House of Lords Journal Volume 9
11 March 1647

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History of Parliament Trust

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1767-1830

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71, 72, 73, 74

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'House of Lords Journal Volume 9: 11 March 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 71-74. URL: http://www.british-history.ac.uk/report.aspx?compid=36993 Date accessed: 21 April 2014. Add to my bookshelf


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DIE Jovis, 11 die Martii.

PRAYERS, by Mr. Ash.

Comes Manchester, Speaker.

Comes Kent.
Comes Rutland.
Comes Lyncolne.
Comes Warwicke.
Comes Mulgrave.
L. Viscount Say & Seale.
Comes Sarum.
Ds. Howard.
Ds. De Lawarr.
Ds. Willoughby.
Ds. Bruce.
Ds. North.

Answer from the H. C.

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

That they agree to the Letter to be sent to the King of Denmarke, and to be signed by the Speakers of both Houses.

Symonds to be Minister of Ab Church.

The Order for making Mr. Joseph Symonds Minister at Ab-Church in London, to officiate there during the Pleasure of this House, was read, and approved of.

(Here enter it.)

Ordinance to clear the following Persons of their Delinquency.

This Day these Ordinances for Composition of Delinquents were read:

1. Mr. Tyrringham's Ordinance. (Here enter it.) Agreed to.

2. Thomas Wragg's Ordinance.

Respited, because the Ordinance and the Certificate differ.

(Here enter them.) 3. Wm. Thornton's Ordinance. Agreed to.
4. Sanderson's Ordinance. Agreed to.
5. Edward Witchcott. Agreed to.
6. John Jeffery. Agreed to.

E. of Down's Fine on his Composition to be abated.

The House took into Consideration the Petition of Thomas Earl of Downe, to be abated of his Fine of Five Thousand Pounds for his Composition for Delinquency at Gouldsmithes (fn. *) Hall, and One Thousand Pounds at Habberdashers Hall; and considering the great Losses of the Earl of Downe's Estate, and his Youth, and ill Persuasions to adhere to the Enemy, and how he came in and rendered (fn. †) himself to the Parliament when the Forces of the King were in a prosperous Condition: Upon these Grounds, this House Ordered, That in regard of the great Fine of Five Thousand Pounds at Gouldsmithes (fn. *) Hall, that it be reduced to the Sum of Four Thousand Pounds; and the Concurrence of the House of Commons to be desired herein: And it is further Ordered, That it be recommended to the Committee at Gouldsmithes Hall, to abate him Five Hundred Pounds of his Composition there for his Fifth and Twentieth Part.

Ordinance for the Bp. of London's Tenants to enjoy their Leases.

The Ordinance concerning the Bishop of London and some of his Tenants, was reported from the Committee, as fit to pass, with some Alterations; which were (fn. *) read.

And the House took the same into their Consideration.

Petition from them.

A Petition of the said Tenants was read.

(Here enter it.)

And Ordered, To be referred to the same Committee as the Ordinance was; and to send to the House of Commons, to desire them to appoint a Committee of a proportionable Number, to join with the Committee of Lords, to consider of this Petition, and of some Way how to give them Relief in their Desires.

Petition from Essex.

A Petition was this Day presented by divers Gentlemen of the County of Essex; and being received, it was read, as followeth. (Here enter it.)

The Persons that delivered the Petition withdrew; and the House took the same into Consideration.

Letter from Sir T. Fairfax.

A Letter from Sir Thomas Fairefax, was read. (Here enter it.)

Answer to the Essex Petitioners

Then the Persons that presented the said Petition (fn. *) ; and the Speaker, by Direction and Order, of this House, gave them this Answer:

"The Lords acknowledge the great Readiness in the County of Essex to expose themselves and their Lives and Fortunes in the Defence and Preservation of the Parliament, whereby they have expressed their good Affections upon all Occasions; for which, their Lordships give them Thanks, and will take this their Petition into their speedy Consideration."

Introduction to the Essex Petition.

