House of Lords Journal Volume 9
11 May 1647

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1767-1830

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'House of Lords Journal Volume 9: 11 May 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 182-185. URL: http://british-history.ac.uk/report.aspx?compid=37033 Date accessed: 26 November 2014.


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DIE Martis, 11 die Maii.

PRAYERS, by Mr. Lightfoote.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Lyncolne.
Comes Mulgrave.
Comes Northumb.
Comes Sarum.
Comes Nottingham.
Comes Warwicke.
L. Viscount Say & Seale.
Comes Rutland.
Ds. Hunsdon.
Ds. Wharton.
Ds. Grey.
Ds. North.
Ds. Maynard.
Ds. Willoughby.
Ds. Dacres.
Ds. Howard.
Ds. De Lawarr.
Ds. Bruce.

E. of Northampton to be admitted to his Composition.

A Petition of the Earl of Northampton was read; concerning some Evidences of his Estate, as are in in the Hands of one Doughty; and that he may be admitted to his Composition for Delinquency for Two Years Purchase, as others have done that have compounded according to the Articles of the Garrison of (fn. *) " (Here enter it.)

It is Ordered, To be communicated to the House of Commons, with this Sense, "That, upon the Grounds in the Petition, this House thinks it fit that the Earl of North'ton be admitted to his Composition, after the Proportion of Two Years Purchase, including his Fifth and Twentieth Part."

Morris, Smith, and Darby, to be attached, for counterfeiting an Act of Parliament.

Upon Information to this House, by the Clerk of the Parliaments, "That, at the last Assizes at Chelmsford, in Essex, there was produced a Copy of a forged Act of Parliament, pretended to be subscribed by the Hand of the Clerk of the Parliament, but was counterfeited; which was justified upon Oath by Leonard Darby and John Harris to be examined by the Original Act in the Office of the Clerk of the Parliament, and that the Clerk of the Parliament did acknowledge it to be his Hand: All which the Clerk of the Parliament alledged was false and counterfeit."

And the House conceiving this Business to be of great Importance, both in regard of the Commonwealth, and also to the Clerk of the Parliament:

Ordered, That the further Examination of this Business is referred to these Lords following, to call all Parties before them; and, after Examination, to report the same to this House.

Gent. Usher to search for the Copy of it.

It is further Ordered, That John Morris and Mary his Wife, Thomas Smith and Isabell his Wife, Leonard Darby and John Harris, principal Actors in this Forgery, shall be forthwith attached, by the Gentleman Usher attending this House, and brought before this House, to answer the same; and that the Gentleman Usher, or his Deputy, calling to them such Constables and other Officers as they shall think fit, shall have Power to search in all Places where they shall be informed the Copy of the forged and pretended Act of Parliament is, and to seize upon the same, and deliver it into this House; and to break open such Doors and other Places where they shall find Ground to search:

Comes Kent.
Comes Warwicke.
Comes Lyncolne.
Comes Pembrooke.
Comes Manchester.
Ds. North.
Ds. Dacres.

Any Two, to meet when they please; and to adjourn from Time to Time, as they shall see Cause.

Ald. Fowkes and the E. I. Co.

The Judgement given by this House, in the Case between Alderman Foulkes and the East India Company, was read, and approved of. (Here enter it.)

Captives at Algiers Ordinance.

The Ordinance concerning Captives at Argier, was read, and Agreed to. (Here enter it.)

Arms and Horses, taken from Soldiers in Oxfordshire, to be preserved for the Service of Ireland.

Upon reading the Report from the Committee of Lords and Commons for the Affairs of Ireland at Derby House; desiring, "That some Course may be taken, to preserve, for the Use of the State, and Service of Ireland, those Horses and Arms that have been lately taken from some Soldiers in Oxfordshire, belonging to Colonel Medhope:"

It is Ordered, To be sent to the House of Commons, for their Concurrence therein.

