House of Lords Journal Volume 9
22 October 1647

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1767-1830

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'House of Lords Journal Volume 9: 22 October 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 487-491. URL: http://www.british-history.ac.uk/report.aspx?compid=37143 Date accessed: 30 July 2014.


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Contents

DIE Veneris, 22 die Octobris.
Answer from the H. C. Lady Katherine Brooke's Petition. Ould Inhabitants and their Minister. Message from the H. C. with an Ordinance. Answer. Message from thence, with a Letter from the King to Sir T. Fairfax; and with Ordinances, &c. Answer. Committees to meet, to receive a Letter from the French King, by His Ambassador. Letter from the Scots Commissioners. Message to the H. C. about receiving a Letter from the French King, by His Ambassador; for Provision to be made for L. Brook's Child; and with the Letter from the Scots Commissioners. Ordinance to regulate Oxford University. Message from the Assembly, with a long Catechism. Answer to them. Provision to be made for Ld. Brook's posthumous Son. Inhabitants of St. Steven Coleman Street, Petition for Goodwin to be their Lectures. Gibbons & al. versus Noddle & al. about Axholme. Stone versus Sir R. Grosvenor, in Error. Gregg versus Lee, in Error. Lady Brooke's Petition, for a Provision to be made for a Child born after her Husband's Death. King's Children Leave to visit Him. Letter from the Scots Commissioners, that they are ordered by the Committee of Estates to wait upon the King. Report from the Visitors of Oxford University, concerning the Refusal of the V. Chancellor, and some Heads of Houses, to submit to their Visitation. The Prebendaries of Christ Church present the same Answer. Ordinance to suppress Stage Plays, &c. Order for 1030 l. to Colonel Thornhagh, expended in raising a Regiment. Order for 114 l. to Mrs. Done, due to her late Brother Major Done. Ordinance for Wright to be Mayor, and Wright and Minshall to be Sheriffs, of Chester; and to choose other Officers there. Sir A. Seaton, Leave to export Horses. Hodges to be instituted to Souldern; and Jones to Llandyferrydoge. Writs of Error brought in. Doctors of Laws, &c. freed from Assessments, &c. for their Chambers in Doctors Commons. Footnotes

DIE Veneris, 22 die Octobris.

PRAYERS, by

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Sarum.
Ds. Howard.
Ds. Mountague.
Ds. Grey.

Answer from the H. C.

Doctor Heath and Mr. Hakewill returned this Answer from the House of Commons:

That they agree to the Business concerning the French Ambassador, and the Marquis of Winchester.

Lady Katherine Brooke's Petition.

A Petition of the Lady Ketherine Brooke.

(Here enter it.)

It is Ordered, To be sent down to the House of Commons, with Recommendations, that some Course may be taken for the (fn. *)

Ould Inhabitants and their Minister.

Upon reading the Petition of the Inhabitants of Old, in the County of North'ton, concerning their Minister:

It is Ordered, That, on Thursday come Fortnight, both Sides shall be heard, by Counsel; at which Time, Sir John Dreyden Baronet and Sir Gilbert Pyckerings are desired to be then present.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Edwards:

To desire their Concurrence in an Ordinance concerning Election of a Mayor and other Officers of the City of Chester.

Read, and Agreed to.

The (fn. †) Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Message from thence, with a Letter from the King to Sir T. Fairfax; and with Ordinances, &c.

A Message was brought from the House of Commons, by Sir John Hippesley Knight:

1. To acquaint their Lordships with a Letter sent from the King to Sir Thomas Fairefax, and an Order thereupon made. (Here enter it.)

The Order read, and Agreed to.

2. An Ordinance for suppressing of Interludes and Stage Plays. (Here enter it.)

Agreed to.

3. An Ordinance for Colonel Thornhaugh.

(Here enter it.)

Agreed to.

4. An Ordinance for One Hundred Fourteen Pounds to be paid to Mrs. Jane Done, Executrix to Major Done, out of the Receipts at Goldsmithes Hall, in Course.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Orders and Ordinances now brought up.

Committees to meet, to receive a Letter from the French King, by His Ambassador.

The Speaker acquainted the House, "That the Ambassador in Ordinary for the French King desires he may deliver a Letter, which he hath received from his Master, directed to the Parliament of England:"

It is Ordered, That the Committee for Foreign Affairs do meet To-morrow in the Afternoon, in the Painted Chamber, at Three a Clock, and receive the said Letter; and the Concurrence of the House of Commons to be desired herein.

