House of Lords Journal Volume 8
13 January 1647

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1767-1830

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'House of Lords Journal Volume 8: 13 January 1647', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 670-673. URL: http://www.british-history.ac.uk/report.aspx?compid=34188 Date accessed: 30 July 2014.


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DIE Mercurii, 13 die Januarii.

PRAYERS, by Mr. Strickland.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Northumb.
Comes Kent.
Comes Mulgrave.
Comes Suffolke.
Comes Warwicke.
Comes Denbigh.
Comes Lyncolne.
Comes Sarum.
Ds. Howard.
Ds. Hunsdon.
Ds. Grey.
Ds. North.
Ds. Wharton.
Ds. Dacres.

L. Stanhope, and the E. of Warwick, &c. about the Post-office.

The Petition of the Lord Stanhope was read, concerning the Patent of Letter-office.

It is Ordered, That he be left to his Course of Law or Equity, as he shall be advised by his Counsel, according to the former Order of this House.

Paper about the Summer Fleet, from the Admiralty Committee.

The Earl of Warwicke reported a Paper from the Committee for the Admiralty and Cincue Ports, concerning the next Summer's Fleet: (Here enter it.) Which was read, and approved of, and Ordered to be sent to the House of Commons for their Concurrence, that the Navy may be made ready with all Speed.

Sir G. Askew to be Governor of Scilly, and the Garrison to be supplied.

Another Paper was read, from the Committee for the Admiralty, concerning Sir George Askew.

It is Ordered, That the Concurrence of the House of Commons be desired, that Sir George Askew may be Governor of the Isle of Scilly, until both Houses take Order otherwise; and that some Provisions may be speedily sent for the Supply of that Garrison.

Sir J. Bridges's Ordinance.

An Ordinance was brought in, concerning Sir John Bridges, for taking off his Sequestration; which was read, and Agreed to, and Ordered to be sent to the House of Commons for their Concurrence.

Colonel Kerne's.

A Petition of Colonel Kerne was read, and also an Order for taking off his Sequestration, in regard of his good Services to the Parliament; and Agreed to, with an Addition.

E. of Manchester continued Speaker.

Ordered, That the Earl of Manchester shall be continued Speaker of this House for Six Months longer, from the First of February next.

E. of Bridgewater and Sir D Watkins.

Ordered, That the Earl of Bridgwater be desired to give an Answer to Sir David Watkins' Petition.

Sir P Killegrew's Account of Monies laid out.

A Letter from Sir Peter Killegrew was read; informing this House, by several Papers, the Monies which he hath laid out for the Service of the State.

And it is Ordered, To be sent to the House of Commons, with Recommendations.

Message from the H. C. with Ordinances, and a Paper from the Scots Commissioners.

A Message was brought from the House of Commons, by Mr. Nicolls, &c.; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. An Ordinance for indemnifying Mr. Godolphin, for his surrendering up of the Isle of Scilly. (Here enter it.)

Read, and Agreed to.

2. An Ordinance for Payment of Fifty Thousand Pounds, to be paid to particular Persons, being the First Payment of the last Two Hundred Thousand Pounds to be paid to the Scotts. (Here enter it.)

Read, and Agreed to.

A Paper from the Scotts Commissioners, concerning the aforesaid Fifty Thousand Pounds. (Here enter it.)

The Answer returned was:

Answer

That this House agrees in the Ordinance concerning Mr. Godolphin, and the Ordinance concerning the Fifty Thousand Pounds.

Message to the H. C. with the Papers from the Admiralty Committee; and about other Particulars.

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

1. To deliver to them the Paper concerning the next Summer's Fleet, and the Report concerning Sir George Askew, with the Sense of this House upon them.

2. To put them in Mind of the Ordinance concerning Gouldsmithes Hall, and the Ordinance for putting down of Committees.

3. To deliver to them the Letter and Papers inclosed of Sir Peter Killigrew, with Recommendations.

Countess of Exeter to have a Reparation for her Losses.

Upon reading the Petition of the Countess of Exeter: It is Ordered, To be recommended to the House of Commons, that she may have some Reparation for her Losses for her adhering to the Parliament.

Alderman Fowkes and the E. I. Co.

Upon reading the Petition of Alderman Foukes: It is Ordered, That the India Company shall bring those Books To-morrow to this House as is desired in the Petition, to be made Use of at the Hearing of the Cause To-morrow Morning.

