DIE Veneris, 14 die Novembris.
PRAYERS, by Mr. Carter.
Ds. Grey de Warke, Speaker.
Ordinance for Mr. Lathom to be Rector of Standish.
An Ordinance was presented to the House, for making
of Mr. Paul Lathom Rector of the Church of Standish,
in the County of Lancashire; and read Twice, and
committed to the Consideration of these Lords following:
Any Three, to meet when they please.
Ordinance for Mr. Gee to be Rector of Eccleston.
Another Ordinance was presented to the House, for
the making of Mr. Edward Gee Rector of the Church of
Eccleston, and for providing for the Chapel of Dauglasse,
in the said Parish of Eccleston; and read Twice, and committed to the former Committee.
Answer from the H. C.
Doctor Aylett and Mr. Page return with this Answer
to the Message sent to the House of Commons Yesterday:
That they agree to the Paper concerning the Army;
as to the Earl of Chesterfield's Petition, the Alteration
in the Ordinance concerning Plymouth, and the Addition to the Ordinance concerning Lieutenant Colonel Boulstrode, they will take them into Consideration, and send an Answer by Messengers of their
Ordinance about Winwick Parsonage.
An Ordinance concerning the Parsonage of Winwicke, was presented to this House, and read Twice,
and committed to the Committee for the Church of
The Committee to meet on Monday Morning next.
The Lord North reported a Paper from the Committee of the Admiralty; which was read, as follows:
"Die Sabbati, 25 Octob. 1645.
At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
Prohibitions at Common Law to be prevented from staying Suits in the Admiralty Court.
"Whereas, by the Petition of Thomas Middleton
Mariner, and the Complaints of divers others, this
Committee is given to understand, that Prohibitions
are frequently solicited and obtained, at Common
Law, to stay Proceedings in the High Court of Admiralty; which is represented to us as a great Grievance, and an Intrenchment upon the Jurisdiction of
that Court, and that such Obstruction tends to the
Discouragement of the Mariner, and Prejudice of
Navigation and Trade."
Ordered, That it be recommended to both Houses
of Parliament, to appoint certain Members of either
House, to be a Committee of Lords and Commons, to
consider of the said Grievance, and to report their Opinion to the Parliament; and that they may thereupon settle and determine the Jurisdiction of the said
Court of Admiralty, as in their Wisdoms shall be
Committee to consider of it.
Ordered, That this House appoints this Committee
following, to join with a Committee of the House of
Commons; and to desire their Concurrence therein,
and to appoint a proportionable Committee:
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Mr. Herbert:
To desire Concurrence in an Ordinance for issuing
out One Thousand Pounds, out of the Excise, for the
Forces in Monmouth. (Here enter it.)
Read, and Agreed to.
The Answer returned was:
That this House agrees to this Ordinance.
Message to the H. C. about the following Particulars.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
1. To put them in Mind of the Business of Vice
2. To put them in Mind of Hancok's Business.
3. To put them in Mind of the Names of the Persons to be added to the Committee for the County of
4. To communicate the Paper reported this Day
from the Committee of the Admiralty; and to let
them know, that this House hath appointed a Committee of Five Lords, to consider of it; and to desire
that they would nominate a Committee of a proportionable Number of their House, to join with the said Committee, as is desired.
5. To put them in Mind of the Ordinance formerly
sent down, concerning Sir Rob't Sharpy.
Sir C. Mordant and Cole.
The House heard the Counsel on both Sides, concerning the Difference between Bassett Cole Esquire
Plaintiff, and Sir Charles Mordant Defendant.
The Plaintiff complaining, "That the Defendant
hath not obeyed to perform an Order of this House;"
the Defendant alledged an Agreement between them,
to which Mr. Cole
(fn. *) agreed.
But there appearing nothing satisfactory to this House,
but that Sir Charles Mordant hath not obeyed the Order
of this House, in performing what was Ordered: It
is Ordered, That Sir Charles Mordant shall perform
the Order of this House, which is to stand in Force;
and that the said Sir Charles Mordent shall be continued
in Custody of the Gentleman Usher, until he perform
and yield Obedience to the said Order.
Ordinance concerning Westminster College.
The Earl of Manchester reported from the Committee, the Ordinance concerning the College of Westm.
