House of Lords Journal Volume 9
6 April 1647

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1767-1830

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'House of Lords Journal Volume 9: 6 April 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 121-126. URL: http://british-history.ac.uk/report.aspx?compid=37013 Date accessed: 25 October 2014.


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DIE Martis, 6 die Aprilis.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Northumb.
Comes Warwicke.
Comes Sarum.
Comes Suffolke.
Comes Lyncolne.
Comes Kente.
L. Viscount Say & Seale.
Comes Nottingham.
Comes Midd.
Ds. Robertes.
Ds. Hunsdon.
Ds. Howard.
Ds. Dacres.
Ds. Bruce.
Ds. Grey.
Ds. Wharton.
Ds. Willoughby.
Ds. Maynard.

Sir H. Calvesey and Hughes and Anyon.

The Earl of Warwicke reported a Paper from the Commissioners at Gouldsmithes Hall, which was read:

"Sabbati, 3 April, 1647.

"By the Commissioners for compounding with Delinquents, it is Ordered, That the Right Honourable the Earl of Warwicke do report to the Lords, That this Committee have examined the Business of the Attachment of Sir Hugh Calveley's Money, and heard the Parties on both Sides, and are satisfied that the Seizure is fair and legal; and do therefore desire that the Restraint on the Sheriffs and others by their Lordships Order be taken off, and the Parties left to proceed in Law."

Hereupon it is Ordered, That the Restraint upon the Sheriffs by the Order of this House is hereby taken off, and the Parties left to proceed in Law.

Hawkeridge's Petition, for a Consideration for his Losses by the Turks.

Upon reading the Petition of Captain Hawkeridge: It is Ordered, To be communicated to the House of Commons, that it may, be referred to the Committee for Foreign Affairs, to consider what Way is fit to give him Relief for his great Losses received by the Turks of Argier, and to make Report thereof to the Houses.

Capt. Kettleby to be released.

Upon reading a Report from the Committee for the Admiralty and Cinque (fn. *) Ports, "That they think it fit that Captain Kettleby be released from his Imprisonment, being taken a Prisoner of War at Newcastle, 1643, in The Bonadventure; and he being now very aged and weak, and in Necessity of Want (fn. *) of Maintenance:"

Message to the H. C. about it.

This House thinks it fit, upon the aforesaid Grounds, that the said Captain Kettleby shall be released from his Imprisonment; and that the Concurrence of the House of Commons be desired herein: Which was accordingly sent down presently, by Doctor Aylett, &c.

Walcott's Ordinance;

The Ordinance for pardoning the Delinquency, and taking off the Sequestration, of the Estate of Humphrey Walcott, was read, and Agreed to. (Here enter it.)

Sir R. Holford's;

The Ordinance for taking off the Delinquency of Sir Richard Holford, was read, and Agreed to.

(Here enter it.)

Edmunds's;

The Ordinance for taking off the Delinquency of Thomas Edmonds, was read, and Agreed to.

(Here enter it.)

Lewins's;

The Ordinance for taking off the Delinquency of Lewis Lewins, was read, and Agreed to.

(Here enter it.)

Bishop's & al.

The Ordinance taking off the Delinquencies of Wm. Bishop, Wm. Knight, Rob't Beck, and Rob't Knight, and Ric'd Wetherell, was read, and Agreed to.

(Here enter it.)

Awdley's;

The Ordinance for taking off the Delinquency of Wheathill Awdley, was read, and Agreed to.

(Here enter it.)

Leighs;

The Ordinance for taking off the Delinquency of Thomas Leigh, Peter Leigh, Charles Leigh, and Henry Leigh, was read, and Agreed to. (Here enter it.)

Sir R. Thorold's;

The Ordinance for taking off the Delinquency of Sir Robert Thorold, was read, and Agreed to.

(Here enter.)

Sir R. Wingfield's;

The Ordinance for taking off the Delinquency of Sir Ric'd Wingfield, was read, and Agreed to.

(Here enter it.)

and Newton's;

The Ordinance for taking off the Delinquency of John Newton, was read, and Agreed to. (Here enter it.)

Courteen and the E. I. Company.

