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, 6 die Octobris.
Answer from the H. C.
That they agree to the Alterations in the Ordinance for disabling Persons that have been in Arms against the Parliament to be chosen in any Office or Place; they agree likewise to the Alteration in the Ordinance for Mr. Prince; they likewise agree to the Bishop of Durham's Petition; and they have taken the Petition of the late Bishop of Armagh into Consideration: To the rest, they will send an Answer by Messengers of their own.
Capt. Williams, &c. to have the Prizes taken from the Rebels at Limerick.
It is Ordered, To be sent to the House of Commons, with this Sense, "That the Lords think it fit and just, that Captain Williams and his Partners, Owners of those Ships named in the Report, should have the Benefit of the Two Prizes which The Catt took, according to the Contents of this Report;" and that the Concurrence of the House of Commons (fn. 1) be desired herein.
Citizens of London Petition.
Answer to them.
Ordered, That this Petition be taken into Consideration this Day Sevennight; and, for the present, Answer shall be returned, "That this House takes well the Expressions of their good Affections in this Petition, and their Zeal to the promoting of the Gospel of Christ; and that this House will speedily take the Petition into Consideration, and (fn. 2) have appointed a Day in order thereunto."
Message to the H. C. about the following Particulars.
Sir W. Russell & al. and Lenthall & al.
The Report of the Judges, concerning the Condition of the Bond for the Money deposited in the Cause between Russell, &c. and Lenthall, &c. (Here enter it.) Which was approved of; but the Security is to be finished before the Money be delivered, and the Security to be enquired after by the Clerk of the Parliament, in Point of Sufficiency; and Account thereof to be given to this House To-morrow Morning.
Waller's Ordinance to be Steward of Ely.
Report from the Admiralty Committee, about Prizes taken from the Rebels at Limerick, by Capt Williams in The Cat.
On Consideration of the Petition of Captain Reeve Williams, and the rest of the Owners and Mariners of his Squadron; shewing, That, having set forth under Commission of the Admiralty (grounded upon an Ordinance of both Houses) the Ships Mermaid, Warspight, Increase, and Charles, for Surprizal of the Irish Rebels; and that The Charles being in the Employment cast away, off Cape Cleere, on the Coast of Ireland, he the said Captain Reeve Williams (to supply the Place of The Charles so cast away) did, in the Petitioners Right, and at their Charge, fit another Vessel, named The Catt, for Pursuance of the said Service, under Command of Captain Thomas Wells; which Vessel, being so fitted, did take, in the River of Lymericke, being One of the Rebels Ports, The St. John Baptist of Lymericke, and The Middleburgh of Middleburgh, both laden with Goods on the Rebels Account; and further setting forth, That, upon the Petitioners (fn. 3) bringing of the Ships, so taken, to Judgement in the Admiralty Court, they were forced to prosecute their Adjudication, in the Name of the State, as a Seizure, for that no particular Commission was obtained for the said Vessel The Catt; which the Petitioners could not do, the Vessel being then at Sea remote from London; and the said Captain Williams conceiving himself sufficiently authorized to set her forth by an Order of this Committee whereby he was appointed Commander in Chief of the said Squadron: Whereupon it was humbly prayed, That, (as this Catt is) the Petitioner might not be prejudiced through the Failure of a Formality in the Want of a particular Commission; but (defraying the Charges of Condemnation, satisfying the Mariners, and paying the Tenths to the State) may enjoy the said Prizes.
This Committee, in respect of the Premises, and the many good Services against the Rebels performed by the Squadron, and for that the said Vessel The Catt was manned and furnished out of the said other Vessels that had particular Commissions, as also for that (as this Committee is informed) the Mariners are very clamorous with the Petitioners for their Thirds, though the Goods taken in the said Prizes be most of them in the Hands of the Lord Inchequi', for the Relief of the Parliament's Garrisons in Munster, is of Opinion, That it is very equitable for the said Prizes, so taken, to be delivered to the Petitioners, for their Use, on the Conditions offered: Nevertheless, do refer the same to the Wisdom and Pleasure of both Houses of Parliament, to whom Report is to be made of this Matter, that they may give such Order thereupon as they shall think fit. And it is Ordered, That, in the mean Time, the Adjudication be prosecuted in the Admiralty Court, as a Seizure, in the Name of the State.
Petition of Citizens of London, for Persons to have Leave to preach the Gospel.
That your Petitioners are deeply sensible of the extreme Want of Preaching the Gospel throughout this Kingdom, there being many Hundreds of Towns and Villages altogether destitute of any Preaching Ministry, and many others not well supplied; by occasion whereof, Ignorance, Drunkenness, Prophaneness, Disaffection to the Parliament, and to others in Authority, do every-where abound; there being scarce so much as any Face of Religion in many Places.
