House of Lords Journal Volume 8
9 October 1646

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1767-1830

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'House of Lords Journal Volume 8: 9 October 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 514-517. URL: http://www.british-history.ac.uk/report.aspx?compid=34114 Date accessed: 20 November 2014.


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DIE Veneris, 9 die Octobris.

PRAYERS, by Mr. Bridge.

Comes Manchester, Speaker.

Comes Warwicke.
Comes Kent.
Comes Nottingham.
Comes Stamford.
Comes Midd.
Comes Suffolke.
Comes Lyncolne.
Ds. Howard.
Ds. Grey.
Ds. Wharton.
Ds. Dacres.
Ds. Willoughby.

Preachers at the Fast.

Ordered, That Mr. Marshall and Mr. Arrowsmith are appointed to preach before the Lords, at the Abbey Church, the next General Fast.

Capt. Penn to command The Assurance;

The Earl of Warwicke reported from the Committee of the Admiralty and Cinque Ports these Particulars following:

"1. That Captain Wm. Penn be recommended to both Houses, for Command of the Lesser Frigate lately built at Deptford, called The Assurance; he having served the Parliament formerly in several Expeditions at Sea with Courage and Fidelity."

Agreed to.

Symonds to be Porter of Woolwich Yard;

"2. That the Place of Porter of the Yard at Woolwich, being now void by the Death of him that last executed the same, may be bestowed upon George Symonds, upon the Recommendations of Sir Henry Vane Treasurer of the Navy."

Agreed to.

Hubert to be Master Attendant at Portsmouth;

"3. That Henry Hubert may execute the Place of Master Attendant at Portsmouth, now void by the Death of Mr. John Goodwin."

Agreed to.

Kentish Frigate, taken at Sea, to be restored to Shakerley.

"4. That the Ship now called The Kentish Frigatt, being heretofore taken at Sea, in her Way from Falmouth, by Captain Mildmay, then Commander of The Maria Pinnance, and after condemned in the Admiralty Court as Prize to the State, may be restored to Richard Shakerly, of Topsham, the Master and sole Owner thereof, in regard of (fn. *) his good Affection to the Parliament."

Agreed to.

These Particulars to be sent to the House of Commons, for their Concurrence.

H. C. to be re-minded of L. Petre's Petition, who has submitted to the House.

The Speaker acquainted the House, "That the Lord Peters, being lately come from beyond the Seas, addressed himself to his Lordship, with a Desire this House might be made acquainted therewith; and submitted himself to this House, and desired his former Petition might be taken into Consideration concerning his Estate."

Hereupon it is Ordered, To put the House of Commons in Mind of it.

Barnsley and Mills.

Ordered, That the Cause between John Barnesly and Ric'd Milles shall be heard; the 6th of November following, at this Bar, by Counsel on both Sides; and all Parties to have Notice.

Major Fortescue's Widow's Petition, for a Maintenance.

Upon reading the Petition of Eliz. Fortescue, the Widow of Major Chichester Fortescue; shewing, "Her Husband raised, at his own Charge, a Company of One Hundred Men, for the Service; and there is Arrears due unto him for his Service: Therefore desires some Maintenance for herself and Children."

It is Ordered, To be recommended to the House of Commons.

Ordinance to abolish Bishops, &c.

Next, the House took into Consideration the Ordinance for abolishing of Archbishops and Bishops.

And the Question being put, "Whether to agree to the said Ordinance as it was brought up from the House of Commons?"

And it was Agreed to in the Affirmative.

(Here enter it.)

Ordered, That this Ordinance be printed and published.

Griffith and Vaughan.

Ordered, That the Gentleman Usher shall not proceed further against Isaacke Griffith until Vaughan be heard.

Broughton's Petition.

Ordered, That the Petition of Mr. Braughton may be taken into Consideration.

Message to the H. C. about the following Particulars.

