DIE Martis, 26 die Augusti.
Ds. Grey de Warke, Speaker this Day.
Answer from the H. C.
Sir Edw. Leech and Mr. Page return with this Answer
from the House of Commons:
That they agree in the Amendments in the Ordinance
for the Directory: (Here enter it.) And also to the Ordinance concerning the Lord Coventry; and to Mr. Noble
to be One of the Deputy Lieutenants for Staffordshire.
To the rest, videlicet, to the other Five Deputy
Lieutenants for Staff. to Captain Copley's Petition, and
to Sir George Muschamp's Petition, they will send an
Answer by Messengers of their own.
Lord Houghton, to carry Horses with him to France.
Ordered, That the Lord Haughton shall have Liberty to transport One Gelding more into France than
was formerly granted him, and those to be Custom-free.
E. of Midd. took the Covenant.
This Day James Earl of Midd. took and subscribed
the Solemn League and Covenant of both Kingdoms.
Ordinance concerning the Dutchy Seal of Lan after.
The House was adjourned during Pleasure; to take
into Consideration the Ordinance formerly brought up
from the House of Commons, concerning the Dutchy
And the House being resumed, it was reported as fit
to pass, with Addition of the Lord Grey of Warke.
And thereupon the said Ordinance was (fn. *) read the
Third Time, and Agreed to with the said Alteration;
and the Concurrence of the House of Commons to be
The Earl of Manchester reported a Letter from
Major General Lesley, sent to the Committee of both
Kingdoms; which was read, as follows:
Letter from General Lesly, that he had joined the Yorkshire Forces, and that the King was retreated to Newark.
"My Lords, and Gentlemen,
"I received yours of the 15th August, commanding to
take into my Charge all the Yorkeshire, Nottingham,
Derby, Lyncolne, and other Forces, now in a Body
in Yorkshire; and with them, together with these of
the Scottish Army, to prosecute the Servise now in
Hand. The King no sooner understanding of my
joyning with the Yorkeshi'e Forces, but He retreated
to Newarke, soe that He has not recruted much in
these Quarters; though, I thinke, the Affection of the
People is not wanting to His Way; nether shall we
give Him much Rest to strengthen His Forces; and,
if Opportunity offer, I shall not be wanting to approve
"My Lords and Gentlemen,
Bautre, Aug. 22, 1645.
"Your Lordships Most humble and most obedient
"For the Right Honorable the Committee
of both Kingdomes."
Message to the H. C. with it; concerning, the Ordinance about the Dutchy Seal, and about Captain Bowen.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
1. To communicate to them the Letter of Lieutenant
2. To desire their Concurrence, in the Addition in the
Ordinance concerning the Dutchy Seal.
3. To desire they would give an Answer to the Business concerning Captain Bowen.
Ld Savill to be released upon Bail.
Upon reading the Petition of the Lord Savill, Prisoner in The Tower: (Here enter the Petition.) It is
Ordered, That he shall be released, upon giving Bail
to this House; videlicet, himself Two Thousand Pounds,
and One Thousand Pounds more by Security, to be a
true Prisoner, and appear before this House when he
shall be summoned by this House.
Colonel Fielding's Engagement, to return if he cannot effect his Exchange.
"Whereas the Right Honourable the Lords assembled in the High Court of Parliament have Ordered,
That a Pass shall be granted, by the Right Honourable the Lord Grey of Warke, Speaker (pro Tempore)
of the House of Peers, to Colonel Richard Fielding
(now a Prisoner of War), to go to His Majesty, to
endeavour the gaining of a fit Exchange for himself;
whereupon I, the said Richard Feilding, do hereby
promise and engage myself, upon the Faith and Honour of a Gentleman and a Soldier, to the said Right
Honourable the Lord Grey of Warke, that I will (by
the Assistance and Permission of God) either procure
the Enlargement of such Person or Persons (now Prisoners with His Majesty) as both Houses of Parliament shall like and approve of, for my Exchange,
and cause them to be sent to the City of London,
or such other Place or Places as both Houses of Parliament shall appoint; or return to London, and yield
my Body a true Prisoner within Forty Days next after
the Date hereof; and that I will not at any Time
(until my Exchange be fully perfected) give any Intelligence, or join in Council with any, or do any Act
or Thing whatsoever, that shall or may be prejudicial
to both or either of the Houses of Parliament, or any
Forces or Garrisons under their Power or Command.
"In Testimony whereof, I have hereunto put my Hand
and Seal, this of August, 1645."
Letters from Ld Wharton in Scotland.
