DIE Saturni, 20 die Martii.
PRAYERS, by Mr. Sallawey.
Comes Manchester, Speaker.
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Comes Lyncolne. Comes Mulgrave. Comes Midd. Comes Nottingham. Comes Sarum. |
Ds. North. Ds. Maynard. Ds. Willoughby. Ds. Howard. Ds. Grey. Ds. Bruce. Ds. Dacres. Ds. Wharton. |
Rynes and Ld. Cromwell.
Upon reading the Petition of Wm. Rynes, One of the
Justices of the King's Bench in Ireland, wherein the
Lord Cromwell is concerned:
It is Ordered, That the Lord Cromwell shall have
a Copy of the Petition, and return his Answer unto
this House within Five Days after the Sight of this
Order.
Tomlinson committed for assessing the E. of Nott.
Ordered, That Thomas Tomlinson, now in the
Custody of the Gentleman Usher attending this House,
shall stand committed to the Prison of The Fleete, for
making an undue Levy on the Lands of the Earl of
Nottingham, a Peer of this Kingdom; there to remain
during the Pleasure of this House.
Message from the H. C. with the Ordinance for Judges for Wales;
A Message was brought up from the House of Commons, by Mr. Recorder of London: That,
1. They have agreed to the Ordinance for the Justices
of South Wales, with some Alterations, wherein they
desire their Lordships Concurrence. (Here enter it.)
Agreed to.
to continue the Commissioners of the Great Seal;
2. They desire their Lordships Concurrence, that the
Great Seal of England may be continued in the same
Commissioners as now it is for Twenty Days longer,
after the Expiration of the Term last granted.
Agreed to.
with an Ordinance, &c.
3. An Ordinance for taking off the Sequestration
from Mr. Campion's Estate.
4. To deliver a Copy of the Articles of the Surrender of the Isle of Scylly, which is compared with the
Original. (Here enter it.)
5. To put their Lordships in Mind of dispatching the
Ordinance for the Regulating of Oxford.
The Answer returned was:
Answer.
That this House agrees to the Alteration in the Ordinance concerning the Justices of North and South
Wales; and also to the Continuance of the Great Seal
in the present Commissioners for Twenty Days longer
after the Expiration of the Time last granted: To
all the rest of the Particulars, this House will send an
Answer by Messengers of their own.
Message from thence, with an Ordinance;
A Message was brought from the House of Commons,
by Colonel Birch:
To desire their Lordships Concurrence in an Ordinance for granting a Rent-charge to Mr. Barrow, of
Fifty Pounds per Annum, out of Mr. Lingen's Estate.
Read Once.
and to expedite another.
2. To put their Lordships in Mind of an Ordinance
formerly brought up, for Four Thousand Pounds for
Gloucester.
The Answer returned was:
Answer.
That this House will take their Message into Consideration, and will send an Answer by Messengers of
their own.
Ordinance to regulate Oxford University.
The Ordinance for regulating and reforming the
University of Oxon, was reported from the Committee,
as fit to pass, with some Alterations and Additions;
which Alterations and Additions were read Twice, and
then the said Ordinance was read the Third Time with
the Alterations and Additions; and this House agreed
to it, and Ordered to be sent to the House of Commons for their Concurrence therein.
Johnson & al. to be attached, at Sir E. Sydenham's Suit.
Upon reading the Petition of Sir Edward Sydenham, and the Affidavit of Humphrey Cooper and Rob't
Alsopp: It is Ordered, That William Johnson, Will.
Bloudworth, and Thomas Boulton, for disobeying the
Orders of this House, shall be attached by the Gentleman Usher of the Black Rod, and brought before this
House, to answer their Contempts.
Ordinance for Smith to be a Commissioner of the Navy.
Ordered, To send to the House of Commons, to
put them in Mind of the Ordinance formerly sent
down, for making Mr. Thomas Smyth One of the Commissioners of the Navy, in the Place of Captain Morris.
Ld. Willoughby to export Horses.
Ordered, That the Lord Willoughby shall have
Leave to transport over into Holland Six Horses, Mares,
or Geldings, which his Lordship intends to be by Way
of Exchange; and this to be Custom-free.
