House of Lords Journal Volume 7: 24 October 1644

DIE Jovis, 24 die Octobris.

PRAYERS, by Dr. Smyth.

Ds. Grey de Warke, Speaker.

Essex Fishermen and Countess of Sussex, concerning the Fishery at Barnham, alias Walfleet.

Upon reading the Petition of the several Fishermen, Inhabitants within the County of Essex, desiring, "That the Petitioners may be admitted, according to their Right and antient Custom, to fish and drudge in the Water of Burnham, alias Walfleete; and if any shall offend upon the Rights and Fishings of the Countess of Sussex, that she may take her Remedy against him or them at the Common Law:" It is Ordered, That this Petition be shewed to the Countess of Sussex, and she desired to return her Answer to this House of the same.

Settling the Church Government.

The Lord Admiral reported, "That he had acquainted the Assembly of Divines with their Lordships Desire, that they would hasten the settling of the Government of the Church; and they received the Message with much Joy, and will speedily set upon it."

Ordinance concerning the Prisoners at Algiers.

The Lord Admiral reported from the Committee the Ordinance concerning the Prisoners of Algiers, "That they have considered of it, and think it fit to pass, with a small Amendment:" Which being read, this House Agreed to the said Ordinance, with the Amendment; and Ordered, to be sent to the House of Commons, to desire their Concurrence therein.

L. Herbert of Cherbury come to London.

It was signified to this House, "That the Lord Herbert of Cherbury is come to London, and returns their Lordships great Thanks for their Favours towards him; but he, having a great Indisposition of Health upon him at this Time, desires their Lordships Leave, that he may follow a Course to recover his Health:" Which this House granted, according to his Desire.

Isle of Wight Petition, to re-annex the Manor of Bowcomb to the Government of the said Island.

Upon reading the Petition of the Knights, Gentlemen, and Freeholders, of the Isle of Wight; shewing, "That whereas there were many Things in Time past, both of Ornament and Profit, belonging to the Government of the said Isle; videlicet, many great Manors, which, together with Fines for granting and altering of Estates in Tenements, and the Yearly Pay of Twenty Shillings per Diem, to the Governor for the Time being, did amount to Two Thousand Pounds per Annum, or near thereabouts, whereby the said Governors were much both encouraged, and [ (fn. 1) found it] convenient to spend a great deal of Time, and often wholly to reside in the said Isle, to the great Contentment, Profit, Security, and Satisfaction of the Inhabitants thereof.

"That all the said Manors, in Process of Time (but by what Combinations or secret Contrivances the Petitioners know not), have been sold, conveyed away, and utterly divided from the said Government, to the great Discouragement of the Governors to dwell or reside in the said Isle; whose Absence doth oftentimes occasion many Mischiefs, and always great Disadvantages, to the Inhabitants thereof.

"That, about Fourteen Years since, the last of the said Manors, called Bowcombe, was sold, and divided from the said Government, to one Sir Henry Knowles, lately deceased, and since descended to Sir Henry Knowles the Son, and (by reason of his Malignancy) is now sequestered to the Use of the State.

"That the said Manor, worth Two Hundred Pounds per Annum, or thereabouts, is situate very near unto, and lieth round about, Carisbrooke Castle, the usual Place of the Governor's Residence, and is most convenient for Necessaries belonging to House-keeping and Horse-keeping, and did always belong for that Purpose to the Governors for the Time being; of which they will be utterly destitute there, unless the said Manors be again joined to the said Government.

"That, the Premises duly considered, and since it is so timely fallen into their Lordships Hands, that so without any Difficulty, annexed (fn. 2) the said Manor of Bowcombe unto the Government of the said Isle, you would be pleased speedily to pass an Ordinance of Parliament to that Effect, whereby the Governors for the Time being may be both the better encouraged, and the more convenient to reside in the said Isle; and that it may be confirmed to the Right Honourable the Earl of Pembrook and Mountgomery, as Governor of the said Isle for the Time being, that so the Petitioners may receive the Benefit of their Governor's long-desired Residence with them.

"Robert Dillington Baronet.

"Greg. Norton Baronet.

"And many others."

Hereupon this House Ordered, That it is hereby referred to Serjeant Whitfield and Serjeant Fynch, to draw an Ordinance according to the Contents of this Petition, and present it to this House on Saturday Morning next.

Ordinance concerning Middlesex.

Next, the Ordinance for Midd. was read Thrice, and Agreed to with some small Alterations.

Prince Elector to be present at the Assembly of Divines.

"Ordered, by the Lords and Commons in Parliament assembled, That the Prince Elector his Highness may, at his Pleasure, come to the Assembly of Divines, to hear the Debates there, from Time to Time, when and as often as his Highness shall think fit."

