moiety of his Part unto the Earl of Suffolke and others, in Trust for the Lady Katherin Aubigny, the now Wife of Sir James Levingston; and the other Moiety he died possessed of, which now of Right belongs to the said Lady Katherin as his Administratrix; and the Two Shares belonging to the Lords John and Barnard deceased do appertain to Charles now Lord Aubigny and his Sister Katherin; the Earl of Suffolke having taken Administration of the said Lords John and Barnard's Estate, to the Use of the said Lord Charles and his Sister Katherin:"
It is Ordered, by the Lords in Parliament assembled, in regard that the said Lord Lodowick receiveth a great Part of the Lord Aubignie's Estate, which he converteth to his own Use, That the Earl of Suffolk shall be enabled to receive his Fourth Part, which is by his Lordship to be accounted for, if, upon the said Lord Lodowick's Answer to the Order of this House, their Lordships find Cause to dispose of it otherwise than to the Use of the Children; and likewise that he the said Earl of Suffolk be also enabled to receive the Two other Parts late belonging to the said Lords John and Barnard, to the sole Use of the now Lord Aubigny and his Sister, or their Assigns; and likewise that Fourth Part the said Lady Aubigny is to receive as aforesaid, for her Ladyship; and they first paying of all Sums of Money in Arrear, of Eight Hundred Ninety-four Pounds, Two Shillings, and Four Pence, ob. qr. reserved to the Crown; which being discharged, this House doth further order, That the Committee of the Revenue do and shall suffer the said Earl of Suffolke and his Assigns, for the said Lord Aubigny and his Sister their Three Parts as aforesaid, and the Lady Katherin Aubigny her Fourth Part as aforesaid, from Time to Time, to take and receive the Profits of the said Subsidy and Aulnage, without any Molestation or Interruption; they paying the said Rent unto the said Committee, from Time to Time, as it shall grow due.
Order to preserve the E. of Derby's Timber at Latham House.
Ordered, by the Lords in Parliament assembled, That John Bradshawe Esquire, High Sheriff of Lancasheir, is hereby authorized and commanded, not to suffer or permit any Timber, Materials, or Houshold Stuff, belonging or in any Wife appertaining to a House of the Earl of Derby, called Latham House, within the said County, to be sold or carried away, until the Committee of Lords and Commons for Sequestrations give farther and special Order therein; any Thing done already to the contrary in any Wife notwithstanding: And herein all Persons concerned, or that shall be concerned, are to take Notice, as they will answer the contrary at their Perils.