DIE Martis, 22 die Aprilis.
PRAYERS, by Mr. Mewe.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Ds. Herbert of Cherbery.
Message from the H. C. with an Ordinance and Order;
A Message was brought from the House of Commons,
by Sir Peter Wentworth Knight;
To desire Concurrence in these Particulars following:
1. An Ordinance concerning giving Power of Martial Law to Commissioners, to try the Persons that are
taken in the late Rebellion in Kent.
Read, and Agreed to, with a small Alteration.
with the Establishment of Sir T. Fairfax's Artillery;
2. The Establishment of the Pay of the Officers and
Train of Artillery, in the Army under the Command of
Sir Tho. Fairefaix.
with a Letter to Venice;
3. A Latin Letter, to be sent to the Duke of Venice.
(Here enter it.)
Read, and Agreed to.
for the Lord Mayor, &c. to name the Lieutenant of The Tower.
4. That the Lord Mayor and Aldermen and Common
Council of London do present the Name of a sit Person
to be Lieutenant of The Tower of London.
Agreed to, with an Alteration.
5. An Order for Guns, to be employed in the Army.
The Answer returned was:
That this House will take the Particulars of this Message into Consideration, and send an Answer by Messengers of their own.
Letter from the E. of Leven, that he is preparing to march Southward.
The Earl of Northumb. reported a Letter from the
Committee of both Kingdoms, received from the Earl
of Leven, General of the Scottish Army, "That he
hath sent a Party of the Scottish Army towards Sir
Wm. Brereton; and he will put the Army in a Preparation to march Southward."
Ld. Herbert thanked for his good Affections.
The Lord Herbert of Cherbury this Day gave the
House an Account of his Actions since he had Leave to
be absent from the Parliament; and expressed his good
Affections to the Parliament.
Hereupon the Speaker, by the Command and Directions of the House, gave his Lordship Thanks for the
said Account, and for his good Affections and Fidelity
to the Parliament.
Ordinance for settling a Preaching Ministry in the North.
The Earl of Warwicke reported to the House, "That
the Committee hath considered of the Ordinance for
settling Ministers in the North; and the Committee
thinks it fit to pass, with the Addition of a Minister
to be put into the Town of Caram."
And the said Ordinance, with the Addition, was read,
and Agreed to with the said Addition.
Legay, Fairfax, and Jhannes.
Upon reading the Petition of Isaac Legay and Daniell
Fairefax, touching the Business between them and Wm.
Jeannes: It is Ordered, That the said Jeannes shall
have a Copy of this Petition, and offer what he hath
to say to this (fn. *) House thereupon; and then this House
will hear Counsel on both Sides, if their Lordships shall
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer to the Message sent Yesterday to the House of
That as concerning the removing the Committee of
both Kingdoms to the Queen's Lodgings at Whitehall,
they do agree to it: To the other Two Particulars,
they will send an Answer by Messengers of their own.
Letter from Prince Rupert, &c.
Two Letters were read, directed to the Earl of Essex,
from Captain Legg and Prince Rupert, in Answer to the
Letter concerning the Persons that were hanged in
Shropshire. (Here enter them.)
Ordered, That these Letters be communicated to
the House of Commons.
Mansell and Harris.
The Judgement made by this House, in the Cause
between Sir Rob't Mansell and Mr. Harris, was read,
and approved of. (Here enter it.)
Letter from the Dutchess of Richmond, for Leave to come to Middlesex.
A Letter of the Dutchess of Richmond was read,
written to the Earl of Denbigh; "to desire Leave from
the Parliament to come to Mr. Rawleigh's House in
Midd. and take Phyfic for her Health; and that Dr.
Mayherne may come to her."
It is Ordered, To be communicated to the House
Message to the H. C. concerning the following Subjects.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To deliver to them the Ordinance for settling Ministers in the North, the Ordinance concerning Martial
Law for Kent, the Order concerning the naming of a
Lieutenant of The Tower, and to desire their Concurrence in the Alterations; and also to deliver [ (fn. †) to them]
the Letters of Captain Leg and Prince Rupert.
