House of Lords Journal Volume 10
27 October 1648

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1767-1830

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'House of Lords Journal Volume 10: 27 October 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 565-567. URL: http://www.british-history.ac.uk/report.aspx?compid=32931 Date accessed: 28 August 2014.


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DIE Veneris, 27 die Octobris.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Stamford.
Comes Mulgrave.
Comes Lyncolne.
L. Viscount Hereford.
Comes Nottingham.
Comes Suffolke.
Comes Rutland.
Comes Kent.
Ds. Mountague.
Ds. North.
Ds. La Warr.
Ds. Hunsdon.
Ds. Dacres.
Ds. Howard.
Ds. Berkeley.
Ds. Grey.
Ds. Wharton.

Message from the H. C. with Letters from the Committee of Estates of Scotland, and Votes upon them:-and with Ordinances and Orders.

A Message was brought from the House of Commons, by Sir Walter Earle Knight, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. To acquaint their Lordships with a Letter, which they have received from the Committee of Estates of Scotland, with a Letter of Credence for Sir John Cheisely; with some Votes made thereupon. (Here enter them.)

Agreed to.

2. An Ordinance concerning Payment of Tithes.

(Here enter it.)

Read, and Agreed to.

3. An Order for Five Hundred Pounds to Doctor Bastwicke, out of Goldsmithes Hall, in Course, with Interest for the same.

4. An Order for Twenty Pounds for Symon Browne.

(Here enter it.)

Agreed to.

5. An Order for Ten Pounds for Tho. Noone.

(Here enter it.)

Agreed to.

6. To desire, that when Sir John Cheisely makes his Report at Derby House, that the Commissioners of both Houses that were in Scotland may be admitted to fit at Derby House concerning this Business.

(Here enter it.)

Agreed to.

7. Divers Ordinances of Composition for Delinquents.

8. That Mr. Blair be added to the Assembly of Divines. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.

Settling Church Government:

The House was adjourned into a Committee during Pleasure, to consider of putting the Expedient passed Yesterday into Form.

The House was resumed.

The same was read, and approved of.

Message to the H. C. with an Expedient for it.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page, with a Paper as followeth:

"Upon Consideration had of His Majesty's final Answer to the Proposition concerning the Church, the Lords do conceive, that there will be great Distractions and Uncertainties in the Churches of England and Ireland, in case a Provision be not made for the settling of the Government of them after the Expiration of the Three Years, which is the Time allotted for the Continuance of the Presbyterial Government; for the Prevention whereof, the Lords have thought this Expedient fit to be sent to the Commissioners in the Isle of Wight, and by them to be offered to the King for His Consent.

"Resolved, by the Lords and in Parliament assembled, That, after the Expiration of the Three Years, the Presbyterial Government, as it is now settled, shall continue, and remain in full Force, Exercise, and Power, until a further Settlement shall be agreed on by the King and both Houses of Parliament, after Consultation had with the Assembly of Divines."

Mrs. Mylles, to have the Pre-emption of Bittern.

Upon reading the Petition of Mrs. Katherine Mylles; complaining, "That she, being a Tenant of a Mansionhouse and Land at Bitterne, in the County of South'ton, held of the Bishop of Winton, was admitted by the Contractors of Bishops Lands to have the Pre-emption of it; but now lately others are admitted over her Head, to have the Pre-emption of it:"

It is therefore Ordered, That it is referred to the Contractors and Trustees for the Sale of Bishops Lands, that she may have the Pre-emption of the said House and Lands, and that none be admitted before her; she giving a considerable Value for the same.

Propositions concerning the Church and the Covenant.

Next, the House took again into Consideration the King's last Answer concerning the Proposition touching the Church.

And to that Clause concerning the passing Acts for the better Observation of the Lord's-day, and against Innovations, &c. the Sense of this House is, "That the Commissioners have Directions to know of the King, what the particular Expressions are which the King excepts against."

In the Clause touching Reformation in Religion, the Sense of the House was, "That these Words ["shall agree upon"] be left out.

Touching the Clause concerning the Covenant;

The Question being put, "Whether to send to the Commissioners, to press the King to pass an Act for enjoining the taking of the Covenant, with a Penalty, according to the Covenant?"

It was Resolved in the Negative.

That the further Consideration of this Paper shall be taken into Consideration To-morrow Morning.

New Judges.

Next, the House took into Consideration the Remainder of the Judges Places undisposed of.

And it is Resolved, That Mr. Justice Rolle be appointed Chief Justice of the King's Bench.

In regard Mr. Serjeant Brampston submitted his Title of Lord Chief Justice of the King's Bench to this House: It is Ordered, That Mr. Serjeant Brampston be recommended to the House of Commons, for Satisfaction for the Prejudice he hath received by adhering to the Parliament; and that he may receive what was due unto him before he was discharged by the King from his Place of Lord Chief Justice of the King's Bench.

Resolved, That Mr. Serjeant Wylde be appointed Chief Baron of the Exchequer.

Resolved, That Mr. Sam. Browne be appointed One of the Justices of the King's Bench.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Gyles Greene, &c.

To desire their Lordships Concurrence in an Ordinance concerning the Advance of Ten Thousand Pounds, by the Commissioners of the Customs, for the Use of the Navy. (Here enter it.)

Read Twice, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Serjeants to be called.

Resolved, That a Writ issue forth, to call Mr. John Parker to be a Serjeant at Law.

Resolved, That a Writ issue forth, to call Mr. Robert Bernard to be a Serjeant at Law.

