Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Martis, 26 die Augusti.
Ds. Grey de Warke, Speaker this Day.
Answer from the H. C.
Sir Edw. Leech and Mr. Page return with this Answer from the House of Commons:
That they agree in the Amendments in the Ordinance for the Directory: (Here enter it.) And also to the Ordinance concerning the Lord Coventry; and to Mr. Noble to be One of the Deputy Lieutenants for Staffordshire.
To the rest, videlicet, to the other Five Deputy Lieutenants for Staff. to Captain Copley's Petition, and to Sir George Muschamp's Petition, they will send an Answer by Messengers of their own.
Lord Houghton, to carry Horses with him to France.
Ordered, That the Lord Haughton shall have Liberty to transport One Gelding more into France than was formerly granted him, and those to be Custom-free.
E. of Midd. took the Covenant.
This Day James Earl of Midd. took and subscribed the Solemn League and Covenant of both Kingdoms.
Ordinance concerning the Dutchy Seal of Lan after.
The House was adjourned during Pleasure; to take into Consideration the Ordinance formerly brought up from the House of Commons, concerning the Dutchy Seal.
And the House being resumed, it was reported as fit to pass, with Addition of the Lord Grey of Warke.
And thereupon the said Ordinance was (fn. 1) read the Third Time, and Agreed to with the said Alteration; and the Concurrence of the House of Commons to be desired herein.
The Earl of Manchester reported a Letter from Major General Lesley, sent to the Committee of both Kingdoms; which was read, as follows:
Letter from General Lesly, that he had joined the Yorkshire Forces, and that the King was retreated to Newark.
"My Lords, and Gentlemen,
"I received yours of the 15th August, commanding to take into my Charge all the Yorkeshire, Nottingham, Derby, Lyncolne, and other Forces, now in a Body in Yorkshire; and with them, together with these of the Scottish Army, to prosecute the Servise now in Hand. The King no sooner understanding of my joyning with the Yorkeshi'e Forces, but He retreated to Newarke, soe that He has not recruted much in these Quarters; though, I thinke, the Affection of the People is not wanting to His Way; nether shall we give Him much Rest to strengthen His Forces; and, if Opportunity offer, I shall not be wanting to approve myselfe,
"My Lords and Gentlemen,
Bautre, Aug. 22, 1645.
"Your Lordships Most humble and most obedient
"For the Right Honorable the Committee of both Kingdomes."
Message to the H. C. with it; concerning, the Ordinance about the Dutchy Seal, and about Captain Bowen.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
1. To communicate to them the Letter of Lieutenant General Lesley.
2. To desire their Concurrence, in the Addition in the Ordinance concerning the Dutchy Seal.
3. To desire they would give an Answer to the Business concerning Captain Bowen.
Ld Savill to be released upon Bail.
Upon reading the Petition of the Lord Savill, Prisoner in The Tower: (Here enter the Petition.) It is Ordered, That he shall be released, upon giving Bail to this House; videlicet, himself Two Thousand Pounds, and One Thousand Pounds more by Security, to be a true Prisoner, and appear before this House when he shall be summoned by this House.
Colonel Fielding's Engagement, to return if he cannot effect his Exchange.
"Whereas the Right Honourable the Lords assembled in the High Court of Parliament have Ordered, That a Pass shall be granted, by the Right Honourable the Lord Grey of Warke, Speaker (pro Tempore) of the House of Peers, to Colonel Richard Fielding (now a Prisoner of War), to go to His Majesty, to endeavour the gaining of a fit Exchange for himself; whereupon I, the said Richard Feilding, do hereby promise and engage myself, upon the Faith and Honour of a Gentleman and a Soldier, to the said Right Honourable the Lord Grey of Warke, that I will (by the Assistance and Permission of God) either procure the Enlargement of such Person or Persons (now Prisoners with His Majesty) as both Houses of Parliament shall like and approve of, for my Exchange, and cause them to be sent to the City of London, or such other Place or Places as both Houses of Parliament shall appoint; or return to London, and yield my Body a true Prisoner within Forty Days next after the Date hereof; and that I will not at any Time (until my Exchange be fully perfected) give any Intelligence, or join in Council with any, or do any Act or Thing whatsoever, that shall or may be prejudicial to both or either of the Houses of Parliament, or any Forces or Garrisons under their Power or Command.
"In Testimony whereof, I have hereunto put my Hand and Seal, this of August, 1645."
