House of Lords Journal Volume 10
14 November 1648

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1767-1830

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'House of Lords Journal Volume 10: 14 November 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 587-590. URL: http://www.british-history.ac.uk/report.aspx?compid=32946 Date accessed: 20 October 2014.


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Contents

DIE Martis, 14 die Novembris.
Col. Herbert, a Protection, and to assign his Arrears to his Creditors. L. Dacre to be restored to the Possession of Dacre Castle. Lomax to be released, and assign his Arrears to his Creditors. Letter, &c. from the Commissioners. Ordinance to banish Three Peers. Answer to the H. C. Ordinance to banish Four Commoners: Votes about them. Message from the H. C. for a Conference about them. Message from thence, with Ordinances. Answer. Protest against the Ordinances for banishing Three Peers and Four Commoners. E. of Lincoln to export Honies. Tooke, Auditor of the Court of Wards, Pet. Answer from the H. C. Heads for the Conference on the Ordinances for banishing the Three Peers and Four Commoners. Woodroff to be instituted to Kingsland; Bradshaw to Wistley, and Man to Raworth. Letter from the Commissioners, with the following Papers about the Treaty. * * The Commissioners Paper, signifying the Votes of both Houses, &c. upon the King's Answers that are satisfactory. ** The Commissioners Paper, desiring a full Answer to the Proposition concerning Nomination of Officers. * * The King's Paper consenting to continue the Treaty for 14 Days longer. * * The King's final Answer to the Commissioners Paper of the 6th Instant, concerning the Nomination of Officers. * * The Commissioners Paper, upon Receipt of the King's Answer to their Paper concerning Nomination of Officers. * * The Commissioners Paper, desiring the King's Approbation of the Shorter Catechitm. * * The King's Paper in Approbation of the Catechism. * * The Commissioners Paper upon Receipt of the King's final Answer, in Approhation of the Shorter Catechism. ** The King's Answer to the Votes of the Parliament, concerning the Court of Wards. * * The Commissioners Paper upon Receipt of the King's Answer to the Votes of both Houses, concerning the Court of Wards, &c. * * The Commissioners Paper, pressing for a full Answer to the Parliament's Desires concerning the L. of Ormond's Proceedings. Votes for banishing Four Commoners. Ordinance to secure Money advanced for the Guards attending the Houses. Order for 4443l. 129. 4ds to Gould's Executors. Footnotes

DIE Martis, 14 die Novembris.

PRAYERS, by Dr. Stanton.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Mulgrave.
Comes Suffolke.
L. Viscount Say & Seale.
Comes Lyncolne.
Comes Kent.
Comes Rutland.
Comes Salisbury.
Ds. North.
Ds. Dacres.
Ds. Grey.
Ds. Hunsdon.
Ds. Maynard.
Ds. Howard.

Col. Herbert, a Protection, and to assign his Arrears to his Creditors.

Upon reading the Petition of Colonel Wm. Herbert; complaining, "That (fn. *) he offering to assign to his Creditors his Arrears owing to him by the Parliament, they refuse to accept of the same."

It is Ordered, That the said Colonel Herbert shall have the Protection of this House, to secure his Person from Arrests; and that he make Assignment of his Arrears to his Creditors, to be paid when he receives his Arrears.

L. Dacre to be restored to the Possession of Dacre Castle.

Upon reading the Petition of Francis Lord Dacre; shewing, "That he hath just Right and Title to the Castle and Park of Dacre, in the County of Cumber land, whereof he hath been peaceably possessed above Three Years last past; but, when the Scottish Army did this last Summer advance into England, the Servants or Soldiers of one Sir Thomas Sandford Knight, a Colonel in that Army, did make Entry in the said Castle and Park, and detains the Possession thereof, his Lordship's Tenants being imprisoned:"

It is Ordered, That the Sheriff of Cumberland do put his Lordship into the same Possession he was in Three Years last past.

Lomax to be released, and assign his Arrears to his Creditors.

Upon reading the Petition of (fn. *) Lieutenant James Lomax, Prisoner in The Gate-house; shewing, "That he hath faithfully served the State, under the Command of the Earl of Essex, for which there is due unto him much Money for Arrears; for Want whereof, he is much indebted to several Persons, and is imprisoned for Debt upon a Bill of Midd.; therefore desires the Protection of this House:"

It is Ordered, That the said (fn. *) Captain James Lomax shall be released of his present Imprisonment, and assign over to (fn. †) his Creditors so much of his Arrears as will satisfy his Creditors; and shall have the Protection of this House for his Person, to free him from Arrests.

Letter, &c. from the Commissioners.

A Letter, directed to the Speaker, from the Commissioners in the Isle of Wight, was read, with the Papers inclosed. (Here enter them.)

Ordinance to banish Three Peers.