"That they think it fit to pass, with some Alterations;" which, being read, were approved of; and
Ordered to be communicated to the House of Commons, for their Concurrence.
The Earl of Manchester reported a Paper from the
Committee of both Kingdoms; which was read.
Die Jovis, 13 die Nov. 1645.
At the Committee of both Kingdoms, at Derby
Two Gentlemen will leave the King's Service, on the same Terms being granted them that P. Rupert had.
"Ordered, That it be reported to both Houses, That
Two Gentlemen now actually in the King's Service
are desirous to disengage themselves of that Service
for the future, upon the same Terms that are granted
to Prince Rupert; that neither of them are within
the First Exceptions made in the Propositions for
Peace: And it is the Opinion of this Committee,
That it were for the Advantage of the Parliament's
Service, that a Pass were granted to them, with their
Children, Servants, Horses, and other Necessaries, to
go beyond the Seas, if the House shall think fit;
and because the making thereof public might occasion the Ruin of the Gentlemen, the Committee
thought fit to conceal their Names till they should
be from under the Enemy's Power, and be come into
the Parliament's Quarters."
Ordered, That it is the Opinion of this House, to
leave it to the Committee of both Kingdoms, to give a
Pass to the Parties, to come into the Parliament's Quarters.
Answer from the H. C.
Doctor Aylett and Doctor Heath return this Answer
from the House of Commons:
That they are now in great Business, and will return
an Answer by Messengers of their own.
Message from thence, with a Letter to Scotland.
A Message was brought from the House of Commons, by Mr. Robert Goodwin;
To desire Concurrence in divers Particulars:
1. A Letter to the Parliament of Scotland, from both
Houses. (Here enter it.)
Read, and Agreed to.
concerning the one to the King of Denmark and M. of Brandenburgh;
2. That they have made some Alterations in the
Letter to the King of Denmarke, and also to the Instructions, wherein they desire Concurrence.
(Here enter it.)
3. An English Letter to the King of Denmarke.
4. A Letter to the Marquis of Brandenburgh.
5. Votes about the Letters to the King of Denmarke. (Here enter (fn. *) them.)
and for a Committee to meet about Church Government.
6. That the House of Commons doth agree to the
Order touching the Committee concerning Church
Government; and they desire their Lordships to appoint
a Time for this Committee to meet; and that the
Assembly of Divines may be acquainted with it.
Ordered, To meet in the Afternoon, upon Monday
next, in Jerusalem Chamber, at Three a Clock.
The Answer returned was:
That this House hath appointed Monday next, in
the Afternoon, at Three of the Clock, in Jerusalem
Chamber, for the Committee to meet concerning Accommodation in Church Government; and concerning the Letters to the King of Denmarke and the
Marquis of Brandenburgh, they will send an Answer by
Messengers of their own: To the rest of the Particulars,
this House agrees.
Mr. Rowe to carry the Letter to Scotland.
Ordered, That this House thinks it fit, that Mr.
Rowe doth carry the Letter to the Parliament of Scotland; and to desire the Concurrence of the House of
Letters to the K. of Denmark, &c.
The Letter to the King of Denmarke, and the Letter to the Marquis of Brandenburgh, were Agreed to,
with some small Alterations; and the Concurrence of
the House of Commons desired herein.
Message from the Assembly, about a Version of the Psalms.
A Message was brought, by Mr. Doctor Smyth &c,
from the Assembly.
The Paper was read, as follows. (Here enter it).
Thanks was given them, for their Pains in this Business.
Message to the H. C. about the Letters to Scotland and Denmark.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To desire their Concurrence in the Alterations in
the Letters to the King of Denmarke, and to the Marquis of Brandenburgh.
2. To desire Concurrence, that Mr. Will. Row may
be sent with the Letter to the Parliament of Scotland.
Order for 1000l. for Monmouth.
