Die Jovis, 27 die Novembris.
Prayers, by Mr. Salawey.
Ds. Grey de Warke, Speaker.
Order for a Thanksgiving in the Eastern Association.
Ordered, That Thursday, the 18th of December
next, be solemnly set apart and kept, through all the
Counties of the Eastern Association, as a Day of Public
Thanksgiving unto God, for His singular Mercies, in
preserving the said Counties so graciously from the Fury
and Violence of the Enemy: And it is referred to the
Committee of Lords and Commons for the said Association, to take Care that this Order be forthwith printed,
and sent to the several Committees of their respective
Counties, who are to communicate the same to the Ministers of all the Parishes within their several Divisions;
and they to publish it in their several Churches the
next Lord's-day after the Receipt thereof, that the
said Day may be kept accordingly with a Solemnity
answerable to those special Obligations of Thankfulness which God hath laid upon the said Counties.
The Concurrence of the House of Commons to be
The Earl of Warwicke reported a Paper from the
Committee for the Admiralty; which was read, as
Die Veneris, 20 Maii, 1645.
Dr. Walker to be Advocate of the Admiralty.
At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
Whereas Doctor Walter Walker was chosen by
this Committee, to be Advocate of the Admiralty and
Fleet, upon a Recommendation from the House of
Commons; Ordered, That he be presented from
this Committee to both Houses of Parliament, for
their Approbation in that Behalf, with a Desire to
have a convenient Salary allowed him for that Service.
Ordered, That this House approves of this Report;
and that it be specially recommended to the House of
Haule and Collins versus Maxwell in Error.
Upon reading the Petition of George Haule Esquire,
for a Writ of Error: (Here enter the Petition). It is
Ordered, That this Petition be respited till James Maxwell Esquire return out of Scotland.
Redness & al. and Petit.
Upon reading the Petition of Leonard Rednes, &c.
It is Ordered, That the Difference between the Petitioners and Mr. Petit shall be heard, at this Bar, by
Counsel on both Sides, the 12th of December next.
Committees for Nott. and Coventry.
The Names added to the Committees for Nottingham,
was read, and Agreed to. (Here enter it.)
The Names added to the Committee for Coventry, was
read, and Agreed to. (Here enter it.)
E. of Stamford's and Ihannes' Businesses.
Ordered, That the Committee for Privileges, appointed to meet this Day, shall (fn. *) meet on Tuesday next,
in the Afternoon.
Sir W. Russel & al. and Lenthall & al.
Upon reading the Petition of Sir Wm. Russell, &c.
(Here enter it.) It is Ordered, To be referred to the
Consideration of the Committee for Privileges, to meet
on Tuesday next; and the Judges to attend, and the Petitioners to be then present.
Preachers at the Fast thanked.
Ordered, That Mr. White and Mr. Burroughs shall
have Thanks given them, for their Sermons preached
Yesterday; and desired that they will print and publish their Sermons.
Preachers at the next.
Ordered, That Mr. Greenhill and Mr. Gower are
appointed to preach the next Fast-day, before the Lords,
in the Abbey Church.
Letter to the Parliament of Scotland, about Belfast.
The Lord Wharton reported the Letter to be sent to
the Parliament of Scotland, concerning the Garrison of
Belfast, in Ireland; and the Committee thinks it fit to
pass, with an Alteration; which were read, and Agreed
to; and Ordered to be communicated to the House
of Commons, for their Concurrence in the Alteration.
Message to the H. C. with an Ordinance;
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
1. To desire their Concurrence in the Ordinance for
Thanksgiving within the Counties of the Eastern Association.
for Dr. Walker to have a Salary; and that the Commissioners of the Admiralty may hear his Report.
2. To recommend the allowing of Doctor Walker to
have a Salary.
3. To let them know, that this House agrees to refer
the Hearing of Doctor Walker's Report concerning his
Negotiation to the Committee for the Admiralty; and
they to make Report thereof to this House; and to
communicate the Letter of the Governor of Flanders
to them, and desire it may be referred to that Committee.
and about the following Particulars.
