DIE Martis, 29 die Februarii.
PRAYERS.
Domini præsentes fuerunt:
Comes Warwicke, Speaker.
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Comes Northumb.
Comes Mulgrave.
Comes Salisbury. |
Ds. Grey.
Ds. North.
Ds. Dacres.
Ds. La Warr.
Ds. Howard. |
Letter from the Commissioners in Scotland.
A Letter from the Earl of Nottingham, from Edinburgh, dated Feb. 22, 1647, with Papers inclosed, were
read. (Here enter them.)
Ordinance to continue the Admralty Committee.
An Ordinance was presented, and read, for continuing of the Committee of the Admiralty for Seven
Months; and approved of, and ordered to be sent to
the House of Commons for their Concurrence.
Sea Laws.
Ordered, That the House of Commons be put in
Mind of expediting the Sea Laws for Mariners, there
being great Necessity of them.
Sir N. Brent and the Inhabitants of Gedney.
Mr. Justice Bacon reported, "That himself and Mr.
Justice Godbolt have heard the Business referred unto
them, concerning Sir Nathaniell Brent, touching
Gedney; and they have drawn up their Opinion in a
Paper."
Which he delivered in. And the same was read.
(Here enter it.)
Also a Petition of Sir Nath. Brent and others, was
read; desiring "to be restored to their Possessions; and,
being so restored, they will appear gratis, and speed
a Trial in any Court at Westm."
It is Ordered, That the other Parties are to have
a Copy of this Petition, and return their Answer within
Ten Days after Notice; else this House will proceed
according to Justice.
Message to the H. C. with Ordinances to continue the Admiralty Committee;- about the Sea Laws; -and to remind them of Lady Moor's Petition.
A Message was sent to the House of Commons, by
Doctor Aylett and Mr. Hakewill:
1. To deliver to them the Order for continuing the
Committee for the Admiralty for Seven Months longer,
and desire their Concurrence therein,
2. To put them in Mind of the Sea Laws.
3. To recommend to them the Petition of the Lady
Moore.
Writs of Error brought in.
Mr. Justice Bacon, Senior Judge of the Court of
King's Bench, brought in this Day these Writs of Error
following; (videlicet,)
Andrewes & Woolman.
Serjeant & Woolman.
Andrewes & Woolman.
Jolley & Reynolds.
Glide & Spragne.
Lenthall & Raven.
Turfett & Sutterton.
Ds. Rich & Trigge.
Webber & Ison.
Weedon & Lodge.
Millward & Annable.
Edmonds & Kent.
Johnson & Barrett.
Elliott & Stode.
Wilds & Rogers.
Martin & Dennis le Barber.
Jolley & Bambrigge.
Maybancke & Baker.
Pountney & Edmonds.
Griffins & Squire.
Chamberlaine & Cottingham.
Liskins & Babington.
Gallop & Raymond.
Swymer & Jolley.
Halke & Crewe.
Hudson & Somer.
Payne & Asty.
Austin & Turley.
Horsfell & Hewitt.
Brunton & Allies.
Stanberry & Finch.
Williams & Dirrett.
Certiorari pro Darke.
Ordinance to attaint Jenkins.
The Ordinance for attainting David Jenkins, was
read the First Time.
Ordinance to make St. Giles's at Pontefract, Parochial.
The Ordinance for making St. Gyles' Church, at
Pomfract, a Parochial Church, was read the Third
Time, and passed; and ordered to be sent to the House
of Commons for their Concurrence.
Message from the H. C. with Votes, Orders, and Ordinances.
A Message was brought from the House of Commons,
by Mr. Swinfen; who brought up divers Particulars,
wherein they desire their Lordships Concurrence:
1. Votes that none raise or list Soldiers for any Foreign
Forces. (Here enter them.)
Agreed to, and ordered to be printed and published.
2. An Order for Wm. Ashurst to be Clerk of the
Crown for the Dutchy of Lancaster.