Mr. Mildmay, that delivered the Petition, said, "That he had further to say to this House, from the County, That the Petition was in the Name and Consent of of the whole County of Essex; and they desire it may not be understood that, by their Petition, they (fn. †) do intend to criminate the Army, but only mean some particular Persons in it." And further, "That, when the Parliament had Occasion of the Forces of that County to be drawn forth, divers of the Yeomanry did send forth their Sons and their Friends, to fight with the Enemy, out of their County; having had a Promise that, by that Means, and out of that Consideration, they should be free from Billeting and Quartering of Soldiers; and now, unless some Course be taken to remove the Quarterings of this Army, they shall not be able to make good their Promise to such Persons."

Letter from Sir T. Fairfax.

Ordered, That Sir Thomas Fairfax's Two last Letters shall be taken into Consideration To-morrow Morning.

Bp of London's Tenants Petition, to enjoy their Leases granted by him.

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

"The humble Petition of divers of the Tenants and Farmers of divers of the Possessions of the Bishop of London;

"Humbly shew,

"That your Petitioners and their Ancestors having been Tenants and Farmers of divers Lands, Tenements, and Hereditaments, holden of the Bishops of London, and from Time to Time renewed and continued their Estates, some for Lives, and others for Years.

"Your Petitioners, since the Year 1641, and before the making of the late Ordinance of the 9th of October, 1646, for the abolishing of Archbishops and Bishops, &c.; and before your Petitioners either knew or ever heard of any Vote, Order, or Ordinance of Parliament, whereby the Bishop of London was disabled from granting any Estates (as formerly he had done), did surrender up their former Estates; and thereupon disbursed and paid to Doctor Juxton, then Bishop of London, great and valuable Sums of Money for their new Estates from him obtained of the same: And your Petitioners, being so possessed, have granted new Leases to their Under-tenants, according to their new Estates.

"That your Petitioners now find their Leases to be made void, by the said Ordinance of Parliament of the 9th of October, 1646, to their very great (fn. ‡) Loss, and almost utter Undoing of many of them; they having laid out the greatest Part of their Estates in the obtain ing of such new Leases from the said Bishop; it being the chiefest Part of their Means and Livelihood, for the Maintenance of them, their Wives and Children.

"Forasmuch as the said Bishop, at the Time of your Petitioners purchasing and renewing of their said Leases, was no Ways guilty of Delinquency, or any Ways questioned in his Person, or sequestered in his Estate, by the Honourable Houses of Parliament, but duly received his Rents as formerly he had done, there being no Prohibition to the contrary by virtue of any Order or Ordinance of Parliament; which if it had been otherwise, your Petitioners should have forborn to have dealt with him for any such further Estate.

"And forasmuch as, by the former Surrenders they have delivered up their Deeds by which they should evidence their Terms they formerly had, so that your Petitioners have nothing now to produce but their new Leases:

"Your Petitioners humbly pray, they may be admitted to enjoy their said Leases, according to the several Grants by which they now hold them from the said Dr. Juxton as aforesaid; they having paid a full and valuable Consideration to him for the same, and paid all other Taxes imposed by Ordinance of Parliament, in a Consideration of, and proportionably unto, the said new Estates they had granted unto them by the said Dr. Juxton, which also are the chiefest and greatest Means that most of your Petitioners have to live upon, for the Maintenance of them, their Wives and Children.

"And your Petitioners shall ever pray, &c.

"John Wakering.
Alexand'r Lyne.
Jo. Aylett.
Tho. Newce.
Ralph Bolton.
Tho. Mann.
Abraham Haynes.
Richard Farran."

Petition from the Inhabitants of Essex, against the Army quartering in that County, and overawing the Parliament.

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

"The humble Petition of the Deputy Lieutenants, Justices of the Peace, and Committee, of the County of Essex, in Behalf of themselves and the County;

"Humbly sheweth,

"That your Petitioners, who have in all your Dangers been found ready to engage their Lives and Fortunes for your Securities, in the Defence of Religion and just Liberty, as by our National Covenant by us solemnly taken we are obliged; we, who have been by God's Acceptance made more than ordinarily instrumental in the suppressing of the common Enemy; we, who have laboured to preserve ourselves, not thereby so much seeking our private Comforts, as that we might be continued a People able to do you Service in all your pious and faithful Undertakings; have now a great and unsupportable Army quartered upon us, which, for the Reasons hereafter mentioned, we desire may be removed, and otherwise disposed of.

