House of Lords Journal Volume 10
3 August 1648

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1767-1830

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'House of Lords Journal Volume 10: 3 August 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 414-418. URL: http://www.british-history.ac.uk/report.aspx?compid=32871 Date accessed: 24 November 2014.


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DIE Jovis, 3 die Augusti.

PRAYERS, by Mr. Cawdrey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Rutland.
Comes Mulgrave.
Comes Sarum.
Comes Midd.
Comes Lyncolne.
Comes Suff.
Comes Kent.
Ds. Maynard.
Ds. Hunsdon.
Ds. North.
Ds. Grey.
Ds. Berkeley.

E. of Pembroke, Leave to be absent.

Ordered, That the Earl of Pembrooke hath Leave to be absent, for some Time.

Tyderly, a Pass.

Ordered, That Robert Tyderlegh Esquire shall have a Pass, to go into Essex, and back again to London, without Interruption, with his Coach and Horses, and Saddle Horses, and Servants, and Company, as often as he shall have Occasion.

Gifford, D°.

Ordered, That Mr. Will. Gifford shall have a Pass, to transport him and Two Horses into France, Customfree.

Ly. Harcourt's Ordinance.

Next, the Ordinance for settling Four Hundred Pounds per Annum, in Ireland, upon the Son of the Lady Harcourt, was read the Third Time, and Agreed to.

(Here enter it.)

Hunks' Petition, for Arrears.

Ordered, That the Petition of Francis the Wife of Hercules Huncks, Lieutenant Colonel, be recommended to the House of Commons, for some of (fn. *) his Arrears to be paid.

Morris, alias Poyntz, Petition.

Ordered, That any Three of the Judges shall consider of the Business referred unto them, concerning John Morris's Business.

Prentice and Freer, in Error.

Upon hearing the Errors argued, by Counsel, in the Writ of Error depending in this House, between Prentice Plaintiff, and Freer Defendant; and upon Consideration thereof by this House:

It is Ordered, That the Judgement given in the Court of King's Bench in this Cause is hereby affirmed, and the Transcript of the Record to be returned into the King's Bench, that so Execution may be taken out accordingly.

Orders agreed to.

An Order for Five Hundred Pounds to Mr. Stephens, was read, and Agreed to. (Here enter them.)
An Order for One Thousand Ninety-two Pounds, Twelve Shillings, to be paid to Captain Parsons, by the Treasurers of Sequestrations at Guildhall, was read, and Agreed to.
An Order for One Thousand Ninety-two Pounds, Twelve Shillings, to be paid to Captain Parsons, out of such Discoveries as he shall make of Delinquents Estates not seized by any Committee, was read, and Agreed to.

Bedston Parishioners Petition.

Upon reading the Petition of the Parishioners of Bidston, in the County of Chester:

It is Ordered, To be recommended to the Committee of Lords and Commons for Sequestrations.

Ly. Capel not to be assessed for Horses, &c.

Upon Information to this House, "That the Committee for the County of Hertford had imposed the finding of a Horse and Arms, for the Safety of that County, upon the Lady Capell, now Wife to the Lord Capell:"

It is Ordered (this House being of Opinion that the Warrant is void in Law, she being a Feme Covert, and a Peeress of this Kingdom), That no Imposition of Horse and Arms be imposed upon her, by the said Committee, or any others.

Dumvile's Petition.

Upon reading the Petition of Mr. Dumvile:

It is Ordered, To be recommended to the Committee for the Irish Affairs.

Babington, a Pass to the King.

Ordered, That Uriah Babbington, the King's sworn Barber, shall be sent down now to the King, in the Isle of Wight.

Answer from the H. C.

Doctor Bennett and Dr. Aylett return with this Answer from the House of Commons:

That they will take into Consideration the Letters sent down Yesterday; and they agree that Captain Carter shall have the Command of a Troop of Horse, in the County of Chester.

Message to them, for Babington's Pass;—about Osborne ;—and to remind them of Mrs. Pigot's Business.

