House of Lords Journal Volume 8
28 November 1646

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1767-1830

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'House of Lords Journal Volume 8: 28 November 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 581-583. URL: http://www.british-history.ac.uk/report.aspx?compid=34149 Date accessed: 22 September 2014.


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DIE Saturni, 28 Novembris.

PRAYERS, by Mr. Corbet.

Domini præsentes fuerunt:

Comes Manchester, Speaker.
Comes Kancie.
Comes Pembr.
Comes Lincolne.
Comes Sar.
Comes Warwici.
Comes Denbigh.
Vicecom. Say & Seale.
Comes Middlesex.
Comes Rutland.
Comes Northumb'land.
Ds. Grey.
Ds. North.
Ds. Wharton.
Ds. Willoughby.
Ds. Maynard.
Ds. Mountagu.
Ds. Howard.
Ds. Dacres.

Answer from the H. C.

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

1. That they agree to give a Conference, at the Time desired.

2. They agree to the nominating of the Earl of Rutland to be Justice in Eyre beyond Trent.

3. That they have appointed a Day to take the Lord Grey of Wark's Business into Consideration; and they will send an Answer by Messengers of their own.

Ordinance to grant an Estate of 200£. per Ann. to Peters.

The Lord Wharton reported from the Committee the Ordinance for giving Lands to Mr. Hugh Peters; which the Committee thinks it fit to pass, as it came from the House of Commons, without any Alteration.

The said Ordinance for Mr. Peters read the Third Time. (Here enter it.)

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

And it was Resolved in the Affirmative.

Protest against it.

Memorandum, That these Lords following, before the putting the aforesaid Question, desired Leave of the House to enter their Dissents, if this Question was carried against their Votes; which being granted, they do accordingly enter their Dissents, by subscribing their Names.

"T. Lyncolne.

W. Maynard."

Ordinance to expedite the One for Sale of Bishops Lands'.

The House was adjourned into a Committee, during Pleasure, to take into Consideration the Ordinance for Explanation and better putting in Execution the Ordinance for selling of Bishops Lands.

The House being resumed;

The Question was put, "Whether to pass this Ordinance, with the Addition of Lords Names."

And it was Resolved in the Affirmative.

Ordinances for Concurrence.

Ordinance H. C. That Sir Richard Gourneye's House in The Old Jury shall be made an Office for the Officers touching the Sale of Bishops Lands, was read, and passed. (Here enter it.)

Ordinance H. C. with an Oath therein contained, touching Archbishops and Bishops, and the Sale of their Lands. Read, and passed. (Here enter it.)

Ordinance concerning the Register for Sale of Bishops Lands.

The Ordinance concerning Tickets to be returned to the Register appointed by the Ordinance for Sale of the Bishops Lands, was read, and Agreed to, with some Alterations; and the Concurrence of the House of Commons to be desired therein.

Papers from the Admiralty Committee.

The Earl of Warwick brought into this House these Papers ensuing from the Committee of the Lords and Commons for the Admiralty:

Officers of the Vice Admiralty of South Wales.

"Die Jovis, 15 Octobris, 1646.

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

"On Recommendation from the Earl of Pembroke, Vice Admiral of South Wales, signified by Mr. Oldsworth, a Member of the House of Commons; Ordered, That the Persons hereafter named be presented to the Approbation of both Houses of Parliament, for Officers of the said Vice Admiralty; videlicet, Henry Lloyd of Carm'rthen Gentleman to be Judge, Lewis Davis of the County of Pembroke to be Register, and Lewis Rice of the said County, to be Marshal.

"W. Jessop, Secretary."

Agreed to.

Order for the Committee almost expired.

"Die Jovis, 26 Novembris, 1646.

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

"Ordered, That it be reported to both Houses of Parliament, That the Order of both Houses, whereby this Committee is continued for Six Months from the 19th of June last, will expire the 3rd of December next coming (reckoning Twenty-eight Days to the Month); that the Pleasure of the Houses about disposing of the Affairs of the Admiralty may be thereupon declared."

For the Jurisdiction of the Admiralty Court to be established, and a Judge appointed.

"Die Jovis, 26 Novembris. 1646.