"And in the First Place we humbly offer to your Considerations, how inconvenient a Thing it will be for so great an Army to lay out their Quarters so near a Parliament, where all Things are wanting and dear; which makes us fear there is some Design to have an awing Influence upon the Proceedings of Parliament, and those who are willing to submit to your Government. And we the rather fear it, because the Army is now brought into these Parts, when all the Kingdom takes Notice that you are about the disbanding of it, and settling the Government of the Church; both which we humbly conceive are most necessary to be dispatched: And we have Reason to believe that some in that Army will not be Promoters of those good and necessary Works, being Men of erroneous Judgements, and opposite to the Government of the Parliament, who make it their Business, in all Places where they come, to work upon the ignorantest People, persuading them into the like Errors, which tends much to the Destruction of all good Government either in Church or Commonwealth.

"In the next Place, they humbly desire this Honourable Assembly to remember their First Free-will Offerings upon the Propositions; with what Chearfulness, and in what Multitudes, they put themselves forth, to make up the First Army which was raised for the Defence of the Parliament; after that, raised Two private Armies, at their own Charge, for the Public Service of the Kingdom, the one under the Command of the Lord Gray of Warke, and the other under the Earl of Manchester, whom they paid-several Years; and all that Time did not only defend themselves at Home, but upon every Alarum went forth into other Counties, with all their Trained Bands and other Auxiliary Forces: And now God hath blessed us out of the Hand of our Enemies, our Hope is, we shall not be eaten up, enslaved, and destroyed, by an Army raised for our Defence.

"In the last Place, we humbly offer it to your Considerations the sad and dying Condition of Ireland; that this Army, or such Part thereof as shall be thought necessary, might be employed for the Recovery of that Kingdom, wherein the Safety of this is so much concerned.

"And your Petitioners, as in Duty bound, shall daily pray, &c."

Letter from Sir T Fairfax, with his Reasons for quartering his Army in the Eassern Association.

"For the Right Honourable Edward Earl of Manchester, Speaker of the Honourable House of Peers pro Tempore.

"My Lords,

"Having Yesterday, on my Way hither, received your Lordships Orders for the preventing or removing the Quarters of the Army out of the Eastern Association, I then gave your Lordships an Account why I could not give immediate Observance to your Commands; and have now thought fit to give your Lordships the Reason of the Army's Removal thither: That Provisions in the Quarters about Nottingham, where the Army last lay, were so far spent, that I was necessitated to remove thence; and, upon a serious Consideration had with my Council of War; finding that the whole Kingdom being in a like settled Posture, and upon Foot of Accompt in Point of Taxes and Assessments; and that there was a Necessity of my Removal either into those Parts which have been like burthened with those where I then quartered, and where I had formerly been, which have been oppressed as well by Plunder as free Quarter of the Enemy, or into the Eastern Association; the latter was judged most reasonable: And I resolved to remove the Army accordingly, that I might thereby give Ease to those Parts that have so long groaned under the Burthen of this War. I have acquainted the House of Commons with the same; and if it shall please the Houses to give any other Orders in the Quartering of the Army, it shall be most carefully observed by

Saffron Walden, March 9, 1646.

"Your Lordships

"Most humble Servant,

"T. Fairefax."

Ordinance for Symonds to be Minister of Abchurch, London.