Letters from Ld Wharton in Scotland.
Next, divers Letters were read, sent from the Lord Wharton, to the Lord Grey of Warke, Speaker of the House of Peers pro Tempore. (Here enter them.)
Commission for taking Accompts in the North.
Ordered, That the Commissioners of the Great Seal are desired to expedite the Commission for taking Accompts in the Northern Counties.
Lady Campden's Park near Canterbury to be protected.
Upon reading the Petition of Hester Viscountess Campden: (Here enter it.) Ordered, That the Desires in the Petition is granted; and the Committee for felling of Woods are to see the same put into Execution.
The Lord North reported divers Papers from the Committee for the Admiralty and Cinque Ports:
Restitution of The Becass of St. Malo, taken by Captain Hodges, demanded by the Queen Regent of France.
"Die Jovis, 21 Aug. 1645.
"At the Committee of Lords and Commons for the Admiralty, &c.
"Whereas The Becass, of St. Mallo, being lately laden at Dartmouth with certain Goods, on the Accounts partly of some Subjects of the French King, and partly of some English, was, in her Return to France, taken by Captain Hodges, employed as a Private Man of War upon the Ordinance of 30 Nov. 1643, and brought into the River of Thames; for Restitution whereof, as being taken at the Road of St. Malloe, the Queen Regent of France hath, by Letter to the French Resident, enjoined him to use his utmost Endeavours with the Parliament in Her Name; whereupon the said Resident hath specially recommended the same to this Committee.
"Ordered, That the said Matter be reported from this Committee to both Houses of Parliament, with a Desire that their Pleasure may be thereupon declared; the Committee having in the mean Time directed the Proceedings in the Admiralty Court concerning that Vessel to be forborn till further Order."
"Die Jovis, 21 Aug. 1645.
Mary of St. Giles, and Nicholas of Dieppe, trading with Ports not in Obedience to the Parliament, taken by Captain Roe.
"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.
"Ordered, That Report be made from this Committee, to both Houses of Parliament, That, by a Certificate from the Judge of the Admiralty Court, and certain Depositions, it appears that The Mary of St. Giles in France, and The Nicholas of Deipe, having made several Voyages from France to Topsham, since the same was possessed by the Enemy; and having, in their last Voyage, laded there certain Quantities of Serges, Skins, Hides, Stockings, Slates, and Drapery, being the Return of certain Goods out of The Mary, and, as is supposed, certain Money out of The Nicholas then brought from France, were, about the Month of June last, in their Return towards France, seized at Sea, by Captain Roe and his Company, in the Ship Requitall, of Plymouth; that the said Ships and Goods belong to Frenchmen, Subjects to the French King, some of which, videlicet, David and Daniell Chamberlaine have been, and (as One of the Deponents believeth) did at the Time of the said Seizure continue, Partners with Thomas and Richard Ford, of Exeter, Merchants; that there was found in The Mary, at the Time of her Surprizal, a Fleming, sent aboard (as himself affirmed) by the Factor who laded the said Goods, with a Bag of Letters, wherein were Two Commissions dated at Oxford, and signed by the King, for setting forth of Ships against the Parliament, and the Copy of an Assurance from His Majesty, for Satisfaction to one Bushell, for Cloaths provided for His Majesty's Army; that the said Vessels were so seized by Captain Roe in virtue of a Commission from the Earl of Warwicke, while he was Lord High Admiral, upon the Ordinance of 30 Nov. 1643, and sealed by his Lordship's Seal, as Lord Admiral; in the Body of which Commission, his Lordship certifies the said Captain Roe and his Officers their entering into Bond, to observe the Clauses, which by the Purport of the said Ordinance were on their Parts to be observed; that no Certificate of their entering into Bonds as aforesaid was obtained under the Seal of the Admiralty Court, according to what is required by the Letter of the said Ordinance; that nevertheless the Judge of the Admiralty doth, in his said Report, declare, That, in respect the said Commission was then granted by the Lord Admiral himself, and Bond taken by him according to the Ordinance, and being done in the Western Parts remote from London, and for the Public Service of the State, he therefore conceives the said Commission was and is a good Commission, and may very well stand with the Intention of the said Ordinance; that, forasmuch as this Cause is different from the ordinary Cases of Ships taken in Pursuance of the said Ordinance, this Committee have therefore suspended the Proceedings in the Admiralty Court till further Order; and, upon the whole Matter, the Opinion and Pleasure of the Parliament is to be prayed."
