House of Lords Journal Volume 8
18 September 1646

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1767-1830

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'House of Lords Journal Volume 8: 18 September 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 495-498. URL: http://www.british-history.ac.uk/report.aspx?compid=34104 Date accessed: 17 September 2014.


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DIE Veneris, 18 Septembris.

Comes Manchester, Speaker.

Comes Northumberland.
Comes Salisbury.
Comes Stamford.
Comes Suff.
Comes Warwicke.
Comes Midd.
Comes Denbigh.
Comes Lincolne.
Viscount Say & Seale.
Ds. Maynard.
Ds. Howard.
Ds. Hunsdon.
Ds. North.
Ds. Willoughby.
Ds. Wharton.

Answer from the H. C.

Sir Edward Leech and Doctor Aylett return with Answer from the House of Commons:

1. That they agree to the Ordinance for Widows, with the Amendments sent them: (Here enter it.) And to the rest, they will return Answer by Messengers of their own.

Ordinance concerning Chester.

Report was made by the Committee for the Ordinance concerning Chester.

And after some Debate;

It was re-committed to the said Committee, to meet on Wednesday Morning next; and all Parties to have Notice, who are then to attend, and they shall be heard.

Order about a Letter from Sir George Ayscue.

An Order of the Admiralty was read, being reported to this House by the Earl of Warwicke, concerning a Letter from Sir George Ayscue, which was also read, and sent to the House of Commons.

Order about a Letter to Monsieur Sabran's Secretary.

Another Order of the Admiralty was read, dated 2 Sept. 1646, directing "That a Letter of the Mayor and Jurats of Saundwich, dated the 12 Sept. 1646, mentioning a Letter directed to Monsieur Sabrand's Secretary, should be imparted to this House."

Which Letter being brought into the House; it is Ordered, That the Clerk shall send the Letter to the Secretary belonging to Monsieur Sabrand, sealed, as it was brought into the House.

Thomas to command The Nonsuch;

An Order, That Captain William Thomas be Commander of the Great Frigate called The Nonsuch, was read, and Ordered to be sent to the House of Commons for Concurrence. (Here enter it.)

and Turner The Royalist.

An Order, That Thomas Turner be Commander of The Royalist Frigott, being fitted for a Packet Boat.

(Here enter it.)

Both reported from the Admiralty; and to be recommended to the House of Commons for their Concurrence.

Petition from Jersey, for the E. of Warwick to be continued their Governor.

The Petition of the Inhabitants of the Isle of Jersey, was read; (videlicet,)

"To the Right Honourable Lords of the House of Peers in Parliament assembled.

"The humble Petition of many well-affected Inhabitants of the Isle of Jersey, &c.

"Humbly shewing,

"That, the 25th of September, 1645, your Honours were graciously pleased to take in Consideration the poor and distressed Estate of the Isle; and thereupon Ordered, that the Right Honourable Earl of Warwicke should continue Twelve Months longer Governor thereof; which Time is even almost expired.

"The Premises considered;

"It is the Petitioners most humble Suit, that your Honours would be graciously pleased to continue his Honourable Lordship our Lord Governor; and to grant such Forces for the Reduction of the said Island as your Honours will in (fn. *) your incomparable Wisdom think meet.

"And your Petitioners, as in Duty bound, will ever pray, &c.

"Bela Rocque. Peter Dassigny, Minister. Sam. Delaplace.

"Mich. Burtcn.

"P. M. Eiservy. G. Dumaresq'.

"J. Homprey. Alermitte. Nicholas Blainpied.

"R. Delarocque."

Ordered.

"It is Ordered, by the Lords and assembled in Parliament, That Robert Earl of Warwicke be continued Governor of the Islands of Garnesey and Jersey for One whole Year next, after the Date hereof."

The House of Commons Concurrence to be desired herein.

E. of Portland's Petition for Relief;

The Petition of the Earl of Portland, read, directed to both Houses; and sent accordingly to the House of Commons, with this Sense of the Lords; (videlicet,)

to be commanicared to the H. C.

