House of Lords Journal Volume 9
26 February 1647

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History of Parliament Trust

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1767-1830

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37, 38, 39, 40

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'House of Lords Journal Volume 9: 26 February 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 37-40. URL: http://www.british-history.ac.uk/report.aspx?compid=36982 Date accessed: 17 April 2014. Add to my bookshelf


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Contents

DIE Veneris, 26 Februarii.
Sir T. Killigrew, a Pass to come Home. Ruthen versus Andrews. Col. Balfour & al. Petition. Sir H. Mildmay, a Habeas Corpus to pursue his Claim to the Barony of Fitzwalter. L. Willoughby's Arrears to be paid. Report from the Admiralty Committee, about Sir G. Ayscough; about Commanders of Ships sitting out; about the Jurisdiction of the Admiralty; and about the Reduction of Jersey and Castle Cornet. Committee to consider of securing Guernsey, and reducing Jersey and Castle Cornet at Guernsey. Wotton, for Words against the Parliament. Judgement against him. E. of Oxon, Leave to go to the E. of Pemb. Message to the the H. C. for L. Willoughby to have his Arrears. Ordinance concerning Mess. Pennoyer and Hill. Walker sent for, for a Passage in a Book, called Perfect Occurrences. Message from the H. C. to expedite the following Ordinances; and with One for Concurrence. Seal of South Wales. Borras to have a Pardon. Sir H. Tracy's Ordinance. Prynn's Damages. Mrs. Brewer to be paid Arrears due to her Husband. Howard, Leave to stay in Town. Petition from the City. Pet. from the Assembly, for a Register for Presentations, &c. Message to the H. C. with an Ordinance to pardon Borras. Barnett to be instituted to Lancaster. Certificate of Money due to Lord Willoughby on his Accompts. Report from the Admiralty Committee, for Sir G. Ayscough to have Leave to come from Scilly;— for the Bills drawn by him for Corn for the Garrison to be paid;— and for settling the Government of that Island; with Commanders Names for Four Ships Sitting out; about the Jurisdiction of the Admiralty Court; and for securing and reducing Jersey, and Castle Cornet at Guernsey. Letter from Guernsey, that there is a Design on Foot to invade that Island, and desiring Assistance. Money charged on Goldsmiths Hall to be paid in Course. Burt to be instituted to Whitefield; Slayter to Otterden; Juce to Donhead St. Mary; and Mosyer to Waxham. Adjourn. Footnotes

DIE Veneris, 26 Februarii.

Domini præsentes fuerunt:

E. Manchester, Speaker.

E. Kent.
E. Nottingham.
E. Suff.
E. Rutland.
E. Mulgrave.
E. Sarum.
E. Warwick.
E. Midd.
L. Viscount Say & Seale.
L. Viscount Hereford.
E. Northumb.
E. Lyncolne.
L. Willoughby.
L. Hunsdon.
L. Maynard.
L. Howard.
L. North.
L. Bruce.
L. Dacres.
L. Wharton.
L. Delaware.
L. Grey.

Sir T. Killigrew, a Pass to come Home.

Ordered, That Sir Thomas Killegrewe Knight, with Four Servants, shall have a Pass, to come out of France into England.

Ruthen versus Andrews.

The Petition of Patrick Ruthen Esquire, read, against one Andrewes; and Ordered, That the said Andrewes shall be sent for before their Lordships, to answer his Contempt.

Col. Balfour & al. Petition.

The Petition of several Officers under Colonel Wm. Balfour, read, and referred to the Committee for Irish Affairs.

Sir H. Mildmay, a Habeas Corpus to pursue his Claim to the Barony of Fitzwalter.

The Petition of Sir Henry Mildmay read; desiring an Habeas Corpus for his following his Cause depending in this House.

It is Ordered, That he have a Habeas Corpus granted to him Three Weeks before his Cause is heard, that so he may the better follow his Cause in this House.

L. Willoughby's Arrears to be paid.

A Certificate from the Committee for Accompts, of Accompts taken from the Lord Willoughby.

(Here enter it.)

Ordered, To be sent down to the House of Commons, with special Recommendation of his faithful Service in Time of such Danger; and to desire that some speedy Course may be taken for the Payment of his Arrears.

