House of Commons Journal Volume 6: 25 March 1651

Die Martis, 25 Martii, 1651.

Prayers.

Surrender of Fynagh Castle.

A LETTER from Colonel Hughson in Ireland, from Finagh, of the Fourteenth of March 1650; with Articles inclosed of the Surrender of Fynagh Castle, and other strong Holds; with a List of Prisoners taken.

Which were this Day read.

Ordered, That the said Letter, Articles, and Lists, be forthwith printed and published.

Ordered, That a Letter of Thanks be written, taking Notice of these particular Commanders, and of the faithful and good Service of all the other Officers and Soldiers.

Ordered, That Colonel Marten do write the Letter: And that Mr. Speaker do sign the same.

Delinquents Estates.

The House this Day resumed the Debate upon the Amendments to the Bill for Sale of Delinquents Estates.

Ordered, That the Committee, in the Act for Sale of Delinquents Estates named, be, and are hereby, impowered to make good the Promise made by the Parliament, of settling One thousand Pounds per Annum upon Colonel Horton's Brigade, according to former Order of this House, out of the Delinquents Estates, by the said Act appointed to be sold, in such sort as they shall think fit, and for the most Advantage of the Commonwealth.

Ordered, That the Sum of Nine hundred Pounds be given to * Horton, Son of Colonel Horton, deceased, in full Satisfaction, and Discharge of all Arrears, due to the said Colonel Horton, his late Father, deceased; and all Demands, in respect of his Service: And it is referred to the Committee of the Army, to consider how the same may be paid, out of the Remainder of the general Compositions of Delinquents in North Wales, unto the Persons intrusted, or to be intrusted, for the said * Horton, to be employed for the Benefit of the said Horton the Son.

Resolved, That William Bassett, of Claverton, in the County of Somersett, Esquire, paying in to the Treasurers of Goldsmiths Hall, the Sum of One thousand Nine hundred Thirty-five Pounds and Seven Shillings, being the Fine set upon him for his Composition; the one Moiety thereof within Fourteen Days now next coming; and the other Moiety within Fourteen Days after the same be accepted, without Penalty or Interest, in Discharge of the said Fine; and upon the last Payment, the Commissioners for Compounding be authorized and required to discharge the said William Bassett, and his Estate, from Sequestration, for his said Delinquency.

Ralegh's Claims.

Mr. Garland, reports from the same Committee, the Case of Carew Ralegh Esquire, as followeth; viz.

34. Eliz. THE Bishop of Salisbury, by Deed inrolled, and confirmed by the Dean and Chapter of Sarum, did grant a Lease of Ninety-nine Years, of the Castle of Sherborne in the County of Dorset, with the Manors of Sherborne, Sherborne Bucks, Heyden, Newland, Barton, Castleton, Wotton, Whitfield, Yetminster, and Candle Bishop, with the Rents and Appurtenances, to Queen Elizabeth.

34. Eliz. Which Term of Ninety-nine Years Queen Elizabeth, in the same Year, assigned over to Sir Walter Ralegh, Father to Carew Ralegh Esquire, the Petitioner, with all her Right, Title, and Interest to the same.

40° Eliz. Sir Walter Ralegh assigned over the Premises, with the Remainder of the Term of Years unexpired, to his Son Walter Ralegh Esquire, Brother to the Petitioner, who was Administrator to his Brother Walter, who died without Issue.

41° Eliz. About the Year Forty-one, the said Bishop of Sarum assigned over to the Queen, the Fee and Inheritance of the Premises: And, presently after, the said Queen granted, by her Letter Patents, the said Inheritance and Fee of the Premises to Sir Walter Ralegh, and his Heirs; which the said Sir Walter Ralegh, by Deed, indented, made over to his Son the Inheritance and Fee of the Premises, as he formerly had done the Lease for Years.