"The Lords being fully informed, that the Carriage of the Earl of Portland during his Abode at Oxford, in the King's Quarters, was far differing from others who have deserted the Parliament; and that, in this Particular, he always did maintain the Freedom of this Parliament against those that did by Words oppose it; and considering the Means of Fortune and the great Necessities that he lies under, for the Subsistence of himself, his Wife, and many Children; do recommend this his Petition to the House of Commons, that some speedy Consideration may be had for his Relief."

Petre, Lv. Lumley, Withypole, & al. about Ly. Fernor's Estate, a Lunatic.

Upon the Petition of Lucy Petre, Wife of William Petre Esquire, and Daughter to the Lady Farmer a Lunatic, wherein the Lady Viscountess Lumley and Henry Withipoole Esquire are concerned: It is Ordered, That the Cause between the said Parties, depending in this House, shall be heard this Day Five Weeks, by Ten of the Clock in the Morning, being the 23th of October next; and that, in the mean Time, the said Lady Farmer and her Estate shall remain free from Molestation, as in the Case of a Lunatic the Law doth provide.

L. Roberts to be Governor of Scilly:

Resolved, &c. That the Lord Roberts is hereby nominated and appointed to be Captain and Governor of the Islands of Silley, upon the now Rendition thereof.

The Concurrence of the House of Commons to be desired.

Countess of Berks and Ly. Wotton, not to be molested.

That Two Letters be written for the Countess of Berks, and One for the Lady Wootton, by the Earl of Manchester, to be sent into the several Counties whither they are to go, that they be not molested in their own Persons or Families; they having been some Time out of those Parts attending the Parliament.

Ordinances for Concurrence.

An Ordinance was read, for taking off the Sequestration of Mr. John Gifford's Estate. (Here enter it.)

Agreed to.

An Ordinance for taking off the Sequestration of Mr. Richard Oakelye's Estate. (Here enter it.)

Agreed to.

An Ordinance for taking off the Sequestration of James Coale's Estate. (Here enter it.)

Agreed to.

An Ordinance for taking off the Sequestration of Robert Middlemore's Estate. (Here enter it.)

Agreed to.

Committee at York to examine about Sir George Radcliff's Estate, which is compounded for by Elinhurst, and cut of which Money was ordered for Stewart and Grey.

Upon the Petition of Henry Stewart Esquire, read this Day in the House; shewing, "That, by Ordinance of Parliament, of the 6th of August, 1646, One Thousand Five Hundred Pounds was ordered to be paid to him, and Four Hundred Pounds to James Grey Merchant, out of the Estate of Sir George Radcliff; in Pursuance of which, the Petitioner repaired to the Committee of Yorke, they having sequestered the Lordship of Coulton, belonging to the said Sir George, for Delinquency; but since, one Richard Elinburst hath compounded with the Committee of Gouldsmiths Hall (amongst other Things) for the Moiety of the said Manor, whereby the said Parties are prevented of the Benefit of the said Ordinance, the said Elinburst's Name being conceived to be used but in Trust for the said Sir George, to defraud them."

It is therefore Ordered, &c. That the said Committee at Yorke are hereby authorized and required, forthwith after Sight hereof, to send for such Persons, and examine them upon Oath, as the said Henry Stewart shall desire to be brought before them concerning the said Elinburst's Estate in the Premises, whether it be upon valuable Consideration or not; and if not, that then they will settle the Petitioners according to the true Intent and Meaning of the said Ordinance.

Doctor Gibbon's Petition.

The Petition of Nicholas Gibbon Doctor in Divinity, and a Certificate touching the Doctor, were read; both which were referred unto these Lords following: (videlicet,)

E. Warwicke.
E. Manchester.
L. Wharton.

Who are to consider thereof, and report to this House; and to meet when they please.

Captain Aston &al. Officers of Duncannon Fort, Petition for their Pay.

