DIE Veneris, 18 Julii.
PRAYERS, by Dr. Gouge.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Hawes's Cause, an Appeal from the Court of Wards.
Upon reading the Petition of Nicholas Hawes; shewing, "He was served with an Order of this House,
to put in his Answer to a Petition of Anne Hawes, &c.
before the 18th July, which is too short a Time, in
regard it concerns his Inheritance:"
It is Ordered, That he shall have further Time,
until this Day Month, to put in his said Answer.
Message from the H. C. with the Ordinance and Instructions for the Commissioners going to Scotland.
A Message was brought from the House of Commons,
by Mr. Ellis:
That they do agree with their Lordships in the Ordinance and Instructions to be given to the Commissioners
that are to go into Scotland, with some Additions and Alterations, wherein their Lordships Concurrence is desired.
The Answer returned was:
That this House will take this Message into Consideration, and send an Answer by Messengers of their own.
Answer from the H. C.
Dr. Aylett and Dr. Heath return with this Answer to
the Message sent Yesterday to the House of Commons:
That they agree to the Alterations in the Ordinance
and Instructions to the Committee that are to reside in
the Scottish Army. (Here enter them.)
That they agree to the Proviso in the Ordinance for
raising of Horse, to keep in the King's Garrisons at Oxford, &c. (Here enter it.)
That they agree to the raising of Twenty Thousand
Pounds out of Sir Wm. Portman's Estate.
That they agree to the adding the Two Deputy Lieutenants of the County of Chester.
That they agree to the Ordinance for the Clerk of
the Hanaper. (Here enter it.)
As concerning the King's Footmen, Mr. Devereux,
Institution, and the Order for Mr. Scholoer to be Minister
of Owld, in the County of North'ton, they will send an
Answer by Messengers of their own.
Col. Rossiter's Ordinance for Power of Martial Law, &c.
The Ordinance for giving Power of Martial Law to
Colonel Rossiter, was approved; and Ordered to be sent
to the House of Commons, for their Concurrence.
Message to the H. C. with it; and with Ayliff's Petition in Behalf of Fanshaw; and for Concurrence in other Particulars.
A Message was sent to the House of Commons, by
Dr. Aylett and Dr. Heath:
1. To deliver the Petition of Katherine Ayliffe, in
Behalf of Wm. Fanshawe an Infant, with special Recommendations; and desire their Concurrence, that it may
be referred to the Consideration of the Lords and Commons for Sequestrations.
2. To desire Concurrence in the Ordinance giving
Power of Martial Law to Colonel Rossiter.
3. To desire Concurrence in the Ordinance for revoking the Ordinance for cutting of Wood.
4. To desire Concurrence, that Major Crawford may
be Lieutenant Colonel to Colonel Browne, Governor of
The Earl of Northumb. reported Two Papers, (fn. *) from
the Commissioners of the Navy and Cinque Ports;
which were read, as follow:
Bignell to be Purser of The Crescent.
"Die Martis, 15 July, 1645.
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Whereas Will. Thomas, late Purser of The Crescent
Frigott, hath neglected to attend his Trust; and for
that Tho. Bignell hath been certified by the Commissioners of the Navy to be a fit Person to execute that
"Ordered, That the said Bignell be presented to
both Houses of Parliament, for their approving of
him to be Purser of the said Frigot, that he may be
thereupon entered accordingly by Warrant from this
Approved of by this House.
Sick and wounded Seamen to be taken Care of.
"Die Sabbatti, 12 July, 1645.
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"On reading of a Letter from Mr. Goodwin and
Mr. Boate, concerning divers wounded Seamen brought
to Porstmouth, from Plymouth and other Western Parts;
whom to preserve from perishing, the said Mr. Goodwin and Mr. Boate are forced to undertake for Discharge of their Entertainment, and to disburse Monies to them out of their own Purse;
"Ordered, That, forasmuch as frequent Occasions
of this Nature happen, through the Employment of
many Seamen on Land Service, it be recommended
to the Parliament, from this Committee, to direct some
Way for Relief and Encouragement of Seamen
maimed or wounded in their Service on Shore. And
the Earl of Northumb. is desired to report the same to
the House of Peers.
"Ordered, That this be recommended to the House
of Commons, that the Committee for maimed Soldiers
may have Directions and Power given them, that the
maimed Seamen may have the same Care taken for
their Relief and Maintenance, as the Land Soldiers
These Two Papers are to be sent down to the House
Stapilton's Appeal from the Court of Wards against Boynton.
Next, the Answer of the Master and Officers of the
Court of Wards, to the Petition (fn. †) of Mary Stapilton,
was read. (Here enter it.) And Ordered, That the
Cause shall be heard, at this Bar, by Counsel on both
Sides, the 14 of October next, of which Notice shall
be given to the Parties whom it concerns.