Ordered, That these Two Papers be referred to the Committee for Foreign Affairs, to do Justice therein; and the Concurrence of the House of Commons to be desired herein.
"Die Jovis, 21 Aug. 1645.
Seamen who were in the Enemy's Service, to be pardoned if they will come in.
"3. At the Committee of Lords and Commons for the Admiralty and Cinque Ports.
Whereas the Committee is informed, by Captain Richard Crandley, that divers Mariners employed in the Service of the Enemy, and now in or about Flanders, are willing to come under the Parliament's Obedience, if they may be accepted and pardoned; Ordered, To be reported to both Houses of Parliament, That this Committee are of Opinion, that it may be a good Service to the State, to accept and pardon such of the said Mariners, under the Degree of a Captain, as shall come in and (fn. 2) submit to the Parliament; provided, that they do it by the End of September next: And that the Pleasure of the Parliament be thereupon prayed.
Agreed to; and the Concurrence of the House of Commons to be desired.
Ordinance for Sale of Delinquents Estates.
Next, was read the First Time the Ordinance concerning the Sale of Delinquents Estates.
A Message was brought from the House of Commons, by Sir Anthony Erby;
Message from the H. C. about providing Arms for the Scots Army in Ireland.
To desire Concurrence in these Particulars:
"1. Ordered, That it be referred to the Committee of Lords and Commons for Advance of Monies, sitting at Haberdashers Hall, to treat with such Persons as they shall think fit, for the present furnishing of Five Thousand Arms, to be sent to the Scotts Army in Ireland, at such Rates and Prices, and upon such Days of Payment, as may be most beneficial for the State."
for the Commissioners sent to Scotland to treat with the Scots Commissioners there.
"2. Ordered, That the Commissioners of both Houses, sent to the Parliament of Scotland, shall have Power to treat with such Committees or Commissioners of Scotland as shall be appointed and authorized to treat with them, either at Barwicke, or in any other Place of either Kingdom of England or Scotland, as shall be most convenient for them."
for the Committee for Irish Affairs to give Commissions to Colonel Jephson & al.;
"3. Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Ireland shall give Commissions to Colonel Jephson and his Officers, and the other Regiment designed for the Province of Munster."
and with Ordinances.
4. An Ordinance for Continuance of the Weekly Assessments upon the Western Associations. (Here enter it.)
5. To desire Concurrence in the Ordinance for an Assessment in the Eastern Association.
Read Twice, and committed to a Committee of the whole House; to be taken into Consideration on Thursday Morning next.
The Answer returned was:
That this House will send an Answer, by Messengers of their own, to the Ordinance for the Assessments in the Eastern Association: To all the rest, their Lordships do (fn. 3) agree.
Major Temple to be Governor of Henley.
"Ordered, by the Lords and Commons in Parliament assembled, That Major Purbecke Temple is nominated and approved of, to be Governor of Henly."
Clerk of the Crown's House to be searched, for Delinquents Goods.
Upon Information to this House, from the Committee at Haberdashers Hall, "That they are informed, that an Attendant of this House, the Clerk of the Crown, doth harbour in his House Goods of a Person in actual Arms against the Parliament; and do forbear to make any Search in the House, in regard he is an Attendant upon this House."
It is Ordered, That the Officers attending the said Committee are permitted by this House to search the Clerk of the Crown's House, for such Goods.
Earl of Midd. Leave to be absent.
Ordered, That the Earl of Midd. hath Leave to be absent from this House for Twelve Days.
Ordinance for Sale of Delinquents Estates.
Ordered, That the Ordinance concerning the Sale of Delinquents Goods shall be read again on Friday next.
"An Ordinance of the Lords and Commons assembled in Parliament, for the more effectual putting in Execution the Directory for Public Worship, &c.
Ordinance for putting the Directory in Execution.