"Whereas, by an Order of the House of Commons, bearing Date 3 Novembris, 1645, One Thousand Pounds is assigned, out of the Receipts of the
Excise, to be paid in Course, for the Service of the
Forces of the County of Monmouth, the which said
Sum of One Thousand Pounds is advanced, by
Thomas Andrewes Alderman of the City of London,
Joshua Fowler Merchant, and others, by Way of
Loan, to be re-paid in Course as aforesaid: Be it
therefore Ordained, by the Lords and Commons
assembled in Parliament, That the said Sum of One
Thousand Pounds, with Interest, shall be reimbursed
and paid unto Thomas Andrewes Alderman, and Joshua
Fowler Merchant, in Course; and shall have Interest,
after the Rate of Eight Pounds per Centum, paid unto
them, by the Commissioners of Excise, at each Six
Months End, until the whole Sum, with the remaining Interest, shall be paid as aforesaid; which
several Payments of Interest, and Principal Money
and Interest, as aforesaid, the said Commissioners
of Excise are hereby required and authorized to
make due Payment of, from Time to Time, according to the true Intent and Meaning of this Ordinance, unto the said Thomas Andrewes Alderman,
and Joshua Fowler Merchant, their Executors, Administrators, or Assigns, or any of them, whose
Receipt or Receipts for the same shall be a sufficient
Discharge unto the said Commissioners of Excise,
and every of them, in that Behalf."
Letter to the Parliament of Scotland, about removing their Garrisons from the Borders.
"The Commissioners lately sent into Scotland have
made their Report unto both Houses, wherein (amongst other Things) they have received the Answers delivered by the Commissioners of that Kingdom appointed to meet with them, concerning the
Garrisons placed by the Scottish Army in the Towns
and Castles of Carlile, Newcastle, Tynmouth, Hartlepoole, Stockton, Warkworth, and Thirlewall, or elsewhere within the Kingdom of England, without the
Consent of both Houses of Parliament or their Committees (the Copies whereof, and of our Demands, we
herewith send you); with which Answers the Lords
and Commons assembled in the Parliament of England are not satisfied, the Garrisons (according to
their undoubted Right) not being removed: We are
therefore commanded by them to demand, and accordingly do in their Names demand, of the Parliament of Scotland, the Removal of the Scottish
Forces out of these Cities, Towns, Castles, and
Places; and, to the End that the Kingdom of Scotland may not be streightened in Time, they desire
this may be done before the First of March next;
and are further commanded, in their Names, to assure you, that thereupon all Accommodation shall
be made for the Security of the Scottish Army, according to the Offers and Engagements of their
Commissioners in that Behalf; it being the earnest
Desire and Intention of both Houses, to use all
Ways and Means for the Continuance of a right
Understanding and good Correspondence between
the Two Kingdoms, and, if possible, of a nearer
Union and Conjunction.
My Lords, we wish all Happiness to your Proceedings; and rest
Your Lordships very affectionate
Friends and humble Servants,
Grey de Warke, Speaker of the
House of Peers pro Tempore.
Letter from both Houses to the K. of Denmark, that they could not receive Sir J. Henderson as his Minister, on Account of his Delinquency here.
Serenissime ac Potentissime Rex, ac Domine Domine Benignissime,
Persuasum habentes vestram Majestatem Hendersonum huc remittere noluisse, si nostræ de eo querentes
Literæ ante ejus Reditum redditæ fuissent; nos
earundem (quæ forsan periisse possunt) Exemplar
hie transmittendum censuimus, quo & nostrum in
vestram Majestatem Studium, & Jure aversum ab
isto Hendersono Animum perspiciendum rursus exhiberemus. Quod autem vestra Majestas Christiani
Orbis pertinacem ac indies crescentem Calamitatem
miserta, condolenti etiam Oculo Angliæ Mala intuita,
suam huic Regno Operam diutius subtractam non
velit, sed potius Mediationem suam ad reducendam
nostram Pacem, ac restaurandam antiquam inter
nostrum Regem & ejus Regna Concordiam, nobis
offerre decreverit: Illud sane laudabile vestræ Majestatis Conamen & Studium gratissimo agnoscimus
semperque agnoscemus Animo, & maximas quas
possumus de tanto Favore agimus Gratias. Cum
verò æquas Pacis Propositiones, quas utraque Angliæ & Scotiæ Regna (pro sacro solemniter inito &
æternum duraturo Fædere) non ita pridem ad Regem nostrum misimus, comprobari & acceptari, reum
Regis Concilium impediverit; nos alios æquissimos
justæ Conciliationis & Pacis redintegradæ Articulos
jam remittere statuimus; quibus quidem tum ablatum vestræ Majestatis hoc in Negotio Studium
minus utile & meritò temperandum videtur, tum
etiam toti Christiano Orbi pariter ac vestræ Majestati abundè liquescere poterit, nunquam nos À
veræ Pacis Cogitatione fuisse, nec unquam futuros
alienos; quin nos id solùm anxiè & meritò semper
agere, ut Tribus hisce Regnis non sucata, sed genuina
& durabilis Pax; Regi nostro debitus Honor, Decor,
& Prosperitas sua; Orthodoxæ Religioni Observantia,
Parliamentis fundamentalia sua Privilegia, atque Subditis æqua & avita Libertas, secundùm horum Regnorum Jura & Constitutiones, & genuinum sacra inter Britannicas Nationes solemniter pacti Fæderis
Tenorem, restituatur & conservetur. Hæc verò omnia, & alia quæ in Mandatis dedimus, ut vestra Majestas ex Viro spectabili Richardo Jenkso Pluribus exposituro, benignè & plenâ Fide intelligere velit,
instantissimè rogamus, vestram Majestatem quám
diutissimé & prosperrimæ vivere, & omnia agree voventes."
