House of Lords Journal Volume 10
22 April 1648

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1767-1830

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'House of Lords Journal Volume 10: 22 April 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 219-222. URL: http://www.british-history.ac.uk/report.aspx?compid=32791 Date accessed: 26 October 2014.


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DIE Sabbati, 22 die Aprilis.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Northumb.
Comes Warwicke.
Comes Pembrooke.
Comes Salisbury.
Comes Mulgrave.
Comes Denbigh.
L. Viscount Say & Seale.
Ds. Mountague.
Ds. Howard.
Ds. Wharton.

Sir J. Gayer's Counsel.

Upon the humble Desire of Sir John Gayer Knight:

It is Ordered, That Mr. Chute, Mr. Hales, Mr. Phillips, and Mr. Kinge, are assigned to be of his Counsel.

D. of York escaped.

The Earl of Northumb. acquainted the House, "That the Duke of Yorke conveyed himself away last Night, privately, from St. James', none of his Servants knowing of it."

And it is Ordered, To have a present Conference with the House of Commons; and then the Earl of Northumb. is to make the same Narrative of the Manner of his Escape as he made now.

Message to the H. C. for a Conference about it.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Aylett:

To desire a present Conference, touching the Escape of the Duke of Yorke.

The Earl of Northumb. desired, "he might have Leave, at this Conference, to propound that some Course might be thought of how to dispose of the rest of the King's Children, to prevent the like going away of them; and how the Duke of Yorke's Servants and Family may be disposed of."

Which the House gave his Lordship Leave to do.

Message from thence, with Orders and Ordinances;— and to expedite some formerly brought up.

A Message was brought from the House of Commons, by Mr. Pury, &c.; who brought up divers Orders and Ordinances, wherein their Lordships Concurrence is desired:

1. An Ordinance for paying the Arrears to the Soldiers. (Here enter it.)

Agreed to.

2. An Order for securing and disarming Delinquents, and preventing Tumults and Insurrections by them.

3. To desire Concurrence in some Alterations in the Ordinance concerning the Church of Marston Mosey, in the County of Wilts. (Here enter it.)

Agreed to.

4. To desire their Lordships would please to give Expedition to these Orders and Ordinances, formerly brought up:

1. The Ordinance to continue the Committee of the Army and Treasurers at War.

2. The Ordinance for raising Six Thousand Pounds, for the Four Hundred Soldiers added to the Forces already in The Tower.

3. The Ordinance for the speedy bringing in the Arrears of the Assessments of the Sixty Thousand Pounds per Mensem in the City of London.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for paying the Arrears to the supernumerary Soldiers, and to the Order concerning the Church of Marston Mesey: To all the rest, they will send an Answer by Messengers of their own.

Heads for the Conference about the Duke of York's Escape.

Ordered, That the Matter of the Conference shall be this as followeth:

"That the Lords do well remember, that it was reported to both Houses, from the Committee of the Lords and Commons at Derby House, upon a former Design of the Duke of York's going away, That the Earl of Northumb. desired that he might not be further accountable for the Duke of Yorke; for that it appeared that there was a Design of taking him away, and that the Duke was consenting to it.

"The same Declaration was likewise made by the said Earl in the House of Peers.

"Yet, notwithstanding this Report and Declaration of the said Earl, upon the Receipt of Two Letters from the Duke of Yorke, directed to the Speakers of both Houses, by which he engaged his Honour, and Faith never to engage himself any more in such Businesses, both Houses did, by a Vote of the 2d of March, 1647, desire the Earl of Northumb. to take the best Care he could of the said Duke and the rest of the King's Children, and to continue them still under his Charge and Care; which the said Earl did accept, so as he might not be accountable if any such Accident should fall out, as that he should go away.

"Upon the Consideration hereof, and the Account which the Earl of Northumb. hath this Day given: The Lords and do declare, That they are fully satisfied, that the said Earl hath discharged his Duty and Trust, so far as could be expected from him."

P. Philip, Leave to come to see the P. Elector.

A Letter from the Prince Elector was read; (Here enter it.) signifying, "That his Brother Phillip intends to come to see him before he goes to Venice; therefore desires he may have Leave to come over:"

Which this House gives him Leave to come over; and that the Concurrence of the House of Commons be desired herein.