An Ordinance this Day was brought in, for the banishing of Henry Earl of Holland, George Lord Goringe, and Arthur Lord Capell, and read Twice.

And the Question being put, "Whether to agree "to this Ordinance now read?"

It was Resolved in the Affirmative.

Answer to the H. C.

Doctor Aylett and Mr. Page return with the Answer from the House of Commons:

That concerning naming a Committee to join with a Committee of Lords, to consider of drawing the King's Concessions into Bills, and considering of His other Papers, they will take it into Consideration, and will send an Answer by Messengers of their own.

Ordinance to banish Four Commoners:

Next, an Ordinance was brought in, for banishing Sir Henry Lingen, Henry Hastings Esquire, Major General Rowland Langherne, and Sir John Owen Knight; which was read Twice.

And the Question being put, "Whether to agree "to this Ordinance now read?"

It was Resolved in the Negative.

Votes about them.

Then the House took into Consideration the Votes that were brought from the House of Commons, for banishing the Four Persons named in the aforesaid Ordinance; and being severally read, they were agreed to upon the Question. (Here enter them.)

Ordered, To let the House of Commons know, at a Conference, that their Lordships have passed the Votes for banishing of the Four Commoners; and to deliver them the Ordinance for the banishing of the Three Lords.

Message from the H. C. for a Conference about them.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To desire a Conference, concerning the Seven Persons to be banished, so soon as it may stand with their Conveniency.

Message from thence, with Ordinances.

A Message was brought from the House of Commons, by Mr. Anthony Nicolls, &c.:

1. An Ordinance concerning the Horse Guards.

(Here enter it.)

Read, and Agreed to.

2. An Ordinance for paying to the Executors of Nic. Gould Four Thousand Four Hundred Forty-three Pounds, Twelve Shillings, and Four Pence, owing by the Parliament. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Ordinances now brought up.

Protest against the Ordinances for banishing Three Peers and Four Commoners.

Memorandum, That, before the putting of the Question for passing the Ordinance for banishing of the Earl of Holland, Lord Goring, and the Lord Capell; and also before the putting of the Question for passing the Votes for banishing of Sir Henry Lingen, Henry Hastings, Major General Langberne, and Sir John Owen, the Earl of Lyncolne desired Leave to enter his Dissent, if the said Questions were carried in the Affirmative: Which being granted, he did accordingly enter his Dissent, by subscribing his Name.

"T. Lyncolne."

E. of Lincoln to export Honies.

Ordered, That the Earl of Lyncolne shall have a Pass, to transport Six Geldings beyond the Seas.

Tooke, Auditor of the Court of Wards, Pet.

Upon reading the Petition of James Tooke Esquire, One of the Auditors of the Court of Wards and Liveries; desiring, "some Satisfaction for the Loss of his "Place:"

It is Ordered, To recommend it specially to the House of Commons.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they will give a Conference presently, as is desired.

Heads for the Conference on the Ordinances for banishing the Three Peers and Four Commoners.

The Matter of the Conference is, "To let them know, that, because there may be no Obstruction in the Treaty, the Lords have passed an Ordinance for banishing of the Earl of Holland, the Lord Goring, and the Lord Capell, because, they being Members of this House, it is fit to begin here first, and not by Vote from the House of Commons: And further to acquaint them, that the Lords have passed the Votes for banishing Sir Henry Lingen, Henry Hastings Esquire, Major General Langherne, and Sir John Owen."

Woodroff to be instituted to Kingsland;

Ordered, That Doctor Heath give Institution and Induction unto Tymothy Woodroff Batchelor in Divinity, to the Rectory of Kingsland, in Com. Hereford, void by Death; Salvo Jure, &c.: Oliver Hugh, Patron.

Bradshaw to Wistley,

Ordered, That Doctor Bennett give Institution and Induction unto George Bradshawe Clerk, Batchelor of Arts, to the Rectory of Wistley, in Com. Surrey, void by Death; Salvo Jure cujuscunque: Sir Robert Parkburst, Patron.

and Man to Raworth.

Ordered, That Doctor Aylett give Institution and Induction unto Mr. John Man Clerk, to the Rectory of Raworth, in Com. Essex, void by Death; Salvo Jure, &c.: Thomas Burrell, Patron.

Letter from the Commissioners, with the following Papers about the Treaty.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore, at Westm'r.

"My Lord,

"I herewith present unto your Lordship an Account of the Proceedings since the last Letter of the 8th Instant, and a Copy of the Paper delivered this Evening, concerning Ireland. I remain

Newport, 11 Nov. 1648.

"Your Lordship's humble Servant,

"A. Northumberland."

* * The Commissioners Paper, signifying the Votes of both Houses, &c. upon the King's Answers that are satisfactory.

"Newport, 6 November, 1648.

