House of Lords Journal Volume 8: 11 August 1646

DIE Martis, 11 die Augusti.

PRAYERS, by Mr. Ash.

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons to the last Message sent by them:

That they will send an Answer by Messengers of their own.

Paper concerning the Winter Fleet.

The Earl of Warwicke reported a Paper from the Committee for the Admiralty, concerning Preparation of the next Winter's Fleet; which was read, and approved of. (Here enter it.)

Overton committed to Newgate, for Contempt, and printing scandalous Pamphlets.

The Earl of Essex reported to the House, "That the Committee for the scandalous Papers had sent for one Overton, who refuses to answer to any Thing, concerning the Printing of the scandalous Pamphlets brought into this House; and that there are written Papers found in his House, but he refuses to tell whose Writing they are."

Hereupon the House commanded he should be brought to this Bar; which accordingly he was.

And the Speaker demanded of him, "Whether he was a Printer?"

He answered, "He was not bound to answer to any Interrogatories to accuse himself, he being a Freeborn Subject."

And the said Overton carried himself in an insolent Manner, both by Words and Gestures.

Hereupon it is Ordered, by the Lords in Parliament assembled, That Overton, brought before a Committee of this House for printing scandalous Things against this House, is hereby committed to the Prison of Newgate, for his high Contempt offered to this House, and to the said Committee, by his contemptuous Words and Gestures, and refusing to answer unto the Speaker; and that the said Overton shall be kept in safe Custody, by the Keeper of Newgate or his Deputy, until the Pleasure of this House be further signified.

Montrleul the French Agent's Trunk, taken away, to be brought to the C.er. Parl.

A Paper was read, from Monsieur Montreul, the French Agent, "That his Portmantle is taken away, coming up to London."

Hereupon this House thinks it fit, that the said Portmantle be put into the Hands of the Clerk of the Parliaments, there to remain till the Pleasure of both Houses be further signified; and the Concurrence of the House of Commons to be desired herein.

E. of Cleveland, a Month longer Leave.

Ordered, That the Earl of Cleveland shall have a Month's further Time allowed him to be in the Country, upon the same Security as he stands bound in to this House, in regard of the Sickness near The Tower; and the Concurrence of the House of Commons to be desired herein.

Howard & al. a Pass.

Ordered, That Mr. Wm. Howard and Mr. Phillip Howard, with Four Servants, shall have a Pass, to go into Holland; and the Concurrence of the House of Commons to be desired herein.

Message to the H. C. about Montrieul's Trunk.

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

1. To deliver to them the Paper of Monsieur Montreul, and desire their Concurrence, that his Portmantle may be delivered into the Hands of the Clerk of the Parliaments, there remain until the further Directions of both Houses.

E. of Cleveland's Leave;

2. To desire that the Earl of Cleveland may have a Month's longer Time than is already allowed him to be in the Country, in regard of the Sickness near The Tower.

and about Howards Pass.

3. To desire Concurrence, that Mr. Wm. Howard and Mr. Phillip Howard, with Four Servants, may have [ (fn. 1) a Pass,] to go into Holland.

L. Campden, Leave to apply to the H. C. about his Composition.

Upon reading the Petition of the Lord Viscount Campden; "complaining of the Greatness of his Fine of his Composition set by the Committee at Gouldsmithes Hall; desires Leave of this House (he being a Peer of this Realm) to apply himself to the House of Commons for his Relief therein:"

And it is Ordered, That this House leaves it to his Lordship to apply himself to the House of Commons, if he shall think fit.

Lord's Fines for their Compositions to be considered.

It was moved, "That this House will take into Consideration the great Fines which the Peers of this Realm are set at for their Compositions at Gouldsmithes Hall, being far greater than their Estates are able to bear:"

It is Ordered, That this Business be committed to the Consideration of the whole House; and on Thurs day next the Ordinance concerning Gouldsmithes Hall to be perused.

Stephenson to be instituted to Roos.

Ordered, That Doctor Aylett shall give Institution and Induction to Anthony Stephenson, to the Rectory and Church of Roos, in the County of Yorke; being presented thereunto by the Countess of Exon.

Riots in Hatfield Chace to be prevented.