And there are many Men of competent Gifts and Abilities, of good Life and honest Conversation, who, being willing to employ their Talents in the Lord's Work, and to submit themselves for Approbation to moderate and judicious Men, are yet, by Occasion of some Scruples about Ordination, discouraged from engaging in this Work of publishing the Gospel, wherein they might be helpful unto many.
And seeing that, in the Days of Queen Elizabeth, upon Occasion of People's Necessity, many such Men were sent forth, to publish the Gospel, who had no formal Act of Ministerial Ordination passed upon them, whose Endeavours the Lord blessed, to the Good of many Souls, and the Furthering of the Kingdom's Peace; and since also, we nothing doubt but the Propagation of the Gospel through this Nation, and the Information of Men in the Things of their Peace, and the Peace and Safety of the Kingdom, are worthy of your greatest Zeal, and are not the least of your Cares.
Therefore your Petitioners humbly pray, That those who shall be approved of as Men meet to dispense the Mysteries of the Gospel, by such judicious, moderate, and able Men, whom you in Wisdom shall appoint thereunto, may receive from this Honourable House Encouragement and Protection, in preaching the Gospel, in any Place of this Kingdom, or Dominion of Wales, where Need requires; that so the Word of the Lord may have free Course, and be glorified; ignorant Men may be instructed; Drunkenness, Prophaneness, and Disaffection to the Parliament, and to others in Authority, may be abandoned; and both the Spiritual and Temporal Peace and Prosperity of all Sorts of Men may be more advanced.
Sir W. Russell & al. and Lenthall & al.
(fn. 4) "According to your Lordships Order of the 22th Day of July last, concerning Sir William Russell, &c. and Thomas and Francis Lenthall, and John Marston; we have drawn up the Condition of the Security for the Seven Hundred and Fifty Pounds in the said Order mentioned, to which we have subscribed our Names, and hereunto annexed the same; which nevertheless we leave to your Lordships grave Considerations.
Noverint universi per præsentes, nos, Henricum St. John de London Mercatorem, & Thomam Walter de London Mercatorem, teneri & firmiter obligari Prænobili Edwardo Comiti Manchester, in Mille & Quingentis Libris, bonæ & legalis Monetæ Angliæ, solvend. eidem Comiti, Executoribus vel Assignatis suis; ad quam quidem Solutionem bene & fideliter faciend. obligamus nos, & utrumque nostrum per se, pro toto & in solid. Hæredes, Executores, & Administratores nostros, & utriusque nostr'm, firmiter per præsentes, Sigillis nostris sigillat.
"Whereas, upon the Seven and Twentieth Day of February, in the Year of our Lord God 1645, upon the Petition of Sir William Russell Knight and Baronet, John Wood, George Fletcher, William Geere, and George Warren, concerning Thomas and Francis Lenthall and John Marston, it was ordered, by the Lords in Parliament assembled, That Seven Hundred and Fifty Pounds should be deposited in the Clerk of the Parliaments Hands, until the Judges at Law should deliver their Opinions, whether a Prohibition ought to be granted in the Case or not; which said Sum of Seven Hundred and Fifty Pounds was deposited accordingly, and the Judges have since delivered their Opinions, That a Prohibition ought to be granted in the Case; and afterwards, by a Rule made in His Majesty's Court of Common Pleas the Third of this Instant July, a Prohibition was accordingly awarded in the same Cause: And whereas, the Two and Twentieth Day of this Instant July, upon hearing Counsel on both Sides, concerning the said Seven Hundred and Fifty Pounds so deposited as aforesaid, it was ordered, by the Lords in Parliament assembled, That the said Sum of Seven Hundred and Fifty Pounds should be re-delivered out of the Custody of the Clerk of the Parliaments, upon good and unquestionable Security to be first given to the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore:
"Now the Condition of this Obligation is such, That, in case Judgement shall happen to be given against the Plaintiffs in the said Prohibition, or a Consultation shall be thereupon awarded; that then, if the said Sir Wm. Russell, John Wood, George Fletcher, Wm. Geere, and George Warren, or any of them, their or any of their Executors or Assigns, within Six Weeks next after such Judgement given, or Consultation so awarded as aforesaid, shall well and truly pay, or cause to be paid, into the Hands of the Clerk of the Parliaments for the Time being, the Sum of Seven Hundred and Fifty Pounds, of lawful Money of England, to be disposed of as the Honourable the House of Peers shall think fit and order; or if Judgement shall be given for the Plaintiffs in the said Prohibition; then this Obligation to be void, and of no Effect; or else the same to remain and be in full Force and Virtue.
Ordinance to disable Delinquents from holding Places of Trust.
