Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 28 Augusti.
Col. Allon's Petition, to be freed from Arrests.
"In the First Place, more than most humble Thankfulness to your Honours, for your Honours gracious Countenance and Favour unto the Petitioner, in and by your Lordships Order, Die Jovis, 13 Augusti instantis, for the Release and setting at Liberty the Petitioner, then imprisoned in The Compter of Woodstreete, London, at the Suit of one John Nicholas.
"So it may please your Honours, that, in the Interim between the exhibiting and presenting of the Petitioner's former Petition unto your Lordships, and your Honours gracious Order thereupon, there was a Writ entered against the Petitioner, at the Suit of one Davies an Attorney in the King's Bench, for a very small Debt; and another Action of Four Pounds, Nineteen Shillings, at the Suit of Godfrey Browne, a Man altogether unknown to the Petitioner, and therefore supposed to be out of meer Envy and Malice to trouble the Petitioner: And upon this, and for this Reason, may it please your Honours, the Sheriffs of London by their Officers did refuse to set at Libetty the Petitioner.
"Your Petitioner, for the Avoidance of that Danger, was constrained to sue out His Majesty's Writ of Habeas Corpus, and so to become Prisoner to The Fleete until your Honours shall graciously be pleased to give him Enlargement, by the Continuation with Augmentation of your Honours Order, to be directed to the Warden of The Fleete; which the Petitioner doth most humbly implore, and for which the Petitioner shall by his Life and Fortune strive to give real Thankfulness, and also shall ever pray for your Honours Increase of Honour and Happiness.
"Ed'rus Allin attach. suit 13. 11. Virtute Brevis Domini Regis de Attach. Privileg. ad Sectam Humfridi Davies, Gen. unius Clericorum Samuell. Wightwicke Ar. re. coram Domino Rege a præd. Westm'r, Die Veneris prox. post Tres Septimanas Mich'e'is de Placito Transgress.
To be released, on giving Security to pay the Debts out of his Arrears.
Upon reading the said Petition: It is Ordered, That the said Mr. Allen shall be released of his Imprisonment in The Compter, Woodstreete, London, upon Sight of this Order, from the several Actions now upon him: Yet it is the Intent of their Lordships, and it is so Ordered accordingly, That he give his Creditors Satisfaction, out of the Payment of his First Arrears: And lastly, That this Order shall be a sufficient Warrant to the Sheriffs of London, the several Secondaries, and their Deputies, for the discharging of the said Mr. Allen upon Sight hereof.
L. Howard of Escr. Petition, to have the E. of Berkshire's Goods, for same Debts he is engaged for for him.
"That the Petitioner stands engaged in several special Debts for his Brother the Earl of Berksheir, whose whole Estate now lyeth under Sequestration by Order of Parliament, and was really, before the Wars began, entailed upon his Son, and mortgaged for Debt; whereby no Means is left the Petitioner for his own Indemnity, but out of the Personal Estate of his said Brother, which is also sequestered.
"The Petitioner, therefore, being able to prove, by Oath and sufficient Witnesses, the Goods of his said Brother were heretofore allotted him as Part of Satisfaction, desires your Lordships to have him so far in your Considerations, as to recommend this Business to the Committee of Lords and Commons for Sequestrations, that thereby the Petitioner may be in a Capacity of receiving the abovenamed Goods as Part of Satisfaction for what he is thus engaged.
Committee to swear the Countess of Berks & al. about it.
Ordered, upon the said Petition of the Lord Howard of Escr. That the Lord Wilioughby, the Lord North, Lord Suffolke, Lord Robartes, or any Two of them, shall go forth, and take the Countess of Ber'sheir's Oath in this Particular, and of the Lord Howard of Charlton, touching the making over the Goods to the Lord Howard de Escr.
Withypool's Assidavit, about Ly. Farmer's Ordinance.
"I, Lucy Withipoole, make Oath, That the Order of the House of Peers, dated the 31th of July last, for the Appearance of Henry Withipoole this Day before their Lordships, was brought to me to my Lodging not till Monday last in the Evening, being the 24th of this August; and that I could not possibly give him Notice of the said Order, he being (as I conceive) in Suffolke or Norff. so soon as that he might be here this Day.
Ordinance to dissolve County Committees.
Message from the H. C. with Orders for Thanksgivings.
