Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 17 die Septembris.
PRAYERS, by Dr. Hoyle.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they will send an Answer, by Messengers of their own, to all the Particulars.
Message from the H. C. about Col. Hammond's Patent to be Gov. of the Isle of Wight;
A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, &c.; who brought up these Particulars:
1. To desire Concurrence in divers Particulars, which are to be inserted in the Patent for Colonel Robert Hamond to be Governor of the Isle of Wight.
(Here enter it.)
Agreed to the Schedule; excepting to the Particulars crossed, which are to be left out.
with an Ordinance;
2. To desire Concurrence in an Ordinance for making Samuell Gosse One of the King's Waiters.
(Here enter it.)
and about the Impeachment of the Lords, who sat while the Speakers, &c. were with the Army.
3. To desire their Lordships would appoint a Time, when the House of Commons may bring their Proofs and Evidence against the Seven Lords, Members of this House, impeached by the House of Commons of High Treason.
Wombwell, an Attendant of this House, to have a Place.
Memorandum, That it was the Resolution of this House, That Wm. Wombwell, an Attendant to this House, shall be taken into Consideration, for to have the next Place as falls void; in regard he was recommended to the Committee for the Revenue, by this House, to have the Place of One of the King's Waiters, now conferred upon Sam. Gosse.
Answer to the H. C.
The Answer returned to the aforesaid Message was:
That their Lordships do agree to the Schedule to be added to the Patent for Colonel Rob. Hamond to be Governor of the Isle of Wight; and to the Ordinance concerning Mr. Gosse: As to the Business concerning the Seven Lords impeached, their Lordships will take the same into speedy Consideration, and send an Answer by Messengers of their own.
Parvoe and Bp. Towers to make Satisfaction to Spinkes, for detaining his Tithes at Castor.
This Day Thomas Love and John Warren, upon Oath, at Bar, deposed, "That John Parvo did bid them keep their Tithes in their Hands for Doctor Towers, and not pay them to Mr. Spinkes."
And Thomas Brookes did depose, "That the said John Parvoe did come to him, and forbid him to pay any Tithes to Mr. Spynkes for Castor, but to keep them in his Hands for Doctor Towers; and the said John Parvoe did read a Paper in the Church of Castor, and a Proclamation made at Oxford, forbidding to pay any Tithes to the said Mr. Spynkes."
And, upon Consideration of the whole Matter, the Lords Ordered, That the said John Parvow shall publicly, in the Church of Castor, in the Face of the Congregation, acknowledge his Error in reading the said Papers; and to publish to the Parishioners, in the Church, at the same Time, That the Tithes are to be paid to Mr. Spynkes, according to the Ordinance of Parliament, and not to Doctor Towers; but that the said Mr. Spynkes is to enjoy them quietly, without any Molestation or Trouble.
And it is further Ordered, That Doctor Towers and the said John Parvow shall pay to Mr. Spynkes the Charges he hath been at in this Trouble.
Complaint against Hall, Minister of Thaxsted.
Ordered, That the Complaint against Hall, &c. shall be heard on Thursday next; and that such others shall be attached as are mentioned in the Affidavits, and have been Actors in the Offence: And Witnesses on both Sides to be present.
Brown, Cler. Parl. and Sir A. Littleton, versus Morris, alias Poyntz.
This Day the House took into Consideration the Charge of John Browne Esquire, Clerk of the Parliament, against John Morris, alias Poyntz, Isabell Smyth, Leonard Darby, and John Harris, which formerly had been heard, by Counsel and Witnesses, at this Bar, several Days, on both Sides.
And the Lords, upon mature Deliberation of the whole Matter, did Order, Adjudge, and Decree, That, for their Offences,
"That the said John Morris, alias Poyntz, Isabell Smyth, Leonard Darby, and John Harris, shall be fined to our Sovereign Lord the King, Two Thousand Pounds.
"That they shall pay to John Browne Esquire, Clerk of the Parliament, by Way of Damages, Five Hundred Pounds.
"That they shall be bound to the Good Behaviour during their Lives.
"That the Copy of the pretended Act of Parliament, affirmed upon Oath to be subscribed with the Name of the Clerk of the Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands, in the County of Essex, and Beaves Markes, alias Buries Markes, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance," is hereby adjudged and decreed to be damned and canceled, as being forged, counterfeit, and fraudulent, and never to be pleaded in any Court or Cause whatsoever, nor admitted to be given in Evidence; there being no Record of any such pretended Act.