Report from the Admiralty Committee, about Sir G. Ayscough;

A Report made by the E. Warwick, from the Committee of the Admiralty, about Sir George Ayscough.

(Enter it here.)

It is Ordered, To (fn. *) be sent to the House of Commons; and to put them in Mind of the Ordinance for making the Lord Robertes Governor of Scilly; and that they would take Order for Payment of the Money for the Corn.

about Commanders of Ships sitting out;

Another Report from the said Committee, about Four Commanders of Ships going forth.

Agreed to, and to be sent to the House of Commons for their Concurrence.

about the Jurisdiction of the Admiralty;

Another Report from the said Committee, about the Jurisdiction of the Admiralty Court. (Enter it here.)

To be sent down to H. C. and desire them to hasten the settling of the Jurisdiction of the Admiralty Court.

and about the Reduction of Jersey and Castle Cornet.

Another Report from the said Committee, about Guernesey. (Enter it here.)

To be sent down to the House of Commons; and to be desired speedily to take some Course for the Reduction of the Isle of Jersey and Castle Cornett.

Committee to consider of securing Guernsey, and reducing Jersey and Castle Cornet at Guernsey.

Ordered, That these Lords following are to consider of the securing of the Isle of Guern'ey, and reducing of the [ (fn. *) Isle of] Jersey and Castle Cornett; and report the same to this House:

Comes Warwicke.
L. Viscount Say & Seale.
Comes Mulgrave.
Comes Northumb.
Comes Suffolke.
Comes Sarum.
Ds. Willoughby.
Ds. Grey.
Ds. Howard.
Ds. Hunsdon.

Any Five, to meet when they please, and where.

Wotton, for Words against the Parliament.

This Day William Wotton, One of the Fellows of Trinity Colledge of Cambridge, was brought to the Bar, as a Delinquent; and John Lawrance and Henry Graves were produced as Witnesses, who proved that the said Wm. Wotton did say at Cambridge, "That the Rebellion of the Parliament of England was worse than the Rebellion of Ireland."

Judgement against him.

Hereupon it is Ordered and Adjudged, by the Lords in Parliament assembled, "That the said Wm. Wotton is hereby expelled the said College, and disabled from being longer a Fellow of the said Trynity Colledge, and from having any other Preferment in the University; and shall not continue and remain any longer at the said University: And in regard of his long Imprisonment already, it is Ordered, That the said Wotton be released, paying his Fees."

E. of Oxon, Leave to go to the E. of Pemb.

Ordered, That the Earl of Oxon shall have Leave to go to Holdenby, to see the Earl of Pembrooke.

Message to the the H. C. for L. Willoughby to have his Arrears.

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

To deliver to them the Accompt of the Lord Willoughby; and to specially recommend it to them, that some speedy Course may be taken for his Satisfaction of what appears due to him, in regard his Lordship is a Person that hath so deserved of the State, and appearing for the Parliament in settling the Militia of the Kingdom at the very Beginning of these Troubles.

Ordinance concerning Mess. Pennoyer and Hill.

The Ordinance concerning Mr. Pennoyer and Mr. Hill, was read the Second Time; and the House was adjourned into a Committee to consider it.

The House being resumed;

The said Ordinance was read, with some Amendments and Alterations; and committed again to the Earl of Lyncolne, Lord Viscount Say, Lord Wharton, and Lord Willoughby; to meet presently, and to report.

Walker sent for, for a Passage in a Book, called Perfect Occurrences.

Complaint was made to this House, of a Passage in a Book called, "Perfect Occurences," made by one Walker, "That a Gentlewoman's Chastity of London was assaulted, at a Private Examination, by a Minister, &c."

It is Ordered, That the said Walker shall attend this House To-morrow Morning, to discover the Name of the Minister, that so he may be brought to condign Punishment.

Message from the H. C. to expedite the following Ordinances;

A Message was brought from the House of Commons, by Mr. Reynolds, &c.

1. To put their Lordships in Mind of passing these Ordinances:

1. Concerning the regulating of the University of Oxon.

2. Concerning Twelve Thousand Pounds for Cheshire.

(fn. †) 3. Concerning Mr. Pennoyer and Hill.

and with One for Concurrence.

2. To desire their Concurrence in an Ordinance concerning the paying of the Assignments of Monies at Gouldsmithes Hall. (Here enter it.)

Read, and Agreed to.