E. of Southampton tenders himself.
The House was informed, by the Speaker, "That the Earl of Southampton made his Address to him lately, and desired to have his Respects of Duty to be tendered to this House." This was directed to be entered upon the Journal accordingly.
Message from the H. C. with an Ordinance for Ordination of Ministers.
Ordinance to dissolve County Committees.
The House was adjourned during Pleasure; and the Ordinance touching the putting down the Committees in the several Counties was taken into Consideration, and read, first together, and then taken in Parts.
Capt. Wood to be attached.
D. of Bucks, a Pass to come to London.
Letter from Sir T. Fairfax, about the Surrender of Ragland Castle by the M. of Worcester.
Ordinance for Ordination of Ministers.
Commissions of Oyer and Terminer, &c. to be issued.
Ordered, That the Commissioners of the Great Seal of England do issue forth Commissions of Oyer and Terminer and Gaol Delivery, for the Counties and Cities of Oxon and Worcester; and that Mr. Serjeant Wilde be named of the Quorum therein, for the Execution thereof.
Countess of Berks swears that the E. of Berks' Goods were made over to L. Howard of Ester for Debts, he engaged himself for, for him.
"I, Elizabeth Countess of Berks, do make Oath, That all the Personal Estate in both the Houses of the Earl of Berksheire, (videlicet,) his House at Ewe Elme in the County of Oxford, and his House at St. James' in the County of Midd. was legally and bond Fide made over, by Deed, to the Right Honourable Edward Lord Howard of Escr. for the said Lord Edward's Indemnity, and to save his Lordship harmless from divers Debts for which the said Lord Edward standeth engaged and bound with his Brother the said Earl; and the said Deed was so made before the Beginning of this present Parliament, and is still in Force, without any Manner of Revocation.
L. Howard of Charl's Declaration to the same Purpose.
"I, Charles Lord Howard of Charlton, do upon Honour declare (according to the Privilege of a Peer of the Parliament), That all the Personal Estate in both the Houses of the Earl of Berksheir, (videlicet,) his House at Ewe Elme in the County of Oxford, and his House at St. James' in the County of Midd. was legally and bonâ Fide made over, by Deed, to the Right Honourable Edward Lord Howard of Escr. for the said Lord Edward's Indemnity, and to save his Lordship harmless from divers Debts for which the said Lord Edward standeth engaged and bound with his Brother the said Earl; and the said Deed was so made before the Beginning of this present Parliament, and is still in Force, without any Manner of Revocation.
Order for the E. of Berkshire's Goods not to be takes away.
Upon the Petition of Edward Lord Howard of Escr. and the Affidavit of the Right Honourable Elizabeth Countess of Berksheir, and the Testimony of Charles Lord Howard of Charlton, by which it sufficiently appears to their Lordships, that all the Personal Estate of the Earl of Berksheire in his Two Houses, videlicet, in his House at Ewe Elme in the County of Oxon, and at his House at St. James' in the County of Midd. is now of Right belonging to the said Lord Edward Howard, being made over to him by a legal Deed before this present Parliament began, for his Lordship's Indemnity for several Debts for which the said Lord Edward Howard standeth engaged and bound with his Brother the said Earl of Berksheir: The Lords in Parliament assembled do hereby Order, That no Person or Persons whatsoever shall presume to meddle with, or dispose of, any of the said Goods now remaining in either of the said Houses, or elsewhere; but that they suffer them quietly to remain, wheresoever they are, without any Disturbance whatsoever, at their Peril, till such Time as the further Pleasure of their Lordships be known.
Leicester Garrison and Sudley Castle to be slighted.
Message from the H. C. with Orders.
E. of Worcester to be brought up by the Gentleman Usher.
Ordered, by the Lords in Parliament assembled, That the Person of the Earl of Worcester, a Peer of this Realm, be forthwith brought up, by the Gentleman Usher attending this House, or his Deputy, and presented before the Lords in Parliament, that such further Directions may be given touching the said Earl as this House shall think fit.
Sir T. Dishington, a Pass, with Servants and Horses.
Ordered, That Sir Thomas Dishington Knight is hereby authorized, with Six Men Servants, and Eight Horses, or Geldings, to pass to any Port within this Kingdom, to transport themselves, and the said Eight Horses and Geldings, into France, Custom and Impost-free; taking with them such Apparel and Necessaries lawfully exportable as shall be convenient; and to return back.
