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 Sabbati, 22 die Januarii.
Additional Ordinance for the Westm. Militia.
Honor's Petition, for an Howance for acting as Treasurer to them.
"The Petition of John Honor was read; desiring, some Allowance for his Pains and Charges sustained in collecting the Monies upon the former Ordinance for buying a Magazine of Ammunition for the Militia of Westm. and respited, until some of the Committee for the Militia be spoke withal about it."
E. of Arundel to be heard about Pelham's Ordinance.
Mrs. Hall's Allowance.
A Report from the Committee of Lords and Commons for Sequestrations, concerning the Wife of Dr. Hall, late Bishop of Norwich, touching her Fifth Part, was read, and allowed of; and ordered to be sent to the House of Commons for their Concurrence.
Martin, Johnson, &c. and Worsleys.
It is Ordered, That the Parties concerned, Thomas Worseley, John Worseley, and Eliz. Worseley, shall have a Sight of this Petition, and return an Answer unto it on Tuesday next; and then this House will give further Directions therein.
Governors of Christ's Hospital, and The Trinity House, claiming under Hawes.
Upon reading the Certificate of Mr. Justice Pheasant, Mr. Baron Atkins, and Mr. Justice Roll, concerning the Business between the Governors of Christ's Hospitall and The Trynity House: (Here enter it.) And also upon reading the Petition of the said Governors of Christ's Hospitall, " That, according to the Tenor of the Certificate, there be a Trial at Law, between the said Hospital and Trynity House, according to the Direction and Intention of the Order of the 12th of December, 1645; and that Security be given by The Trinity House, for answering of the Mean Profits in case the Trial go against them, according as Nicholas Hawes, under whom they claim, was by this House formerly ordered to do, by Order of the 22th of September last; and that there be no Waste committed in the mean Time."
L. Hunsdon to be released.
Commitment of Peers upon Impeachment.
Ordered, That the Lords Committees, appointed the 19th of January Instant, to consider of some Declaration to be entered into the Journal Book, concerning the Commitment of Peers of this Realm upon Impeachment, shall meet on Tuesday next.
L. Mohun and Sir H. Carew.
Upon reading the Report of Sir Edward Leech and Mr. Hakewill, concerning the Business referred unto them touching the Lord Mohun and Sir Henry Cary: (Here enter it.) And likewise upon reading the Petition of the Lord Mohun; and also the Petition of Sir Henry Cary:
Privilege of Peers in Suits.
Ordered, That these Lords following are appointed to consider of the Privileges of Peers, concerning Suits; and to report to this House, what they think fit to be done thereupon in this Conjuncture of Affairs:
Oates to give Bail to appear at Rutland Assizes.
Ordered, That Samuell Oates, against whom there are Articles depending in this House, shall be bound in a Bond of Two Hundred Pounds himself, with Two good Sureties in One Hundred Pounds apiece, to the Gentleman Usher of this House, that he shall appear in Person at the next Assizes for the County of Rutland, to answer such Complaints as shall be made against him there; and that the Articles in this House against (fn. 1) him shall be remitted to the Persons that brought them, who are to prosecute the said Oates at the Assizes.
Strong's Ordinance, to be Minister of St. Dunstan's in the West.
An Ordinance to make Mr. Stronge Minister of St. Dunstan's in the West, upon the Resignation of Mr. Perne, was read, and Agreed to; and ordered to be sent to the House of Commons, for their Concurrence.
Mr. Snowe to be instituted to Cheltenham.
Ordered, &c. That Dr. Heath give Institution and Induction unto William Snowe Master of Arts, to the Vicarage of Cheltnam, in the County of Gloucester, void by the Death of the last Incumbent; salvo Jure cujuscunque: Granted by the Great Seal of England.
Letters from Ld. Hunsdon, under Restraint for sitting while the Speakers, &c. were with the Army, desiring to be released.
There being the same Order for my Restraint with those Lords who upon their late Application to your Lordships for their Liberty have received the Benefit of it, I hope it may fully agree with the same Measure of your Justice to afford me mine; there being nothing, I am confident, that can be offered in the least Degree to debar me of the like. I rest,
Governors of Christ's Hospital, and Trinity House, claiming under Hawes.
"According to your Lordships Order of the Ninth of December last, we have considered of the Petition of the Mayor, Commonalty, and Citizens, of the City of London, Governors of Christ's Hospitall, and of the Contents thereof, in the Presence of the Petitioners Counsel, and of the Counsel of The Trinity House, who are in Possession of the Lands in Question, and make Claim thereunto under Nicholas Hawes deceased; and we conceive it fit that there should be a Trial at Law between the said Hospitall and Trinity House, according to the Direction and Intention of your Lordships Order, of the 12th of December, 1645; and likewise that Security be given by The Trinity House, for answering of the Mean Profits, in case the Trial go against them, according as the said Nicholas Hawes, under whom they claim, was by your Lordships formerly ordered to do; by your Order of the 22th of September last past.
