DIE Martis, 7 die Julii.
PRAYERS, by Mr. Ash.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Answers from the H. C.
Mr. Justice Bacon and Mr. Baron Atkins return with
this Answer from the House of Commons:
That they agree to the Nomination of a proportionable
Number, to go to the King, with the Propositions: To
the rest, they will send an Answer by Messengers of
Sir Edward Leech and Mr. Page return this Answer
from the House of Commons:
That they will send an Answer by Messengers of their
Paper from the Scots Commissioners, for the Marq. of Argyle to be One of the Commissioners for Kirk Government.
A Paper was read, delivered in from the Scotts Commissioners.
Edingburgh, ult. Junii, 1646.
"The Commissioners of the Generall Assembly, consideringe that the Lord Balmerino, who is appointed
by the late Assembly to be One of the Commissioners
for the Kirke, for endeavouringe the intended Uniformity in Religion and Kirke Goverment betwixt
the Kingdomes, is not nowe to repaire to London;
and having certaine Knowledge of the Faithfullnes
and Abilities of the Right Honorable Archibald
Lord Marquis of Argyle, who is nowe there; doe
therefore, accordinge to the Power graunted to them,
nominate his Lordship in the Place of the said Lord
Balmerino; giving hereby to him full Power to joyne
with the remanent Commissioners, in prosecuting the
Treaty for Uniformity with the Honorable Houses
of the Parliament of England, and the Reverend
Assembly of Divines there, or with Comittees from
them, and to doe all Things necessary with the said
Comissioners for promoving the Worke aforesaid,
as freely and fully as any of the Comissioners, or
as if his Lordship had ben particulerly nominated
to that Effect by the Generall Assembly."
Ordered, that this House approves of the Marquis of Argyl, (fn. * ) to be One of the Assembly of Divines,
in the Place of the Lord Balmerino.
Message to the H. C. about it;
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To desire their Concurrence, that the Lord Marquis
of Argyle may be One of the Assembly of Divines, in
the Place of the Lord Balmerino.
and for Mr. Murray to be released.
2. To desire their Concurrence, that Mr. Wm. Murray
may be released from his Imprisonment in The Tower,
and set at Liberty, he being acquitted by the Council
Hodges's Order for Institution to Birmingham, vacated.
An Order was read, for vacating an Order of Institution and Induction to Ralph Hodges, to the Parsonage
of Birmingham, in the County of Warwicke, and putting it into the Hand of the Lord Viscount Say & Seale,
to whom it belongs, as being Guardian of Edward Marrow Esquire, His Majesty's Ward; and Agreed to.
(Here enter it.)
Churchill's & al. Ordinance.
An Ordinance for taking off the Sequestration of
George Churchill, in the County of Devon, was read,
and Agreed to. (Here enter it.)
Form of a Pardon for Delinquents.
The House took into Consideration the Alterations
in the Form of the Pardon brought from the House of
And it was Resolved, upon the Question, That this
House agrees that these Alterations shall be made in
the said Pardon. (Here enter the Pardon.)
Message from the H. C. to pass the Vote, that there is no further Use for the Scots Army.
A Message was brought from the House of Commons,
by Sir Peter Wentworth Knight:
To let their Lordships know, that, about June last,
the House of Commons, at a Conference, delivered to
their Lordships a Vote, declaring, "That this Kingdom
hath no further Use of the Scotts Army;" wherein
they desired Concurrence, and do now again desire Concurrence. And farther, he was commanded to let their
Lordships know, that the Commons of England are not
able any longer to bear that Burthen, nor pay that
The Answer returned was:
That this House will take this Message into Consideration, and will send an Answer by Messengers of their
Disbanding the Armies.
Ordered, That this House will take into Consideration To-morrow Morning the Disbanding of all the
Armies in the Kingdom; and all the Lords are to have
Notice, to attend this House To-morrow.
Amendment to the general Order concerning Writs of Error.
Whereas, in the Order of the 28th May, 1646, concerning Writs of Errors (fn. *) which are brought into this
House, there are Eight Days limited for the Plaintiffs in
the said Writs to assign Errors: Which Time being too
short, the Plaintiffs not being able in so short a Time to
take out Copies of the Record; it is Ordered, by this
House, That the Time of Eight Days is hereby enlarged
to Fourteen Days.
Charge against Lylburn.
This Day the Charge was presented to this House
against John Lylburne, drawn up by the King's Counsel;
which was read.
And it is Ordered, To be referred to all the Judges,
who are to be attended by Mr. Hayles and the rest of
the Counsel, that so it may be put into that Way, and
those Particulars extracted by the King's Counsel against
Lylburne as are most proper for the Cognizance of this
House, and such as concern the Honour (fn.
