DIE Mercurii, 2 die Aprilis.
PRAYERS, by Mr. Newcomen,
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Turner released upon Bail.
Ordered, That Thomas Turner, that was sent for,
to appear before this House, upon the Affidavit of
James Hubert: It is Ordered, That he shall be released of his Restraint, giving his own Security of One
Hundred Pounds, for his appearing before this House
after Ten Days Summons.
General Tyllier to be removed from The Tower; and his Complaint against his Keeper to be heard.
Ordered, That the Earl of Manchester and the
Lord Howard do signify to Major General Tyllier, from
this House, "That it is the Intent of their Lordships
to remove him to another Prison than The Tower;
and when he is cured of the Wound he now lieth
under, this House desires he would declare the
Truth of the Business between him and his Keeper
in The Tower."
L. General delivers up his Commission.
The Lord General desired, according to his Promise Yesterday, "That he might deliver up his Commission; and that he might be admitted to deliver
in a Declaration with it;" which was read, as followeth. (Here enter it.)
Ordered, That the Declaration of the Lord General, concerning the delivering up of his Commission
be communicated, at a Conference, to the House of
E. of Manchester desires to deliver up his Commission.
The Earl of Manchester signified to this House,
That he having received the Honour to be Major
General of the associated Counties by Ordinance of
both Houses of Parliament, wherein he hath faithfully to his Power served them; he perceiving he
can be no further useful to the Houses in that Way,
desires that Favour, that he may have Leave to resign up the said Commission to the Houses."
E. of Denbigh desires to deliver up his Commission.
The Earl of Denbigh signified to the House, "That
he having received Authority from the Houses of
Parliament, to be Chief Commander in the associated Counties of Warwicke, Salop, and Stafford, wherein he hath endeavoured to discharge his Duty faithfully, and, as the Affairs are now disposed, his
Lordship can be no further useful in that Way; he
desires (fn. *) he may have Leave to resign up his Commission to the Houses again."
Committee to consider of a Satisfaction to be made to those who will be out of Employment by the Surrender of these Commissions.
Hereupon this House appointed these Lords following to consider what Course is fit to be taken for
Satisfaction of those Persons that will be out of
Employment by the surrendering the Commissions
of the aforesaid Lords; and report the same to the
L. Say & Seale.
Earls of Manchester and Denbigh's Desires to be communicated to the H. C.
Ordered, That, at the Conference with the House
of Commons, shall be communicated the Desire of the
Earl of Manchester and the Earl of Denbigh, concerning
the Delivery-up of their Commissions.
Lieutenant Wells, Petition to be freed from an Arrest, at Arnold's Suit.
Upon reading the Petition of Lieutenant Wm. Wells,
being in actual Service of the Parliament; complaining,
"That he is arrested, at the Suit of one Arnold;
a Brewer, in Westm. therefore desires to be released
of his Imprisonment in The Gatehouse."
It is Ordered, That the said Arnold shall appear
before this House To-morrow Morning; and then the
said Lieutenant Wells shall be brought hither, that so
this House may hear both Sides, and give further Directions therein.
Col. Fielding released on his Parole, to procure his Exchange.
Upon reading the Petition of Colonel Richard Feildinge; shewing, "That, being a Prisoner of War, and
not having the Conveniency to solicit for his Exchange, † his humble Suit is, that he may have the
Favour so far granted him, as to give him Leave to
wait upon the King, to endeavour his Enlargement,
by such an Exchange as shall be thought just and
equal; and that the Time may be fixed for his Return; and he doth hereby engage his Parole, upon
the Honour and Faith of a Gentleman and a Soldier, punctually to observe, and to be a true Prisoner."
Hereupon it is Ordered, That it is hereby referred to the Lord General, to [ (fn. †) grant a] Pass to the said
Colonel Feildinge, to go to the King, to endeavour
his Enlargement, by Way of Exchange; and if within Thirty Days he doth not procure such an Exchange
as both Houses of Parliament shall approve of, then
he is to return, and render himself a true Prisoner.
Ordinance to abolish a prophane Custom in Twickenham Church.
