DIE Jovis, 23 die Martii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. (fn. *)
Judges fined the Sheriff of Bucks, for not being at Aylsbury to hold the Assizes.
The Speaker acquainted the House, "That Yesterday Baron Trevor and Justice Pheasant did inform
him, that, coming lately to Alysbury, to keep the
Assizes for the County of Buks, they found no
Sheriff; whereupon they made Proclamation to summon the Sheriff, and read their Commission, and afterwards made Proclamation again; but, no Sheriff appearing, they fined the Sheriff, for Neglect of the
Service, Five Hundred Pounds; and have adjourned
the Assizes till Tuesday in Easter Week next, when
they will be ready to go down, to dispatch the Business of the Country: They understand that the
Sheriff hath procured some Writing under Doctor
Aylett's Hand, which he takes Advantage of. And
further the Judges understand, that the Sheriff appointed by both Houses of Parliament hath taken out
his Writ, named his Under Sheriff, signed Warrants
and Writs; but makes a Scruple of taking the Oath
of Sheriff, in regard he conceives, in regard the Votes
of the Houses forbid any Addresses to the King, and
by the Oath it is required he shall reveal to the King
all Secrets as concerns His Majesty."
Doctor Aylett to attend about it.
Upon this, the House Ordered, That Doctor Aylett
do attend this House To-morrow Morning; and then the
House will take the Business into Consideration.
Ordinance for Restitution of Doctor Gouge & al. Trustees for Impropriations for Charitable Uses.
An Ordinance for the Restitution of Doctor Wm.
Gouge and others the Surviving Trustees for buying in
of Impropriations, and other Hereditaments, to be employed for Pious and Charitable Uses, was presented to
the House, and read; and approved of, and ordered to
be sent to the House of Commons for their Concurrence.
Sir C. Coote's Ordinance.
An Ordinance for Two Thousand Pounds to be paid
to Sir Charles Coote, was read, and Agreed to.
(Here enter it.)
Message to the H. C. with Ordinances; -and about Commanders of Ships.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
1. To deliver to them the Petition of the Lord
Brereton, with special Recommendations.
2. To deliver to them the Petition of the Lady Beaumont, with Recommendations.
3. To let them know, that this House do not agree to
the Alterations in the Commanders of The Phonix, Antilope, and The Recovery; but adhere to the Commanders of those Ships, as they were sent down to the
House of Commons.
Lane and Bawd.
Upon reading the Petition of Robert Lane: It is Ordered, That Mr. Bawde shall have a Copy of this
Petition, and return his Answer within Three Weeks
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons,
by Sir Walter Earle Knight; who brought up an Ordinance for Fifteen Hundred (fn. *) Pounds, to be paid the
Lady Eleanor Drake, wherein their Lordships Concurrence is desired.
L. Pawlet's Composition.
It is Ordered, That the Commissioners at Goldsmithes
Hall do certify to this House, the next Day after the
Committee sits, the Proceedings of the Lord Pawlett's
Composition, and the Grounds of retaining the Rents in
the Hands of the Tenants.
The Answer returned was:
Answer to the H. C.
That this House will take this Message into Consideration, and send an Answer by Messengers of their
Answer from thence.
Doctor Bennett and Mr. Eltonheade return with this
Answer from the House of Commons:
|1. That they agree to the Order concerning the Surveying of Worcester House. ||(Here enter them.)
|2. To the Alterations in the additional
Ordinance concerning the Sale of Bishops
To all the rest of the Particulars, they will send an
Answer by Messengers of their own.
Ordinance to continue Sir T. Fairfax Constable of The Tower.
It being moved, "That an Ordinance might be
brought in, for continuing Sir Thomas Fairfax Constable of The Tower, during the Pleasure of both
And the House ordered these Lords Committees following to prepare an Ordinance for this Purpose, and
report the same to the House:
Sir J. Brook's Claim to the Barony of Cobham.
Ordered, That Sir John Brooke's Title and Claim
to be Lord Cobham shall be heard on Monday next, at
which Time the Heralds are to attend.
Order for 2000l. for Sir Charles Coote.