Upon reading the Petition of the Participants in the Draining of the Level of Hatfield Chace, "complaining of a Riot in Hatfield Chace:"

It is Ordered, That the Sheriff be sent to, to give an Account why he doth not prevent Riots of this Nature, according to a former Order given him by this House.

L. Cromwell's Petition, to take off his Sequestration.

Upon reading the Petition of the Lord Cromwell; desiring "his Sequestration of his Estate may be taken off:"

It is Ordered, That it be recommended to the House of Commons, that some Consideration may be had of his Lordship.

L. Mohun to take the Covenant.

Upon reading the Petition of the Lord Mohun; shewing, "That he, having taken the Negative Oath, desired he might be set at Liberty, and his Recognizance in this House discharged."

But because this House was informed, "That his Lordship hath not taken the solemn League and Covenant;" the Earl of Sarum and the Lord Robertes were appointed to tender him the Covenant; and then his Lordship is to be released, and his Recognizance discharged.

Willoughby's Ordinance.

The Ordinance for taking the Sequestration off Mr. John Willoughbie's Estate, was read, and Agreed to.

(Here enter it.)

Shallet's Ordinance.

The Ordinance for Discharge of the Sequestration of Francis Shallet, Richard Price, and Ric'd Turner, was read, and Agreed to. (Here enter it.)

Ordinance for Peters to have 200 l. out of E. of Worcester's Estate,

The Ordinance for giving Two Hundred Pounds per Annum to Hugh Peters Minister, out of the Earl of Wor'ster's Estate, at Acton, in the County of Midd. was read Twice.

And it being put to the Question, "Whether this Ordinance shall be committed?"

It was Resolved in the Negative.

Then the said Ordinance was read the Third Time.

Rejected.

And the Question being put, "Whether to agree to this Ordinance brought up from the House of Commons?"

It was Resolved in the Negative.

L. Mohun released.

The Earl of Sarum and the Lord Robertes reported to this House, "That the Lord Mohun hath taken and subscribed the solemn League and Covenant."

Hereupon the House Ordered, That his Restraint be taken off, and his Recognizance discharged.

Papers taken in Overton's House.

Ordered, That the Papers which were found in Overton's House shall be delivered to the Committee, and referred to the Committee to consider of them; and the Committee to consider of some Way how the Persons that discovered the said Papers may be rewarded for their Pains.

Rookes & Uxor.

Ordered, That the Cause between Mrs. Rookes and her Husband shall be heard, at this Bar, this Day Sevennight.

Ordinance for selling Delinquents Estates.

Ordered, That the Ordinance for selling Delinquents Estates shall be read the Second Time on Thursday next.

E. of Salisbury sworn One of the Commissioners of the Great Seal.

This Day being appointed for the Earl of Sarum to be sworn One of the Commissioners of the Great Seal of England, and to have the Seal delivered to him in the Presence of both Houses; the House of Commons being come, with their Speaker, brought in by the Gentleman Usher of the Black Rod, the Commissioners of the Great Seal were called in with the Great Seal.

The Earl of Kent, One of the Commissioners, having taken his Place as a Peer of this Realm, came down to the Bar, and received the Great Seal from the other Commissioners, who delivered it to the Clerk of the Parliaments; and by him it was presented to the Speaker of the House of Peers, and laid upon his Woolsack.

Then the Earl of Sarum came to the Clerk's Table, and had these several Oaths administered unto him:

1. The Oaths of Supremacy and Allegiance, by the Clerk of the Parliaments.

2. The Oath for discharging the Place of Commissioner of the Great Seal of England; read to him by the Speaker of the House of Peers.

3. The Oath appointed to be taken by the Bill for the Triennial Parliament.

Which Oaths being administered, the Speaker of the House of Peers carried the Great Seal of England down to the Bar, and did deliver the same to the Earl of Sarum to keep, with the rest of the Commissioners, in the Place of the Earl of Bolingbrooke, deceased.

Seals brought from Oxford broke.