Sir W. Farmer's Ordinance.
Goodman and Hanson reprieved.
Ly. Lumley, Petre, and Withypool's Cause, about Ly. Farmer.
Ordered, That the Cause between Lucy Petre, Widow, Elizabeth Viscountess Lumney, and Henry Withipoole Esquire, concerning the Lady Farmer a Lunatic and her Estate, shall be heard, at this Bar, on the 11th of September next, at Ten of the Clock in the Morning, at which Time all Parties, by their Counsel, are to attend; and that the leaving of this Order at the House or Lodging of the Parties concerned shall be a sufficient Serving.
Tenants of Woking versus Zouch and Duncombe.
Ordered, That the Cause between the Tenants of the Manor of Wokeing, in the County of Surrey, Plaintiffs, and Beatrice Zouch Widow, Committee of the Wardship of her Son Edward Zouch Esquire, and George Duncombe Gentleman, Desendants, upon Petition and Answers depending in this House, shall be heard at this Bar, on the 18th of September next, at Ten of the Clock in the Morning; and hereof all Parties are to take Notice, and attend with their Counsel accordingly.
Message to the the H. C. with Ordinances.
E. of Berks; Leave to come London.
Ordered, That the Right Honourable Thomas Earl of Berks, with his own Followers, be permitted to come out of Holland, into the Kingdom of England, and so to London, any Time within Two Months next after the Date of this Order.
Col. Kekewich to be Capt. of St. Mawes.
Order for a Thanksgiving in London and Liberties.
"Ordered, by the Lords and Commons assembled in Parliament, That Tuesday, being the 8th Day of September now next coming, be set apart for a Day of Public Thanksgiving, within the Cities of London and Westm'r, Lines of Communication, and Weekly Bills of Mortality and Ten Miles about, for the great Blessing of God upon the Forces of the Parliament, in the reducing of the several Castles and Garrisons of Worcester, Wallingford; Ruthen, Ragland, and Penndennis; and that the Lord Mayor of the City of London do take Care that the Ministers of the several Churches and Chapels within the City of London and Liberties thereof may have timely Notice hereof."
Order for Do in the Country.
"Ordered, by the Lords and Commons assembled in Parliament, That Tuesday, being the 22th Day of September now next coming, be set apart for a Day of Public Thanksgiving, to be observed and kept in all Churches and Chapels, in the several Counties, Cities, and Places, in the Kingdom of England, above Ten Miles distant from the City of London, for the great Mercy of God to the Forces of the Parliament, in the reducing of the several Garrisons and Castles of Worcester, Wallingford, Ruthen, Ragland, and Pendennis; and that the Members of this House, that serve for the said several Counties, Cities, and Places, do take Care that timely Notice hereof may be given to the respective Ministers within the Places aforesaid."
Letter from Sir T. Fairfax, that Ragland Castle had surrendered, and about the M. of Worcester.
"This Evening Articles of Agreement are signed, for the Rendition of Ragland Castle on Wednesday next. I was purposed to have granted my Lord of Worcester an Article, for the Preservation of himself and Family from the Violence of the Soldiery, and his Continuance (being an aged Man) in Ragland Castle till the Pleasure of the House was known concerning him, being an excepted Person. But his Lordship did rather choose to cast himself wholly upon your Lordships Mercy and Favour; which I did engage myself (my Commissioners having agreed to it, and the Gentlemen of the Country desiring it) to represent unto you. This County found the Castle a troublesome Neighbour. It did not want Strength or regular Fortification; and the gaining of it at so easy a Rate, I doubt not but your Lordships will account as a great Mercy. I remain
Articles for Surrender of Ragland Castle.
"Articles concluded and agreed upon, betwixt his Excellency Sir Thomas Fairefax Knight, General of the Forces raised for the Parliament, on the One Part, and the Right Honourable the Marquis and Earl of Worcester, Governor of the Castle and Garrison of Ragland, on the other Part, for and concerning the Surrender of the Castle and Garrison of Ragland.
"1. That the Castle and Garrison of Ragland, with all the Ordnance, Arms, Ammunition, and Provisions of War, thereunto belonging, shall be delivered up, without wilful Spoil, unto his Excellency Sir Thomas Fairefax, or such as he shall appoint to receive the same, on Wednesday next, being the 19th Day of this Instant August, by Ten of the Clock in the Forenoon, in such Form as shall be expressed in the ensuing Articles.