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

"On Consideration of a Remonstrance from the Dutch Ambassador, and several Petitions from certain Masters of Dutch Ships and others; praying, that some Course may be speedily directed, for the proceeding and determining of several Causes now depending in the Admiralty Court, wherein there is at present a Stop, through the Vacancy of the Judge's Place; Ordered, That Representation be made to both Houses of Parliament, of the great Obstruction of Justice, occasioned by the not supplying of the said Judge's Place; together with this Committee's Desire, That, in order to the settling thereof, they will please to establish the Jurisdiction of the Admiralty Court with the First Opportunity."

Recommended to the House of Commons, for a Dispatch, in settling a Judge of the Admiralty.

Message to the H. C. with these Papers;- about L. Buckland's Business;-and to defer the Conference about the Earls of Northumb. and Pemb.

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

1. To deliver to them the Order for continuing of the Committee for the Admiralty for Six Months, from the Date of this Order.

2. To deliver the Paper reported this Day from the Committee of the Admiralty and Cinque Ports, concerning the Approbation of the Persons to be named to be Officers of the Vice Admiralty in South Wales, and desire their Concurrence therein.

3. To deliver to them the Paper also reported, concerning settling the Court of Admiralty; and recommend it to them, that some Course may be taken for expediting the settling of that Court.

4. To put them in Mind of the Ordinance remaining with them, concerning Gouldsmithes Hall.

5. To put them in Mind of the Lord Buckhurst' Business.

6. To desire the Conference desired this Day may be put off till Monday Morning next, at Eleven of the Clock.

L. Baltimore to be heard, about his Patent for Maryland.

Upon reading the Petition of the Lord Baltimore, desiring "to be heard before any Resolution be taken concerning his Patent about the Plantation at Maryland."

It is Ordered, That he shall be heard, by his Counsel, at this Bar, on Tuesday come Three Weeks.

Sir E. Dodsworth's Ordinance.

The Ordinance concerning Sir Edward Dodsesworth, was read, and passed. (Here enter it.)

Trelawny and Ridnall.

Upon hearing of Ridnall and Trelawny, who was brought by Habeas Corpus to this House: It is Ordered, That the said Trelawny shall be remanded to the Prison from whence he came, because he refuses to give Satisfaction to the reasonable Demands of Ridnall.

Walter & Uxor.

Upon reading the Petition of Wm. Walter: It is Ordered, That the Arrears formerly ordered should be paid to his Wife, for her Alimony, shall be suspended; he leaving her in Possession of the Lands mentioned in a former Order of this House; and the Cause to be heard on the same Day as is appointed.

Letter from Col. Mitton.

A Letter from Colonel Mytton, concerning the late Archbishop of Yorke, was read. (Here enter it.)

Mosely to be instituted to St. Lawrence.

Ordered, That Dr. Aylett shall give Institution and Induction to Mosely Minister, to the Church of St. Lawrance, in the Isle of Wight; presented thereunto by Sir Henry Worseley Baronet, the Patron; the said Mr. Mosely taking the Covenant: And this with a salvo Jure cujuscunque.

Patrons to present their Ministers to the Houses.

Ordered, That an Ordinance be drawn, That Patrons shall present their Clerks to the Two Houses of Parliament, now Bishops are taken away; and the same to be brought into this House.

Huc usque exam. per nos,

T. Lyncolne.

Mulgrave.

Letter from Col. Mittion, recommending the Abp. of York for his great Services in assisting him in the Reduction of Carnarvon and Conway, &c.

" Right Honourable,

"Understanding that my Lord of Yorke hath been formerly known unto your Honour, and that you have been some happy Means to reduce him unto the Service of the Parliament, whereby I found him very pliable to those Engagements which I received from him, and wherewith he hath (from the First Hour until now) most punctually complied; I do presume to assure your Lordship, by these few Lines, upon this Occasion of taking-in of the Castle of Conway, that I have found from this worthy Personage that real and continued Assistance, in the Service of the Parliament, for these Six or Seven Months, that I cannot say I found the like from any other: He had garrisoned his House for the Parliament before my entering upon this County, was the First who openly owned and received me and my Forces, assisted me with Men at the Siege of Caernarvon, blocked in (with some Assistance I sent him) the Town of Conwaye, and saved the Country round about from Plundering, drew me by his Advice to storm that high-walled Town, and never did take off his Hands from your Business until this Day that the Castle was surrendered; which, being a Truth so generally known in all these Parts, I held myself bound in Honesty to impart unto your Lordship, and by your Lordship (if your Honour please) unto that most Honourable House. And so, humbly taking my Leave, I rest

"Your Honour's

Conway, the 10th of Nov. 1646.