After this, the Speaker of the House of Commons said, "That, both Houses having Ordered that the Seals taken by the General at Surrender of Oxford should be defaced and broken in the Presence of both Houses, he had accordingly brought them:"

And being produced, they were defaced and broken, in the Presence of both Houses; videlicet,

1. The Great Seal made at Oxford, being Silver.

2. The General Seal of the Court of King's Bench, being Silver.

3. The Seal of the Exchequer, being Silver.

4. The Seal of the Court of Wards and Liveries, being Silver.

5. The Seal of the Court of Admiralty, being Brass.

6. The Seal of the Prerogative Court, being Lead.

Privy Seal, &c. to be kept with the Great Seal.

This being done, the Speaker of the House of Commons presented the Seals of the Signet-office, being Three, all of Gold; and also Four Seals for Foreign Letters, being of Brass; and likewise the Privy Seal, which was of Silver.

And it is Ordered, by the Lords, That the said Seals be delivered to the Earls of Kent and Sarum, to be kept in the same Place where the Great Seal of England is; which was accordingly done, by the Speaker of the House of Peers.

Message to the H. C. that the Speakers may have the broken Seals.

Ordered, That the Seals which were this Day broken shall be bestowed upon the Speaker of the House of Peers and the Speaker of the House of Commons.

And a Message was sent presently to the House of Commons, by Doctor Aylett and Doctor Heath, to desire Concurrence herein.

Ordinance to clear Willoughby of his Delinquency.

"Whereas John Willoughby, of Payhenbury, in the County of Devon, Esquire, hath by both Houses of Parliament been admitted to his Fine of Five Hundred Pounds, for that he assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said John Willoughby, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the 11th Day of February, 1645, with an Exception of the Right or Estate of the said John Willoughby in or to all Advowsons, Presentations, and Rights of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Willoughby from any further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Willoughby shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Ordinance to clear Shallet, Pierce, and Turner, of their Delinquency.

"Whereas Francis Shallett, of Chichester, in the County of Sussex, Gentleman, Richard Peirce, of Chichester, and Richard Turner, of Beardham, in the said County, Gentlemen, have by both Houses of Parliament been admitted unto their Fines; (videlicet,) the said Francis Shallett to his Fine of Ninety-five Pounds; the said Richard Peirce to his Fine of Eighty-four Pounds; and the said Richard Turner to his Fine of Sixty Pounds; for that they have been in Arms against the Parliament: The Lords and Commons in Parliament assembled do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Francis Shallett, Richard Peirce, and Richard Turner, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of their Lands, Goods, and Chattels, and other Estate for which the said Fines were accepted, according to the Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits; videlicet, to the said Francis Shallett from the 30th of December, 1645; to the said Richard Peirce, from the 28th of February, 1645; and to the said Richard Turner, from the 15th of December, 1645; with an Exception of the Rights or Estates of the said Francis Shallett, Richard Peirce, and Richard Turner, in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Francis Shallett, Richard Peirce, and Richard Turner, from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particulars aforesaid; and that, in case the said Lands mentioned in the said Particulars were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Francis Shallett, Richard Peirce, and Richard Turner, shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Paper from the Committee of the Admiralty, concerning the Winter Fleet.

"Die Martis, 4 Augusti, 1646.

"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"The Committee did this Day take into Consideration, that the Victualling of the Summer Guard will begin shortly to expire; and that it is necessary to have a Resolution speedily given touching the next Winter Guard, that Preparations may be made accordingly: And whereas there were employed in the last Winter's Expedition Thirty-eight Ships, which did bear about Two Thousand Nine Hundred Men; this Committee conceives it fit, that Forty Vessels great and small (whose Names are contained in the List annexed), videlicet, Thirty-six of the King's Ships and Frigates, Three Merchants Ships, and Two small Frigates, employed on the Coast of Ireland as Packet-boats (the whole Number of Men borne upon them all amounting unto Two Thousand Nine Hundred and Seventy-eight), be prepared and furnished for the next Winter's Expedition: And it is Ordered, That Report be made thereof to both Houses of Parliament, that, if they shall declare their Approbation in that Behalf, Preparation may be made accordingly.

"W. Jessop, Secretary.

"A List of such Ships are are presented to the Approbation of both Houses, by the Committee of Lords and Commons for the Admiralty and Cinque Ports, for the Winter Guard, 1646.

"King's Ships and Frigates.

"Merchants Ships.