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, 20 Januarii.
PRAYERS, by Mr. Whitacre.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Ordinance for the Committee at Derby House.
An Ordinance to give a further Power the Committee at Derby House, was read, and passed; and Ordered to be sent to the House of Commons for their Concurrence.
E. Rivers and Green.
Upon reading the Petition of John Greene Clerk, wherein the Earl Rivers is concerned: (Here enter it.)
It is Ordered, That his Lordship shall see this Petition; and if he give not the Petitioner Satisfaction, for his just Demands mentioned in the Petition, within Three Weeks after Sight, then (in this Case) the Petitioner is left to his ordinary Court of Law.
Message from the H. C. to remind the Lords of Pelham's Ordinance;—the One for Indemnity in Kent;—for the Committee at Derby House to meet;—and with Ordinances, &c.
A Message was brought from the House of Commons, by Colonel Jepson, &c.; who brought divers Particulars, wherein their Lordships Concurrence is desired:
1. To put their Lordships in Mind of an Ordinance concerning Mr. Pelham.
2. To put their Lordships in Mind of an Order of impowering a Committee in Kent, concerning the Matter of Indemnity. (Here enter it.)
3. To desire that their Lordships would appoint the Members of this House that are of the Committee at Derby House to meet this Afternoon.
4. An Ordinance for Monies to be sent into Munster. (Here enter it.)
5. An Ordinance for Fifteen Hundred Pounds for the Lady Fairfax. (Here enter it.)
6. An Ordinance for paying the Soldiers at Dover Castle. (Here enter it.)
7. An Ordinance for One Hundred and Fifty Pounds to Three poor Widows, out of the Sequestration of Sir John Hewitt's Estate. (Here enter it.)
Members to be added to the Committee at Derby House.
Ordered, That these Lords following are appointed to consider of the naming of some more Lords and Commoners, to be added to the Committee at Derby House; and to report the same to this House:
To meet presently.
Smith and Davis.
Ordered, That upon Thursday next this House will hear the Cause upon the Petition of Solomon Smyth, against Davies, by Counsel on both Sides.
Crackenthorpe and Musgrave's Petition.
Upon reading the Petition of Richard Crakenthorpe and John Musgrave, setting forth the Losses they have sustained, by Sir Phillip Musgrave and others, for adhering to the Parliament: It is Ordered, That this Petition be recommended to the House of Commons, that some Relief may be given for repairing their great Losses.
Message to the H. C. with the Ordinance for the Committee at Derby House:
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
To deliver to them the Ordinance for giving further Power to the Committee at Derby House, and desire their Concurrence therein.
Members to be added to it.
The Earl of Kent reported from the Committee Names of such Lords and Commons as are to be added to the Committee at Derby House; which were read, and approved of, and ordered to be sent to the House of Commons for their Concurrence.
Capt. Hawkeridge's Petition.
Upon reading the Petition of Captain Hawkeridge: It is Ordered, To be recommended to the House of Commons that some Course may be thought of (fn. 1) for his Relief.
Additional Ordinance to send Delinquents out of London, sent to the H. C.
The additional Ordinance for sending out Delinquents out of the late Lines of Communication, and likewise the Ordinance for adding Persons to the Committee at Derby House, was sent down to the House of Commons, by Sir Edward Leech and Mr. Page, as an Addition to their former Message.
Green, as Administrator of Weymark, his Petition against Earl Rivers.
To the Right Honourable the Lords assembled in Parliament.
The humble Petition of John Greene Clerk, Administrator of Edward Wymarke, Esquire;
That the late Lord Viscount Savadge, being indebted unto the said Edward Wymarke in the Sum of Three Thousand One Hundred and Twenty Pounds, by several Bonds payable 1634 and 1635, did convey divers Lands unto Trustees, for Payment of his Debts; upon which Lands the Earl Rivers, Son and Heir of the said Viscount, entered, and took upon him the Performance of the said Trust, and paid all his Father's Debts, save only this due to your Petitioner as Administrator.