Ld. Loftus and Sir G. Wentworth.
Ordered, That the Cause between the Lord Viscount Ely and Sir George Wentworth shall be heard on
Wednesday next.
Ordinance to repair Churches, &c.
Ordered, That the Ordinance concerning the Repairing of Churches and Chapels shall be read on Monday Morning next.
Exportation of Horses.
The House was in a Debate about the Transportation
of Horses.
And the Question being put, "Whether, in this
particular Case, to have the House to be adjourned into a Committee?"
It was Resolved in the Negative.
Ld. Wharton, Leave to be absent.
Ordered, That the Lord Wharton hath Leave to
be absent, to attend his Health, for some Days, by Intermission, this Spring-time.
Ordinance for Judges for Wales.
"It is this Day Ordered and Ordained, by the
Lords and Commons in Parliament assembled, That
it be referred to the Commissioners for the Great
Seal of England, to nominate and appoint fit Persons
to be Justices of the Great Sessions for North Wales
and South Wales; and to give Warrant to the Clerk
of the Crown in Chancery to draw several Patents,
according to the usual Form, for them respectively to
exercise their said several Offices quam diu Nobis placuerit; and that the said Commissioners pass the said
Patents under the said Great Seal accordingly, whereunto they are hereby authorized."
"Articles agreed on, the 11th Day of September, Anno Domini 1646, between Colonel
John Sentabin High Sheriff of the County of
Cornwall, Sir George Aiscue Knight, and Serjeant Major Thomas Genings, on the Behalf
of the Honourable Captain Will'm Batten
Vice Admiral and Commander in Chief of the
whole Fleet employed for the Service of
King and Parliament, and the Honourable Colonel Richard Fortescue Governor of Pendennis
Castle and Commander in Chief under his
Excellency Sir Thomas Fairefax of all the
Forces of Horse and Foot in the County of
Cornwall, of the One Party; and Francis
Godolphin Esquire, Serjeant Major Christopher
Grosse, and John Whiting, Esquires, on the
Behalf of the Honourable Sir Thomas Bassett
Knight, Governor of the Fort of St. Marie's
and the Garrison thereof, in the Isles of Silley, on the other Party; for and concerning
the surrendering of the said Fort and Garrison, as followeth:
Articles for the Surrender of the Isle of Scilly to the Parliament's Forces.
1. First, The Castle of St. Marye's, in Silly, and
the Islands thereof, together with all the Forts, Fortresses, and other Fortifications, as well in Trescawe
as in that Island, belonging to the said Garrison,
with all their Arms, Ordnance, Ammunition, and
Furniture of War, and Provision, except what shall
be allowed in the ensuing Articles, shall be delivered
to such Persons as Captain Wm. Batten Vice Admiral and Colonel Richard Fortescue shall appoint to
receive the same, for the Use of King and Parliament, without any Spoil or Embezzlement, upon
Wednesday the 16th Day of this Instant September, by
Two of the Clock in the Afternoon, or at any Time
after when it shall be required by the Persons authorized as aforesaid.
"2. That, in respect divers of the Officers and Soldiers of that Garrison have served in their Places
many Years, and some of them with their Wives
and Families are Farmers and Inhabitants of those
Islands, and having lately given good Testimony of
their Affection to the Parliament; therefore such of
the old Soldiers as are Inhabitants of the Islands,
and desire to continue there, shall by the present
Governor, or by the Person or Persons who shall
take Surrender of the Castle to the Use of the King
and Parliament, be entertained, unless there shall
be just Cause given to the contrary; and Lieutenant
Godolphin, Serjeant Prym, and Gunner Harris, being
ancient Officers of the Garrison, and very aged Men,
and having no Subsistence elsewhere, may be allowed a convenient Stipend, equivalent to their
former Allowance; they and every one concerned
in this Article taking their Oaths for their faithful
adhering to the King and Parliament, and holding
and defending the said Castle and Islands against all
Persons whatsoever that shall attempt to invade the
same without the Consent of King and both Houses
of Parliament.