A Message was sent to the House of Commons, by Baron Atkins and Serjeant Fynch:

To let them know,

1. That this House hath passed the Ordinance for abolishing of Archbishops and Bishops.

2. To put them in Mind of the Ordinance concerning the Commissioners for the Great Seal of England, which hath lain long with them; and the Ordinance for taking away of Country Committees.

3. To desire their Concurrence in the Ordinance for making Mr. Willis Vicar of Twickenham.

Message to them, with the Papers from the Committee of the Admiralty; and with Petitions.

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

1. To desire their Concurrence in the Four Papers reported this Day from the Committee for the Admiralty.

2. To put them in Mind of the Petitions of Doctor Temple and the Bishop of Worcester.

3. To recommend to them the Petition of Eliz. Fortescue.

Neale to be instituted to Clareborough.

Ordered, That Doctor Aylett do give Institution and Induction to Thomas Neale Clerk, Master of Arts, to the Vicarage of Clareborough, in the County of Nottingham, and in the Province of Yorke, void by the Cession or Resignation of Robert Hurst Clerk, the late Incumbent; the said Neale producing his Presentation thereunto by the Hand and Seal of the Earl of Devon.

Committee concerning the Disposal of Monies at Goldsmiths Hall.

Ordered, That the Committee formerly appointed do meet at Two of the Clock this Afternoon, to consider of the compounding, receiving, and issuing out of Monies at Gouldsmithes Hall; and report the same to this House.

Ordinance concerning the Commissioners in Ulster.

Next, the Vote concerning the Continuance of the Commissioners in Ulster, was read, and Agreed to with an Addition.

Ordered, That this House agrees with the House of Commons, that Sir John Clattworthy be One of the Commissioners for Ulster.

L. Mayor to be presented.

Ordered, That the Lord Mayor Elect of London be presented to this House on Wednesday next, to be approved of.

Message to the H. C. that the Lords agree to the Ordinance concerning the Commissioners for Ulster.

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

1. To let them know, that this House agrees to the Ordinance concerning the Commissioners of Ulster, with the Addition, wherein their Concurrence is to be desired.

2. To let them know, that this House agrees with them, that Sir John Clattworthy be added to be One of the Commissioners for Ulster.

An Ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for settling of their Lands and Possessions upon Trustees, for the Use of the Commonwealth.

Ordinance for abolishing Bishops, &c.

For the abolishing of Archbishops and Bishops, and providing for the Payment of the just and necessary Debts of the Kingdom, into which the same hath been drawn by a War mainly promoted by and in Favour of the said Archbishops and Bishops, and other their Adherents and Dependents: Be it Ordained, and it is Ordained, by the Lords and Commons in Parliament assembled, and by the Authority of the same, That the Name, Title, Style, and Dignity, of Archbishop of Canterbury, Archbishop of Yorke, Bishop of Winchester, Bishop of Duresme, and of all other Bishops of any Bishopric within the Kingdom of England and Dominion of Wales, be, from and after the Fifth Day of September, in the Year of our Lord God 1646, wholly abolished and taken away, and are hereby abolished and taken away; and all and every Person and Persons are and be thenceforth disabled to hold the Place, Function, or Style, of Archbishop or Bishop, of any Church, See, or Diocese, now established or erected, or hereafter to be established or erected, within the Kingdom of England, Dominion of Wales, or Town of Berwick, or to use or put in Ure any Archiepiscopal or Episcopal Jurisdiction or Authority, by Force of any Letters Patents from the Crown made, or to be made, or by any other Authority whatsoever; any Law, Statute, Usage, or Custom, to the contrary notwithstanding.