(Here enter it.)
Agreed to.
3. Additional Names to the Committee for Devon.
4. An Order for Mr. Fenwicke to be Register of the
Ecclesiastical Court of Durham.
(Here enter it.)
Agreed to.
5. Order for Five Hundred Pounds to Major Harley.
6. Ordinance for One Thousand Pounds for Colonel
John Bingham.
7. Ordinance for One Thousand Pounds for Colonel
Wm. Sydenham.
8. An Order for Five Hundred Pounds for Colonel
John Fenwicke.
9. Divers Ordinances of Compositions for taking off
Sequestrations of Delinquents.
The Answer returned was:
Answer.
That this House agrees to the Votes against raising and
listing of Soldiers for Service of any Foreign Prince or
State, and to the Order for Mr. Ashurst to be Clerk of
the Crown for the Dutchy of Lancaster, and to the
Order for Mr. Fenwicke to be Register of the Ecclesiastical Court of Durham: To all the rest; their Lordships will send an Answer by Messengers of their own.
Knipe, Halhead, Wilson, & al. to be attached, for the Riot at Kendall.
Upon reading again the Information and Certificate
of the Committee for Sequestrations, within the Barony
of Kendall and County of Westm'land; complaining of
a great Riot there:
It is Ordered, That any One or more of the Justices
of the Peace of that County shall, according to Law,
attach the Bodies of Anthony Knipe, Miles Halhead, Alan
Wilson, Captain Huddleston Phillipson, Leonard Ayrey,
Regnald Harrison, and (fn. *) commit them to the Gaol; and
in case any Resistance be, then the Sheriff do assist, with
the Power of the County, as also Major General Lambert: And it is further Ordered, That they shall be
proceeded against at the next Assizes to be held for
that County, to be punished according to their Offences,
and according to Justice, whereof this House expects
a strict Account; and that the Magazine and Arms,
which were taken away by the Parties aforesaid, or any
others, from the Committee in August last, shall be
re-delivered.
Sir Jerv. Clifton's Ordinance:
The Ordinance for the Composition of the Delinquency of Sir Jervais Clifton, was read.
His Petition, desiring to have the Benefit of the Articles of Newark, &c.
Then the Petition of the said Sir Jarvais Clifton was
read; (fn. *) desiring "he may have the Benefit of the
"Articles of Newarke, for the Abatement of his Fine;"
and desiring "to have a Review of his Composition."
It is Ordered, That the Articles of Newarke, and
the Ordinance for those which came in by the First of
May should pay but the Third Part, shall be perused on
Thursday Morning next.
Ordinance for Feoffees for Lanc. School.
An Ordinance for appointing Feoffees for the School
of Lancaster, was read, and passed.
Letter from the Commissioners in Scotland, with the following Papers.
"To the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro
Tempore. Present these.
"May it please your Lordship,
"On Friday the 18th of February, we arrived in
Edenburgh, where the Gentlemen who came before
us hither gave us to understand, that they had sent a
Letter to the Lord Chancellor, a Copy whereof is
here inclosed. On Saturday the 19th, the Lord
Chancellor came to us, sent from the Committee of
Estates, to see our Commission or Letters of Credence; which we shewed him: Upon Sight whereof,
finding they were directed to the Parliament of Scotland, he was pleased to tell us, "That the last Parliament was determined, and this was not yet met."
Whereupon we were necessitated to shew him so
much of our Instructions as did direct us to make
Application to the Committee of Estates, and did
warrant the Paper lately sent to them. All which
being comprehended in a Letter from the Chancellor and an Answer to it, I have inclosed sent you
Copies of them both. And because we might possibly be delayed until the Parliament shall sit, which
is more than a Week to come, we did (considering
the State of Affairs here) add something in the End
of our Letter which we thought was for your Service, the promoting whereof shall be the constant
Endeavour of
"Your Lordship's
"Humble Servant,
From Edenburgh, Feb. 22, 1647.