"Most humble Servant,

"Thc. Myttgn.

"To the Right Honourable Edward Earl of Manchester, Speaker of the Right Honourable the House of Peers: These humbly present."

Ordinance to grant an Estate of 200£ per Ann. to Mr. Hugh Peters.

" The Lords and Commons assembled in Parliament, taking into their Consideration the great and faithful Services performed unto this Kingdom by Mr. Hugh Pceters, Minister of God's Word: For the Encouragement of him and others in the like faithful Discharge of the Public Service wherein they are or shall be intrusted, have Resolved, for the better Support of him, and his Family and Posterity, to settle upon him and his Heirs, Lands, Tenements, and Hereditaments, of the clear Yearly Value of Two Hundred Pounds, above all Charges and Reprizes; and, in Performance thereof, do Order and Ordain, and be it hereby Ordered and Ordained by the said Lords and Commons, That the said Hugh Peeter, his Heirs and Assigns, shall have and enjoy the Lands, Tenements, and Hereditaments, hereafter mentioned, lying and being in the Parish of Church Honniburne, in the County of Worcester, being Part of the Estate of the Lord Harbert now called the Earl of Glamorgan, and of Henry Earl of Worcester his Father, or of Sir John Somersett another Son of the said Earl, being Popish Recusants, and who have borne Arms against the Parliament in this unnatural War, or of some or One of them; that is to say, all that Pasture Ground called The Greate Leasowe, with the Meadows thereunto adjoining or belonging, or therewith used, now or late in the Tenure or Occupation of William Stephens or his Assigns; all that Pasture Ground called The One Hundred Ewes Leasowe, with the Messuage and Meadow Grounds therewith used or thereto belonging, now or late in the Occupation of Phillips Widow, or her Assigns; One Pasture Ground, with a Meadow thereto belonging or adjoining, or therewith used, called by the Name of The Old Gourd; to have and to hold the said Lands, Tenements, Hereditaments, and Premises, with their and every of their Rights, Members, and Appurtenances, and the Reversion and Reversions, Remainder and Remainders thereof, to him the said Hugh Peeter, his Heirs and Assigns for ever; to be held of His Majesty, His Heirs and Successors, in Free and Common Soccage, and of His and Their Manor of East Greenew'ch: And the said Hugh Peeter and his Assigns shall have and receive all the Rents, Issues, and Profits, of the said Lands and Premises, since the Five and Twentieth Day of March last past, notwithstanding any Sequestration or other Disposition thereof made by virtue of any Ordinance of Parliament: Saving to all and every Person and Persons, Bodies Politic and Corporate (other than the said Earl of Worcester, Lord Harbert, and Sir John Som'sett, or any others that have or claim any Estate to the Use or in Trust for them the said Henry Earl of Worcester, Lord Herbert, and Sir John Som'sett, or any of them, or that claim any Estate under them, or any of them, by any Conveyance made or executed since the said Twentieth Day of May, in the Year of our Lord One Thousand Six Hundred Forty-two, or any other Popish Recusant, that have borne Arms against the Parliament or Kingdom in this unnatural War) all such Right, Title, and Interest, of, in, and to, the said Lands, Tenements, and Premises, or any of them, as they or any of them, had the said Twentieth Day of May, One Thousand Six Hundred Forty-two; any Thing in this Ordinance contained to the contrary thereof in any Wise notwithstanding: And His Majesty's Attorney or Solicitor General for the Time being are hereby authorized and required, upon the Desire of the said Hugh Peeters, his Heirs or Assigns, to prepare a Bill, in usual Form, containing a Grant of the Premises unto the said Hugh Peeter and his Heirs, according to the Tenor of this Ordinance, with such further Clauses and Non obstantes as may be necessary for the said Hugh Peeter and his Heirs in the Premises; which Grant (so prepared) the Commissioners of the Great Seal of England are to pass under the said Great Seal, in usual Form, accordingly; for which, this present Ordinance, or a Duplicate thereof, shall be their sufficient Warrant."

