DIE Veneris, 13 Februarii.
PRAYERS, by Dr. Hill.
L. Viscount Say & Seale.
Ds. Howard de Escr.
Ordinance for Government of Cambridge University.
The Report was made from the Committee of the
Ordnance concerning the Well-government of the University of Cambridge, as fit to pass, without Alteration.
And it being read the Third Time;
It was Resolved, upon the Question, That this
House agrees with the House of Commons in
this Ordinance. (Here enter it.)
Ld. Buckhurst's Petition.
The Petition of the Lord Buckhurst was read; and
Ordered to be recommended to the House of Commons.
Message from the Assembly, for the Ordination of Ministers.
A Message was presented to this House, from the
Assembly of Divines, by Doctor Smith and others;
which was read, as follows. (Here enter it.)
The Answer returned was:
That this House gives them Thanks for their great
Care; and that their Lordships have appointed a speedy
Day for the taking this Petition into Consideration, and
other Things which concerns Church Government.
Ordered, that every Monday and Thursday shall be
set apart for the Dispatch and Expediting of the Business of the Government of the Church; and to begin
on Monday next.
Message from the H. C. to expedite the Ordinance for Martial Law;
A Message was brought from the House of Commons,
by Sir John Evelyn Knight, &c.
To let their Lordships know, that the Lack of passing
the Ordinance for Martial Law made Men bold and insolent, to act Things prejudicial to the Safety of this
Kingdom; they say, they have done what lies in them
for the passing of that Ordinance, and desire their Lordships to give Dispatch to that Ordinance.
and to communicate the Vote, for reducing the Scots Horse, to the Scots Commissioners.
2. To let their Lordships know, that the House of
Commons, have lately received Letters of the great
Pressures and Burthens that that the North suffers by the
Scotts Horse, as about Tickhill, whereupon the Town
of Sheffild have taken Arms in their own Defence; and
whereas this House hath agreed with the House of Commons in a Vote for reducing the supernumerary Horse in
the Scotch Army, they desire their Lordships Concurrence, that the said Vote may be communicated to the
The Answer returned was:
That this House will take this Message into Consideration, and return an Answer by Messengers of their
Letter from Sir T. Fairfax, about disbanding the Lifeguard, and raising a Regiment of Firelocks.
The Speaker acquainted [ (fn. *) the House with] a Letter
which he hath received from Sir Thomas Fairefaix;
which was read, as follows:
"I received your Lordship's Letter, and the Votes of
the House of Commons therein inclosed, concerning
the reducing of the Life-guard; and do with all Thankfulness acknowledge your Lordships Favour in desiring
to know my Opinion concerning it. If I look upon
the Public (as I desire to do in all Things I undertake), I cannot but conceive the raising of a Regiment of Firelocks, consisting of Five Hundred Men,
will be a Thing more serviceable to the State, than
to continue the Life-guard; which gives me full Satisfaction to desire your Lordships, that the Proposition for the reducing of the same may go on; and
for those Gentlemen that go off the Employment for
the Life-guard, and receive not Entertainment in the
Army, I shall be a Suitor unto both Houses of Parliament to take them into Consideration for their Arrears; which will add to those Favours which must always be acknowledged from
Chidley, Feb. 3, 1645.
"Your Lordship's humble Servant,
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore."
Votes about this Business.
Upon this, the Votes brought from the House of Commons were read; videlicet,
"Resolved, &c. That the Life-guard shall be reduced; and that the whole Troop shall be suddenly
paid off, except such as shall be employed as Officers
in a Regiment of Firelocks."
Agreed to, upon the Question.
"2. Resolved, &c. That there shall be a Regiment of
Firelocks raised for the General's Guard, instead of
the Life-guard, consisting of Five Hundred, divided
into Five Companies, under a Major and Four Captains, the Common Soldier to have 12d. each per
Diem, the Officers as Foot Officers of their Qualities;
and that as many of the Life-guard as the General
shall think fit be employed as Officers in this Regiment of Firelocks."
"3. That the Regiment of Firelocks be taken in,
and be made Part of his Army; and that the General do put Officers over them."
Next, the List of the Daily and Monthly Pay for
Five Hundred Firelocks for the General's Guard, was
read, and Agreed to. (Here enter it.)
Message from the H. C. with Ordinances;
A Message was brought from the House of Commons,
by Sir Tho. Dacres Knight;
1. To desire their Lordships Concurrence in divers
1. An Ordinance for the Scotts Army to have Fifteen
2. An Ordinance for One Thousand Pounds for
Colonel Mitton, out of the Excise.
