House of Lords Journal Volume 9
24 September 1647

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1767-1830

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'House of Lords Journal Volume 9: 24 September 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 448-450. URL: http://www.british-history.ac.uk/report.aspx?compid=37128 Date accessed: 26 July 2014.


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DIE Veneris, 24 die Septembris.

PRAYERS, by Mr. Good.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Mulgrave.

Answer from the H. C.

Mr. Page and Doctor Aylett return with this Answer from the House of Commons:

That they agree to the Four Months further Liberty to the Earl of Cleveland, and to the Additions and Alterations in the Two Ordinances: (Here enter them.) To all the rest, they will send an Answer by Messengers of their own.

Porter and Fox.

Ordered, That the Cause between Porter and Fox shall be heard, at this Bar, by Counsel on both Sides, this Day Three Weeks.

Gilbert to be attached.

Upon reading a Letter of Henry Gilbert: (Here enter it.) It is Ordered, That he shall be brought before this House, as a Delinquent, to answer the same.

Darby, Harris, and Smith, committed in Execution, at the Suit of Brown, Cler. Parl. and Sir A. Littleton.

This Day Leonard Darby, John Harris, and Isabell Smyth, were brought to the Bar; and, kneeling, the Speaker of this House read and pronounced the Judgement of the Lords in Parliament against them.

Which being done; it is Ordered, That the said Leonard Darby, John Harris, and Isabell Smyth, shall stand committed to the several and respective Prisons from whence they were now brought, by virtue of this Judgement; videlicet, Leonard Darby to Ludgate, John Harris to The Compter in the Poultry, and Isabell Smyth to the Prison of Newgate.

Bradshaw to be instituted to Willingham;

Ordered, That Doctor Aylett shall give Institution and Induction to Nath. Bradshaw, to the Rectory of Willingham, in the County of Cambridge; presented thereunto by the Commissioners of the Great Seal of England: This with a salvo Jure cujuscunque.

Fairclough to Mells;

Ordered, That Doctor Aylett shall give Institution and Induction to Richard Faireclough, to the Rectory of Mells, in the County of Somersett: presented thereunto [ (fn. *) by Sir John Horner:] This with a salvo Jure cujuscunque.

and Eyre to Ashby Parva.

(fn. †) Ordered, That Doctor Aylett shall give Institution and Induction to Thomas Eyre, to the Rectory of AshbyParva, in Com. Leycester; presented thereunto by the Commissioners of the Great Seal of England: And this with a salvo Jure cujuscunque.

Glover versus Wilson.

Ordered, That the Complaint of Mr. Glover, against Doctor Willson, shall be heard, by Counsel, at this Bar, this Day Fortnight.

Letter to L. Inchiquin, to send over Col. Stirling and Mr. Marshal.

A Letter to be sent to the Lord Inchequin, to send over the Persons of Colonel Sterling and Mr. Thomas Marshall; which was read, and Agreed to.

Also a Pass was read, and approved of, for Colonel Phane Becher to carry this Letter to the Lord Inchequin.

Halsey, E. of Lincoln's Solicitor, Privilege. Chaire & al. sent for.

Ordered, That Mr. John Halsey, Solicitor to the Earl of Lyncolne, being arrested contrary to the Privilege of Parliament, be forthwith released; and the Parties that arrested him, videlicet, John Chaire, William Massie, and Smyth, shall be sent for, to answer the same, on Monday next.

Message from the H. C. with Ordinances and Orders.

A Message was brought from the House of Commons, by Sir John Temple Knight; who brought up divers Particulars, wherein their Lordships Concurrence be desired:

1. An Ordinance for adding Mr. Peregrin Pelham and Mr. Geo. Fenwicke to the Commissioners at Goldsmithes Hall. (Here enter it.)

Agreed to.

2. An Ordinance for issuing out the Twenty Thousand Pounds charged upon the Excise for Lemster.

(Here enter it.)

Agreed to.

3. An Order for charging the Sum of Two Hundred Pounds upon the Moiety of the Receipts at Goldsmythes Hall, for repairing of Margarett's Church, Westm.

(Here enter it.)

Agreed to.

4. An Order for charging the Sum of One Thousand Pounds upon the Moiety of the Receipts at Goldsmythes Hall, for the Garrison of Winsor Castle.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Turner versus Hall, Minister of Thaxsted.

The House heard the Complaint of Richard Turner, against Sam. Hall, Michaell Nitingall, &c.

