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, 2 die Novembris.
PRAYERS, by Mr. Valentine.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Message from the H. C. for a Conference about the Propositions; and with Orders, &c.
A Message was brought from the House of Commons, by Mr. Swinfen, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:
1. That they had agreed to the Addition in the Proposition concerning Religion, offered Yesterday at the Conference; and that they had appointed a proportionable Number to join with their Lordships, to draw them into Form; and they desire their Lordships would please to appoint the Place and Time for the said Committee to meet.
Ordered, That the Committee meet this Afternoon, at Three of the Clock, in the Lord Keeper's Lodgings.
2. An Ordinance for Mr. Powell to be Comptroller of the Customs, in the Port of Milford, cum Membris.
(Here enter it.)
3. An Order for Colonel Muncke to have Power of Martial Law in Ireland. (Here enter it.)
4. Divers Persons added to the Committee for Ireland sitting in the Star-chamber. (Here enter it.)
The Answer returned was:
That this House agrees to these Orders and Ordinances now brought up; and that this House hath appointed this Afternoon, at Three of the Clock, for the Committee to meet in the Prince's Lodgings.
Ward to be One of the Preachers in Canterbury Cathedral.
Ordered, That Dr. Aylett do admit and induct Nathaniell Ward Clerk, Master of Arts, into One of the Six Preachers Places in the Cathedral Church of Canterbury, void by the Death of Charles White, the last Preacher there, now in the Donation and free Disposition of the King; he being thereunto collated by Letters Patents under the Great Seal.
E. of Ormond desires Monies agreed to be paid him.
A Letter from the Earl of Ormond was read; desiring, "Performance of what Monies were agreed with him upon the Surrender of Dublin."
And Ordered, To be sent down to the House of Commons; and desire that the Articles may be performed, as was agreed with his Lordship.
Ly. Littleton and Sir F. Grevile versus Awdley and Smith.
Upon hearing the Counsel of Sir Foulke Grevill, &c. Plaintiff, against Hugh Awdley and Isabell Smyth, and also hearing the Counsel of Hugh Awdley:
It is Ordered, Adjudged, and Declared, That all the Parchments found in the Court of Wards, (videlicet,) the Copy of the counterfeit Act of Parliament, and Three forged Fines, and the counterfeit Pleading found in the Court of Wards, are hereby damned and vacated, as being forged and counterfeit, there being no Records in the proper Courts to warrant any such; and that they shall never be admitted to be pleaded, or given in Evidence, in any Court whatsoever; and that the Copies under Mr. Audlie's Hand, given out by him, be brought into this House, by Isabell Smyth, or in whose Custody soever they are, that so they may be vacated.
Croker versus Wise.
Upon reading the Affidavit of Richard Symth: (Here enter it.)
It is Ordered, That Wm. Wise be sent for, (fn. 1) as a Delinquent, to answer his Contempt to this House.
Persons appointed by the Revenue Committee.
Upon Report from the Committee for the Revenue, concerning the confirming of Places upon Persons given by the said Committee:
It is Ordered, To be taken into Consideration on Friday next.
Hawkins's Ordinance for Lands in Ireland, in Lieu of a Debt owing to him from the State.
Upon reading the Petition of Wm. Hawkins: (Here enter it.)
It is Ordered, That the Prayer of the Petition is approved of; and that these Lords following do prepare an Ordinance accordingly, and report the same to this House:
Any Two; to meet when they please.
Poole to be instituted to Babington.
Ordered, &c. That Doctor Aylett give Institution and Induction unto Ralph Poole Clerk, to the Rectory of Bebington, alias Babington, in the County of Chester, void by the Death of the last Incumbent; salvo Jure cujuscunque; Presentation under the Hand and Seal of Wm. Glegges Esquire, Patron.
Ordinance for Powell to be Comptroller of the Customs at Milford.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That Geoge Powell, of Pembrooke, in the County of Pembrooke, Gentleman, shall have and hold the Office or Place of Comptroller of the Customs, in the Port of Milford, cum Membris, and all and singular Ports, Places, and Creeks, to the said Port adjoining or appertaining; and also all and singular Vails, Fees, Rewards, Allowances, Profits, and Emoluments whatsoever, to the Office or Place due, belonging, or appertaining; to be paid by the Customers, Collectors, or Farmers, of the Customs and Subsidies in the said Port, for the Time being, at the Times usual, and otherwise belonging to the said Place; and Oliver St. John Esquire, His Majesty's Solicitor General, is hereby authorized and required to prepare a Bill, containing a Grant, by and with the Advice, Assent, and Consent, of the Lords and Commons assembled in Parliament, unto the said George Powell, of the said Office and Premises, so long as he shall well demean himself therein, as fully and amply as Nicholas Squier deceased, or any other Comptrollers in the said Port, at any Time heretofore, held and enjoyed the same; which said Grant, so prepared, the Commissioners for the Great Seal of England are hereby authorized and required to pass under the Great Seal, in usual Form accordingly."
Ordinance for Col. Monk to execute Martial Law in Ulster.