"C. Nottingham."
Letter from them to the Chancellor of Scotland, desiring an Audience of the Committee of Estates.
"A Letter to the Lord Chancellor of Scotland.
"May it please your Lordship,
"We are sent, from both Houses of the Parliament
of England, Commissioners unto the Committee of
Estates, Convention of Estates, and Parliament, of
the Kingdom of Scotland; and hearing that the Committee of Estates do meet this Day, we do entreat
your Lordship to move them, on our Behalf, That
they would be pleased to appoint in what Way we
may impart to them what we have in Command from
both Houses with as much Speed as may stand with
their Conveniency; wherein you will do a special
Favour unto,
"My Lord,
"Your Lordship's
"Most humble Servants,
Edinburgh, 10 Feb. 1647.
"Wm. Ashurst.
"Jo. Birch."
His Answer:
"A Copy of a Letter from my Lord Chancellor
of Scotland, to the Commissioners.
"Right Honnorable,
"I did comunicate your Letter Yesterday to the
Committee of Estates; who have comaunded me to
make knowne to you, That they will take your Desire into Consideration, and retourne an Answere
speedily. And I shall be ready upon all Occasions to
testify that I am
"Your most humble Servant,
Hollyrood House, Febr. 11, 1647.
"Loudonn."
Letter from the Commissioners, to the Chancellor, with the following Paper.
"A Copy of the Second Letter from the Commissioners to the Chancellor of Scotland.
"May it please your Lordship,
"We do acknowledge your Lordship's Favour, in
presenting the Desires in our former Letter unto the
Right Honourable the Committee of Estates; and
now, after we have resided here so many Days, we
judge it our Duty, both to let your Lordship know
in general wherefore we are sent to them, and to
enable ourselves to give some Account to the Parliament of England what we do in Pursuance of their
Commands. Therefore we do further humbly entreat your Lordship, to communicate the inclosed
Paper to the Right Honourable the Committee of
Estates; whose Resolutions we shall attend, concerning the Way of our further Proceedings,
"My Lord,
"Your Lordship's
"Most humble Servants,
Edinburgh, 15 Feb. 1647.
"Will. Ashurst.
"Jo. Birch."
Paper from them, containing the Reasons of their being sent to Scotland.
"A Copy of the First Paper sent from the Commissioners, to the Committee of Estates of
Scotland.
"We, the Commissioners of both Houses of Parliament of England, have in Charge from them, to declare unto the Committee of Estates, Convention of
Estates, and Parliament, of the Kingdom of Scotland,
That it is their unfeigned Desire, and shall be their
constant Endeavour, to maintain and preserve a good
Correspondency, a right Understanding, a Brotherly
Agreement, between the Parliament and Kingdom of
England, and the Parliament and Kingdom of Scotland; and that they do sincerely intend to do all
Things (which with Honour and Justice) lies in their
Power, to give Satisfaction to their Brethren of Scotland; to which End they have sent us, that all contrary Impressions (that possibly might arise) may be
removed, and their unfeigned Desires manifested, to
continue the happy Conjunction betwixt the Two
Kingdoms in that One Common Cause, and against
the Common Enemy, wherein they have been so
long (with the Blessing of God) united; it being
that whereunto we are deeply obliged by so many
mutual Engagements, and wherein the Glory of
God, the Interest of all that profess the true Reformed Religion, and the Tranquillity and Peace of
both these Kingdoms, are so mutually concerned:
Upon which Considerations, we cannot doubt but
that the like Affection and Desire will be manifested
by the Parliament of the Kingdom of Scotland, your
Lordships, and all other in Power and Trust under
them.
"By the Command of the Commissioners
of the Parliament of England.
"John Squibb, Secretary."
Letter from the Chancellor of Scotland, desiring they will communicate their Powers to the Committee of Estates.
