DIE Jovis, 24 die Octobris.
PRAYERS, by Dr. Smyth.
Ds. Grey de Warke, Speaker.
Essex Fishermen and Countess of Sussex, concerning the Fishery at Barnham, alias Walfleet.
Upon reading the Petition of the several Fishermen,
Inhabitants within the County of Essex, desiring, "That
the Petitioners may be admitted, according to their
Right and antient Custom, to fish and drudge in the
Water of Burnham, alias Walfleete; and if any shall
offend upon the Rights and Fishings of the Countess
of Sussex, that she may take her Remedy against him
or them at the Common Law:" It is Ordered, That
this Petition be shewed to the Countess of Sussex, and she
desired to return her Answer to this House of the same.
Settling the Church Government.
The Lord Admiral reported, "That he had acquainted the Assembly of Divines with their Lordships Desire, that they would hasten the settling of the
Government of the Church; and they received the
Message with much Joy, and will speedily set upon it."
Ordinance concerning the Prisoners at Algiers.
The Lord Admiral reported from the Committee the
Ordinance concerning the Prisoners of Algiers, "That
they have considered of it, and think it fit to pass,
with a small Amendment:" Which being read, this
House Agreed to the said Ordinance, with the Amendment; and Ordered, to be sent to the House of
Commons, to desire their Concurrence therein.
L. Herbert of Cherbury come to London.
It was signified to this House, "That the Lord
Herbert of Cherbury is come to London, and returns
their Lordships great Thanks for their Favours towards him; but he, having a great Indisposition of
Health upon him at this Time, desires their Lordships
Leave, that he may follow a Course to recover his
Health:" Which this House granted, according to
Isle of Wight Petition, to re-annex the Manor of Bowcomb to the Government of the said Island.
Upon reading the Petition of the Knights, Gentlemen,
and Freeholders, of the Isle of Wight; shewing, "That
whereas there were many Things in Time past, both
of Ornament and Profit, belonging to the Government of the said Isle; videlicet, many great Manors,
which, together with Fines for granting and altering
of Estates in Tenements, and the Yearly Pay of Twenty
Shillings per Diem, to the Governor for the Time
being, did amount to Two Thousand Pounds per
Annum, or near thereabouts, whereby the said Governors were much both encouraged, and [ (fn. *) found it]
convenient to spend a great deal of Time, and often
wholly to reside in the said Isle, to the great Contentment, Profit, Security, and Satisfaction of the
"That all the said Manors, in Process of Time (but
by what Combinations or secret Contrivances the Petitioners know not), have been sold, conveyed away,
and utterly divided from the said Government, to the
great Discouragement of the Governors to dwell or
reside in the said Isle; whose Absence doth oftentimes
occasion many Mischiefs, and always great Disadvantages, to the Inhabitants thereof.
"That, about Fourteen Years since, the last of the
said Manors, called Bowcombe, was sold, and divided
from the said Government, to one Sir Henry Knowles,
lately deceased, and since descended to Sir Henry
Knowles the Son, and (by reason of his Malignancy)
is now sequestered to the Use of the State.
"That the said Manor, worth Two Hundred Pounds
per Annum, or thereabouts, is situate very near unto,
and lieth round about, Carisbrooke Castle, the usual
Place of the Governor's Residence, and is most convenient for Necessaries belonging to House-keeping
and Horse-keeping, and did always belong for that
Purpose to the Governors for the Time being; of
which they will be utterly destitute there, unless the
said Manors be again joined to the said Government.
"That, the Premises duly considered, and since it is so
timely fallen into their Lordships Hands, that so without any Difficulty, annexed (fn. *) the said Manor of
Bowcombe unto the Government of the said Isle, you
would be pleased speedily to pass an Ordinance of
Parliament to that Effect, whereby the Governors for
the Time being may be both the better encouraged,
and the more convenient to reside in the said Isle; and
that it may be confirmed to the Right Honourable the
Earl of Pembrook and Mountgomery, as Governor of
the said Isle for the Time being, that so the Petitioners
may receive the Benefit of their Governor's long-desired Residence with them.
"Robert Dillington Baronet.
"Greg. Norton Baronet.
"And many others."
Hereupon this House Ordered, That it is hereby
referred to Serjeant Whitfield and Serjeant Fynch, to draw
an Ordinance according to the Contents of this Petition,
and present it to this House on Saturday Morning next.
Ordinance concerning Middlesex.
Next, the Ordinance for Midd. was read Thrice, and
Agreed to with some small Alterations.
Prince Elector to be present at the Assembly of Divines.
"Ordered, by the Lords and Commons in Parliament assembled, That the Prince Elector his Highness may, at his Pleasure, come to the Assembly of
Divines, to hear the Debates there, from Time to
Time, when and as often as his Highness shall think fit."