Seal of South Wales.

Ordered, That it is referred to Baron Trevor, Justice Pheasant, and Justice Rolls, to view the Patent and Grant concerning the Seal of South Wales, and report to this House who hath the Title to it.

Borras to have a Pardon.

Upon reading the Petition of John Borras: It is Ordered, That John Borras shall have his Pardon, as is desired; and that the Concurrence (fn. *) is desired herein.

Sir H. Tracy's Ordinance.

Ordered, That it is referred to the Committee for the Ordinance concerning Sir. Humphrey Tracies, to make the Report speedily,

The Committee to meet on Wednesday next.

Prynn's Damages.

Ordered, That Mr. Prynn shall be heard, by his Counsel, on Thursday next, concerning his Damages.

Mrs. Brewer to be paid Arrears due to her Husband.

Upon reading the Petition of Mary Brewer; desiring, "That some of her Husband's Arrears may be paid:" It is Ordered, That it be recommended to the House of Commons, to give some Relief therein; and the Justices of the Peace where the Woman lives take Care (fn. ‡) she comes not with her Children to the Doors of this House.

Howard, Leave to stay in Town.

Ordered, That Mr. Thomas Howard shall have Leave to stay Six Weeks longer in Town than was formerly granted him.

Petition from the City.

Ordered, That the Committee concerning the City Petition shall (fn. †) meet To-morrow Morning, at Nine of the Clock.

Pet. from the Assembly, for a Register for Presentations, &c.

Ordered, That the Committee concerning the Petition from the Assembly of Divines shall meet on Tuesday next.

Message to the H. C. with an Ordinance to pardon Borras.

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

To desire their Concurrence in the Ordinance for granting a Pardon to John Borras.

Barnett to be instituted to Lancaster.

Ordered, &c. That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. Nehemiah Barnett Clerk, unto the Vicarage of Lancaster, in the County Palatine of Lancaster, void by the Death of Jeofery King the last Incumbent, salvo Jure cujuscunque; the said Mr. Barnett taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Tobias Knipe Gentleman and William Knipe his Son, the Patrons.

Certificate of Money due to Lord Willoughby on his Accompts.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Certificate of the Committee for the Accompts of the Kingdom, concerning the Accompts of the Right Honourable Francis Lord Willoughby of Parham; being as followeth, videlicet,

£. s. d.
"His Pay as Colonel and Captain of Horse, from the 31th December, 1642, until the 30th of April, 1644, being Four Hundred and Eighty-five Days, at Three Pounds Nine Shillings per Diem for his Personal Pay and Six Horses, proved by the Depositions of Francis Throckmorton and Christopher Seymor, 1673 5 0
His Lordship hath paid to his several Officers and Soldiers, and for Saddles, and in incident Charges, as by the Particulars in his Accompts, which appeareth by several Vouchers, and the Depositions of Francis Throckmorton and Christ. Seymor, 4808 18 8
Total, 6482 3 8

Against which his Lordship is charged, and acknowledgeth to have received, from the 1 Febr. 1642, until the the 30th of April, Anno 1644; being as followeth, (videlicet,)

£. s. d. 4058 10 10
"Received by Order of the Committee of Lincolne, 300 0 0
Received of Mr. Watson, Treasurer, at several Payments, 410 0 8
Received for Sheep and Beasts sold of Malignants, at several Times, 1117 15 1
Received of Mr. Disney, Treasurer, 94 12 4
Received of Robert Kirke, of Gainsburgh, 100 0 0
Received, which was taken at the Court of Guard at Boston, from a Malignant going to the King, 170 2 9
Received of Mr. Ellis, a Malignant of Wickham, 100 0 0
Received of a Malignant, 20 0 0
Received out of Fockingham Session, levied by his Lordship's Warrants, 583 0 0
Received by Cessments at Spalding, 58 10 0
Received from the Committee at Boston, 300 0 0
Received of Nicholas Mudde, at Three Payments, 500 0 0
Received of the Committee of Bellew Three Hundred Pounds and Four Pounds Ten Shillings charged from Stanton, 304 10 0
And so remaineth, 2423 12 10
£. s. d. £. s. d.
"Whereof respited upon the Public Faith, as Colonel and Captain of Horse, from the 20th March, 1643, to the 30th April, 1644, being Forty-one Days, at Twenty-seven Shillings per Day, 55 7 0 2423 12 10
And so remaineth due unto his Lordship Two Thousand Three Hundred Sixty-eight Pounds, Five Shillings, and Ten Pence, 2368 5 10
More his Lordship demanded Pay, as Colonel and Captain of a Regiment of Foot, which he proveth by the Depositions of Fran. Throckmorton and Christopher Seymor that he had and commanded, from the 5th April, 1643, until the 22th March next following (being within the Time his Lordship is allowed Pay as Colonel and Captain of Horse), which maketh Three Hundred and Fifty Days, at Forty-five Shillings per Diem, which amounteth to the Sum of 787 10 0