A Message was sent to the House of Commons, by Doctor Aylett and Mr. Eltonhead:

To desire their Concurrence, that Uriah Babbington may have Leave to go to the King, in the Isle of Wight, he being his Majesty's sworn Barber.

2. To put them in Mind of the Business concerning Mr. Osborne, &c.

3. To put them in Mind of the Petition of Mrs. Martha Pigott.

Mrs. Vaux, an Allowance out of her Husband's sequestered Estate.

Upon reading the Petition of Issabell Vaux, the Wife of John Vaux Esquire:

It is Ordered, That it is referred to the Committee of Sequestrations for the County of Cumberland, to allow her, for her Maintenance, out of the Estate of her Husband sequestered, such a Proportion as her Husband formerly agreed to allow her; and that the said Committee do give this House an Account, within Two Months, what they do herein.

Worsley's Petition.

Upon reading the Petition of Thomas Worseley: It is Ordered, To be referred to the Judges, or any Three of them, to consider whether the Petitioner may be relieved in any other Court; and report the same to this House.

Message from the Common Council, with a Petition from the Merchant Adventurers.

This Day the Sheriffs of London and others delivered to this House these Particulars following:

1. A Petition from the Company and Fellowship of Merchant Adventurers. (Here enter it.)

Declaration from the P. of Wales to the L. Mayor, &c.

2. A Copy of a Letter and a Declaration sent to the Lord Mayor, Aldermen, and Common Council, of the City of London, from the Prince, aboard the revolted Ships; which they have thought fit to acquaint their Lordships with.

The Answer returned was:

Answer to them.

That this House returns Thanks to the Lord Mayor, Aldermen, and Common Council, for their Civility in bringing these Letters and Declaration sent to them from the Prince; and desire that the Originals of them may be brought, that so they may be compared with the Copies; and then they shall be returned.

Message from the H. C. with an Order;—about the Votes for a Treaty;—and with Instructions to the Committee for it.

A Message was brought from the House of Commons, by Mr. Gyles Greene; who brought up these Particulars, wherein they desire their Lordships Concurrence:

1. An Order for One Hundred Pounds to be paid to the Committee that are to go to the King, in the Isle of Wight. (Here enter it.)

Agreed to.

2. To desire Alteration in certain Words in the Votes to be sent to the King, in the Isle of Wight.

Agreed to.

3. Instructions to be given to the Committees that are to go to the King, in the Isle of Wight.

(Here enter it.)

Agreed to, with Additions.

The Answer returned was:

Answer.

That concerning the Instructions now brought up, their Lordships will send an Answer by Messengers of their own: To the rest, their Lordships do agree.

Message to the H. C. with the Instructions for the Committee going to the King.

A Message was sent to the House of Commons, by Dr. Bennett and Mr. Eltonheade:

To deliver to them the Instructions which are to be given to the Committee that is to go into the Isle of Wight, with the Alterations, and desire their Concurrence therein.

Major Huntington's Narrative.

Ordered, That the Narrative of Major Huntington shall be taken into Consideration To-morrow, how to communicate it to the House of Commons.

Ordinance for Lady Harcourt to have 400l. per Annum, out of Nettervill's Estate in Ireland.