That your Petitioner, for the Recovery of his Debt, commenced several Suits in the Courts of Common Pleas and Requests, in both which the said Earl stopped all Proceedings, by claiming his Privilege: Whereupon your Petitioner, July, 1641, exhibited a Petition to your Lordships, for a Hearing of the whole Matter; whereunto the Earl answered in Writing, and therein promised his Readiness to attend an Hearing in Michaelmas Term following.
That the 26th October, 1641, being appointed by your Lordships for a Day of Hearing, whereof the Earl had Notice; and your Petitioner attending the said Day, with many Witnesses out of Chesheir to his Charge of near One Hundred Pounds, the said Earl failed, deserted the Parliament, was also in Arms against the Parliament, and remained in the King's Quarters, so as there could be no further Proceedings.
That, upon a Second Petition presented by the Petitioner (fn. 1) to your Lordships in March, 1645, and the Earl's Answer thereunto; the 7th of May, 1646, was ordered by your Lordships for a Day of Hearing upon the whole Matter; but, by reason of the great Distance of the Earl from London, and Uncertainty where to find him, such timely Notice could not be given of the said Day unto the Earl as that he might appear.
Now, forasmuch as the said Earl hath taken all Advantages to delay the Petitioner, and that the Petitioner hath been at the Charge of above Five Hundred Pounds in Suits and Commissions to discover the Value of the Lands, which are proved to be sufficient for Payment of all Debts, with a good Overplus;
The Petitioner humbly prayeth, That your Lordships would be pleased to appoint a certain Day, for hearing of Counsel on both Sides, upon the Petitions and Answers depending before your Lordships; and that the Petitioner may have Liberty to make Use of the Examinations taken in this Cause in the Court of Requests, Witnesses having been on both Sides examined, and most of them Tenants to the Earl Rivers, whereof some are dead, and others so aged and impotent as that they are not able to travel.
And your Petitioner shall pray, &c."
Order to send Money to Munster.
"Ordered, by the Lords and Commons in Parliament assembled, That the Residue of the Monies come in, or to come in, to the Hands of the Vice Treasurer for Ireland, out of Grocers Hall, upon the late Ordinance for Increase of Adventurers for Lands, to be by him forthwith sent into the Province of Munster, as Part of the Ten Thousand Pounds formerly ordered to be sent into that Province, out of the First Monies raised, or to be raised, for Ireland."
Lady Fairfax to receive the Profits of Sir H. Griffith's Estate, for Payment of 1500 l. formerly ordered for her.
"Whereas the Sum of Fifteen Hundred Pounds was, by former Order of the 16th of January, 1646, assigned to the Lady Fairefax, Relict of Sir Wm. Fairefax Knight, slain in the Parliament's Service, to issue and be paid out of the Composition and Fine of Sir Henry Griffith Knight; and whereas the said Sir Henry Griffith doth not to Effect prosecute the said Composition: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the said Lady Fairefax, or such Trustees whom she shall appoint, shall receive the full Advantage, Profits, and Rents, of the Estate of the said Sir Henry Griffith, until the said Sum of Fifteen Hundred Pounds be fully and clearly satisfied and paid, unto the said Lady Fairefax or her Assignees, out of the said Rents and Profits, or until the said Sir Henry Griffith shall make and perfect this Composition at Gouldsmiths Hall: And it is further Ordered, That so much of the said Sum of Fifteen Hundred Pounds as shall be unsatisfied and paid out of the Revenues and Profits of the Sequestration of the Estate of the said Sir Henry Griffith shall be paid, out of the Composition and Fine of the said Sir Henry Griffith, to the said Lady Fairefax, or her Assignees; and that the Acquittance or Acquittances of the said Lady Fairefax, or her Assignees, shall be a sufficient Warrant and Discharge, as well to the Commissioners, Committees, Sequestrators, and other Persons intrusted or employed to receive or dispose the Profit, Rent, and Revenue, arising from the Estate of the said Sir Henry Griffith, in the several Counties where it lies, as to the Treasurers at Gouldsmiths Hall, for so much as shall be received and paid to the said Lady Fairefax, or her Assignees, out of the Composition and Fine of the said Sir Henry Griffith."
