House of Lords Journal Volume 8: 14 December 1646

DIE Lunæ, 14 die Decembri.

PRAYERS, by Mr Seaman

Domini præsentes fuerunt

Comes Manchester, Speaker

Answer from the H C

Sir Edward Leech, &c return with this Answer from the House of Commons

That they agree to the Ordinance for sending Papists and Malignants out of London (Here enter it) To all the rest of the Message, they will send an Answer by Messengers of their own

Marshall Petition, about a Process from the Court of Exchequer

Upon reading the Petition of Francis Marshall It is Ordered, That the whole Petition is referred to the Consideration of the Barons of the Court of Exchequer, who are to certify to this House concerning the Process issued out of that Court, and the rest of the Particulars contained in the Petition, and that the Sheriff do bring into that Court the Bond mentioned in this Petition

Aylsbury to have the sole Printing his Translation of the Civil Wars of France, if it as approved of

Whereas Mr Wm Aylesbury hath translated out of Italian the History of the Civil Wars of France, and desires that he may have the Printing thereof, and a Restraint that none but who he shall assign shall print the same

It is Ordered, That the Earl of Denbigh and the Lord North are appointed to peruse the said translation, and if they in their Judgements approve of the said Translation, that then the said Wm Aylcsbury shall have the sole Printing thereof for the Space of Fourteen Years, and that none else shall print the same

Smith Ordinance to be a Commissioner of the Navy

An Ordinance was presented to the House, for making Mr Thomas Smyth One of the Commissioners of the Navy, in the Place of Captain Morris, which, being read, was Agreed to, and Ordered to be sent to the House of Commons for their Concurrence

Ordinance to justify the Proceedings of Parliament

An Ordinance, formerly brought from the House of Commons, for clearing the Proceedings of Parliament, was read Twice

And the House was adjourned into a Committee, to debate it. (Here enter it)

And the House being resumed, it was read the Third Time, and Agreed to, and Ordered to be printed and published

Message to the H C about the following Particulars

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

1 To desire their Concurrence in an Ordinance to inhibit Lay men from Preaching

2 To desire their Concurrence in the Ordinance for making Mr. Thomas Smyth One of the Commissioners of the Navy

3 To recommend to them the Report concerning Captain Kettleby

4 To put them in Mind of expediting the Ordinance concerning Gouldsmythes Hall

Ordinance to annal all Grants &c passed under the Great Seal at Oxford

Next, an Ordinance formerly brought from the House of Commons was read, for nulling all Grants, &c passed under the Great Seal at Oxford, and confirming all Acts, &c done by the Great Seal here

The House was adjourned into a Committee of the whole House during Pleasure, to debate it

The House being resumed,

It is Ordered, To be referred to these Lords following, to make Alterations and Additions therein according to the Sense of the Committee, and to report the same to this House

Any Three, to meet To morrow Morning, at Nine of the Clock, and all the Judges to be Assistants, and then present

The Ordinance concerning the Treaties between the Kingdoms of England and Scotland, was read, and Agreed to (Here enter it)

Ordinance to annul the Cessation, &c in Ireland

Next, the Ordinance concerning the Cessation of Ireland, and Commissions granted under the Great Seal of Ireland, was read (Here enter it)

And the Question being put, "Whether to agree to this Ordinance now read?"

And it was Resolved in the Affirmative

Ordinance about granting Praces in Ireland

Next, the Ordinance formerly brought from the House of Commons, concerning granting of Places and Offices in the Kingdom of Ireland, was read, and Or dered to be taken into Consideration the First Tomorrow Morning

Earl of Dover Leave to stay in Town,

Ordered, That the Earl of Dover shall have Leave to stay in Town, he being about his Composition, and hath taken the Covenant and the Negative Oath

E of Berks,

Ordered, That the Earl of Berks shall have Leave to stay in Town, with his Family and mental Servants, notwithstanding the Ordinance of Parliament of the 12th of December

L Rich,

Ordered, That the Lord Rich shall have Leave to stay in Town, with his mental Servants

E of Portland

Ordered, That the Earl of Portland shall have Leave to stay in Town, with his mental Servants

I Lovelace,

Ordered, That the Lord Lovelace shall have Leave to stay in Town, with his menial Servants

and Lady Rivers.