The Answer of the East India Company to Mr. Courten's Petition, was read: (Here enter it.) And Ordered, That, on Thursday come Sevennight, all Parties shall be heard, concerning this Business, at this Bar, by Counsel.

Answer from the H. C.

Sir Edward Leech and Doctor Aylett return with this Answer from the House of Commons:

That they agree in sending the Committee to borrow the Two Hundred Thousand Pounds, for the Service of England and Ireland, of the City of London; and they agree to the reducing the Quorum of the Committee that is to go to the Prince Elector: To the Petition of the poor Widows, they will take it into Consideration.

Message to the H. C. with the Petition from Clun.

The Petition of the Inhabitants of the Parish of Clun was sent down to the House of Commons, with the former Sense of this House thereupon, by Sir Edward Leech and Doctor Aylett.

Committee to consider how to proceed against a Man indicted for Blasphemy at Norwich.

Upon Information to this House, by the Speaker, That Baron Trevor, in this last Circuit at Norwich, had a Person brought before him, upon an Indictment for horrid Blasphemies against Christ; which Indictment was found, but the Judge thought fit to respite any further Proceedings against him until further Direction of this House:"

Therefore this House Ordered, That the Person shall not be bailed: and that it is referred to these Lords following, to examine this Business, and to send for such Persons as they shall think fit, and report the same to this House:

Comes Lyncolne.
Comes Warwicke.
Comes Sarum.
Comes Suffolke.
Ds. Hunsdon.
Ds. Howard.
Ds. Grey.
Ds. Willoughby.

Any Three, to meet on Thursday next, in the Afternoon; and to adjourn themselves from Time to Time.

Col. Castle's Letter sent to the H. C.

The Letter of Colonel James Castle, was read, concerning a Riot at Leverpole.

It is Ordered, To be sent to the House of Commons, by Sir Edward Leech and Doctor Aylett.

Report about the Scots Army in Ulster.

The Earl of Northumb. reported from the Committee at Derby House, for the Affairs of Dublyn, a Report concerning the Scotch Army in Ulster, which was read.

(Here enter it.)

E. of Mulgrave excused.

The Earl of Mulgrave's Absence from the House this Day is excused.

Committee for borrowing 200,000 l.

The Earl of Sarum, Earl of Suffolke, and the Lord Viscount Say & Seale, Lord Grey, Lord Hunsdon, are added to the Committee appointed to go into London, to treat about borrowing Two Hundred Thousand Pounds, for the Service of England and Ireland.

Message from the H. C. with Votes about the Government, &c. of Ireland.

A Message was brought from the House of Commons, by Charles Rich Esquire, &c.

To desire their Lordships Concurrence in several Votes concerning Ireland.

The said Votes were read Once in general, and then particularly, and debated.

The First Vote was read; (videlicet,)

"Resolved, &c.

"That the Civil Power in the Kingdom of Ireland be put in a Way distinct from the Military Power."

The Question being put, "Whether to agree to this Vote as it is now brought up?"

It was Resolved in the Affirmative.

The Earl of Nottingham and Earl of Suffolke were Tellers of the Votes: And the Contents were Nine, and the Not Contents Eight.

The Second Vote was read; (videlicet,)

"Resolved, &c. That the Civil Government of the Kingdom of Ireland be put in the Hands of Two Lords Justices."

The Question being put, "Whether to agree to this Vote as it is now brought up?"

It was Resolved in the Affirmative.

The Third Vote was read; (videlicet,) "That Commissioners shall be appointed, for the ordering, directing, and managing, the War in Ireland."

The Question being put, "Whether to agree to this Vote now brought up?"

It was Resolved in the Affirmative.

The Fourth Vote was read; (videlicet,) "That he that shall command the Forces of Ireland in Chief, his Title shall be Field Marshal, and his Personal Entertainment Six Pounds per Diem as Field Marshal."

The Question being put, "Whether to agree to this Vote now brought up?"

It was Resolved in the Affirmative.

The Fifth Vote was read; (videlicet,) "That Serjeant Major General Phillip Skippon shall be Field Marshal of Ireland, and command the Forces in Chief."

Agreed to, Unanimously.

The Sixth Vote was read; (videlicet,) That Colonel Massy be Lieutenant General of the Horse of Ireland, under the Field Marshal.