And the Earl of Stamford is appointed to acquaint
the Assembly herewith.
Ordered, That the Concurrence of the House of
Commons is herein desired.
Message to the H. C. about it;
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To desire their Concurrence in the Ordinance concerning the Prince Elector's sitting in the Assembly.
and with Ordinances amended.
2. To desire their Concurrence in the Ordinance concerning the Captives of Argier, with the Alteration.
3. To desire their Concurrence in the Alteration concerning Midd.
Earl of Arundel's Woods; &c.
Upon reading the Petition of Wm. Marsh, Servant to
the Earl of Arrundell, concerning his Woods and Rents
in Nottingham, Yorke, &c. It is Ordered to be referred
to these Lords following, who are to make Report thereof
to this House:
Any Three, to meet To-morrow Morning.
Answer from the H. C.
The Messengers sent to the House of Commons return with this Answer:
That they agree to all the Particulars of the last
Message. (Here enter them.)
Message from thence, that they agree to the Prince Elector being present at the Assembly;
A Message was brought from the House of Commons,
by Mr. Reynolds and others; which consisted of these
1. That the Prince Elector Palatine shall have
Liberty, during his Abode in England, to go to the
Assembly, and to sit and be a Hearer there.
for the Judges, &c. to be consulted about the Trial of Ld. M'Gwire and M'Mahoun;
2. That all the Judges be consulted with by the
Counsel appointed to manage the Evidence at the Trial
of Macguire and Mac Mahon; about the said Trial; to
the End that the said Macguire and Mac Mahon may be
brought to a speedy Trial and Judgement.
3. To desire their Lordships Concurrence in appointing the Judges to be consulted with; and Mr. Serjeant
Whitfield to attend this Service of the Trial of Macguire
and Mac Mahon.
and with Ordinances, &c.
4. An Ordinance to give no Quarter to the Irish
Rebels. (Here enter it.)
5. An Order for treating with the Scottish Commissioners. (Here enter it.)
6. An Ordinance concerning the Wardship of Sir
Wm. Fairefaix's Son and Heir. (Here enter it.)
The Answer returned was:
That this House agrees to all the Particulars now
Order for treating with the Scots Commissioners.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That what Doubts or
Objections shall arise in either House, upon Consideration of any Thing propounded concerning the
Scottish Armies in England or Ireland, the same shall
be recommitted to the Committees of both Houses
appointed to treat with the Scotts Commissioners,
that, after Debate with the Scotts Commissioners, and
full Understanding of their Meaning, the Results
thereof may be reported to both Houses."
"An Ordinance of the Lords and Commons in
Parliament, for the discharging of William
Fairefax, Son and Heir of Sir Wm. Fairefax,
late of Steeton, in the County of the City of
Yorke, Knight, deceased, from Composition; and
for granting his Wardship to his Mother, and
the other Persons therein named, to his Use,
and the Use of the Younger Children of the
said Sir William Fairefax.
Ordinance to grant the Wardship of the late Sir William Fairfax's Children to his Widow.
"Whereas Sir Wm. Fairefax hath done very good and
faithful Service for the Parliament, and was lately
slain in the Service thereof: It is therefore Ordered, Ordained, and Declared, by the Lords and
Commons in this present Parliament assembled, and
the said Lords and Commons do hereby Order, Ordain,
and Declare, That the said William Fairefax, Son and
next Heir to the said Sir William Fairefax, shall be,
and is hereby, freely discharged of and from all Compositions, Fines, and Reservation of Rent, for, or in
respect of, his Wardship, and of and from all Marriage,
Primer Seizin, Liveries, Oustre le Maines, or other
Charge or Thing whatsoever, by reason thereof; and
that the Custody, Wardship, and Marriage of the said
William Fairefax, be committed to the Lady Fairefax
his Mother, Edmund Lord Sheffeild, Sir William Sheiffeild Knight, Thomas Challener Esquire, Brother of the
said Lady Fairefax, and Sir Thomas Widdrington Knight,
to the Use of the said William Fairefax; and the
Younger Children of the said Sir Wm. Fairefax; and if
it fortune the said Wm. Fairefax to die before he come
and be of his full Age of Twenty-one Years, then
the Custody, Wardship, and Marriage of Thomas
Fairefax, Second Son of the said Sir William Fairefax, to and for the respective Uses of the said Thomas
Fairefax and of the other Children of the said Sir
William Fairefax; and if it fortune the said Thomas
Fairefax to die before he come and be of the full
Age of Twenty-one Years of Age, then the Custody,
Wardship, and Marriage of such Male Child as shall
be born on the Body of the said Lady Fairefax, to and
for the respective Uses of the said Male Child, and
of the other Children of the said Sir William Fairefax;
and if no such Male Child be born, or, being born;
shall die before he come and be of the full Age of
One and Twenty Years, then the Custody, Wardship;
and Marriage of the Daughters of the said Sir Will.