Langham and Lymbrey.

Ordered, That Alderman Langham's Cause, against Captain Lymbery, shall be put off till Tuesday Morning next.

Instructions for the L. Lieut. of Ireland.

Ordered, That the Instructions concerning the Lord Lieutenant of Ireland shall be taken into Consideration on Friday Morning next, the First Business.

Ordinance to disable sequestered Ministers.

An Ordinance was brought in, to disable such Ministers to have any Living, or Lecture, as have adhered to the Enemy against the Parliament, &c. which was read Twice, and committed to these Lords following:

Comes Northumb.
Comes Lyncolne.
Comes Sarum.
Comes Kent.
Comes Warwicke.
Comes Suffolke.
Comes Mulgrave.
Comes Manchester.
Ds. Willoughby.
Ds. Wharton.
Ds. Maynard.
Ds. Grey.
Ds. Hunsdon.
Ds. North.

Any Five, to meet on Friday Morning next, at Nine of the Clock; and aftewards to adjourn from Time to Time as they please.

Mr. Justice Pheasant,
Mr. Justice Rolls, and
Mr. Baron Atkins,
to attend.

Sir H. Mildmay and Sir T. Cheek.

Ordered, That Sir Henry Mildmay's Cause shall be heard on Monday next; the Parties to have Notice.

D. of Bucks took the Covenant.

The Lord Hunsdon reported, "That the Duke of Buckingham hath taken and subscribed the Covenant."

Papers concerning Ireland.

The Lord Wharton delivered in divers Papers from the Committee of both Kingdoms, concerning Ireland, which are to be read To-morrow.

Herbert to be instituted to Weltham.

Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Wm. Herbert Clerk, Master of Arts, to the Rectory of Weltham, in the County of Suff. void by the Death of Mr. Jo. Sellers Clerk, the late Incumbent, Salvo Jure cujuscunque; the said Mr. Herbert taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of the Earl of Manchester, the lawful Patron pleno Jure.

Ordinance to clear Godolphin of his Delinquency, on the Surrender of the Isle of Scilly.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That Francis Godolphin, of Godolphin, in the County of Cornwall, Esquire, suing forth his Pardon under the Great Seal of England, and taking the Negative Oath and the Covenant, shall, from and after the Surrender of the Castle of St. Marye's in Silly, together with the Forts, Fortresses, Sconces, and other Fortifications, as well in Treshawe as in the Island of Silly, belonging to the Garrison there, with their Ordnance, Ammunition, and Furniture of War, be understood to have compounded for his Delinquency against the Parliament, and shall stand and be absolutely and freely pardoned, released, and discharged of and from the same, and of and from the Payment of the Fifth and Twentieth Part of his Estate, and restored unto his Estate, as well Real as Personal; and shall and may, from and after the 29th Day of September, 1646, receive the Rents and Profits of all his sequestered Estate, or liable to Sequestration by Ordinance of Parliament, with all Arrears resting and remaining in the Tenants Hands, and then not converted to the Use of the Parliament; and that the said Francis Godolphin, or any other by or under him employed, shall not at any Time hereafter be questioned by the Parliament, or sued, molested, or troubled, by any particular Person or Persons, for any Act or Acts done in any of the Islands of Silly, or elsewhere, since the Beginning of this War, relating to this War, done by, or upon, or in Pursuance of, any Warrant or Commission from the King's Majesty, or from Prince Charles Duke of Cornwall, mediately or immediately directing the same, in or by seizing or converting of any Ships or Goods at Sea, in Harbour or elsewhere, felling, coaling, or carrying, of any Timber, Wood, or Coal, to the said Islands or elsewhere, for levying, raising, or collecting, of any Sum or Sums of Money, within the County of Cornwall or elsewhere, towards the Relief, Supportation, or Maintenance, of any Forces or Garrison in the said Island or Castle of Silly; but therein, and of and from the same, shall be (fn. *) protected and saved harmless, by the Authority of both Houses of Parliament; and that His Majesty's Solicitor General be hereby required and authorized to prepare a Pardon unto the said Francis Godolphin, according to the Pardon agreed and passed both Houses, and the Tenor or Effect of this present Ordinance; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are to pass under the said Great Seal accordingly, for which this Ordinance, or the Duplicate thereof, shall be a sufficient Warrant."

Ordinance concerning the Payment of 50,000l. of the last 200,000l. to be paid to the Scots.