"Whereas Benjamine Stone, Parson of Mary Abchurch, London, was, by Authority of Parliament, for his Malignancy and Opposition against the Parliament, and for his evil and scandalous Life and Conversation, sequestered from the said Living, and the Tithes, Duties, and Profits of the Parsonage; and John Rawlinson Master of Arts, a godly and orthodox Divine, was appointed to officiate as Minister of the said Church, and discharge the Cure; and to the End that a Provision and fit Maintenance might be settled for his Support, Thomas Witherings Esquire, Will'm Reynolds, Zouch Watson, Will'm Dager, Henry Rand, John Beckford, Richard Warner, John Pemell, and William Peake, Parishioners of the said Parish of Mary Abchurch, or any Three of them, were authorized to sequester the Parsonage-house, and all the Tithes, Duties, and Profits of the said Parsonage, and to deliver and pay the same unto the aforesaid John Rawlinson, for his Maintenance: And whereas the Lords and Commons have removed and presented the said Mr. Rawlinson to be Minister of Lambeth, in the County of Surrey, whereby the said Church is utterly void of a Minister, to the great Prejudice of the Parishioners: It is therefore Ordered, by the Lords in Parliament assembled, That Joseph Symonds (who is attested by divers grave and godly Divines to be an able, learned, orthodox Divine, and of a godly and peaceable Conversation) is hereby appointed and required to preach every Lord's day in the said Mary Abchurch, London, and to officiate and take Care for the Discharge of the Cure of the said Church, in all the Duties thereof, in the Place of Mr. Rawlinson, until further Order shall be taken by this House: And be it further Ordered, That the aforesaid Persons, videlicet, Thomas Witherings Esquire, William Reynolds, Zouch Watson, William Dager, Henry Rand, John Beckford, Rich'd Warner, John Pennell, and William Peake, Parishioners of the Parish, or any Three of them, are hereby constituted and appointed, and have hereby Power and Authority, and are hereby required, to sequester the said Parsonage-house, and all the Tithes, Rents, Duties, and Profits whatsoever, of the Parsonage, and to appoint Collectors for the gathering and receiving of them, as they in their Discretion shall think fit; and shall have Power, and are hereby required to deliver and pay the same unto the aforesaid Mr. Joseph Symonds; and if any shall refuse to pay unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the said Tithes, Rents, Duties, or lawful Fees, accustomed to be paid, upon Information thereof by the Sequestrators, or any Three of them, unto this House, the Lords in Parliament do hereby Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Ordinance to clear Tyringham of his Delinquency.

"Whereas William Tyringham, of Tyringham, in the County of Bucks, Esquire, hath by both Houses of Parliament been admitted unto his Fine of One Hundred Pounds, in Consideration of his present Estate, being in an Annuity of One Hundred Pounds per Annum, for that he was 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 William Tiringham, in such Manner as is agreed on by both Houses, and according to this Ordinance, with a Grant of the said Estate for which the said Fine was accepted, from the 16th of December, 1645, with an Exception of the Right or Estate of the said William Tiringham 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 William Tiringham from any further Composition, for any Lands, Goods, or Chattels, that are descended, or shall descend or come, unto the said William Tiringham; but that he shall pay such further Fine, for any such Estate, by Way of Composition, as both Houses of Parliament shall appoint."

Thornton, D°.

"Whereas William Thorneton, of Wyham, in the County of Lincolne, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Marks, for that he hath been in Arms 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 William Thorneton, 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 22th Day of April, 1644, with an Exception of the Right or Estate of the said William Thorneton 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 Wm. Thorneton 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Wm. Thorneton shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Sanderson, D°.

"Whereas George Saunderson, of Ganthorpe, in the County of Lincolne, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred and Forty 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 to the said George Saunderson, 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, to the said George Sanderson, from the 11th Day of June, 1646, with an Exception of the Right or Estate of the said George Saunderson in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of 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 George Saunderson 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 George Saunderson shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Whichcott, D°.

"Whereas Edward Whitchcott, of Bishop's Norton, in the County of Lincolne, Esquire, hath by both Houses of Parliament been admitted unto his Fine of One Thousand and Thirteen Pounds, Ten Shillings, for adhering to 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 Edward Whitchcott, 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 Goldsmiths Hall, and of all Mean Profits, from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Edward Whitchcott 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 Edward Whitchcott 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 Edward Whitchcott shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Jeffery, D°.

"Whereas John Jeffery, of Mapowder, in the County of Dorsett, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred and Forty 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 to the said John Jeffrey, for his said Offence, in such Form as shall be 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 Day of Payment of the said Fine, with an Exception of the Right or Estate of the said John Jeffrey in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of 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 Jeffrey 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 Jeffrey shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Penruddock, D°.

"Whereas John Penruddock of Compton, in the County of Wilts, Esquire, hath by both Houses of Parliament been admitted to his Fine of One Thousand Pounds, for that he hath been in Arms 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 Penruddocke, in such usual Form 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 Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said John Penruddock 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 Penruddock 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Penruddocke shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Adjourn;

House adjourned till 10a cras.

Footnotes

* Deest in Originali.
Origin. his himself.
* Sic.
Origin, do not.
Origin. Lease.