3. An Ordinance for Two Thousand Five Hundred
Pounds to Colonel Sanderson's Regiment.
4. An Order for Three Thousand Pounds for
5. An Ordinance for taxing Six Hundred Pounds
Weekly upon the County of Hereford. for
Maintenance of the Forces of that County, for
and for a Conference about the Propositions.
2. To desire that their Lordships would please to
give a Conference, by a Committee of both Houses, so
soon as it may stand with their Lordships Conveniency,
touching the Propositions to be speedily sent away to
Ordered, To give a Conference, as is desired, Tomorrow Morning, at Ten of the Clock, in the Painted
The Answer returned was:
That this House will give a Conference To-morrow
Morning, at Ten a Clock, in the Painted Chamber;
as for the rest of the Particulars of this Message, their
Lordships will take them into Consideration, and send
an Answer by Messengers of their own.
Vote for reducing the Scots Horse, to be communicated to the Scots Commissioners.
Next, the House took into Consideration the communicating the Vote of the reducing (fn. *) the Scotts Horse.
And the Question was put, "Whether that the
Vote for reducing of the supernumerary Horse
in the Scotts Army shall be communicated to
the Scotts Commissioners by the Members of
both Houses that are of the Committee of
both Kingdoms, according to the Desire of the
House of Commons?"
And it was Resolved in the Affirmative.
Ordinance for Martial Law.
Next, the House took into Consideration those Alterations in the Ordinance concerning Martial Law, which
were not Resolved on Yesterday.
Resolved upon the Question, That this House agrees
with the House of Commons in leaving out the Word
The Question was put, "Whether to have the Proviso left out, according to the Desire of the
House of Commons?"
And it was Resolved in the Negative.
Conference to be had about it.
Ordered, To have (fn. *) a Conference with the House of
Commons, to let them know the Resolutions of this
House concerning the Alterations in the Ordinance for
Lords added to the Committee for Sequestrations.
Ordered, That the Earl of Essex, Earl of Midd.
Earl of Nottingham, Lord Robertes, Lord Mountague,
and the Lord Bruce, be added to the Committee of
Lords and Commons for Sequestrations; and the Concurrence of the House of Commons to be desired herein.
Message to the H. C. for their Concurrence; that the Lords agree to communicate the Vote for reducing the Scots Horse to the Commissioners;
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
1. To let them know, that this House concurs with
them, that the Members of both Houses that are of the
Committee of both Kingdoms do communicate to the
Scotts Commissioners the Vote concerning the reducing
of the Scotch supernumerary Horse.
2. To desire their Concurrence, for the Earls of Essex,
Midd. Nottingham, and the Lord Robertes, Lord Mountague, and the Lord Bruce, be added to the Committee
of Lords and Commons for Sequestrations.
about the Ordinance for Martial Law,
3. To desire that, at the Conference To-morrow
Morning, their Lordships may communicate to them
some Things concerning the Ordinance for Martial Law.
to remind them of Lady Drake's and the E. of Stamford's Businesses;
4. To put them in Mind of the Lady Drake's Business.
5. To put them in Mind of the Earl of Stamford's
and with Ld. Buckhurst's Petition.
6. To recommend to them the Petition of the Lord
Lilburn's Cause, concerning his Sentence in the Star-chamber.
This Day the House heard the Counsel of John Lilborne, concerning the unjust and illegal Proceedings and
Sentencing of him in the Court of Star-chamber; which
Cause was transmitted from the House of Commons to
receive the Judgement of this House, and for the Reparation of the said John Lylborne.
The Case was thus:
"Upon the 6th of December, 1637, John Lylborne
was attached, by a Warrant from Sir John Lambe,
Doctor Aylett, and Doctor Gwinn, and committed to
The Gate-house in Westm. without their calling of
him before them, or examining of him; and within
Three Days (by the Warrant from the Council
Board) was removed to The Fleete: After this, he was
sent for by Sir John Banks, to be examined upon
Interrogatories concerning himself; and he, knowing
it to be contrary to Law, did refuse to answer.