"Whereas, at the Desire of the Commissioners of the Parliament of Scotland, Fifty Thousand Pounds, Part of the First Hundred Thousand Pounds of the last Two Hundred Thousand Pounds of the Four Hundred Thousand Pounds agreed to be paid to the Kingdom of Scotland, in the Articles of Agreement betwixt Committees of both Houses and the said Commissioners for the Parliament of Scotland, of the 23th of December, 1646, to be paid to such Persons, and in such Proportions, as are hereafter expressed in this Ordinance: Be it Ordained, by the Lords and Commons assembled in Parliament, and it is hereby Ordained, That the aforesaid Fifty Thousand Pounds shall, at Twelve Months after the Payment of the Second Hundred Thousand Pounds of the said Four Hundred Thousand Pounds, be proportionably paid, according to the Desire of the said Commissioners of the Parliament of Scotland, in Manner following; (videlicet,) the Sum of Ten Thousand Pounds Sterling to Archibald Marquis of Argile; to Doctor John Sharpe, One Thousand Three Hundred Thirty-three Pounds, Six Shillings, and Eight Pence; the Sum of Three Thousand Eight Hundred Sixty-six Pounds, Twelve Shillings, and Four Pence, to James Maxwell of Innerwick Esquire; the Sum of Nineteen Thousand Eight Hundred Pounds, Thirteen Shillings, and Four Pence, to Sir William Dick Knight; the Sum of Six Thousand Sixty-nine Pounds, Fifteen Shillings, and Four Pence, to Mr. James Stewart Bailiff of Edinburgh; the Sum of Six Thousand (fn. *) Thirty-nine Pounds, Fifteen Shillings, and Four Pence, for Mr. James Hamilton of Bogs; and the Sum of Three Thousand Six Hundred Forty-one Pounds, (fn. *) Seventeen Shillings, to Mr. Thomas Cuningham Merchant; out of the Receipt of such Monies as shall come in and be received by Fines and Compositions, made, and to be made, with Papists and Delinquents, or by Sale of Papists and Delinquents Estates: And this present Ordinance shall be to the Treasurers of Gouldsmiths Hall, and to all other Treasurers whatsoever, that now have, or shall hereafter have, the Receipt of such Monies as shall come in by Fines and Compositions, made, and to be made, with Papists Delinquents, or by Sale of Papists and Delinquents Estates, a sufficient Power and Authority for to pay the said Fifty Thousand Pounds as aforesaid, unto the Persons aforementioned, or to any their Assignee or Assigns, respectively, whose respective Acquittances shall be a sufficient Discharge to the said Treasurers; and the Payment of the said Fifty Thousand Pounds as aforesaid shall also be a sufficient Discharge to the Kingdom of England of the said Fifty Thousand Pounds, Part of the last Two Hundred Thousand Pounds before mentioned, according to the Agreement of the said Commissioners of Scotland, who are thereunto authorized, as is expressed in a Paper from the Commissioners of Scotland, subscribed (by Command of the Commissioners for the Parliament of Scotland) John Cheisly, of the Date of 5 Januarii, 1647; read together with this Ordinance."

Paper from the Scots Commissioners concerning it.

"Whereas, in the 17th Article of the Agreement betwixt your Lordships and us, of the Day and Date thereof, for the better Sattisfaction and Security of some private Persons of the Kingdome of Scotland, who have advanced greate Summes of Money, Provisions, and other Necessaryes, dureinge these Troubles, it is agreed, That the Summe of Fifty Thousand Pounds, part of the last 200,000£. of the 400,000£. shal bee paid to the said Persons: Wee, the Commissioners of the Kingdome of Scotland, according to the Direction and Warrant of the Parliament of Scotland, doe desire the said Summe of 50,000£. may bee proportionably paid, in Manner following; (videlicet,) the Summe of Ten Thousand Pounds to Archibald Marquis of Argile; to Doctor John Sharpe, One Thousand Three Hundred Thirty-three Pounds, Six Shillings, Eight Pence; the Sume of Three Thousand Eight Hundred Three Score Six Pounds, Thirteene Shillings, Fower Pence, to James Maxwell of Innerwick Esquire; the Summe of 19,800£. 12s. 4d. to Sir Will'm Dicke Knight; the Summe of 6,069£. 15s. 4d. to Mr. James Stewart Bailiff of Edinburgh; the Summe of (fn. *) 6,069£. 15s. 4d. to Mr. James Hamilton of Bogs; and the Summe of Three Thousand Six Hundred Forty-one Pounds (fn. *) Seaven Shillings, to Mr. Thomas Cunningham Mer chant: And wee, the said Commissioners authorised thereunto by the Parliament of Scotland, doe in their Names agree, that the respective Acquittances of the Persons aforementioned, or their Assignes, to the Treasurers of such Receipts as shall come in and bee received by Fynes and Compositions, made, and to bee made, with Papists and Delinquents, or by Sale of Papists and Delinquents Estates, shal bee a sufficient Discharge to the Kingdome of England, of the said Fifty Thousand Pounds, Part of the last Two Hundred Thousand Pounds aforementioned.