And the Question being put, "Whether to agree to this Vote as it is now brought up from the House of Commons?"

It was Resolved in the Affirmative.

The Lord Wharton and the Lord Dacres were appointed Tellers of the Votes: And the Contents were Ten, and the Not Contents Eight.

The Answer returned was:

Answer.

That this House agrees to all the Votes brought from the House of Commons at this Message.

Palmer's Ordinance to be Minister of Aston.

There being a Certificate brought in this Day from the Assembly of Divines, for the Approbation of Mr. Palmer to be Minister of Aston, in the County of Derby: It is (fn. *) Ordered, That his Ordinance shall be sent down to the House of Commons.

Isham to be instituted to Harringworth.

Ordered, That Doctor Aylett shall give Institution and Induction to Mr. Isham, to be Minister of Harringworth, in the County of North'ton; being presented thereunto by Christ's Church, in Oxford; he taking the Covenant: And this with a salvo Jure cujuscunque.

Committee for Irish Affairs.

Ordered, That the Business now in Debate concerning the Committee for the Affairs of Dublyn sitting at Derby House shall be further taken into Consideration To-morrow Morning, the First Business.

Ordinance to clear Walcot of his Delinquency.

"Whereas Humphrey Walcott, of Walcott, in the County of Salop, Esquire, hath by both Houses of Parliament been admitted unto his Fine of Five Hundred Pounds, for that he assisted 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 Humphry Walcott, 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 24th Day of March, 1645, with an Exception of the Right or Estate of the said Humphry Walcott 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 Humphry Walcott 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 God 1640, then the said Humphrey Walcott shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint: And it is further Ordered and Ordained, by the said Lords and Commons, with the Consent and Agreement of the said Humphry Walcott, as Part of his said Composition, That Eight Score Pounds per Annum shall be henceforth issuing and paid for ever, out of his Impropriate Parsonage and Rectory of Clunn, in the County of Salop, for and towards the Maintenance of Four learned Preaching Ministers, in the Four several Chapels or Churches of Clunnbury, Llanvaire, Edgston, and Sixton, in the said Parish of Clunn; that is to say, Forty Pounds apiece Yearly to each of the said Ministers and Preachers, to be Yearly paid unto them, and their Successors for ever, at Two usual Terms of the Year, (videlicet,) on the 25th of March and 29th of September, by equal Portions; and that the said Humphry Walcott do and shall, within Six Weeks after the Tenth Day of May, 1646, make a good Conveyance and Assurance in Law of the said several Sums to the several Ministers aforesaid accordingly."

Sir R. Halford, D°.

"Whereas Sir Richard Halford, of Wistowe, in the County of Leicester, Knight and Baronet, hath by both Houses of Parliament been admitted to his Fine of Two Thousand Pounds, he having adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do authorize and require Oliver St. John Esquire His Majesty's Solicitor General to prepare a Bill, containing a Pardon unto the said Sir Richard Halford, of all Treasons and Offences committed by him in relation to the War, together with a Grant and Restitution, to him, his Heirs and Assigns, of his Estate Real and Personal (except Advowsons), and all Mean Profits thereof, incurred from the Day of the submitting to, and Payment and securing of, the said Fine; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are to pass under the said Great Seal accordingly: For all which, this present Ordinance, or the Duplicate thereof, shall be sufficient Warrant."

Edmunds, D°.

"Whereas Thomas Edmunds, of Wortborough, in the County of Yorke, Gentleman, hath by both Houses of Parliament been admitted unto his Fine of Three Hundred and Fifty 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 Thomas Edmunds, 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 thereof, from the Five and Twentieth Day of July, 1646, with an Exception of the Right or Estate of the said Thomas Edmunds in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of Engl'd 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 Thomas Edmunds 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 Thomas Edmunds shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Lewins, D°.

"Whereas Lewis Lewins, of Hestington, in the County of Yorke, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Three Hundred Sixteen Pounds, Thirteen Shillings, and Four Pence, he having been in Arms 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 Lewis Lewins, 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 27th Day of March, 1646, with an Exception of the Right or Estate of the said Lewis Lewins in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for 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 Lewis Lewins 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 Lewis Lewins shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Knights, Bishop, Beck, and Wetherell, D°.