An Ordinance forbidding a prophane Custom of
scrambling for Cakes in the Church of Twickenham,
on Easter-day, was read Thrice, and Agreed to; and
Ordered to be sent to the House of Commons, for
Message to the H. C. with it; for a Conference about the L. General, &c.
A Message was sent to the House of Commons, by
Dr. Aylett and Dr. Heath:
To desire a Conference, concerning the Lord General
and some other Peers.
2. To desire their Concurrence in the Ordinance concerning Twickenham.
and with Blackwell's Petition.
3. To deliver to them the Petition of Mr. Blakwell;
and to desire their Concurrence, that he may have the
Living of Merstham in Surrey.
Ordinance to raise Money in Lincolnshire.
Next, the Ordinance concerning Lyncolneshire was
Message from the H. C. with Ordinances; and a Paper from the Spanish Ambassador.
A Message was brought from the House of Commons, by Sir Rob't Pye, &c.
To desire Concurrence to these Particulars following:
1. An Ordinance for paying Two Thousand Pounds
to Colonel Paine's Regiment, and Colonel Underwood's
Troop of Horse, now at Abingdon. (Here enter it.)
2. An Order concerning Sir Wm. Constable.
(Here enter it.)
3. To communicate to their Lordships a Paper received from the Spanish Ambassador; upon reading
which, they have made an Order, wherein their Lordships Concurrence is desired. (Here enter it.)
4. An Ordinance to pay Five Hundred Pounds to
the Assembly of Divines. (Here enter.)
The Answer returned was:
That this House agrees to all the Particulars now
Ordinance to exclude Members of either House from holding Offices.
Next, the Ordinance for discharging the Members
of both Houses from any Office, Military or Civil,
was read the Second Time, and committed to (fn. *) a Committee of the whole House; and to be considered of Tomorrow Morning. And the Lords are to have Notice
to be present then.
Mr. Blackwell to be Parson of Merstham.
Ordered, That Mr. Blakewell is appointed to serve
the Cure of Merstham, in Surrey, until the Houses have
given their Resolution concerning their admitting of him
into the said Living.
Heads for the Conference about the L. General, &c.
The Lord Wharton reported from the Committee,
what they conceived fit to offer to the House, concerning the Lord General, and the Earl of Manchester, and
the Earl of Denbigh; which was read, and approved.
(Here enter it.)
(fn. †) Ordered, To be communicated to the House of
Commons, at the next Conference.
Answer from the H. C.
Dr. Aylett and Dr. Heath return with this Answer
from the House of Commons:
That they will give a present Conference, as is desired; that they agree to the Ordinance concerning
Twickenham. (Here enter it). And concerning Mr.
Blackwell's Petition, they will take (fn. ‡) it into speedy Consideration, and send an Answer by Messengers of their
The House was adjourned; and the Lords went to
Ld. General's Declaration, on delivering up his Commission.
"Having received this great Charge in Obedience
to the Commands of both Houses, and taken their
Sword into my Hand, I can (with Confidence) say,
that I have for this now (almost) Three Years faithfully served you; and I hope, without Loss of any
Honour to myself, or Prejudice to the Public, supported therein by the Goodness of God, and the
Fidelity and Courage of a great many gallant Men,
both Officers and Soldiers; but I will neither trouble you nor myself, by repeating either the Difficulties or Danger we have overcome, or the Service
I have done you.
"I see, by the now coming up of these Ordinances,
that it is the Desire of the House of Commons, that
my Commission may be vacated; and it hath been
no particular Respect to myself (whatever is whispered to the contrary) that hath made me thus long
omit to declare my Readiness thereto, it being not
unknown to divers Men of Honour, that I had
resolved it after the Action of Gloucester, but
that some Importunities (pressed on me with Arguments of Public Advantage, and that by those of
unquestionable Affection) over-ruled me therein. I
now do it, and return my Commission into those
Hands that gave it me; wishing it may prove as
good an Expedient to the present Distempers as
some will have it believed, which I shall pray for
with as hearty a Zeal as any can desire my doing this
which I now do.
