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, 21 die Septembris.
PRAYERS, by Mr. Bridge.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Letter from Sir T. Fairfax.
A Letter from Sir Thomas Fairefax, was read, against Pamphlets. (Here enter it.)
Ordered, That the Orders for committing of Thomas Overton and Elizabeth Overton are revoked and taken off; and the Parties to be released from their Imprisonment.
E. of Leicester and Johnson, about a Process in the Exchequer, concerning Lands in Coventry.
Upon reading the Petition of Edward Johnson Esquire, wherein the Earl of Leycester is concerned; desiring "the Business may be heard and examined by this House:"
It is Ordered, That the Order of the 7th of December, 1646, is hereby confirmed and ratified; and, upon Obedience by the said Edward Johnson and others concerned therein, then this House will take their Desires into Consideration.
E. of Cleveland's Leave prolonged.
Ordered, That the Earl of Cleveland shall have Four Months longer Liberty, upon the same Terms as formerly he had; and the Concurrence of the House of Commons to be desired herein.
Brown & al. versus Poyntz, alias Morris, & al.
The Judgement against John Morris, alias Poyntz, Isabell Smyth, Leonard Darby, and John Harris, was read, and approved of by the House.
(Here enter the Judgement.)
And it is Ordered, That the Persons shall be brought before this House on Thursday Morning next, to hear this Judgement pronounced against them.
Rumney versus Browne, for refusing his Dues at Hanworth.
Upon reading the Petition of Symon Rumney, of Hanworth, in the County of Midd.
It is Ordered, That Robert Browne be released from his Imprisonment; and that the Business be brought to a speedy Trial at Law: Provided, That the said Robert Browne use no Delay, to put off or prolong the said Trial.
Rooksby to be bailed, and his Charge to be brought in.
Upon reading the Petition of Lieutenant Fulke Rookesby, and a Letter from the Earl of Ormond: (Here enter them.)
It is Ordered, That the Gentleman Usher attending this House shall take Bail of the said Lieutenant Rookesby in One Thousand Pounds, to appear before the Lords in Parliament, with Twenty Days Notice; and that the Person that accused him bring in his Complaint in Writing against him; and upon this to be released from his present Imprisonment.
Message from the H. C. with an Ordinance to explain the One for Sale of Bishops Lands.
A Message was brought from the House of Commons, by Colonel Harvy, &c.; who brought up an Ordinance for better Explanation of the Ordinance for the Sale of Bishops Lands, wherein their Lordships Concurrence is desired.
Read, and Agreed to, with an Alteration.
The Answer returned was:
That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.
Abp. of Armagh's Pet. for an Allowance.
Upon reading the Petition of the Bishop of Armagh; desiring, "To have some Means allowed him, for his Subsistence:"
It is Ordered, To be recommended to the House of Commons.
Message from the H. C. with Ordinances, &c.; and with Votes about the Army and Garrisons.
A Message was brought from the House of Commons, by Mr. Ball; who brought up divers Particulars, wherein they desired their Lordships Concurrence:
1. An Ordinance against printing of Pamphlets.
2. Several Votes concerning the Army and Garrisons.
Read Once, and to be taken into Consideration Tomorrow Morning.
3. An Ordinance for the Committee of the Army and Treasurers at Wars.
4. Wm. Curtys, Wm. Parke, and others, Inhabitants of Leedes, to be paid Two Thousand Pounds.
5. An Ordinance to pay to the Governor of King's Lynn, for that Garrison, One Thousand Five Hundred Pounds.
6. Orders for Mr. Challoner, Colonel Jepson, and Colonel James Temple, to go into Ireland.
7. An Ordinance for (fn. 1) paying to Thomas Prince Eight Hundred Ninety-nine Pounds, Seventeen Shillings, and Eight Pence.
8. An Order for Evidences and Records to be delivered into the Hands of the Register for the Sale of Bishops Lands.
The Answer returned was:
That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.