"We are commanded, by both Houses of Parliament, to acquaint Your Majesty with these their ensuing Votes:

"Die Sabbati, 4 Novembr. 1648.

"Resolved, upon the Question, by the Lords and Commons in Parliament assembled, That the Treaty be continued for Fourteen Days longer.

"Die Jovis, 2do Nov. 1648.

"Resolved, by the Lords and Commons in Parliament assembled, That His Majesty's Answer, contained in a Paper of the Eleventh of October, 1648, to the Proposition delivered in by the Commissioners in a Paper of the 9th of October, 1648, concerning Ireland, is satisfactory.

"Resolved, &c.

"That the King's Answer to the Proposition concerning the Payment of Public Debts, &c. is satisfactory.

"Resolved, &c.

"That the Houses do consent to the King's Answer, as to the taking away of Wards and Liveries, &c.; and, in Lieu thereof, do agree that One Hundred Thousand Pounds per Annum be settled on the King, His Heirs and Successors, according to the Answer by the King to this Proposition; the same to be settled by Act of Parliament, to be raised in such Manner as shall be thought sit by both Houses of Parliament; and Provision therein made, that the same nor any Part thereof be aliened from the Crown.

"Resolved, &c.

"That Dr. Usher, Dr. Bromricke, Dr. Prideaux, Dr. Warner, Dr. Ferne, and Dr. Morley, shall have the Leave of both Houses to go to the King; and to have the Speakers Passes to that Purpose.

"Resolved, &c.

"That the Commissioners now in the Isle of Wight have Power to agree among themselves, which of them shall come away and attend the Houses; leaving Three there, whereof One Lord and Two Commoners.

"Ex.

"Edm. Warcupp, Secr. Commiss."

"Newport, 6 Nov. 1648.

** The Commissioners Paper, desiring a full Answer to the Proposition concerning Nomination of Officers.

"We are commanded, by the Houses of Parliament, to acquaint Your Majesty, That Your Answer totheir Proposition concerning the Nomination of Officers is not satisfactory; and therefore we do humbly pray your further and full Answer to that Proposition.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The King's Paper consenting to continue the Treaty for 14 Days longer.

"CHARLES R.

"His Majesty doth consent to the Continuation of this Treaty for Fourteen Days longer, according to the Votes mentioned in your Paper of the 6th of this Month.

"Newport, 6 November. 1648.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The King's final Answer to the Commissioners Paper of the 6th Instant, concerning the Nomination of Officers.

"CHARLES R.

"His Majesty finding, by your Paper of the 6th of November, That (fn. *) His Answer of the 21th of October past, concerning the Nomination of Officers, is not satisfactory to His Two Houses; for a final Answer thereunto, doth consent as is desired, so as the Time for Nomination be limited to Twenty Years.

"Newport, 8 Nov. 1648.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The Commissioners Paper, upon Receipt of the King's Answer to their Paper concerning Nomination of Officers.

"Newport, 8 Novembr. 1648.

"Your Majesty having delivered in a Paper of this present 8th of November, as Your final Answer to our Paper of the 6th of November, concerning Nomination of Officers; we shall transmit the same to both Houses of Parliament; and go on in the Treaty, according to our Instructions.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The Commissioners Paper, desiring the King's Approbation of the Shorter Catechitm.

"Newport, 8 Novembr. 1648.

"We are commanded, by the Two Houses of Parliament, to present unto Your Majesty the Catechism herewith delivered; and we do humbly desire Your Majesty's Approbation of it.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The King's Paper in Approbation of the Catechism.

"CHARLES R.

"For a final Answer as to your Paper of the 8th of November, concerning the Catechism then presented unto His Majesty; He, calling to Mind His Proposition for a Consultation to be had with the Assembly of Divines, wherein this as well as other Things of this Nature may be considered and further established, doth give His Approbation thereunto, as is desired.

"Newport, 10th November, 1648.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The Commissioners Paper upon Receipt of the King's final Answer, in Approhation of the Shorter Catechism.

"Newport, 10 Novembr. 1648.

"Having received Your Majesty's Paper of this 10th of November Instant, as Your final Answer to ours of the 8th, concerning Your Majesty's Approbation of the Catechism therewith presented; we shall transmit the same to both Houses of Parliament; and go on with the Treaty, according to our Instructions.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

** The King's Answer to the Votes of the Parliament, concerning the Court of Wards.

"CHARLES R.

"His Majesty doth consent to the Votes of both Houses, of the 4th of November, concerning the taking away of Wards and Liveries, &c.; and for settling of One Hundred Thousand Pounds per Annum upon His Majesty, His Heirs and Successors, as is therein mentioned.

"Newport, 11th of Nov. 1648.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The Commissioners Paper upon Receipt of the King's Answer to the Votes of both Houses, concerning the Court of Wards, &c.

"Newport. 11 Novembr. 1648.