"Whereas, by an Ordinance of Parliament, made the Third Day of January last past, and intituled, "An Ordinance of Parliament for the taking away the Book of Common Prayer, and for establishing and putting in Execution of the Directory for the Public Worship of God;" it was (amongst other Things therein contained) Ordained, That the said Book of Common Prayer should not remain, or be from thenceforth used, in any Church, Chapel, or Place of Public Worship, within the Kingdom of England, and Dominion of Wales; and that the Directory for Public Worship, in the said recited Ordinance set forth, should be from thenceforth used, pursued, and observed, according to the true Intent and Meaning of the said Ordinance, in all Exercises of the Public Worship of God, in every Congregation, Church, Chapel, and Place of Public Worship, within this Kingdom of England, and Dominion of Wales: Yet nevertheless, in regard that in or by the said recited Ordinance there was no special Direction made or contained, for the speedy dispersing of the said Directory into the several Parishes within the Kingdom of England, and Dominion of Wales, and publishing of the same Directory, nor any Punishment set down, either for the using of the said Book of Common Prayer, or for the non-using or depraving of the said Directory; by Means whereof, there hath been as yet little Fruit of the said Ordinance: The Lords and Commons assembled in Parliament, taking the Premises into serious Consideration, do Ordain, That the Knights and Burgesses of the several Counties shall send printed Books of the said Directory for God's Worship, fairly bound up in Leather, unto the Committees of Parliament residing in the said several respective Counties, who shall with all convenient Speed send the same, and cause them to be delivered unto the several respective Constables, or other Officers, of all the several Parishes, and respective Chapelries and Donatives, within the Kingdom of England, and Dominion of Wales, and Port and Town of Barwicke; (that is to say,) One Book unto the respective Constables, and other Officers, of every One of the said Parishes, Chapelries, and Donatives, to be paid for by the Inhabitants within the said several Parishes and Chapelries.
"And it is further hereby Ordained, by the Lords and Commons, That the several and respective Constables, or other Officers, shall, within One Week after their Receipts of the said Books of the Directory, deliver the said Books unto the several and respective Ministers of the said Parishes, upon Pain that every of the said Constables, or other Officers, that shall make Default therein, shall forfeit and pay, for every such Default, the Sum of Five Shillings, of lawful English Money.
"And it is further hereby Ordained, by the said Lords and Commons, That the said several Ministers shall, on the next Lord's-day after the Receipt of the said Books of the Directory, before the Morning Sermon, openly read, in their several Churches and Chapels, the said Directory for the Public Worship of God.
"And it is further hereby Ordained, by the said Lords and Commons, That, if any Person or Persons whatsoever shall, at any Time or Times hereafter, use, or cause the aforesaid Book of Common Prayer to be used, in any Church, Chapel, or Public Place of Worship, or in any private Place or Family, within the Kingdom of England, or Dominion of Wales, or Port and Town of Barwick, that then every such Person so offending therein shall, for the First Offence, forfeit and pay the Sum of Five Pounds of lawful English Money; for the Second Offence, the Sum of Ten Pounds; and for the Third Offence, shall suffer One whole Year's Imprisonment, without Bail or Mainprize.
"And it is hereby further Ordained, by the said Lords and Commons, that the several and respective Ministers of all Parishes, Churches, and Chapels, within the said Kingdom of England, and Dominion of Wales, and Port and Town of Barwick, shall respectively, from Time to Time, and at all Times hereafter (as much as shall in them lie), pursue and observe the Directory for Public Worship established by Ordinance of Parliament, according to the true Intent and Meaning thereof.
"And it is further Ordained, That every Minister, which shall not henceforth pursue and observe the Directory for Public Worship, according to the true Intent and Meaning thereof, in all Exercises of the Public Worship of God, within the Realm of Engl. and Dominion of Wales, and within the Town and Port of Barwick, shall, for every Time that he shall so offend, lose and forfeit the Sum of Forty Shillings, of lawful English Money; and that what Person soever shall, with Intent to bring the said Directory into Contempt and Neglect, or to raise Opposition against it, preach, write, print, or cause to be written or printed, any Thing in the Derogation or Depraving of the said Book, or any Thing therein contained, or any Part thereof, shall lose and forfeit, for every such Offence, such a Sum of Money as shall, at the Time of his Conviction, be thought fit to be imposed upon him by those before whom he shall have his Trial; provided it be not less than Five Pounds, nor exceeding the Sum of Fifty Pounds.
"And be it further Ordained, by the Authority aforesaid, That no Person or Persons shall be, at any Time hereafter, impeached or molested, of or for any of the Offences last above-mentioned, hereafter to be committed or done contrary to this Ordinance, unless he or they so offending be thereof indicted at the next or Second General Sessions, to be holden before any Justices of Oyer and Determiner, or Justices of Assize, or before the Justices of Peace, at their General Quarter Sessions, next after any Offence committed or done contrary to the Tenor of this Ordinance; and that he be thereof lawfully convicted, according to the Laws of this Realm, by Verdict of Twelve Men, or by his own Confession.