4. To recommend the Lord Cromwell's Petition to
5. To recommend to them, that John Locker be Commander of the Prize Ship taken at Weymouth.
6. To put them in Mind of the Earl of Chesterfield's
7. To put them in Mind of Captain Canon's Ordinance.
8. To desire their Concurrence in the Alterations in
the Letter to be sent to Scotland.
The Answer returned was:
That they agree to the Alterations in the Letter to be
sent to the Parliament of Scotland: (Here enter it.)
And to the Business of Doctor Walker; to the Order for
Thanksgiving: To all the rest of the Particulars, they
will send an Answer by Messengers of their own.
E. of Devonshire's Composition.
The Order concerning the Earl of Devonshire's Composition was read; and it was Ordered to be respited
till the Lord Howard do inform this House that the said
Earl hath perfected his Composition at Habberdashers
Hall, for his Fifth and Twentieth Part.
L. Grey to send Horses to France.
Ordered, That the Lord Grey of Warke shall have
Liberty to send into France Two Nags, or Geldings,
Custom-free, to Grey Esquire, Son of the said
Ordered, That the Ordinance concerning Bristoll
shall be taken into Consideration To-morrow Morning,
the First Business.
Upon hearing the Counsel of Mrs. Stapilton, against a
Decree in the Court of Wards: It is Ordered to be
taken into Consideration on Saturday next.
Committees for Nottingham and Coventry.
Ordered, by the Lords and Commons assembled
in Parliament, That Colonel Henry Ireton, Major
Jarvase Lomax, John James Alderman of Nottingham,
and Mr. John Hooper, shall be, and are hereby, added
to the respective Committees for the Town and County
of the Town of Nottingham and the County of Nott.
Resolved, by the Lords and Commons, &c. That
Richard Jesson Mayor of Coventry, John Hale Esquire,
Thomas Ward Alderman, and Thomas Forest Alderman
there, shall be, and are hereby, added to the Committee of the City of Coventry and the County of
the same, for Assessing and Sequestrations there.
Sir W. Russell & al. versus Lenthall & al. about a Suit in the Admiralty Court.
The Right Honourable the Lords in Parliament
The humble Petition of Sir Wm. Russell Knight
and Baronet, Wm. Geeres, John Wood, George
Fletcher, and others;
That whereas the King's Majesty long since made
a League with the King of Barbary, wherein, amongst
other Things, it was articled, "That His Majesty's
Subjects should have Liberty to trade into Barbary,
so that they did not trade into those Parts of the King
of Barbarye's Dominions then in Rebellion against
Him;" whereupon His Majesty, by His Letters Patents, granted unto all His Subjects free Liberty to
trade and traffic into the said Kingdom of Barbary,
the Places before excepted; and thereupon your Petitioners and others, with a joint Stock of Twentythree Thousand Pounds and upwards, trading into the
said Kingdom of Barbary, and to that Purpose having
divers Factors and Agents there, were informed by a
Letter from The Downes, that there was a Ship then
residing there, called The Hopewell, whereof Thomas
Lenthall, John Marston, and others, were Owners and
Freighters, laden with Goods and Merchandizes most
proper for those Parts of Barbary then up in Rebellion; and that the Captain and Factor of the said Ship
had openly declared, that they were bound to trade
with the Rebels there; and your Petitioners, knowing
the same would not only be a Confiscation of all their
Stock, but also for the Forfeiture and Loss of all the
Lives of all their Factors and Agents there, your Petitioners, or some of them, did thereupon shew the
said Letter to Secretary Cooke, who, as your Petitioners were informed, did acquaint His Majesty with
the same; and thereupon, by Order of the Council
Board, the said Ship was stayed; and afterwards,
upon the Petition of the said Marston and Lenthalls,
pretending they did not intend to trade with the
Rebels, was released, but was again, by His Majesty's
Royal Command (without any Solicitation or Procurement of any of your Petitioners), staid until such
Time as the said Marston and Lenthalls should enter
Security not to trade with the said Rebels; which
they refusing to do, the Ship was not permitted
to go her said Voyage; but the said Marston and
Lenthalls, or others, unladed Part of the said Goods
into other Ships, which they did trade with the said
Rebels, whereby your Petitioners lost all their said
Stock; and some or most of their Factors and
