Die Saturni, 15 die Novembris.
PRAYERS, by Mr. Carter.
Ds. (fn. *)
Grey de Warke, Speaker.
Worger to be inducted to Brashbrough.
Ordered, That Sir Nath. Brent shall give Institution and Induction to Alexander Worger Clerk, and
Master of Arts, to the Rectory of Brashbrough, in Lyncolnshire.
Message to the H. C. for Concurrence in Ordinances.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
1. To desire their Concurrence in the Ordinance
concerning the Abuse of Coats of Arms.
2. To desire Concurrence in the Alterations in the
Ordinance concerning the College of Westm.
and Letters to Denmark, &c.
3. To desire Concurrence in the Ordinance concerning the Letter to the King of Denmarke, with the
4. To desire Concurrence in the Letter to be sent
to the Marquis of Brandenburgh, with the Alterations.
Lady Stapleton's Cause.
Ordered, That the Cause between the Lady Stapilton and the Court of Wards shall be heard by this
House on Thursday next; the 20th of this Month.
Earl of Ancram's Petition for Privilege, as a King's Servant.
Upon reading the Petition of the Earl of Ancram,
a Servant to His Majesty; desiring "the Protection of
this House, as his Privilege, in being the King's
Servant." (Here enter it.)
It is Ordered, To be considered of on Tuesday
Morning next; and the Proceedings of this House to
be considered of, whether Privilege in this Kind hath
not been denied to the King's Servants.
Berchet & al. Petition about Hatfield Chase.
Upon reading the Petition of Peter Berchett Minister
of God's Word, John Barrell, &c. concerning the Inhabitants of the new-improved Grounds lying in the
Level of Hatfield Chace. (Here enter it.)
It is Ordered, To be referred to the Committee of
Petitions, who, after Consideration thereof, are to report their Opinions.
Mr. Rowe to carry the Letter to the Parliament of Scotland.
Ordered, by the Lords assembled in Parliament,
That Mr. William Rowe, Secretary to the Commissioners that were sent from both Houses to the
Parliament of Scotland, shall carry the Letter and
other Particulars to be now sent from both Houses
to the Parliament of Scotland, concerning the Delivery-up of the English Garrisons now in the Possession of the Scottish Forces; and desire an Answer
to the said Letter, and return with Diligence.
"And it is further Ordered, That it be referred to
the said Commissioners of both Houses, to dispatch him accordingly; and to send Duplicates
by another Hand, for more Security, if they shall
The House this Day further proceeded to hear the
Counsel concerning the Cause between Anne Hawes
Widow, &c. and Nic's Hawes, concerning a Decree in
the Court of Wards.
But, before the Counsel were called in, the House
gave Directions to the Gentleman Usher, to know of
the Attorney of the Court of Wards and Liveries that
now is, whether he desires to be heard concerning this
And the Gentleman Usher returned with this Answer from him, "That he did not desire to be heard,
unless the House would command him."
Hereupon the House (fn. *) gave him Command herein.
The House proceeded to hear the Counsel of the
Plaintiffs and Defendant.
The Counsel of the Plaintiffs desired the Reversal of
the said unjust Decree in the Court of Wards, and
direct a Trial at Law for the Inheritance.
The House taking this whole Business into Consideration; and it appearing that the Court of Wards,
in decreeing Matters of Inheritance, and in depriving
the Testimony of Witnesses, by being made to consess an Entry, and so were made Parties to the Cause,
was unjust; and, by the Statute, that Court hath no
Power to decree Inheritances.
Decree of the Court of Wards concerning it, reversed.
It was Resolved, upon the Question,
"That the said Decree is hereby revoked, and made
void; and a Trial be had at Law."
And the Earls of Lyncolne, Bolingbrooke, and Denbigh, and the Lord Wharton and Lord Robertes, are
appointed to meet, (fn. †) and draw up this Decree, and
how to direct a Trial at Law.
To meet on Wednesday Morning next; and Mr.
Justice Reeves and Justice Bacon to attend the said
Sir C. Mordaunt and Cole.
Upon the humble Desire of Sir Charles Mordant,
with Consent under the Hand of Basset Cole, "That
he might have Enlargement of Ten Days; and
that, if in those Ten Days he do not give Mr. Cole
Satisfaction according to the Order of this House,
he may be a Prisoner again, according to the same
Which this House Ordered accordingly.
No Message to be received after Noon.
Ordered, That no Message be received from the
House of Commons after Twelve a Clock.
Paper from the Scots Commissioners.
A Scotch Paper was read; and Ordered to be sent
to the House of Commons. (Here enter it.)
E. of Ancram's Petition for Privilege, as a King's Servants.
To the Right Honourable the House of
"The Petition of Robert Earl of Ancram;
That whereas your Petitioner's Estate lying most
Part of it in Som'settshyre, where he can receive
nothing of it, because the Armies have been there
so long, the Tenants pretend that all they have is
taken by the Soldiers, and for paying of Assessments.
And whereas he hath, out of the Exchequer, a
Pension for his long Service in the King's Majesty's
Bed-chamber, whereof he can receive little, for the
Public Charge, as is well known to the Committee
of the Revenue; his Creditors notwithstanding do
daily importune him, and threaten him with Arrests,
and Imprisoning of his Person.