"Whereas William Knight, of Honniston, in the County of Lincolne, Yeoman, William Bi'pp, of the City of Lincolne, Mercer, Robert Knight, of Wellingore, in the said County of Lincolne, Yeoman, and Robert Becke, Draper, and Richard Wetherell, Gentleman, both of the City of Lincolne, have by both Houses of Parliament been admitted to their Fines; of (videlicet) the said William Knight to his Fine of Sixty Pounds, the said Wm. Bishop to his Fine of Thirty-four Pounds, the said Robert Knight to his Fine of Thirty-two Pounds, the said Robert Beck to his Fine of Sixty Pounds, the said Richard Wetherell to his Fine of Forty Pounds; the said William Knight having adhered to the Forces against the Parliament, and the said Wm. Bishopp, Robert Knight, Robert Becke, and Richard Wetherell, having been in Arms 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 William Knight, William Bi'pp, Robert Knight, Robert Beck, and Richard Wetherell, for their said Offences, in such Form as shall be agreed by both Houses for like Offenders, together with a Grant of, and Restitution to them, their Heirs and Assigns, of all their Lands, Goods, and Chattels, and other Estates for which the said Fines were accepted, according to Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof; (videlicet,) to the said William Knight, from the Twelfth Day of August, 1646; to the said Wm. Bishopp, from the Four and Twentieth Day of April, 1646; to the said Robert Knight, from the 16th Day of July, 1646; to the said Robert Becke, from the said 16th Day of July, 1646; and to the said Richard Wetherell, from the said 16th Day of July, 1646; with an Exception of the Rights or Estates of the said William Knight, Will'm Bishopp, Robert Knight, Rob't Becke, and Richard Wetherell, in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for 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 Wm. Knight, Wm. Bishopp, Rob't Knight, Robert Beck, and Richard Wetherell, from any further Compositions, for any other Lands, Goods, or Chattels, than what are contained in the Particulars aforesaid; and that, in case the said Lands mentioned in the said Particulars were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Wm. Knight, Wm. Bi'pp, Robert Beck, Rob't Knight, and Richard Wetherell, shall pay such further Fines, by Way of Composition, as both Houses of Parliament shall appoint."

Awdley, D°.

"Whereas Wheathill Audley, of Woodhurst, in the County of Huntington, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Twenty-three Pounds, he having assisted 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 Wheatehill Audley, 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 16th of February, 1645, with an Exception of the Right or Estate of the said Wheathill Audley in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for 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 Wheatehill Audley 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 Wheathill Audley shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint.

T. P. C. and H. Leighs, D°.

"Whereas Thomas Leigh, of Adlington, in the County of Chester, Esquire, Peter Leigh, Charles Leigh, and Henry Leigh, of the same Place, Gentlemen, Brothers of the said Thomas, have by both Houses of Parliament been admitted to their Fines; of (videlicet) the said Thomas Leigh to his Fine of Two Thousand Pounds, the said Peter Leigh to his Fine of Forty Pounds, the said Charles Leigh to his Fine of Fifty Pounds, and the said Henry Leigh to his Fine of Sixty Pounds, they having been in Arms 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 Thomas Leigh, Peter Leigh, Charles Leigh, and Henry Leigh, for their said Offences, in such Form as shall be agreed by both Houses for like Offenders, together with a Grant of, and Restitution to them, their Heirs and Assigns, of all their Lands, Goods, and Chattels, and other Estates for which the said Fines were accepted, according to Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof; (videlicet) to the said Thomas Leigh, from the Day of the Payment of his Fine; to the said Peter Leigh, from the Day of the Payment of his Fine; to the said Charles Leigh, from the Day of the Payment of his Fine; and to the said Henry Leigh, from the Day of the Payment of his Fine; with an Exception of the Rights or Estates of the said Thomas, Peter, Henry, and Charles, in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great (fn. *) 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 Pardons thereon to be passed, shall not extend to free the said Thomas, Peter, Charles, and Henry, from any further Compositions, for any other Lands, Goods, or Chattels, than what are contained in the Particulars aforesaid; and that, in case the said Lands mentioned in the said Particulars were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Thomas, Peter, Charles, and Henry Leigh, shall pay such further Fines, by Way of Composition, as both Houses of Parliament shall appoint."