5 Januarii, 164 7/6

"By Comaund of the Commissioners for the Parliament of Scotland.

"Jo. Cheislie."

Paper from the Admiralty Committee, for Sir George Askew to be Governor of Scilly, and for the Garrison to be supplied.

"Die Martis, 12 Jan. 1646.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Whereas, upon the Rendering of the Isle of Scilly to Sir George Ascue Captain of His Majesty's Ship The Expedition (being appointed by Captain Batten to manage that Treaty), this Committee ordered him to stay at that Island, and to take Care of the Command thereof, until the Parliament should otherwise dispose of the Government; and that his Ship should be called Home: And whereas it hath been presented to this Committee, on the said Sir George Ascue's Behalf, That he hath, in Obedience to that Order, remained there, upon his own Charge, without any Allowance from the State, to his very great Expence; and that some special Affairs of his own do require some Return Home for some Time: Ordered, That his Pay as Captain of The Expedition (being now in Harbour) be continued to him during her late Stay Abroad; and that it be recommended, from this Committee, to both Houses of Parliament, that, until they shall please otherwise to dispose of the said Government, he may be settled therein, and may have a competent Allowance for his past Expences and future Support, and Liberty to make his Repair hither, substituting a Deputy to attend the said Command in his Absence; as also that, forasmuch as the preserving the said Island in the Parliament's Hands is of so much Concernment to the Trade of this Kingdom, Provision may be made for the Safety thereof.

"Will. Jessop, Secretary."

Papers from them, concerning the Summer Fleet.

"Die Martis, 12 Januarii, 1646.

By the Committee of Lords and Commons for the Admiralty and Cinque Ports.

In Conformity to an Order of the House of Peers, dated the 6th of this Instant January, whereby it is re-committed to this Committee, That more of the King's Ships and fewer of the Merchants Ships than are mentioned in a List annexed to a former Report from this Committee, dated 31 Dec. last, concerning the next Summer's Fleet, may be appointed for the said Service: Ordered, That the Reasons upon which the said Report was grounded be represented to the said House; and that the same, together with the said former Report, be recommended to their Lordships Consideration, with this Addition, That, instead of Six (mentioned in that Report) there may be Eight Second-rate Ships, graved, rigged, and fitted to go forth to Sea upon any Emergency, and Power given for the setting of them forth accordingly, upon any special Occasion, for the Kingdom's Defence.

"W. Jessop, Secretary."

"Reasons to be presented to the House of Peers, from the Committee of Lords and Commons for the Admiralty and Cinque Ports, in Confirmation of what the said Committee offered as their Opinion concerning the next Summer's Fleet.

The Proportion of Victuals, which, by Order of both Houses, is to be prepared for the next Summer's Fleet, is with respect to Five Thousand Men, the Forty-one Ships, Frigates, and smaller Vessels of the Navy; and the Thirteen Merchants Ships mentioned in this Committee's Report concerning the next Summer's Fleet were (after consulting with the principal Officers of the Navy) nominated in order to that Number of Men.

Not any of the serviceable Ships or Vessels of the Navy under the Degree of the Second Rate are left out of the List annexed to the said Report.

If the One Thousand and Five Men thereby allotted to Thirteen Merchants Ships (being above One Fifth of the whole Number) should be all employed in Secondrate Ships, they would not compleatly man Four such Ships, whereby the Number of the whole Fleet would be much lessened.

For the ordinary Services of protecting Trade and Convoy, smaller Vessels of convenient Force will be more useful than great Ships, by their Opportunity of entering into Harbours, and plying upon Coasts where great Ships may not safely adventure.