E. of North'ton and Sir A. Gorge.

Ordered, That the Business concerning Sir Arthur Gorge and the Earl of North'ton shall be heard To-morrow Sevennight, at this Bar.

Langham &al. and Lymbrey &al.

It was moved, "That this Question might be put, Whether their Lordships will appoint this Day Sevennight, to debate the Cause between Alderman Langham, &c. and Captain Lymbery themselves, before they hear further from the Judges?"

And the Question being put, "Whether this Question shall now be put?"

It was Resolved in the Negative.

Ordered, That this Question shall be taken up again on Friday Morning next.

Richards to be attached for sueing Foot, &c. who released Col. Manwaring.

Upon reading the Petition of Thomas Foote and John Kendricke Aldermen of London:

It is Ordered, That John Richards shall be attached, by the Gentleman Usher attending this House, and brought before the Lords in Parliament To-morrow, for commencing a Suit against the said Aldermen, for releasing of Colonel Manwaringe, according to an Order of this House.

Col. Manwaring brought up.

This Day Colonel Randall Manwaringe was brought to this Bar, by a Habeas Corpus cum Causa, which was read.

A Petition of Benjamin Hide, Creditor to Colonel Randall Manwaringe, was read. (Here enter it.)

Hide, who arrested him, to be heard.

Colonel Manwaringe informed this House, "That Benjamin Hide knew of the Protection of this House, and yet arrested him; and that there was contemptuous Words spoken by him and others to this House."

And the Counsel of Benjamin Hide was heard as concerning to the Debt, but not concerning Things touching the Privileges of this House; alledging, "That Colonel Manwaringe is a Person that stands outlawed; therefore it is conceived he ought not to be protected, in that regard."

It is Ordered, That (fn. *) Benjamin Hide shall be heard, by his Counsel, on Thursday next, concerning the Delivery of Colonel Manwaring out upon Execution, and concerning the Outlawry; and that then Colonel Manwaring shall be heard by his Counsel: In the mean Time to be remanded, and then brought.

Message from the H. C. with an Order.

A Message was brought from the House of Commons, by Bolstrode Whitlocke Esquire; who brought up an Order for giving to Mr. Selden Two Thousand Five Hundred Pounds, in regard of his great Losses and Sufferings. (Here enter it.)

Read, and Agreed to.

Message to the H. C for an Answer about the E. of Mulgrave's Petition.

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

To let them know, that formerly this House sent down a Petition to them, concerning the Earl of Mulgrave, of which their Lordships have not yet received any Answer: Therefore to desire they would take the same into Consideration, and give some Answer.

Turner to be Instituted to Wing;

It is Ordered, &c. That Doctor Aylett, or his lawful Deputy, give Institution and Induction to Henry Turner Clerk, Master of Arts, to the Rectory of Wing, in the County of Rutland, void by the Death of the late Incumbent, salvo Jure cujuscunque; taking the National League and Covenant, and producing his Presentation under the Great Seal.

Price to Llan Llwshaiarne;

It is this Day Ordered, &c. That Doctor Heath, or his lawful Deputy, give Institution and Induction to Rice Price Batchelor in Arts, to the Vicarage of Llan Llwshaiarne, in the County of Mountgom'y, void by the Death of the late Incumbent, salvo Jure cujnscunque; and taking the National League and Covenant; and producing his Presentation under the Great Seal.

and Clark to Frittenden.

Ordered, &c. That Doctor Aylett, &c. give Institution and Induction to Robert Clarke Master of Arts, to the Rectory of Frittenden, in the County of Kent, void by the Death of the late Incumbent, salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation under the Hand and Seal of Thomas Shelly Esquire, the lawful Patron.

