House of Lords Journal Volume 8: 30 October 1646

DIE Veneris, 30 die Octobris.

PRAYERS, by Mr. Calamy.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

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 Alteration in the Ordinance concerning the Peers of this Realm. (Here enter it.)

And in referring the preparing of Instructions for the Lord Lilse to the Members of both Houses that are of the Committee of both Kingdoms.

To all the rest, they will send an Answer by Messengers of their own.

Walter & Uxor.

Upon reading the Petition of Mr. Walter; complaining, "That his Wise hath not put in her Answer, according to the Order of this House of the 2d of October:"

It is Ordered, that the said Eliz. Walter shall put in her Answer by this Day Fortnight; and in Default thereof she shall be sent for as a Delinquent for her Contempt.

Appleby to be instituted to Quarington.

Ordered, That Doctor Aylett do give Institution and Induction to Thomas Appleby Clerk, to the Rectory and Parish Church of Quarington, in the County of Lyncolne, void by the Death of John Nixon Clerk, the late Incumbent; the said Mr. Appleby producing his Presentation of the Earl of Northumb.

Lady Petre versus Withypole, about the Custody of Ly. Fernier.

This Day the Counsel was heard, between the Lady Petre and Mr. Withypole, concerning the Custody of the Lady Farmer, who is a Lunatic.

The Counsel of Mr. Withypole insisted, "That the Petition of the Lady Petre ought not to be received, because it is in the Name of a Feme Covert, who is not in any Capacity to sue any Person; and also that the said Mr. Withypole is appointed, by Order of this House, to have the Custody of her."

But the Counsel of the Lady Petre said, "That the said Mr. Withypole is one that resides not in England, and hath not a visible Estate to be answerable for what comes to his Hands."

The House taking this into Consideration; Ordered, That the Counsel should be called in again, and told, "That this House doth lay aside the Petition of the Lady Petre; and in regard the Court of Wards is put down, this House doth take the Lady Farmer into their Care, and intends to hear the Information of the Counsel, in Behalf of the Lady Farmer, on Wednesday next, and what they shall offer to this House why Custody of the Lady Farmer should not be committed to Mr. Withypole: At which Time this House will likewise hear the Counsel of Mr. Withypole, what he can offer, why he should be continued to have the Custody of the said Lady Farmer."

The Counsel on both Sides were called in, and told as aforesaid by the Speaker.

Warner to be instituted to Portshead.

Ordered, That Doctor Heath shall give Institution and Induction to Nath. Warner, to the Parsonage of Porteshead, in the County of Somersett; being presented thereunto by Mrs. Joane Tucker, the Patroness thereof.

Inhabitants of Edmund Lombard-street, Petition for Launce to be their Minister.

Upon reading the Petition of the Inhabitants of the Parish of Edmund the King, in Lumber-streete, London; desiring, "That Mr. Wm. Launce may be presented to be their Minister, in the room of Mr. Ephraim Pagett deceased."

And because the said Mr. Lance is One of the Assembly of Divines, but hath absented himself for some Time from the said Assembly: It is Ordered, upon this Petition, That the Assembly of Divines do certify their Opinions concerning the said Mr. Launce.

Captain Farwell, a Protection till his Arrears are paid.

Upon reading the Petition of Captain Sherrington Farwell; complaining, "That there is a pretended Debt of Five Hundred Pounds, which he is sued for; therefore desires the Protection of this House, in regard he hath (fn. 1) been, and is, in the Service of the Parliament, and hath many Arrears due unto him."

And it is Ordered, That the said Farwell shall have the Protection of this House, for his Person, until such Time as he shall be able to receive his Arrears, or some Part thereof, whereby he may pay his Debts.

Message from the H. C. with an Ordinance, and Commission for the Great Seal.

A Message was brought from the House of Commons, by Mr. Reynolds, &c.; who brought up an Ordinance concerning the Great Seal of England, wherein they desire their Lordships Concurrence; and likewise a Commission, wherein Concurrence is desired.

The Answer returned was:

Answer.

That this House will send an Answer by Messengers of their own.

Ordinance about the Great Seal.

The said Ordinance was read the Second Time; and the House was adjourned into a Committee during Pleasure, to take the same into Consideration.

The House was resumed.

And the said Ordinance was read the Third Time.

The Commission.

Next, the Commission was read Twice.

And the Question was put, "Whether to have some Amendments to this Commission now read, or not?"

And it was Resolved in the Affirmative.

Next, the Question was put, "Whether to have the Time in the Commission limited to the Time in the Ordinance?"

And it was Resolved in the Affirmative.

Committee to prepare Amendments to it.

Then the Earl of Kent, the Lord Wharton, and the Lord North, were appointed to draw up the Amendments, and present the same to the House.

Which being done and read;

And the Question being put, "Whether to agree to this Ordinance and this Commission, with the Amendments now read?"

It was Resolved in the Affirmative.

Message to the H. C. with it;

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

To deliver to them the Ordinance and the Commission, with the Amendments concerning the Commissioners of the Great Seal; to which Amendments their Concurrence is desired.

and to prolong the E. of Cleveland's Leave.

2. To desire their Concurrence, that the Leave to the Earl of Cleaveland may (fn. 2) be continued for Two Months longer, upon the same Security he now stands in.

Ordinance to continue the Treasurers at War, &c.

Ordered, That the Report of the Ordinance concerning the Treasurers of the Army, shall be made the next Time the House meets.

It (fn. 2) was moved, "That the House might be adjourned till Tuesday next."

And it was by others moved, "it might be adjourned till To-morrow."

And the Question was put, "Whether the Question should be first put, whether the House should be adjourned till To-morrow ?"

And the Votes were even.

House to be adjourned till To-morrow.

Next, the Question was put, "Whether to have this House to be adjourned till To-morrow Morning, at Ten of the Clock ?"

It was Resolved in the Affirmative.

Ordinance to prevent Peers from sitting in Parliament, who have been created since May, 1642.

"An Ordinance concerning the Peers of Parliament, and other Honours and Titles.

"Whereas the Well-government of this Kingdom doth much depend upon the Wisdom, Faithfulness, and Integrity of Persons as shall serve in Parliament; and great Danger might ensue to the Commonwealth, if the King, since such Time as (being seduced by evil Counsel) He hath raised War against the Parliament, might convey any Honours and Preferments without Consent of Parliament: The Lords and Commons now assembled in Parliament have Declared, Ordered, and Ordained, and do hereby Order, Declare, and Ordain, That all Persons who pretend or challenge, or shall pretend or challenge, to be Peers and Lords of Parliament, made since the Day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament, and that the said Great Seal was surreptitiously conveyed from the Parliament, being the 21th Day of May, 1642, and likewise that those who shall be hereafter made Peers or Lords of Parliament, shall not sit or vote in the Parliament of England, without Consent of both Houses of Parliament; and that all Honours and Titles conferred on any, without Consent of both Houses of Parliament, since the 20th of May, 1642, being the Day that both Houses declared, "That the King seduced by evil Counsel intended to raise War against the Parliament," be null and void: And it is hereby Declared, Ordered, and Ordained, That no Person or Persons, upon whom any Honour or Title hath been conferred, without Consent of both Houses of Parliament, since the said 20th Day of May, 1642, shall, in any Writ, Summons, Process, or other legal Proceedings, or in any Grant, Contract, or Converse, be called or styled by the Name of any such Honour or Title; nor shall, by Colour of any such Grant, have, use, or enjoy, any Place, Privilege, or Precedence, whatsoever."