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 Saturni, 20 die Martii.
PRAYERS, by Mr. Sallawey.
Comes Manchester, Speaker.
Rynes and Ld. Cromwell.
Upon reading the Petition of Wm. Rynes, One of the Justices of the King's Bench in Ireland, wherein the Lord Cromwell is concerned:
It is Ordered, That the Lord Cromwell shall have a Copy of the Petition, and return his Answer unto this House within Five Days after the Sight of this Order.
Tomlinson committed for assessing the E. of Nott.
Ordered, That Thomas Tomlinson, now in the Custody of the Gentleman Usher attending this House, shall stand committed to the Prison of The Fleete, for making an undue Levy on the Lands of the Earl of Nottingham, a Peer of this Kingdom; there to remain during the Pleasure of this House.
Message from the H. C. with the Ordinance for Judges for Wales;
A Message was brought up from the House of Commons, by Mr. Recorder of London: That,
1. They have agreed to the Ordinance for the Justices of South Wales, with some Alterations, wherein they desire their Lordships Concurrence. (Here enter it.)
to continue the Commissioners of the Great Seal;
2. They desire their Lordships Concurrence, that the Great Seal of England may be continued in the same Commissioners as now it is for Twenty Days longer, after the Expiration of the Term last granted.
with an Ordinance, &c.
3. An Ordinance for taking off the Sequestration from Mr. Campion's Estate.
4. To deliver a Copy of the Articles of the Surrender of the Isle of Scylly, which is compared with the Original. (Here enter it.)
5. To put their Lordships in Mind of dispatching the Ordinance for the Regulating of Oxford.
The Answer returned was:
That this House agrees to the Alteration in the Ordinance concerning the Justices of North and South Wales; and also to the Continuance of the Great Seal in the present Commissioners for Twenty Days longer after the Expiration of the Time last granted: To all the rest of the Particulars, this House will send an Answer by Messengers of their own.
Message from thence, with an Ordinance;
A Message was brought from the House of Commons, by Colonel Birch:
To desire their Lordships Concurrence in an Ordinance for granting a Rent-charge to Mr. Barrow, of Fifty Pounds per Annum, out of Mr. Lingen's Estate.
and to expedite another.
2. To put their Lordships in Mind of an Ordinance formerly brought up, for Four Thousand Pounds for Gloucester.
The Answer returned was:
That this House will take their Message into Consideration, and will send an Answer by Messengers of their own.
Ordinance to regulate Oxford University.
The Ordinance for regulating and reforming the University of Oxon, was reported from the Committee, as fit to pass, with some Alterations and Additions; which Alterations and Additions were read Twice, and then the said Ordinance was read the Third Time with the Alterations and Additions; and this House agreed to it, and Ordered to be sent to the House of Commons for their Concurrence therein.
Johnson & al. to be attached, at Sir E. Sydenham's Suit.
Upon reading the Petition of Sir Edward Sydenham, and the Affidavit of Humphrey Cooper and Rob't Alsopp: It is Ordered, That William Johnson, Will. Bloudworth, and Thomas Boulton, for disobeying the Orders of this House, shall be attached by the Gentleman Usher of the Black Rod, and brought before this House, to answer their Contempts.
Ordinance for Smith to be a Commissioner of the Navy.
Ordered, To send to the House of Commons, to put them in Mind of the Ordinance formerly sent down, for making Mr. Thomas Smyth One of the Commissioners of the Navy, in the Place of Captain Morris.
Ld. Willoughby to export Horses.
Ordered, That the Lord Willoughby shall have Leave to transport over into Holland Six Horses, Mares, or Geldings, which his Lordship intends to be by Way of Exchange; and this to be Custom-free.
Ld. Loftus and Sir G. Wentworth.
Ordered, That the Cause between the Lord Viscount Ely and Sir George Wentworth shall be heard on Wednesday next.
Ordinance to repair Churches, &c.
Ordered, That the Ordinance concerning the Repairing of Churches and Chapels shall be read on Monday Morning next.
Exportation of Horses.
The House was in a Debate about the Transportation of Horses.
And the Question being put, "Whether, in this particular Case, to have the House to be adjourned into a Committee?"
It was Resolved in the Negative.
Ld. Wharton, Leave to be absent.
Ordered, That the Lord Wharton hath Leave to be absent, to attend his Health, for some Days, by Intermission, this Spring-time.
Ordinance for Judges for Wales.
"It is this Day Ordered and Ordained, by the Lords and Commons in Parliament assembled, That it be referred to the Commissioners for the Great Seal of England, to nominate and appoint fit Persons to be Justices of the Great Sessions for North Wales and South Wales; and to give Warrant to the Clerk of the Crown in Chancery to draw several Patents, according to the usual Form, for them respectively to exercise their said several Offices quam diu Nobis placuerit; and that the said Commissioners pass the said Patents under the said Great Seal accordingly, whereunto they are hereby authorized."