†) of this House,
and the Members thereof: And Report with all convenient Speed to be made to this (fn. †) House; and Mr. Hayles
to attend the Judges with Precedents.
Message from the H. C. for a Conference about sending the Propositions to the King;
A Message was brought from the House of Commons,
by Sir Rob't Harley Knight, &c.
1. To desire a Conference, so soon as it may stand
with their Lordships Conveniency, touching a Paper
sent down Yesterday concerning the Propositions for
Peace, and concerning some Instructions to be given
to those Members of the Houses that are to go with
the Propositions to the King.
and with Ordinances;
2. To desire Concurrence in an Ordinance for One
Thousand Pounds for Portsmouth. (Here enter it.)
3. To desire Concurrence in an Order for Three
Thousand Pounds, for the Forces before Worcester.
(Here enter it.)
The Answer returned was:
That this House will give a Conference To-morrow
Morning, at Ten of the Clock, in the Painted Chamber,
concerning the Two Particulars desired; and that this
House agrees to the Two Orders now brought up.
Order for 1000£. for Portsmouth Garrison.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That the Sum of One
Thousand Pounds, together with Interest each Six
Months, after the Rate of Eight Pounds per Centum
per Annum, until the same become due, be paid in
Course, out of the Receipts of the Grand Excise, for
the Use of the Garrison of Portcsmouth, unto Richard
Norton Esquire, or his Assignee or Assigns, whose
Receipt or Receipts shall be the Commissioners of
Excise their sufficient Warrant and Discharge for the
Payment of the said One Thousand Pounds, and Interest, and every Part and Parcel thereof, accordingly."
Order for 3000£. for the Forces before Worcester.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Sum of Three Thousand
Pounds be allowed to the Committee of Worccstersh'r,
for the better carrying on of the Siege before Worcester, whereof One Thousand Pounds already charged
upon the Receipts of the Excise, in Lieu of One
Thousand Pounds borrowed of the Wood-money,
upon an extraordinary Occasion of the Advance
of the Army for Readinge, and charged to be reimbursed upon the Receipts of the Excise, and, in
Default thereof, out of the Remainder of the Woodmonies; the other Two Thousand Pounds out of such
Papists Estates of Worcestersheir as have been in Arms
against the Parliament, or adhered to the Enemies
Form of a Pardon to be granted to Delinquents, upon their Compositions for their Delinquency.
Rex omnibus ad quos &c. Salutem: Sciatis, quod
Nos, de Gratiâ Nostrâ speciali, ac ex certâ Scientiâ &
mero Motu Nostris, nec non de Advisamento, Assensu,
& Consensu Procerum & Communium in Parliamento
Nostro Angliæ apud Westm. assemblato, pardonavimus,
remisimus, & relaxavimus, ac per præsentes, pro
Nobis, Hæredibus, & Successoribus Nostris, pardonavimus, remittimus, & relaxamus, A. B. de C. in
Com. seu quocunque alio Nomine vel Cognomine,
seu Additione Nominis vel Cognominis, Officii, seu
Loci, idem A. B censeatur, vocetur, seu nuncupetur,
aut nuper censebatur, vocabatur, seu nuncupabatur,
omnes & singulos Proditiones tam majores quam minores, ac Crimina læsæ Majestatis, nec non Rebelliones, Insurrectiones, Conspirationes, ac Misprisiones
omnium & singulorum eorundem Proditicnum & Criminum læsæ Majestatis, a vicesimo Die Maii, Anno
Domini Millesimo Sexcentesimo Quadragesimo secundo, & ante Datum præsentium, per ipsum A. B.
habit. commiss. sive perpetrat. pro Guerrâ levatâ
contra Nos, Parliamentum, & Regnum Nostrum Angliæ prædict. aut pro conciliando, auxiliando, five
assistendo, in eâdem Guerrâ; ac etiam omnia & omnimoda Homicid. Felon. Rober. & Accessar. eorundem in Guerrâ prædictâ (ut præfertur) habit. fact.
sive commiss. licet idem A. B. de præmissis, vel aliquo præmissorum, indictat. rectat. adjudicat. utlagat.
condemnat. convict. vel attinct. existit, vel non
existit; ac etiam omnia & singula Judicia, Utlagaria,
& Convictiones, pro eisdem præmissis, seu eorum
aliquo, habit. fact. sive promulgat. sive imposterum
promulgand. ac omnes Pœnas, Punitiones, ac Pænalitates Corporales, pro eisdem præmissis, aut eorum
aliquo, ante Datum præsentium adjudicat. sive incurs.