Next, divers Letters were read, sent from the Lord
Wharton, to the Lord Grey of Warke, Speaker of the
House of Peers pro Tempore. (Here enter them.)
Commission for taking Accompts in the North.
Ordered, That the Commissioners of the Great Seal
are desired to expedite the Commission for taking Accompts in the Northern Counties.
Lady Campden's Park near Canterbury to be protected.
Upon reading the Petition of Hester Viscountess Campden: (Here enter it.) Ordered, That the Desires in
the Petition is granted; and the Committee for felling
of Woods are to see the same put into Execution.
The Lord North reported divers Papers from the
Committee for the Admiralty and Cinque Ports:
Restitution of The Becass of St. Malo, taken by Captain Hodges, demanded by the Queen Regent of France.
"Die Jovis, 21 Aug. 1645.
"At the Committee of Lords and Commons for
the Admiralty, &c.
"Whereas The Becass, of St. Mallo, being lately laden
at Dartmouth with certain Goods, on the Accounts
partly of some Subjects of the French King, and partly
of some English, was, in her Return to France, taken
by Captain Hodges, employed as a Private Man of
War upon the Ordinance of 30 Nov. 1643, and
brought into the River of Thames; for Restitution
whereof, as being taken at the Road of St. Malloe,
the Queen Regent of France hath, by Letter to the
French Resident, enjoined him to use his utmost Endeavours with the Parliament in Her Name; whereupon the said Resident hath specially recommended
the same to this Committee.
"Ordered, That the said Matter be reported from
this Committee to both Houses of Parliament, with
a Desire that their Pleasure may be thereupon declared; the Committee having in the mean Time directed the Proceedings in the Admiralty Court concerning that Vessel to be forborn till further Order."
"Die Jovis, 21 Aug. 1645.
Mary of St. Giles, and Nicholas of Dieppe, trading with Ports not in Obedience to the Parliament, taken by Captain Roe.
"At the Committee of Lords and Commons for the
Admiralty and Cinque Ports.
"Ordered, That Report be made from this Committee, to both Houses of Parliament, That, by a
Certificate from the Judge of the Admiralty Court,
and certain Depositions, it appears that The Mary of
St. Giles in France, and The Nicholas of Deipe, having
made several Voyages from France to Topsham, since
the same was possessed by the Enemy; and having,
in their last Voyage, laded there certain Quantities
of Serges, Skins, Hides, Stockings, Slates, and Drapery,
being the Return of certain Goods out of The Mary,
and, as is supposed, certain Money out of The Nicholas then brought from France, were, about the Month
of June last, in their Return towards France, seized
at Sea, by Captain Roe and his Company, in the Ship
Requitall, of Plymouth; that the said Ships and Goods
belong to Frenchmen, Subjects to the French King,
some of which, videlicet, David and Daniell Chamberlaine have been, and (as One of the Deponents believeth) did at the Time of the said Seizure continue,
Partners with Thomas and Richard Ford, of Exeter,
Merchants; that there was found in The Mary, at the
Time of her Surprizal, a Fleming, sent aboard (as
himself affirmed) by the Factor who laded the said
Goods, with a Bag of Letters, wherein were Two
Commissions dated at Oxford, and signed by the King,
for setting forth of Ships against the Parliament, and
the Copy of an Assurance from His Majesty, for Satisfaction to one Bushell, for Cloaths provided for
His Majesty's Army; that the said Vessels were so
seized by Captain Roe in virtue of a Commission
from the Earl of Warwicke, while he was Lord High
Admiral, upon the Ordinance of 30 Nov. 1643,
and sealed by his Lordship's Seal, as Lord Admiral;
in the Body of which Commission, his Lordship certifies the said Captain Roe and his Officers their entering into Bond, to observe the Clauses, which by the
Purport of the said Ordinance were on their Parts to
be observed; that no Certificate of their entering
into Bonds as aforesaid was obtained under the Seal
of the Admiralty Court, according to what is required
by the Letter of the said Ordinance; that nevertheless the Judge of the Admiralty doth, in his said Report, declare, That, in respect the said Commission
was then granted by the Lord Admiral himself, and
Bond taken by him according to the Ordinance, and
being done in the Western Parts remote from London,
and for the Public Service of the State, he therefore
conceives the said Commission was and is a good Commission, and may very well stand with the Intention
of the said Ordinance; that, forasmuch as this Cause
is different from the ordinary Cases of Ships taken
in Pursuance of the said Ordinance, this Committee
have therefore suspended the Proceedings in the Admiralty Court till further Order; and, upon the
whole Matter, the Opinion and Pleasure of the Parliament is to be prayed."