Sir R. Thorold, D°.

"Whereas Sir Robert Thorold, of Barrowby, in the County of Lincolne, Knight, hath by both Houses of Parliament been admitted to his Fine of Thirteen Hundred Pounds, he having been in Arms 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 Sir Robert Thorold, 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 thereof, from the Thirteenth Day of May, 1646, with an Exception of the Right or Estate of the said Sir Robert Thorold in or to all Advowsons, and Rights 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 Sir Robert Thorold 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 Sir Robert Thorold shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Sir R. Wingfield, D°.

"Whereas Sir Richard Wingfeild, of Tickencoate, in the County of Rutland, Knight, hath been by both Houses of Parliament admitted to his Fine of Seven Hundred Forty and Six Pounds, he having been in Arms 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 Sir Rich'd Wingfeild, 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 thereof, from the Day of Payment of the said Fine, with an Exception of the Right or Estate of the said Sir Richard Wingfeild in or to all Advowsons; Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for 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 Sir Richard Wingfeild 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 Sir Richard Wingfeild shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Newton, D°.

"Whereas John Newton, of Baver, in the County of Lincolne, Esquire, hath by both Houses of Parliament been admitted to his Fine of Three Thousand Pounds, he having adhered to the Enemies of 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 Newton, 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, from the Day of the Payment and Securing of the said Fine, with an Exception of the Right or Estate of the said John Newton in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for 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 Newton 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 Newton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Report from the Committee for Irish Affairs, for the Scots Army in Ireland to be sent Home.

"Die Saturni, 13 Martii, 1646.

"At a Committee of Lords and Commons at Derby House, for the Affairs of Ireland.

"Ordered, That it be reported to both Houses, that it is the Opinion of this Committee, That this Kingdom is not able to pay the Scotts Army now in Ireland any longer: And finding, by the Thirteenth Article of that Treaty, that it is provided and agreed, That, at any Time after the Three Months then agreed upon for the Entertainment of the Scottish Army shall be expired, and that the Two Houses of Parliament, or such Persons as shall be authorized by them, shall give Notice to the Council of Scotland, or to the Lord Chancellor there, that, after One Month from such Notice given, the said Two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer, then the said Two Houses shall not be obliged to pay the said Army any longer than during the said Month, any Thing in the Treaty to the contrary notwithstanding: It is thereupon the Opinion of this Committee, That the Houses should so as aforesaid signify, That they will pay the said Scottish Army in Ireland no longer; but that they will carry on the War there with their own Forces; and that it be withal signified, That, in case any Thing shall appear to be due to the Scotts over and above what they have already received, the Houses will take Care that due Satisfaction be given.

"And whereas, by the Twelfth Article, it is agreed, That the Scottish Army shall receive their Discharge from the King and Parliament of England, or such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that Purpose, and that there shall be a Month's Warning before-hand of their Disbanding, which Discharge and Month's Warning shall be made known by His Majesty, and then to the Council of Scotland or the Lord Chancellor, a Month before the Disbanding thereof; and that the Common Soldiers of the Scottish Army, at their Dismission, shall be allowed Fourteen Days Pay for the carrying of them Home: It is the Opinion of this Committee, That the Parliament should declare the said Discharge; and that they will also provide the Money for the Fourteen Days Pay aforesaid.

"Ex'r per Gualter Frost, Sec."

Courteen and The East India Company

"To the Right Honourable the Lords in Parliament assembled.

"The humble Answer of the Governor and Company of Merchants of London, trading to The East Indies, to the Petition of William Curteene Esquire;