Letter from the Scots Commissioners.

A Letter from the Scotts Commissioners was read, and Ordered to be sent to the House of Commons.

(Here enter it.)

Message to the H. C. about receiving a Letter from the French King, by His Ambassador; for Provision to be made for L. Brook's Child; and with the Letter from the Scots Commissioners.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hakewill:

1. To desire that the Committee for Foreign Affairs may meet To-morrow in the Afternoon, in the Painted Chamber, at Three a Clock, to receive from the French Ambassador in Ordinary a Letter which he hath to deliver from his Master, directed to the Parliament.

2. To deliver to them the Petition of the Lady Katherine Brooke; and to desire that, in regard that the Lord Brooke died in the Service of the Parliament, and his Lady being left big with Child; upon a Petition sent to the House of Commons, it was desired that a Provision may be taken for the Maintenance of that Child: Therefore to recommend the same again now to the House of Commons, that they take some speedy Course herein.

3. To deliver to them the Letter from the Scotts Commissioners.

The Earl of Pembrooke reported, from the Committee for regulating the University of Oxford, a Paper; which was read.

(Here enter it.)

Ordinance to regulate Oxford University.

Upon which, an Ordinance was presented in Pursuance thereof; which, being read, was Agreed to, and Ordered to be sent to the House of Commons for their Concurrence: Which accordingly was done, by Doctor Heath and Mr. Hakewill.

Message from the Assembly, with a long Catechism.

A Message was brought, by Mr. Prolocutor, from the Assembly of Divines; who said, "The Assembly of Divines have made a long Catechism, which they present to their Lordships Consideration; and they intend shortly to prepare a shorter Catechism."

Answer to them.

The House returned Thanks to the Assembly, for their ready Observance to the Orders of Parliament, and for their great Labour and Pains in compiling this long Catechism; and to desire them to go on in making the short Catechism, which their Lordships shall be ready to receive.

Provision to be made for Ld. Brook's posthumous Son.

The Lords, taking into Consideration the faithful Service of Robert Lord Brooke, who lost his Life in the Service of the Parliament; upon whose Death, the Houses promised to take Care for the Breeding and Maintenance of that Child which his Lady was with Child of at that Time; and now, in regard the said Child grows up to Years fit to be educated, and no Provision being made for him by the said Lord Brooke, the Lords desire that the House of Commons would take some speedy Course for some Provision, for his Education and future Subsistence.

Inhabitants of St. Steven Coleman Street, Petition for Goodwin to be their Lectures.

Upon reading the Petition of the Inhabitants of Steven Coleman Streete; desiring, "That Mr. John Goodwin may be admitted to be their Lecturer, and preach every Lord's-day:"

It is Ordered, That the Order mentioned in the said Petition be produced, and then this House will give further Direction.

Gibbons & al. versus Noddle & al. about Axholme.

Ordered, That the Business concerning the Isle of Axholme shall be heard on Monday Morning next.

Stone versus Sir R. Grosvenor, in Error.

Ordered, That the Cause between Thomas Stone Esquire, and Sir Richard (fn. *) Crosevermore, upon a Writ of Error, shall be argued, at this Bar, on Monday Sevennight, being the First of November next: The Judges to be present.

Gregg versus Lee, in Error.

Ordered, That the Cause between Gregg and Lee, upon a Writ of Error, shall be argued, at this Bar, on Monday Sevennight, being the First of November next.

Lady Brooke's Petition, for a Provision to be made for a Child born after her Husband's Death.

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

The humble Petition of the Lady Katherin Brooke;

Sheweth,

"That your Petitioner's late Husband, at the Time he lost his Life in the Parliament's Service, not well knowing of your Petitioner's being then with Child, made no Provision for its Livelihood; for which Cause, the Honourable House of Commons did, in August last was Three Years, very honourably order, That they would take the Child into Consideration in due Time. Your Petitioner ever since (in regard of the weighty Affairs of the Kingdom) hath been therein silent: But now the Child's Age calling for Maintenance;

She humbly prayeth, his sad Condition may by your Lordships (in regard his Father was a Member of your House) be recommended to the Honourable House of Commons; with your Desire, That, according to their Order, they will take him into Consideration.