For the Allowance whereof we leave to the Consideration of the Parliament.

Memorandum, If hereafter it shall appear that his Lordship shall be found justly chargeable with any other Sums of Money or Goods than what is expressed in his Lordship's Accompt, is to be made good to the State by his Lordship.

"All which we humbly certify.

Dated the 20th February, 1646.

"Tho. Andrew.
"Anth. Biddulph.
"Wm. Prynne.
J. Grigorie.
"Oliver Clobery.
"Henry Hunter."

Report from the Admiralty Committee, for Sir G. Ayscough to have Leave to come from Scilly;— for the Bills drawn by him for Corn for the Garrison to be paid;— and for settling the Government of that Island;

"Die Martis, 23tio Feb. 1646.

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

"On reading of a Letter from Captain Batten, Vice Admiral of the Fleet, and Consideration of another inclosed, directed to him, from Sir George Ayscue (who doth for the present supply the Place of Governor of the Isle of Silley), humbly desiring his Return may be hastened, and the Monies for the Corn taken up by him there for the necessary Support of the said Garrison satisfied: This Committee doth renew their Recommendation to both Houses, that the Government of the said Island may be settled; and that the said Sir George Ayscue may have Liberty (however they shall dispose of it) to return Home (at least for some Time), to attend some Business of his own: And the Desire of this Committee is also renewed, that (according to their Report of the Fourth Day of this Instant February) the House of Commons will please to order the Discharge of the Bill of Exchange drawn upon this Committee by the said Sir George Ayscue, for Corn, to relieve the said Garrison as aforesaid, amounting in the whole to One Hundred and Seventeen Pounds, Three Shillings, and Six Pence.

"W. Jessop, Secretary."

with Commanders Names for Four Ships Sitting out;

"Die Martis, 23 Febr. 1646.

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

"Whereas The President and Cignett Frigates are now in the River of Thames, ready to go forth to Sea, being designed for Guard of the North of England; and whereas The Sattisfaction and The Increase Frigott are now ready at Portsmouth to go forth to Sea, being designed for the Service of Ireland: This Committee doth recommend it to both Houses of Parliament, That the Persons hereafter named may be approved of for Commanders of the said Vessels respectively, in the next Summer's Service; (videlicet,)

"For The Presiden Frigott, Captain John Pilgrim.

"For The Cignett Frigott, Captain Abraham Wheeler.

"For The Sattisfaction, Captain Rob't Moulton Junior.

"For The Increase, Captain Will'm Ledgant.

"All which Persons have been formerly employed in the Parliament's Service, and are now upon the respective Ships, attending their Dispatch.

"W. Jessop, Secretary."

"Die Martis, 23 Febr. 1646.

about the Jurisdiction of the Admiralty Court;

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

"The Obstructions of the Public Justice of the Kingdom, as to Maritime Causes, by the not settling of the Admiralty Court and the Jurisdiction thereof, daily appearing more and more to this Committee; and for that some Matters wherein some Ministers of Foreign States do press for a Resolution cannot by reason thereof receive Determination: This Committee doth again earnestly recommend it to both Houses of Parliament, That the said Court and Jurisdiction may be speedily (fn. *) settled, it being of such high Importance both to the Preserving and Encouragement of Trade, and to the maintaining of Correspondence with Foreign States; which the Earl of Warwick is desired to represent to the House of Lords, and Sir Will'm Lewes to the House of Commons.

"W. Jessop, Secretary."

"Die Martis, 23tio Februarii, 1646.

and for securing and reducing Jersey, and Castle Cornet at Guernsey.

