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 Jovis, 2 die Decembris.
PRAYERS, by Mr. Warde.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Message from the H. C. about the impeached Lords;—with an Ordinance; and to remind the Lords of the One about Tonnage and Poundage.
A Message was brought from the House of Commons, by Sir John D'Anvers, &c.
1. To desire some longer Time for bringing up the Articles of Impeachment against the Seven Lords, in regard of the urgent Occasions which the House of Commons have at this Time.
2. To put their Lordships in Mind of passing the Ordinance for Tonnage and Poundage.
3. An Ordinance for Two Thousand Seven Hundred Pounds to be advanced by the Commissioners of Excise.
(Here enter it.)
Read, and Agreed to.
Time for the Impeachment against the Lords to be brought up.
Ordered, That To-morrow Sevennight is the Day appointed for the House of Commons to bring up the Articles against the Seven Lords impeached of High Treason, peremptorily.
The Answer returned was:
That this House agrees to the Ordinance for the Two Thousand Seven Hundred Pounds; and that their Lordships do appoint To-morrow Sevennight peremptorily, for the bringing up the Charges against the Seven Lords: To the rest, they will send an Answer by Messengers of their own.
Croker versus Wise.
Ordered, That this House will go on to hear the Cause of Croker against Wise, &c. his Wife, To-morrow Morning, peremptorily, upon the Practice and Matters of Fact mentioned in both the Petitions exhibited to this House.
Ordinance to augment White's Living at Dorchester.
The Earl of Kent reported the Ordinance for making an Augmentation to Mr. John White's Living at Dorchester, as fit to pass, with some Alterations; which, being offered to the Consideration of the House, was read, with the said Alterations, and Agreed to; and Ordered to be sent to the House of Commons for their Concurrence.
Ld. Powis's Petition.
Upon reading the Petition of the Lord Powis: It is Ordered, To be recommended to the Committee of Lords and Commons for Sequestrations.
Mountague's Liberty prolonged.
Upon the Petition of Walter Mountagu Esquire:
It is Ordered, That his Enlargement, upon the same Bail he is now, shall be continued for Six Months longer; and the Concurrence of the House of Commons to be desired herein.
Ordinance to remove Obstructions in the Sale of Bishops Lands
The Ordinance concerning removing some Obstructions in the Sale of Bishops Lands, was reported from the Committee, as fit to pass as it is; which was read the Third Time, and Agreed to. (Here enter it.)
Riot in The Strand, by Soldiers.
The Earl of Denbigh acquainted this House with a great Disorder as was last Night in The Strand, over against The Savoy, where divers Soldiers did make a Stop of all Coaches, and suffered none to pass unless they would drink the King's (fn. 1) Health:
It is Ordered, That the Master of The Three Cranes Tavern, near The Savoy, do attend this House To-morrow Morning, to know whether he can discover any of those Persons.
And it is Ordered, That an Order be sent to the Militia of the City of London, and to Militia for Westm. that they take Order for the suppressing of such Disorders and other unlawful Meetings in the Nights, and apprehend the Persons of them, that so they may be brought before this House.
Ld. Mayor, &c. to prevent Meetings at Night in Taverns.
It is Ordered farther, That the Lord Mayor and the Officers of the City of Westm. and the Suburbs thereof, do take Care that there be no Company in any Taverns or Alehouses after Nine of the Clock at Night.
Ordinance for the Commissioners of Excise to repay themselves 2700 l. advanced for the Army.