"And your Petitioner shall pray, &c.

"Ka. Brooke."

King's Children Leave to visit Him.

"Ordered, by the Lords and Commons assembled in Parliament, That the Earl of Northumberland shall have Liberty, and it is referred unto him, at his Discretion, at such Time, and in such Manner, as he shall think fit, to send the King's Children to visit the King."

Letter from the Scots Commissioners, that they are ordered by the Committee of Estates to wait upon the King.

For the Right Honnorable the Speaker of the House of Peeres pro Tempore.

Right Honnorable,

"The Committee of the Estates of the Parliament of Scotland haveing sent hither some of their Number, and layd their Commaunds upon us to waite upon the King's Majesty; wee thought fitt to acquaint the Honnorable Houses therewith; and doe assure, as there is nothinge which the Kingdome of Scotland doe more earnestly desire then that there may be a happy and speedy Period of the Troubles of these Kingdomes, foe is it their constant Resolution to preserve a good Correspondence betweene them, and that there may be still continued a Conjunction of the Councells and Endeavors of both Nations, for procureing a good Agreement and lastinge Peace betweene the Kinge and His Parliaments. Wee rest

Worcester House, the

Your Lordship's
Humble Servaunts,

Ex'r.
Loudonn.
Charles Erskine.
Heu Kennedy.
Lauderdaill.
Ro. Barclay."

Report from the Visitors of Oxford University, concerning the Refusal of the V. Chancellor, and some Heads of Houses, to submit to their Visitation.

Octobris 19, 1647.

At the Committee of Lords and Commons for the Regulation of the University of Oxford.

Ordered, That a Report be made to both Houses, of the Summons sent to the Visitors appointed by Parliament for Visitation of the University of Oxford, to Doctor Fell exercising the Place of Vice-chancellor of that University, the Heads of Houses, Proctors, Professors, and Delegates of that University, with their several Answers thereunto; presented to this Committee by the Hands of Mr. Henry Wilkinson, and the Register of the Visitors by their Order.

The Answers of Doctor Fell, exercising the Place of Vice-chancellor, of the Heads of Houses, Doctors, Proctors, Officers, and Delegates, of the University of Oxonford.

1. First, After Summons sent to them severally, by a Mandatory, they came; and first told us, They did not know by what Authority the Visitors did send for them; and thereupon desired a View and a Copy of the Commission of the Visitors: Which Thing was granted them.

2. After the Perusal of the Commission, and according to their Summons appearing, they brought in their several Answers, which were to this Effect:

The Prebendaries of Christ Church present the same Answer.

That they could not submit to this Visitation; because they could not acknowledge any Visitors but the King, or such as are immediately sent by His Majesty. This was the Answer of the Delegates, chosen in a Convocation the First of June, and appointed to give in their Answer in the Name of the University by Name; (videlicet,)

Pincke. Doctores
Doctores Bayly. Med.
Petter.
Shelden.
Oliver. Doctores
Langbaine.
Pitt.
Hamond.
Sanderson.
Morley.
Sugge.
Sanders
Clayton.
Mayplett.
Aleworth.
Wake.
Wainwright.
Mr. Tozer,
in Artibus.
Barlowe.
Webberly.
Baker Col. No.
Newell.
Good.
Mr. Walker,
in Artibus.
How, Col.
Trin.
Creed, Jo.
Col.
Howson meet.
Col.
Stradlin, Om.
Animarum.
Clutterbooke.

2. Others said, They could not bring in their Registers and Statutes, &c. according to the Visitors Order, because of the Oaths which they had taken, to observe the Statutes of their respective Houses; which, as they say, binds them,

1. First, Not to reveal the Secrets of their Colleges; which they must needs do, if they should obey the Order sent unto them from the Visitors.

2. Secondly, By Statute, some Bishops were appointed to be Visitors of the several Colleges; and therefore could not without Perjury submit to the Visitation.

These were the Answers of the Heads of these several Colleges; videlicet,

New Colledg.
All Soules Coll.
St. John's Coll.
Whaddam.
Exceter Coll.
Queen's Coll.
Univ'sity Coll.
Brasen Nose Coll.
Lincolne Coll.