"A Copy of the Letter from my Lord Chancellor
of Scotland, to the Commissioners, concerning
his communicating to the Committee of Estates
our Desire to make known to them our Commission and Power from both Houses of the
Parliament of England.
"My Lord and Gentlemen,
"I received your Letter of the 15th, with the inclosed Paper, which I comunicated to the Committee
of Estates; who have appointed me to desire, that
you would be pleased to make knowne the Commission, or Powers, you have from the Two Houses
of the Parliament of England: After which, they
will take your Desires speedily into Consideration.
This being all I have in Commaund at this Tyme,
I rest
"My Lord and Gentlemen,
"Your most humble Servant,
"Loudonn.'
Answer from the Commissioners, desiring they will entertain no Misapprehensions of the Proceedings of Parliament; and to preserve a good Correspondency.
"A Copy of the Commissioners Letter, in Answer
to my Lord Chancellor's last Letter.
"My Lord,
"The last Night we received, in a Letter from
your Lordship, that which upon Saturday the 19th
of this Month you were pleased to deliver us by
Word of Mouth from the Committee of Estates;
in Answer whereunto, we did then shew unto your
Lordship our Letters of Credence unto the Parliament of Scotland (whereof, because we have a Duplicate, we have for better Satisfaction sent you inclosed One of the Originals), which we doubt not will
give Satisfaction unto the Right Honourable the
Committee of Estates; to whom both Houses of the
Parliament of England are so desirous to shew all
Respect, that (we are confident) they would have sent
to them also in a particular Letter of Credence, if it
would have been judged necessary or usual. Besides,
we did then shew unto your Lordship, that both
Houses of the Parliament of England did, upon the
29th of January last, pass Instructions (which, having the Force of an Ordinance of Parliament, are
both a Commission and Instructions) unto Charles Earl
of Nottingham, Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, William Ashburst, and Colonel
John Birch, Esquires, appointed Commissioners to
the Kingdom of Scotland: And we did then let your
Lordships see so much of our Instructions, as did
make it appear that the said Commissioners, or any
Two of them, were commanded, in the Name of
both Houses of the Parliament of England, to make
Addresses, unto not only the Parliament of this
Kingdom, but also unto the Convention and Committee of Estates; and that we had sufficient Warrant, in those Instructions, for the Paper of the 15th
of February last, now mentioned in your Lordship's
Letter, wherein we did declare the unfeigned Desire
of the Parliament of England to preserve and continue a good Understanding and a Brotherly Agreement betwixt these Two Kingdoms, who are, by the
Blessing of God, in so happy a Conjunction. And
now, having this Opportunity, we do entreat your
Lordship to present from us this further Desire unto
the Right Honourable the Committee of Estates,
That they would entertain no Misapprehensions of
the Proceedings of the Parliament of England; but,
if any such should be, that we may be heard; it being
the Resolution of the Parliament of England to give
Satisfaction to the Kingdom of Scotland in all just and
honourable Things: Which is all wherewith we shall
at present trouble your Lordship; but shall wait
upon the further Resolutions of the Committee,
and remain
"My Lord,
Edinburgh, 22 Feb. 1647
"Your Lordship's humble Servants."
Fenwick to be Register of the Courts in York, &c.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Place of Register in the Ecclesiastical or Civil Courts in Yorke or Duresme, when
they shall be settled, be bestowed upon Mr. Robert
Fenwicke, in further Consideration and Recompence
of his faithful Services and great Losses."
Order for Ashhurst to be Clerk of the Crown in Lancaster.