"And be it further Ordained, and it is hereby Ordained, That all Counties Palatine, Honours, Manors, Lordships, Scites, Circuits, Precincts, Castles, Granges, Messuages, Mills, Lands, Tenements, Meadows, Pastures, Parsonage Appropriate, Tithes, Oblations, Obventions, Pensions, Portions of Tithes, Parsonages, Vicarages, Churches, Chapels, Advowsons, Donatives, Nominations, Rights of Patronage and Presentation, Parks, Woods, Rents, Reversions, Services, Annuities, Franchises, Liberties, Privileges, Immunities, Rights of Action and of Entry, Interests, Titles of Entry, Conditions, Commons, Courts Leet and Courts Baron, and all other Possessions and Hereditaments whatsoever, with all and every of their Appurtenances, of what Nature or Quality soever they be, which now are, or at any Time within Ten Years before the Beginning of this present Parliament were, belonging to the said Archbishops or Bishops, Archbishoprics or Bishoprics, or any of them, which they, or any of them, had, held, and enjoyed, in the Right of their Archbishoprics or Bishoprics, Dignities, Offices, or Places respectively, together with all Charters, Deeds, Books, Accompts, Rolls, and other Writings and Evidences whatsoever, concerning the Premises, or any of them, which do belong to any the said Archbishops or Bishops, Archbishoprics, and Bishoprics, are vested and settled, adjudged and deemed to be, and are hereby, in the real and actual Possession and Seizin of Thomas Adams Alderman now Lord Mayor of the City of London, Sir John Wollaston Knight, Sir George Clarke Knight, John Langham Alderman, John Fowke Alderman, James Bunce Alderman, William Gibbs Alderman, Samuell Avery Alderman, Thomas Noell, Christopher Packe, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glide, William Hobson, Francis Ash, John Babington, Lawrence Bromfeild, Alexand'r Jones, John Jones, Richard Venner, Stephen Estwicke, Robert Mead, and James Storey, their Heirs and Assigns; and that they, the said Thomas Adams now Lord Mayor of the City of London, Sir John Wollaston Knight, Sir George Clarke Knight, John Langham Alderman, John Fowke Alderman, James Bunce Alderman, William Gibbs Alderman, Samuell Avery Alderman, Thomas Noell, Christopher Packe, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glyde, William Hobson, Francis Ash, John Babington, Lawrence Bromfeild, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert Mead, and James Storey, and the Survivor and Survivors of them, and their Heirs and Assigns, shall hold all such the Premises as are now held of the King, of the King His Heirs and Successors, as of His Manor of East Greenwich, in Free and Common Soccage, by Fealty, and the Annual Rents therefor respectively due and payable within Ten Years last past before the Beginning of this present Parliament, and not in Capite, nor by other Tenures or Services; and shall hold all and every the Premises which the said Archbishops and Bishops held of any other than of the King by the Rents and other Services therefor due, and of Right accustomed; and the said Trustees, their Heirs, Assigns, Farmers, and Tenants, shall also have, hold, and enjoy, the Premises, and every of them, freed, acquitted, and discharged, of and from the Payment of Tithes, as fully as the said Archbishops and Bishops did hold and enjoy the same at any Time during the Space of Ten Years aforementioned, or any Time since: And it is further, by the same Authority, Ordained, That the said Trustees shall have Power, and are authorized, to make, nominate, and appoint, from Time to Time, fit and able Persons, such as they shall think fit, to survey the Premises in any County or Counties of England and Wales, and to hold Court of Surveys, and to demand, receive, and in safe Custody to put, all the said Charters, Deeds, Books, Accompts, Rolls, Writings, and Evidences, that they may be put in such Place in the City of London as the said Persons beforenamed, or the major Part of them, shall order and appoint.

"And the said Trustees, or any Three or more of them as aforesaid, are hereby authorized and required to administer an Oath unto all and every the Surveyors who shall take the same, before he shall execute the said Place, in these Words; videlicet,

1 A. B. do swear, That I will faithfully and truly, according to my best Skill and Knowledge, execute the Place of a Surveyor, according to the Purport of an Ordinance, intituled, "An Ordinance of Parliament, for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for settling their Lands and Possessions upon Trustees, for the Use of the Commonwealth. I shall use my best Endeavour and Skill to discover the Estate therein mentioned, and every Part thereof, which shall be given me in Charge, and to find out the true Values and Improvements thereof; and thereof shall make true Particulars, according to my best Skill and Cunning; and the same, from Time to Time, deliver in Writing, close sealed up, unto the said Trustees, or any Two of them, according to the true Intent and Meaning of the said Ordinance. And this I shall justly and faithfully execute, without any Gift or Reward, directly or indirectly, from any Person or Persons whatsoever."