sive imposterum adjudicand. vel incurrend.; ita tamen
quod stet rectus in Curiâ si quis versus eum loqui voluerit. Cumque præfatus A. B. pro eo quod Guerram
levavit contra Nos, Parliamentum & Regnum Nostrum
Angliæ prædictum, per Proceres & Communes ejusdem Parliamenti ad Finem suum adjudicatus &
admissus fuit; sciatis ulteriùs, quod Nos, de consimili Gratiâ Nostrâ speciali, ac ex certâ Scientiâ &
mero Motu Nostris, necnon de Advisamento, Consensu, & Assensu prædictis, pro Nobis, Hæredibus &
Successoribus Nostris, damus & concedimus, nec non
pardonamus, remittimus, & relaxamus, præfato A.
B. Hæredibus, & Assignatis suis, omnia & singula hujusmodi Terr. Tenement. & Hæreditament.
Bona, & Catalla, debita Jura & Credita sua quæcunque ratione præmissorum quovismodo forisfact. sive
deperdit. (& non alia neque diversa), pro quibus
idem A. B. secundùm Particulare inde per ipsum
Commissionariis apud Goldsmiths Hall, London, pro
Levatione Monetæ sedent. exhibit. Finem prædictum
fecit & solutus fuit, secundùm Ordinationem per
prædict. proceres & Communes in hoc præsente Parliamento antehÀc fact. & ordinat. necnon omnia &
singula Redditus, Reventiones, Exitus, & Media Proficua eorundem præmissorum, & eorum cujuslibet, a
Die, Anno Domini,
debit. et incurs. sive solubil.; ac eundem A. B.
Hæredes & Assignatos suos, ad Stat. & Interesse
sua in eisdem præmissis, & eorum quolibet, plenariè,
pro Nobis, Hæredibus & Successoribus Nostris; À
Die & Anno prædictis, restituimus & restauramus per
præsentes; except. tamen semper, & extra hanc præsentem Concessionem & Pardonationem Nostram,
omnimodo reservat. omni Jure Stat. & Interesse
ejusdem A. B. in vel ad aliquam Advocationem,
Donationem, Præsentationem, aut Jus Patronat. ad
aliquam Ecclesiam, Capellam, seu Benesicium Ecclesiastic. de quo vel quibus idem A. B. aut aliquis alius
sive aliqui ad ejus Usum, vel in Confidentiâ pro eo,
modù vel nuper seisitus vel possessionatus, seisiti vel
possessionati, existit vel existunt; habendum & tenendum prædicta omnia & singula præmissa, cum suis
Pertinen. (except. præexcept.) eidem A. B. secundùm Stat. & Interesse sua in præmissis ante Guerram
prædictam levat. Et ulteriùs, de uberiori Gratiâ
Nostrâ, firmiter præcipimus omnibus & singulis Judicibus, Justiciariis, Officiariis, & aliis Ministris Nostris
quibuscunque, quod hæc præsens Pardonatio Nostra
construatur & adjudicetur, in omnibus Curiis Nostris
& alibi, valid. & effectual. in Lege, pro Exoneratione præfati A. B. Terrarum, Tenementorum, &
Hæreditamentorum, Bonorum, & Catallorum suorum
prædictorum, secundùm veram Intentionem præsentium; aliquo Statuto, Actu, Ordinatione hurus Parliamenti Nostri prædict. Provisione, sive Restrictione, in
contrarium inde antehÀc habit. fact. edit. ordinat. sive
provis. in aliquo non obstante: Proviso tamen semper,
quod hæc Concessio & Pardonatio Nostra non extendat. ad acquietand. vel exonerand. prærat. A. B.
ad ulteriorem Compositionem faciend. prc aliquibus
aliis Terris, Tenementis, Hæreditamentis, Bonis, vel
Catallis suis, in Particular. prædict. eisdem Commissionar. (ut præfertur) exhibit. & deliberat. non
expressis & specificat. aut ad exonerand. præfat. A. B.
Hæredes vel Assignatos suos, si prædict. Terr. Tenement. & cætera præmissa in eodem Particulari mentionat
de major. Annuis Valoribus per Spatium Trium Annorum ante Annum Domini Millesimum Sexcentesimum
Quadragesimnm fuerunt; quam in prædicto Particulari mentionato existit, de & ab hujusmodi ulterior.