"I think it not immodest, that I intreat both Houses,
that those Officers of mine, which are now laid
by, might have their Debentures audited, some considerable Part of their Arrears paid them for their
Support, and the Remainder secured them by the
Public Faith; and that those of them that remain
questioned may be brought to some speedy Trial,
whereby they may receive either the Punishment or
Justification that is due to them; under which Notion I remember only Three, of whom I must testify
that they frankly and courageously have adventured their Lives, and lost their Blood, for the Public; and that with continued Fidelity, for aught ever
I could observe.
"My Lords, I know that Jealousies cannot be avoided in the unhappy Condition of our present Affairs;
yet Wisdom and Charity should put such Restraints
thereto, as not to allow it to become destructive.
I hope that this Advice from me is not unseasonable; wishing myself and my Friends may (among
others) participate the Benefit thereof; this proceeding from my Affection to the Parliament, the
Prosperity whereof I shall ever wish from my Heart,
what Return soever it brings me, I being no single
Example in that Kind of that Fortune I now undergo."
Ordinance to abolish a Custom in Twickenham Church, of scrambling for Cakes on Easter Sunday.
"The Lords and Commons, taking into Consideration, that there is a Custom anciently used in the
Parish Church of Twickenham, in the County of
Midd. to bring in Two great Cakes Yearly into the
said Church, upon Easter-day in the Afternoon, to
be distributed amongst the younger Sort of People,
which, by reason of Scrambling and Contention
about the same, hath caused great Disorder, to the
Prophanation of the Lords-day, and Scandal to the
Parishioners there: It is therefore Ordained, by the
Lords and Commons, That the said Custom, for
the providing and bringing of the said Cakes as
aforesaid, is hereby absolutely abolished and taken
away, and to be hereafter no more used; and that,
in Lieu thereof, the full Value of the said Cakes be
made into ordinary Loaves of Bread, and disposed
of, by the Minister and Churchwardens for the Time
being, to the Poor of the said Parish, upon such
Day as they shall think fit; and all Parties performing the same shall incur no Forfeiture nor Prejudice
Heads for the Conference about the L. General, &c.
"The Earl of Essex, the Earl of Denbigh, and the
Earl of Manchester, having this Day in the Lords
House tendered and laid down their Commissions; the
House desired this Conference, to acquaint the House
of Commons therewith, and that the House of Peers
hath accepted thereof; in which the Concurrence of
the House of Commons is desired, their Commissions
being derived from the Authority of both Houses:
And the House doth hereby further declare their
Sense, That they look upon this Action of these Lords,
in this Conjuncture of Time, as a fit Testimony of
their Duty to the Houses of Parliament, under whom
they have so long served in so eminent Employments;
and the House of Peers doth desire, that their Services and Fortunes may be taken into Consideration,
in such a Way as may, according to their several
Merits, express the Acceptance and Value the Houses
(fn. *) have of their Faithfulness and Industry in the Commands and Hazards they have undergone, for the
Public Good of the Kingdom, and Safety of the Parliament.
"And this House doth propound to the House of
Commons, That some speedy Course may be taken
and declared, that the Officers which are laid aside,
who have served under any of these Three Lords,
may have Satisfaction in the Point of their Arrears,
by the Payment of some Part thereof for their Support, and securing the Remainder by the Public
Order for disposing of 2000l. to the Garrison of Abingdon.
"Whereas, by Order of the House of Commons, of
March last, the Committee of the Militia were appointed to make Payment of Two Thousand Pounds,
out of the Ordinance of Thirty-two Thousand Pounds,
for the Garrison of Abbingdon: It is this Day Ordered, by the Lords and Commons in Parliament
assembled, That they do pay the said Two Thousand
Pounds to Colonel Paine's Regiment of Auxiliaries,
and Colonel Underwood's Troop of Horse, now at
Spanish Ambassador's Paper referred to the Committee for Foreign Affairs.