"2. That, upon the said 19th Day of August, the Officers, Gentlemen, and Soldiers of the Garrison, with all other Persons therein, shall march out of the said Garrison, with their Horses and Arms, with Colours flying and Drums beating, Trumpet sounding, Matches lighted at both Ends, Bullets in their Mouths, and every Soldier Twelve Charges of Powder, Matches, and Bullet proportionable, and with Bag and Baggage, to any Place within Ten Miles of the Garrison where the Governor shall nominate, where, in respect His Majesty hath no Garrison in England open, nor Army any where within this Kingdom or Dominion of Wales, their Arms shall be delivered up to such as his Excellency shall appoint to receive them, where the Soldiers shall be disbanded; and that all, both Officers, Gentlemen, and Soldiers, shall have the Benefit of these ensuing Articles, except Persons excepted from Pardon and Composition, they engaging themselves not to bear Arms hereafter against the Parliament, nor doing any Thing during their Abode in the Parliament's Quarters prejudicial to their Affairs.
"3. That all such as desire to go to their Homes, or private Friends, shall have the General's Pass and Protection, for their peaceable Repair to, and Abode at, the several Places they shall desire to go unto; the Officers and Gentlemen to pass with their Horse and Arms, also such Officers and Gentlemen, Reformed or not Reformed, that want Horses, shall march with their Arms, and all Officers, Gentlemen, Soldiers, and others, shall pass with Bag and Baggage.
"4. That all Officers, Gentlemen, and others, comprized within this present Capitulation, shall have Three Months Time allowed them, to remain in any Place within the Parliament's Quarters, for the endeavouring their Peace and Composition; and that all Gentlemen that desire to go beyond Sea shall have Passes, for themselves, Servants, and Necessaries, to go to any Port, to ship themselves (they paying the usual Rates), provided they go within Three Months after the Surrender; and that all Gentlemen, Soldiers, Officers, and others, as shall desire to take Foreign Entertainment, shall, without Exception, have Passes for themselves and Servants, to go to London, or elsewhere, to treat with any Ambassador or other to that Purpose, with their Bag and Baggage, to march to any Sea Port, to be transported whither they please, they likewise paying the usual Rates accustomed.
"6. That no Officers, Gentlemen, nor Soldiers, during these Three Months, shall be questioned for any Words spoken, or Acts done, relating to this War, since the Commencement of it: That no Person whatsoever, comprized within these Articles, shall be reproached, affronted, plundered, or injured, in their March, Quarters, or Places of Abode, nor any Person which shall receive them shall be molested, or suffer any Prejudice therefor; but shall have Liberty, during the limited Time, to pass about their lawful Occasions, provided they act nothing to the Prejudice of the Parliament: And in case any of these Articles be broken by any particular Person, that the Punishment extend no farther than the Party so offending; and that all these Articles may be faithfully observed according to the true Intent thereof, without any Cavil or mental Reservation to infringe them, or any of them.
"We, the Commissioners appointed by his Excellency Sir Thomas Fairefax to treat and conclude with the Marquis's Commissioners for the Delivery of the Castle and Garrison of Ragland to his Excellency, for the Use of the Parliament, by subscribing our Names, consent to these Articles.
"We, the Commissioners appointed by the Right Honourable the Earl and Marquis of Worcester, to treat and conclude with his Excellency's Commissioners for the Surrender of the Castle and Garrison of Ragland, do, by subscribing our Names, consent to these Articles.
Order for 520 l. to Capt. Batten, disbursed by him for reducing Portland Castle.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred and Twenty Pounds, disbursed by Captain Batten, Vice Admiral, for the reducing of Portland Castle, be forthwith re-paid to the said Captain Batten, or his Assigns; and that the Committee of the Navy do issue their Warrant unto the Treasurer of the Navy, for the Payment of the said Five Hundred and Twenty Pound; unto the said Captain Batten, or his Assigns, accordingly."
Ordinance to clear Sir W. Farmer and Ly. A. Farmer of their Delinquency.