Whereas divers Persons who have been in Arms against the Parliament, or aiding or assisting the King in the late War, do continue Members of several Corporations of this Kingdom, in which Capacity they have Power of voting in the Election of the Officers of the said Corporations; by reason whereof, several Persons who have been likewise in Arms against the Parliament, or have aided or assisted the Forces of the Enemy, have been, and daily are, chosen Mayors, Aldermen, Assistants, Bailiffs, or other Officers, of several Cities, Boroughs, or Towns Corporate, contrary to an Ordinance bearing Date the Ninth Day of September last past, to the endangering of raising new Tumults, and disturbing the Peace of the Kingdom, so much desired to be established by all good Men: For Prevention whereof, be it hereby Ordered and Ordained, by the Lords and Commons assembled in Parliament, That no Person or Persons whatsoever, that hath been in Arms against the Parliament, or hath aided or assisted the Forces of the Enemy, by contributing of Monies, Arms, or Ammunition, or other Aid or Assistance, not being compelled or constrained thereunto, or who hath been, is, or shall be, sequestered or sequestrable, shall have any Voice or Vote in the Election or Choice of any Mayor, Recorder, Sheriffs, Aldermen, Bailiff, Assistant, Town Clerk, Common Council-man, Steward of any Court, Constable, or any other Officer, or in the Granting or Passing of any Lease, or other Instrument, whereunto the Common Seal of any College, Cathedral Church, Hall, or Corporation, is to be set, or of any Copyhold Lands or Tenements, in any County, City, Borough, or Town Corporate, or either of the Universities, or other Places, within the Kingdom of England, Dominion of Wales, or Town of Berwicke; nor shall any such Person or Persons as aforesaid, without the Allowance of both Houses of Parliament, hereafter be chosen, or continued to be in any of the aforesaid Offices, or of the First or Second Company, or to the Chamber or Common Council of any City, Borough, or Town Corporate, as aforesaid: And to the Intent that this present Ordinance, and the said Ordinance of the 9th of September, be duly executed and observed, and that no Person or Persons do presume (contrary to that or this present Ordinance) to accept of, or continue in, any such Office, Place, or Employment as aforesaid, after Publication hereof, it is hereby farther Ordered and Ordained, That the Committee of Lords and Commons for Indemnity, named in an Ordinance bearing Date the 21th Day of May last past, or any Five of them, are hereby authorized, and have full Power and Authority hereby granted unto them, to convent and call before them any Person or Persons, for the better Discovery and Finding-out of the Truth in the Premises; and are hereby required to receive and take such Testimony and Evidence upon Oath, for that Purpose, as shall be tendered unto them, against any Person or Persons so offending, and to use all good Ways and Means for the effecting and doing thereof; and, upon Proof thereof made by Two or more sufficient Witnesses, the said Committee of Lords and Commons, or any Five of them, have full Power, and are hereby authorized and required, to discharge the said Person or Persons, so offending, from their said Place, Office, or Employment, and to impose such Fine or Fines upon him or them as they shall think meet, the same not exceeding the Sum of One Hundred Pounds, whereof the One Moiety to be employed to the Poor of the said County, City, Borough, or Town Corporate, wherein the said Offence shall be committed, and the other Moiety to such Person or Persons as shall prosecute the same; the said Fine, so to be imposed, to be recovered by Action of Debt, by Bill, Plaint, or Information, wherein no Protection, Essoign, or Wager of Law, shall be allowed; and that, after publishing the said Discharge by the said Committee of Lords and Commons, it is and shall be lawful, to and for every Person or Persons, or the major Part of them (who are not hereby excepted against), and are capable of a Vote in the Election of any such Mayor, Alderman, Recorder, Sheriff, Bailiff, Town Clerk, Assistant, Common Council-man, or other Officer, in any County, City, Borough, or Town Corporate as aforesaid; and they are hereby enabled and required to proceed to the Election of such other Person or Persons, in any of their Place or Office, as are not made incapable by the said Ordinances, or either of them.
"Provided always, That this Ordinance do continue, and be in Force, for the Space of Five Years only next ensuing the Date hereof; and that it do not extend to any Person or Persons who have been, or shall be, unduly sequestered, and have been, or shall be, therefore discharged of the said undue Sequestration, by both Houses of Parliament, or by the Committee of Lords and Commons for Sequestrations."
Woodcoff to be instituted to Venvoe.
Ordered, That Doctor Aylett give Institution and Induction to Tymothy Woodcoff Batchelor in Divinity, to the Rectory of Venvoe, in the County of Glamorgan, void by the Death of Barthol. Man, the late Incumbent; salvo Jure cujuscunque; granted by Mr. Oldesworth and Jane Oldsworth, Patrons, as Guardians, in the Right of Edmund Thomas Esquire, His Majesty's Ward.