And the Earl of Stamford is appointed to acquaint the Assembly herewith.

Ordered, That the Concurrence of the House of Commons is herein desired.

Message to the H. C. about it;

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire their Concurrence in the Ordinance concerning the Prince Elector's sitting in the Assembly.

and with Ordinances amended.

2. To desire their Concurrence in the Ordinance concerning the Captives of Argier, with the Alteration.

3. To desire their Concurrence in the Alteration concerning Midd.

Earl of Arundel's Woods; &c.

Upon reading the Petition of Wm. Marsh, Servant to the Earl of Arrundell, concerning his Woods and Rents in Nottingham, Yorke, &c. It is Ordered to be referred to these Lords following, who are to make Report thereof to this House:

Any Three, to meet To-morrow Morning.

Answer from the H. C.

The Messengers sent to the House of Commons return with this Answer:

That they agree to all the Particulars of the last Message. (Here enter them.)

Message from thence, that they agree to the Prince Elector being present at the Assembly;

A Message was brought from the House of Commons, by Mr. Reynolds and others; which consisted of these Particulars:

1. That the Prince Elector Palatine shall have Liberty, during his Abode in England, to go to the Assembly, and to sit and be a Hearer there.

Agreed to.

for the Judges, &c. to be consulted about the Trial of Ld. M'Gwire and M'Mahoun;

2. That all the Judges be consulted with by the Counsel appointed to manage the Evidence at the Trial of Macguire and Mac Mahon; about the said Trial; to the End that the said Macguire and Mac Mahon may be brought to a speedy Trial and Judgement.

Agreed to.

3. To desire their Lordships Concurrence in appointing the Judges to be consulted with; and Mr. Serjeant Whitfield to attend this Service of the Trial of Macguire and Mac Mahon.

Agreed to.

and with Ordinances, &c.

4. An Ordinance to give no Quarter to the Irish Rebels. (Here enter it.)

Agreed to.

5. An Order for treating with the Scottish Commissioners. (Here enter it.)

Agreed to.

6. An Ordinance concerning the Wardship of Sir Wm. Fairefaix's Son and Heir. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Order for treating with the Scots Commissioners.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That what Doubts or Objections shall arise in either House, upon Consideration of any Thing propounded concerning the Scottish Armies in England or Ireland, the same shall be recommitted to the Committees of both Houses appointed to treat with the Scotts Commissioners, that, after Debate with the Scotts Commissioners, and full Understanding of their Meaning, the Results thereof may be reported to both Houses."

"An Ordinance of the Lords and Commons in Parliament, for the discharging of William Fairefax, Son and Heir of Sir Wm. Fairefax, late of Steeton, in the County of the City of Yorke, Knight, deceased, from Composition; and for granting his Wardship to his Mother, and the other Persons therein named, to his Use, and the Use of the Younger Children of the said Sir William Fairefax.

Ordinance to grant the Wardship of the late Sir William Fairfax's Children to his Widow.

"Whereas Sir Wm. Fairefax hath done very good and faithful Service for the Parliament, and was lately slain in the Service thereof: It is therefore Ordered, Ordained, and Declared, by the Lords and Commons in this present Parliament assembled, and the said Lords and Commons do hereby Order, Ordain, and Declare, That the said William Fairefax, Son and next Heir to the said Sir William Fairefax, shall be, and is hereby, freely discharged of and from all Compositions, Fines, and Reservation of Rent, for, or in respect of, his Wardship, and of and from all Marriage, Primer Seizin, Liveries, Oustre le Maines, or other Charge or Thing whatsoever, by reason thereof; and that the Custody, Wardship, and Marriage of the said William Fairefax, be committed to the Lady Fairefax his Mother, Edmund Lord Sheffeild, Sir William Sheiffeild Knight, Thomas Challener Esquire, Brother of the said Lady Fairefax, and Sir Thomas Widdrington Knight, to the Use of the said William Fairefax; and the Younger Children of the said Sir Wm. Fairefax; and if it fortune the said Wm. Fairefax to die before he come and be of his full Age of Twenty-one Years, then the Custody, Wardship, and Marriage of Thomas Fairefax, Second Son of the said Sir William Fairefax, to and for the respective Uses of the said Thomas Fairefax and of the other Children of the said Sir William Fairefax; and if it fortune the said Thomas Fairefax to die before he come and be of the full Age of Twenty-one Years of Age, then the Custody, Wardship, and Marriage of such Male Child as shall be born on the Body of the said Lady Fairefax, to and for the respective Uses of the said Male Child, and of the other Children of the said Sir William Fairefax; and if no such Male Child be born, or, being born; shall die before he come and be of the full Age of One and Twenty Years, then the Custody, Wardship; and Marriage of the Daughters of the said Sir Will. Fairefax, to and for the Use of the said Daughters: And the said Lords and Commons do also Ordain and Declare, That the Master of the Court of Wards and Liveries, and all Officers and Ministers there, and in Chancery, and elsewhere, to whom it appertaineth, shall, in due Manner, according to the Course of the said Courts respectively, pass the said Custody, Wardship, and Marriage of the said Lady Fairefax, and the said other Persons before named as aforesaid; for which; this shall be their Warrant in that Behalf."