The Petition of Captain Edward Aston, Lieutenant Lazarus Haward, and others, Officers of the Fort of Duncanon in Ireland, was read; shewing, "That they being employed in the Fort of Duncannon, under the Command of the Lord Esmond then Governor thereof, continued in that Service, till, for Want of Men and other Things necessary, the said Fort was surrendered, although to the Loss of near Two Thousand Men of the Rebels; yet they can get no Satisfaction towards their Pay.

"Now, in regard they were of Companies sent out of England, and supplied from your Honours, by reason of the Remoteness of the said Fort from any Friend Garrison; as also for that all the Accompts of the said Fort are kept here in England; neither can your Suppliants challenge any of their Pay in Ireland; being now driven to the most extreme Want, humbly pray your Honours, to grant a Reference to the Honourable Committee of the Affairs of Ireland, that thereby some speedy Course may be taken for their Relief in their extreme Want."

Ordered, To be recommended specially to the Committee of the Irish Affairs.

Message to the H. C. about the following Particulars.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett, with these Particulars:

1. With Sir George Aiscue's Letter.

2. The Resolution to make my Lord Roberts Governor of the Islands of Silly. Desire Concurrence.

3. That William Thomas be Commander of the Great Frigate. Desire their Concurrence.

4. That Thomas Turner be Commander of The Royalist Frigott. Desire their Concurrence.

5. The Earl of Portland's Petition, with the Sense of this House upon it.

6. That Mr. Halford be Minister of, in Gloucestersheir. Desire their Concurrence.

7. In the Ordinance for Mr. Harwood Minister. Concurrence desired.

8. That the Earl of Midd. may be Lord Lieutenant of Staffordsheir. Concurrence desired.

9. In the Ordinance for the Treasurers at Wars, with the Alterations. Concurrence desired.

Ordinance to clear Mr. Gifford of his Delinquency.

"Whereas John Gifford, of Brightley, in the County of Devon, Esquire, hath by both Houses of Parliament been admitted to his Fine of Eleven Hundred Thirty and Six Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint his Majesty's Solicitor General to prepare a Pardon to the said John Gifford for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 22th Day of May, 1646, with an Exception of the Right or Estate of the said John Gifford in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Gifford from a 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Gifford shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Protection for Ly. Wotton.

"Gentlemen,

"The Lady Margarett Wotton Dowager, Widow of Edward Lord Wotton deceased, having attended the Committee of Lords and Commons for Sequestrations, and being there cleared from Delinquency, and ordered to receive and enjoy a Third Part of her Estate, and being now to return to her House at Canterbury; I am commanded, by the Lords in Parliament, to require you, that she be protected in her own Person, and such as have Relation to her Family, and in her Goods and Estate, from all Violence or Injury; and that she be suffered quietly to reside at her said House, without any Molestation or Disturbance. Thus I rest

Sept. 23, 1646.

"Your very loving Friend,

"E. Manchester, Speaker of the House of Peers pro Tempore."

Another Letter was written, for her quiet Abode at in Kent.

Papers from the Committee for the Admiralty.

"Die Jovis, 17 Sept. 1646.

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

Letter to Monsieur Sabran's Secretary;

"Ordered, That the Letter to this Committee, from the Mayor and Jurats of Sandwich, with the Packet that came inclosed, directed to "Monsieur Chelieu, Secretary À Monsieur Sabran, Residen en Angleterre pour le Service du Roy," be reported to both Houses, that they may thereupon give such Order as they shall in their Wisdoms think meet; and the Earl of Warwicke is desired to report the same in the House of Peers.

"W. Jessop, Secretary."

Order for Captain Thomas to command The Nonsuch,

"Die Jovis, 17 Sept. 1646.

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

"Ordered, That Captain William Thomas be recommended from this Committee to both Houses of Parliament, for Command of the Greater Frigate lately built at Deptford, called The Nonsuch; he having served the Parliament formerly in several Expeditions at Sea with Courage and Fidelity.