Ordered, That these Two Papers be referred to
the Committee for Foreign Affairs, to do Justice therein; and the Concurrence of the House of Commons to
be desired herein.
"Die Jovis, 21 Aug. 1645.
Seamen who were in the Enemy's Service, to be pardoned if they will come in.
"3. At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
Whereas the Committee is informed, by Captain
Richard Crandley, that divers Mariners employed in
the Service of the Enemy, and now in or about
Flanders, are willing to come under the Parliament's
Obedience, if they may be accepted and pardoned;
Ordered, To be reported to both Houses of Parliament, That this Committee are of Opinion, that it
may be a good Service to the State, to accept and
pardon such of the said Mariners, under the Degree
of a Captain, as shall come in and (fn. *) submit to the
Parliament; provided, that they do it by the End of
September next: And that the Pleasure of the Parliament be thereupon prayed.
Agreed to; and the Concurrence of the House of
Commons to be desired.
Ordinance for Sale of Delinquents Estates.
Next, was read the First Time the Ordinance concerning the Sale of Delinquents Estates.
A Message was brought from the House of Commons,
by Sir Anthony Erby;
Message from the H. C. about providing Arms for the Scots Army in Ireland.
To desire Concurrence in these Particulars:
"1. Ordered, That it be referred to the Committee of Lords and Commons for Advance of Monies,
sitting at Haberdashers Hall, to treat with such Persons as they shall think fit, for the present furnishing
of Five Thousand Arms, to be sent to the Scotts Army
in Ireland, at such Rates and Prices, and upon such
Days of Payment, as may be most beneficial for the
for the Commissioners sent to Scotland to treat with the Scots Commissioners there.
"2. Ordered, That the Commissioners of both Houses,
sent to the Parliament of Scotland, shall have Power to
treat with such Committees or Commissioners of Scotland as shall be appointed and authorized to treat with
them, either at Barwicke, or in any other Place of either Kingdom of England or Scotland, as shall be most
convenient for them."
for the Committee for Irish Affairs to give Commissions to Colonel Jephson & al.;
"3. Ordered, by the Lords and Commons assembled
in Parliament, That the Committee of Lords and Commons for Ireland shall give Commissions to Colonel
Jephson and his Officers, and the other Regiment designed for the Province of Munster."
and with Ordinances.
4. An Ordinance for Continuance of the Weekly Assessments upon the Western Associations. (Here enter it.)
5. To desire Concurrence in the Ordinance for an
Assessment in the Eastern Association.
Read Twice, and committed to a Committee of the
whole House; to be taken into Consideration on
Thursday Morning next.
The Answer returned was:
That this House will send an Answer, by Messengers
of their own, to the Ordinance for the Assessments in
the Eastern Association: To all the rest, their Lordships
do (fn. *) agree.
Major Temple to be Governor of Henley.
"Ordered, by the Lords and Commons in Parliament assembled, That Major Purbecke Temple is nominated and approved of, to be Governor of Henly."
Clerk of the Crown's House to be searched, for Delinquents Goods.
Upon Information to this House, from the Committee
at Haberdashers Hall, "That they are informed, that
an Attendant of this House, the Clerk of the Crown,
doth harbour in his House Goods of a Person in actual
Arms against the Parliament; and do forbear to make
any Search in the House, in regard he is an Attendant upon this House."
It is Ordered, That the Officers attending the said
Committee are permitted by this House to search the
Clerk of the Crown's House, for such Goods.
Earl of Midd. Leave to be absent.
Ordered, That the Earl of Midd. hath Leave to be
absent from this House for Twelve Days.
Ordinance for Sale of Delinquents Estates.
Ordered, That the Ordinance concerning the Sale of
Delinquents Goods shall be read again on Friday next.
"An Ordinance of the Lords and Commons assembled in Parliament, for the more effectual
putting in Execution the Directory for Public
Ordinance for putting the Directory in Execution.