"Nevertheless it is Declared and Ordained, That the said Persons beforenamed, their Heirs and Assigns, shall have and hold the Premises, and every of them, subject to such Trusts and Confidence as both Houses of Parliament shall appoint and declare; and dispose of the same, and the Rents and Profits thereof, as the said Houses shall order and appoint; wherein the Lords and Commons do Declare, That due Respects shall be had towards such Persons and their Assigns as are interessed in the Premises by virtue of any Demise heretofore made: Provided, That the said Trustees, their Heirs or Assigns, shall not avoid any Leases made for any Term or Estate not exceeding Three Lives, or One and Twenty Years, in Possession, or in such Manner as that together with the Lease in being shall not exceed Three Lives, or One and Twenty Years, so as the old and accustomed Rent and Rents, or so much Rent and Rents as the ancient and accustomed Rent amounteth unto, be reserved payable during the said voidable Term and Terms or Estates, and so as the said Leases have not been procured or purchased of any Bishops since the First Day of December, Anno Domini 1641.

"And be it further Ordained, by the Authority aforesaid, That, if any Archbishop or Bishop have, at any Time since the First Day of December, Anno Domini 1641, made any Grant or Lease, to any Person or Persons, Body Politic or Corporate, of any the Honours, Manors, Lordships, Messuages, Lands, Tenements, and Hereditaments, or any other the Premises aforesaid, or any of them, in Right of their Archbishoprics or Bishoprics, the same Grant or Lease shall be utterly void, and of none Effect; and the Person or Persons, Body Politic or Corporate, unto whom the same was made, shall have no Benefit thereby: Provided, and be it Ordained, and it is hereby Ordained, That, if any Person or Persons, Body Politic or Corporate, at any Time or Times, since the First Day of December, in the Year of our Lord God 1641, who had any Grant or Lease for One or more Life or Lives, or any Number of Years, of the Premises, or any Part thereof, as is aforesaid, and surrendered the same to the End that he or they might have a new Grant or Lease granted or made unto him or them, which by this present Ordinance is made void, and the same was accordingly granted or made unto him or them: That the said Person or Persons, Body Politic or Corporate, who hath so surrendered any such former Grant or Lease, his and their Heirs, Successors, Executors, Administrators, and Assigns, shall have, hold, possess, and enjoy, such Time and Term as he or they had in any Part of the said Premises by virtue of any such former Grant or Lease, in such Sort and Manner as he or they should have had, held, and enjoyed the same, if no such Surrender had been made; subject nevertheless to such Payments of Rent, and other Services, and such Covenants, Conditions, and Agreements, as in the said former Grants or Leases were expressed and contained: Saving unto all and every Person and Persons, their Heirs, Executors, and Administrators, Bodies Politic and Corporate, and their Successors, other than the King, His Heirs and Successors, all Archbishops and Bishops, and other than the Founders and Donors as Founders and Donors of and to the said Archbishoprics and Bishoprics, and their Heirs, all such Right, Title, Interest, Possession, Rights in Law or Equity, Entries, Annuities, Commodities, Fees, and other Profits, which they, or any of them, before the said First Day of December, 1641, ought lawfully to have had, in or to the Premises, or any Part or Parcel thereof, as if this Ordinance had never been had or made: Also saving to all such Person or Persons as have adhered to the Parliament all such Estate as he or they, since the First Day of May, Anno Domini 1641, have forfeited, or made forfeitable, for Non-payment of Rent, or Not-performing of Services, to any Bishop or Bishops, except it be in the Case of a Lease made utterly void by this Ordinance by reason the same hath been procured or purchased of any Bishop since the aforesaid First Day of December, Anno Domini 1641: And likewise saving to Phillip Earl of Pembrooke and Mountgomery and his Heirs all such Right as he and they have to the Messuage called Duresme House, and certain Stables, late of the Possessions of Thomas Bishop of Duresme, situate in the Parish of St. Martin's in the Feilds, in the County of Midd. lately granted by Act of this present Parliament; this present Ordinance, or any Thing therein contained, in any Wise notwithstanding.