"Moreover, some added to this Answer, That some of their Society, whose Consent was requisite, were absent from the University; and therefore could not send in their Books; (videlicet,)

Queene's Coll.
Balioll Coll.
Oriell Coll.
Corpus Chr. Coll.
Lincolne Colledge.
Doctor Potter,
The President of Trinity Coll. answers, He cannot get the Resolution of the Fellows, without whose Consent he cannot come by the Books required by Order.
Doctor Pellam,
The Vice President of Magdalen, denying his Appearance, sent by the Visitors Mandatory this Answer, That his Business was within the College; and he had nothing, nor would have any Thing, to do in meddling with any general Business out of the College.
Sir Nath. Brent,
The Warden of Merton Coll. professed before the Visitors, That they should have the Books of his College whenever they called for them.
Mr. Langley,
The Master of Pembrooke Colledge, put in by Ordinance of Parliament, brought in what Books he could find; for he was opposed by Mr. Whitwick, who pretended to be Master, and was put out by the Parliament.

Jesus Colledge, submitted to the Visitation; and sent in their Books, according to Order.

"The Beadles of the University, being required to bring in their Staves, the Ensigns of their Office, answered, "The Vice Chancellor had them; who told them, he could not deliver them without the whole Consent of the University."

"Doctor Fell, exercising the Place of Vice-chancellor, being Five several Times sent to by the Visitors, to appear before them, and to bring in the Ensigns of his Office, refused to come, and also to send what was required; whereupon the Visitors made an Act, by which they divested him of that Office he pretended to: And also they made an Act of adjourning the Term till the 15th of November next; notwithstanding which Act, Doctor Fell did begin the Term, contrary to the Order of the Visitors, which they published to the University, and of which they sent him a Copy."

Ordinance to suppress Stage Plays, &c.

"For the better uppression of Stage Plays, Interludes, and Common Plays: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Lord Mayor, Justices of the Peace, and Sheriffs of the Cities of London and Westm'r, the Counties of Midd. and Surrey, or any Two or more of them, shall and may, and are hereby authorized and required to, enter into all Houses and other Places, within the Cities of London and Liberties thereof, and other Places within their respective Jurisdictions, where Stage Plays, Interludes, or other Common Plays, are, or shall be, acted or played; and all such Common Players or Actors as they, upon View of them, or any One of them, or upon Oath by Two credible Witnesses (which they are hereby authorized to minister), shall be proved before them, or any Two of them, to have acted and played in such Play-houses or Places abovesaid, and all Person and Persons so offending, to commit to any Common Goal, or Prison, there to remain until the next General Sessions of the Peace holden within the said City of London or Liberties thereof, and Places aforesaid, or sufficient Security entered for his or their Appearance at the said Sessions, there to be punished as Rogues, according to Law."

Order for 1030 l. to Colonel Thornhagh, expended in raising a Regiment.

"Whereas it appears, by Certificate under the Hand of the Committee of Nottingham, That Colonel Francis Thornhagh hath expended and laid out, of his own proper Monies, the Sum of One Thousand and Thirty Pounds, in the Raising of a Regiment of Horse, for the Service of the Parliament, for which Debt as yet he hath received no Satisfaction: It is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, and the said Lords and Commons do order and ordain, That he the said Francis Thornhagh, his Executors, Administrators, and Assigns, shall be satisfied and paid his said Debt of One Thousand and Thirty Pounds, out of the Rents, Issues, and Profits, of the Lands and Estate whatsoever of Thomas Markham, a Papist, who was in Arms against the Parliament; and all Committees and Agents of Sequestration, and all other Officers employed by the Parliament concerning the Estate of the said Thomas Markham, are to be aiding and assisting unto the said Colonel, for his receiving the said Rents, until the said Sum be fully paid."

Order for 114 l. to Mrs. Done, due to her late Brother Major Done.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Treasurers of Gouldsmiths Hall, to pay unto Mrs. Jane Done, Sister and Executrix of Major John Done, slain in the Service of the Parliament, the Sum of One Hundred and Fourteen Pounds, or so much thereof as shall appear to be due, upon the Public Faith or otherwise, unto the said Major, for his Entertainment under the Earl of Manchester, as Captain of a Foot Company, according to the Certificate of the Committee for Accompts already certified; and that it be charged upon the Moiety of the Receipts at Gouldsmiths Hall in Course, and paid unto Mrs. Jane Done, or her Assigns; and that the Acquittance of the said Mrs. Jane Done, or her Assigns, shall be a sufficient Warrant and Discharge for the said Monies so paid. And all former Orders or Ordinances made and passed, for Payment of the said One Hundred and Fourteen Pounds out of Gouldsmiths Hall, are hereby repealed, annulled, and made void."