"Whereas there hath been a Commission given to Colonel George Monke, to command in Chief certain Forces (in the Province of Ulster, in the Kingdom of Ireland) in the said Commission mentioned and expressed: For the better Ordering, Commanding, and Disciplining, the said Forces, and enabling the said Colonel Monck to promote the Public Service, and to discharge the Trust committed unto him; it is Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That the said Colonel George Monck shall have Power and Authority, and is hereby required and authorized, from Time to Time, as there shall be Cause, to use, exercise, and put in Execution, the Law Martial, over all or any of the Forces that now are, or hereafter shall be, put under his Command; he observing and following, in the Execution thereof, those Rules and Articles of the Law Martial published by Sir Thomas Fairefax, for the Rule and Discipline of that Army: And all Officers and Soldiers put under his Command as aforesaid are hereby required to take Notice of this Power and Authority given unto him, and to be obedient and assistant unto him in the Execution thereof, accordingly."
Members added to the Committee for Irish Affairs at the Starchamber.
"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Annesley, Mr. Thomas Scott, Colonel Sydney, Sir William Allenson, Sir John Evelyn of Wilts, Mr. Priestley, Sir William Massam, Colonel Temple, Mr. Westrow, Mr. John Stephens, Mr. Hodges of Bristoll, and Mr. John Corbett, be added to the (fn. 2) Committee for the Affairs of Ireland, in the Starchamber; and they are to sit constantly (according to the Times limited in the Ordinance), and at such other Times as they shall think fit; and are to put in diligent Execution the Powers granted unto them, for bringing in the Arrears upon the Ordinances for Ireland; and are to examine the Accompts, how the Monies for Ireland have been disbursed, and report the State of those Disbursements and Accompts to the Houses."
Paper from the Revenue Committee, for Receivers, &c. appointed by them to be confirmed.
"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm'r the Fifth Day of October, 1647.
"Upon Consideration had of the Schedule of the Receivers and Bailiffs annexed; Ordered, and it is the Opinion of this Committee, That they should be made legal Officers, by having their Places confirmed unto them under the Great Seal of England; and do desire the Right Honourable the Earl of Pembrooke (fn. 3) to report this our Opinion unto the House of Peers accordingly.
"A List of such Receivers and Bailiff who are to have their Places confirmed unto them, by Letters Patents, under the Great Seal of England.
Hawkins's Petition, for Lands in Ireland, in Lieu of a Debt owing to him by the State.
"To the Right Honourable the Lords and Commons in Parliament assembled.
"The humble Petition of William Hawkins, of London, Merchant;
"That the Committee of Accompts, having examined and certified the true State of the Debt due to Richard Turner, Maurice Gethin, Tempest Milner, Richard Woolaston, and William Hawkins, until July, 1646, was, by the Honourable House of Commons, in December, 1646, ordered, That One Moiety of the said Debt, being Eighteen Thousand Four Hundred Ninety-seven Pounds, Two Shillings, Three Pence, should be satisfied by the Sale of Delinquents Estates, which to this Day is not in any Part accomplished.
"Your Petitioner having due to him, as his Dividend of the said Debt, One Thousand One Hundred and Fifty Pounds, the which, with the Interest for Fifteen Months past, amounteth to One Thousand Two Hundred and Sixty Pounds; which Sum of Money that it may be paid to the Petitioner, and the State eased of so much Debt;
"May it please the Honourable Houses, to order the Treasurers at Grocers Hall for the Irish Affairs, to take the Subscriptions of the Petitioner's Assigns, for so much Land in Ireland as the said Money shall amount unto upon any preceding Ordinances."
Order and Certificate about it.
"Die Lunæ, 21 Decembris, 1646.
Ordered (upon the Question), That the Moiety of the Sum of Thirty-six Thousand Nine Hundred Ninety-four Pounds, Four Shillings, and Six Pence, allowed by this House to be due unto Richard Turner, Maurice Gethin, Tempest Milner, Richard Wollaston, and William Hawkins, for Principal and Interest, amounting unto the Sum of Eighteen Thousand Four Hundred Ninety-seven Pounds, Two Shillings, and Three Pence, be paid unto them, out of the Sale of such Delinquents Estates as they shall nominate to both Houses; and that an Ordinance be brought in to that Purpose.
Cler. Parl. D. Com."
"We do certify, That One Thousand One Hundred and Fifty Pounds, Part of the said Sum of Eighteen Thousand Four Hundred Ninety-seven Pounds, Two Shillings, and Three Pence, is due to William Hawkins, abovementioned in the said Order.
October 19th, 1647.
Smith's Affidavit. Croker versus Wise.
"Richard Smith this Day made Oath before me, That, according to an Order of the Lords in Parliament assembled, dated the 28th of October, 1647, he this Deponent, in the same Day, repaired to the House of Mr. William Wise, and delivered a Copy of the said Order to the Maid Servant of the said Mr. Wise, being thereby directed to appear in Person, and bring with him into the House of Peers all the Writings concerning an Estate of Gerrard Croker Esquire deceased, on Monday the First of this Instant November, at Ten of the Clock in the Morning; which said Maid Servant of Mr. Wise did receive from this Deponent the said Copy; and said she would deliver it to a Gentlewoman, to send it to her Master, as formerly she had done another Order to the same Effect.
"The Mark (7) Rich. Smith.
"Jur. 1 Nov. 1647, coram me,
"Wm. Hackwill, in Canc. Mag'r."
House adjourned till 10a cras.