Answer from the H. C.

Doctor Bennet and Doctor Aylett return with this Answer from the House of Commons:

That they agree to give a Conference, as is desired.

Order for disarming and securing Delinquents.

The Order for disarming and securing Delinquents, and preventing Tumults and Insurrections by them, was read Twice; and committed to these Lords following, to make Alterations therein, and report the same to the House:

Comes Northumb.
Comes Pembrooke.
Comes Warwicke.
L. Viscount Say & Seale.
Comes Denbigh.
Comes Salisbury.
Comes Mulgrave.
Comes Manchester.
Ds. Howard.
Ds. Wharton.
Ds. Grey.
Ds. La Warr.

Any Three; to meet this Afternoon, at Three of the Clock, in the Lord Keeper's Lodgings.

The Lords went to the Conference.

Twisse to be instituted to Ichinstock.

Ordered, That Doctor Aylett give Institution and Induction unto Jo. Twisse Clerk, to the Vicarage of Itchingstocke, with Abbastowe, in Com. South'ton, void by Death; Salvo Jure, &c.: Great Seal.

Letter from the P. Elector, for his Brother P. Philip to have Leave to come to England, to see him.

"To my Lord of Manchester, Speaker of the House of Peers.

"My Lord,

"I have received Advertisement, by the last Ordinary from Holland, that my Brother Prince Phillip, being upon his Departure for Venice, and from thence to the Place and Employment which that State will assign to him and to such Troops he hath already levied and sent away for their Service, intends to take this in his Way, for to bid me Farewell; consi dering the Distance and hazardous Condition of his present Charge may debar him from ever seeing me again. And this I thought fit at this Time to give your Lordship Notice of; remaining

Som'sett House, this 22th of April, 1648.

"Your most affectionate Friend to serve you,

"Charles."

Ordinance to divide Meysey Hampton from Marston Meysey;—to build a Parish Church there, and for endowing it.