"Whereas, by Ordinance of the Nineteenth of November last past, the Twenty Thousand Pounds, and Interest for the same, charged on the Receipts of the Excise, by Ordinance of the 28th of February, 1645, for the Use of the Three Regiments of Horse of Major Le Hunt, Major Gibbe, and Major Haines, and of Captain Waylett's Company of Dragoons, raised, sent out, and maintained, by the Eastern Association, is, by Agreement of the Committee of the said Eastern Association with the Committee of the Army, appointed to be paid unto the Treasurers at War, for the present Supply of the Army; and the same being not yet become payable in Course, the Commissioners of Excise or new Impost have advanced and lent the One Moiety thereof, and the Society of Merchant Adventurers of London the other; and whereas Thomas Foote, John Kendricke, Thomas Cullum, and Symon Edmonds, Esquires, Aldermen of the City of London, John Lamott and Edward Claxton, of the same, Esquires, the said present Commissioners of Excise, for the further promoting yet of so necessary a Service, have advanced and lent more the Sum of Two Thousand Seven Hundred Seventy-six Pounds, upon the Credit of the Interest due for the Twenty Thousand Pounds aforesaid, from the Commencement of the above mentioned Ordinance of the 28th of February, 1645, until the Time of the respective Advance and Loan thereof: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Thomas Foote and the rest of the Commissioners of Excise or new Impost, paying the said Two Thousand Seven Hundred Seventy and Six Pounds, by them so advanced and lent, unto the Treasurers at War, or any Two of them, whose Receipt to be their Discharge in that Behalf, may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Two Thousand Seven Hundred Seventy and Six Pounds, out of the Interest so due upon the Twenty. Thousand Pounds as aforesaid (when as the said Ordinance of the 28th of February, 1645, shall fall due and become payable in Course), together with Interest, by virtue of this present Ordinance, for the said Two Thousand Seven Hundred Seventy-six Pounds, after the Rate of Eight Pounds per Centum, out of the Receipts of the Grand Excise, for so long Time as the said Two Thousand Seven Hundred Seventy-six Pounds, or any Part or Parcel thereof, shall be forborn; and shall not, by any Order of One or both Houses of Parliament, be debarred from satisfying and reimbursing themselves accordingly."
Ordinance to remove Obstructions in the Sale of Bishops Lands.
"The Lords and Commons assembled in Parliament, for the more speedy Sale of the Manors and Possessions of the late Archbishops and Bishops, and Removal of several Obstructions which hinder the Sale thereof, do ordain and declare, and be it Ordained and Declared by the Authority aforesaid, That the Contractors appointed by Ordinance of Parliament, of the 16th of November, 1646, to contract for and sell the said Lands and Possessions, or any Five of them, are hereby appointed, authorized, and impowered, to peruse all Surveys returned, and to be returned, of the said Lands and Possessions, and to amend, upon due Proof made before them upon Oath, all Mistakes, in Misnomer of any Person or Persons, Places or Things; and likewise, without Oath, to amend all other Misprisions, in miscasting the Total of any particular Sums of Money, or Numbers of Acres, or such other like Mistakes; and also to make such Amendments in Surveys returned, and to insert such Words of Course, in Particulars or Conveyances, as they shall think fit and necessary, to pass such Estates as they shall contract for to the Purchasers, according to the true Intent and Meaning of the Contracts which they shall make; and to order and direct the respective Surveyors, for Review or Amendment of any Surveys returned, as they shall see Cause; and also to add, by Way of Supplement, Certificates of any Estates or Interests which shall be made appear to them in Manner and Form hereafter expressed: To which End and Purpose, be it further Ordained, by the said Lords and Commons, That all and every Person and Persons who claim or pretend any Interest or Estate in any of the said Lands and Possessions, or any Annuity, Rent Charge, or other Charge, issuing out of the same, and have not made their Claims, produced their Evidences, or otherwise made their Estates and Interests appear to the respective Surveyors of the Lands and Tenements out of which they claim such Estates, before the Return of their respective Surveys (Notice and Warning being given by the said Surveyors, according to the Instructions of both Houses of Parliament in that Behalf), shall and are hereby required, within Forty Days next after the Publication of this Ordinance, in such Manner as is hereafter expressed, or Return of their respective Surveys, to make their Claims, or produce and shew forth their Evidences, or otherwise make their Estates and Interests appear to the said Contractors, upon Oath of One or more credible Witnesses, and also all other Persons claiming any such Interest, Estate, Annuity, or Rent Charge, who shall not make their Claims, produce their Evidences, or otherwise make their said Interests and Estates appear to the Surveyors, of the Lands and Tenements out of which they claim such Estates, Annuities, or Rents Charge, before the Return of their respective Certificates, shall and are hereby required, within Forty Days next after the Publication of this Ordinance as aforesaid, or Return of the said respective Certificates, make