Ordered, That the Lady Rivers shall have Leave to stay in Town, with her menial Servants

Peers to tak the Covenant, &c before they have Leave to stay in Town

Ordered, That all Peers, that shall have Leave to continue within the Lines of Communication notwithsending the Ordinance of the 12th of this Instant December, shall be such as either have taken or shall take the National League and Covenant and the Negative Oath, before any such Leave be granted

"An Ordinance for justifying the Proceedings of Parliament

Ordinance to justify the Proceedings of Parliament

"Whereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War, in their just and lawful Defence, and there upon Oaths, Declarations, and Proclamations, have been made against them and their Ordinances and Proceedings, and against others for adhering unto them, and for executing Offices, Places, and Charges, by Authority derived from them, and Judgements, Indictments, Outlawries, Attainders, and Inquisitions, for the Causes aforesaid, have been had and made against some of the Members of the Houses of Par liament, and other His Majesty's good Subjects, and Grants have been made of their Lands and Goods The Lords and Commons assembled in Parliament, taking the same into their serious Considerations, have Declared, and do hereby Declare, That all Oaths, Declarations, and Proclamations, heretofore had, or hereafter to be had, against both or either of the Houses of Parliament, or any the Members of either of them, for the Caules aforesaid, or against their Ordinances or Proceedings, or against any for adhering unto them, or for doing or executing any Office, Place, or Charge, by any Authority derived from the said Houses, or either of them, and all Judgements, Indict ments, Outlawaries, Attainders, Inquisitions, and Grants, thereupon made, and all other Proceedings for any the Causes aforesaid had, made, done, or executed, or to be had, made, done, or executed, whether the same be done by the King, or any Judges, Justices, Sheriffs, Ministers, or any others, by His Majesty's Direction or Appointment, are void and of no Effect, and are contrary to and against the Laws of this Realm And the said Lords and Commons do further Ordain, Order, and Declare, That all Judges, Justices of the Peace, Mayors, Sheriffs, Constables, and other Officers and Ministers, do take Notice hereof, and are hereby prohibited and discharged, in all Time to come, from awarding any Writ, Process, Summons, or Citation, or from pronouncing or executing any Judgement, Sentence, or Decree, or any Way proceeding against or molesting any of the said Members of the Two Houses of Parliament, or against any of the Subjects of this Kingdom, for any the Causes aforesaid"

"An Ordinance concerning the Treaties between the Kingdoms of England and Scotland

Ordinance to confirm the Treaties between Frgland and Scotland

"The Lords and Commons in Parliament assembled, to testify their Desires that the League and Union between the Kingdoms of England and Scotland may be firmly kept and preserved, have Declared, Or dered, and Ordained, and do hereby Declare, Order, and Ordain, That the large Treaty passed between the Kingdoms, the late Treaty for the coming of the Scotts Army into England, and the settling the Garrison of Barwick of the 29th of November, 1643, and the Treaty concerning Ireland of the 6th of August, 1642, for the bringing Ten Thousand Scotts into the Province of Ulster in Ireland, with all other Ordinances and Proceedings passed between the Two Kingdoms, and whereunto they are obliged by the aforesaid Treaties, and all and every Article and Clause therein contained, shall be, and are hereby, confirmed and ratified, and shall for all Time to come be inviolably kept and observed, according to the true Intent and Meaning therein expressed

"An Ordinance concerning the Cessation of Arms in Ireland, and Grants under the Great Seal of Ireland

Ordinance to annul the Cessation of Arms in Ireland, and Grants of Lands Titles, &c there, since the making it.

"Whereas the War of Ireland hath been maintained at the Charges of the Subjects of this Kingdom of England, and not of His Majesty, yet, without Con sent or Privity of the Lords and Commons in Parliament, by Commission or other Authority derived from the King, a Cessation of Arms hath been made with the bloody Rebels in Ireland, after the Effusion of so much innocent Blood, and Slaughter of above a Hundred Thousand Protestants, Men, Women, and Children, whereby those Rebels have received great Encouragement, and are the better enabled wholly to extirpate the remaining Protestants, and to endanger this Kingdom The Lords and Commons assembled in Parliament do hereby Declare and Ordain, That the said Cessation of Arms in the Kingdom of Ireland, and all Treaties and Conclusions of Peace with the said Irish Rebels, made, or to be made, by the King, or by any Authority derived from Him without Consent of the Houses of Parliament, are void and of no Effect, and all Governors, Com manders, Officers, and Ministers, within the Kingdoms of England and Ireland, are to take Notice hereof, and accordingly to demean themselves in their respective Charges And the said Lords and Commons do further Declare, Order, and Ordain, That all Grants of Offices, Lands, Tenements, and Hereditaments, made or passed under the Great Seal of (fn. 3) England, unto any Person or Persons, Bodies Politic or Corporate, since the Cessation made in Ireland the 15th Day of December, 1643, are and shall be null and void, and that all Honours and Titles in the said Kingdom of Ireland, conferred on any Person or Persons since the said Cessation, shall be null and void