Ordinance for Wright to be Mayor, and Wright and Minshall to be Sheriffs, of Chester; and to choose other Officers there.

"Whereas the City of Chester hath been, and continues, grievously infected with the Plague of Pestilence, so that the Citizens thereof could not without inevitable Danger assemble at the usual Time and Place, to elect a Mayor, Sheriffs, and other Officers of the said City, for this present Year: It is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Robert Wright, Alderman of the said City, shall be Mayor of the said City for this present Year, until the usual Time of Election in the Year 1648, according to the Charter of the said City; and that William Wright and Richard Minshall, Citizens thereof, shall be Sheriffs of the same City for this present Year, until the Time aforesaid; and the said Mayor shall take the several Oaths which usually the Mayors of that City at their Election have taken, which shall be administered by Christopher Blease Esquire, Alderman of the said City, and in his Absence by the Eldest Alderman resident in the said City; and the said Mayor, having taken such Oaths, shall give to the said William Wright and Richard Minshall the several Oaths which the Sheriffs of the said City have usually taken at their Elections; and the said Mayor, with the Advice of the Aldermen and Common Council, shall, upon the Day of the taking their said Oaths, make Choice of such other Officers for this present Year as are usually elected and chosen upon the Election of the Mayor and Sheriffs; and the said Robert Wright, Mayor, shall give unto the said Officers, so elected and chosen, the Oaths usually taken by such Officers: And it is further Ordained, That the said Robert Wright, and Richard Minshall, shall be, and hereby are made, Mayor and Sheriffs of the said City, during the Time aforesaid, to all Intents and Purposes as if they had been elected at the usual Time: Provided, That this Ordinance, or any Thing therein contained, shall not for Time to come prejudice the Charter of the said City, nor any of the Ancient Privileges, Liberties, and Immunities thereof."

Sir A. Seaton, Leave to export Horses.

Ordered, by the Lords in Parliament assembled, That Sir Alexander Seaton hath Liberty to transport Three Horses into France, Custom-free, with a Groom.

Hodges to be instituted to Souldern;

Ordered, &c. That Doctor Heath give Institution and Induction unto Thomas Hodges Clerk, Master of Arts, to the Rectory of Soulderne, in Com. Oxon, void by the Death of the last Incumbent; the Presentation thereof being in the Masters, Fellows, and Scholars, of the College of St. John's, in the University of Cambridge; with a Salvo Jure cujuscunque.

and Jones to Llandyferrydoge.

Ordered, That Doctor Heath give Institution and Induction unto Evan Jones Clerk, Batchelor of Arts, unto the Rectory of Landdyferydoge, in Com. Anglisey, void by the Death of the last Incumbent, salvo Jure cujuscunque; he taking the National League and Covenant: Presentation under the Great Seal.

Writs of Error brought in.

This Day Mr. Justice Bacon brought in these following Writs of Error, to reverse the several Judgements in the King's Bench:

1. Towers versus Dickenson.

2. Thomas versus Richards.

3. Patten versus Hillard.

4. Symonds versus Fitz hugh.

5. Symonds versus Wells.

6. Woodhouse versus Gudon.

7. Certior. inter Barrett & Compton Mil. & al.

8. Certior. inter Collins & Tayler.

Doctors of Laws, &c. freed from Assessments, &c. for their Chambers in Doctors Commons.

Upon the Petition of the Doctors of the Civil Laws, read this Day in the House:

It is Ordered, That the said Doctors are, and shall be, all and every of them, clearly freed and discharged from all Manner of Taxes, Levies, or Assessments, of what Kind soever, for and touching their Chambers and Studies in The Doctors Commons, in as full and ample Manner as any of the Serjeants, Benchers, and Barristers, of The Serjeants Innes, and Innes of Court, have been, or are, for their Chambers and Studies in the said Houses respectively; and hereof all Persons concerned are to take Notice, and govern themselves accordingly.

Footnotes

* Sic.
Origin. answered.
* Sic.