"Whereas the Inhabitants of Marston Meysey, in the County of Wilts, have, by their humble Petition, set forth, "That their Parish Church, being Meysy Hampton, in the County of Gloucester, is Two Miles distant from them, and the Ways unpassable in Winter; and that there hath formerly been a Chapel of Ease for the said Inhabitants to repair unto for Divine Worship, and Part of which Chapel doth yet remain, but of late Years converted to other Uses, by the late Bishops and their Tenants or Farmers; and that the Parsonage of Meysy Hampton is in the Gift of Corpus Christi Colledge in Oxford, and is of the Yearly Value of One Hundred and Fifty Pounds per Annum, over and above the Tithes and other Duties of the Petitioners; and have therefore prayed, that they might have Leave to erect and build a new Chapel, or Church, in the Room or Place where the former Chapel stood; and that the Tithes and other Duties belonging to the said Parsonage from the said Inhabitants of Marston Meysey might be granted and allowed unto the Petitioners, Inhabitants aforesaid, for the sole Use and Benefit of a godly and pious Divine, to preach God's Word unto them, and do such other Duties and Services therefor, as by the Laws of this Kingdom is required in such Cases:" The Lords and Commons, taking the said Petition into their serious Consideration, and being informed of the Truth thereof, and that a convenient Maintenance is intended to be settled upon the Minister for the Time being, have thought good to ordain, and be it Ordained by the Lords and Commons in this present Parliament assembled, That it shall and may be lawful for the said Inhabitants, or any other for them, to erect and build a convenient Chapel, or Church, in the Place or Room where the former Chapel stood, and to make use of the Materials thereof, together with Ground fit for Burial, for the said Inhabitants to repair unto, to hear Divine Service, and perform such other Duties and Services there as the Laws of this Realm do authorize in other Parish Churches to be done and performed; and that the said Chapel hereafter, to all Intents and Purposes, shall be, and be reputed, a Parochial Church, called and known by the Name of Marston Mesey; and that the Bounds and Limits thereof, as they now are known to lie, in the County of Wilts, shall be, and to all Intents and Purposes taken to be, the true and proper Bounds and Limits of the Parish of Marston Meysy; and that all the Dwelling-houses, and other Buildings, Tenements, Lands, Grounds, and Waters, within the Compass of the said Limits and Bounds, shall be to all Intents and Purposes received and reputed to be situate and be in the Parish of Marston Meysy, and no other Parish whatsoever; and that the Premises, together with the Inhabitants and Dwellers within the same, shall be to all Intents and Purposes henceforth the Parish of Marston Meysy; and that the said Church shall be a Rectory, and the Incumbent there and his Successors shall be incorporated by the Name of "The Rector of Marston Meysy and his Successors;" and shall have Liberty to sue and implead, as proper Rector of the Parish Church of Marston Meysy; and shall be from Time to Time, and at all Times, eligible by Robert Jenner and his Heirs and Assigns, and presentable only by Robert Jenner, being Lord of the Manor, his Heirs and Assigns, as the true and undoubted Patron thereof: And be it further Ordained, That the Inhabitants and Owners of Lands and Tenements within the Limits aforesaid shall from Time to Time, and at all Times hereafter, yield and pay all such Tithes and other Duties unto the said Rector of Marston Meysy, as formerly they were wont or ought to have yielded and paid unto the Rectory of Meysy Hampton, to be recovered by Demand, Action, Suit, or otherwise; and the said Inhabitants, being Householders within the Limits aforesaid, shall and may, at the usual Times, amongst themselves, elect Churchwardens and other Parochial Officers, to serve as well for the Public Service of the Country, or the better Ordering of the Affairs of that Parish; and the same, so elected by the said Inhabitants, or the greater Number of them assembled, upon public Notice first given, and (fn. *) to all Intents and Purposes shall be reputed to be true and lawful Officers for such Places of Service: And be it further Ordained, That the said Parishes of Meysy Hampton and Marston Meysy shall be from henceforth several and distinct Parishes, discharged from all Parochial Duty, Care, Charge, and Service, to each other, or the Inhabitants of each other; saving that it is ordained hereby, That the said Rector of Marston Meysy, from Time to Time, and at all Times, shall pay unto the Rector of Meysy Hampton the Sum of Six Pounds, Fourteen Shillings, for and towards the Payment of the First Fruits of the Rectory of the said Meysy Hampton, unto His Majesty, or His Successors, at such Time and Times as the same shall be due, and of Right ought to be paid, by the said Rector of Meysy Hampton for the Time being."

Forbes to be instituted to Deal, in Cornwall.

Ordered, That Doctor Heath give Institution and Induction unto James Forbes Clerk, to the Rectory and Vicarage of Deale, in the County of Cornwall, void by the Death of Edward Cotton, the last Incumbent; Salvo Jure, &c.: Presentation under the Hand and Seal of Thomas Arundell Esquire, Patron.

Sir J. Gayre's Counsel assigned.

Ordered, That Mr. Chute, Mr. Hales, Mr. Kinge, and Mr. Phillipps, are hereby assigned of Counsel with Sir John Gaire Knight, and Alderman of London, in making his Defence to his Charge of High Treason, and other High Crimes and Misdemeanors, sent up from the House of Commons, and now depending before the Lords in the High Court of Parliament.

(fn. †) "Die Sabbati, 22 April. 1648.

"An Ordinance of the Lords and Commons assembled in Parliament, for the further ascertaining of the Arrears of the Soldiery upon their Debentures, and securing all those that shall purchase the same.

Ordinance for ascertaining and paying the Arrears due to the Soldiery, and for securing the Purchasers of them.