Ordinance to prohibit the printing of scandalous Pamphlets.
The Ordinance concerning scandalous Books and Pamphlets, was read Twice, and committed to the Considerations of these Lords following:
L. Viscount Say & Seale.
Any Three; to meet To-morrow Morning, at Nine of the Clock, in the Lord Keeper's Lodgings; and to adjourn from Time to Time.
Message from the H. C. with a Vote about the King's Answer to the Propositions; and that they agree to Two Ordinances.
A Message was brought from the House of Commons, by Sir John Evelyn Knight; who brought up a Vote concerning the King's last Answer to the Propositions, wherein they desire their Lordships Concurrence; and that (fn. 2) the same may be communicated to the Scotts Commissioners, upon their Lordships Concurrence.
(Here enter them.)
2. To let their Lordships know, the House of Commons agrees to the Ordinance concerning the Arrears in the Court of Wards, and to the Ordinance Fee Farm Rents. (Here enter them.)
The Answer returned was:
That this House agrees to this Vote now brought; and likewise that it be communicated to the Scotts Commissioners, by the Members of the Houses that are of the Committee of both Kingdoms.
Proposals from the Army.
The Lord Wharton reported the Proposals from the Army, with Explanations thereupon; which were read.
Letter from Sir T. Fairfax, complaining of scandalous Pamphlets; and desiring a Weekly Paper may Be published by Authority, and that Mr. Mabbot may license it.
"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore.
"I have sent inclosed some Printed Pamphlets, that are not only very scandalous and abusive to this Army in particular, but indeed to the whole Kingdom in general. My Desire is, That these and all of the like Nature may be suppressed for the future; and yet, that the Kingdom's Expectation may be satisfied in relation to Intelligence, till a firm Peace be settled, considering the Mischiefs that will follow by the poisoncus Writings of evil Men, sent abroad daily to abuse and deceive the People, That (if the House shall see it fit) some Two or Three Sheets may be permitted to come out Weekly, which may be licensed, and have some Stamp of Authority with them; and in respect the former Licencer Mr. Mabbott hath approved himself faithful in that Service of Licence, and likewise in the Service of the House and of this Army, I humbly desire that he may be restored and continued in the said Place of Licencer.
Putney, 20 Sep. 1647.
Brown, Cler. Parl. and Sir A. Littleton, versus Morris, alias Poyntz, Darby, Harris, and Smith, for forging an Act of Parliament.
Whereas John Browne Esquire, Clerk of the Parliaments, did, the 25th of June, 1647, exhibit a Charge before the Lords in Parliament, against John Morris, alias Poyntz, Mary his Wife, Isabell Smith, Leonard Darby, and John Harris, for forging, framing, and publishing, a Copy of a pretended Act of Parliament, alledged to have been made Anno 43 Eliz. and intituled, "An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands, in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance;" whereas, in Truth, there neither is, nor ever was, any such Act of Parliament; and for forging and couterfeiting his Hand-writing, and subscribing to the said Copy "Jo. Browne, Cleric. Parliamentorum;" and, the better to colour their lewd Practices, have charged the said John Browne with the Loss of the said Record, and denying of his own Hand: And whereas Sir Adam Littleton Baronet, who had good Title to Part of the said Manors and Lands, as in the Right of Dame Audrey his Wife, whose Inheritance thereunto was sought to be impeached by the said Copy of the said pretended Act of Parliament, complained likewise against the said Persons, before their Lordships, for the said Forgery and Publication, in that the said John Morris, Leonard Darby, John Harris, and Isabell Smith, did produce the said Copy at Chelmesford, at Lent Assizes, 1646, for the County of Essex, at a Trial in an Ejectione Firmæ brought by Thomas Smith Husband of the said Isabell, and Lessee of the said John Morris, against Josias Clarke, Tenant to the said Sir Adam Littleton of Part of the said Lands contained in the said pretended Act; and did plead and affirm the same to be a true Copy of an Act of Parliament; and the said Darby and Harris did falsely and perjuriously swear, in open Court, at the said Trial, "That they had examined the said Copy by them produced, with the Record of the said pretended Act in the Office of the Clerk of the Parliaments;" and did there also falsely and perjuriously swear, "That they did shew that Writing to the Clerk of the Parliaments, and that he did acknowledge the said Writing to be his own Hand;" whereas in Truth the said Subscription to the said pretended Act of Parliament is counterfeit, and none of the said Clerk of the Parliament's Hand: And the said Sir Adam further complained of an Exemplification under the Great Seal of England, for countenancing the said forged Copy of the said pretended Act, by some undue Means by the said Parties thereunto affixed; of the Parties shewing whereof, Proof was made before their Lordships.
