DIE Martis, 17 die Februarii.
PRAYERS, by Mr. Scudder.
Comes Manchester, Speaker.
Answer from the H. C.
Mr. Baron Trevor and Mr. Justice Pheasant return
with this Answer from the House [ (fn. *) of Commons]:
Touching the Three Houses to be provided for the
Lord Mayor and the Sheriffs, (fn. †) they will return an Answer by Messengers of their own.
Sir P. Nash and Sir C. Crew, Passes.
Ordered, That a Pass be granted to Phillip Nash,
to go into France; and a Pass for Sir Clipsby Crewe, and
his Son and his Servants, to come into England.
Cambridge University Petition, for Abp. Bancroft's Books.
Upon reading the [ (fn. *) Petition of the] University of
Cambridge, concerning the Library at Lambeth: It is
Ordered, To be referred to these Lords following, to
consider of the said Petition; and to go to Lambeth,
and peruse the Library there, and report the same to
Mr. Justice Bacon, to assist.
Any Three, to go [ (fn. ‡) To-morrow] in the Afternoon to Lambeth.
E. of Newport bailed.
"Montjoy Co. Newport tenetur D'no Regi
"Nicholas Leake Arm. tenetur D'no Regi
"Rob't Chirstopher Arm. tenetur D'no Regi
"The Condition of the abovesaid Recognizances is,
That Montjoy Earl of Newport shall be a true Prisoner, and not to go out of the Precincts of the Liberties of the Parishes of Martin's in the Fields and
The Covent Garden."
Bacon, a Pass beyond Sea.
Ordered, That Mr. Nicholas Bacon shall have a
Pass, to go beyond the Seas; and the Concurrence of
the House of Commons to be desired herein.
L. Conway and M. Holles, Leave to raise 3000 Men for Venice, to serve against the Turks.
A Petition of the Lord Viscount Conway and Colonel
Gervas Holles was read; shewing, "That whereas the
Venetians are desirous to levy Men in this Kingdom,
for the Service of that Republic, against the Turke;
and to that End have offered Conditions to the Petitioners, for to raise Three Thousand Men for them:
Their humble Desire is, that they might have Leave
for to carry so many Men, and to prescribe a Way,
as (fn. *) the Wisdom of both Houses shall think fit."
Ordered, That this House gives Way to the Desire of the Petitioners; provided there be good Security given, that the Soldiers to be raised shall be landed
in the Territories of Venice:
Widow Wilson's Petition for Arrears.
Upon reading the Petition of Joane Wilson, Widow
of Lieutenant James Wilson, yet uninterred; desiring,
that some Part of her Husband's Arrears may be
It is Ordered, To be recommended to the House
Major Willet freed from an Arrest.
Upon reading the Petition of Edward Willet Major,
a Prisoner in The Fleete; shewing, "That he being
now in the Service of the Parliament, coming to London, is arrested for Thirty-eight Pounds."
It is Ordered, That he shall have the Privilege of
Parliament; and that a Habeas Corpus be granted out
forthwith, to bring him before this Bar.
Merchant Strangers to have the same Liberty here, that our Merchants have in Holland.
A Paper from The States Ambassador was read, concerning the Liberty of Merchant Strangers to be free
from Taxes. (Here enter it.)
It is Ordered, That they shall have the same Liberty that our Merchants have in Holland, according
to the Certificate now read; and concerning the rest of
the Particulars, this House thinks it fit to refer it to
Consideration of the Committee for Foreign Affairs,
who are to meet on Friday next, in the Afternoon, at
Three, in the Prince's Lodgings; and The States Ambassador desired to be then present: And the Concurrence of the House of Commons to be desired herein.
Montreul, French Agent, a Pass to the King.
Ordered, That Monsieur Montreul shall have a Pass,
to go to the King, to deliver such Letters to His Majesty as he hath from the French King and the Queen
Regent of France; and afterwards to go into Scotland;
but not to return to London again.
Pass for the E. of Northampton & al. to go beyond Sea.
The Lord Viscount Say & Seale reported a Paper
from the Committee of both Kingdoms; which was read,
"Die Lunæ, 16 Feb. 1645.
"At the Committee of both Kingdoms, at Derby
"Ordered, That it be reported to the Houses, That
the Earl of Northampton, for him himself and Twenty
Gentlemen and Officers, may have a Pass, to go beyond Seas.
to compound for his Delinquency.