"Whereas, by several Ordinances of Parliament, of the Four and Twentieth of December last past, for Security of the Arrears of the Soldiery, it was and is ordained and provided, That the Monies arising out of the remaining Part of Bishops Lands, after such Engagements as are charged thereupon should be first satisfied, shall be employed for the Payment of the Arrears due to the Soldiery that have faithfully served the Parliament; and that Two Third Parts of the Lands of all the Delinquents comprehended in the Three First Qualifications of the Propositions for Delinquents sent to the King into the Isle of Wight, not then pre-disposed of, or the Fines to be set upon those Delinquents, should be employed to the same Use; and further, by another Ordinance of Parliament of the same Date, the Sum of Six Hundred Thousand Pounds is charged upon the Moiety of the Receipts of Excise, in Course, towards Payment of the Arrears of the Army that is to be kept up, and of the Supernumeraries then appointed to be disbanded; and, by another Ordinance of the same Date, that the Sum of Six Hundred Thousand Pounds was and is charged upon all and every the Securities abovementioned, for the Uses aforesaid, to be in the First Place satisfied: And whereas, by several other Ordinances of Parliament of the same Date, the Committee of Lords and Commons for the Army, as also Commissioners in the several Counties, are appointed and authorized to state and audit the Accompts, and give Debentures for the Arrears of the Soldiery (as well those to be kept up as those then to be disbanded), and the Registry of such Debentures is appointed to be kept by such Person or Persons as the Committee of Lords and Commons for the Army should nominate and appoint; and that, for such Debentures as should be thereupon given out and signed by the said Committee of the Army, and Commissioners, or any Three of them, and registered as aforesaid, the State should be liable to the Payment thereof; and that the same shall be paid and satisfied respectively out of the Monies and Securities assigned or ordained as aforesaid by the Parliament, or further to be ordained for those Uses, as in and by the said several Ordinances may appear: Now the Lords and Commons in Parliament assembled do hereby further declare and ordain, and it is Ordained by the said Lords and Commons, That for such Debentures as are or shall be given out, signed, and registered as aforesaid, according to the said Ordinances, the Sums thereby charged (as Monies shall arise out of the said Securities, and come into the Hands of the Treasurers at War towards the Discharge thereof) shall be satisfied and discharged by the said Treasurers, upon the Warrant of the said Committee for the Army to the several and respective Persons to whom the same by the said Debentures is due, or to their respective Assignees, in Course, according to such Order, Method, and Proportions, as by the said Committee of Lords and Commons for the Army (upon Advice with the Lord General concerning the same) shall be prescribed and set down to the said Treasurers; and the said Committee of Lords and Commons are to take Order, that a perfect List of all the Soldiery to whom such Debentures are or shall be given (expressing the Sum of Arrears to them severally due) shall be made up, and kept in such Order and Course as they shall be set down and appointed to be paid in as aforesaid; and that the same be kept in a public and open Registry; and that, as any of the said Soldiery shall be satisfied any Proportion of their said Arrears, it shall be entered and expressed in the same Registry upon the aforesaid general List, so as any Person in the said List to whom any such Arrears are due, or any other in his Behalf, may at any Time see and find in the said Registry in what Order, Method, or Course, and by what Proportions, he is to be satisfied, and who was last paid, and when his own Turn or Course will come: And if any Person, to whom any Arrears upon such Debentures are or shall be due, shall sell or assign the same to any other, it is hereby Declared, That the Purchaser or Assignee shall duly receive the Monies thereupon due, in the same Order and Course, and by the same Proportions, as the Party himself expressed in the Debenture should or ought to receive the same; and the Acquittance or Acquittances of the Party to whom such Debentures shall be assigned as aforesaid shall be a sufficient Discharge for such Sum and Sums of Money they shall receive thereupon from the Treasurers at War, according to the Intent of this present Ordinance: And it is hereby further Ordained and Declared, That as to the whole Arrear of any Private Soldier or Non-commissioned Officer, or to any Part thereof, or to the First Moiety of the Arrears of any Commission Officer due upon such Debenture as aforesaid, there shall not (in relation to any Surcharge expected and not brought in, and made to appear before the Monies become payable according to such Course as aforesaid) be any Stop or Delay made to the Payment thereof in Course, as Monies shall come in for the Discharge thereof; any Thing in any former Ordinance contained to the contrary notwithstanding.

"Joh. Brown, Cler. Parliamentorum."

"Die Sabbati, 22 April. 1648.

"Ordered, by the Lords assembled in Parliament, That this Ordinance be forthwith printed and published.

"Joh. Brown, Cler. Parliamentorum."

Adjourn.

House adjourned till 10a Monday Morning next.

Footnotes

* Sic.
This Ordinance is printed, and bound in with the Original.