DIE Martis, 10 die Februarii.
PRAYERS, by Mr. Lightfoote.
Comes Manchester, Speaker.
Ds. Grey de Warke.
Ld. Morley, a Pass, to come up to compound for his Delinquency.
Upon reading the Petition of Henry Lord Morley and
Mountegle; shewing, "That whereas he having voluntarily submitted himself to the Parliament, upon the
28th of November last, by virtue of a Pass from Colonel Thornton, to the End he may compound for his
Estate, according to the Ordinance of Parliament;
therefore desires some Course that he may be brought
to London in Safety."
It is Ordered, That he shall have the Pass of this
House, to come up safely to London.
Answer from the H. C.
Sir Edward and Mr. Page return with this Answer from the House of Commons:
That concerning the Conference, they will send a
speedy Answer, by Messengers of their own: As concerning the Ordinance for making the Master of the
Hospital of Loycester, they will take it into speedy Consideration, and send an Answer by Messengers of their
Message from thence, to defer the Conference about the Propositions concerning Ireland;
A Message was brought from the House of Commons,
by Sir Henry Mildmey Knight:
1. To let their Lordships know, that the Business of
the House of Commons is now so great, and in regard
of the Propositions, that they desire their Lordships
would please to defer the Conference until some further
to expedite some Ordinances;
2. To desire their Lordships would please to give
Expedition to the Ordinance concerning Martial Law.
3. To desire Expedition in the Ordinance concerning
beating up of Drums for Recruit of Sir Thomas Fairefax' Army.
4. To desire Expedition in the Ordinance concerning
Commissioners for the Church Government.
to communicate the Vote for limiting the Scots Horse to the Commissioners; and with Orders.
5. To desire that the Vote for reducing the Scotts
supernumerary Horse may be communicated to the Scotts
6. To desire Concurrence in an Order concerning
Colonel Nedham, Governor of Leycester.
7. To desire Concurrence in an Order of giving Allowance to Sir James Harrington.
The Answer returned was:
That this House will take these Particulars into Consideration, and will send an Answer by Messengers of
Reduced Scots Officers Petition, for Necessaries.
A Petition from the Scotts Officers reduced, was read;
setting forth "their great Want of Necessaries, to
sustain them from Starving."
It is Ordered, That this Petition be specially recommended to the House of Commons.
Letters concerning the E. of Glamorgan's Treaty with the Irish Rebels.
Next, some Letters were read, which were, by Captain Moulton, Admiral of the Irish Seas, taken and sent
up; wherein was divers Letters, and the Copy of the
Articles which the Earl of Glamorgan made with the
Irish, for sending over Ten Thousand Irish; and a particular Letter of the pretended Earl of Morgan to his
Lady in England, shewing how kindly he is used by the
Lord of Ormond and the Council there, he being accused by the Lord George Digby of High Treason.
And it is Ordered, That these Letters be sent down
to the House of Commons.
Fincham and Slipper versus Cook, in Error.
Upon reading the Petition of Tho. Fincham and Arthur Slipper; desiring "they may have an Order of this
House, for the granting them Liberty to have a Writ
of Error." (Here enter the Petition.)
It is Ordered, That the Petitioners shall have an
Order of this House, directed to Mr. Justice Bacon, for
the issuing out of a Writ of Error, according to the usual
Form; and certify the Proceedings of the Cause unto
Ordinance for Martial Law in Aylesbury, &c.
The Ordinance concerning Martial Law for the Garrison of Aylsebury and Newport Pagnell, was read, and
passed with a Proviso.
Propositions concerning the City.
Ordered, That the Propositions concerning the City
shall be sent to the House of Commons, by a Message,
Message to the H. C. for the Propositions concerning the City to be sent to the King.
A Message was sent to the House of Commons, by
Mr. Justice Pheasant and Mr. Justice Rolls:
To let them know, that their Lordships have received lately a Petition from the City of London; and
this House taking their Desires in the said Petition [ (fn. *) into
Consideration], have agreed upon Two Votes, which
were communicated to the House of Commons, and their
Concurrence desired therein: And their Lordships taking
into Consideration the great and eminent Service and
Affection which the said City hath shewed to the Parliament and the whole Kingdom, they think it fit that
this Proposition concerning the Militia of the said City
be sent, as it was presented amongst those Petitions
(fn. †) as were treated on at Uxbridge, with the First Propositions to the King; and that the rest of the Propositions
concerning the City of London, to which this House
agrees, may be sent now to the King, wherein their
Concurrence is desired.
Pelham, Best, &c. for Depredations on the Ground near the Priory House of Rygate, belonging to the Counters of Peterborough, by Direction of Ld. Munson.