Instructions for the Agent going to Denmark.
The Confidence we have of your Ability and
constant Fidelity induceth us again to employ (fn. *) you
to the King of Denmarke, to whom you are accordingly with all possible Expedition and Speed to
transport yourself; and, being arrived where you
shall hear of His Abode, you are without any Loss of
Time to demand Audience; and then, in due Manner, to deliver our Letters, the Copies whereof
(which shall be delivered unto you) might serve you
for Information of what Offices you are there to
perform; but yet, for your further and fuller Direction and Knowledge, you are to follow and observe
these ensuing Instructions:
It is not unknown unto you, how that King hath
lately sent again into this Kingdom Sir John Henderson, against our Expectation; we having, upon
the former Coming hither of the same Person (after
we dismissed him out of Prison only in Consideration of that King), desired His Majesty, by our
Letters, to forbear hereafter the Employment of
him, and such others as were guilty of Treason, as
this Henderson is, for having a long Time born Arms,
and by all Sorts and Acts of Hostility discovered
his ill Affections and traiterous Mind as well against
his native Country the Kingdom of Scotland, as
this Crown of England; which Letter of ours having been put into your Hands safely to be sent to
His Majesty, you will the easilier find out, whether it hath been delivered or not; and, finding
that it was not, then you are to deliver the Duplicate thereof you will receive to that End.
2. Howsoever, you are to assure that King, That,
not doubting of His Royal Good-affection towards
us, we also doubt not, but, had He received our
said Letters before He dispatched Henderson the
Second Time hither, or had He but been informed
by Henderson himself in the Truth of his First Journey and Behaviours, He would rather have forborn
than suffered this his Second Sending and Coming
over again; Henderson knowing full well he could
not be well received here, by what Pretence or Quality soever he could colour and cover himself; and
therefore, out of our great Respect towards that
King, rather than to punish him, and use him according to his Demerits, we have willed him to
make his Repair back again, without meddling with
whatsoever that King may have commanded or given
him Order in; yet, all his Disservices notwithstanding, the great Honour and Devotion we bear to
that King hath prevailed so much, that we have
with due Respect received His Royal Letters, and,
upon due Consideration thereof, found good by you
(expressly sent for that Purpose) to return our humble Thanks unto His Majesty, for His Royal Offer
of Mediation; which as we will always with all Honour and Gratitude acknowledge, and remain constant in our Esteem of His Princely Merits and
Favours towards us, and in our Affections and Endeavours toward Him, so do we hope and crave,
that His Majesty will likewise continue His wonted
good Affection towards us, and his laudable Care
for the Preservation of the mutual Friendship betwixt the Nations on both Sides.