their Claims, or produce and shew forth their Evidences, or otherwise make their Estates and Interests appear to the said Contractors by Oath as aforesaid, which Oath and Oaths the said Contractors, or any Five of them, are hereby authorized, from Time to Time, to administer; and (in case Default be made by any such Person or Persons, in making their said Claims, or Estates, or Interests, to appear in Manner and Form aforesaid) that then all and every such Person and Persons, for failing, shall forfeit and lose their respective Interests, Estates, Annuities, and Rents Charge; and the Lands and Tenements out of which they shall claim the same shall and may be sold, as in Possession, in like Manner as other the Lands and Possessions of the said Archbishops and Bishops: And be it further Ordained, by the said Lords and Commons, That it be, and is hereby, left to the Judgement and Discretion of the said Contractors, or any Five of them, to sell any Castles, Places, and other Houses, Parcel of the Lands and Possessions aforesaid, at such Rates and Prices as they shall conceive most conducing to the Advantage and Benefit of the Commonwealth, though at lower Rates than their Materials are valued by the Surveys returned thereof: And be it further Ordained, That (in case any Suit shall hereafter be commenced, by any Person or Persons, for Recovery or Eviction of any Part or Parcel of the Lands or Possessions of any the said late Archbishops and Bishops aforesaid) the Trustees aforesaid, or any Five or more of them, be, and are hereby, authorized and enabled, at the Public Charge, to defend the said Suit, and to make good the Rent returned by the Survey during such Suit; and, in case of Eviction of any Part or Parcel of the said Lands or Possessions, to give Warrant to the Treasurers, to re-pay, unto such Person or Persons from whom such Land or Estate shall be evicted, the Monies by him advanced for such Purchase, together with such necessary Disbursements as he or they have laid out by reason of the said Suit, which Warrant shall be sufficient to the Treasurers in that Behalf to pay and satisfy the same: And it is also Ordained, That if, after the Sale of any of the Manors, Tenements, or Hereditaments, of the late Archbishops or Bishops, the respective Purchasers thereof shall make Complaint unto the Trustees, or any Five of them, that the respective Premises by them purchased are charged with, or liable to, the Payment of any Rents, Annuities, Charges, Boots, Boons, Payments, Issues, or Profits whatsoever, unto any Steward, Auditor, Receiver, Bailiff, Officer, Tenant, or other Person whatsoever, which have not been formerly reprised and defaulked to the said Purchasers upon their respective Purchases of the Premises, that then the said Trustees, or any Five of them, shall search out, hear, examine, and ascertain the same, and thereupon certify the said Rents, Annuities, Charges, Boots, Boons, Payments, Issues, or Profits, to the Contractors, or any Five of them; whereupon the said Contractors, or any Five of them, shall allow unto the said respective Purchasers of the Premises, by Way of Reprisal, ratably and proportionably, according to such Rates they paid or contracted for the said purchased Premises, and shall accordingly ascertain and certify the same unto the respective Treasurers for the Sale of Bishops Lands, or any Two of them, who are hereby required and authorized to defaulk out of the Moiety unpaid in, or to pay unto the said respective Purchasers, according to such Certificate, the respective Sums so to be reprised as is aforesaid, with Interest after the Rate of Eight Pounds per Centum, to be accounted from the Time of the Payment of their Purchase-money, out of the Money which they shall have in their Treasury; and (in case at the Time of the presenting such Certificate as aforesaid the said Treasurers have not Money enough in Cash to satisfy the same) then they are hereby enjoined to make Payment thereof out of the First Monies which shall come into their said Treasury, or be received by them, or any other by their Appointment; and are not to pay, or appoint to be paid, any other Sum of Money whatsoever, until such Reprisals as aforesaid be first satisfied and paid; and the Warrant of the said Trustees, together with the Receipt of the said Purchaser or Purchasers, shall be to the said Treasurers a sufficient Discharge; and the said Trustees, or any Five of them, are hereby authorized and required to cause this present Ordinance to be printed, and so to send Copies thereof to the Sheriffs of the respective Counties of the Kingdom of England and Dominion of Wales, whereof the Manors, Lands, Tenements, or Possessions, of the said Archbishops or Bishops are; which said Sheriffs respectively are hereby required to publish the same in their County Courts the next County Courtday after they shall receive the same and also in open Market in the Shire Town the next Marketday after Receipt thereof; and shall certify the Day and Place of the Publication made as aforesaid, to the said Trustees, within Twenty Days after the same shall be published: And be it lastly Ordained, That this present Ordinance shall be valid, according to the Tenor and true Meaning thereof; any former or other Ordinance or Ordinances concerning the Sale of the Lands and Poffessions of the said late Archbishops and Bishops, or any Clause, Article, or Thing, in them, or any of them, contained to the contrary, in any Wise, notwithstanding."