"Having received Your Majesty's Paper of this 11th Instant, signifying Your Acceptance of One Hundred Thousand Pounds per Annum, to be settled on Your Majesty, Your Heirs and Successors, in Lieu of the Court of Wards, as is expressed in the Votes of both Houses of the 2d Instant; we shall transmit the same to both Houses of Parliament; and go on with the Treaty, according (fn. *) to our Instructions.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

* * The Commissioners Paper, pressing for a full Answer to the Parliament's Desires concerning the L. of Ormond's Proceedings.

"Newport, 11 Novembr. 1648.

"We are commanded, by both Houses of Parliament, to acquaint Your Majesty, that Your Answer to their Desire, expressed in a Paper of the First of November, 1648, for Your declaring against the Proceedings of the Lord of Ormond in Ireland, is not satisfactory: And therefore we do again humbly desire Your Majesty's full Consent thereunto.

"Ex'r,

"Edm. Warcupp, Secr. Commiss."

Votes for banishing Four Commoners.

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

"That Sir Henry Lingen be One of the Seven that shall be banished.

"Resolved, &c.

"That Henry Hastings Esquire, now called the Lord Loughborough, be One of the Seven that shall be banished.

"Resolved, &c.

"That Major General Rowland Langherne be One of the Seven that shall be banished.

"Resolved, &c.

"That Sir John Owen be One of the Seven that shall be banished."

Ordinance to secure Money advanced for the Guards attending the Houses.

"Whereas the Lords and Commons assembled in Parliament did take into Consideration the great Necessity of having the Guards of Horse provided for and paid, (fn. *) and did order and ordain, by an Ordinance bearing Date the 16th of October, 1648, That whosoever should, by Way of Loan or otherwise, lend the Sum of Five Thousand Pounds, should be secured for so much more now owing upon the Public Faith of the Kingdom, with Interest at Eight Pounds per Centum, till the Whole were satisfied, out of the Sequestrations and Compositions of the Estates Real and Personal of George Duke of Buckingham, Sir Edmond Bowyer Knight, Wm. Stafford Esquire, and Sir Humphry Tracy: It is now further Ordered and Ordained, by the Lords and Commons in Parliament assembled, That, for the better Security and Encouragement of all those who have or shall bring in all or any Part of the said Money, that in case the said Sequestrations and Compositions of the said Estates shall not satisfy the Monies to be raised and secured upon the said Ordinance, that then the Excise in Course be, and is hereby, charged for the Payment of the Remainder of the said Ten Thousand Pounds, with Interest for the same, every Six Months, to be paid to such Person or Persons as shall advance the same, and be certified by the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall, to whom the Care of this Business is particularly committed to be so in Arrear and unpaid, of the Monies due upon or by virtue of the said Ordinance of the 16th of October last: And the Commissioners of the Excise for the Time being are required to pay the same accordingly; and the Acquittance or Acquittances of the Party or Parties so in Arrear, and certified as aforesaid, upon the said Ordinance, shall be a sufficient Discharge to the said Commissioners of the Excise; any Order or Ordinance of Parliament to the contrary notwithstanding."

Order for 4443l. 129. 4ds to Gould's Executors.

"Whereas, upon Report from the Committee of Accompts, it appears that the Sum of Four Thousand Four Hundred Forty-three Pounds, Twelve Shillings, Four Pence, is due unto William Gould, deceased, late Governor of the Fort and Island of Plymouth, and Colonel of Horse and Foot: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Sum of Four Thousand Four Hundred Forty-three Pounds, Twelve Shillings, Four Pence, be paid, in Course, out of the Receipts of the Grand Excise, unto Nicholas Gould Esquire, his Executors, Administrators, or Assigns, being Executor of the last Will and Testment of the said William Gould deceased, with Interest, from the Day of the Date hereof, to be paid every Six Months, out of the said Grand Excise, at the Rate of Eight Pounds per Centum, for the Sum of Two Thousand Pounds, Part of the said Sum of Four Thousand Four Hundred Forty-three Pounds, Twelve Shillings, Four Pence, and to continue until the said Two Thousand Pounds be paid: Provided always, That so much of the said Two Thousand Pounds as shall from Time to Time be paid, the Interest thereof is to cease and be abated accordingly: And the Commissioners of the Grand Excise for the Time being are hereby authorized and required to make Payment of the said Sum of Four Thousand Four Hundred Forty-three Pounds, Twelve Shillings, Four Pence, with Interest accordingly for the said Sum of Two Thousand Pounds, Part thereof; and the Receipt of the said Nicholas Gould, his Executors, Administrators, or Assigns, or either of them, shall be their sufficient Discharge in that Behalf."

Footnotes

* Origin. his.
* Sic.
Origin. this.
* Origin. this.
* Deest in Originali.
* Deest in Originali.