"That it be also reported to the Houses, That the
Earl of North'ton may have Leave to send up a
Gentleman to compound for him; and that there
will be Security given, that while he is here, he
shall do nothing that is prejudicial to the Parliament."
Ordered, That this House gives Way to (fn. †) the Desires mentioned in this Paper; provided that none of
the Persons that are to go over the Seas with him are
excepted in the Propositions.
Propositions for a Peace.
Next, the House took into Consideration the Alterations in the Propositions, as they were last brought up
from the House of Commons; and this House agreed
with them, for leaving out the Saving in the Propositions concerning the Cinque Ports, &c.
And this House adheres to their former Resolution
in adding these Words ["in Pursuance of that which
is already agreed upon by both Houses of Parliament"],
in the 5th Proposition.
Committee to prepare Heads for a Conference about them.
Ordered, To have a Conference with the House of
Commons, to give Reasons for their Lordships adhering;
and the Lord Roberts and the Lord North are to draw
up the Reasons.
Letter from Bruges.
A Letter was read, from the Burgesses and Council
of the States of Bridges; and Ordered to be referred to the Consideration of these Lords following:
L. Viscount Say & Seale.
Any Five, to meet on Friday next, in the Afternoon; and those Agents as look after the Business to be present then.
Message to the H. C. with Sir G. Vane's Ordinance; and about the following Particulars:
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
1. To deliver the Ordinance for making Sir George
Vane Sheriff of the County Palatine of Durham, with
the Alterations, wherein their Concurrence is to be desired.
L Herbert's Letter;
2. To deliver to them several Letters of the Lord
Herbert, Eldest Son of the Earl of Worcester, which
were taken coming out of Ireland.
Capt. Fiennes's and Capt. Blaney's Petition;
3. To recommend to them the Petition of Captain
4. To recommend to them the Petition of Captain
5. To desire their Concurrence in the Ordinance concerning Fathers.
Ordinance for Martial Law.
6. To put them in Mind to expedite the Ordinance
for Martial Law for Sea.
Dimages for The Becasse;
7. To communicate to them the Report concerning
The Becasse; and desire that some Course may be taken
for the paying of Four Hundred Pounds out of the
Revenue of the Navy.
8. To deliver to them the Petition of Mr. Bacon;
and desire their Concurrence, that he, his Wife and
his Children, may have a Pass, to go into Italy.
9. To recommend the Petition of Joane Wilson to
them, and desire that some of her Husband's Arrears
may be paid her, to bury her Husband.
Kidley to be instituted to Shenfield.
Ordered, That Doctor Aylett shall institute and induct John Kidley Clerk, to the Rectory of Shenfield;
with a Salvo Jure to Right of any Person.
The Ordinance concerning Serjeant Berkhead was
read the Second Time, and referred to the Consideration of this Committee following:
L. Viscount Say & Seale.
Any Three, to meet when they please.
Message to the H. C. for a Conference on the Propositions;
A Message was sent to the House of Commons, by
Mr. Serjeant Fynch and
To desire a Conference, on Friday Morning, at Ten
of the Clock, concerning the Propositions.
about Lord Savill;
2. To put them in Mind of the Lord Savill's Business.
Capt. Phipps's Troop;
3. To desire Concurrence, that Captain Phipps's Troop
may be reduced into Major Shilborne's.
and the Scots Officers.
4. To put them in Mind of the Remonstrance and a
former Petition of the Scotts Officers.
Physicians Certificate concerning Sir Rob. Carr.
"A Certificate of the Physicians here underwritten, concerning Sir Rob'te Carr Baronet, was
this Day read, as followeth:
"According to an Order of the Third of this Instant,
from the Right Honourable the Lords in Parliament
assembled, we whose Names are underwritten, having
visited Sir Ro. Carr Baronet, do humbly certify, That,
in our Judgements, although we find him deeply
distempered with Melancholy, yet we conceive he
may be brought to appear before their Lordships at
the Hearing of the Cause in that Order mentioned.
University of Cambridge Petition, for some Books at Lambeth, left to the University by Abp. Bancroft.
"To the Lords and Commons assembed in Parliament.