"Articles agreed on, the 11th Day of September, Anno Domini 1646, between Colonel John Sentabin High Sheriff of the County of Cornwall, Sir George Aiscue Knight, and Serjeant Major Thomas Genings, on the Behalf of the Honourable Captain Will'm Batten Vice Admiral and Commander in Chief of the whole Fleet employed for the Service of King and Parliament, and the Honourable Colonel Richard Fortescue Governor of Pendennis Castle and Commander in Chief under his Excellency Sir Thomas Fairefax of all the Forces of Horse and Foot in the County of Cornwall, of the One Party; and Francis Godolphin Esquire, Serjeant Major Christopher Grosse, and John Whiting, Esquires, on the Behalf of the Honourable Sir Thomas Bassett Knight, Governor of the Fort of St. Marie's and the Garrison thereof, in the Isles of Silley, on the other Party; for and concerning the surrendering of the said Fort and Garrison, as followeth:
Articles for the Surrender of the Isle of Scilly to the Parliament's Forces.
1. First, The Castle of St. Marye's, in Silly, and the Islands thereof, together with all the Forts, Fortresses, and other Fortifications, as well in Trescawe as in that Island, belonging to the said Garrison, with all their Arms, Ordnance, Ammunition, and Furniture of War, and Provision, except what shall be allowed in the ensuing Articles, shall be delivered to such Persons as Captain Wm. Batten Vice Admiral and Colonel Richard Fortescue shall appoint to receive the same, for the Use of King and Parliament, without any Spoil or Embezzlement, upon Wednesday the 16th Day of this Instant September, by Two of the Clock in the Afternoon, or at any Time after when it shall be required by the Persons authorized as aforesaid.
"2. That, in respect divers of the Officers and Soldiers of that Garrison have served in their Places many Years, and some of them with their Wives and Families are Farmers and Inhabitants of those Islands, and having lately given good Testimony of their Affection to the Parliament; therefore such of the old Soldiers as are Inhabitants of the Islands, and desire to continue there, shall by the present Governor, or by the Person or Persons who shall take Surrender of the Castle to the Use of the King and Parliament, be entertained, unless there shall be just Cause given to the contrary; and Lieutenant Godolphin, Serjeant Prym, and Gunner Harris, being ancient Officers of the Garrison, and very aged Men, and having no Subsistence elsewhere, may be allowed a convenient Stipend, equivalent to their former Allowance; they and every one concerned in this Article taking their Oaths for their faithful adhering to the King and Parliament, and holding and defending the said Castle and Islands against all Persons whatsoever that shall attempt to invade the same without the Consent of King and both Houses of Parliament.
3. That all Soldiers of the said Garrison shall, at the Time of Surrender of the Castle, be in The Town Greene, and there deliver up all their Arms to such Person or Persons as he that shall take the Surrender shall appoint to receive the same; provided, that such Soldiers who have Swords of their own may retain them; and that Sir Thomas Bassett, with all Gentlemen and Officers, as well Reformed as others, and Clergymen, with their Servants, shall retain and keep all their Horses and Arms, as also all other their Goods, and shall have Six Months Time after the Surrender of the said Castle, for the selling, transporting, or otherwise disposing of them; and that the Person or Persons that shall take the Surrender, or the Governor for the Time being, shall provide Shipping for a safe Convoy for the Transportation of their Goods and Persons from the said Islands, unto The Mounts Bay in Cornwall, or unto St. Mallowes or Deepe in France, whither they shall be pleased to go; all the new Soldiers to be transported, with what formerly was allowed, at the First Opportunity; the Gentlemen, Officers, and Clergymen, not exceeding the Number of Ten, besides their Servants, to have their Abode and Continuance, at their Election, in their Dwellings and Lodgings in the said Islands, so that it be not in the said Castle, or any Fort belonging thereunto, for the Space of Six Months after the Surrender; they acting nothing prejudicial to the Parliament during their Stay there.
"4. That no Officer, Soldier, or other Person comprized in these Articles, shall be reproached, or have any disgraceful Words or Affronts offered them, or be searched, plundered, or injured, during their Stay in these Islands, or in their Passage by Sea or Land nor shall any Person aforesaid be compelled to take up Arms against the King; nor shall any Oath, Covenant, or Protestation, be imposed upon any Person that shall not be entertained in the Service of the Parliament, during the Space of Four Months after the said Surrender.
"5. That no Person comprized in these Articles shall at any Time hereafter be questioned for any Words or Actions spoken or done, since the Beginning of this Parliament, in or concerning this War, or relating to the unhappy Differences between the King and Parliament; provided they be not such Person or Persons as are liable to Composition.