All which being Crimes of a very high and transcendent Nature, and do concern the Public Justice of the Kingdom, and of this Honourable House, the Supremest Judicatory of this Kingdom, that Acts of Parliament, the highest Records in this Kingdom, should be framed, invented, forged, and given in Evidence, and published as true Acts of Parliament, and the Hand of the Clerk of the Parliaments, a sworn Officer, forged, counterfeited, and subscribed to the same; as that, if such bold aud audacious Acts should not be severely punished, no Man can be safe, in his Life, Person, or Estate; the said John Browne and Sir Adam Littleton desired that the Persons aforesaid might forthwith answer the said Charges; and that their Lordships would inflict such exemplary Punishment upon the Offenders, as may deter the like Attempts and lewd Practices in others, and give such fitting Reparations as their Lordships in their Wisdoms should think meet.
Whereupon the Persons aforesaid put in their Answers to the Premises, and pleaded Not Guilty. And, after the Cause had been divers Days fully heard by Counsel on both Sides, and Witnesses produced at this Bar, and the whole Matter afterwards thoroughly weighed, debated, and fully considered of by the House:
The Lords in Parliament assembled, being fully satisfied of the Guilt of the said Persons, for the aforesaid High Crimes charged against them, do Award and Adjudge,
"1. That the said John Morris, alias Poyntz, shall pay, as a Fine to our Sovereign Lord the King, the Sum of One Thousand Pounds, Isabell Smith Two Hundred Pounds, Leonard Darby Four Hundred Pounds, and John Harris Four Hundred Pounds.
2. That the said Parties shall pay to John Browne Esquire, Clerk of the Parliaments, for his Damages, Five Hundred Pounds.
"3. That all the said Parties shall, before their Enlargement out of Prison, be bound to the Good Behaviour during their Lives, before some One of His Majesty's Justices of His Bench at Westm'r, with good Sureties.
"4. That the said Copy of the pretended Act of Parliament, falsely affirmed upon Oath to have been subscribed with the Name of the said Clerk of the Parliaments, intituled, "An Act to enable and make good a Conveyance and Assurance made of the Manor of Chipping Onger, Northokenden, Southokenden, and other Lands, in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance," is hereby declared to be forged and counterfeit; and is by their Lordships adjudged and decreed to be for ever damned and canceled, and never to be pleaded in any Court or Cause whatsoever; nor to be admitted to be given in Evidence, there being no Record of any such pretended Act of Parliament to warrant the same.
5. That all the said several Persons hereby adjudged guilty of the said Crimes shall ever hereafter be made uncapable to be Witnesses in any Cause whatsoever.
6. That John Browne Esquire, Clerk of the Parliaments, is, in the Judgement of this House, free and clear of and from all and every the Aspersions, Falsities, and Charges, of the said John Morris, alias Poyntz, Isabell Smith, Leonard Darby, and John Harris, charged, uttered, divulged, and given out by them against him, concerning the Matters herein mentioned.
And that this Judgement shall be openly read and published, in the Face of the County of Essex, at the next Assizes to be held for that County.