And hearing Counsel and Witnesses on both Sides, and taking the whole Business into Consideration: It is Ordered, That the Order, dated the 3d of August last, for giving Institution and Induction to the said Sam. Hall, to the Vicarage of Thaxted, in the County of Essex, is void, by virtue of the Ordinance of Parliament dated the of August last; and that the said Sam. Hall shall not officiate there any more; but the Sequestrators to proceed, according to their former Authority of Parliament given them.

Jebb committed, for Contempt.

And it is further Ordered, That Henry Jebb, the Town Clerk, for his contemptuous Words against the Ordinance of Parliament, shall stand committed to The Fleete, during the Pleasure of this House.

Message to the H. C. about the Letter to Ld. Inchiquin; and Pigot's Petition.

A Message was sent to the House of Commons, by Mr. Page and Dr. Aylett:

1. To communicate to them the Letter to be sent to the Lord Inchiquin, and the Pass for Colonel Phane Becher to carry the Letter; and desire their Concurrence therein.

2. To put them in Mind of the Petition of Pigott.

Committee at Goldsmiths Hall.

"Ordered, by the Lords and Commons in Parliament assembled, That Mr. Peregrin Pelham and Mr. George Fenwick be added to the Commissioners at Gouldsmiths Hall, in the Room and Place of Mr. Holles and Sir John Clotworthy."

Order for 20,000 l. for Ireland.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Twenty Thousand Pounds, charged upon the Excise, and appointed for the Service of Lemster, by a former Ordinance of both Houses of Parliament, be issued, by the Treasurers appointed to receive the same, upon such Warrant or Warrants as they shall receive from Time to Time from the Committee for the Affairs of Ireland at Darby House."

Order for 200 l. for Repair of St. Margaret's Church.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be charged upon the Moiety of the Receipts at Gouldsmiths Hall, and not charged in Course, and paid to Mr. Wheeler and Mr. Bell, to be employed to the Repair of the Church of Margrett's, Westm'r; and that the Acquittance of the said Mr. Wheeler and Mr. Bell shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of the said Sum of Two Hundred Pounds accordingly."

Order for 1000 l. for the Garrison of Windsor.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be charged upon the Moiety of the Receipts at Gouldsmiths Hall, not given for Security, in Course, with Interest for the same, and paid unto Colonel Christopher Whitchcott, the Governor of the Garrison of Windsor Castle, upon Accompt, towards Satisfaction of the Arrears due unto the said Garrison; and that the Acquittance of the said Governor, or his Assignee, shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of the said Sum of One Thousand Pounds accordingly."

Letter from Gilbert, late Minister of Clyston, to the Parishioners, not to pay their Tithes to Cross.

"Neighbours of Clifton,

"If you are resolved to pay your Tithes to Crosse, who hath no Right unto them by the known Laws of the Kingdom, and who hath by Violence and the Committee's Power thrust me out of my own Freehold and Rectory; I desire you, more for your own Security than my own Advantage, to be careful to tie him unto such Conditions, and upon so good Bail, that, when the Laws shall once again recover their Force, you may come to no Damage for your own Particulars, nor I may be moved to use such Extremities against you which the Law of the Kingdom (I doubt not) will One Day afford me: And, possessing myself with Hope and Patience, I rest

"Your loving Friend and Parson,
Henry Gilbert."

Ordinance to explain the former Ones, for Sale of Bishops Lands.