Upon reading the Affidavit of Thomas Forster, taken
before Mr. Page, "That, upon Wednesday the 4th of
February, 1645, he saw Four Workmen, videlicet,
Ric'd Pelham, Andrew Best, Wm. Snelling, and John
Baker, grubbing up of a Walnut-tree, upon the Ground
called The Lawne, near the Priory House of Rygate,
to which Piece of Ground the Right Honourable the
Countess Dowager of Peterborough layeth Claim; and
that this Deponent went to the said Workmen, and
demanded of them, who set them on Work; who
answered (fn. ‡) "John Holesworth did; and that my Lord
Munson would bear them harmless:" Whereupon
this Deponent told them, "They had best beware
what they did, for there was an Order of Parliament
to the contrary." Yet, notwithstanding, they continued working about the said Tree till that Night;
and a Load of Roots was then carried away by the
Lord Munson's Team: And this Deponent further
faith, That the next Day, being Thursday, February
5th, this Deponent served the Order of Parliament
upon the said Workmen, being then at Work again
about the said Tree. They thereupon desisting, told
the said John Holdsworth of the Business; who came
to this Deponent, and said, "That the Lord Munson
had sold him the Tree for Ten Pounds;" and Wm.
Snelling, One of the said Workmen, told this Deponent, "That he knew of the said Order Twelve Months
Conference to be had with the H.C. about it.
Ordered, That in regard this Business concerns
the Lord Munson, a Member of the House of Commons,
it be communicated to the House of Commons, at the
next Conference; with a Desire that there may be a
good Correspondency kept between the Two Houses in
Point of Privilege; and that some Consideration may
be had, that Justice may be administered where it is
Ordered, That the Report concerning Mr. Jennings' Business shall be read the First Thing To-morrow
Morning; and the Ordinance for beating up Drums for
Volunteers to be the next Thing read after that.
Fincham and Slipper, Petition for a Writ of Error against Cooke.
"To the Right Honourable the Lords assembled
"The humble Petition of Thomas Fincham
and Arthur Slipper, of London, Merchants;
"That your Petitioners, in September, 1643, did
hire one William Cooke to carry in his Ship for them,
into Scotland, a certain Quantity of Malt, and there
to sell it at the best Advantage, and, with the Money
and Proceed thereof, to lade his said Ship Home back
again for them with Scottsh Coals, and bring them
to London, and return them the Overplus of the
"That the said Cooke accordingly carried the said
Malt into Scotland, and sold it for near One Hundred Pounds, and bought Scotch Coals, and laded
his Ship therewith, and brought them to Yarmouth
in Norfolke, and there sold them upon his own Accompt, and received the Money, and had agreed there
to take in a Freight to go beyond the Seas; which
your Petitioners hearing, and that he never intended
to return to London to give them an Accompt of their
Malt, endeavoured to arrest the said Cooke at Common Law; but could not, by reason he kept himself
always on Ship-board: Wherefore your Petitioners
were enforced to arrest his Ship by Process from
the Admiralty Court, or else to lose all their said
"Now so it is, may it please your Honours, that the
said CookedHen. IV.
for double Damages against such as prosecute in the
Court of Admiralty upon Contracts done at Land,
and hath recovered One Hundred and Sixty Pounds
Damages, besides Costs of Suit, in the Proceedings of
which Suit there are many gross Errors.
"May it therefore please your Honours to grant
unto your Petitioners His Majesty's Writ de
Errore corrigendo, directed to Mr. Justice Francis Bacon, commanding him to certify the
Proceedings of the said Suit unto your Honours in this Honourable House; and that
your Honours, upon Examination of the Premises, will be pleased to relieve your Petitioners herein as to your great Wisdoms shall
"And your Petitioners will ever pray,
Mrs. Stapleton's Cause.
Ordered, That this House will take into Consideration the Business of Mrs. Stapilton, and the Court of
Wards, the 14th of this Instant.
Pass for Lord Morley, &c.
A Pass for the Lord Morley and Mounteagle and his
Three Servants (videlicet), William Proctor, Wm. Chivell,
and Robert Crofte, with their Horses and Necessaries, to
come from Lancaster up to London.
Cotton Clare to be instituted to Broughton Ashley.
Ordered, by the Lords in Parliament assembled,
That Mr. Doctor Aylett, or such other as he shall appoint, are hereby authorized and appointed, upon Sight
of this Order, to institute and induct Wm. Cotton Clare
to the Rectory of Broughton Ashely, in the County of
Leicester; the said Mr. Cotton producing his Presentation thereunto, under the Hand and Seal of the Right
Honourable the Earl of Stamford, Patron; and this to
be a sufficient Authority for so doing.
House adjourned till 9a cras.