Report from the Committee for the Admiralty, concerning a Person to command the Fleet.
The Earl of Warwick's Report:
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Resolved, upon the Question,
"That it be reported to both Houses, as the Opinion
of this Committee, That it is most for the Advantage
of the Public Service, that the Fleet now prepared
for this Summer's Expedition be put under the Command of One Man, and not divided into many Hands;
but the Ordinance lately passed, to put the Members
of both Houses out of all Employment, Military and
Civil, concluded the Committee, that they may not
(as hath been usually, and never more necessary than
now) nominate some Person of Honour, Quality, and
Estate, to take upon him such a Charge: They cannot for the present think of any Person qualified for
so high a Trust, which carries with it the Safety of
all Three Kingdoms; they therefore humbly return
it back unto the Houses, as a Business of so great
Difficulty, and of so high a Concernment, that it is
fit only to be settled by their Wisdoms."
Letter from Capt. Legg, with Prince Rupert's; and desiring an Answer to the Dutchess of Richmond's.
"For the Right Honourable the Earl of Essex,
"This Bearer's Stay so long was occasioned by the
Absence of Prince Rupert, whose Answer to your
Lordship's Letter arrived not here until now. I sent
a Trumpeter to your Lordship Three Weeks since,
about a Request from the Dutchess of Richmond. I
desire you will take Order for my Trumpeter's Return with an Answer of his Message. So I shall
"Your Lordship's humble Servant,
Oxford, 19th of April, 1645.
Letter from Prince Rupert, concerning his hanging Thirteen Prisoners, on Account of the Committee at Shrewsbury having hanged the same Number of his Soldiers that were taken.
"For the Earl of Essex, General. These.
"I received your Lordship's Letter of the 4th of this
Month, on the 11th; and cannot but wonder that
it should seem strange to the Two Houses, that I
should cause those Prisoners which were taken in
Arms against His Majesty to be used in the same
Manner, and by the same Measure, as His Majesty's
good Subjects taken Prisoners in the Act of their
Duty are used by those that take them: Those Soldiers of mine, that were barbarously murthered in cold
Blood, after Quarter given them, at Shrewsbury,
were those who, during the Time they were in Ireland, served His Majesty stoutly, constantly, and
faithfully, against the Rebels of that Kingdom, and,
after the Cessation there, were, by His Majesty's
Command, transported to serve Him in this, where
they honestly performed the Duty of Soldiers; and
therefore I were unworthy of the Command I hold
under His Majesty, if, upon so high a Provocation,
and so unheard-of an Act of Injustice, as the putting
those poor honest Men to Death, I had not let the
Authors of that Massacre know, their own must pay
the Price of such Acts of Inhumanity, and be used
as they use their Brethren; and therefore I caused
the like Number (to whom Quarter was no otherwise given than to the former) to be put to Death,
in the same Manner as had been done at Shrewsbury.