3. That all Soldiers of the said Garrison shall,
at the Time of Surrender of the Castle, be in The
Town Greene, and there deliver up all their Arms
to such Person or Persons as he that shall take the
Surrender shall appoint to receive the same; provided, that such Soldiers who have Swords of their
own may retain them; and that Sir Thomas Bassett,
with all Gentlemen and Officers, as well Reformed
as others, and Clergymen, with their Servants, shall
retain and keep all their Horses and Arms, as also
all other their Goods, and shall have Six Months
Time after the Surrender of the said Castle, for the
selling, transporting, or otherwise disposing of them;
and that the Person or Persons that shall take the
Surrender, or the Governor for the Time being,
shall provide Shipping for a safe Convoy for the
Transportation of their Goods and Persons from the
said Islands, unto The Mounts Bay in Cornwall, or
unto St. Mallowes or Deepe in France, whither they
shall be pleased to go; all the new Soldiers to be
transported, with what formerly was allowed, at the
First Opportunity; the Gentlemen, Officers, and
Clergymen, not exceeding the Number of Ten, besides their Servants, to have their Abode and Continuance, at their Election, in their Dwellings and
Lodgings in the said Islands, so that it be not in the
said Castle, or any Fort belonging thereunto, for the
Space of Six Months after the Surrender; they
acting nothing prejudicial to the Parliament during
their Stay there.
"4. That no Officer, Soldier, or other Person comprized in these Articles, shall be reproached, or have
any disgraceful Words or Affronts offered them, or
be searched, plundered, or injured, during their Stay
in these Islands, or in their Passage by Sea or Land
nor shall any Person aforesaid be compelled to take
up Arms against the King; nor shall any Oath, Covenant, or Protestation, be imposed upon any Person
that shall not be entertained in the Service of the
Parliament, during the Space of Four Months after
the said Surrender.
"5. That no Person comprized in these Articles
shall at any Time hereafter be questioned for any
Words or Actions spoken or done, since the Beginning of this Parliament, in or concerning this War,
or relating to the unhappy Differences between
the King and Parliament; provided they be not such
Person or Persons as are liable to Composition.
"6. That all Persons comprised within these Articles shall have, upon Request, a Certificate under
the Hand of the Person or Persons that shall take
the Surrender, or of the future Governor of the said
Castle and Garrison, That such Persons were in the
Islands at the Time of the Surrender of the Castle,
that they may thereby have the Benefit of these Articles; as also all such Persons as are minded to return to their own Homes at any Time within the Six
Months shall have their Let-passes, and Protections, for their peaceable Passage, and quiet Abode
at their own or Friends Houses, whither they shall
desire to repair; and that it shall be without Prejudice for their Friends to receive them.
"7. That no Person comprized in these Articles
shall be imprisoned, restrained, sued, or molested,
for any Matter, Action, or Cause whatsoever, had,
committed, or done, by or against him, be it Public
or Private Concernment, at any Time before the
Date of these Articles; for the Public, not during
the Space of Four Months, and for Private, not during
the Space of Three Months, next ensuing after the
Surrender of the said Castle.
"8. That His Majesty's Farmer of these Islands,
and every other Person claiming under him, shall
have and enjoy all their Estates, in their Lands and
Tenements, Mills, Fishings, and Fowlings, the Rents
and Profits of the same, with all their Shipping,
Boats, Nets, and Fishing Instruments, with all their
Corn, Fish, Goods, and Moveables, within the said
Islands; as also that all Liberties, Privileges, Customs, and other Rights whatsoever, formerly used
and enjoyed by the said Farmer and Inhabitants of
the said Islands, or by him or them respectively,
shall be held and enjoyed by him or them accordingly.
"9. That all Persons comprized within these Articles shall have Four Months Time to make their
Compositions after the Surrender of the said Castle
and Garrison, which Composition shall not exceed
Two Years Profit of the just Value of their Estates;
and, being made, they shall be freed from all Payments, Taxes, or Imposition, except what shall be
hereafter charged upon them in common with other
Subjects of this Kingdom by Authority of Parliament.
"10. That Sir Will'm Godolphin Knight, who hath
an Estate in those Islands, and is now resident in
France, may have the Benefit of these Articles, if
he come in to the Parliament within Two Months after the Surrender of the said Castle.