Provided also, and be it Ordained, by the Authority aforesaid, That the Lord Mayor of London, and all other Mayors, Bailiffs, and all other Head Officers, of all and singular Cities, Boroughs, and Towns Corporate, within this Realm, and Dominion of Wales, to the which Justices of Assize do not commonly repair, and that have Commissions of Gaol Delivery directed unto them, or are Counties of themselves, shall have full Power and Authority, by virtue of this Ordinance, to enquire, hear, and determine, the Offences aforementioned, and every of them, Yearly, within Fifteen Days after the 25th Day of March and the 29th Day of September, in like Manner and Form as Justices of Assize and Oyer and Terminer may do.
And it is further Ordained, by the Authority aforesaid, That all Mulcts and Penalties inflicted by this Ordinance, not exceeding the Sum of Five Pounds, shall be levied and paid to the Use of the Poor of the Parish where the said Offence hath been committed; and that all other Fines, exceeding the said Sum of Five Pounds, shall be to the Use of the Poor of the County, City, or Borough respectively, where the said Offences shall be committed, to be disposed by the Justices of the Peace, Mayors, or Bailiffs respectively, at the next General Sessions where and when the said Sums shall be adjudged.
"And it is further Ordered and Ordained, That all Common Prayer Books, remaining in Parish Churches and Chapels, shall, within a Month after the publishing of this Ordinance, be, by the Churchwardens or Constables of the respective Parishes, under the Penalty of Forty Shillings, to be employed as aforesaid, carried unto the Committees of the respective Counties where they shall be found, to be disposed of as the Parliament shall direct."
Letter from Lord Wharton from Berwick, desiring to have Power to treat with the Scots Commissioners where it may be most convenient, and giving an Account of the Marquis of Montrose's Victory over the Parliament Forces in Scotland, and of the State of Affairs there.
"May it please your Lordships,
"We sent Mr. Rowe Post from Yorke into Scotland, to signify our being upon the Way to the Parliament there, who returned to us the Day we came to Barwicke the 16th of this present; and at the same Time Mr. Thomson, Deputy Commissary General, coming to us, related the late sad News out of Scotland, which is now further confirmed from all Hands, and particularly by the Marquis of Argile, who arrived here Yesterday with his Lady and Children by Sea; yet withall, we do not hear that any One of the Lords or Commanders of Quality are either slain or taken Prisoners. The Parliament of Scotland is adjourned till the last Wednesday in November next, to fit at Edinb. or such other Place as the Committee of Estates shall appoint. Upon our Arrival here, we met with this Letter, whereof we send a Copy inclosed, directed to us, from the Parliament of Scotland; and we forthwith dispatched a Messenger to the Lord Lauderdaill, to give Intimation of our coming hither, whose Answer your Lordships will receive herewith: And we perceive, from several Hands, Barwicke is thought to be the fittest and likeliest Place to treat at; and therefore we offer it to the Consideration of the Houses, whether they will not give us Power to treat there, or in any other Place of either Kingdom, as Need shall require, in respect of the Accidents of War, and the Infection of the Plague in these Parts. We desire the Commissions for taking the Accompts of the Scottish Army, and the Ordinance with the Articles which the Committees ought to subscribe, may be directed to us. The Marquis of Argill, the Earl of Lauderdaill, and some others, will endeavour to raise the County of Lothian, and the Parts of the South of Scotland; and the Lord Chancellor and others in the West are doing the like. We have, both by treating with the Committees of Yorke and the other Northern Counties (as we passed through), and by our Letters since, done what possibly we can, to expedite the compleating of the Forces for the Northern Association, and putting these Parts into a Posture of Defence; and the rather, because it is reported that Mountrosse, before this last Fight, had express Command from the King to march into England; and he being now Master of the Field, as is acknowledged by all Men, we desire the Houses will take it into their serious Consideration, what great Danger these Northern Parts are in, and of what evil Consequence it may prove to the whole Kingdom, if timely Care and Remedy be not applied, which is most earnestly desired by
Your Lordships humble Servant,
Berwick, 19th August, 1645.