Fairefax, to and for the Use of the said Daughters:
And the said Lords and Commons do also Ordain
and Declare, That the Master of the Court of Wards
and Liveries, and all Officers and Ministers there, and
in Chancery, and elsewhere, to whom it appertaineth,
shall, in due Manner, according to the Course of the
said Courts respectively, pass the said Custody, Wardship, and Marriage of the said Lady Fairefax, and the
said other Persons before named as aforesaid; for
which; this shall be their Warrant in that Behalf."
Ordinance for Redemption of the Captives at Algiers.
"Whereas, by an Act made this present Parliament,
intituled, "An Act for the Relief of the Captives
taken by Turkish, Moorish, and other Pirates, and to
prevent the taking of others in Time to come," a
Subsidy of One per Cent. was imposed on all Goods
and Merchandizes exported out of, or imported into,
this Kingdom of England, and Dominion of Wales,
which was to be One Fifth Part more than the Custom
and Subsidy of Tonnage and Poundage, according to
the Book of Rates; and whereas, since the passing
of that Act, the House of Commons, by their Order of
the Tenth of March, 1641, in regard of the then
growing Distractions of this Kingdom, did then Order,
That Bonds only should be taken by the Collectors
of the said (fn. *) Duty, for the Payment of the said One
per Cent. according to such Rates as this House should
after appoint, and accordingly the Bonds have been
taken: The Lords and Commons, &c. intending to
carry on that so pious a Work of the releasing of the
said distressed Captives, and withall having Respect to
the Encouragement of Merchants in their Trade, do
hereby Declare and Order, That only One Fourth Part
of the Monies due on the said several Bonds, that is to
say, One Fourth Part of the One per Cent. due by the
said Act, which is One Shilling in every Twenty Shillings, paid for Custom and Subsidy, according to the
new Book of Rates established by Authority of this
present Parliament, shall be paid by the several Merchants so indebted, within Thirty Days after Publication of this Order in Print, unto the Chamberlain of
the City of London for the Time being, who is hereby
authorized to receive the same, or unto his Deputy or
Deputies appointed by him; who, by himself and Deputies, (fn. †) is required to attend at the several Customhouses in the Port of London, and Out Ports, at the usual
Hours between Nine and Twelve in the Morning, to
receive the same, or to take such other Course for Dispatch of that Service as they shall think sit; and, upon
Receipt of the Monies due, to deliver up the Bonds;
which said Monies shall be employed and disposed of,
for and towards the Redemption of the said distressed
Captives, in such Manner as by the Lord Admiral and
the Committee of the Navy shall be ordered and
directed; and in case any Merchant so indebted shall
not pay in the said Fourth Part within the Time
before limited, the same being demanded, that then
the said Collectors do certify the Names of such
Person or Persons unto the said Committee of the
Navy, who thereupon are to cause the said Bonds
to be put in Suit, for the whole Duty of One
per Cent. according to the Intent of the said Act:
And it is further Ordered, That from the Day of the
Date hereof, unto the Expiration of the Date of the
said Act, no Bonds be taken for the said Duty; but
that the said Chamberlain, his Deputy or Deputies,
do receive the Money collected for the said Duty of
the Fourth Part of One per Cent. as before, upon all
Goods, Wares, and Merchandizes, both exported and
imported, according to the said Act; and all Merchants are hereby required to pay the same."
Ordinance to give no Quarter to the Irish Rebels taken here.
"The Lords and Commons, assembled in the Parliament of England, do Declare, That no Quarter shall
be given hereafter to any Irishman, nor to any Papist
whatsoever born in Ireland, which shall be taken in
Hostility against the Parliament, either upon the Sea,
or within this Kingdom, or Dominion of Wales; and
therefore do Order and Ordain, That the Lord General, Lord Admiral, and all other Officers and Commanders both by Sea and Land, shall except all Irishmen, and all Papists born in Ireland, out of all Capitulations, Agreements, or Compositions, hereafter to
be made with the Enemy; and shall, upon the taking
of every such Irishman, or Papist born in Ireland, as
aforesaid, forthwith put every such Person to Death:
And it is further Ordered and Ordained, That the
Lord General, Lord Admiral, and the Committees of
the several Counties, do give speedy Notice hereof
to all subordinate Officers and Commanders, by Sea
and Land respectively, who are hereby required to use
their utmost Care and Circumspection, that this Ordinance be duly executed: And lastly, the Lords and
Commons do Declare, That every Officer and Commander, by Sea or Land, that shall be remiss or negligent in observing the Tenor of this Ordinance, shall
be reputed a Favourer of that bloody Rebellion of
Ireland, and shall be liable to such condign Punishment as the Justice of both Houses of Parliament
shall inflict upon him."
House adjourned till 9a cras.