7. That the said Parties shall bring, or cause to be brought, into this House, by the Fifth Day of October next, One Exemplification under the Great Seal of England, concerning the Manor of Little Munden, in the County of Hertford, and the aforesaid Exemplification of the said counterfeit Act of Parliament to which the Great Seal of England is charged to have been unduly and fraudulently affixed, that so the aforesaid forged Exemplification may be canceled and vacated.
"8. That they shall be imprisoned during the Pleasure of this House.
Rooksby's Petition, to be bailed till his Charge is brought against him for betraying James Town:
To the Right Honourable the House of Peers in Parliament assembled.
"The humble Petition of Lieutenant Fulke Rookesby;
"Whereas your Petitioner stands committed in The Compter of London, by your Lordships Order of the 11th of August last, upon Information given against him by Major Ormsby, "That he betrayed the Garrison of James Towne, in the Province of Connaught, in Ireland, to the Rebels:" So it is, that your Petitioner hath carefully hazarded his Life, for the Space of Five Years, against those bloody Rebels; and, though he was under the King's Obedience, and the Irish Army had a Commission from the Marquis of Ormond to compel all the Garrisons in the said Province to submit to the Cessation; yet your Petitioner was so far from complying with the Rebels, that he submitted not to the Cessation till they had reduced all other Garrisons in that Province, which the Inhabitants perceiving, were loath to enrage the Enemy when that they could not expect any Relief, nor had wherewith to defend themselves; and therefore, being driven to Extremity, their Governor also being absent, and not coming according to Expectation, they desired to refer themselves to the Lord Dillon, and to submit to what Agreement the said Lord Dillon, being the King's President of that Province, should authorize for them, who did what he could to persuade the Lord Taff not to enter the Garrison; which he not yielding to, the Lord Dillon signed Articles for their entering the Town: And your Petitioner humbly conceiveth he is not to be questioned for the same, being freed by the Articles of Agreement betwixt the Commissioners of Parliament and the said Lord Marquis.
The Premises considered, may it please your Lordships to grant unto your Petitioner the Benefit of the said Articles, and to give Order that Bail may be taken for his Appearance here, till his Accuser do bring in his Charge; that your Lordships may determine the same, as (fn. 3) to your Lordships Wisdom shall seem meet.
"And your Petitioner shall ever pray, &c."
Letter from the Marquis of Ormond, in his Behalf.
"I am informed there is one Lieutenant Rookesby, that stands committed in The Poultry Counter, as one that had deserted Sir Charles Coote, (and, partaking with the Rebels,) had betrayed unto them the Garrison of James Towne; which gives me Cause to assure your Lordship, that the said James Towne was, by the Direction of the Lord Dillon (having Authority in the Province of Connaught), on certain Articles, surrendered unto the Irish, lying then with an Army before it; and that the said Rookesby was therein obediential, being of Party with those who adhered unto His Majesty's Authority, and is consequently comprehended within the Articles between the Commissioners from the Parliament of England and me. I shall therefore intreat your Lordship to acquaint the House of Peers therewith, and to be a Mean to procure this Gentleman his speedy Enlargement; whereunto I humbly conceive the Parliament is engaged And so I remain
Kingston, Sep. 13th, 1647.
Most humble Servant,
"To the Right Honourable my very good Lord, the Lord Wharton. These."
Vote concerning the King's Answer to the Propositions:
"Resolved, by the Lords and Commons in Parliament assembled, That the King, in this Answer of the 9th of September, given at Hampton Court, hath denied to give His Consent to the Propositions presented unto Him from both Kingdoms, for a safe and well-grounded Peace."
To be communicated to the Scots Commissioners.
"Ordered, by the Lords and Commons in Parliament assembled, That this Vote be communicated to the Scotts Commissioners, by the Members of both Houses that are of the Committee of both Kingdoms."