"By the Advice of the of the Commissioners, I went from Raby, over Staynemore, to meet with the Committees of Westmerland and Cumberland, at Appleby, for the Service of your Lordships and the Public; which is the Excuse I humbly tender for not writing to your Lordships thence, as (I hear) they did to the House of Commons.
"For the Lord Grey of Warke, Speaker of the House of Peers pro Tempore, Westm. These.
Haste, Post Haste.
Letter from the Earl of Lyndsey, Chancellor of Scotland, to Ld. Wharton, to stop at Berwick, on account of the Sickness; and that Commissioners will be sent to treat with him there.
Heareing that you are on your Journey hither from the Parliament of England; and the Parliament here, being to adjourne within Two Dayes, and consideringe the Sickenes is ill at Edinbur. and much dispersed to severall Townes and Places of the Country, have, from the Respect they beare unto your Lordships, for preventing your comeing to any Place where you may bee in Danger, and for your better Conveniency, thought fitt to give your Lordships tymely Advertisement, that you may bee pleased to stay at Barwick, where they will either send a Committee to waite on your Lordships, or appoint some other Place where you and their Committee may meete and treate together; which is all I have in Commaund at this Tyme to signify unto you from the Parliament; but that I am
"Your Lordship's most humble Servaunt,
Perth, 4th Aug. 1645.
Craford Lyndesey, J. P. D. Par.
For the Right Honorable the Commissioners of the Parliament of England.
"Will'm Rowe, Secr. Commiss."
Letter from the E. of Lauderdale, to the same Effect.
"My Lord and Gentlemen,
I was commaunded by the Committee of Estates, neere Peirth, Yesterday was a Sennit, to waite upon you; but the Appearance of an Ingagment this Day Sennit was the Occasion of my Stay. Againe I was commaunded, the Day before the last unhappy Fight, to intreate your Lordshipp to stay where you now are, untill you should heare from the Committee; for the Sicknes beinge soe ill in and aboute Edinburgh, and the Rebbells Motions soe uncertaine, and consequently our Armyes, they could not then appoint a Place; and now our Armye being unadvisedly ingaged, and unfortunatly routed on a Ground when they could neither drawe upp nor fight; where yet (God bee thanked) wee neither lost any Nobleman or Prime Officer: My humble Opinion to your Lordship is, that you stay where you are untill you heare from the Committee; and as soone as I can meete with any Number of them, you shall heare againe from
"Your very affectionate Freind and Servaunt,
Tautallon, the 17th of August, 1645.
For the Right Honnorable the Comissioners of the Parliament of England, at Barwick.
"Will'm Rowe, Secr. Commiss."
Lord Savile's Petition, to be released on Bail.
"To the Right Honourable the House of Peers assembled in Parliament.
"The humble Petition of the Lord Savill;
That your Petitioner is exceedingly troubled, to have given your Lordships any Occasion to be offended with him, who doth profess to value nothing so much as your Lordships good Opinion, nor to endeavour nothing more than to redeem and preserve the same, and particularly to deserve the Favour which he hath lately received from your Lordships, without which he could not be able to live and subsist, as he shall ever with all Thankfulness and Humility acknowledge; and in Confidence of which Nobleness and Goodness, your Petitioner is emboldened humbly to declare unto you,
That, by reason of his streight and long Imprisonment, he is much afflicted with the Pain of the Stone; and that, by reason of the Disaccommodation of this Place, he cannot have those Helps and Necessaries which he is accustomed to have in that Case, so as he is thereby subject to much Misery and Danger; and the more, because it hath pleased God to visit this Place with the Sickness, so as by that Means he cannot enjoy the Company of his Wife.
He therefore humbly prayeth your Lordships Compassion of his Condition; and that you would be pleased to add so much to your former Favour, as to accept of Security for your Petitioner's true Imprisonment, and thereupon to grant him his Liberty for a Time, whereby he may be freed from this present Danger of the Sickness, and be enabled to seek some Help and Remedy for his afflicting Disease.
"And he shall humbly pray for your Lordships Prosperity and Happiness."
Lady Campden's Petition, for a Protection for Mr. Noell's Park near Canterbury.
"To the Right Honourable the Lords assembled in Parliament.
The humble Petition of Hester Viscountess Campden;
That the Committee in London for Provisions of Fuel for the City of London (by virtue of Power given unto them from the Committee of Lords and Commons for Provisions of Fuel) did, contrary to their Order, fell and cut down divers of the Woods and Trees in the Park at Canterbury, in the County of Kent, belonging to your Petitioner's Son Edward Nowell Esquire, to the great Spoil and Defacing both of the Mansion house and Park.