"In Hillary Term, he was brought to the Bar in
the Star-chamber, where there was no Bill or Writing against him; but an Oath tendered him, to make
true Answer to all such Questions as by that Court
should be demanded of him; which he refused to do,
as illegal: Whereupon he was again committed close
Prisoner to The Fleete, and ordered to be carried before Mr. Goade, then an Officer of the Star-chamber, to be examined, in case he refused to be brought
again to the Bar in the Star-chamber the next Court
Day, to receive his Sentence; and he refusing (upon
the former Grounds) to answer Mr. Goade's Interrogatories, he was brought to the Bar, where Sir John Bankes
the King's Attorney accused him with a verbal Accusation; upon which the aforesaid Oath was again tendered, which he refused as before, and thereupon was
sentenced to pay Five Hundred Pounds to the King,
and to continue Prisoner till he would conform to the
Obedience and Orders of that Court, and to be
whipped at a Cart's Tail, and to stand upon the Pillory, and to be bound with good Sureties to the good
"In Pursuance and Execution of this Sentence, the
said John Lilborne was, the 18th of April next after,
by divers Officers, carried out of The Fleete, into
the open Street at Fleete Bridge, where a Cart was
ready, and he commanded to be stripped, (fn. *) namely
from the Waste upwards, was tied by the Hands to
the Cart's Tail, and whipped from that Place all along
the Streets to Westm. Pallace Yard, where he was set
in the Pillory for the Space of Two Hours.
"And he being willing to declare to the People the
Innocency of his Cause; as he was speaking, the
Warden of The Fleete had Command from the Court
of the Star-chamber, to put a Gag in his Mouth;
which was accordingly done, with much Cruelty, for
the Space of One Hour and a Half.
"After this, the Court of Star-chamber made
an Order, dated the 18th of April, 1638, That
the said John Lilborne be laid alone (with Irons on his
Hands and Legs) in the Wards of The Fleete, where
the basest Sort of Prisoners used to be put; and that
the Warden of The Fleete take special Care to hinder
the Resort of any Persons whatsoever unto him."
And all the particular Matters of Fact being fully
proved at this Bar, by divers Witnesses upon Oath;
The Counsel desired, "That their Lordships would
vacate the said Sentence, as unjust, illegal, and contrary to the Liberty of the Subject; and give Reparations to the said John Lilborne, as their Lordships
shall think fit."
Sentence against him in the Star-chamber vacated.
The House taking this Business into mature Consideration; it was Ordered, Adjudged, and Decreed, Nemine Contradicente, That the said Sentence against John
Lylborne is illegal, unjust, and against the Liberty of
the Subject; and this House doth hereby declare the
said Sentence to be null and vacated, and to be taken
off the File.
Ordered, That as concerning Reparations to John
Lylburne, this House will (fn. †) take the same into further
Consideration some other Time.
Lee to be instituted to Cottesbatch.
Ordered, by the Lords in Parliament, That Sir
Nathaniell Brent Knight, Vicar General of the Province of Canterbury, or such other as he shall appoint,
are hereby authorized and directed, upon Sight of
this Order, to institute and induct Joseph Lee Clerk;
and Batchelor of Arts, to the Rectory of Cottesbatch,
in the County of Leicester, and Diocese of Lincolne;
the said Mr. Lee producing his Presentation thereunto
from the Right Honourable Wm. Lord Viscount Say
& Seale, Master of the Court of Wards and Liveries,
who hath presented him: And this to be a sufficient
Authority in that Behalf."
An Ordinance for the regulating the University
Ordinance for regulating the University of Cambridge.
"Whereas it is of very much Concernment for the
Welfare both of the Church and Kingdom, that there
be constant good Preaching continued in the University of Cambridge: It is Ordered and Ordained,
by the Lords and Commons assembled in Parliament,
That the Masters of the several Colleges and Halls in
Cambridge, (videlicet,) Doctor Bambridge Master of
Christ's Colledge, Doctor Love Master of Corpus Christi
Colledge, Doctor Badgcroft Master of Cayus Colledge,
Doctor Rainsbowe Master of Magdalen Colledge, Doctor
Minshall Master of Sidney Colledge, Mr. Anthony Tuckney Master of Emanuell Colledge, Mr. Herbert Palmer
Master of Queene's Colledge, Mr. John Arrowsmith
Master of St. John's Colledge, Mr. Thomas Hill Master
of Trinity Colledge, Mr. Thomas Young Master of
Jesus Colledge, Mr. Richard Vynes Master of Pembrooke Hall, Mr. William Spurstow Master of Katherin
Hall, Mr. Lazarus Seaman Master of Peter House, Mr.
Benjamin Whitchcott Provost of King's Colledge, Mr.