Order for paying the Garrison at Dover.
"Ordered, by the Lords and Commons in Parliament assembled, That Six Months Pay, of the Arrears due to the Officers and Soldiers of Dover Castle, Archcliffe Fort, and Motes Bulwarke, be paid and satisfied unto the said Officers and Soldiers, out of the Sequestrations of the County of Kent; and the Committee of Sequestrations, and others whom it may concern, are hereby authorized and required to pay the Sum that the said Six Months Arrears for the said Officers and Soldiers shall arise unto, (fn. 2) to Major Boys, Lieutenant of Dover Castle; and that the Acquittance of the said Major John Boys shall be a sufficient Warrant and Discharge to the said Committee, or other Persons, for Payment of the same accordingly."
Order for 150 l. to Mrs. Peyto, Mrs. Hayward, and Mrs. Heathcot.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred and Fifty Pounds; (that is to say) the Sum of Fifty Pounds to Johanna Peytoe, Relict of Captain Peytoe; the Sum of Fifty Pounds to Sarah Hayward, Relict of Captain Hayward; and the Sum of Fifty Pounds to Mary Heathcott, Relict of Captain Heathcott; be forthwith paid to each of them, out of the Revenue of the sequestered Estate of Sir John Hewitt, a Delinquent; and the Committee of Sequestrations in the County of Hunt. where the said Estate lies, are hereby required to pay the said several Sums of Fifty Pounds to each of them respectively, out of the said sequestered Estate: And the Care of this Business is more particularly referred to Mr. Burrell, a Member of the House of Commons."
Ordinance to appoint a Committee for Indemnity in Kent.
"The Lords and Commons assembled in Parliament having, by an Ordinance of Parliament of the 21th of May, 1647, and by an additional Ordinance of the 7th Day of June last, provided for the saving harmless, and indemnified all such Soldiers and others as have acted by the Authority of Parliament, or for the Service thereof; and finding, by several Complaints made to them, that it is a great Charge and Trouble to very many poor Soldiers and others, to whom a due Relief is intended by the said Ordinances to make their Repairs to the City of London, and to attend the Committee of Lords and Commons appointed by the said Ordinances for the executing thereof: The said Lords and Commons, in Consideration thereof, have thought fit to order and ordain, and it is hereby Ordered and Ordained, That Sir John Rivers Knight and Baronet, Sir Edward Monins, Sir Thomas Style, Sir Richard Hardres, Sir Thomas Peirs Baronet, Sir Anthony Welden, Sir John Honnywood, Sir Nicholas Miller, Knights, Thomas Plummer, John Twisleton, Lambert Godfrey, Richard Porter, George Newman, Thomas Seyliard, Wm. James, Richard Beale, John Browne, Wm. Skynner, Wm. Boothby, Wm. Kenwrick, George Hall, John Bix, Esquires, John Boys of Elmington, Robert Scott, Thomas Blount Esquires, Robert Hales Esquire, Sir Edward Masters Knight, Thomas Denne, Robert Ladd, John Nutt, Esquires, Sir James Oxinden Knight, Thomas Broadnax, John Holland, Thomas Boys of Wilsborough, Esquires, and George Duke Esquire, be, and are hereby appointed to be, a Committee for the County of Kent, for the putting in Execution the several Powers contained in the said Ordinances; and the said Persons, or any Five or more of them, within the County aforesaid, are hereby authorized and appointed to take Care from Time to Time duly to execute and perform the Powers given by the said Ordinances, as by the same is expressed and ordained."
House adjourned till 10a cras.