House of Lords Journal Volume 8
29 January 1646

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1767-1830

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'House of Lords Journal Volume 8: 29 January 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 129-131. URL: http://www.british-history.ac.uk/report.aspx?compid=33945 Date accessed: 02 September 2014.


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DIE Jovis, 29 die Januarii.

PRAYERS.

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Warwicke.
Comes Midd.
Comes Essex.
Comes Sarum.
Comes Lyncolne.
Comes Suff.
Comes Denbigh.
Comes Northumb.
L. Viscount Say & Seale.
Ds. Howard.
Ds. Mountague.
Ds. Robertes.
Ds. Willoughby.
Ds. Wharton.

Preachers at the Fast thanked.

Ordered, That Mr. Hicks and Mr. Evans shall have Thanks given them, for their Pains in preaching Yesterday before the Lords of Parliament, at the Fast, in the Abbey Church; and that they be desired to print and publish their Sermons.

E. of Manchester to be Speaker.

Ordered, That the Earl of Manchester shall be Speaker of this House for a Month from this Day.

Ward to have 200 l. per Ann. settled on him, issuing from the sequestered Estate of Sir R. Thorold.

Upon reading the Petition of John Ward, Clerk; shewing,

"That he hath Two Hundred Pounds per Annum, in the Right of his Wife, issuing out of the Lands of Sir Rob't Thorold, which are in Sequestration; and the Committee at Grantham alledge, that the Lands lie convenient for the Garrison of Grantham, the Horses of Colonel Rossiter do eat up the whole Profits of those Lands, whereby he is wholly disappointed of his said Two Hundred Pounds per Annum; and he appealing to the Committee of Lords and Commons for Sequestrations; who answered, They had no Power, as this Case is, to relieve him; which makes him petition this House for Relief herein."

Hereupon this House thought it fit to refer it to the Committee of Lords and Commons for Sequestrations, to end and settle the said Two Hundred Pounds upon the Petitioner, if they can; else to report to this House: And that this Petition be sent down to the House of Commons, for to desire their Concurrence herein.

Winche, Sheriff of Hunt. Leave to reside out of the County.

It was moved, "That Mr. Onslow Winche, late of Everton, in the County of Huntingdon, Esquire, being appointed by both Houses of Parliament to be High Sheriff for the Counties of Huntingdon and Cambridge for the Year ensuing; and whereas his present Residence and Habitation is out of the said Counties, and that he cannot without great Prejudice answer the Strictness of the Sheriff's Oath in Point of Residency: It was desired, that he may continue his Residence, and Abode in his own House where he hath his present Habitation and Dwelling, he formerly having been Sheriff of Bedfordshire, and enjoyed the like Freedom and Dispensation of his Abode elsewhere from His Majesty,"

Hereupon this House granted his Desire; and Ordered, That the Concurrence of the House of Commons be desired herein.

Ryley versus Brown, for Abuses in the Herald's Office.

Upon hearing the Complaint of Ryley, against Robert Browne, for imbezzling the Original Pedigrees of divers of the Nobility:

It is Ordered, That the Book of Accompts in the Heralds Office shall be brought into this House on Monday next; and that the Chairman of the Committee of Examinations of the House of Commons be desired, that the Pedigrees remaining with that Committee may be brought into this House at the same Time.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer to the Message sent to the House of Commons:

That they agree to the Alterations in the Instructions concerning Reprisals: (Here enter them.) And for the Lord Balmerino to be added to the Assembly: And they agree to the latter Part of the Message concerning the Lord Savill, for the Committee to meet this Afternoon.

Committee of Privileges.

Ordered, That the Committee for Privileges do meet To-morrow in the Afternoon.

Ordinance to pay 32000 l. to the City.

Ordered, That the Committee for the Ordinance for Thirty-two Thousand Pounds do meet To-morrow in the Afternoon.

Ld. Savill and the E. of Newport to attend the Committee.

Ordered, That the Earl of Newport and the Lord Savill be brought this Afternoon before the Committee concerning the Lord Savill.