And because these Kingdoms of England and Scotland are so united by their solemn League and Covenant, that none without the other may enter into
any Treaty touching War or Peace of either Kingdom; the said Realms have not long since jointly,
with One Accord, sent some reasonable Propositions
for a firm and solid Peace unto the King our Lord,
of which though His Majesty's old ill Council (which
hath so long misled Him) did then so much prevail, that the desired Success and expected Acceptation did not ensue; yet nevertheless, since it hath
pleased God ever since to give many apparent Testimonies of His great Mercies towards us, the said
Two Kingdoms, never receding from their lawful
Duty and Christian Obedience, are resolved and
preparing again some most reasonable and equitable
Propositions, to be sent unto His said Majesty our
King; whereby as we cannot but hope to reap
the long and much-desired Fruits of a perfect Peace,
so, as that King's Royal Offer and Office of Mediation will be no Way requisite, so also shall it
plainly appear, both to that King and before all
the Christian World, that our sole and whole Aim
hath always been, and is still, bent to re-establish
and settle these Kingdoms in an unfeigned true
Peace and Tranquillity; our King in His Royal
Throne with all due Honour, Glory, and Prosperity; the Church in the Orthodox Religion; the
Parliaments in their fundamental Privileges; and all
the Subjects in their due and ancient Liberty; all
according to the fundamental Laws and Constitutions of this Brittish Empire, and to the Solemn
National Covenant mutually sworn between these
"You are to give us speedy Advertisement of your
Negociation, and of all that shall pass betwixt the
King or His Council and you; and also take Order with Mr. Parker at Hamburg, and others wellaffected in those Parts, to give us from Time to
Time constant Advertisement of what the King treats
or doth, that may reflect on us."
Message from the Assembly, concerning Mr. Rouse's and Mr. Barton's Versions of the Psalms.
To the Right Honourable the House of Lords
assembled in Parliament.
The Assembly of Divines having received from
this Honourable House an Order, bearing Date
Octobr. 17, 1645, to read over and judge of Two
Books of David's Psalms, composed in English Metre,
by Mr. William Barton, and thereupon to return
their Judgement to this Honourable House, do humbly certify, That they had long before received an
Order from the Honourable House of Commons,
bearing Date Novembr. 20, 1643, to give their
Judgement touching the Psalms composed in Metre
by Mr. Rouse, a Member of that House; and that
thereupon there was a Committee appointed by this
Assembly, to consider of these Psalms; and that
the same Committee had with much Care perused,
and with great Diligence concurred with the same
Learned Gentleman, to amend and perfect his Copy,
and had fully finished that Work, before they received the said Order from the Honourable House
of Lords; and withall that the greatest Part of this
Version was sent to the General Assembly of the
Church of Scotland, and there put into the Hands
of a Committee, and by that Committee, so far
as they have examined it, very well approved; yet,
in Obedience to the Order of this Honourable
House, they appointed a Committee to consider thereof; and, upon the whole Matter, do find Reason
to certify this Honourable House, That albeit the
said Mr. Barton hath taken very good and commendable Pains in his Metaphrase, yet the other
Version, so exactly perused and amended by the
said Mr. Rouse and the Committee of the Assembly with long and great Labour, is so closely framed according to the Original Text, as that we humbly conceive it will be very useful for the Edification of the Church.
Prolocutor pro Tempore.
Henry Robrough, Scriba.
"Adoniram Byfeild, Scriba."
Letter to Col. Pointz, about Capt. Pendock's plundering the E. of Clare's House at Haughton, and ill-treating his Children and Servants.
This House having certain Information, by the
Complaint of the Earl of Clare, whose Sequestration
is taken off by Order of both Houses of Parliament, That Captain Pendock (under your Command)
hath much abused his Lordship (being quartered
in a Village near Haughton, his Lordship's House
of Residence), commanded from the said House
Provisions of Corn and other Things to the Value
of above Four Pounds every Day; with which not
being satisfied, hath committed his Lordship's Servants to the Common Goal, with Rogues and Cutpurses; and hath injuriously and insufferably wronged
his Children, against the Privilege due unto a Peer
of this Realm; which Things this House cannot
but think is done altogether without your Privity,
and much contrary to your Mind: I am therefore
commanded, as Speaker, to write unto you, and to
require, in the Name of the House, that you make
a thorough Examination of the said Abuses; and
that what Reparation may be, be forthwith made;
and that the Offenders be (fn. *) exemplarily punished
(if you shall find them guilty of the Complaints
above-mentioned), as well for the righting of the
said Earl, as deterring of others to commit the like
Abuses hereafter, which will be a Service very acceptable to this House.
So, having nothing further to trouble you with at
present, I rest
Westm. the 12th of November, 1645.
Your loving Friend,
"Grey of Warke, Speaker of the
House of Peers pro Tempore."
House adjourned till 10a cras.