"Ordered, by the Lords and Commons in Parliament assembled, That the Paper presented from Don
Alonso De Cardenas, the King of Spaine's Ambassador,
concerning Captain Jackson and Captain Taylor, be
referred to the Consideration of the Committee of
Lords and Commons for Foreign Affairs, who have
Power to hear the Spanish Ambassador herein; and
likewise to receive and offer all such Complaints as
shall be brought unto them, of Injuries done by any
of the King of Spaine's Subjects."
Order for 500l. to the Assembly of Divines.
"Ordered, by the Lords and Commons, &c. That
the Committee of Lords and Commons for Advance
of Monies at Habberdashers Hall do forthwith advance
and pay, unto such as the Assembly of Divines shall
appoint to receive the same, the Sum of Five Hundred
Pounds, to be distributed amongst such of the Assembly
as are in the greatest Want."
Order for 1000l. to Sir W. Constable, out of the Rents due to the Crown and Sir M. Langdale, from the Manor of Holme, in Spalding Moor.
"The House, taking Notice of the great and faithful
Services done by Sir William Constable, a Member of
the House of Commons, Lieutenant General of the
Horse under the Command of the Lord Fairofax, in
the Service of the Parliament, in the East Riding of
the County of Yorke, and elsewhere, since the Beginning of this War, as also of the great Losses sustained
by him, and of the great Arrears of Pay due unto
him; and upon Information that these is a Yearly Fee
Farm Rent of One Hundred and Thirteen Pounds
payable to the Crown, out of the Manor of Holme, in
Spalding-Moore, in the County of Yorke, which
Manor belongs to the said Sir William Constable; as
also that there is a Yearly Rent or Sum of Three
Hundred Pounds, payable out of the said Manor,
unto Sir Marmaduke Langdale: It is Ordered, That
the said Sir William Constable shall have and receive;
upon Accompt, the Sum of One Thousand Pounds,
out of the said several Rents of One Hundred and
Thirteen Pounds, and Three Hundred Pounds per
Annum, payable out of the said Manor of Holme, as
aforesaid; and this shall be a sufficient Warrant to
the said Sir William Constable, and to all and every
other Person or Persons whom the same shall concern."
Paper from the Spanish Ambassador; complaining of Depredations in The West Indies, by Captains Jackson and Taylor, and desiring Satisfaction for them.
To the Right Honourable the Lords and
Commons in Parliament assembled.
It is represented unto your Honours, by Don
Alonso De Cardenas, of the Council of His
Catholic Majesty, and His Ambassador in this
"That his Lordship hath understood, that Captain
Jackson and Captain Taylor, with some Ships, went
from the River of London, towards The West Indias;
and being arrived in divers Parts thereof (which are
Dominions and Provinces of the King his Master)
they put ashore, and, contrary to the Articles of
Peace, the good Correspondence between the Crowns
of Spaine and England, and the Law of Nations, in a
Warlike Manner, did enter in the Towns of Margaritta, Trufills, Maracacaio, and the Island of Jamaica,
and pillaged what they could find in the said Places,
as much as the Pieces of Ordnance which were in
Jamaica, to the great Prejudice of the said Town, and
Inhabitants thereof, Subjects of His Catholic Majesty.
"And forasmuch that now the said Captains are
arrived in this River of London, with Two Ships and
a Pinnace, laden with the Spoils of the Inhabitants
of the said Towns, in which they have committed a
most weighty Crime, worthy of exemplary Punishment, being the Business so considerable, and the
Consequences may thereby accrue so prejudicial.
"Therefore his Lordship hath thought fit to acquaint
your Honours herewith, to the End you would be
pleased to take the same into your grave Considerations, and examine this Cause, and proceed accordingly;
that the said Captain Jackson and Taylor may be
punished as Justice shall require, and compelled to give
Satisfaction for what Damages shall be proved they
have committed in the said Parts; and that the said
Ships, Pinnace, and Lading thereof, may be sequestered,
and deposited in Secure, there to remain, until your
Honours do view, examine, and determine, the Cause;
which his Lordship intreateth, and doth expect from
the Justice of the Parliament will be done."
House adjourned till 9a cras.