"Shew,

"That the said William Curteene Esquire having freighted a Ship, called The Little William, to The East Indies, whereof one Thomas Cox was Master; the said Ship being cast away in her Voyage thither, the said Cox and his Company preserved some Duckets of Gold, but not to the Value informed, and Two Brass Guns out of the said Ship, and made Means to reach the Island of Madgasker, to which Island a Ship of these Respondents, called The Endeavor, putting in about the 7th Day of May, 1644, whereof one Robert Bowen was Master, the said Cox and Twenty distressed Men pressed the said Bowen, being bound for Madraspatan, in The Indies, to transport him and his Company, together with the Gold and Guns, thither; which he accordingly did: And the said Cox and his Company there arriving, the said Cox and one Hill desired these Respondents Agent and Council there to continue the said Gold and Guns in their Custody, and to give Notice to these Respondents and the said William Curteene in England, because they knew not how to keep them from their own Men, or otherwise to dispose of them, being far from any Factory of their own; which the said Agent and Council consented unto, and gave Notice to these Respondents: And otherwise than as aforesaid these Respondents have not received, nor any Way intermeddled with, the said Gold and Guns, or are therein concerned. After which Receiving of the said Cox and his Company by the said Bowen as aforesaid, the said Cox and his Company became indebted to these Respondents, for their Passage and otherwise, in several Sums of Money. And these Respondents further say, That, after their Agent and Council's Receipt of the said Gold and Guns in India was made known unto these Respondents, divers of the said William Curteen's Creditors and others, taking Notice thereof, (videlicet,) one James Holloway, James Martyn, Anthony Bateman, Peter Farneden, and Samuell Gott, made several Attachments thereof, as the Goods and Chattels of the said William Curteene and David Gowbart, in the Hands of William Cokayne Governor of the said Company, William Methwold Deputy of the said Company, and John Massingberd Treasurer of the said Company, for several Sums of Money, owing unto them, as they pretend, from the said Mr. Curteene, to the Value of Five Thousand Eight Hundred Pounds, besides Two Hundred Pounds thereof claimed by the said James Martin, by virtue of Assignment of so much of the said Gold by the said William Curteene; and the said Peter Farnden and Samuell Gott, for the Recovery of their Debts out of the said Gold, have exhibited their Bill in Chancery against these Respondents for the same, by virtue of an Assignment of the said Adventure from the said William Curteene; and one Thomas Kynnaston Merchant likewise claimeth particular Interest in the said Gold and Guns, as Partner therein in Trade with the said William Curteene, and hath sent a Protest to these Respondents, thereby forbidding them to dispose of any Part thereof, and hath since exhibited his Bill into the Exchequer-chamber against them these Respondents for the same; which several Suits are depending, and do remain undetermined: And the said William Curteene, notwithstanding the Premises, continuing to press the said Respondents to have the said Gold and Guns, which, for the Reasons aforesaid, these Respondents could not do; and for that, as these Respondents are informed, there hath been, and is at present, a strong Endeavour by the said Mr. Curteen's Creditors to bring the said William Curteene within the Compass of the Statute of Bankrupts, and the same is now endeavouring to be obtained against him, which, in case it should pass, might charge these Respondents (they, these Respondents, conceiving it not safe for them, the said several Claims being, to deliver the same), it was agreed between the Counsel of the said William Curteene and these Respondents that a Bill should be exhibited in Chancery, by the said William Curteene, against these Respondents and others the aforesaid Creditors of the said William Curteene, Pretenders to the said Gold and Guns; whereunto, after the said Respondents Answer, they were content to abide such Order as the Court of Chancery should make therein; which the said William Curteene accordingly did; and these Respondents, by the Desire of the said Mr. Curteen's Counsel, drew their Answer thereto, and gave Mr. Curteen's Lady a Copy thereof.

"All which being taken into your Lordships Consideration, the said Respondents hope your Lordships will not think fit, in a Courtesy to preserve the same, to leave your Petitioners to the Defence of their several Suits, by the Pretenders and Creditors of the said Mr. Curteene, until they shall be freed of the said several Attachments and Suits depending against them for the same; which when these Respondents shall so be, and sufficiently secured from all Troubles, Charges, or other Accidents, that already hath or shall befal the same in those Parts, and which shall or may come unto these Respondents by reason of their Agents receiving and their paying over the same, and of the Debt there made, and Credit given to the said Mr. Curteen's Servants by these Respondents Agents by reason of the same; these Respondents, in case your Lordships shall think fit to direct that the said several Pretenders be made Parties to this Petition, and their several Claims before your Lordships determined, and their several Proceedings against these Respondents discharged, shall, for their Parts, upon hearing of all Parties, submit the same to your Lordships Judgement."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.