That your Lordships were graciously pleased, upon a late Petition of the Petitioner, to order, That the said Committee should not, by Colour or any Pretence of Power, sell or cut down any more of the Woods in the said Park, nor carry away any Part of such Woods or Timber as was then selled or cut down in the said Park.
"That, by reason there hath been much Timber and Woods carried out of the said Park, the Pale thereof and Mansion-house is very much impaired and broken down, so that (fn. 4) neither the Deer nor Woods can be kept safe and preserved.
"It is therefore the humble and earnest Desire of your Petitioner, that your Honours will be pleased to Order, That such Woods and Timber as was felled by the Appointment of the said Committee, and are yet remaining in the said Park, may be employed for the paling and repairing the said Park and Mansionhouse; and that no Woods or Deer hereafter may be taken out of the said Park, but by the Consent of Mr. Thomas Noell, your Petitioner's Kinsman, and whom I have intrusted for the Good of my Son Edward Noell Esquire, whose Inheritance the said Mansion-house and Park is.
And your Petitioner shall pray, &c.
Ordinance to continue the Weekly Assessment upon Wilts, Dorset, and other Western Counties.
"Whereas there hath formerly passed an Ordinance, of 1 Julii, 1644, authorizing the Committees therein named to put in Execution the Ordinance for Weekly Assessment, bearing Date 10 Maii, 1643, within the County of Wilts, Dorsett, Som'sett, Devon, and Cornwall, the Cities of Bristoll and Exeter, the Town and County of Poole, for Three Months, beginning from the Date of the said Ordinance, which Three Months is long since expired; and there being still a Necessity of raising Money, for the Maintenance and Support of the Forces raised, and to be raised, within the said Counties, now under the Command of Colonel Edward Massey: The Lords and Commons, taking the Premises into Consideration, do Order and Ordain, and be it Ordered and Ordained, That the said Committees named in the Ordinance of the First of July, 1644, shall have full Power and Authority respectively to put in Execution the aforesaid Ordinance for Weekly Assessments, and every Clause contained therein, within the said respective Counties, Cities, and Places; the said Assessment to continue for Six Months from the Date of this present Ordinance: Provided nevertheless, That no Sum or Sums of Money shall be charged, rated, taxed, and levied, upon any the said respective Counties, Cities, and Places, by virtue of this Ordinance, other than according to such several Proportions, Rates, and Distributions, hereafter in this Ordinance expressed; videlicet,
Ordinance to restore Ld. Coventry to his Estate, &c. and to clear him from his Delinquency.
"Whereas Thomas Lord Coventry, with some other Lords, was by the Parliament censured as a Delinquent; and, about Three Years since, upon the voluntary Submission and humble Petition, and the Payment of the Sum of Two Thousand Pounds into Guildhall, the said Lord Coventry and his whole Estate were taken into the Protection of the Parliament; and that Censure wholly remitted, as against him, excepting only his Place and Vote in Parliament, during this present Session, as by Two several Orders doth appear; and since that, the said Lord Coventry hath also paid the Sum of Fifteen Hundred Pounds more into Habberdashers Hall, for his Twentieth and Fifth Part: It is therefore Ordered and Ordained, by the Lords and Commons now assembled in Parliament, That the said Thomas Lord Coventry shall be, and is hereby, cleared, acquitted, and discharged, of his Delinquency, and of his Twentieth and Fifth Part, and of all Censures, Penalties, Forfeitures, Seizures, and Sequestrations, for or upon any Part of his Estate, Real or Personal; and that the said Thomas Lord Coventry is hereby restored to his Estate as aforesaid, and to all his Privileges, his Place and Vote in Parliament during this present Session only excepted; and shall receive and have the Benefit of all his Rents and Profits due unto him; and all Committees, Sequestrators, Collectors, and other Officers whatsoever, are to take Notice hereof, and to yield ready Obedience hereunto accordingly; any former Sentence, Order, Direction, Declaration, or Ordinance, notwithstanding."
"10 February, 1644.
(fn. 5) "An Ordinance of the Lords and Commons assembled in Parliament, concerning the Dutchy Seal of Lancaster, together with the Oath of the Sheriff of Lancaster.
Ordinance concerning the Dutchy Seal of Lancaster.