But the last Grant made by Sir Walter Ralegh of the Fee and Inheritance to his Son, was, after the Attainder of Sir Walter Ralegh, 7° Jacobi, in the Exchequer, upon Information exhibited by the Attorney General Hubbert: To which the said Sir Walter Ralegh answered; in which the said Grant was set forth to be so made over: Yet, for want of one Word, which was omitted by the Oversight of the Clerk in the said Grant, it was then adjudged to be void.

Sir Walter Ralegh, being seated at Sherborne, did purchase divers other Lands, called the Pinford and Primsby Barton, and the Manors to the same belonging: All which Premises, by the Attainder of Sir Walter Ralegh, were forfeited to the Crown; and from the Crown, they were granted, 7° Jacobi, to the Earl of Somersett; and after that they were again forfeited, by the said Earl's Attaint, unto the Crown; and 14° Jacobi, they were granted to John Digby Knight, since Earl of Bristol.

And that it be reported to the House, the unjust Proceeding and Carriage of the Condemnation of the said Sir Walter Ralegh; viz.

He was indicted at Staines in the County of Middlesex, 21 Septembris, 1° Jacobi; and after, in November following, he was tried at Winchester in the County of Southampton, by a Commission of Oyer and Terminer; and by the Jury, without Witness, was found guilty of High Treason; and, as appears by the Lord Cobham's Letter, shewed to this Committee, was innocent of the Crime for which he was indicted and convicted:

And that the said Sir Walter Ralegh was not beheaded till Fourteen Years after the said Conviction: and in the Interim, between the said Conviction, and the Time of his Death, he was 14° Jacobi, by his Letters Patents, made Governor, Admiral, and General of all the Forces by Sea and Land, for a Voyage to the South Part of America; yet, after, upon the Persuasion of the Spanish Ambassador, without any new Offence committed, was put to Death upon his former Condemnation.

And that, 3° Caroli, the late King would not sign the Bill for the Restauration of the Petitioner to his Blood, unless he would relinquish, in the same Act, his Interest to the Premises: Which the said Petitioner was constrained then to do.

Ordered, That this Case be reported to the House, with the Opinion of this Committee; that they conceive him a fit Object for their Mercy.

The humble Petition of Beatrice Countess of Bristoll, and the Lady Ann Digby, in the Behalf of herself, and John Digby, her eldest Son, was this Day read.

The Question being propounded, That, in Satisfaction of an Annuity of Four hundred Pounds per Annum, payable unto Carew Ralegh Esquire, out of the Exchequer, for his Life, and the Arrears thereof, Lands of the yearly Value of Five hundred Pounds per Annum, late belonging to the Earl of Bristoll; which were formerly the Inheritance of Sir Walter Ralegh, late Father to the said Carew Ralegh; and which falls to the Commonwealth by the Treason of the said Earl of Bristoll, and the Lord Digby his Son; be settled upon the said Carew Ralegh, and his Heirs;

The Question being put, That this Question be now put;

It passed with the Affirmative.

And the main Question being put;

It was Resolved, by the Parliament, That, in Satisfaction of the Annuity of Four hundred Pounds per Annum, payable unto Carew Ralegh Esquire, out of the Exchequer, for his Life, and the Arrears thereof, Lands of the yearly Value of Five hundred Pounds per Annum, late belonging to the Earl of Bristoll; which were formerly the Inheritance of Sir Walter Ralegh, late Father of the said Carew Ralegh; and which falls to the Commonwealth by the Treason of the said Earl of Bristoll, and the Lord Digby his Son; be settled upon the said Carew Ralegh, and his Heirs.

Resolved, That an Act be brought in upon the last Vote.

And Mr. Stephens is to bring it in.

Captain Cannon.

Sir Henry Mildmay reports from the Council of State,

"That it be reported to the Parliament, That this Council is informed, that Captain Cannon, who hath now the Charge of Dover Castle upon him, is now in Town, in Obedience to an Order of Parliament; and conceiving it dangerous he should be absent from his Charge, as the present State of Affairs are: And that therefore the Parliament be desired to give him Order forthwith to attend the said Charge, if they shall so think fit.