Resolved, That a Writ issue forth, to call Mr. John Eltonhead to be a Serjeant at Law.

The Concurrence of the House of Commons to be desired herein.

Message to the H. C. about them and the Judges.

And accordingly they were sent down presently, by Mr. Eltonhead and; and also to acquaint the House of Commons, that this House agrees to the Votes for all the Judges, and Mr. Prideaux to be Solicitor General.

Committee at Derby-house to hear Sir Jo. Cheisly.

"Resolved, upon the Question by the Lords and Commons assembled in Parliament,

"That it be referred to the Committee at Derbyhouse, to hear and receive what Sir John Cheisly has to deliver from the Committee of Estates in Scotland; and to report the same to the Houses."

Blair to be added to the Assembly.

"Resolved, upon the Question by the Lords and Commons assembled in Parliament,

"That Mr. Blair be admitted to the Assembly of Divines."

"An Ordinance of the Lords and Commons assembled in Parliament, for the true Payment of Tithes and other Duties, and for Continuance of an Ordinance of the 9th of August, 1647.

Additional Ordinance for the Payment of Tithes.

"The Lords and Commons assembled in Parliament do order, ordain, and declare, That the Ordinance of Parliament of the 9th of August, A° Dom. 1647, intituled, "An additional Ordinance of the Lords and Commons assembled in Parliament, for the true Payment of Tithes and other Duties," shall continue, remain, and be, and hereby is continued, to remain, and be in full Force and Strength, from the last Day of October, A° Dom. 1648, until the First Day of November, A° Dom. 1650; any Proviso of Limitation or Restraint, for Ceasing or Determination thereof, therein contained, or to the contrary, in any Wise notwithstanding: Provided always, That, upon all Appeals to be brought into the Chancery, the Party appealing shall lay down in Money, either with the Justices of Peace by whom any Order shall be made according to the Purport of the said Ordinance, or in the Court of Chancery, the full Value of the Tithes adjudged before the said Justices, together with the Treble Damages and Costs, the which Costs so to be deposited shall not exceed Ten Pounds; or, in Default thereof, no Appeal shall be received or admitted: And it is likewise Ordained, That the Penalty of Forty Shillings, upon Constables, Petty Constables, and other Officers, limited and appointed in and by the said Ordinance, for neglecting to do their Duties, shall be levied by Way of Distress and Sale of the Goods of such Persons so neglecting or refusing, by Warrant from the said Justices of Peace, and by such Persons as shall by them be thereunto authorized; the same to be employed to the Use of the Poor of that Parish where such Constable, Petty Constable, or other Officer, doth inhabit."

Order for 20 l. for Browne.

"Ordered, by the Lords and Commons assembled in Parliament, That Symon Browne, the Messenger that brought the Articles for the Surrender of Pembrooke Town and Castle, shall have the Sum of Twenty Pounds bestowed upon him, charged and paid by the Committee of Lords and Commons usually fitting at Habberdash'rs Hall."

Order for 10 l. for Noone.

"Ordered, by the Lords and Commons assembled in Parliament, That Ten Pounds be given to Tho. Noone, the Messenger that brought the Intelligence out of Hertfordsheir; and that the said Ten Pounds be charged upon Habberdash'rs Hall."

Ordinance to secure the Re-payment of 10,000 l. to the Merchant Adventurers, lent by them for the Use of the Navy.

"Whereas the Fellowship of Merchants Adventurers of England do undertake, for the Service of the Navy, to advance and lend the Sum of Ten Thousand Pounds: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Ten Thousand Pounds be paid unto Sir Henry Vane Junior, Knight, Treasurer of the Navy, by Order of the Committee of the Navy, whose Receipt or Receipts, together with the said Order for all or any Part of the said Ten Thousand Pounds, shall be a sufficient Warrant to the Treasurer of the said Fellowship, in Behalf of the said Company: And it is hereby further Ordained, That the said Sum of Ten Thousand Pounds shall be re-paid unto the said Fellowship, or their Treasurer, for the Time being, out of the Receipts of the Customs, in Course; which Course shall immediately succeed as well what is anticipated upon the Moiety set apart for the Occasions of the Committee of the Navy, as the other Moiety reserved to reimburse the Engagements of the Commissioners of the Customs, which shall first happen; and in the Interim, until the said whole Principal Sum of Ten Thousand Pounds be fully repaid as aforesaid, that Interest after the Rate of Eight Pounds per Cent. per Annum shall be paid, by the Commissioners of the Customs for the Time being, for the said Ten Thousand Pounds, at the End of every Six Months, or for so much thereof as shall be at any Time unpaid, till Principal and Interest be fully discharged, according to the true Intent and Meaning of this Ordinance: And lastly, the Commissioners of the Customs for the Time being are hereby required and authorized to make Payment of the said Ten Thousand Pounds, and Interest from Time to Time, unto the Treasurer of the said Fellowship for the Time being accordingly, whose Receipt or Receipts shall be a sufficient Discharge to them, and every of them, in that Behalf."

Griffith to be instituted to Llangeber;

Ordered, That Doctor Heath give Institution and Induction unto Thomas Griffith Clerk, Master of Arts, to the Rectory of Llangeber, in the County of Carmarthen; salvo Jure cujuscunque: Granted by the Great Seal.

and Higginson to Kirkby Steven.

Ordered, That Doctor Heath give Institution and Induction unto Francis Higginson Clerk, to the Vicarage of Kirkby Steven, in Com. Westmerland, void by Death; salvo Jure cujuscunque: Lord Wharton, Patron.