Ld. Mohun and Sir H. Carew.
According to your Lordships Order of the 23th of October last, and the Fourth Instant, we have endeavoured to examine the Contempts mentioned in the Petition and Allegations of the Lord Mohun, by Way of Answer to the Petition of Sir Henry Carew, Charles Roscarrocke, and others: And we find the Questions to stand upon the Priority of Possession of divers Manors and Lands in Cornwall, but especially upon Two, videlicet, Trewynnard and St. Day. The Title to Trewynnard did accrue in May, 1643; and to St. Day, in February, 1643. And we find not, by any Thing that hath been yet offered unto us, that Sir Henry Carewe and the others had any Possession of Trewynnard until about July, 1646, when the Lord Mohun was in London (as he affirmed), following his Composition. But the Lord Mohun did now produce an Affidavit of Nicholas Millett, That he (and such Persons to whom he had set the same) was in the quiet Possession of the Barton of Trewynnard, in May, 1646, which was before the others Possession. And for St. Day, we find by an Affidavit of Henry Maynard, Servant to the Lord Mohun, that the said Lord Mohun entered, and had the Key of the Tin-house there delivered to his Use, in May, 1645; and was then, and about the latter End of April, 1646, in quiet Possession, and received some Quantity of Tin (being a Duty from the Tinners to the Lord of that Manor). And we did peruse an Order of your Lordships, dated the 14th of January, 1646, That the Lord Mohun should enjoy the Privilege of Parliament, as a Peer of this Realm; and that he might have the Ancient Writ of Privilege, to stay any Proceedings upon the Title of his said Lands; which Order was served in February last upon Sir Henry Carewe and Charles Roscarrocke (by one Webber), who by Affidavit affirmeth, That, at that Time, Sir Henry Carewe and the others did come, with much Company, to take away the Tin then due; and that Sir Henry Carewe did then say, "It was a forged Order;" and that Mr. Roscarrocke said, "He thought so too." And that, upon striving for the said Tin, the said Webber was thrown down; and others of the Lord Mobun's Agents were hurt. But, on the other Side, Henry Barnard by Affidavit saith, That he saw a Deed sealed by Sir Reignold Mohun, Grandfather to the Lord Mohun that now is, dated in September, in the Tenth Year of His Majesty's Reign, whereby he estated those Lands upon Reygnold Mohun his Son (by Dorothy his Third Wife) and his Heirs for ever; under which, Sir Henry Carew and the others do claim, in Right of their Wives, as Sisters and Coheirs of the said Reignold Mohun the Son. And John Dingle saith, That, immediately after the Death of the Lady Mohun (which was in February, 1643), the said Sir Henry Carew and the others did cause an Entry to be made into the Manor of St. Day, and Possession to be taken for them; and that they received the Profits for One whole Year, immediately after the said Lady's Death; and that the Lord Mohun's Servants, the Ninth of February last, did come to take away the Tin in the said Manor, pretending they were authorized by an Order of Parliament. But Sir Henry Carew and Mr. Roscarrocke, perceiving that the said Order did not warrant them so to do, did deny the Delivery of the said Tin; and that thereupon the said Lord Mohun's Servants did first assault and beat the Servants of the said Sir Henry Carewe and the others, endeavouring by Violence to take away the Tin: And Peter Furden, in his Affidavit, faith the same in Effect with Dingle; adding, That, when Sir Henry Carewe and Mr. Roscarrocke had read your Lordships Order, they said, "They should obey any Order of Parliament; but they conceived they were not by that Order forbidden to take the Profits of their own Lands." But all the Proofs on either Side being but Affidavits (which do very seldom set forth the whole Truth, and these seeming to cross one the other), we cannot certify your Lordships that Sir Henry Carewe or Mr. Roscarrocke have committed any Contempts, without further Proofs; (which if it shall please your Lordships to direct) we shall then (if your Lordships command us) endeavour to give your Lordships further Satisfaction.
Report from the Committee for Sequestrations, for Mrs. Hall, Wife of the Bp. of Norwich, to be allowed 140 l. per Ann. Temporal Estate of the Bishop's, in Lieu of a Fifth Part of the Bishopric.