"Whereas there hath been several great and acceptable Services performed, by Sir Symon Harecourt Knight deceased, against the barbarous and bloody Rebels in Ireland, in which Service he adventured and lost his Life (fn. *) honourably in the Field, in Defence of the Right and Interest of the Crown and Kingdom of England, against those bloody Rebels: The Lords and Commons assembled in Parliament, in Consideration thereof, do order and ordain, and be it Ordered and Ordained by the said Lords and Commons, That the Capital Messuage, Town, and Lands, of Corballis, in the County of Dublin, in the Kingdom of Ireland, with all their and every of the Rights, Members, and Appurtenances, late in the Tenure, Possession, or Occupation of Luke Nettervill Esquire deceased, who was in actual Rebellion in Ireland, and died in the said Rebellion, or of his Tenants or Farmers, and also † such other Towns, Town Lands, Villages, Hamlets, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, nea rest adjacent unto the said Town of Corballis, whereof or wherein the said Luke Nettervill, or any other Person or Persons, stood or were seised of any Manner of Estate of Inheritances, at or since the 23th Day of October, 1641, to the Use of, or in Trust for, him the said Luke Nettervill, or to the Use of, or in Trust for, his late Wife's Heirs or Children, or any of them, of any Use or Estate of Freehold or Inheritance, or whereof he the said Luke Nettervill, or any other Person or Persons standing or being seised unto his Use, or in Trust for him, at any Time heretofore, have jointly or severally, or otherwise, made any Conveyance or Assurance whatsoever, either for the Prevention of any Forfeiture, or for the Use of, or in Trust for, himself, or his Wife, or any of his Children, Blood, or Kindred, to all or any of them, or without valuable Consideration really paid and performed, or with Power of Revocation, or unto any Person or Persons who hath or have been in actual Rebellion in Ireland, or any Ways aiding, assisting, maintaining, or abetting, the said Rebellion, or the said Irish Rebels, or any of them, or unto any Person or Persons unto the Use of, or in Trust for, any Person or Persons who hath or have been in actual Rebellion in Ireland, or any Ways aiding, assisting, maintaining, or abetting the said Rebellion, or Irish Rebels, or any of them, as, together with the said Capital Messuage, Town, and Lands of Corballis, shall amount unto Four Hundred Pounds of good and lawful current Money of and in England by the Year, over and above all Charges and Reprises, the Annual Value thereof to be accounted according to the Value as the same were or might have been set, at the usual Rates, within One Year next before the said 23th Day of October, shall from henceforth be, and now are hereby, vested, deemed, adjudged, and settled, in the actual and real Possession and Seisin of Anne Lady Harcourt, Widow, late Wife of the said Sir Symon Harecourt Knight, deceased, and her Heirs and Assigns for ever, without any Office or Inquisition thereof to be found, nevertheless unto the Use herein expressed; that is to say, unto the only proper Use and Behoofs of the said Anne Lady Harecourt and her Assigns, for and during her natural Life; and after her Decease, then of the said Capital Messuage, Town, and Lands of Carballis, with their Rights, Members, and Appurtenances, and so much of the said other before mentioned Towns, Villages, Hamlets, Lands, Tenements, Hereditaments, and Premises, as, together with the said Town and Lands of Corballis, shall, according to the Rates abovementioned, amount to the Value of Two Hundred Pounds by the Year of like Money, unto the only proper Use, Benefit, and Behoof, of Phillip Harecourt Esquire, Eldest Son of the said Sir Symon Harcourt, and his Heirs and Assigns for ever; and of the Residue of the said Towns, Town Lands, Villages, Hamlets, Lands, Tenements, Hereditaments, and Premises, unto the only proper Use, Benefit, and Behoof, of Fred'rick Harcourt, Youngest Son of the said Sir Symon Harecourt, and of his Heirs and Assigns for ever: All the abovementioned Premises to be holden of the Chief Lord and Lords of the Fees thereof, by the respective Rents and Services thereout due, and of Right accustomed.

"And it is further Ordered and Ordained, That when or as soon as a Particular may or can be made forth, of the said Capital Messuage, Town, and Lands of Carbellis, and other the Towns, Town Lands, Villages, Hamlets, Lands, Tenements, Hereditaments, and Premises, either by or upon a Survey thereof to be made by such Person or Persons as in that Behalf shall be lawfully authorized, or by or upon any Inquisition or Office to be found, upon any Commission or Commissions to be awarded out of the Court of Exchequer in Ireland (which the Lord Chief Baron and other the Barons and Court of Exchequer in Ireland in that Behalf are hereby authorized and required, upon the producing of this Ordinance, from Time to Time to award and grant), or otherwise, then the said Capital Messuage, Town, and Lands of Corballis, and all other the Premises vested and settled, or mentioned and intended by this present Ordinance to be vested and settled, in the said Lady Harcourt and her Heirs, unto the Uses abovementioned, shall be granted, conveyed, and assured, by good and effectual Letters Patents under the Great Seal of England or Ireland, or by One or more Act or Acts of Parliament, either in England or Ireland, or both, unto the said Anne Lady Harcourt, her Heirs and Assigns for ever, unto the only Uses in this Ordinance before-mentioned, in Manner and Form aforesaid, according to the true Intent and Meaning of this present Ordinance.