E. of Northampton's Petition, to be admitted to his Composition, on account of his great Losses, &c.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of James Earl of Northampton;

"Sheweth,

"That your Petitioner, being but young, and depending wholly upon his Father for Maintenance, followed him, by his Commands, into the late unhappy War; but, in August 1645 (at which Time his Commands were no Ways inconsiderable), he laid down Arms, resolving to submit himself unto the Parliament; and in November following, he earnestly desired a worthy Member thereof to procure him Leave to come in; (which he albeit he could not obtain so soon as he desired,) yet he desisted not until he had got a Pass from the Committee of both Kingdoms; and in April following came in accordingly, and shortly after applied himself to the Committee at Gouldsmiths Hall to compound, where he gave in as perfect a Particular as he could without his Evidences, which were then, and still are, with-held from him, by one Doughty, his late Father's Solicitor, being (as your Petitioner believes) abetted therein.

"That your Petitioner, much desiring to prosecute his Composition with Effect, hath earnestly dealt with the said Doughty, to deliver him his Evidences; and, failing that Way, petitioned the House of Peers for Relief therein, who recommended him to the Chancery for his Remedy, where he hath exhibited his Bill, taken forth and served the Process of that Court; but yet cannot bring the said Doughty to his Answer, nor get Sight of his said Evidences, whereby (to his great Damage) he hath been disabled to perfect his Composition.

"That, in his Houses, Lands, Woods, and other Estate, he hath been damnified by the War to the Value of Fifty Thousand Pounds: And although he submitted to the Parliament a full Year since, and hath used all possible Endeavours to speed his Composition; yet, his whole Estate being sequestered before to the Use of the State, hath so continued ever since, without any Benefit thereout allowed to your Petitioner; the great Debt contracted by his Father before these Troubles (for which much Land is mortgagéd) daily grows greater, a great Part of his Estate is out in Jointure, Five Younger Brothers and Sisters wholly left to his Provision, and himself at present exposed to more Necessities than here presented.

"Your Petitioner therefore humbly prays, your Honours will be pleased to impute his Actions to such his Youth, his Father's Commands, and his Necessity even of Livelihood to obey them; and to reflect upon his so great Losses and Sufferings for which the State hath had the greatest Benefit, the Burden of his Debts, and his Engagements to provide for his Brothers and Sisters; and, being unable, through Want of his Evidences, to compound according to your ordinary Rules, prays your Honours Favour in some other: And sith his Command was within the County of Oxford, and from that City he came voluntarily in, and not amongst the latest casting himself upon your Favour, hopes your Honours will be pleased to vouchsafe him at least the Favour allowed to those within the Articles of that City, which he well foresaw he might have had and provided for, but that he chose rather freely to submit himself Two Months sooner, than capitulate there; and your Petitioner, though wanting his Evidences as aforesaid, will be willing to compound as Tenant in Tail, in Possession or Reversion, as his Lands shall be; humbly offering, that your Honours have already allowed the Benefit of those Articles to some Persons of Honour comprized within them, yet not within that Garrison at the Render; and that what Favour your Honours shall vouchsafe him herein cannot probably beget you more Importunities of this Kind, for that your Petitioner's Case so eminently differs from all others, as by the Reasons herein and Motives hereunto annexed appears.

"And your Petitioner shall ever pray, &c.

"Northampton.

Reasons for moderating his Fine.

"Motives humbly offered for Moderation of the Earl of Northampton's Fine.

"1. His Youth, not Nineteen Years, when he engaged himself in this War.

"2. His Engagement by his Father's Command, to which not only his Filial Duty, but his Necessity even of Livelihood, exacted Obedience.

"3. His Sufferings, and Losses Fifty Thousand Pounds, of which the State hath had the greatest Benefit.

"4. A full Year's Profit of his whole Estate applied to the Use of the State since his coming into the Parliament, and no Fifth Part or other Allowance towards his own, or the Younger Childrens Maintenance.

"5. A vast Debt contracted by his Father.

"6. A great Part of his Estate mortgaged by his Father.

"7. Another Part thereof out in Jointure.

"8. Five Brothers and Sisters to be provided for.