Sir R. Gurney's House to be the Office for Sale of Bishops Lands.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Messuage, or Mansion-house, of or belonging unto Sir Richard Gourney Knight, late Lord Mayor of the City of London, a Delinquent, situate in The Old Jury, London, shall be applied and made Use of, by the Trustees and Contractors in the late Ordinance for appointing the Sale of Bishops Lands, for their sitting in, and for their better Accommodation in the Discharge of the Trust thereby reposed in them respectively, and likewise for the safe keeping and laying up of all Records, Evidences, Writings, Books, and other Things, appointed to be laid up and kept by the Register in the said Ordinance mentioned, and for such of the Officers and other Uses as the said Trustees or the major Part of them shall appoint."

Oath to be taken by the Surveyors for Sale of Bishops Lands.

"Whereas, amongst other Things in the late Ordinance of 9 Octobris, 1646, for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for settling of their Lands and Possessions upon Trustees for the Use of the Commonwealth, the Trustees in the said Ordinance mentioned, or any Three or more of them, are authorized and required to administer an Oath unto Surveyors, by which said Oath the said Surveyors are to make Returns, close sealed up, unto the said Trustees, or any Two of them; and whereas, by One other Ordinance, of the 16th of this Instant November, for appointing the Sale of the Bishops Land, for the Use of the Commonwealth, it is Ordained, That the Surveyors shall make their Returns of all and every their respective Surveys unto the Register: Be it now further Ordained and Declared, That, notwithstanding any Thing in the said Ordinance of the 9th of October, or in the said Oath in the said Ordinance mentioned, that the said Returns be made from Time to Time unto the said Register; and that the said Oath be altered and amended, and shall be in hæc verba, videlicet,

"I A. B. do swear, That I will faithfully and truly, according to my best Skill and Knowledge, execute the Place of a Surveyor, according to the Purport of an Ordinance, intituled, "An Ordinance of Parliament, for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for settling of their Lands and Possessions upon Trustees, for the Use of the Commonwealth." I shall use my best Endeavour and Skill to discover the Estate therein mentioned, and every Part thereof which shall be given me in Charge; and to find out the true Values and Improvements thereof; and thereof shall make true Surveys, according to my best Skill and Cunning; and the same from Time to Time deliver in Writing, close sealed up, unto the Register in One other Ordinance of the 16th of this Instant November mentioned, according to the true Intent and Meaning of the said Ordinance: And this I shall justly and faithfully execute, without any Gift or Reward, directly or indirectly, from any Person or Persons whatsoever.

"Which said Oath the said Trustees, or any Three of them, are hereby authorized and required to administer unto the said Surveyors, and every of them, accordingly."

Order for 160£. to Sir. E. Dodsworth.

"Ordered, by the Lords and Commons assembled in Parliament, That One Hundred and Sixty Pounds, Part of the Arrears of Four Hundred Forty-six Pounds, Nineteen Shillings, and Eight Pence, due to Sir Edward Dodsworth, be charged upon the Committee at Habberdash'rs Hall; and that the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do give Order, that present Payment of One Hundred and Sixty Pounds, Part of his said Arrears, may be made unto the said Sir Edward Dodsworth, or his Assignee, in respect of his pressing and crying Necessities, that can endure no Delay."

Langham & al. and Lymbrey & al.

"Ordered, by the Lords in Parliament assembled, That Captain Lymbry and others, Defendants, shall put in their Answer in Chief to the Petition of Alderman Langham and others Plaintiffs, depending in this House, between the Date hereof and the Tenth Day of December next; and that the said Cause shall be heard, at this Bar, on the 5th of January 1646, at Ten of the Clock in the Morning, by Counsel on both Sides; and that, in the mean Time, all Proceedings mentioned in the said Petition shall be staid."

Burley and Bareman in Error.

"It is this Day Ordered, by the Lords in Parliament assembled, That the Cause between Burley and Bateman, upon a Writ of Error depending in this House, shall be argued, at this Bar, on the 11th of December next, at Ten of the Clock in the Morning; at which Time both Parties are to attend, by their Counsel; and some of the Judges are to be there present."

Adjourn.

House adjourned till 10a Monday Morning next.