"Saving unto all and singular Persons, Bodies Politic and Corporate, their Heirs and Successors respectively, other than the King's Majesty, His Heirs and Successors, and other than the said Wife, Heirs, Children, Blood, and Kindred, of the said Luke Nettervill, and other Persons, their Heirs and Assigns, whose Lands are hereby vested and settled, or intended to be vested and settled, in the said Anne Lady Harecourt and her Heirs, to the Uses aforesaid, and other than the said Rebels, their Aiders, Abettors, Comforters, and Maintainers, and every of them, their and every of their Heirs and Assigns, and all and every Person or Persons claiming by, from, or under them, or any of them, or unto their or any of their Use or Uses, or in Trust for them, or any of them, all such Right, Title, Interest, Possession, Reversion, Remainder, Officers, Annuities, Rents, and Commons, which they have, or ought to have, of, in, unto, or out of, any the abovementioned Premises.

"And it is further Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the said Frederick Harcourt, Youngest Son of the said Sir Symon Harcourt, be, and is hereby, naturalized, and adjudged deemed and taken to be a natural free-born Subject of this Kingdom of England, in every Respect, Condition, and Degree, to all Intents, Constructions, and Purposes whatsoever; and that he and his Heirs shall be, and is hereby, enabled to have, hold, and enjoy, all and whatsoever in and by this present Ordinance is limited, appointed, or given unto him, and also whatsoever he hath otherwise purchased or acquired; and also to purchase, and likewise to inherit, have, enjoy, sue for, and demand, as Heir to any Ancestors, lineal or collateral, any Lands, Tenements, Hereditaments, or any other Thing or Things whatsoever; and in all Things to be esteemed, and really to be, a natural freeborn Subject of this Realm of England, as if he had been born of his English Parents, within the said Realm of England."

Order for 500 l. for Stephens.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds, Part of Fourteen Hundred Pounds and One Shilling, be paid unto Henry Stephens Merchant, or his Assigns, and be charged upon the Excise, in Course; and that the Sum of Nine Hundred Pounds and One Shilling, Residue of the said Sum of Fourteen Hundred Pounds and One Shilling, be paid, out of such concealed Delinquents Estates as he shall discover at Habberdashers Hall, in Satisfaction of Three Thousand One Hundred Salt Hides, taken from him by the Lords (fn. *) Justices and Council in Ireland, for the Use of the Army."

Order for 1092 l. 12s. 6d. to Capt. Parsons:

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of One Thousand Ninety-two Pounds, Twelve Shillings, Six Pence, being the Moiety of Two Thousand One Hundred Eighty-five Pounds, Five Shillings, appearing to be disbursed by Captain William Parsons for the Service of the Parliament, be paid to the said Captain William Parsons, or his Assigns, out of such Delinquents Estates as he shall discover in this Kingdom, not formerly seized on by any Committee; whereof all Treasurers, Committees, and others whom it may concern, are to take Notice; and the Acquittance or Acquittances of the said Captain William Parsons, or his Assigns, for Receipt of the said One Thousand Ninety-two Pounds, Twelve Shillings, Six Pence, or any Part thereof, shall be a sufficient Warrant and Discharge unto the Treasurers for Sequestrations, and such other Person or Persons as shall pay the same."

Order for 1092 l. 12s. 6d. more, for him.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of One Thousand Ninety-two Pounds, Twelve Shillings, Six Pence, be forthwith paid unto Captain William Parsons, or his Assigns, for his good and faithful Service to the Parliament, and for Supply of his present Wants, by the Treasurers for Sequestrations at Guildhall, London, in Course, being the Moiety of Two Thousand One Hundred Eighty-five Pounds, Five Shillings, appearing to be disbursed by him for the Service of the Parliament; and the Acquittance or Acquittances of the said Captain William Parsons, or his Assigns, for Receipt of the said One Thousand Ninety-two Pounds, Twelve Shillings, and Six Pence, or any Part thereof, shall be a sufficient Warrant and Discharge unto the said Treasurers for Sequestrations, and such other Person or Persons as shall pay the same."