"9. His Command considerable when he laid down Arms, which gives him the greater Hopes of your Favour.

"10. His Command in the County of Oxon, from which City he came Two Months before the Render, choosing rather to cast himself upon the Favour of the Parliament than capitulate, albeit he foresaw that he might have had the Benefit of the Articles of that City.

"11. His ready taking the Oath and Covenant above a Year since.

"12. His Estate not above Three Thousand Pounds a Year, and that so burthened and incumbered as before.

"13. The Preservation of his Family.

"14. This will beget no Precedent; his Case being distinguished from others, not only by many of the forementioned Particulars, but by the Want of his Evidences, which he hath endeavoured to recover in the House of Peers and Court of Chancery.

"And his Admittance to compound as Tenant in Fee, the highest Rate (albeit he conceives he is but Tenant for Life could he produce his Evidences), he hopes, may the more induce your Honours to grant him his humble Desires."

Ordinance to continue the One for Relief of Captives at Algiers.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Ordinance of Parliament of the 13th of November, 1646, expiring 11 Decem. 1647, being for the collecting of the Duty and Imposition of One Quarter of One per Cent. which is One Shilling in every Twenty Shillings paid for Custom and Subsidy, according to the now Book of Rates established by Authority of this present Parliament, for Redemption of the Captives taken by the Turkish and other Pirates, and every Clause and Article therein contained, shall be observed, and continue in full Force and Power, from the said 11th of December, 1647, inclusive, unto the 11th of December 1648, inclusive: And it is further Ordered, That the Committee of the Navy and Customs be hereby authorized to take up such Sums of Money, on the Credit of the said Ordinance, as they shall think fitting, not exceeding the Sum of Ten Thousand Pounds, charging the Payment of the same on the said Duty, with Allowance of Eight per Cent. per Annum for Interest."

Order for 2500l. to Mr. Selden.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five and Twenty Hundred Pounds be paid unto John Selden Esquire, by the Treasurers at Gouldsmiths Hall, in Course, out of that Moiety of the Composition with Delinquents which is not granted to the City of London for their Security, and out of the rest of the said Compositions which shall remain after the said Security perfected and ended, without Prejudice to the said Security, towards Satisfaction and Reparation to be made unto him, for his great Damages and long Imprisonment, suffered for and by reason of his Service done to the Commonwealth in the Parliament of Tertio Caroli, whereof he was a Member; and that the Acquittance of the said John Selden, or his Assignee, shall be a sufficient Warrant and Discharge to the said Treasurers, for Payment of the said Sum of Five and Twenty Hundred Pounds accordingly."

Alderman Fowkes and the E. I. Co.

"Upon the Hearing and long Debating of the Cause this Day, and Four several Days before, at this Bar, upon Petition and Answer depending in this House between John Fowke now Alderman of London and the Governor and Company of Merchants of London trading to Th' East Indies, in the Presence of the Counsel Learned on both Sides, touching Two Decrees made in Chancery, at the Suit of the said Governor and Company, against the said Alderman Fowke, by the Lord Coventry, the First of which Decrees was made the 21th Day of November in the Seventh Year, and the Second Decree was made the Ninth Day of June in the Eleventh Year, of the Reign of His now Majesty King Charles; and touching the said Governor's and Company's detaining, by Colour of the said Two Decrees, the said Alderman Fowke's Adventures in their Hands, by him alledged to be Sixteen Hundred Pounds in their Second joint Stock, and Twenty-one Hundred Pounds more in Three of their Voyages, and the Product thereof, with Damages for the Detainer, since others of that Company received their Profits upon the like Adventures, ought to be answered to the said John Fowke: It is thereupon Ordered and Adjudged, by the Lords in Parliament assembled, That the said Two Decrees, made by the Lord Keeper Coventry, the 21th Day of November Septimo Caroli, and Ninth Day of June Undecimo Caroli, between the said Governor and Company of Merchants of London trading to Th' East Indies, and John Fowke now Alderman of London, being unjust, are hereby reversed; and that the Adventures, videlicet, the Principal, with the Proceed thereof, which the said John Fowke now Alderman had in the Stock of the said East India Company, which were kept from him by colour of the said Two Decrees, or either of them, be restored to John Fowke now Alderman, with Damages after the Rate of Eight Pounds per Centum per Annum for the said Adventures detained, to be accompted from the several Times respectively when others of that Company were to receive their like Adventures, and with One Hundred Pounds for Costs; all which shall be forthwith paid unto the said John Fowk now Alderman, by the said Governor and Company: And Doctor Heath and Mr. Hackwell are appointed to audit the said Damages, and to make Report thereof unto this House."