"6. That all Persons comprised within these Articles shall have, upon Request, a Certificate under the Hand of the Person or Persons that shall take the Surrender, or of the future Governor of the said Castle and Garrison, That such Persons were in the Islands at the Time of the Surrender of the Castle, that they may thereby have the Benefit of these Articles; as also all such Persons as are minded to return to their own Homes at any Time within the Six Months shall have their Let-passes, and Protections, for their peaceable Passage, and quiet Abode at their own or Friends Houses, whither they shall desire to repair; and that it shall be without Prejudice for their Friends to receive them.
"7. That no Person comprized in these Articles shall be imprisoned, restrained, sued, or molested, for any Matter, Action, or Cause whatsoever, had, committed, or done, by or against him, be it Public or Private Concernment, at any Time before the Date of these Articles; for the Public, not during the Space of Four Months, and for Private, not during the Space of Three Months, next ensuing after the Surrender of the said Castle.
"8. That His Majesty's Farmer of these Islands, and every other Person claiming under him, shall have and enjoy all their Estates, in their Lands and Tenements, Mills, Fishings, and Fowlings, the Rents and Profits of the same, with all their Shipping, Boats, Nets, and Fishing Instruments, with all their Corn, Fish, Goods, and Moveables, within the said Islands; as also that all Liberties, Privileges, Customs, and other Rights whatsoever, formerly used and enjoyed by the said Farmer and Inhabitants of the said Islands, or by him or them respectively, shall be held and enjoyed by him or them accordingly.
"9. That all Persons comprized within these Articles shall have Four Months Time to make their Compositions after the Surrender of the said Castle and Garrison, which Composition shall not exceed Two Years Profit of the just Value of their Estates; and, being made, they shall be freed from all Payments, Taxes, or Imposition, except what shall be hereafter charged upon them in common with other Subjects of this Kingdom by Authority of Parliament.
"10. That Sir Will'm Godolphin Knight, who hath an Estate in those Islands, and is now resident in France, may have the Benefit of these Articles, if he come in to the Parliament within Two Months after the Surrender of the said Castle.
"11. That no Vessel coming with Supplies or Intelligence to the Castle or Garrison, at any Time within a Fortnight after the Surrender thereof, shall be made Prize.
"12. That if any Officer, Soldier, or other Person comprized in these Articles, shall in any Point break or violate these Articles, the Fault and Punishment shall be upon him or them only who made the Breach or Violation, and shall not be imputed or charged upon any other not assenting thereunto, or acting therein.
"13. That, for the fuller and clearer understanding of the First Article, it is hereby Ordained, That the true Meaning thereof is, That no Fowlingpiece of any particular Persons, either in the Castle or Island, shall be retained or taken to be Arms or Ammunition, or to be surrendered according to the First Article; nor the Provision of Corn, Grain, Fish, or other Victuals, in or about the Castle, or other the Storehouses in those Islands, to be included therein, for that they be the proper Goods of the Governor and others of those Islands; and such Goods as are in those Islands belonging unto any other Person may be returned to their proper Owners.
14. That Francis Godolphin Esquire and Major Grosse remain in the Parliament Quarters, as Hostages for the due Performance of these Articles.
15. That Confirmation of these precedent Articles shall be procured from the Parliament, within Twenty Days after the signing of these Articles.
11 Sept. 1646.
"We approve of these Articles,
Commissioners of the Great Seal, &c. continued.
"Ordered, by the Lords and Commons in Parment assembled, That the Custody of the Great Seal do remain in the Hands of the Speakers of both Houses, in Manner as now it is, for the Space of Twenty Days longer than the Time it is now continued for; and that the Commissioners for hearing Causes in Chancery be likewise continued for the same Term of Twenty Days."
Ordinance to clear Campion of his Delinquency.
"Whereas Wm. Campion, of Cromwell, in the County of Kent, Esquire, hath by both Houses of Parliament been admitted to his Fine of One Thousand Three Hundred Fifty-four 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 for the said William Campion, 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 the Payment of the said Fine, with an Exception of the Right or Estate of the said William Campion 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 (fn. 1) 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 William Campion 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 Wm. Campion shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Jones to be instituted to Lanogwade.
Ordered, &c. That Doctor Aylett, &c. do give Institution, &c. unto William Jones Clerk, Master of Arts, unto the Vicarage of Lanogwade, in the County of Carmarthen, void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Jones taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.
and Watts to Hope of All Saints.
Ordered, &c. That Doctor Aylett, or his lawful Deputy, give Institution to Wm. Watts Clerk, Batchelor of Arts, unto the Rectory of Hope of All Saints, in the County of Kent; Presentation under the Great Seal.
House adjourned till 10a on Monday next.
Huc usque examinatur per nos,