DIE Lunæ, 2 die Octobris.
PRAYERS, by Mr. Carter.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Hereford.
Answer from the H. C.
Mr. Page and Dr. Aylett return with this Answer
from the House of Commons:
That they agree to the Business concerning the
Keepership of Hyde Parke: To all the rest, they will
send an Answer by Messengers of their own.
L. Herbert, a Pass.
Ordered, That the Lord Herbert of Cherbery shall
have a Pass, to go into Wales, and return again to
Letter, &c. from the Commissioners with the King.
A Letter from the Commissioners treating with the
King, in the Isle of Wight, was read, with the Papers
inclosed. (Here enter them.)
Letter from the King:
Also a Letter from the King was read, brought by
Captain Titus, who is commanded by the King to stay
for an Answer.
A Paper likewise, inclosed, was read.
(Here enter them.)
Message to the H. C. with it.
A Message was sent to the House of Commons,
by Mr. Page and Dr. Aylett:
To communicate to them the King's Letter, with
the Paper inclosed; with a Desire that, when they be
read, they would return the Originals to this House,
and keep Copies of them; their Lordships being unwilling to detain a Business of this Importance so long
from them as to take Copies.
The House called.
The House was this Day called, according to former Order; and these Lords were absent:
|Lord La Warr.
|Lord Viscount Say & Seale.
|Earl of Stamford.
|Earl of Midd.
|Earl of Bridgwater. A Proxy.
|Earl of Salisbury.
|Earl of Pembrooke.
|Earl of Rutland.
|Earl of Northumb.
|Earl of Oxon.
To be called again.
Ordered, That this Day Sevennight this House
shall be called again; and such Lords as are not now
present, or excused, or shall not then upon another
Summons attend this House, shall be fined Fifty Pounds
Absent Lords to pay.
Ordered, That every Lord that shall be absent
without Leave of this House, or beyond his Day of
Leave, shall pay to the Poor, according to the ancient
Order of this House.
Gideon, a Pass.
Ordered, That Wm. Gideon Esquire, with Charles
Collins his Servant, shall have a Pass, to go into France,
and return into England.
E. of Lauderdale's Creditors Petition for his Goods.
Upon reading the Petition of Theodosia Lady Dudly,
Steven Thornby, Rob't Inglish, &c. Creditors of the
Earl of Lauderdaill; desiring, "the Goods of the Earl
of Lauderdaill, sequestered, may not be sold, until
they be heard by the Committee of Lords and Commons for Sequestrations:"
It is Ordered, That the Ordinance mentioned in
the Petition shall be considered of To-morrow Morning.
Answer to the King.
Ordered, That this House will To-morrow Morning consider what Answer to return the King to His
Message read this Day.
(fn. *) Revoked.
"Resolved, by the Lords in Parliament assembled,
That they do approve of the Answer of the Commissioners appointed to treat with the King, in the
Isle of Wight, dated the 28th of September last; and
do return Thanks unto them, for their great Care
and faithful Pursuance of their Instructions; and that
they be hereby further desired to press His Majesty
for His Answer to the Proposition concerning the
Church, and to proceed in the Treaty according to
Ordered, That the Concurrence of the House of
Commons be desired in this Vote.
Ordered, That this Vote be revoked, and not to
be sent to the House of Commons.
Order concerning Peers.
Ordered, That no Business shall pass this House,
which concerns a Peer of this Realm, before he hath
Notice given him of it from the House.
L. Howard to be considered, for losing Hyde Park.
In regard that the Lord Admiral hath the Keepership
of Hyde Parke conferred upon him, which was formerly given by this House to the Lord Howard of
It is Ordered, That the Lord Howard shall have the
next Thing of this Nature as falls conferred upon him.
Message from the H. C. with a Letter to the Commissioners with the King; with Orders and Ordinances; and to remind the Lords of the one to remove Obstructions in the Sale of Bishops Lands.
A Message was brought from the House of Commons,
Mr. Wheeler; who brought up divers Particulars,
wherein their Lordships Concurrence is desired:
1. They having received some Papers from the Commissioners in the Isle of Wight, have framed a Letter
from both Houses, to be sent to them. (Here enter it.)
Agreed to; and ordered to be signed by both
2. An Ordinance concerning the Salaries to the Judges
of the Court of Admiralty. (Here enter it.)
3. An Order for Mr. Norton and Mr. Horseman to be
added to the Committee of Sequestrations, and all other
Committees, in Com. Rutland. (Here enter it.)