How the Rebellion in Ireland began, and with what
Circumstances of Blood and Cruelty it hath been carried on (the Odiousness whereof, and of all other Rebellions, is apparent, and all good Men must abhor)
is not applicable to this Argument (I wish the Temper of this Kingdom had been, or yet were such, as
might be applied to the Composure of that). Your
Lordship hath in that Army many Soldiers who
served His Majesty in that Kingdom of Ireland; yet
to those Soldiers, when taken Prisoners, Quarter is
given and observed on this Side; the like must be
expected from you: And if it should be otherwise,
and that Quarter should be denied to all those who
have been proclaimed Traitors and Rebels, and who
by Act of Parliament are such, this War will be
much more merciless and bloody than it hath been,
or than any good Man or true Englishman can desire
to see it; I am sure such Rigour shall be prevented
by all the Interest and Power I have: Neither can that
Threat or Menace in your Lordship's Letter, of the
Resolution to use such Prisoners as shall be taken of
His Majesty's Army for the future, make any Impression in me, than of Grief and Sadness of Heart,
to see so much Injustice and Inhumanity, a Proceeding contrary to the Laws of Nature and Nations,
contrary to the Rules and Customs of War in any
Part of the Christian World, so deliberately and
solemnly resolved, declared, and published. If there
should be an Ordinance made, that there should be
no Quarter given to any Soldiers under my Command,
and an Expectation that those under yours should receive Quarter; would your Lordship expect I submit
to such an Ordinance? This is the Case. I have
taken Prisoners, of those who have taken Arms
against His Majesty, of all Nations, English, Scottch,
Irish, French, Dutch, Walloones, of all Religions and
Opinions that are avowed by Christians; and have
always allowed them Quarter, and equal Exchange
(how unequal soever the Quarrel and Contention is,
and what Judgement soever the Law hath determined
upon such Persons), and shall do so still; hoping that
Almighty God will open the Eyes of those who have
been strangely deceived into Arms against, and to
the Scandal and Destruction of, the Protestant Religion (in which, all Men know, I have been born,
and for which they have Reason enough to believe I
will die), and the Parliament of England assembled
by His Majesty's Command, and of which His Majesty is the Head; and will recover and reduce those,
who, out of Ambition or Malice, have made those
Paths in which the other have trod, to their Piety
towards their Maker, and their Allegiance towards
their Sovereign: But if the contrary Course shall be
held, and any Prisoners under my Command shall be
taken, executed, and murthered in cold Blood, under
what senseless and unjust Pretences whatsoever; for
every Officer and Soldier so causelessly and barbarously murthered, I will cause so many of the Prisoners remaining in my Power to be put to Death in
the same Manner; and I doubt not but the Blood
of those miserable Men who shall so suffer by my
Order, as well as of those who shall be butchered
by that Ordinance your Lordship mentions, shall be
required at their Hands, who, by their cruel Examples, impose a Necessity upon other Men to observe the Rules they lay down. And I cannot but
express a great Sense to your Lordship, that, since
His Majesty's gracious Offers and Importunity for
Peace will not be hearkened unto, by these prodigious
Resolutions expressed in your Lordship's Letter, the
War is like to be so managed, that the English Nation
is in Danger of destroying one another, or (which is
a Kind of Extirpation) of degenerating into such
an Animosity and Cruelty, that all Elements of
Charity, Compassion, and Brotherly Affection, shall
be extinguished. I hope they whose Opinions and
Resolutions your Lordship hath imparted to me will
take these Animadversions into their serious Consideration, from
"Your Lordship's Servant,
April the 15th, 1645.
Order for Ordnance for Sir T. Fairfax's Train of Artillery.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Two Brass Demy
Culverins, and Eight Brass Sacres, formerly made Use
of in the Navy, and now lying upon The Tower Wharf,
shall be taken thence, and employed towards the
Train of Artillery in the Army under the Command
of Sir Thomas Fairefax."
Order concerning Sir Robert Mansell and Harris.
The Cause of Sir Robert Mansell Knight, Plaintiff, against
Edmond Harris Gentleman, Defendant, upon Cross Petitions depending before the Lords in Parliament, came this
Day to a Hearing at the Bar, by Order of this House,
dated the 17th of this Instant April, at which Time as
well the Counsel of the Plaintiff as of the Defendant,
together with their Witnesses, were at large heard;
and did appear to this House, by a Lease then produced, dated the Fifth of February, Anno 13 Caroli Regis,
That the said Plaintiff hath an Estate granted him,
under an Annual Rent from the Town of Newcastle,
of certain Parcels of Lands belonging thereunto,
whereon the Glass-houses, and other Houses and
Lodgings, were erected by the said Plaintiff, which
he used for the making of Glass, and lodging his
Servants and Workmen in; whereunto the said Defendant, with his Servants and certain Musketeers,
entered by Force, possessed himself of Part of the
said Houses, violently entered upon the Works erected
by the said Petitioner, and took thence his Pots and
Materials, possessed himself also of certain hewed
and wrought Stone belonging to the said Plaintiff,
and with Part thereof hath built One Furnace, and
converted that and the said Materials all to his own
Use, to the great Loss and Damage of the said Plaintiff, and to the great Advantage and Benefit of the
said Defendant, by his Usage of the said Plaintiff's
Houses, Goods, and Materials, as aforesaid."