Temple and Ludlow to keep the Peace.
Ordered, That this House doth enjoin Major Temple
and Mr. George Ludlow to carry themselves peaceably,
and without Provocation, One towards another.
"An Ordinance for Relief of the Counties of
Oxon, Bucks, Berks, and Southampton, and for
the better securing of the associated Counties
and Parts adjacent.
Ordinance for Relief of Oxon, Bucks, Berks, and Hampshire.
"The Lords and Commons assembled in Parliament,
duly considering the miserable Condition of the Counties of Oxon, Buks, and Berks, South'ton, and other the
neighbouring Counties, by reason of the continual
Plunderings and Alarums from the Garrisons of Oxon,
Baseing, Winchester, Wallingford, Banbury, Newarke,
and other Places adjacent, in the Enemy's Power;
and well weighing the great Advantage, which would
redound, not only to the said Counties in particular,
but to the City of London, and all the associated Counties, and to the whole Kingdom in general, if some
competent Force might be speedily raised, for the
blocking up or streightening of the said Garrisons
and Places, in order to a further Design; do Order
and Ordain, and be it Ordered and Ordained, by
the Lords and Commons in Parliament, That the
Common Council of the City of London, or such as
they shall appoint, and the Committees for the Militia of Midd. within the Lines of Communication, and
the several Committees nominated in the Ordinance
for raising of Monies for Maintenance of the Forces
under the Command of Sir Thomas Fairefax, in the
several Counties and Cities hereafter mentioned, or
any Three of them, shall have Power respectively,
and are hereby authorized, to raise and levy, for the
Relief of the foresaid Counties, and the keeping in
of the Garrisons and Places in the Counties aforesaid;
the several Proportions of Men; Horses, and Arms,
hereafter likewise particularly expressed; and if any
Person shall refuse or neglect to send in his Horse or
Arms as he shall be cessed and proportioned, according to the true Intent of this Ordinance, that then it
shall be lawful for the Committees as aforementioned;
or any Three of them respectively, to levy so much
Money, by Distress and Sale of the Goods of the
Party so refusing or neglecting, as he shall be so set
at; provided, that no particular Person, in any of
the said Counties or Cities, be charged for the finding or providing of more than One Horse and Arms,
or the Value thereof, after the Rate of Twelve Pounds
for a Light Horse and Arms, and Six Pounds for a
Dragoon Horse and Arms; and that no Person be
charged, by virtue of this Ordinance, who hath not
an Estate in Lands, or Yearly Revenue, to the Value
of Forty Pounds per Annum or above, or Personal
Estate of the Value of Four Hundred Pounds or
above; and the several Proportions of Horse and
Dragoons hereafter mentioned are to meet, within
Ten Days after the passing of this Ordinance, at such
Rendezvous as shall be appointed by both Houses of
Parliament, or by the Committee of the Two Kingdoms, for the Services aforesaid, and to be taken into
Pay the next Day after they shall come to such Rendezvous, to be appointed as aforesaid: And, for the
better Encouragement of all those who shall be rated
towards the raising and paying of the said Men,
Horse, and Dragoons, as aforesaid, to contribute
chearfully to this present and necessary Supply, it is
Ordained and Declared, That the Monies which shall
be levied for the Purposes aforesaid shall be duly repaid, to all and every Person and Persons disbursing
the same respectively, out of the Monies to be raised
by the Sale of Delinquents Estates, next and immediately after the Twenty Thousand Pounds already
charged thereon shall be paid: Provided always, That
the Proportions now set by virtue of this Ordinance
shall be no Precedent for the future: Provided, That
this Ordinance, nor any Thing therein contained, shall
extend to any Peer of this Realm under the Protection
of the Parliament, or any Member of the House of
Commons, Assistant, Officer, or Attendant, of the
House of Peers, or Officer or Attendant of the House
|"London and Midd.
|"City of Norwich,
|"Isle of Ely,
|"Kent, with the City and County of the City of Canterbury, and the Cinque Ports,
|"Surrey and Sussex,
Ordinance for Mr. Reynolds to be Clerk of the Hanaper.