4. An Order, giving Power to the Committee for regulating the Excise, to give Allowance to the Commissioners of Excise, and their Under Officers, of such Monies as shall be taken from them by Force.
Agreed to, with an Alteration.
5. An Order concerning Mr. Paston's Estate.
(Here enter it.)
6. An Ordinance for taking off the Sequestration of
Clement Paston. (Here enter it.)
7. To put their Lordships in Mind of the Ordinance
for removing some Obstructions in the Sale of Bishops
The Answer returned was:
That as concerning the Ordinance concerning the
Commissioners of the Excise, and the Ordinance concerning the removing some Obstructions in the Sale of
Bishops Lands, their Lordships will take them into Consideration, and will send an Answer by Messengers of
their own: To all the rest of the Orders and Ordinances now brought up, their Lordships do agree to
Ld. Colraine and Lady Delawar.
Ordered, That To-morrow Sevennight this House
will hear the Counsel, in the Matter between the Lady
La Warr and the Lord Colerayne.
Letter from the Commissioners with the King, with the following Papers concerning the Treaty.
"For the Right Honourable the Speaker of the
House of Peers pro Tempore. These. Westminster.
"By our last, of the 25th of September Instant, we
gave your Lordship an Account of our Proceedings
the last Week. Since that Time, we upon the same
25th put in our Paper upon the Propositions concerning the Church, herewith sent you; which the King
received. And upon Thursday, being the 28th, the
King delivered us a Paper, which afterwards we returned back, with the Paper here inclosed; conceiving (upon Consultation had with our Commission and
Instructions) we had no Power to receive it. But the
King, after hearing of our Paper read, refused to receive it, or His own back again; and left them upon
the Table where we sat to treat: And so we all then
departed. The next Morning, being the 29th Instant, we met again with His Majesty; and then His
Majesty offered us Two other Papers; which being
read, we discerned them to relate to His former Paper
which was left upon the Table, as is before expressed.
Therefore, conceiving by our Commission and Instructions we had no Power to receive them, we did refuse
to accept them; and afterwards we withdrew, and
presented His Majesty with the Paper inclosed, to
desire His Answer to our Propositions delivered in
concerning the Church, unto which we as yet have
received no Answer. And of this we thought it our
Duty to give your Lordship an Account; and shall
further acquaint your Lordship with our Proceedings,
as there shall be Occasion; and shall remain,
Newport, 19 Sept. 1648.
"Your most humble Servants,
Pembrooke & Mount. Salisbury.
Wm. Say and Seale."
** The Commissioners Ninth Paper, containing the Propositions of the Church.
"Newport, the 25th Sept. 1648.
"We humbly desire Your Majesty to give Your
Royal Assent to the Propositions, Bills, and
Ordinances ensuing, concerning the Church:
"First, That a Bill be passed, for the utter abolishing and taking away of all Archbishops, Bishops,
their Chancellors and Commissaries, Deans and Subdeans, Deans and Chapters, Archdeacons, Canons,
and Prebendaries, and all Chanters, Chancellors,
Treasurers, Sub-treasurers, Succentors, and Sacrists,
and all Vicars Choral and Choristers, Old Vicars and
New Vicars, of any Cathedral or Collegiate Church,
and all other their Under Officers, out of the Church
of England and Dominion of Wales, and out of the
Church of Ireland.
"And that the several Ordinances herewith delivered, the one intituled, "An Ordinance of Parliament
for abolishing of Archbishops and Bishops within the
Kingdom of England and Dominion of Wales, and for
settling of their Lands and Possessions upon Trustees,
for the Use of the Commonwealth;" the other intituled, "An Ordinance of the Lords and Commons
assembled in Parliament, for appointing the Sale of
Bishops Lands, for the Use of the Commonwealth;"
be confirmed by Act of Parliament.
"That the Ordinances herewith delivered, concerning
the Calling and Sitting of the Assembly of Divines, be
confirmed by Act of Parliament.
"That Reformation of Religion (according to the
Covenant) be settled, by Act of Parliament, within
the Kingdoms of England and Ireland, and Dominion
of Wales, in such Manner as both Houses have agreed,
or shall agree upon, after Consultation had with the
Assembly of Divines; and particularly, that Your Majesty will confirm, by Act of Parliament, the Directory herewith presented, for the Public Worship of
God, in the Kingdoms of England and Ireland, and
Dominion of Wales, together with the several Ordinances herewith also delivered, of the 3d of January,
1644, and of the 23th of August, 1645, concerning
the taking away of the Book of Common Prayer, and
establishing and putting in Execution of the said Directory.