"Whereas, by an Ordinance of Parliament, made
the Third Day of January last past, and intituled,
"An Ordinance of Parliament for the taking away
the Book of Common Prayer, and for establishing and
putting in Execution of the Directory for the Public
Worship of God;" it was (amongst other Things
therein contained) Ordained, That the said Book of
Common Prayer should not remain, or be from thenceforth used, in any Church, Chapel, or Place of Public
Worship, within the Kingdom of England, and Dominion of Wales; and that the Directory for Public
Worship, in the said recited Ordinance set forth,
should be from thenceforth used, pursued, and observed, according to the true Intent and Meaning of
the said Ordinance, in all Exercises of the Public
Worship of God, in every Congregation, Church,
Chapel, and Place of Public Worship, within this
Kingdom of England, and Dominion of Wales: Yet
nevertheless, in regard that in or by the said recited
Ordinance there was no special Direction made or
contained, for the speedy dispersing of the said Directory into the several Parishes within the Kingdom
of England, and Dominion of Wales, and publishing of
the same Directory, nor any Punishment set down, either for the using of the said Book of Common Prayer,
or for the non-using or depraving of the said Directory; by Means whereof, there hath been as yet little Fruit of the said Ordinance: The Lords and Commons assembled in Parliament, taking the Premises into serious Consideration, do Ordain, That the Knights
and Burgesses of the several Counties shall send printed
Books of the said Directory for God's Worship, fairly
bound up in Leather, unto the Committees of Parliament residing in the said several respective Counties,
who shall with all convenient Speed send the same,
and cause them to be delivered unto the several respective Constables, or other Officers, of all the several Parishes, and respective Chapelries and Donatives,
within the Kingdom of England, and Dominion of
Wales, and Port and Town of Barwicke; (that is to
say,) One Book unto the respective Constables, and
other Officers, of every One of the said Parishes,
Chapelries, and Donatives, to be paid for by the Inhabitants within the said several Parishes and Chapelries.
"And it is further hereby Ordained, by the Lords
and Commons, That the several and respective Constables, or other Officers, shall, within One Week
after their Receipts of the said Books of the Directory, deliver the said Books unto the several and respective Ministers of the said Parishes, upon Pain that
every of the said Constables, or other Officers, that
shall make Default therein, shall forfeit and pay, for
every such Default, the Sum of Five Shillings, of
lawful English Money.
"And it is further hereby Ordained, by the said Lords
and Commons, That the said several Ministers shall,
on the next Lord's-day after the Receipt of the said
Books of the Directory, before the Morning Sermon,
openly read, in their several Churches and Chapels,
the said Directory for the Public Worship of God.
"And it is further hereby Ordained, by the said
Lords and Commons, That, if any Person or Persons
whatsoever shall, at any Time or Times hereafter,
use, or cause the aforesaid Book of Common Prayer
to be used, in any Church, Chapel, or Public Place
of Worship, or in any private Place or Family, within
the Kingdom of England, or Dominion of Wales, or
Port and Town of Barwick, that then every such
Person so offending therein shall, for the First Offence, forfeit and pay the Sum of Five Pounds of
lawful English Money; for the Second Offence, the
Sum of Ten Pounds; and for the Third Offence, shall
suffer One whole Year's Imprisonment, without Bail
"And it is hereby further Ordained, by the said
Lords and Commons, that the several and respective
Ministers of all Parishes, Churches, and Chapels,
within the said Kingdom of England, and Dominion
of Wales, and Port and Town of Barwick, shall respectively, from Time to Time, and at all Times hereafter (as much as shall in them lie), pursue and observe the Directory for Public Worship established
by Ordinance of Parliament, according to the true
Intent and Meaning thereof.
"And it is further Ordained, That every Minister,
which shall not henceforth pursue and observe the
Directory for Public Worship, according to the true
Intent and Meaning thereof, in all Exercises of the
Public Worship of God, within the Realm of Engl.
and Dominion of Wales, and within the Town and
Port of Barwick, shall, for every Time that he shall
so offend, lose and forfeit the Sum of Forty Shillings, of lawful English Money; and that what Person
soever shall, with Intent to bring the said Directory
into Contempt and Neglect, or to raise Opposition
against it, preach, write, print, or cause to be written or printed, any Thing in the Derogation or Depraving of the said Book, or any Thing therein contained, or any Part thereof, shall lose and forfeit, for
every such Offence, such a Sum of Money as shall,
at the Time of his Conviction, be thought fit to be
imposed upon him by those before whom he shall
have his Trial; provided it be not less than Five
Pounds, nor exceeding the Sum of Fifty Pounds.
"And be it further Ordained, by the Authority
aforesaid, That no Person or Persons shall be, at
any Time hereafter, impeached or molested, of
or for any of the Offences last above-mentioned,
hereafter to be committed or done contrary to
this Ordinance, unless he or they so offending be
thereof indicted at the next or Second General Sessions, to be holden before any Justices of Oyer and
Determiner, or Justices of Assize, or before the Justices of Peace, at their General Quarter Sessions, next
after any Offence committed or done contrary to the
Tenor of this Ordinance; and that he be thereof
lawfully convicted, according to the Laws of this Realm,
by Verdict of Twelve Men, or by his own Confession.