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

"On reading of a Letter from the Lieutenant Governor of Guernzey, directed to One of the Secretaries of this Committee, importing some Informations given him from St. Malloe, of a Design in those of Jersey for the Invasion of Guernsey, and praying that this Committee might be moved, in respect of the Considerableness of those Islands, and the Prejudice that may arise to Trade if they should be possessed by an Enemy, to appoint Ships to attend there:

"Ordered, That it be recommended to both Houses of Parliament, That some such Course be speedily taken, for the Reduction of Jersey and of Castle Cornett, as they shall in their Wisdom think fit; the Trade of this Kingdom being not only much concerned in the securing of those Harbours to the Parliament; but also a great Charge Yearly contracted to the Parliament, by the employing of Vessels for Defence of Guernsey and the adjacent Isles, which, upon reducing of Jersey and the said Castle Cornett, may for the Time to come be spared: Which the Earl of Warwicke is desired to represent, together with the said Letter, to the House of Lords, and Sir John Evelyn to the House of Commons.

W. Jessop, Secretary."

Letter from Guernsey, that there is a Design on Foot to invade that Island, and desiring Assistance.

"To my ever-honoured Friend William Jessop Esquire, Secretary to the Right Honourable the Earl of Warwicke. These present. London.

"Honoured Sir,

"Having had the Honour so often to find you a Person favourable beyond Deserts, and so really entire to any Service whose Result might be the Public Welfare; I presume to request you to be pleased to give Information to the Right Honourable Committee of the Lords of Admiralty and Cinque Ports, That there is present Information given me, from well-affected Merchants in St. Maloe, that those of Jersey have a Design again on Foot for the Invasion of these Islands. Sir, I have formerly been bold to let you know the Consequence of these Islands, and how considerable (if once gained) they may be to the Enemy, and prejudicial (in respect of Trade, Harbours, and otherwise) to the Parliament's Cause: Wherefore let me beseech your speedy Representation thereof to that Right Honourable Committee, with my humble Request (in respect there hath been ever allowed Shipping for our Preservation) that that Right Honourable Committee would please speedily to order considerable Shipping hither, here being only left The Warwicke and Dove, and the First (in respect of our present Danger) stayed here, and victualed for a Week out of The Dove. I have made bold the rather to stop The Warwicke, in respect of Intelligence given me that there is now a Vessel of Twelve Guns, and many other small Vessels, ready at Jersey, to be employed in this Design. Sir, I pray present my most humble Service to my ever-honoured Lord the Earl of Warwicke and to the rest of that Right Honourable Committee; and assure yourself, as your speedy Information of this Affair is much considerable to the Safety of these Islands, so shall it further engage me,

Guernsey, 2d Febr. 1646.

"Sir,

"Your affectionate Friend

"and humble Servant,

"Rob't Russell."

Money charged on Goldsmiths Hall to be paid in Course.

"The Lords and Commons do Order and Ordain, That all such Sums of Money which shall be charged upon the Receipt at Gouldsmiths Hall (after the passing of this Ordinance) shall be paid in Course, and not otherwise."

Burt to be instituted to Whitefield;

Ordered, &c. That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. William Burt Master of Arts, unto the Parsonage of Whitefeild, in the County of Oxon, void by the Resignation of Doctor Ellis the last Incumbent, salvo Jure cujuscunque; the said Mr. Burt taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Thomas Tippin Esquire, Patron.

Slayter to Otterden;

Ordered, &c. That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. William Slayter Master of Arts, unto the Rectory of Otterden, alias Otteringden, in the County of Kent, void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Slayter taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Juce to Donhead St. Mary;

Ordered, by &c. That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. Peter Juce Master of Arts, unto the Parsonage of Donhead S'tæ Mariæ, in Wiltsheire, void by the Death of Mr. Pope the last Incumbent, salvo Jure cujuscunque; the said Mr. Juce taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Thomas Grove Esquire, a Member of the House of Commons, Patron.

and Mosyer to Waxham.

Ordered, &c. That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. John Mosyer, Clerk, unto the Rectory of Waxam, in the County of Bucks, void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Mosyer taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Adjourn.

House adjourned till 10a cras.

Footnotes

* Deest in Originali.
* Deest in Originali.
Origin. 2.
* Sic.
Deest in Originali.
Origin. he.
* Deest in Originali.