Howes to be instituted to Earls Barton;
Ordered, That Doctor Aylett shall give Institution and Induction unto John Howes Clerk, to the Vicarage of Earles Barton, in Com. North'ton, void by the Death of the last Incumbent; salvo Jure cujuscunque; the said Mr. Howes taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.
Sherrard to St. Clement's, in Sandwich;
Ordered, &c. That Doctor Aylett shall give Institution and Induction unto Hope (fn. 4) Sherrard Clerk, Master Arts, to the Rectory of Clements, in Sandwich, in the County of Kent, void by the Death of the last Incumbent; Presentation under the Great Seal.
Lewis to Gwithelwerne;
Ordered, That Doctor Aylett shall give Institution and Induction unto Stephen Lewis Clerk, Master of Arts, to the Vicarage of Gwithelwerne, in the County of Merioneth, void by the Death of the last Incumbent; Presentation under the Great Seal.
Hughes to Trodyr Oer;
Ordered, &c. That Doctor Aylett shall give Institution unto Rees Hughes Clerk, Master of Arts, unto the Rectory of Trodyr Oer, in the County of Kent; Presentation under the Great Seal.
Remington to Lockington;
Ordered, That Doctor Aylett shall give Institution unto Richard Remington Clerk, to the Rectory of Lock ington, in the County of Yorke; Presentation under the Hand and Seal of Rich'd Remington Esquire.
and Rickney to Stone.
Ordered, That Doctor Aylett give Institution and Induction unto John Rickny Clerk, unto the Vicarage of Stone, in the Isle of Oxney, in the County of Kent; Presentation under the Great Seal.
Order to quiet Stewart in the Possession of the Manors of Fairburn and Colton, belonging to Sir G. Ratcliffe, for Payment of 1000£.; and Elmhurst not to molest him.
Whereas, by an Ordinance of Parliament of the 6th of August, 1646, One Thousand Five Hundred Pounds is ordered to be paid to Henry Stewart Esquire, and Four Hundred Pounds to James Grey Merchant, out of the sequestered Estate of Sir George Ratcliff; and, by a subsequent Order of the 12th of May last, it is (fn. 5) further ordered, That the quiet Possession of the Manors of Fairburne and Colton, being Part of Sir George Ratcliff's sequestered Estate, be delivered to the said Henry Stewart or his Assigns; in Contempt of which Order and Ordinance, and several others pursuing the same, Richard Elmehurst, under Pretence of some Interest in the Moiety of the said Manors, hath much disturbed the Tenants, and used all Endeavours to gain the Rents thereof into his own Hands, whereby to frustrate the Execution of the said Ordinance; and yet hath made nothing appear for the clearing of his pretended Interest: It is therefore Ordered, by the Lords in Parliament assembled, That the Tenants of the said Manors do forthwith, according to the Purport of the said Ordinance and several Orders, pay unto the said Henry Stewart, or his Assigns, the Rents of the said Manors already incurred and grown due, and do in like Sort continue to him the Payment of the growing Rents for the Time to come, until the Nineteen Hundred Pounds in the said Ordinance mentioned be fully satisfied; and hereof the said Richard Elmehurst is to take Notice, and at his Peril yield Obedience thereunto, and not in any Wise to interrupt or hinder the Tenants in paying the Rents accordingly, until the said Richard Elmehurst shall make his pretended Title appear to their Lordships, which he is required to do forthwith; and hereof likewise all Committees of Sequestration are to take Notice, and take special Care that the said Orders and Ordinance be effectually put in Execution.
Ordinance for Payment of Fee-farm Rents due to the Crown from Members of either House.