Provided also, and be it Ordained, by the Authority aforesaid, That the Lord Mayor of London, and
all other Mayors, Bailiffs, and all other Head Officers,
of all and singular Cities, Boroughs, and Towns Corporate, within this Realm, and Dominion of Wales,
to the which Justices of Assize do not commonly repair, and that have Commissions of Gaol Delivery directed unto them, or are Counties of themselves,
shall have full Power and Authority, by virtue of
this Ordinance, to enquire, hear, and determine, the
Offences aforementioned, and every of them, Yearly,
within Fifteen Days after the 25th Day of March and
the 29th Day of September, in like Manner and Form
as Justices of Assize and Oyer and Terminer may do.
And it is further Ordained, by the Authority
aforesaid, That all Mulcts and Penalties inflicted by
this Ordinance, not exceeding the Sum of Five Pounds,
shall be levied and paid to the Use of the Poor of
the Parish where the said Offence hath been committed; and that all other Fines, exceeding the said Sum
of Five Pounds, shall be to the Use of the Poor
of the County, City, or Borough respectively, where
the said Offences shall be committed, to be disposed
by the Justices of the Peace, Mayors, or Bailiffs respectively, at the next General Sessions where and
when the said Sums shall be adjudged.
"And it is further Ordered and Ordained, That
all Common Prayer Books, remaining in Parish
Churches and Chapels, shall, within a Month after
the publishing of this Ordinance, be, by the Churchwardens or Constables of the respective Parishes,
under the Penalty of Forty Shillings, to be employed
as aforesaid, carried unto the Committees of the respective Counties where they shall be found, to be
disposed of as the Parliament shall direct."
Letter from Lord Wharton from Berwick, desiring to have Power to treat with the Scots Commissioners where it may be most convenient, and giving an Account of the Marquis of Montrose's Victory over the Parliament Forces in Scotland, and of the State of Affairs there.
"May it please your Lordships,
"We sent Mr. Rowe Post from Yorke into Scotland,
to signify our being upon the Way to the Parliament
there, who returned to us the Day we came to Barwicke the 16th of this present; and at the same Time
Mr. Thomson, Deputy Commissary General, coming to
us, related the late sad News out of Scotland, which is
now further confirmed from all Hands, and particularly by the Marquis of Argile, who arrived here
Yesterday with his Lady and Children by Sea; yet
withall, we do not hear that any One of the Lords
or Commanders of Quality are either slain or taken
Prisoners. The Parliament of Scotland is adjourned
till the last Wednesday in November next, to fit at
Edinb. or such other Place as the Committee of
Estates shall appoint. Upon our Arrival here, we met
with this Letter, whereof we send a Copy inclosed,
directed to us, from the Parliament of Scotland;
and we forthwith dispatched a Messenger to the Lord
Lauderdaill, to give Intimation of our coming hither,
whose Answer your Lordships will receive herewith:
And we perceive, from several Hands, Barwicke is
thought to be the fittest and likeliest Place to treat
at; and therefore we offer it to the Consideration of
the Houses, whether they will not give us Power to
treat there, or in any other Place of either Kingdom, as Need shall require, in respect of the Accidents of War, and the Infection of the Plague in
these Parts. We desire the Commissions for taking
the Accompts of the Scottish Army, and the Ordinance with the Articles which the Committees ought
to subscribe, may be directed to us. The Marquis
of Argill, the Earl of Lauderdaill, and some others,
will endeavour to raise the County of Lothian, and
the Parts of the South of Scotland; and the Lord
Chancellor and others in the West are doing the
like. We have, both by treating with the Committees of Yorke and the other Northern Counties (as
we passed through), and by our Letters since, done
what possibly we can, to expedite the compleating of
the Forces for the Northern Association, and putting
these Parts into a Posture of Defence; and the rather,
because it is reported that Mountrosse, before this last
Fight, had express Command from the King to march
into England; and he being now Master of the Field,
as is acknowledged by all Men, we desire the Houses
will take it into their serious Consideration, what great
Danger these Northern Parts are in, and of what evil
Consequence it may prove to the whole Kingdom, if
timely Care and Remedy be not applied, which is most
earnestly desired by
Your Lordships humble Servant,
Berwick, 19th August, 1645.
"By the Advice of the of the Commissioners, I went from Raby, over
Staynemore, to meet with the Committees of Westmerland and Cumberland, at
Appleby, for the Service of your Lordships and the Public; which is the Excuse I humbly tender for not writing to
your Lordships thence, as (I hear) they
did to the House of Commons.
"For the Lord Grey of Warke, Speaker of the
House of Peers pro Tempore, Westm. These.