"Upon the Petition of Elizabeth the Wife of Joseph Hall, Doctor of Divinity, late Bishop of Norwich; and the Certificate of the Committee of Norff. bearing Date 11 Decembris, 1647, touching the said Dr. Hall, the Petitioner's Husband, Copies whereof are hereto annexed; it appearing, by the said Petition and Certificate, that the whole Profits of the Bishopric of Norwich aforesaid are taken into the Trustees Hands for the Sale of Bishops Lands, by Ordinance of the 16th November, 1646, whereby the Petitioner is deprived of a Fifth Part thereof; and it likewise appearing by the said Petition, that there is One Hundred and Forty Pounds per Annum, Temporal Estate, belonging to the Petitioner's Husband, under Sequestration, in the Counties of Essex, Devon, and Exceter, wherein the Petitioner is joint Purchaser with her said Husband:
"It is Ordered, That (in respect this Committee have no Power to allow the Petitioner a Fifth Part of the said Bishopric, by reason of the said Ordinance of 16 Nov. 1646) it be moved to both Houses, That they may be pleased to allow the said One Hundred and Forty Pounds per Annum to the Petitioner and her Children, for their Maintenance, in Lieu of their said Fifth Part: And Mr. Dennis Bond, a Member of this Committee, is desired to move the House of Commons, and the Right Honourable the Lord North to move the House of Peers, to know their Pleasures therein.
Report from the Committee for Sequestrations in Norfolk, about it.
"Whereas, by an Order from the Right Honourable Committee of Lords and Commons for Sequestrations, bearing Date Nov. 3, 1647, it is ordered, That a Fifth Part of the whole sequestered Estate of Joseph Hall, Doctor of Divinity, be allowed to the Petitioner Elizabeth, Wife of the said Joseph, for the Maintenance of herself and her Family, together with the Arrears thereof; and the Committees of several Counties by whom the Sequestration was made are required and enjoined to see the same effectually performed; we, of the Committee of Sequestrations for the County of Norff. do hereby signify, That the whole sequestered Estate of the said Joseph, in this County, being the Lands and Revenues of the Bishopric of Norwich, which are, and have been ever since the Ordinance for the Sale of Bishops Lands, November 16th, 1646, taken out of our Hands, and committed to certain Trustees named in the said Ordinance, in these Words, amongst other, "That the said Trustees shall stand and be seised of all and singular Rents, Revenues, Issues, and Profits, which were due and payable after the First Day of November, 1646, notwithstanding any Sequestration of the same, &c." so as this Committee could not satisfy, neither have Power, for the last Year, to allow unto the said Elizabeth the said Fifth Part of the sequestered Estate of the Bishopric, Part whereof we believe is also sold since that Time, according to an Ordinance for that Purpose.
Mrs. Hall's Petition, to the same Effect.
"That your Petitioner's said Husband having all his Spiritual Means taken away by Ordinance of Parliament, insomuch as your Petitioner hath not had One Penny for a Fifth Part for the whole Year last past; and his Temporal Estate, being also held from him by Sequestration, affording little or no Relief to your Petitioner:
"That hereupon your Honours were favourably pleased, upon your Petitioner's humble Petition, by your Order of the 3d of November, 1647, to order, That the Fifth Part of the whole Estate of her said Husband be allowed unto your Petitioner and her Children, for their Maintenance, together with the Arrears thereof; and that the several Committees of the Counties by whom the Sequestrations was made were enjoined and required to see the same effectually performed under Penalty:
"Now, forasmuch as the Committee of Sequestrations for the County of Norfolke have, the Eleventh of this Instant December, made their humble Certificate to your Honours, That the whole sequestered Estate of your Petitioner's Husband, in the said County, being the Land and Revenues of the Bishopric, and have been, ever since the Ordinance for the Sale of Bishops Lands, November 16th, 1646, taken out of their Hands, and committed to certain Trustees named in the said Ordinance, so as they were altogether disabled for the said last Year to allow your Petitioner her said Fifth Part, as by their Certificate hereunto annexed at large may appear; insomuch as your Petitioner is left altogether destitute of any Hopes of Relief therefrom:
"Your Petitioner therefore humbly prayeth, That, in Lieu thereof (for her present Maintenance), the Temporal Estate belonging to your Petitioner and her said Husband, which is to the Value of One Hundred and Forty Pounds per Annum, or thereabouts, in the Counties of Essex, Devon, and Exeter, which were purchased with your Petitioner's Money, and wherein she is joined Purchaser with her Husband, may be forthwith freed from the present Sequestration, and accounted for from the said Time the Fifth of the Bishopric hath been with-held and converted to the State's Use as aforesaid, that your Petitioner and her Family may have some Subsistence.