May it therefore please your Lordships to consider
the Degree he hath in the Kingdom where he was
born, and in what Manner he hath lived in this
Kingdom as Gentleman of His Majesty's Bedchamber, since the 1612 Year of God; and, though
he hath not the Privileges of this Kingdom, your
Lordships will be pleased to think it very unfit
that (fn. *) he should be obnoxious to the Affronts of every
common Officer who may do him Public Disgrace.
And therefore be pleased to grant him a Protection, for the Safeguard of his Person and
Goods, until such Time as he may be
enabled, by the Payment of that which is
due to him, to give his Creditors Satisfaction,
whereof he is most careful.
And your Petitioner shall pray, &c.
Berchet & al. Petition, for the French and Dutch Congregations to enjoy their Possessions quietly, in Hatfield Chace, in the Isle of Axholme; and for the Minister to have his Stipend.
To the Right Honourable the Lords in
the most High Court of Parliament assembled.
The humble Petition of Peter Berchett Minister
of God's Word, John Barrell, and John
Amorye, as well for and on the Behalf of
themselves, as other the French and Dutch
Inhabitants of the new-improved Grounds,
lying in the Level of Hatfeild Chace and
Parts adjacent, in the Isle of Axholme, in the
several Counties of Yorke, Lincolne, and
That your Petitioners, and other the said Inhabitants, or some of them, have, for the Space of
Sixteen Years now last past, been Farmers and
Occupiers of divers great Parcels of Land, lying
in the said Level, and Parts adjacent thereunto
belonging, in the said Isle, which were heretofore
surrounded and drowned with Waters, and, at the
great Expence of above Two Hundred Thousand
Pounds, drained by Sir Cornelius Vermuyden, and
other the Participants in the said Level, which Lands
were before of little or no Use or Value; but, by
the great Industry, Charge, and Labour, of the said
Participants and your Petitioners, are now become
very fruitful, and commodious to the Commonwealth, by the great Quantities of Corn and Rapeseed there growing.
That they have built many Houses, and a Church;
and have a settled French Congregation amongst
them, consisting of above One Thousand Souls;
and that the said Participants have, by Agreement
amongst themselves, contracted to allow their Minister Threescore and Ten or Fourscore Pounds
per Annum, for his Pains to be bestowed, among
That, notwithstanding your Petitioners so long
and quiet Possession of the said Lands, and that
that Part thereof which lyeth in the Isle of Axbolme
was settled upon the said Participants by a Decree
of the Court of Exchequer, made by Consent of the
most Part of the Inhabitants of the said Isle; yet
nevertheless a great Multitude of the meaner Sort
of the Inhabitants of the said Isle have, about a
Month since, raised a Commotion, and, in a most
riotous, violent, and barbarous Manner, without any
Order of Law, entered upon your Petitioners Possessions, lying in the Manor of Epworth, within the
said Level; thrown down their Fences and Inclosures; destroyed the most Part of your Petitioners
Corn and Rape-seed there growing, to a very good
Value, with their Cattle; broken, cut in Pieces, and
burnt, most of the Petitioners Ploughs and Implements of Husbandry; and offered and committed
other great Outrages, by beating and wounding your
Petitioners; and daily threaten to pull down all the
Petitioners Houses, and their Church; and thereby
utterly supplant and drive them away, to the utter
Undoing of your poor Petitioners, their Wives and
Their humble Petition therefore is, that this
Honourable Assembly (the Premises tenderly considered) will be pleased to Order,
that they may quietly enjoy their Habitations
and Possessions, and the Comfort of their
Labours, without any further Disturbance;
and that some speedy Course be taken, to
suppress such exorbitant Riots and Outrages;
and that your Petitioners may receive Satisfaction for the great Loss and Damage
they have sustained from the Ringleaders of
the said Commotion; that their Congregation may be established in Peace; and that
their Minister may have his promised Allowance duly paid him, which is detained
from him by the said Participants.
And the Petitioners shall ever pray, &c.
Paper from the Scots Commissioners, for Evidence against Ls. Sinclare, Levinston, and Montgomery, concerning their holding Correspondence with the Enemy:—And desiring Money and Cloaths for the Scots Army.
The Lord Sinclare, Lord Levingston, and Lord
Mountgomery, being called to appeare before the Parliament of Scotland, to answere to some Informations
against them, concerning their holding Correspondence with the Enemy the Tyme of their being
here in England; wee doe earnestly desire, that, if
there bee any Thing amongest the Letters and Papers of the Enemyes lately intercepted, and brought
to the Houses of Parliament, or any other Information which may give further Light in this Busines, that it may bee comunicated unto us, to bee
sent to the Parliament of Scotland.
The pressing Wants and Necessityes of the Scottish Army doe enforce us againe to importune the
Honnorable Houses, to give Order for Money and
Clothes to bee sent to them, to cover their Nakednes, and defend them from the Couldnes of the
Season, now daily encreasing; and withall wee intreate for a speedy Answere to our former Papers,
that wee may bee able to give an Accompt of our
Proceedings to the Parliament of Scotland.
14th Novemb. (fn. *) 1645.
By Comaund of the Commissioners for the
Parliament of Scotland.