"11. That no Vessel coming with Supplies or Intelligence to the Castle or Garrison, at any Time
within a Fortnight after the Surrender thereof, shall
be made Prize.
"12. That if any Officer, Soldier, or other Person
comprized in these Articles, shall in any Point break
or violate these Articles, the Fault and Punishment
shall be upon him or them only who made the
Breach or Violation, and shall not be imputed or
charged upon any other not assenting thereunto, or
acting therein.
"13. That, for the fuller and clearer understanding
of the First Article, it is hereby Ordained, That
the true Meaning thereof is, That no Fowlingpiece of any particular Persons, either in the Castle
or Island, shall be retained or taken to be Arms
or Ammunition, or to be surrendered according to
the First Article; nor the Provision of Corn, Grain,
Fish, or other Victuals, in or about the Castle, or
other the Storehouses in those Islands, to be included therein, for that they be the proper Goods
of the Governor and others of those Islands; and
such Goods as are in those Islands belonging unto
any other Person may be returned to their proper
Owners.
14. That Francis Godolphin Esquire and Major Grosse remain in the Parliament Quarters, as
Hostages for the due Performance of these Articles.
15. That Confirmation of these precedent Articles shall be procured from the Parliament, within
Twenty Days after the signing of these Articles.
11 Sept. 1646.
"We approve of these Articles,
Wm. Batten.
Richard Fortescue.
Francis Godolphin.
Christo. Grosse.
John Whiting.
Tho. Bassett.
Jo. Sentabin.
Geo. Ayscue.
Tho. Genings.
Commissioners of the Great Seal, &c. continued.
"Ordered, by the Lords and Commons in Parment assembled, That the Custody of the Great Seal
do remain in the Hands of the Speakers of both
Houses, in Manner as now it is, for the Space of
Twenty Days longer than the Time it is now continued for; and that the Commissioners for hearing
Causes in Chancery be likewise continued for the
same Term of Twenty Days."
Ordinance to clear Campion of his Delinquency.
"Whereas Wm. Campion, of Cromwell, in the County of Kent, Esquire, hath by both Houses of Parliament been admitted to his Fine of One Thousand
Three Hundred Fifty-four Pounds, he having been
in Arms against the Parliament: The Lords and
Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to
prepare a Pardon for the said William Campion, for
his said Offence, in such Form as is agreed by both
Houses for like Offenders, together with a Grant
of, and Restitution to him, his Heirs and Assigns, of
all his Lands, Goods, and Chattels, and other Estate
for which the said Fine was accepted, according to
a Particular thereof made, and entered with the
Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Day of the Payment of the
said Fine, with an Exception of the Right or Estate
of the said William Campion in or to all Advowsons,
Presentations, and Right of Patronage, to any Church
or Chapel; which said Pardon, so prepared, the
Commissioners for the Great Seal of England for the
Time being are hereby (fn. *) likewise authorized to pass
under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon
thereon to be passed, shall not extend to free the
said William Campion from a further Composition, for
any other Lands, Goods, or Chattels, than what are
contained in the Particular aforesaid; and that, in
case the said Lands mentioned in the said Particular
were of greater Yearly Value than are therein expressed during Three Years before the Year of our
Lord 1640, then the said Wm. Campion shall pay
such further Fine, by Way of Composition, as both
Houses of Parliament shall appoint."
Jones to be instituted to Lanogwade.
Ordered, &c. That Doctor Aylett, &c. do give Institution, &c. unto William Jones Clerk, Master of Arts,
unto the Vicarage of Lanogwade, in the County of Carmarthen, void by the Death of the last Incumbent, salvo
Jure cujuscunque; the said Mr. Jones taking the National
League and Covenant, and producing his Presentation
thereunto under the Great Seal of England.
and Watts to Hope of All Saints.
Ordered, &c. That Doctor Aylett, or his lawful
Deputy, give Institution to Wm. Watts Clerk, Batchelor of Arts, unto the Rectory of Hope of All Saints, in
the County of Kent; Presentation under the Great
Seal.
Adjourn.
House adjourned till 10a on Monday next.
Huc usque examinatur per nos,
H. Kent.
T. Lyncolne.