Order for 200 l. for the Committee going to the King:

"Ordered, by the Lords and Commons in Parliament assembled, That the Commissioners of the Customs do this Afternoon advance the Sum of One Hundred Pounds, upon Accompt, out of the Monies in Question touching the Old Customs, towards defraying the Charges of the Committee appointed to go to His Majesty, about a Treaty for a Peace with His Majesty; and that the said Committee be allowed and paid the Residue of their Charges to be expended in the said Journey, by the Committee of the Revenue, upon Accompt."

"Instructions from both Houses of Parliament of England, for James Earl of Middlesex, Sir John Hippesley Knight, and John Bulkeley Esquire, Committees of Parliament.

Instructions for them.

"1. You, or any Two of you, whereof One to be a Lord, shall with all Speed repair unto His Majesty, at the Castle of Carisbrooke, in the Isle of Wight.

"2. You, or any Two of you (whereof One to be a Lord), shall present unto His Majesty the Resolutions of both Houses of Parliament, concerning a Personal Treaty to be had with His Majesty, in the Isle of Wight.

"3. You, or any Two of you (whereof One to be a Lord), shall desire His Majesty's speedy Answer to the said Resolutions.

"4. You, or any Two of you (whereof One to be a Lord), are to acquaint His Majesty, that you are only allotted Ten Days from Friday next, for your Going, Stay, and Return.

"5. You, or any Two of you (whereof One to be a Lord), shall have Power, in case His Majesty desires to see the Propositions as were presented Him at Hampton, to present Him a Copy of them."

Merchants Adventurers Petition, about the following Letter to them, from the Prince:

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of the Governor, Deputy, Assistants, and Fellowship, of Merchants Adventurers of England;

"Sheweth,

"That on Tuesday last, towards Evening, we had delivered unto us a Letter, dated the 29th past, the Copy whereof is annexed, from his Highness the Prince, in The Downes, requiring of us the Delivery of another, inclosed, to the Lord Mayor, Aldermen, and Common Council, to be publicly read; with which we acquainted his Lordship, who appointed a Court, which met Yesterday in the Afternoon; and there we delivered the Letter. We doubt not but that your Lordships will this Morning receive an Account from the Common Council of the Letter, directed to them; and we cannot also but think it our Duty to do the like on our Parts; and to add thereunto, although the Letter to us makes no Mention thereof, that we have a Ship of great Value, and Two small Vessels, laden with Cloth and other Woollen Commodities, detained by his Highness. We have thought it much to concern us, in this Condition, to give his Highness a present and speedy Account of the Receipt and Delivery of the said Letters, and to petition his Highness for Dismission of our said Ships; which we humbly befeech your Lordships to interpret favourably, and, in your Wisdoms, to consider the distracted Condition of this Fellowship, and in what Hazard the whole Trade of this Kingdom is.

"Richard Bateman, Deputy."

Letter from the P. of Wales to them, with one to the Lord Mayor and Common Council.

"Charles P.

"Trusty and Well-beloved, we greet you well. Your Company being concerned in the Subject of our Letters here inclosed, directed to the Lord Mayor, Aldermen, and Common Council of the City of London; we think fit to intreat you to use such Means as you shall think necessary, for the Delivery of the said Letters, in such Manner as they may be publicly read; which we shall take very kindly, and be mindful of the Civility done to us therein.

"Given under our Hand and Seal, the 29th of July, in the 24th Year of the Reign of our Royal Father the King.

"Concordat,

"To our Trusty and Wellbeloved the Company of Merchants Adventurers of the City of London." Tho. Skynner, Sec. Adv. Sec'tary.

Footnotes

* Deest in Originali.
* Origin, honourable.
Origin. much.
* Origin. Justice.