Agents were and are still imprisoned: Yet, notwithstanding, the said Marston and Lenthalls have libelled
against your Petitioners in the Admiral Court, for the
Stay of the said Ship, and, by indirect Proof of Witnesses, examined upon illegal (fn. *) Commissions and otherwise, obtained Two several Sentences against your
Petitioners, the one for Six Hundred Pounds, and
the other for Four Thousand Pounds, from which
Sentences your Petitioners appealed to Commissioners
Delegates; whereupon the said Lenthalls and Marston
petitioned the Honourable House of Commons, who
referred the same back to the Delegates; but, at the
Hearing, and after the Cause was entered into, your
Petitioners and their Counsel were restrained to
alledge any Plea to the Jurisdiction of the said Court,
or Matter of Law, for their just Defence; and, as
your Petitioners humbly conceive, the Commissioners
Delegates were also restrained and directed to determine the said Cause only upon the Matter in Fact,
without Consideration of the Matter in Law; by reason
of which Restraint and Direction, the Commissioners
Delegates have confirmed the said Sentence of Six
Hundred Pounds, with One Hundred and Fifty Pounds
Costs more against your Petitioners, and are likely
also to confirm the said Sentence of Four Thousand
The humble Suit, therefore, of your Petitioners is,
that your Lordships would be pleased to take
the said Cause and Matter into your Considerations; and that your Petitioners may be
admitted to take the Benefit of the Laws and
Statutes of this Kingdom for their just Defence; and that the Execution of the said
Sentence, and all other Proceedings before
the Delegates, may be staid until your Lordships have heard and determined the same.
And your Petitioners shall pray, &c.
Letter to the Parliament of Scotland, for Belfast to be given up by their Forces to the English.
The Houses of Parliament having received a Representation of the Estate of their Affairs in the
North Parts of Ireland, and being on Considerations
how they may make Preparation against the ensuing
Spring for the carrying on of the War to the Encouragement of the Brittish Forces in those Parts,
have commanded us to signify unto you, that both
Houses have Ordered their Commissioners, lately sent
into those Parts, to demand and receive the Town of
Belfast from the Officers of the Scottish Army, for
the Quartering some of the Brittish Forces there;
and, left there should be any Failure hereof, whereupon so much of the good Conduct of that Affair
depends, we are commanded, in the Name of the
Lords and Commons assembled in the Parliament of
England, to demand, and in their Names we do demand, that your Directions and Orders may be sent
to such Officer as commands the Scottish Army in
Chief within that Province, that the Town of Belfast
be delivered over to the Commissioners sent from this
Parliament, to be disposed of for the best Accommodation of that Service; and desire that the said Town
may be delivered accordingly by the 11th of January next: This being all we have in Charge at present, wishing much Happiness and Prosperity to your
Proceedings, we rest."
Ordered, by the Lords and Commons in Parliament, That the Committee of Lords and Commons for
the Affairs of Ireland do with Care and Diligence
send (fn. *) "
Haule and Collins versus Maxwell in Error.
To the Right Honourable the Lords in Parliament assembled.
The humble Petition of George Haule Esquire,
and John Collyns Gentleman;
That there was a Recovery in the Exchequer,
2° Car. upon an Information of Intrusion, at the Suit
of His Majesty, by the Prosecution of Robert Maxwell Esquire, His Majesty's then Servant, upon a
special Verdict, whereby the Parsonages of Bocton,
Aloph, Brensett, and the Vicarage of Wye, in the
County of Kent, were recovered, by Judgement thereupon, by the said Mr. Maxwell, against your Petitioner George Haule, and your Petitioner Collyns his
Now, forasmuch as the said Judgement given upon
the said Information is in itself erroneous, and insufficient in the Law (as your Petitioners are informed by
their Counsel), and the Proceedings thereupon contrary to Law;
May it please your good Lordships to give Direction and Warrant to the Cursitor of the
said County, to issue out a Writ of Error in the
said Cause, returnable in this High and Honourable Court of Parliament.
"And they shall pray, &c.
House adjourned till 9a cras.