"It is Ordered, by the Lords and Commons in Parliament, That John Reynolds, who hath for divers
Years last past executed the Place of Clerk of the
Hanaper, as Deputy to the Clerk of the Hanaper,
and yet executeth the same, shall continue in the Execution of the said Office during the Pleasure of both
Houses; and shall have Power, and be hereby enabled,
to receive all such Sums of Money as are payable into
the Hanaper, and to give Acquittances for Receipt
thereof, and to do all other Things that belong to
the Clerk of the Hanaper; and shall also have Power
to detain in his Hands, upon Accompt, such Allowances, and to receive such Fees, upon Accompt,
as other Clerks of the Hanaper have usually had and
received; and shall pay such Fees and Allowances
unto the Commissioners of the Great Seal, as hath
been formerly paid to the Lord Keeper of the Great
Seal of England, and the like to the Attendants on
the said Great Seal; and the said John Reynolds shall
have, for his Allowances, for his Pains in executing
of the said Office, the Sum of Eighteen Pence per
Diem, and Fifty Pounds per Annum; and shall answer
the rest of the Fees, Issues, Allowances, and Profits,
of the said Office to the Commonwealth."
Answer from the Master and Officers of the Court of Wards, concerning Stapilton's Appeal from a Decree of that Court, made in Favour of Eoynton.
"To the Right Honourable the Lords of the
House of Parliament.
"May it please your Lordships,
"We have seen the Copy of a Petition, preferred to
your Lordships by Mary Stapleton Widow, whereby
the complaineth of a Decree made in the Court of
Wards and Liveries against her, she not being heard
therein; and she alledgeth, That she and the other
Defendants did answer, and the Cause proceeded to
Issue, Three Years since, and there rested till Michaelmas Term last: And we have also seen an Order made
by your Lordships, wherein we are required to put
in our Answer in Writing thereunto; in Answer to
which Petition, we humbly certify and say, That,
upon the 12th Day of May, in Easter Term, in the
Eighteenth Year of His Majesty's Reign, the said Cause
was heard in the said Court, in the Presence of Learned
Counsel of both Sides; but no Decree was then thereupon made, but the Cause was left to a further Hearing; and nothing more was therein done until Michaelmas Term last; and the Reason (as we conceive) why
the Cause rested so long without any further Proceedings was, for that there were very few Proceedings in the said Court from the said Easter Term until
Easter Term 20° Carol. Regis, as well for that the said
Court was often voted down by the Commons House
of Parliament, which discouraged Suitors to proceed
in the said Court, as also for that there wanted a Clerk
in the said Court, Mr. Chamberlaine being gone to
Oxford, and Mr. Audley being sequestered; besides,
the Plaintiffs in the Suit against Mrs. Stapleton dwelt
in the County of Yorke, which County the Earl of
Newcastle had in his Power; and the Plaintiff, Sir
Mathew Boynton, being there in the Parliament's Service (as we have been informed), could not attend the
said Cause, until after the Battle of Marston Moore:
And further we humbly certify, That, in Michaelmas
Term last, the Cause came again to Hearing, upon the
Seventh of November last, at which Day the said Mary
Stapleton, by her Counsel, did alledge, That her Books
were in the Custody of Mr. Armitage, in the Petition
named; and therefore prayed further Time for the
Hearing of the said Cause until the next Term, alledging only this Reason, that she wanted her Books;
whereupon the Counsel for the Plaintiffs offered to deliver their Books to the said Mrs. Stapleton's Counsel,
to be instructed for the Hearing; and thereupon it
was Ordered, that the further Hearing of the Cause
should be put over until Thursday the 21th of the said
"We do further certify, That, upon the said 21th
Day of November, the said Cause came again to be
heard; and then the Defendants Counsel alledged as
formerly, that they wanted the Books; and it appearing to us, that the same was a mere Delay, to put off
the Hearing, in regard that the Plaintiffs Counsel had
offered to them their Books as aforesaid, therefore we
proceeded to the Hearing of the said Cause, wherein
the Decree in the Petition mentioned was pronounced
and drawn up accordingly; since which Time, the said
Defendant hath been served with the said Decree, and
have moved in this Court to have the Cause re-heard,
and to have the said Decree altered, which could not
legally be done, without a Bill to review; whereupon,
8 Maii, in Easter Term last, it was Ordered, upon the
Motion of the said Mrs. Stapilton's Counsel, That the
Defendants should put in their Exceptions to the said
Decree in Writing, and deliver them to the Clerk of
the Court on Saturday then next; and the Counsel to
be heard thereupon on Tuesday then next: Accordingly, the Defendants Counsel did put in Exceptions
to the said Decree, alledging, that the Suit was by
Information against the Ward, whereas the same was
by Bill; notwithstanding which, to give all Satisfaction, this Court was pleased to hear the said Exceptions
and Counsel thereupon, albeit this Court could give
no Order therein, the Suit being mistaken; and, upon
Hearing thereof, this Court did declare the said Exceptions to be insufficient, and did over-rule the same,
and did declare the said Decree to stand not any Way
impeached by the said Exceptions.
"All which we humbly submit to the grave Consideration of your Lordships.
"W. Say Et Seale.
House adjourned till 9a cras.