"Wm. Jessop, Secretary."

and Captain Turner The Royalist.

"Die Jovis, 3 Sept. 1646.

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

"Whereas The Royalist Frigatt is ordered to be fitted for a Packet Boat betwixt the North of Ireland and England; Ordered, on the Motion of the Earl of Warwicke, That Tho. Turner be recommended to both Houses, for their approving of him to be Commander thereof for this next Winter's Expedition; he having served formerly as Pilot and Master's Mate in The Prince Royall and other Ships, under Command of the said Earl of Warwick.

"W. Jessop, Secretary."

Ordinance to clear Mr. Oakley of his Delinquency.

"Whereas Richard Oakely, of Oakely, in the County of Salopp Esquire, hath by both Houses of Parliament been admitted to his Fine of Four Hundred and Sixty Pounds, he having been a Commissioner for levying of Monies for Maintenance of the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Richard Oakely, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, for all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, to the said Richard Oakely, from the Fifth of August, 1646, with an Exception of the Right or Estate of the said Richard Oakely in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Richard Oakely 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Richard Oakely shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Cole of his Delinquency.

"Whereas James Cole, of Newcastle upon Tyne, Merchant, hath by both Houses of Parliament been admitted to his Fine of One Hundred Thirty and Six Pounds, Six Shillings, and Eight Pence, he having assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said James Cole, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 31th Day of January, 1645, with the Exception of the Right or Estate of the said James Cole in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said James Cole from a 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 Value than are herein expressed during Three Years before the Year of our Lord 1640, then the said James Cole shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to clear Mr. Middlemore of his Delinquency.

"Whereas Robert Middlemore, of Mosely, in the County of Worcester, hath by both Houses of Parliament been admitted to his Fine of Four Hundred Pounds, he having adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon for the said Robert Middlemore, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the 23th Day of June, 1646, with an Exception of the Right or Estate of the said Robert Middlemore in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Robert Middlemore from a 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Robert Middlemore shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance for 10,000 l. for Relief of Widows of Soldiers, Waggoners, and necessitous Persons.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That Ten Thousand Pounds be charged in Course, upon the Receipts of the Excise, upon the Grand Ordinance, together with Interest, after the Rate of Eight Pounds per Centum per Annum, payable at the End of every Six Months, for the same; which Ten Thousand Pounds shall be paid unto John Pococke, William Grcenhill, John Randall, and Richard Hutchinson, Treasurers, sitting at Christ Church, for maimed Soldiers (whose Acquittance, or of any Two of them, from Time to Time, shall be a sufficient Discharge unto the Commissioners of Excise in that Behalf), who shall issue the same, towards the Arrears, and for the Relief, of the poor Widows, Wives of Soldiers, Waggoners, Persons belonging to the Train of Artillery, and other necessitous Persons, who claim for Service done in the Wars for the Parliament, according to such Lists as shall be presented to the House of Commons by that Committee where Sir Thomas Dacres hath the Chair, for the Purposes aforesaid, and shall be allowed and approved of by both Houses of Parliament: And for the better and more speedy Supply of the said Persons, be it further Ordained, That if any Person or Persons shall lend or advance the said Ten Thousand Pounds, or any Part thereof, by Way of Loan, that every such Person or Persons, their Executors, Administrators, or Assigns, shall be paid and reimbursed the usual and respective Sum or Sums of Money which he or they shall so advance, together with Interest, for so long Time as the same, or any Part thereof, shall be forborn, out of the Receipts of the Excise, in Form and Manner aforesaid; and that the said several and respective Sums of Money advanced for the Use aforesaid be paid unto the said Treasurers in (fn. *) Manner aforesaid, whose Acquittance from Time to Time, or the Receipt or Receipts of any Two of them, together with the Receipt or Receipts of the particular Advancers or Lenders thereof, shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for Payment of the said Ten Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly."

Adjourn.

Adjourn, 10 Tuesday next.

Footnotes

* Origin. their.
* Deest in Originali.