Ordinance for Papists and other Delinquents to de put Twenty Miles from London, &c.

"The Lords and Commons in Parliament assembled, taking Notice of the great Confluence and Resort of Papists, Officers, and Soldiers of Fortune, and such as have borne Arms against the Parliament of England, and have adhered to and assisted the Enemy in the late War, unto the Cities of London and Westm'r, and other Parts within the Lines of Communication, do, for the Prevention of such Inconveniencies as may thereby arise, think fit to Order, and it is hereby Ordered by the said Lords and Commons, That all Papists whatsoever, and all Officers and Soldiers of Fortune, and other Persons, that have borne Arms against the Parliament of England, or have adhered to, or assisted the Enemy in this late War, not being under Restraint, do, before the Eighteenth Day of this Instant December, depart out of the said Cities of London and Westm'r, and Lines of Communication, at least Twenty Miles distant from the said Lines; and if any such Person shall continue within the said Lines, or the said Distance of Twenty Miles from the said Lines, after that Time, such Person shall be apprehended, imprisoned, and proceeded against as a Traitor.

"And the said Lords and Commons do further Order, That all such Persons do forbear, upon the Penalty aforesaid, to return, or come within the said Lines, or the said Distance of Twenty Miles, without Licence under the Hands of the Committee appointed for Compositions at Gouldsmiths Hall.

"And the Committee of the Militia of London, and their Sub-committees in their several Limits respectively, are hereby required to keep strict Guards and Watches, and cause frequent Searches to be made, and to take Care for the due Execution of this Order.

"Provided, That this Order, or any Thing therein contained, shall not extend to any Person or Persons who shall obtain Licence under the Hands of the Committee of Gouldsmiths Hall to continue within the Limits aforesaid, for attending their Compositions only.

"Provided, That this Order, or any Thing herein contained, shall not extend to any Person or Persons who came in to the Parliament before the First Day of June, 1645, and are cleared by both Houses of Parliament for their Delinquency; or to any Person or Persons that have since come in and made their Peace with the Parliament, and sued out their Pardons.

"Provided also, That no Peer of this Realm shall resort unto the Committee of Gouldsmiths Hall, for Licence to continue within the Limits aforesaid; but shall repair only unto the House of Peers for their said Licence: This Order to continue for the Space of Two Months after the said 18th Day of December, and no longer.

Lord Berkeley's Possession of the Newgained Grounds in Slymbridge, quieted.

Upon reading of the Petition of George Lord Berkley this Day in the House; shewing, "That he and his Under-tenants have for above Thirty Years last past been peaceably seised of a Parcel of Land; called The New-gayned Grounds, as Part of his Manor of Slymbridge, in the County of Gloucester; but some Persons have, in a riotous Manner, since these unhappy Wars, digged down the Mounds, pulled down the Houses thereupon, and laid the said Grounds in Common."

It is Ordered, by the Lords in Parliament assembled, That the said Lord Berkley and his Tenants shall have the Possession of the said Lands as they held them the First Day of this present Parliament; and in case any Opposition shall be made by any Person or Persons whatsoever against the said Lord Berkley and his Tenants, touching their Possession, that then the Committee and Justices of the Peace, with the several Garrisons in that County, and the Inhabitants of the Townships of Slymbridge and Frampton, being the next adjoining, are hereby required to assist the said Lord Berkley and his Tenants, by all lawful Ways, to suppress any Riots, and quieting their Possession in the Premises: And lastly it is Ordered, That if the Parties concerned, or some of them, shall not shew Cause to this House, within Three Weeks next after the Date hereof, why the Possession of the said Lands should not be continued as aforesaid, that then this Order to be in full Force and Continuance until the Pleasure of this House be further signified to the contrary.

Adjourn.

House adjourned till 10^a cras.