"That they shall be ever hereafter (fn. 1) made uncapable to be Witnesses in any Cause whatsoever.
"That the said John Browne Esquire, Clerk of the Parliaments, is, in the Judgement of this House, free and clear of and from all and every the Aspersions, Falsities, and Charges, of the said John Morris, alias Poyntz, Isabell Smyth, Leonard Darby, and John Harris, uttered, divulged, and given out by them against him; and that this Judgement shall be openly read and published, in the Face of the whole County of Essex, at the next Assizes to be held for that County.
"That they shall bring, or cause to be brought, into this House, by next, One Exemplification under the Great Seal of England, concerning the Manor of Little Munden, in the County of Hertford; and another Exemplification of the aforesaid counterfeit Act of Parliament, to which the Great Seal of England is unduly and fraudulently affixed, that so the aforesaid forged Exemplification may be canceled and vacated.
"That they shall be imprisoned during the Pleasure of this House."
Ordered, That this Judgement shall be drawn into Form, and presented to this House on Tuesday Morning next.
Spinkes versus Towers and Parvoe, for withholding his Dues at Castor.
Upon hearing the Witnesses of Edmund Spinkes, Minister of Castor, in the County of North'ton, in making good the Complaint against Doctor Towers, late Bishop of Peterborrough, and John Parvow his Servant:
And it appearing, "That the said Doctor Towers and John Parvow did command and persuade the Parishioners of the said Parish to pay no Tithes or Duties to the said Edmond Spinkes; and that the said John Parvow, the 8th Day of August, 1647, being the Lord's-day, did, in the Afternoon, publicly in the Face of the Congregation, stand up, and said, "His Lord the Bishop had commanded him to publish a Proclamation from the King, and an Order from Sir Thomas Fairefax, against Payment of Tithes to the said Edmond Spinkes;" which accordingly, to the great Disturbance of the Congregation, he did read:"
The said Proclamation being made at Oxford; and the said Order being a false and seigned Thing, disclaimed by Sir Thomas Fairefax: It is Ordered, by the Lords in Parliament assembled, That the said John Parvow shall publicly, in the said Church of Castor, before the Congregation (where he shall be required by the said Mr. Spinkes), acknowledge his Error, in reading the aforesaid Proclamation and pretended Order; and that he declare, at the same Time, publicly, That all the Tithes and Duties belonging to the said Parsonage of Castor are and ought to be paid to Mr. Spinkes, and not to Doctor Towers, and are to be enjoyed by Mr. Spinkes without any Trouble or Molestation:
And it is farther Ordered, That the said Doctor Towers and John Parvow shall pay to Mr. Spinkes such Charges and Expences as he hath been at by this Business, occasioned by them.
Establishment for the Garrisons, &c. in the Isle of Wight.
"The ordinary Charges now appointed to continue in the Castle and Forts within the Isle of Wight.
"Die Veneris, 17 Septembris, 1647.
"Ordered, by the Lords and Commons assembled in Parliament, That this Schedule be annexed to the Patent to be passed the Great Seal, for appointing and constituting Colonel Robert Hamond Captain and Governor of the Isle of Wight."
Ordinance for Gosse to be One of the King's Waiters in the Custom House.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That Samuell Gosse, of London, Gentleman, shall have and hold the Office or Place of One of the King's Waiters, in the Port of the City of London, and in all and singular Ports, Places, and Creeks, to the said Port adjoining and appertaining, and also all and singular Vails, Fees, Rewards, Allowances, Profits, and Emoluments whatsoever, to the said Office or Place due, belonging, or appertaining; to be paid by the Customers, Collectors, or Farmers of the Customs and Subsidies, in the said Port, for the Time being, at the Times usual, and otherwise belonging to the said Place: And Oliver St. John Esquire His Majesty's Solicitor General is hereby authorized and required to prepare a Bill, containing a Grant, by and with the Advice, Assent, and Consent, of the Lords and Commons assembled in Parliament, unto the said Samuell Gosse, of the said Office and Premises, so long as he shall well demean himself therein, as fully and amply as Lawrence Newman deceased, or any other of the King's Waiters in the said Port, now have, or at any Time heretofore held and enjoyed the same; which said Grant, so prepared, the Commissioners for the Great Seal of England are hereby authorized and required to pass, under the said Great Seal, in usual Form, accordingly."