DIE Sabbati, 22 die Aprilis.
PRAYERS, by Mr. Sallawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
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
1. An Ordinance for paying the Arrears to the Soldiers. (Here enter it.)
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.)
4. To desire their Lordships would please to give
Expedition to these Orders and Ordinances, formerly
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:
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
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
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
L. Viscount Say & Seale.
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.
"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
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."
House adjourned till 10a
Monday Morning next.