Foot and Kendrick's, Sheriffs of London, Petition, who are used by Richards for not arresting Colonel Manwaring.

"To the Right Honourable the Lords in Parliament.

"The humble Petition of Thomas Foote, John Kendrick, Aldermen of London;

"Humbly sheweth,

"That, the Petitioners being the last Year Sheriffs of London, a Writ of Capias ad satisfaciendum was awarded unto them, out of the Court of Common Pleas at Westm'r, against Colonel Randall Manwareing, at the Suit of John Richards, for Six Hundred Pounds Debt, and Five Pounds Cost, upon which your Petitioners Officers issued a Warrant for his Arrest; but the said Colonel Manwareing produced the Order of this Honourable House for his Protection from Arrests, in regard of his great Arrears from the State: In Obedience whereunto, the said Officers forbore to arrest him. The said John Richards hath now commenced a Suit against the Petitioners, for the said Debt, in the said Court of Common Pleas, upon Pretence that the said Colonel Manwareing was in the Petitioners Presence before the Return of the Writ.

"They most humbly beseech your Honours to provide for the Petitioners Indemnity for what they did in Obedience to an Order of this Honourable House; and that the said Richards may forbear to prosecute his Suit against the Petitioners, and may take his Course, if he please, against the said Colonel Manwareing; being now in Custody, so that they be no farther liable to the Vexations of the said John Richards.

"And they shall humbly pray, &c.

"Tho. Foote.
John Kendrick."

Hide's Petition, for Colonel Manwaring's Protection to be withdrawn.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Benjamine Hide, Gentleman;

"Sheweth,

"That Randolph Manwareing, of London, Esquire, hath owed unto your Petitioner One Hundred and Fifty Pounds Principal-money, upon Bond, for Nine or Ten Years, which your Petitioner hath forborn the longer, because the said Mr. Manwareing was employed in the State's Service, upon his many Promises that he would faithfully pay the same.

"That the said Mr. Manwareing, notwithstanding the great Sums of Money and Profits which he hath received, and the great Places he hath had in the Parliament's Service, having no Regard to his said Promises, will not pay his said just Debt, but hath forced your Petitioner to take him in Execution.

"May it please your Honours, who are Patrons of Law and Justice, not to privilege or protect him from the Law, who is so able to pay his Debts, and so made able by the Profits and Gains he received in the State's Service; and to consider your Petitioner's Condition, that he is like to lose his said Debt, if the said Manwareing should be set at Liberty out of Execution; and to hear your Petitioner's Counsel, before any Order be made against him.

"And your Petitioner, as most bounden, shall daily pray for your Honours, &c."

Nevil to be instituted to Evenload.

It is this Day Ordered, &c. That Doctor Aylett, &c. do give Institution and Induction unto Ralph Nevil Clerk, Master of Arts, to the Rectory of Evenload, in the County of Worcester, void by the Resignation of Jervis Clarke, the late Incumbent, salvo Jure cujuscunque; the said Mr. Nevill taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of John Smith Gentleman, the lawful Patron.

Footnotes

* Origin. Garrison of Articles.—Qu. Oxford.—See his Petition, p. 183.
* Origin. the Counsel of Benjamin Hide.