Haste, Post Haste.
Letter from the Earl of Lyndsey, Chancellor of Scotland, to Ld. Wharton, to stop at Berwick, on account of the Sickness; and that Commissioners will be sent to treat with him there.
Heareing that you are on your Journey hither from
the Parliament of England; and the Parliament here,
being to adjourne within Two Dayes, and consideringe
the Sickenes is ill at Edinbur. and much dispersed to
severall Townes and Places of the Country, have, from
the Respect they beare unto your Lordships, for preventing your comeing to any Place where you may
bee in Danger, and for your better Conveniency,
thought fitt to give your Lordships tymely Advertisement, that you may bee pleased to stay at Barwick,
where they will either send a Committee to waite on
your Lordships, or appoint some other Place where
you and their Committee may meete and treate together; which is all I have in Commaund at this Tyme
to signify unto you from the Parliament; but that
"Your Lordship's most humble Servaunt,
Perth, 4th Aug. 1645.
J. P. D. Par.
For the Right Honorable the Commissioners
of the Parliament of England.
"Will'm Rowe, Secr. Commiss."
Letter from the E. of Lauderdale, to the same Effect.
"My Lord and Gentlemen,
I was commaunded by the Committee of Estates,
neere Peirth, Yesterday was a Sennit, to waite upon
you; but the Appearance of an Ingagment this
Day Sennit was the Occasion of my Stay. Againe
I was commaunded, the Day before the last unhappy
Fight, to intreate your Lordshipp to stay where you
now are, untill you should heare from the Committee;
for the Sicknes beinge soe ill in and aboute Edinburgh, and the Rebbells Motions soe uncertaine, and
consequently our Armyes, they could not then appoint
a Place; and now our Armye being unadvisedly ingaged, and unfortunatly routed on a Ground when
they could neither drawe upp nor fight; where yet
(God bee thanked) wee neither lost any Nobleman
or Prime Officer: My humble Opinion to your Lordship is, that you stay where you are untill you heare
from the Committee; and as soone as I can meete with
any Number of them, you shall heare againe from
"Your very affectionate Freind and Servaunt,
Tautallon, the 17th of August, 1645.
For the Right Honnorable the Comissioners
of the Parliament of England, at Barwick.
"Will'm Rowe, Secr. Commiss."
Lord Savile's Petition, to be released on Bail.
"To the Right Honourable the House of Peers
assembled in Parliament.
"The humble Petition of the Lord Savill;
That your Petitioner is exceedingly troubled, to
have given your Lordships any Occasion to be offended
with him, who doth profess to value nothing so much
as your Lordships good Opinion, nor to endeavour
nothing more than to redeem and preserve the same,
and particularly to deserve the Favour which he hath
lately received from your Lordships, without which
he could not be able to live and subsist, as he shall
ever with all Thankfulness and Humility acknowledge; and in Confidence of which Nobleness and
Goodness, your Petitioner is emboldened humbly to
declare unto you,
That, by reason of his streight and long Imprisonment, he is much afflicted with the Pain of the Stone;
and that, by reason of the Disaccommodation of this
Place, he cannot have those Helps and Necessaries
which he is accustomed to have in that Case, so as he
is thereby subject to much Misery and Danger; and
the more, because it hath pleased God to visit this
Place with the Sickness, so as by that Means he cannot enjoy the Company of his Wife.
He therefore humbly prayeth your Lordships
Compassion of his Condition; and that you
would be pleased to add so much to your
former Favour, as to accept of Security for
your Petitioner's true Imprisonment, and thereupon to grant him his Liberty for a Time,
whereby he may be freed from this present
Danger of the Sickness, and be enabled to
seek some Help and Remedy for his afflicting
"And he shall humbly pray for your Lordships Prosperity and Happiness."
Lady Campden's Petition, for a Protection for Mr. Noell's Park near Canterbury.
"To the Right Honourable the Lords assembled
The humble Petition of Hester Viscountess
That the Committee in London for Provisions of
Fuel for the City of London (by virtue of Power given
unto them from the Committee of Lords and Commons for Provisions of Fuel) did, contrary to their
Order, fell and cut down divers of the Woods and
Trees in the Park at Canterbury, in the County of
Kent, belonging to your Petitioner's Son Edward
Nowell Esquire, to the great Spoil and Defacing both
of the Mansion house and Park.
That your Lordships were graciously pleased, upon
a late Petition of the Petitioner, to order, That the
said Committee should not, by Colour or any Pretence
of Power, sell or cut down any more of the Woods
in the said Park, nor carry away any Part of such
Woods or Timber as was then selled or cut down in
the said Park.