Fin. faciend. & solvend. pro eisdem qual. per prædictos
Proceres & Communes Parliamenti prædicti in eâ parte
appunctuat. fuerit: Proviso etiam, Quod hæc Concessio & Pardonatio Nostra non extendat & ad habiliend. præfat. A. B. ad aliquód Officium, Functionem, five Locum Publicæ Fiduciæ in Ecclesiâ five
Republicâ habend. utend. vel exercend. quibus idem
A. B. per aliquam Ordinationem Parliamenti habere,
uti, vel exercere, incapax sit vel fuerit declaratus, nisi
in hujusmodi Modo & Formâ prout per eundem Ordinationem provisum sit vel fuerit; aliquo in his
Præsentibus content. in contrar. inde non obstant.
"In cujus Rei &c. Teste &c."
Order to settle the Right of Presentation to the Parson age of Birmingham in L. Say, as Committee of Marrow; and to revoke Hodges's Order for Institution.
Whereas the Right of Presentation to the Parsonage of Bermingham, in the County of Warwick,
is of Right in the Lord Viscount Say & Seale, as
Committee of Edward Marrow Esquire, His Majesty's
Ward, who is Patron thereof, and yet in his Minority, the said Church being void by reason of the
Death of Luke Smith deceased, the last Incumbent
there, who died about Eight or Nine Months since,
and, by reason of the Garrisons of the Enemies at
Dudly Castle and at Lytchfeild, being both near the
said Town of Bermingham, no godly honest Minister
durst come thither to preach, to be approved of by
the Parishioners, or to exercise his Ministry amongst
them; whereupon one Ralph Hodges, late Curate
there, against whom the Parishioners are ready to
article for divers Misdemeanors which render him
unfit for the Ministry, hath, by indirect Means, procured a colourable Presentation from the Widow of
the said Luke Smith, who hath no Manner of Right
thereto, or, if she had any, did not present the said
Raph Hodges within Six Months after the last Incumbent's Death, and so was a void Presentation; and
the said Mr. Hodges, concealing the said undue and
illegal Presentation, and pretending he had a good
and rightful Presentation to the said Church, surreptitiously procured an Order from this House, to
authorize Doctor Aylett, or his lawful Deputy, to
give Institution and Induction to the said Mr. Hodges;
all which is offered to be made plainly to appear to this
House; and the Petitioners having now offered, together with their Petition one Mr. Samuell Wills, an
orthodox, godly, and learned Divine, to the said
It is therefore now Ordered, by the Lords
assembled in Parliament, That the Authority given
to Doctor Aylett, or his Deputy, bearing Date
the 15th Day of June last, be utterly revoked and
made void: And the Lord Viscount Say is left at his
Liberty to present to the said Parsonage the said
Wills, or whom else be shall please."
Ordinance to clear Churchill, More, and Webber, of their Delinquency.
Whereas George Churchill of Rockbeare in the
County of Devon Yeoman, Giles Moore of Broadclift in the said County Yeoman, and Abraham Webber of Plumbtred in the said County Yeoman, have
by both Houses of Parliament been admitted to
their Fines; of (videlicet,) the said George Churchill to his Fine of Ninety-nine Pounds; the said
Giles Moore to his Fine of Ninety-eight Pounds;
and the said Abraham Webber to his Fine of Ninetyeight Pounds; the said Giles Moore having been in
Arms against the Parliament; and the said George
Churchill and Abraham Webber having adhered unto
the Forces raised against the Parliament: The Lords
and Commons assembled in Parliament do hereby
authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said George Churchill,
Giles Moore, and Abraham Webber, for their said
Offences, in such Form as shall be agreed by both
Houses for like Offenders, together with a Grant
and Restitution, to them, their Heirs, and Assigns,
of all their Lands, Goods, and Chattels, and other
Estates for which their said Fines were accepted,
according to the Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and
of all Mean Profits thereof; for the said George
Churchill, from the 13th Day of March, 1645; for
the said Giles More, from the said 13th Day of
March, 1645; and for the said Abraham Webber,
from the said 13th Day of March, 1645; with an
Exception of the Rights or Estates of the said George
Churchill, Giles Moore, and Abraham Webber, in or
to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said
Pardons, so prepared, the Commissioners for the
Great Seal of England for the Time being are
hereby authorized to pass the same, under the said
Great Seal, accordingly: Provided always, That this
Ordinance, or the said Pardons thereon to be passed,
shall not extend to free the said George Churchill,
Giles More, and Abraham Webber, from any further
Compositions, for any other Lands, Goods, or
Chattels, than what are contained in the Particulars aforesaid; and that in case the said Lands
mentioned in the said Particulars were of greater
Yearly Values than are therein expressed during
Three Years before the Year of our Lord 1640,
then the said George Churchill, Giles More, and Abraham Webber, shall pay such further Fines, by Way
of Composition, as both Houses of Parliament shall