Ordinance for Redemption of the Captives at Algiers.

"Whereas, by an Act made this present Parliament, intituled, "An Act for the Relief of the Captives taken by Turkish, Moorish, and other Pirates, and to prevent the taking of others in Time to come," a Subsidy of One per Cent. was imposed on all Goods and Merchandizes exported out of, or imported into, this Kingdom of England, and Dominion of Wales, which was to be One Fifth Part more than the Custom and Subsidy of Tonnage and Poundage, according to the Book of Rates; and whereas, since the passing of that Act, the House of Commons, by their Order of the Tenth of March, 1641, in regard of the then growing Distractions of this Kingdom, did then Order, That Bonds only should be taken by the Collectors of the said (fn. 3) Duty, for the Payment of the said One per Cent. according to such Rates as this House should after appoint, and accordingly the Bonds have been taken: The Lords and Commons, &c. intending to carry on that so pious a Work of the releasing of the said distressed Captives, and withall having Respect to the Encouragement of Merchants in their Trade, do hereby Declare and Order, That only One Fourth Part of the Monies due on the said several Bonds, that is to say, One Fourth Part of the One per Cent. due by the said Act, which is One Shilling in every Twenty Shillings, paid for Custom and Subsidy, according to the new Book of Rates established by Authority of this present Parliament, shall be paid by the several Merchants so indebted, within Thirty Days after Publication of this Order in Print, unto the Chamberlain of the City of London for the Time being, who is hereby authorized to receive the same, or unto his Deputy or Deputies appointed by him; who, by himself and Deputies, (fn. 4) is required to attend at the several Customhouses in the Port of London, and Out Ports, at the usual Hours between Nine and Twelve in the Morning, to receive the same, or to take such other Course for Dispatch of that Service as they shall think sit; and, upon Receipt of the Monies due, to deliver up the Bonds; which said Monies shall be employed and disposed of, for and towards the Redemption of the said distressed Captives, in such Manner as by the Lord Admiral and the Committee of the Navy shall be ordered and directed; and in case any Merchant so indebted shall not pay in the said Fourth Part within the Time before limited, the same being demanded, that then the said Collectors do certify the Names of such Person or Persons unto the said Committee of the Navy, who thereupon are to cause the said Bonds to be put in Suit, for the whole Duty of One per Cent. according to the Intent of the said Act: And it is further Ordered, That from the Day of the Date hereof, unto the Expiration of the Date of the said Act, no Bonds be taken for the said Duty; but that the said Chamberlain, his Deputy or Deputies, do receive the Money collected for the said Duty of the Fourth Part of One per Cent. as before, upon all Goods, Wares, and Merchandizes, both exported and imported, according to the said Act; and all Merchants are hereby required to pay the same."

Ordinance to give no Quarter to the Irish Rebels taken here.

"The Lords and Commons, assembled in the Parliament of England, do Declare, That no Quarter shall be given hereafter to any Irishman, nor to any Papist whatsoever born in Ireland, which shall be taken in Hostility against the Parliament, either upon the Sea, or within this Kingdom, or Dominion of Wales; and therefore do Order and Ordain, That the Lord General, Lord Admiral, and all other Officers and Commanders both by Sea and Land, shall except all Irishmen, and all Papists born in Ireland, out of all Capitulations, Agreements, or Compositions, hereafter to be made with the Enemy; and shall, upon the taking of every such Irishman, or Papist born in Ireland, as aforesaid, forthwith put every such Person to Death: And it is further Ordered and Ordained, That the Lord General, Lord Admiral, and the Committees of the several Counties, do give speedy Notice hereof to all subordinate Officers and Commanders, by Sea and Land respectively, who are hereby required to use their utmost Care and Circumspection, that this Ordinance be duly executed: And lastly, the Lords and Commons do Declare, That every Officer and Commander, by Sea or Land, that shall be remiss or negligent in observing the Tenor of this Ordinance, shall be reputed a Favourer of that bloody Rebellion of Ireland, and shall be liable to such condign Punishment as the Justice of both Houses of Parliament shall inflict upon him."

Adjourn.

House adjourned till 9^a cras.