Ralph Cudworth Master of Clare Hall, do take Care
themselves to supply the Morning Course every Lord'sday, by Preaching at St. Marye's, unless by Sickness, or
necessary Absence, or some other sufficient Reason,
they be hindered; and in such Case the Parties so
hindered are to procure others in their Places: It is
further Ordered and Ordained, by the Authority
aforesaid, That the Heads of Houses do take Care that
there be such a Combination for every Lord's-day in
the Afternoon, as may then also maintain a constant
Course of orthodox and edifying Sermons there;
and that they do likewise take Care that there be
good Preaching in the University Church on Fast-day,
and Days of Thanksgiving: The Vice Chancellor for
the Time being is hereby Required and Ordered to
see these things duly performed.
And whereas the Government of Trinity Colledge is
settled in the Master and Eight Seniors, whereof divers
of them have been ejected: Be it Ordered and
Ordained, by the Lords and Commons assembled in
Parliament, That Mr. Harrison, Mr. Culverwell, Mr.
Croydon Junior, and Mr. Bradshaw, be made Seniors in
that College; and they are hereby enabled to act as
Seniors there, to all Intents and Purposes: It is further Ordained, by the Lords and Commons assembled
in Parliament, That George Griffith Master of Arts,
Thomas Disney, John Davies, Robert Twisse, Thomas
Jacombe, John Templer, John Badcock, Charles Robotham, Batchelors of Arts, shall be admitted into the
Fellowships of Trinity Colledge now vacant by Ejectment, and shall enjoy the Profit and Benefit belonging
to the said Fellowships, and exercise the Power of
Fellows in the said College.
It is likewise hereby Ordained, by the Lords and
Commons assembled in Parliament, That other Colleges in the said University of Cambridge shall choose
Fellows into the Places now vacant by Ejectment, according to their usual and accustomed Manner, as if
the Fellows so ejected had been naturally dead, or
resigned their Fellowships.
It is also further Ordered and Ordained, That
Jesus Colledge and Peter House shall have Power, and
are hereby enabled, to elect and admit Fellows into
the respective Colleges, without presenting any Names
to any Bishop."
Establishment for a Regiment of Firelocks, to be raised in Lieu of Sir T. Fairefax's Life-guard.
A List of the Daily and Monthly Pay of Five Hundred Firelocks, with Officers necessary for the same, for the
General's Guard, the Pay of the Officers according to the Entertainment of the Foot Officers in the Army
under Sir Thomas Fairefax' (fn. *) Command.
|General Officers; (viz.)"Major,
|Three Companies of Firelocks, viz. Captain,
|Two Serjeants at 18d. each,
|Three Corporals and Two Drums at 12d. each,
|100 Soldiers at 12d. each,
According to which Rates the Pay of Four such Companies more, each consisting of 100 men besides Officers,
|Sum Total, £.
|Whereof there is to be respited upon the Public Faith according to the Ordinance, One Third of the Major's Pay at 3s. per Diem, of the Provost Marshal's Pay at 1s. 8d. per Diem, and One Third of a Quarter-master's Pay at 1s. 8d. per Diem, and Half the Pay of each of the Five Captains at 7s. 6d. per Diem; in all,
Assembly of Divines Petition, for some Ministers to be ordained.
To the Right Honourable the House of Peers
assembled in Parliament.
The humble Petition of the Assembly of
Divines sitting by Ordinance of Parliament
"The Assembly of Divines calling to Mind that the
Honourable Houses of Parliament, out of their Care
for the Good of the Church, have published a late
Ordinance for the Ordination of Ministers in the
several Classical Presbyteries; and considering the
great and pressing Necessity of putting the same into
speedy Execution, by reason of the general Want of
able Ministers in very many Parts of the Kingdom,
whereby the People are utterly destitute of the Ordinances of Christ amongst them, notwithstanding
there be many pious and learned Persons fit for so
weighty a Service, and willing to enter into the Ministry, if this Door were open for their Admission;
do therefore humbly pray this Honourable House,
for the promoting of so important a Business, to take
some effectual Course for the present setting-up of
Classical Presbyteries, and that they may be required
presently to act as to this Particular; and because
such Presbyteries cannot haply be set up so speedily
in all Places as might be desired, that therefore those
which shall be first settled may have Power to ordain
for the Places next adjoining, till their own shall be
erected; and they farther humbly pray, that, for the
healing of so many abounding Evils amongst us, the
rest of the Government may be settled, according to
the Word of God and our solemn Covenant, with all
convenient Speed, as the other weighty Affairs of
the Kingdom will permit, and as to the Wisdom of this
Honourable House shall seem meet.
And they shall humbly pray, &c.
Cor. Burgesse, Prolocutor pro Tempore.
Henry Robrough, Scriba.
Adoniram Byfeild, Scriba."