"Whereas the Lady Anne Farmer Widow, Relict of Sir Hatton Farmer, late of Easton, in the County of Northampton, Knight, deceased, and Sir William Farmer, of Easton, aforesaid, Knight and Baronet, hath by both Houses of Parliament been admitted to their several Fines; (videlicet,) the said Lady Anne Farmer to her Fine of Eight Hundred and Forty Pounds, she having voluntarily contributed to the Maintenance of the Forces raised against the Parliament; and the said Sir William Farmer to his Fine of Fourteen 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 Lady Anne Farmer and Sir William Farmer, for their said Offences, in such Form as is 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 Estate for which the said Fines were accepted, according to the Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof; to the said Lady Anne Farmer from the 20th Day of April, 1646; and to the said Sir William Farmer from the 29th Day of July, 1646; with an Exception of the Rights or Estates of the said Lady Anne Farmer and Sir William Farmer in or to all Advowsons, Presentations, and Rights 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 Lady Anne Farmer, or Sir William Farmer, from any further Composition, 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 Particular were of greater Yearly Value than are therein expressed Three Years before the Year of our Lord 1640, then the said Lady Anne Farmer and Sir William Farmer shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Ordinance to clear Mr. C. Howard of his Delinquency.
"It is Ordered, by the Lords and Commons assembled in Parliament, That, upon the Payment of Four Thousand Pounds by Charles Howard Esquire, unto the Committee of the Revenue, the said Mr. Howard and his Estate should be discharged of the Sum of Four Thousand Pounds, payable for the Wardship of his deceased Brother, and also of his Sequestration: And whereas Part of the said Four Thousand Pounds is already paid, and the Residue thereof sufficiently secured by the Committee; the Lords and Commons assembled in Parliament do hereby acquit, free, and discharge, the said Charles Howard, and his Estate, of and from all Sequestrations whereunto he or his Estate is liable by virtue of any of the Ordinances of Parliament for Sequestrations; and do Ordain, That he shall be restored to the Possession of all his Manors, Lands, Tenements, and Hereditaments; and the Committees for Sequestrations, in their respective Counties, are hereby enjoined to restore him to the same Possession accordingly; and that he shall have, receive, and enjoy, all Rents and Arrears of Rents thereof, from the 1 of July, 1646.
"It is further Ordered and Ordained, and the said Lords and Commons now in Parliament assembled do Order, Declare, and Ordain, That the said Charles Howard and his Estate, and the Sureties of his deceased Brother and their Estates, and every of them, is, and are, and shall be hereby, freed and discharged of and from the said Sum of Four Thousand Pounds, and of every Part thereof, payable for the said Wardship, and of and from all Orders for the same; and that the said Charles Howard, nor his Heirs, nor the Sureties of his said deceased Brother, or any of them, or the Heirs, Executors, or Administrators of any of them, shall not at any Time hereafter be troubled, impeached, or molested, in his or their Bodies, Lands, Goods, or Chattels, by any Process, Suit, or Demand whatsoever, for or concerning the said Fine or Sum of Four Thousand Pounds, or any Part thereof; but he and they, and every of them, shall from henceforth be clearly and absolutely thereof, and of every Part thereof, and of all Compositions, Rents, and Sums of Money, and all Bonds entered into in the Court of Wards on his said Brother's Behalf, and of all other Questions and Demands which may be had and moved against him the said Charles Howard, his Lands, Goods, and Chattels, or the Sureties of his said deceased Brother, or any of them, or their or any of their Heirs, Executors, or Administrators, or any of their Lands, Goods, or Chattels, by reason or colour of the Wardship of his said deceased Brother, acquitted and discharged; and the Master, Surveyor, Auditors, Receivers, and all other Officers and Ministers of His Majesty's said late Court of Wards and Liveries, and all and every other Person and Persons concerned in that Behalf, are hereby required, for which this shall be a sufficient Warrant to them and every of them, to cancel and make void, or deliver up to be canceled and made void, all Bonds and Engagements given to them, or any of them, or now being in their Custody, for the Payment of the said Four Thousand Pounds, or any Part thereof, and for all and every Rent and Rents, Sum and Sums of Money, due or payable in respect or occasion thereof; and to discharge all Seizures, Processes, and Proceedings, for or concerning the same.
"Provided, That, notwithstanding any Grant or Clause in this Ordinance, touching the Right or Estate of the said Charles Howard in or to any Advowson, or Presentation, and Right of Patronage, to any Church or Chapel whatsoever, be and is hereby excepted."