"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Two Thousand
Pounds be paid in Course (after other Assignments
already charged shall be first satisfied), out of the
Moiety of the Receipts of the Excise which is not
engaged by Ordinance of Parliament for the Arrears
of the Soldiery, to come in upon the several Ordinances of Parliament, with Interest for the same at Eight
Pounds per Centum, from the 16th Day of February,
1647, payable every Six Months, unto Sir Charles
Coote Knight and Baronet, Lord President of Connaught, his Executors and Assigns, to be defaulked
out of his Entertainment; and the Commissioners of
Excise for the Time being are hereby authorized to
make Payment of the said Two Thousand Pounds and
Interest accordingly unto the said Sir Charles Coote,
his Executors or Assigns; whose Receipt or Receipts
of the said Sir Charles Coote, his Executors or Assigns,
shall be the Commissioners of Excise their sufficient
Warrant and Discharge in that Behalf: And be it
further Ordained, That if any well-affected Person or
Persons shall advance and lend the said Two Thousand
Pounds, or any Part or Parcel thereof, unto the said
Sir Charles Coote, his Executors or Assigns, that every
such Person or Persons respectively shall be satisfied
and reimbursed the said Two Thousand Pounds, and
Interest as aforesaid, out of the Moiety of the Receipts of the Excise, in Manner aforesaid; and shall
not, by any other Order or Ordinance of One or
both Houses of Parliament, be debarred from being
satisfied and reimbursed accordingly; and it shall be
lawful for the said Sir Charles Coote, his Assignee or
Assigns, to assign over the said Sum of Two Thousand Pounds, or any Part or Parcel thereof, with
Interest, unto such Person or Persons, their Executors, Administrators, or Assigns, who shall advance
the same, or any Part thereof, whose Assignation or
Assignations shall be to the said Advancer or Advancers their sufficient Warrant to receive the said
Sum, with Interest, from the Commissioners of Excise,
from Time to Time, as the same, or any Part thereof,
shall become due and payable, with Interest as aforesaid; and the Receipt or Receipts of the said Sir
Charles Coote, his Heirs, Executors, or Assigns, or Advancer or Advancers, their Executors or Assigns, shall
be to the Commissioners of Excise their sufficient
Warrant and Discharge, for the Payment of the said
Sum of Two Thousand Pounds, and Interest for the
same, and every Part and Parcel thereof."
"An additional Ordinance of the Lords and Commons assembled in Parliament, for the Explanation and better Execution of former Ordinances, for the Sale of the Lands and Possessions of the late Archbishops and Bishops,
within the Realm of England and Dominion
Additional Ordinance for Sale of Bishops Lands.
"To prevent all further Delays and Neglects, in
paying in Monies, and perfecting Conveyances, by such
who have contracted for Bishops Lands: It is Ordered and Ordained, by the Lords and Commons
assembled in Parliament, That all and every such
Person or Persons who have contracted, or shall
hereafter contract, for any Lands, Possessions, or Hereditaments, of the late Archbishops and Bishops,
and, according to an Ordinance of the Three and
Twentieth of September, One Thousand Six Hundred Forty and Seven, have obtained, or shall obtain,
from any Five or more of the Contractors for Sale
of the said Lands, any Certificate of Allowance of
any reasonable Cause shewed or to be shewed by him
or them, for his or their not prosecuting and perfecting their respective Conveyances, upon their Contracts, and shall neglect, within the Time limited by
the said Contractors Certificate, to procure his or
their respective Conveyances from the Trustees for
Sale of the said Lands, shall forfeit the Third Part of
the whole Monies payable upon his or their respective Contracts, unless he or they shall within that
Time, upon good Cause shewn, procure, from Five or
more of the said Contractors, a new Certificate, for
further Time to perfect his or their Conveyances, and
likewise pay in the Moiety of the Purchase-money
(or so much as the same shall be estimated by the
Register in case it cannot be ascertained), at such Time
as the said Contractors Certificate shall appoint, and
likewise agree to pay the Second Moiety within Six
Months after such Payment of the First: Provided,
That, if the afore-mentioned Estimate of the Moiety
of the Purchase-money paid in as aforesaid shall, upon
casting up of the Rates, appear to be more or less
than the true Moiety of the said Purchase-money, that
then there shall be such Abatement or Addition, out
of or unto the Second Payment, as shall reduce and
bring it to the just Moiety: And it is Ordered and
Ordained, That the Forfeitures of all such Persons
who have any Monies secured unto them by any of
the Ordinances for the Sale of Bishops Lands shall
be wholly defaulked by the Treasurers out of such
Monies, if sufficient to satisfy the same; if not, then
the said Treasurers are to detain so much as is due
unto them upon the said Security; and the Residue