"Ordered, by the Lords and Commons assembled
in Parliament, That William Ashburst Esquire be, and
is hereby constituted and appointed, Clerk of the
Crown, in the County Palatine of Lancaster; to
have and hold the said Office, with all the Advantages, Profits, Rights, and Emoluments, thereunto
of Right lawfully belonging and appertaining, during
his Natural Life; the same being void by the Delinquency of Alexand'r Rigby, of Burgh, Esquire:
And the Clerk of the Dutchy, or such other Person
to whom it appertains, is hereby authorized and required to prepare a Grant of the said Office, in usual
Form, to the said William Ashburst, as aforesaid, accordingly: And the Chancellor or Chancellors of
the Dutchy and County Palatine of Lancaster for
the Time being are hereby likewise authorized and
required to pass the said Grant, so prepared, under
the Seals of the Dutchy and County Palatine of
Lancaster, accordingly."
"Resolved, &c.
Votes to prevent the Listing Forces for Foreign Princes.
"That no Person or Persons whatsoever presume to
raise, list, muster, or gather together, any Soldiers
or Forces, upon Pretence of transporting them for
the Service of any Foreign Prince or State, within
the City of London, or within Ten Miles of the said
City.
"Resolved, &c.
"That no Person or Persons whatsoever presume to
raise, list, muster, or gather together, any Soldiers
or Forces, in any Place of this Kingdom, for the
Service of any Foreign Prince or State, or to transport any Soldiers or Forces out of this Kingdom,
without the Special Licence of the Committee of
Derby House."
"26 Feb. A°. 1647.
Sir Nath. Brent and the Inhabitants of Gedney.
"According to your Lordships Order of the Fourth
Day of this Instant Month, in the Presence of Sir
Nathaniell Brent, and of his and the other Petitioners
Counsel, we have perused (fn. *) the Copies of Four
several Affidavits, attested under the Hand of Mr.
Browne, Clerk of the Parliament, the Originals
whereof we conceive do remain in this Honourable
House; and thereby it doth appear, that Possession
of several Grounds in the said Affidavits mentioned
have for some Times gone with the Petitioners, or
those under whom they claim; and that such their
Possession hath been disturbed of late Years, as by
the said Affidavits more particularly appears; but
what particular Persons made such Disturbance, it
doth not appear: And several Persons, affirming
themselves to be some of the Inhabitants of Gedney
in the Petition mentioned, did likewise appear before
us; and, by their Counsel, alledged, "That the said
Inhabitants had Title of Common in the Ground in
Question; and that the Inclosures thereof have been
within the Space of Twelve Years, or thereabouts,
upon Articles made between certain Patentees from
the Crown and the Commoners and others, which
Articles, as they alledge, were never performed;
and that, by the said Articles, they are not to be
excluded of their Common till Performance of the
said Articles:" But the Petitioners alledged, "That
the Lands whereunto they make Claim are neither
comprized within such Articles, nor were Commonable
Grounds by the said Inhabitants." The Truth of
which Things, we conceive, will require a more large
Examination than we have Power to take.
"All which we leave to your Lordships further
Consideration.
"Francis Bacon.
"Jo. Godbold."
Eaton to be instituted to Cudsden;
Ordered, That Doctor Aylett give Institution and
Induction unto Rob't Eaton Clerk, to the Vicarage of
Cudsden, in the County of Oxon, void by the Cession of
the last Incumbent; salvo Jure, &c.: Presentation under
the Great Seal.
Godwin to Herne;
Ordered, That Doctor Aylett give Institution and
Induction unto Edmond Godwin Clerk, Master of Arts,
to the Vicarage of Herne, in the County of Kent, void
by the Death of the last Incumbent; salvo Jure, &c.:
Presentation under the Great Seal.
and Ranew to Felsted.
Ordered, That Doctor Aylett give Institution and Induction unto Nathaniell Ranew Master of Arts, unto
the Vicarage of Felsted, in the County of Essex, void
by the Death of the last Incumbent; salvo Jure cujuscunque: Presentation under the Hands and Seals of
Rob'te Earl of Warwick, Edward Earl of Manchest'r,
John Lord Robartes, Stephan Marshall, Edmond Callamy,
and Obadiah Sedgwicke, Patrons.
Adjourn.
House adjourned till 10a cras.