"That, by reason there hath been much Timber
and Woods carried out of the said Park, the Pale
thereof and Mansion-house is very much impaired and
broken down, so that (fn. *) neither the Deer nor Woods
can be kept safe and preserved.
"It is therefore the humble and earnest Desire
of your Petitioner, that your Honours will be
pleased to Order, That such Woods and Timber as was felled by the Appointment of the
said Committee, and are yet remaining in the
said Park, may be employed for the paling
and repairing the said Park and Mansionhouse; and that no Woods or Deer hereafter
may be taken out of the said Park, but by
the Consent of Mr. Thomas Noell, your Petitioner's Kinsman, and whom I have intrusted
for the Good of my Son Edward Noell Esquire,
whose Inheritance the said Mansion-house and
And your Petitioner shall pray, &c.
Ordinance to continue the Weekly Assessment upon Wilts, Dorset, and other Western Counties.
"Whereas there hath formerly passed an Ordinance,
of 1 Julii, 1644, authorizing the Committees therein
named to put in Execution the Ordinance for Weekly
Assessment, bearing Date 10 Maii, 1643, within the
County of Wilts, Dorsett, Som'sett, Devon, and Cornwall, the Cities of Bristoll and Exeter, the Town and
County of Poole, for Three Months, beginning from
the Date of the said Ordinance, which Three Months
is long since expired; and there being still a Necessity
of raising Money, for the Maintenance and Support of
the Forces raised, and to be raised, within the said
Counties, now under the Command of Colonel Edward Massey: The Lords and Commons, taking the
Premises into Consideration, do Order and Ordain,
and be it Ordered and Ordained, That the said
Committees named in the Ordinance of the First of
July, 1644, shall have full Power and Authority respectively to put in Execution the aforesaid Ordinance
for Weekly Assessments, and every Clause contained
therein, within the said respective Counties, Cities,
and Places; the said Assessment to continue for Six
Months from the Date of this present Ordinance:
Provided nevertheless, That no Sum or Sums of Money shall be charged, rated, taxed, and levied, upon
any the said respective Counties, Cities, and Places,
by virtue of this Ordinance, other than according to
such several Proportions, Rates, and Distributions,
hereafter in this Ordinance expressed; videlicet,
|"Upon the County of Wilts, the Weekly Sum of
|Upon the County of Dorsett, the Weekly Sum of
|Upon the County of Somersett, the Weekly Sum of
|Upon the County of Devon, the Weekly Sum of
|Upon the County of Cornwall, the Weekly Sum of
|Upon the City of Bristoll, the Weekly Sum of
|Upon the City of Exon,
|Upon the Town and County of Poole, the Weekly Sum of
Ordinance to restore Ld. Coventry to his Estate, &c. and to clear him from his Delinquency.
"Whereas Thomas Lord Coventry, with some other
Lords, was by the Parliament censured as a Delinquent; and, about Three Years since, upon the voluntary Submission and humble Petition, and the Payment of the Sum of Two Thousand Pounds into Guildhall, the said Lord Coventry and his whole Estate
were taken into the Protection of the Parliament;
and that Censure wholly remitted, as against him, excepting only his Place and Vote in Parliament, during
this present Session, as by Two several Orders doth
appear; and since that, the said Lord Coventry hath
also paid the Sum of Fifteen Hundred Pounds more
into Habberdashers Hall, for his Twentieth and Fifth
Part: It is therefore Ordered and Ordained, by
the Lords and Commons now assembled in Parliament,
That the said Thomas Lord Coventry shall be, and is
hereby, cleared, acquitted, and discharged, of his Delinquency, and of his Twentieth and Fifth Part, and
of all Censures, Penalties, Forfeitures, Seizures, and
Sequestrations, for or upon any Part of his Estate,
Real or Personal; and that the said Thomas Lord Coventry is hereby restored to his Estate as aforesaid,
and to all his Privileges, his Place and Vote in Parliament during this present Session only excepted; and
shall receive and have the Benefit of all his Rents and
Profits due unto him; and all Committees, Sequestrators, Collectors, and other Officers whatsoever, are
to take Notice hereof, and to yield ready Obedience
hereunto accordingly; any former Sentence, Order,
Direction, Declaration, or Ordinance, notwithstanding."
"10 February, 1644.
(fn. *) "An Ordinance of the Lords and Commons assembled in Parliament, concerning the Dutchy
Seal of Lancaster, together with the Oath of
the Sheriff of Lancaster.
Ordinance concerning the Dutchy Seal of Lancaster.