Upon a full and deliberate Consideration of all which
Proofs, and upon the whole Merits of the Cause fully
heard this Day at the Bar as aforesaid: It is, upon the
Question, Ordered, Decreed, and Adjudged, by the
Lords in Parliament assembled, That the said Sir Robert
Mansell, Plaintiff, shall have the Possession of all his
Pots, Stone, and Houses, that he was formerly possessed of, and now in Question, delivered over to him
forthwith, his Agents or Servants, by the said Edmond
Harris, Defendant, or his Assigns; and that the said
Defendant shall pay unto the said Plaintiff, or his Assigns,
by Way of Damages, the full Sum of One Hundred
Pounds, of lawful Money of England, upon the serving of this Judgement upon him, or leaving it at his
Dwelling-house, or most usual Place of Abode or
Dwelling; which if he shall neglect to do, will be taken
as a Contempt done to this House, and he thereupon to
be proceeded against as shall be suitable to the Honour
and Justice of this High Court.
Letter to the Duke of Venice, in Behalf of the East India Company.
"Postquam nobis Præses & Societas Mercatorum
Londinensium in Indiis Orientalibus negotiantium questi
sunt Petrum Recautium, Equitem, Detentionem Trecentarum Piperis Sarcinarum, pro Compensatione Nummorum & Bonorum, quæ non ita pridem in communi
dictæ Societatis Peculio habuit, sub vestræ Serenitatis
Jurisdictione procurasse; nos, Justitiæ nostræ asserendæ
Causâ, vestram Serenitatem officiose interpellandam
& edocendam duximus, quod præfatus Ricautius, Angliæ Subditus, & nuper ex eâdem Mercatorum Societate
Unus, nostro contra Perduelles promulgato Decreto
fuit declaratus Perduellionis reus, atque Sententiâ de
sequestrandis Perduellium Anglorum Bonis latâ damnatus; & inde omnia & singula ejus Bona mobilia &
immobilia, Terra Marique existentia, Confiscationi
subjecta, atque ad Publicam Regni Utilitatem adhibenda; adeo ut etiam ea quæ in dictæ Societatis Potestate fuerunt secundum Leges & nostro Jussu de
eâdem Societate prehensa, & Rei nostræ Publicæ applicata jurè fuerint: Hæc cum ita se habeant, enixè
rogamus, ut, sublatâ Piperis illius detenti Causâ,
Effectum itidem et malam hanc malæ Ricautii Causæ
Litem, & alias si quas movere vellet Lites cessare,
dictorumque Bonorum Relaxionem sine Morâ fieri
vestra Serenitas jubeat & faciat; atque, si quid est
de quo Ricautius legitimè conqueri ausit & possit,
eundem, quàm primùm patrio Jure sese stiterit, Justitiamque hic postulaverit, æquè justéque habitum iri
persuasum habeat. Hæc, pro veteri utrinque intercedente Amicitiâ, quam usque duraturam speramus
cupimusque, a solitâ vestræ Serenitatis & inclytæ Reipublicæ Æquitate, & in Britannicas Gentes Benevolentiâ, instanter petimus & expectamus; iisdemque
omne nostrorum grati vicissim Animi Officiorum omnisque Prosperitatis Genus, ex Animo vovemus.
"Datæ ex Palatio Parliamentario Westmonasteriensi,
xxii° Aprilis, MDCXLV.
"Officiosissimi & studiosissimi,
"Proceres & Ordines Communium Parliamenti Angliæ.
"Grey de Wark, Prolocutor
Procerum, pro Tempore."