House of Lords Journal Volume 8
7 July 1646

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1767-1830

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'House of Lords Journal Volume 8: 7 July 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 419-421. URL: http://www.british-history.ac.uk/report.aspx?compid=34072 Date accessed: 22 October 2014.


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DIE Martis, 7 die Julii.

PRAYERS, by Mr. Ash.

Comes Manchester, Speaker.

Comes Essex.
Comes Rutland.
Comes Suffolke.
L. Viscount Say & Seale.
Comes Stamford.
Comes Pembrooke.
Comes Northumb.
Comes Denbigh.
Comes Kente.
Ds. Howard.
Ds. Maynard.
Ds. North.
Ds. Bruce.
Ds. Mountague.
Ds. Hunsden.
Ds. Willoughby.
Ds. Wharton.

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 their own.

Sir Edward Leech and Mr. Page return this Answer from the House of Commons:

That they will send an Answer by Messengers of their own.

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 of War.

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 Commons.

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 Army.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.

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.)

Agreed to.

3. To desire Concurrence in an Order for Three Thousand Pounds, for the Forces before Worcester.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

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 thereof."

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 Viscount:

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 appoint."

Footnotes

* Bis in Originali.
* Origin. were.
Deest in Originali.