"That Your Majesty will likewise confirm, by Act of
Parliament, the Form of Church Government herewith presented, to be used in the Church of England
and Ireland, and also the Articles of Christian Religion herewith delivered, and the Ordinances herewith presented for the better Observation of the
"That Your Majesty may be pleased to swear and
sign the solemn League and Covenant herewith presented; and that Acts of Parliament be passed, for
enjoining the taking thereof by all the Subjects of
the Kingdoms of England and Ireland, and (fn. *) of taking
the same in both the said Kingdoms, be confirmed by
Acts of Parliament, with such Penalties as shall be
agreed upon by both Houses.
"That Your Majesty will give Your Royal Assent
to the Bill for suppressing Innovations in Churches
and Chapels, in and about the Worship of God, &c.
and for the better Advancement of the Preaching of
God's Holy Word in all Parts of this Kingdom; and
to the Bill against enjoying Pluralities of Benefices by
Spiritual Persons, and Non-residency, which have been
formerly delivered to Your Majesty; and to an Act, to
be framed and agreed upon in both Houses of Parliament, for the regulating and reforming of both Universities, and of the Colleges of Westminster, Winchester, and Eaton.
"And that, for the more effectual disabling Jesuits,
Priests, Papists, and Popish Recusants, from disturbing the State, and (fn. *) deluding the Laws, and for the
Discovering and speedy Conviction of Popish Recusants, an Oath be established by Act of Parliament,
to be administered to them, wherein they shall abjure
and renounce the Pope's Supremacy, the Doctrine of
Transubstantiation, Purgatory, Worshiping of the
Consecrated Host, Crucifixes, and Images, and all
other Popish Superstitions and Errors; and refusing
the said Oath (being tendered in such Manner as shall
be appointed by the said Act) to be a sufficient Conviction of Popish Recusancy.
"That Your Majesty will consent to an Act or Acts
of Parliament, for the Education of the Children of
Papists by Protestants, in the Protestant Religion;
and to an Act or Acts for the true Levy of Penalties
against them; which Penalties to be levied and disposed in such Manner as both Houses shall agree on,
wherein to be provided, that Your Majesty shall have
"That an Act or Acts be passed in Parliament, whereby the Practices of Papists against the State may be
prevented, and the Laws against them duly executed,
and a stricter Course taken to prevent the Saying or
Hearing of Mass in the Court, or any other Part of
this Kingdom, or the Kingdom of Ireland.
"Copia vera, ex'r,
** The Commissioners Tenth Paper.
"Newport, this 28th of September, 1648.
"Upon the Paper delivered by Your Majesty this
28th Day of September, we acquainted Your Majesty,
That we had not resolved whether we might retain
your Paper or not; and since, upon Perusal and Consideration thereof, and of our Commission and Instructions, we find that, albeit Your Majesty will be
pleased to style them Your Propositions, yet they are
as Answers to the Four Propositions first to be treated
on, and to divers of the rest, and are so expressed in
Your Majesty's Paper, in these Words, "His Majesty
having thus far expressed His Consent for the present
Satisfaction and the Security of His Two Houses of
Parliament, and those that have adhered to them,
touching your Four First Propositions;" and in other
Parts of your Paper. And therefore, being by our
Instructions to proceed in the First Place upon the
Four Propositions in Order, and upon the rest as they
are placed, as hath been already declared to Your
Majesty in our Paper of the 18th of this Instant; and
finding that you have given Answers to the First Four
Propositions and divers of the rest together, without
admitting Debate upon the Propositions severally, by
which we should have endeavoured to have given
Your Majesty Satisfaction in the several Propositions
as they had been treated on; we humbly herewith
return Your Majesty's Paper, and desire Your Answer
to the Paper delivered the 25th of this Instant, concerning the Church, whereunto Your Majesty hath
given no full Answer in Your Paper.
"Copia vera, ex'r,
** The Commissioners Paper, desiring an Answer to the Proposition concerning the Church.
"Newport, the 29th of Sept. 1648.
"We humbly desire Your Majesty's Answer to our
Paper concerning the Church, delivered in to Your
Majesty the 25th of this instant September.
"Copia vera, ex'r,
Ordinance for allowing a Salary of Five Hundred Pounds per Annum, for Salaries for the Judges of the Court of Admiralty.