Three or Four smaller Vessels of competent Force may be kept at Sea at an equal Charge of One of the Second-rate Ships, which can attend but One Place at a Time, is unfit for Convoys, will in all Likelihood lie for the most Part in Harbour; whereas, by increasing the Number (through the Advantage of smaller Ships), more Convoys and other Services of an ordinary Nature will be attended, and as well performed.

Most of the Ships of the Navy mentioned in the said List are now at Sea, and must come into Harbour about Spring, to be fitted for the next Summer, which necessitates to provide a greater Number of fresh Ships than those of the Navy that are in Harbour and serviceable can possibly make up; else the Coasts will be unguarded, and the Trade of the Kingdom unsecured.

If any Foreign Preparation shall be in Hand for Infestment of this Kingdom, Provision therefore is made in that Report, by proposing, That, over and above the Forty-one Ships of the Navy therein mentioned, Six other of the Second-rate Ships may be graved, rigged, and fitted for Sea; that Captains for them may be appointed by both Houses, and Authority given for the setting of them forth, as there shall appear Cause, for the Kingdom's Defence; which, being so fitted, may upon any Emergency be sent forth in due Season, and the great Charge of keeping them forth at Sea in the mean Time saved."

"Die Jovis, 31 Decembris, 1646.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

On Consideration of what the Commissioners of the Navy have certified (upon a Reference from this Committee), touching the Number and Quality of Ships fit for the next Summer's Fleet, with respect to the Number of Five Thousand Men; and of a Report this Day made by several Members of this Committee to whom the Consideration thereof was specially referred: Ordered, That it be reported to both Houses, to be the Opinion of this Committee, That the Ships and Frigates mentioned in the annexed List (being Part of the Navy of this Kingdom), and Thirteen Merchant Ships for compleating the Number of Five Thousand Men, be prepared, equipped, and furnished with Stores of all Sorts, to go forth to Sea for the next Summer's Fleet; as also that (over and besides the Ships therein mentioned) such Six other of the Second-rate Ships (fn. *) as this Committee shall appoint be graved, rigged, and fitted for Sea; and that this Committee be authorized to set them forth (under Command of such Persons as shall for that End be before-hand approved of by both Houses) as there shall appear Cause, for the Defence of this Kingdom, and the rest of His Majesty's Dominions, or the opposing of any Force at Sea, that shall attempt or intend any Infestment thereunto; and that the Pleasure of both Houses be therein prayed.

W. Jessop, Secretary."

"A List of such of His Majesty's Ships and Pinnaces as are conceived fit to be set forth towards the making up of a Fleet, manned with Five Thousand Men, for the next Summer's Fleet; (videlicet,)

"Tons. Men. Ordnance.
"St. Andrew, 783 260 46
"Henretta Maria, 809 250 46
"Convertine, 619 180 38
"Guarland, 567 170 40
"Bonadventure, 557 170 38
"Lyon, 567 170 40
"Anthilop, 512 160 36
"Entrance, 539 160 38
"Leopard, 512 160 38
"Swallow, 478 150 36
"Nonsuch, 400 120 32
"Adventure, 370 110 28
"Assurance, 350 110 28
"John, 367 110 28
"Providence, 350 100 18
"Expedition, 350 100 18
"Mary Rose, 321 100 28
"Fellowshipp, 366 100 28
"Globe, 333 100 24
"Flushing Prize, 300 90 20
"President, 220 80 22
"Hector, 266 80 20
"Warwick Frig. 300 75 22
"Sampson Prize, 210 70 20
"Cignett Frig. 233 70 18
"Starr Frigg. 200 60 16
"Hinde Frig. 200 60 13
"Swan Frig. 200 60 14
"Crescent Frig. 167 50 14
"Greyhound, 120 50 12
"Welcome Pinke, 133 50 8
"Hart Frig. 120 50 12
"Weymouth Frig. 120 50 12
"Nichodemus, 110 45 8
"Robuck, 110 45 8
"Lilly Frig. 110 45 8
"Increase Frig. 133 40 10
"Peter Frig. 133 40 14
"Pellican, 133 40 12
"Robert Frig. 133 40 8
"Dove Pinke, 84 25 6
"In Toto, 3995
"13 Merchant Ships, 1005
5000

Adjourn.

House adjourned till 10a cras.

Footnotes

* Origin. proceeded.
* Sic.
* Origin. and.