"Provided also, and it is hereby further Ordained, by the Authority aforesaid, That all and singular Revenues, Rents, Issues, Fees, Profits, Sums of Money, and Allowances whatsoever, as have heretofore been, and now ought to be paid, disposed, and allowed, unto and for the Maintenance of any Grammar School or Scholars, or for or towards the Reparation of any Church, Chapel, Highway, Causeway, Bridges, School-house, Alms-house, or any other charitable or pious Use, or for maintaining of any Lecture or Preachers, payable out of any the Premises, or which are chargeable, or ought to issue out of, or to be paid for or in respect of, the said Premises, or any of them, shall be and continue to be paid and allowed, as they were and have been heretofore; any Thing in this present Ordinance to the contrary in any Wife notwithstanding.

"And it is further Ordained, That the Sheriff of every County and Place who is to attend the respective Courts where any Felony is to be tried and determined shall provide and present to the Judge or Judges of such Courts some able and fit Person, to do such Things as by the Office of the Ordinary have been used to be done; which Person and Persons shall have Authority, and are hereby enjoined, to perform that Service, in such Manner as the respective Ordinaries heretofore have used to do.

"Provided also, That all Commissions upon the Statute of Charitable Uses shall be valid, though the Bishop be therein omitted; and the other Commissioners shall proceed therein as fully as they might have heretofore done when the Bishop was therein named; and that all Issues triable by the Ordinary or Bishop shall be tried by Jury, in usual Course."

Ordinance for Mr. Willis to be Vicar of Twickenham.

"The Lords and Commons in Parliament assembled, taking Notice that Doctor Thomas Soames, heretofore Vicar of the Parochial Church of Twickenham, in the County of Middlesex, hath for divers Years deserted his Cure, and contributed much to the somenting of this unnatural War against the Parliament; and that the Right of Patronage did belong unto the Dean and Chapter of Windsor, but now in the Disposition of both Houses of Parliament: To the End the said Doctor Thomas Soames may be fully removed, and that the said Church and Parish may be fully supplied with a learned, godly, and orthodox Divine, do Order and Ordain, and be it Ordained, That the said Doctor Thomas Soames be actually deprived of the said Vicarage of Twickenham; and that the said Vicarage be void, as if the said Doctor Tho. Soames were actually dead.

"And be it Ordained, and the said Lords and Commons do hereby Order, Ordain, and Appoint, Mr. Thomas Willis, an able and orthodox Divine, to be Vicar of the said Church and Parish of Twickenham, with the Members and Appurtenances; and that he shall and may have, possess, and enjoy the same, with all the Rights, Members, Duties, Stipends, Glebes, Tithes, Profits, Commodities, and all the Appurtenances thereof, with the Vicarage-house, from the 29th of September, 1646, last past, in as large and ample Manner as the said Doctor Tho. Soames, or any other Vicar thereof, lawfully or of Right had, or ought to have had, the same.

"Provided, That the said Thomas Willis shall pay all such Tenths, First Fruits, and other Duties, as ought to be paid, for or in regard of his Incumbency there.

"Saving to all Bodies Politic and Corporate, and all other Person and Persons, all such Right and Title as they, or any of them, have unto the Patronage of the said Church of Twickenham, other than the abovenamed Dean and Chapter of Windsor, and such Person or Persons as shall claim by virtue of their Title, or such Persons as are sequestrable by the Ordinance of Parliament for the sequestering of Papists and Delinquents Estates."

Adjourn.

House adjourned till Tuesday next, 10 a Clock.

Footnotes

* Origin. the.