"Whereas both Houses of Parliament did, by their
Ordinance of the 13th April last past, constitute and
ordain William Clarke, John Exton, and Isaac Dorislaus, Doctors at Law, and every of them, to be Judges
of the High Court of Admiralty, to continue for Three
Years next after the Date hereof, and no longer: In Consideration of the great Pains to be taken by the said respective Judges, and their constant Attendance in Discharge of their Places, and the Charges to be thereby expended, be it Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners
and Collectors of the Customs in the Port of London
for the Time being do, out of the Customs received,
or to be received, in the said Port, pay unto each of
the said Judges, or to such as shall be Judges in their
stead for the Time being, during the aforesaid Time,
the Sum of Five Hundred Pounds per Annum severally,
to be paid unto them Quarterly, from the said 13th
Day of April last past; and their Receipts, with this
Ordinance, shall be a sufficient Discharge to the said
Commissioners, and Warrant to be allowed on their
Accompts: Provided, and be it hereby Declared,
That the said Judges of the Admiralty, or any of
them, or any Judge that shall hereafter be of that
Court, do not take any Fees of the Subject, upon
any Claim or Pretence whatsoever."
Committee for Sequestrations in Rutland.
"Ordered, by the Lords and Commons in Parliament assembled, That Benjamin Norton Esquire, and
Mr. Edward Horsman Gentleman, be added to the
Committee of Sequestration, and all other Committees, in the County of Rutland."
Order to appoint Trustees for Paston's Estate.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir William Paston Baronet, Sir John Palgrave, Sir John Potts,
Knights and Baronets, John Gurdon, Miles Corbett,
and John Spelman, Esquires, be, and are hereby, authorized, nominated, and appointed, Tenants to the
State, and Trustees for managing and receiving the
Rents and Profits, and making Leases of the Estate, of
Clement Paston of Thorpe juxta Norwich, in the County
of Norff. Esquire, a Recusant (except the Lands, Tenements, and Hereditaments, by him compounded for,
or assigned to him for his Third Part), all which he
the said Clement Paston is to dispose of, possess, and
enjoy: And it is further Ordered, That the said Tenants or Trustees do from Time to Time pay over to
the State, the Rents, Issues, and Profits, of all the
Lands so to them intrusted, during the Time they shall
lie under Sequestration and be payable to the State
for his Recusancy, and to take Care that no Impeachment or Waste be committed upon the said 'State: And
the Committees, Treasurers, and Solicitors of Sequestrations, and all other Persons whom it doth or may
concern, are hereby enjoined and required to deliver
up the said Estate, not compounded for or assigned as
aforesaid, into the Hands and Management of the
said Trustees accordingly."
Order to free Part of it from Sequestration.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Five
Hundred Pounds be accepted of Clement Paston, of
Thorpe juxta Norwich, in the County of Norffolke,
Esquire, as a Composition, for remitting into his Hands
and Possession, and to his full Power and Dispose, all
those Messuages, Lands, Tenements, and Hereditaments, mentioned in his Particular entered at Gouldsmiths Hall, being Part of the Two Third Parts of his
Estate sequestered for his Recusancy; and that the said
Lands and Premises, so compounded for as aforesaid,
be, and are hereby, discharged from all Sequestration,
and from all Process and Proceedings, had, made, or
to be had or made, in His Majesty's Court of Exchequer, for or concerning the said Lands and Premises:
And the Barons of the Exchequer, Committees, Treasurers, and Solicitors of Sequestrations, and all other
Persons whom it doth or may concern, are hereby required respectively to take Notice of this Order, and
to yield ready and full Obedience thereunto."
Letter to the Commissioners with the King, approving of their Proceedings.
"My Lords and Gentlemen,
"The Houses of Parliament, upon reading of your
Letter of the 29th of September, with the Papers
therein contained, and upon Consideration thereof,
have fully approved your Proceedings therein, in refusing the Paper delivered unto you by the King,
which they have since received, it being contrary to
your Instructions, and no Way satisfactory: And the
Houses have commanded us to return you their Thanks,
for your careful and prudent managing of that Business; and do desire that you continue still in proceeding, according to your Instructions, to press the King
for His Answer to the Propositions, as you are by them
directed; the Houses being resolved to proceed that
Way and not otherwise; and that you do impart to
His Majesty these Resolutions and Directions. This
being all we have in Command, we remain
"To the Right Honourable the Lords and
Commons, Commissioners of the Parliament, to treat with His Majesty in the
Isle of Wight."
House adjourned till 10a cras.