Message to the H. C. about the Ordinance for Covent Garden Church;

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To desire their Concurrence in the Addition to the Ordinance concerning The Covent Garden.

and Mr. Winche's and Mr. Ward's Business.

2. To desire their Concurrence in Mr. Winche's Business.

3. To desire their Concurrence, in referring the Petition of Mr. Warde to the Committee of Lords and Commons for Sequestrations, to do what they can to end the Business of settling the Two Hundred Pounds per Annum, if they can; or else to report the same to this House.

Colonel Lilborne's Sentence in the Star-chamber.

Ordered, That Mr. Rous be sent to, to desire the Votes and the rest of the Papers concerning Lieutenant Colonel Lylborne may be brought to this House against To-morrow Morning, according to the Order of the House of Commons.

Chambers to be instituted to Pewsey.

Ordered, That Sir Nathaniell Brent shall give Institution and Induction to Humphry Chambers Clerk, to the Rectory of Pewsye, in the County of Wilts, presented to the same by the Right Honourable the Earl of Pembrooke and Mountgmery.

Ordered, That the Lord Roberts do make the Report of the last Conference with the House of Commons.

Ordered, by the Lords in Parliament assembled, That Sir Nathaniell Brent Knight, Vicar General, or such other as he shall appoint, are hereby authorized and directed, upon Sight of this Order, to institute and induct Humfrey Chambers Clerk, to the Rectory of Pewsye, in the County of Wilts; the said Mr. Chambers producing his Presentation thereunto, under the Hand and Seal of the Right Honourable Phillipp Earl of Pembrook and Mountg. Patron: And this to be a sufficient Authority in that Behalf.

Brookes to be instituted to Puttingham.

Ordered, by the Lords in Parliament, That Mr. Doctor Aylett, or such other as he shall appoint, are hereby authorized and directed, upon Sight of this Order, to institute and induct Richard Brookes Clerk, to the Rectory and Parish Church of Puttingham, in the County of Hertford; the said Mr. Brookes producing his Presentation thereunto, under the Hand and Seal of Thomas Saund'rs Esquire, Patron: And this to be a sufficient Authority in that Behalf.

Instructions concerning Reprisals.