"The Lords and Commons assembled in Parliament
do Order and Ordain, and be it Ordered and Ordained, That William Lord Grey of Wark, and William
Lenthall Esquire, Speaker of the House of Commons,
shall have Power, and are hereby authorized, to put
in Use the Dutchy Seal, for the constituting and
making of Sheriffs and Justices of Peace, within the
County of Lancaster, and to issue out all Writs and
Process, and to do and perform all Acts and Things
necessary for the Benefit of the said County, in as
ample Manner as any Chancellor of the Dutchy heretofore hath done, or ought to do; and this Ordinance
to continue, and be in Force, until both Houses take
further Order; and whatsoever the said William Lord
Grey of Wark and William Lenthall shall do in Pursuance hereof, they shall be saved harmless, by both
Houses of Parliament: And it is further Ordered
and Ordained, That the Officers belonging to the
Dutchy Court do prepare a Patent, for to make John
Bradshaw, of Bradshaw, Esquire, Sheriff of the said
County, who is to take the Oath of Sheriff hereunto
"The Oath of the Sheriff of Lancaster.
The Sheriff's Oath.
"Ye shall swear, That well and truly ye shall serve
the King, in the Office of the Sheriff of Lancaster,
and do the King's Profits in all Things that belongeth
you to do by Way of your Office, as much as you
can or may. Ye shall not respite the King's Debts
for any Gift or Favour, where you may raise them
without great Grievance of the Debtors. Ye shall
truly and rightfully treat the People of your Sheriffwick, and do Right as well to Poor as to Rich, in all
that belongeth to your Office. Ye shall do no Wrong
unto any Man, for any Gift or Promise of Goods, nor
Favour nor Hate. Ye shall disturb no Man's Right.
Ye shall truly accompt, before the Auditor of the
Dutchy of Lancaster, of all them of whom ye shall
any Thing receive of the King's Debts. Ye shall
nothing take, whereby the King may lose, or whereby
that Right may be disturbed, letted, or the King's
Debts delayed. Ye shall truly return and truly serve
all the King's Writs, as far forth as it shall be in your
Cunning. Ye shall have none to be your Undersheriff, or any of your Sheriff's Clerks of the last Year
past. Ye shall take no Bailiff into your Service,
but such as you will answer for. Ye shall make each
of your Bailiffs to make such Oath as ye make yourself, in that that belongeth to their Occupation. Ye
shall receive no Writ, by you or any of yours, unsealed. Ye shall make the Bailiffs of the true and
sufficient Men in the same County. Ye shall be dwelling in your proper Person, within your Bailywick, for
the Time ye shall be in the same Office. Ye shall not
let your Sheriffwick, or any Bailywick thereof, to
Farm to any Man. Ye shall truly set and return reasonable and due Issues of them that be in your Bailywick after their Estate and Honour, and make your
Pannel yourself; and over this, in Eschewing and Restraint of the Manslaughters, Robberies, and other
manifold grievous Offences, that may be done daily,
and increase in Number, and multiply, so that the
King's true Subjects may not safely ride or go to such
Things as they have to do, to their intolerable Hurt
and Hinderings, Ye shall truly and effectually, with
all Diligence (fn. *) possible to you, execute the Statutes
touching the same. All which Premises ye shall duly
and truly do and keep, as God help you, and by the
Contents of this Book; and also do make a true and
faithful Accompt of all such Profits and Casualties as
cometh and groweth of the said Office, or that ye
shall be charged with in the Time of your occupying
the said Office of Sheriffwick, as God you help, and
by the Contents of this Book. Also ye shall utterly
testify and declare, in your Conscience, That the said
King's Highness is the only Supreme Governor of this
Realm, and of all other His Highness's Dominions and
Countries, as well in all Spiritual and Ecclesiastical
Things or Causes, as Temporal; and that no Foreign
Prince, Person, Prelate, State, or Potentate, hath, or
ought to have, any Jurisdiction, Power, Superiority,
Preheminency, or Authority, Ecclesiastical or Spiritual, within this Realm; and therefore ye shall truly
renounce and forsake all Foreign Jurisdictions, Power,
Superiorities, and Authorities, and shall promise, that
from henceforth ye shall bear Faith and true Allegiance to the said King's Highness, His Heirs, and
lawful Successors; and to your Power shall assist and
defend all Jurisdictions, Privileges, Preheminences,
granted or belonging to the said King's Highness, His
Heirs and Successors, or united or annexed to the
Imperial Crown of this Realm. So help you God,
and by the Holy Contents of this Book.
"Cler. Parl. D. Com."
House adjourned till 9a cras.