of the said Monies so forfeited to be raised as is
directed by this Ordinance; and such Person or Persons who have no Monies on the said Security, and
notwithstanding have contracted, or shall contract, for
the said Premises, or any Part thereof, but have not
perfected his or their Conveyances according to the
said Ordinance of Parliament, his or their Forfeiture
shall likewise be levied as is directed by this present
Ordinance: And it is further Ordered and Ordained, That such Person or Persons as shall incur or
make any Forfeiture, by reason of the aforesaid or
this present Ordinance, shall pay in to the said Treasurers his or their Monies so forfeited, or so much of
it as is unsatisfied, within Ten Days next after such
Forfeiture made; and, in case the same be not paid
in to the said Treasurers within the Time before limited, the said Treasurers, or any Two of them, are
hereby required, under their Hands, to certify such
Neglects of Non-payment, unto Five or more of the
said Contractors of the said Lands, within Three Days
next after such Default made; and, after such Certificate made, the said Contractors, any Five or
more of them, are hereby required and enjoined
to make Certificates, under Five or more of their
Hands, of the Sum or Sums of Money forfeited as
aforesaid, unto the respective Committees or Commissioners for Sequestration, in the several and respective
Counties and Places, within the Realm of England and
Dominion of Wales, where such Person or Persons
forfeiting as aforesaid have or hath any Real or Personal Estate: And it is further Ordered, Ordained,
and Declared, by the Authority aforesaid, That the
said respective Committees or Commissioners for Sequestration shall, and are hereby authorized and required, upon Receipt of such Certificate from the said
Contractors, to seize, sequester, and secure, the Real
and Personal Estate of such Person or Persons so
forfeiting as aforesaid, and the same to detain in their
Custody, without Sale or Disposal thereof, for the
Space of Ten Days: Provided, That if the Person
or Persons so sequestered do pay, or cause to be paid,
in to the said Treasurers, his or their Forfeitures
within the said Ten Days, that then, upon Certificate
from the said Treasurers, or any Two of them, to
the respective Committees or Commissioners, of the
Payment thereof, the said Committees or Commissioners for Sequestrations are to discharge the Sequestration of the said Real and Personal Estate of such
Person or Persons: And it is further Ordained, That
in case such Person or Persons forfeiting as aforesaid
do not satisfy and pay in his or their Forfeitures within
the said Ten Days, that then the said Committees or
Commissioners are hereby required and authorized to
levy and raise such Sum or Sums, certified unto them
as aforesaid, by Sale of the Goods, and Receipts of
the Rents, Issues, and Profits, of the Lands of such
Person or Persons; and, after the Sum certified as
aforesaid is raised, the said Lands and Residue of the
said Goods unsold are to be discharged of the Sequestration: And it is further Ordained, That all the
said Forfeitures shall be paid in, by the respective
Committees or Commissioners, to the said Treasurers,
to be disposed of for such Purposes as are appointed
by the Ordinance of the Sixteenth of November, 1646,
as the Trustees, or any Five or more of them, shall by
their Warrant under their Hands direct, which they
are hereby authorized to do; and such their Warrant, together with the Parties Acquittance to whom
the same shall be paid according to such Warrant,
shall be a sufficient Discharge to the Treasurers in
that Behalf: And it is further Ordained, That, after
such Forfeiture incurred, it may and shall be lawful
for any Five or more of the Contractors to contract
for and sell all or any of the said Lands so contracted
for and not prosecuted, to any other Person or Persons, notwithstanding the former Contract, as if it
never had been made; any former Ordinance to the
contrary notwithstanding: And it is lastly Ordained,
That the Trustees for the said Lands do forthwith
send this present Ordinance to the respective Sheriffs
of the several Counties, Cities, and Boroughs, in the
Kingdom of England and Dominion of Wales, who
are hereby required to publish this present Ordinance,
in the chief Market Towns of the said County, the
next Market-day after the Receipt thereof; and the
Day of the Publication thereof to certify to the said
Worcester House to be surveyed, and sold to the E. of Salisbury.
"Ordered, by the Lords and Commons in Parliament assembled, That Mr. William Carter, Lawrence
Swetnam, and John Bentley, formerly employed in
surveying the Earl of Worcester's Houses and Lands
sold to William Pennoyer and others, do survey Worcester House also, with the Appurtenances, and return
their Survey to the Committee at Gouldsmiths Hall,
who are hereby authorized to contract thereupon, and
make Sale of the said Houses, with the Appurtenances, to the Earl of Salisbury, according to the
former Order of both Houses passed therein."
House adjourned till 10a
Monday Morning next.