"Whereas the Committee of Lords and Commons for the Admiralty and Cinque Ports are, by an Ordinance of both Houses of Parliament, authorized and enabled to do and execute all such Things as appertain to the Office of Lord High Admiral of England; and whereas it is Ordained, by another Ordinance of Parliament, dated 30 Novembr. 1643, That it shall and may be lawful for any His Majesty's good Subjects, that shall be approved, and thereunto appointed by the Lord High Admiral of England appointed by both Houses for the Time being, in warlike Manner, to equip, arm, furnish, man, and set out to Sea, such and so many Ships as they shall think fitting, and with the same to seize, surprize, and take, all and all Manner of Ships and Vessels which they shall meet withall, in or outwards bound, from any Port or Place within any His Majesty's Dominions being in Hostility against the Parliament, or coming from or returning to any such Port or Place, or that shall be found to have traded with the Inhabitants of any such Port or Place since their Defection from the King and Parliament; and also to seize, surprize, and take, all and all Manner of Ships and Vessels belonging to any Rebel or Rebels in Ireland, together with the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers, in the said Ships; and further, to surprize and take all and all Manner of Pirates and Sea Rovers, of what Nation soever, and their Ships and Goods whatsoever; and that the Ships to be so employed shall have Liberty to seek and take their Purchase where and how they please, according to such Instructions as shall from Time to Time be given them by the Lord High Admiral of England, or the Commissioners of the Admiralty, appointed by both Houses, for the Time being: And whereas this Committee hath been petitioned, by Owners of the Ship The, for our approving of them to employ the said Ship, under Command of Captain, in Execution of the Powers granted by the said Ordinance; we do hereby signify and declare, That we have approved and appointed, and do hereby approve and appoint, the said Petitioners, in warlike Manner, to equip, furnish, and arm, the said Ship The , and to place in her a competent Number of Soldiers, Mariners, and Gunners, with necessary Arms and Provisions; and the same, so manned, equipped, armed, and provided, to set forth to Sea, under the Command of the said Captain ; and the said Captain to employ the said Ship for doing and performing the Services hereafter mentioned; (that is to say,) for the seizing, taking, and surprizing, of all Ships and Vessels belonging to any of His Majesty's Subjects, which the said Ship shall meet withall, in or outwards bound, from any Port or Place within any of His Majesty's Dominions being in Hostility against the Parliament, together with all the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers, therein; as also for the seizing, surprizing, and taking, of all and all Manner of Ships and Vessels whatsoever, with the Ordnance, Ammunition, Victuals, and Goods therein, belonging to any Rebel or Rebels in Ireland; and also the Ships and Goods of any other Person whatsoever, Foreigner or other, which shall be going to, or coming from, any Port or Place in Ireland, in Hostility against the Parliament; as also for the seizing, surprizing, and taking, of all and all Manner of Ships and Vessels, belonging to any Foreigner or Foreign Nation, going to any Port or Place in Hostility against the Parliament, with Arms, Ammunition, or other Contrabando Goods, for Supply of the Forces raised against the Parliament; and adjudging and condemning the same, together with the Goods themselves, and all such other Goods as belong to the Master or the Laders of such Contrabando Goods; as also for the seizing, surprizing, and taking, of all Pirates and Sea Rovers, of what Nation soever, and their Ships and Goods whatsoever, according to the Authority, Meaning, and true Intent, of the said Ordinance of the 30th of November, 1643: Provided, That, before the going forth of the said Ship, the said Captain , together with the Master and principal Officers thereof, or such other sufficient Persons in their Behalf as shall be accepted of by the Judge of the Admiralty for the Time being, do and shall enter into Bond of Two Thousand Pounds, in the Admiralty Court, with Condition, That neither the said Commander of the said Ship, nor the Master or Company, or any of them, shall, under Pretext of the said Ordinance, or of these Instructions, spoil or damage any of the King's Subjects, nor any of the Friends or Allies of the Kingdom, other than such as are intended by the said Ordinance and these Instructions; as also that, for Justification of the Prize or Prizes that the said Commander shall take, he shall bring into the Registry of the High Court of Admiralty all such Cockets, Bills of Lading, and other Documents and Writings, as he, or any of his Company, shall take or find in any such Ship or Vessel; and shall bring in with every such Ship or Vessel Two or Three of the principal Officers thereof, taken in the same, to be examined by the Judge of the Admiralty, or such as he shall appoint, concerning the Property of the said Ship, Vessel, or Goods therein, and to such other Questions and Interrogatories as he shall think fit to administer in that Behalf; and also that neither he nor they, nor any of them, shall break Bulk, spoil, waste, or diminish, any of the said Ships or Goods, until they shall be adjudged in the High Court of Admiralty to have been lawfully taken, according to the true Intent and Meaning of the said Ordinance and these Instructions, and a true and just Inventory and Appraisement be taken and made of the same; and the Judge of the Admiralty is hereby prayed and required to take Bond accordingly, and to certify the same under the Seal of the Admiralty Court; without which, no Benefit is to accrue to the said Commander, Officers, Mariners, or any others interested in the said Ship, by any Thing done in Pursuance thereof; and the said Captain shall truly pay and deliver, to such Collectors or Receivers as both Houses of Parliament, the Committees of the Admiralty, or the Lord High Admiral for the Time being (appointed by both Houses of Parliament), have or shall appoint, the full Tenths of every such Prize as shall be taken by virtue of the said Ordinance or these Instructions.

Privateers to be fitted out, according to these Instructions.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee for the Admiralty do give Instructions to such fit Persons as shall desire to set forth Ships as Private Men of War according to the Tenor aforesaid; notwithstanding any former Order or Ordinance to the contrary."