"The Lords and Commons assembled in Parliament, for the better Security and Encouragement of all and every such Person and Persons, Bodies Politic and Corporate, as already have, or hereafter shall, become Purchaser or Purchasers, from the Trustees (appointed by Ordinance of Parliament for the Sale of Bishops Lands), of any Manors, Lands, Tenements, Franchises, Annuities, Fees, Liberties, Royalties, and Hereditaments whatsoever, late belonging to any Archbishop or Bishop, within the Realm of England, or Dominion of Wales, do order and ordain, and be it hereby Ordered, and Ordained by the Authority aforesaid, That it shall and may be lawful for all and every such Purchaser or Purchasers to have and pass One or more Letters Patents, under the Great Seal of England, of all or any Part of the Manors, Lands, Tenements, Franchises, Annuities, Fees, Liberties, Royalties, and Hereditaments, with their Appurtenances, so by him or them purchased from the said Trustees as aforesaid, to be holden of the King, as of His Manor of East Greenw'ch, by Fealty only, and not in Capite, nor Knights Service: And be it further Ordained and Declared, by the Authority aforesaid, That all and every Bodies and Body Politic and Corporate, within the Kingdom of England and Dominion of Wales, shall have Power and Capacity, and are hereby enabled, to receive, take, and purchase, to themselves and their Successors for ever, any of the said Manors, Lands, Tenements, Franchises, Annuities, Fees, Liberties, Royalties, and Hereditaments whatsoever, belonging to the said Archbishops and Bishops, without any Licence or Licences of Alienation in Mortmain first sued forth or obtained for that Purpose; any Law, Statute, Ordinance, or Charter, to the contrary hereof, in any Wise notwithstanding: And be it further Ordered and Ordained, by the Authority aforesaid, That the Attorney General or Solicitor General, for the Time being, upon shewing forth of any such Deed of Purchase, under the Hands and Seals of the said Trustees, or any Five or more of them, is hereby authorized and required to prepare a Bill, in usual Form, containing the King's Grant to such Purchaser and Purchasers, their Heirs and Successors, of the Lands and Premises so purchased by him or them, according to the Tenor and Effect of such Deed of Purchase; which Bill, so prepared, the Lord Chancellor, Lord Keeper, or Commissioners for the Great Seal of England, for the Time being, are hereby authorized and required to pass under the said Great Seal, in usual Form, accordingly: And it is further Ordained, That no Fine or Fee be demanded or paid into the Hanaper, for or in the King's Name, or to his Use, upon the passing of any such Grant, or of any other Grant where Lands have been, or shall be, sold by Ordinance of Parliament, to any Person or Persons, in Satisfaction of the Debts of the Kingdom; but all and every such Fines, except as afore excepted, save only a Fourth Part of what has been formerly demanded and paid, are hereby pardoned and discharged: And it is further Ordained, That the Register for the Sale of Bishops Lands for the Time being, the Surveyors of the said Lands, the Stewards of all or any the said Courts belonging to any of the said Bishops, and all other Officers and Persons, who have in their Hands, or in the Hands of others for them, any Counterparts of Leases, Ancient Surveys, Copies of Court Rolls, Rentalls, Terriers, or other Deeds, Records, or Writings, which concern only any of the Manors or Premises so already purchased, or hereafter to be purchased as aforesaid, are hereby authorized and required, upon Sight of any such Deed of Purchase from the said Trustees as aforesaid, to deliver forthwith all the Counterparts of Leases, and all other the Records and Writings before mentioned, which concern only the Manors, Lands, and Premises, comprized within any such Deed of Purchase, unto the respective Purchasers, and no other: Provided, That no Person which maketh Title to any of the said Lands or Premises, other than the Archbishops and Bishops themselves, be compelled, by this Ordinance, to deliver out of his Hands any such Lease or Writing as aforesaid, concerning those Lands to which he maketh his Claim: And it is further Ordained and Declared, by the Authority aforesaid, That all and every Person and Persons, Bodies Politic and Corporate, who have already contracted for, (fn. *) or hereafter shall contract for, any of the said Manors, Lands, and Premises, with the Contractors appointed for the Sale of Bishops Lands, shall prosecute and procure their respective Conveyances, from the Trustees appointed to pass such Conveyances, within Eight Weeks after the passing of this Ordinance; that is to say, all such Persons as have already contracted shall prosecute and procure their respective Conveyances from the Trustees, within Eight Weeks next after the Date of this Ordinance; and such Persons as shall hereafter contract, within Eight Weeks next after the Date of their respective Contracts; unless they shew such good Cause for such their Delay as the said Contractors shall under their Hands approve of and allow; and, in Default hereof, all and every such Person and Persons, Bodies Politic and Corporate, so contracting, and making Default as aforesaid, shall forfeit a Third Part of the Value of the Monies agreed to be paid upon their respective Contracts, to be desaulked out of the Monies any Ways due to them from the Commonwealth, or to be levied upon their Lands and Goods, in such Manner as both Houses of Parliament shall hereafter ordain and appoint: And it is lastly Ordained, That this Ordinance be forthwith printed and published, and sent down to the Sheriffs of all the Counties of England and Dominion of Wales, by the Care of the said Trustees; which said respective Sheriffs are hereby required to publish the same in all their next respective County Courts, after the Receipt hereof as aforesaid."

Garland to be instituted to Tunstall.

Die Lunæ, 27 Sept. 1647.

Ordered, That Dr. Heath, or his lawful Deputy, are hereby authorized and required to give Institution and Induction unto Edward Garland Clerk, Master of Arts, to the Rectory of Tunstall, in the County of Kent, void by the Death of the late Incumbent; salvo Jure cujuscunque; producing his Presentation thereunto under the (fn. *)

Footnotes

* Bis in Originali.
A Duplicate of this Order occurs, at the End of the Proceedings of this Day, in the Original.
* Deest in Originali.
††† After this, in the Original, occurs a Duplicate of the Order for Eyre's Institution to Ashby Parva, which is entered before, p. 448.
* Sic.