DIE Veneris, 20 die Octobris.
PRAYERS, by Mr. Salwey.
Domini præsentes fuerunt;
Comes Manchester, Speaker.
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Comes Mulgrave.
Comes Lyncolne.
Comes Rutland.
Comes Nottingham.
Comes Suffolke. |
Ds. Mountagu.
Ds. North.
Ds. Bruce.
Ds. Berkley.
Ds. Dacres. |
Does, a Pass.
Ordered, That Charles Doe and Ric'd Doe shall
have a Pass, to go to the Isle of Wight, and return
again.
Answer from the H. C.
Dr. Aylett and Mr. Hakewill return with this Answer from the House of Commons:
That they have taken the Petition of Dr. Bastwicke
into Consideration.
Sir W. Russel & al. Petition.
Upon reading the Petition of Sir Wm. Russell, Mr.
Geeres, &c.:
It is Ordered, That Mr. Marston and others, and
the Judges of the Admiralty, shall see this Petition,
and return their Answers into this House by Monday
Morning next, that so such further Directions may be
given as is meet: In the mean (fn. *) Time, the Judges in
the Admiralty shall not proceed in this Cause.
Col. Montgomery to transport 2000 Scots Prisoners for Foreign Service:
A Letter from the Chancellor of Scotland and the
Marquis of Argyle, concerning Scotch Prisoners to be
transported for Foreign Service, under the Command
of Colonel Rob't Mountgomery, was read: (Here enter
it.) And Ordered, To be sent to the House of Commons; and desire their Concurrence, that the said Colonel Rob't Mountgomery may have Liberty to transport
Two Thousand Scotts Prisoners, whereof those in Derbishyre to be of the Number; and that it is referred to
the Committee at Derby
(fn. *)
House, to take Security of the
said Colonel, that they shall be transported to no such
Place where they may be a Prejudice to this Kingdom.
Message to the H. C. about it.
A Message was sent to the House of Commons, by
Dr. Aylett and Mr. Hakewill,:
To deliver the Letter of the Lord Chancellor of
Scotland and the Lord Marquis of Argyle; and to let
them know, that their Lordships think fit, upon this
Recommendation, to give Way that Colonel Rob't Montgomery may have Liberty to transport Two Thousand of
the Scotts Prisoners; and that it be referred to the Committee at Derby House, to take Security of the said Colonel, that the said Prisoners shall not be transported to
any such Place where they may be a Prejudice to this
Kingdom; and that the Scotts Prisoners in Derbyshire
may be Part of the said [ (fn. †) Two Thousand]: In all which,
the Concurrence of the House of Commons is desired.
Bone and Duckett, in Error.
This Day being appointed for arguing the Errors in
the Writ of Error depending in this House, between
Bone Plaintiff and Duckett Defendant; and upon Oath
made at this Bar, that the Plaintiff was served with the
Order of this House, for hearing the Cause this Day;
but neither he nor any for him appearing, the House
proceeded to hear the Defendant's Counsel; and, upon
opening of the Errors, it did appear to this House, that
there is no Ground of any Error in the Judgement:
Therefore Ordered, That the said Judgement given
in the King's Bench is affirmed; and that the Transcript
of the Record be remitted into the King's Court, that
so Execution may be taken out accordingly.
Kirke and Bishop, D°.
Whereas the Counsel of Kirke Plaintiff, and the
Counsel of Bishopp, have been heard argue the Erross,
in the Writ of Error depending in this House; and upon
Consideration of the Business, and it appearing that
there was real Error in the Record, (videlicet,) Miserecordia pro Capiatur: This House Ordered, That the
Judgement given in the King's Bench in this Cause is
hereby reversed.
This Day Mr. Justice Bacon, Senior Judge in the
Court of King's Bench, brought in these Writs of Error following; videlicet,
Inter Brames & Gould & al.
Nelson & Fairfax & al.
Perchard's Appeal from Guernsey.
Upon reading the Petition of Percherd; shewing,
That he cannot have Return of the Records out of
the Isle of Guernsey so soon as to be ready to have
his Cause heard before the Judges at the Day appointed:"
Therefore it is Ordered, That the said Perchard
shall have Three Weeks further Time, for hearing his
Cause before the Judges.
Snellock and Russel.
Upon reading the Petition of Snellock, a Prisoner in
The Fleete;
It is Ordered, That Russell shall forthwith appear before this House; and that the said Snellocke
shall put in Bail, and have Liberty for Six Months; provided he appear before this House as he shall be hereafter summoned.
Order for Dedimus's, &c.
The Earl of Mulgrave reported the Order concerning
the Dedimus Potestatems from the Committee, as fit to
pass, with Amendments; which Amendments, being
read, were Agreed to.
King's Paper, about the Treaty.
Ordered, That the King's last Paper shall be taken
into Consideration To-morrow Morning, the First Business.
Letter from the Ld. Chancellor of Scotland and the Marq. Argyle, for Col. Montgomery to have Leave to transport 2000 Scots Prisoners for Foreign Services.
"For the Right Honorable the Earle of Manchester, Speaker of the House of Peeres of
the Parliament of England.
"Right Honorable,
"When wee looke upon the present Condition of the
Affaires of these Kingdomes, in relation to the Multitude of Scottish Prisoners lately taken by the Forces
under the Commaund of Licutenant Generall Cromwell, and have seriously considered what might prove
the most safe and advantagious Way to both Kingdomes of disposeing upon the Common Souldiers, soe
as neither the Charge of their Entertainment may be
longer continued upon you, nor the securcinge of the
Publique Peace further endangered by them; it is
our Judgment, That summe considerable Numbers of
them should be sent to Forraigne Services, under the
Conduct of such Persons as merritts Confidence to be
reposed in, and Rewards of that Kinde conferred
upon them: And for this Effect wee have thought fitt
earnestly to sollicite in behalfe of this noble Gentleman Colonel Robert Montgomery (whose constant, faithfull, and greate Services, performed for the Safety
and Union of thir Kingdomes, deserves by all good
Men highly to be esteemed and rewarded), that the
Number of 2000, or upwards, may be granted to
him, with Liberty to transport them beyond Seas for
such Imployment as shall noe Wayes tend to the
Prejudice of the Crowne of England. Wee will rest
confident that noe Man shal be preferred in a Suite
of this Nature to the Gentleman heir recommended.
Wee have found such Acceptance granted to our
former Desires of this Sort, that wee hold ourselves
ever oblidged to be
"Your Lordship's
Edenb'r. Octobr. 1648.
"Very humble Servaunts,
"Loudoun. W. Argyll."
Smith to be instituted to Dunkerton;
Ordered, That Dr. Heath give Institution and Induction unto Wm. Smith Master of Arts, to the Rectory
of Dunkerton, in Com. Som'sett, void by the Death of
the last Incumbent; salvo Jure, &c.: Jo. Bamfeild
Esquire, Patron.
and Jones to Burton.
Ordered, That Dr. Aylett give Institution and Induction unto Wm. Jones Clerk, Master of Arts, to the
Rectory of Burton, in Com. Pembroke; salvo Jure, &c.:
Presentation under the Great Seal.