"The Lords and Commons assembled in Parliament do Order and Ordain, and be it Ordered and Ordained, That William Lord Grey of Wark, and William Lenthall Esquire, Speaker of the House of Commons, shall have Power, and are hereby authorized, to put in Use the Dutchy Seal, for the constituting and making of Sheriffs and Justices of Peace, within the County of Lancaster, and to issue out all Writs and Process, and to do and perform all Acts and Things necessary for the Benefit of the said County, in as ample Manner as any Chancellor of the Dutchy heretofore hath done, or ought to do; and this Ordinance to continue, and be in Force, until both Houses take further Order; and whatsoever the said William Lord Grey of Wark and William Lenthall shall do in Pursuance hereof, they shall be saved harmless, by both Houses of Parliament: And it is further Ordered and Ordained, That the Officers belonging to the Dutchy Court do prepare a Patent, for to make John Bradshaw, of Bradshaw, Esquire, Sheriff of the said County, who is to take the Oath of Sheriff hereunto annexed:
"The Oath of the Sheriff of Lancaster.
The Sheriff's Oath.
"Ye shall swear, That well and truly ye shall serve the King, in the Office of the Sheriff of Lancaster, and do the King's Profits in all Things that belongeth you to do by Way of your Office, as much as you can or may. Ye shall not respite the King's Debts for any Gift or Favour, where you may raise them without great Grievance of the Debtors. Ye shall truly and rightfully treat the People of your Sheriffwick, and do Right as well to Poor as to Rich, in all that belongeth to your Office. Ye shall do no Wrong unto any Man, for any Gift or Promise of Goods, nor Favour nor Hate. Ye shall disturb no Man's Right. Ye shall truly accompt, before the Auditor of the Dutchy of Lancaster, of all them of whom ye shall any Thing receive of the King's Debts. Ye shall nothing take, whereby the King may lose, or whereby that Right may be disturbed, letted, or the King's Debts delayed. Ye shall truly return and truly serve all the King's Writs, as far forth as it shall be in your Cunning. Ye shall have none to be your Undersheriff, or any of your Sheriff's Clerks of the last Year past. Ye shall take no Bailiff into your Service, but such as you will answer for. Ye shall make each of your Bailiffs to make such Oath as ye make yourself, in that that belongeth to their Occupation. Ye shall receive no Writ, by you or any of yours, unsealed. Ye shall make the Bailiffs of the true and sufficient Men in the same County. Ye shall be dwelling in your proper Person, within your Bailywick, for the Time ye shall be in the same Office. Ye shall not let your Sheriffwick, or any Bailywick thereof, to Farm to any Man. Ye shall truly set and return reasonable and due Issues of them that be in your Bailywick after their Estate and Honour, and make your Pannel yourself; and over this, in Eschewing and Restraint of the Manslaughters, Robberies, and other manifold grievous Offences, that may be done daily, and increase in Number, and multiply, so that the King's true Subjects may not safely ride or go to such Things as they have to do, to their intolerable Hurt and Hinderings, Ye shall truly and effectually, with all Diligence (fn. 6) possible to you, execute the Statutes touching the same. All which Premises ye shall duly and truly do and keep, as God help you, and by the Contents of this Book; and also do make a true and faithful Accompt of all such Profits and Casualties as cometh and groweth of the said Office, or that ye shall be charged with in the Time of your occupying the said Office of Sheriffwick, as God you help, and by the Contents of this Book. Also ye shall utterly testify and declare, in your Conscience, That the said King's Highness is the only Supreme Governor of this Realm, and of all other His Highness's Dominions and Countries, as well in all Spiritual and Ecclesiastical Things or Causes, as Temporal; and that no Foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have, any Jurisdiction, Power, Superiority, Preheminency, or Authority, Ecclesiastical or Spiritual, within this Realm; and therefore ye shall truly renounce and forsake all Foreign Jurisdictions, Power, Superiorities, and Authorities, and shall promise, that from henceforth ye shall bear Faith and true Allegiance to the said King's Highness, His Heirs, and lawful Successors; and to your Power shall assist and defend all Jurisdictions, Privileges, Preheminences, granted or belonging to the said King's Highness, His Heirs and Successors, or united or annexed to the Imperial Crown of this Realm. So help you God, and by the Holy Contents of this Book.
"Cler. Parl. D. Com."
House adjourned till 9a cras.