"Be it Ordained, by the Lords and Commons in this present Parliament assembled, That all and every the Members of either House shall forthwith pay, unto the several and respective Receivers, all such Sum and Sums of Money as they owe and are indebted for Fee-farm Rents, or other Rents or Debts, any Way due to His Majesty, the Queen, or Prince; and, in Default of Payment, the Committee for the Revenue is to take Care and cause the same to be levied, according to the Directions of the Ordinance of Parliament for the due and orderly Receiving and Collecting of the King's, Queen's, and Prince's Revenue, and the Arrears thereof, dated the 21th Day of September, 1643; giving Respect for such Rents and Monies as grew due, by any the Members aforesaid, for those Lands, and for such Time respectively as by the King's or any other Forces they lost the Benefit thereof."
Ordinance for Payment of Arrears due in the late Court of Wards.
"Be it Ordained, by the Lords and Commons in Parliament assembled, That all Monies upon Bonds entered into in the Court of Wards and Liveries, or due by Composition, before the late Vote or Ordinance passed both Houses for taking away the said Court, and likewise all Rents due before the Date of the said late Vote or Ordinance, shall be received according to the Directions of an Ordinance of Parliament for the due and orderly Receiving and Collecting of the King's, Queen's, and Prince's Revenue, and the Arrears thereof, bearing Date the 21th Day of September; 1643; and all Persons whatsoever, that do owe any Monies or Rents, by Bond or otherwise, entered into, or payable in, the said late Court of Wards and Liveries, before the Date of the said late Vote or Ordinance, are hereby required to pay the said Rents and Monies unto Charles Fleetewood Esquire, the Receiver thereof, [ (fn. 6) or to the Receiver thereof] for the Time being, who is hereby required and authorized to give such Acquittance, or Acquittances, or Discharges, for the same, as legally he ought or might have done, if the said late Vote or Ordinance for taking away the said Court had not been passed: And it is hereby further Ordained, That the said Acquittance, or Acquittances, or Discharges, so given by the said Receiver as aforesaid, shall be good and sufficient in Law, to all Intents and Purposes, to all and every Person and Persons which shall pay in any Rents, or other Monies, to the said Receiver, for every such Sum and Sums of Money as shall be paid in by them as aforesaid; and that the Parties paying in the same shall be respectively saved harmless, and kept indemnified, for or by reason of the respective Rents or Sums of Money paid, or to be paid, as aforesaid: And in case all, every, or any of the Persons, that owe Monies, by Bond or otherwise, in the said late Court of Wards and Liveries, do refuse or neglect to pay the several and respective Sums of Money by them due, to the said Receivers, then Process shall issue out of the Court of Exchequer for the same, in such like Manner as is usual for other His Majesty's Rents and Debts; and the Barons of the Exchequer, Officers, and other Ministers thereof whom it may concern, are hereby required and authorized to issue Process accordingly; and the Sheriffs and other Officers concerned are, at their Peril, to execute the same, and pay the Monies levied respectively to the said Receiver, in like Manner as Payments have been made upon Process in like Kind heretofore issued forth of the said late Court of Wards; and the several Officers and Ministers of the said late Court of Wards and Liveries respectively, whom it may concern, are hereby authorized, required, and commanded, from Time to Time, according to the Directions of the said Committee for the Revenue, to deliver such Schedules and Certificates of the Rents, Fines, Compositions, or other Monies, in the late Court of Wards and Liveries, upon Bonds entered into or due before the said late Vote or Ordinance, as thereunto they shall be required, together with all such Bonds for the same as remain in their Hands, or in the Hands of any of them; and in case any Difference, or just Exceptions, shall arise, touching the several and respective Rents, Debts, Compositions, or other Monies aforementioned, then the Hearing and Determination thereof shall be referred to the Court of Exchequer, who, by virtue of this Ordinance, shall have Power to give Relief in Law and Equity, in such Manner as the Court of Wards might have done before the taking away of the same: And it is hereby lastly Ordered and Ordained, That all and every Person and Persons acting by Authority of this present Ordinance shall, by Power of Parliament, be saved harmless and indemnified, for whatsoever they shall respectively do in Pursuance and Direction thereof."