"The humble Petition of the University of
"That whereas Archbishop Bancroft did, by his
Will, bearing Date the 28th Day of October, in the
Year 1610, bequeath a large Study of Books to
the Archbishops of Canterbury successively, upon
Assurance to be given for the Security and Continuance of the said Legacy to Succession; otherwise to
the College at Chelsy, if it should be erected within
Six Years then next ensuing, otherwise to the Public
Library of the University of Cambridge; And whereas it doth not appear to us that any such Assurance
is given, and it doth appear that the said College at
Chelsy is not yet, after so many Years, erected;
"May it therefore please this High and Honourable Court, out of their tender Care for the
Advancement of Learning and Piety, to take
so far into their Consideration the Cause of
this University in this Behalf, that the said
Legacy may be accordingly disposed to the
Honour and Ornament of the said University,
the facilitating the Means of Study by the
Addition of so great a Supply, and the settling
of their Petitioners in that Right and Possession, which, as they humbly conceive, falls
upon them by the Observation of the Testator's Intendment.
"And their Petitioners, &c.
"In Testamento five ultima Voluntate Reverendissimi
in Christo Patris Domini Ric'i Bancroft, nuper
Cantuariens's Archiepiscopi, gerente Datum 28
Die Mensis Octobris, Anno Domini 1610, & probatum apud London coram Venerabili Viro Domino Johanne Bennett Milite, Legum Dectore,
Cantuar. nostro five Custode
five Commissario legitimè constituto, duodecimo
Die Mensis Novembris, Anno prædicto, Juramento
Ric'i Bancroft, Executoris in eodem Testamento
nominati, penes Registrum Curiæ Prerogativæ
Cant. prædictæ remanen. & inde extract. inter alia in eodem, continetur prout sequitur;
Clause in the Archbishop's Will about them.
"Item, I give all the Books in my Study over the
Cloysters unto my Successors and to the Archbishops
of Canterbury successively for ever, if he, my next
Successor, will yield to such Assurances as shall be
devised by such Learned Counsel as my Supervisor
and Executor shall make Choice of, for the Continuance of all the said Books unto the said Archbishops
successively, according to my true Meaning; otherwise I bequeath them all unto His Majesty's College
to be erected at Chelsy, if it be erected within these
Six Years; or otherwise I give and bequeath them
all to the Public Library of the University of Cambridge: Touching this my Bequest and Legacy, there
may be some Defect in the same, which I desire may
be so supplied, as that all my said Books may remain
to my Successors, for that it is my chiefest Desire. And
if it might please His most Excellent Majesty and
His most Royal Successors, when They receive the
Homage of any Archbishop of Cant. first to procure
him to enter Bonds to leave all the said Books to
his Successor, my Desire herein will (fn. *) be greatly
"Concordat cum Registro prædicto, Collatione factâ per
||Mar. Cottle, Notarium Publicum."
Paper from The States Ambassador, in Behalf of the Merchants Strangers of The Intercourse.
"To the Honourable Parliament of England assembled at Westm.
"Most Noble and Honourable Lords, Knights, and
"The Merchants Strangers of The Entercourse residing at London did present a Petition unto me,
whereby they shewed, that an Act of Parliament
being passed, 16 Caroli, for the Imposition of One
per Centum (lately reduced to ¼
per Centum) upon all
the Goods and Merchandizes that come in or go out
of this Kingdom, for the Redemption of the English
Slaves taken by Pirates, Turkes, Moores, and others;
they were constrained, at the Beginning, to give an
Obligation for that Tax, and now to pay that Sum
per Centum in ready Money; and furthermore
per Centum more than the English, before they were
suffered to load and unload their Merchandizes:
They have also given me to understand, that, by Two
divers or several Ordinances of Parliament, passed
in the Year 1643 and 1644, Two Taxes, each of
them of ¼
per Cent. were set upon all Merchandizes
that come in or go forth of this Kingdom, for the
Entertainment of the Garrisons, and for the Defence
of the Towns and Ports, of Plymouth, the Isles of St.
Nicholas, &c.; and that the Collectors of those Taxes,
thinking those Merchants to be bound so to do, as
well as the English, before they permit them to load
and unload their Merchandizes, which did constrain
them, about September of the Year 1644, to present
a Petition, for their just Exemption, to the Two
Houses of Parliament, which did send them to the
Committees of Habberdashers Hall and Gouldsmithes
Hall; from whence they were sent to the Society of
the Merchants Adventurers, that the Contents of their
Petition might be considered, and afterwards reported; which Thing not being yet obtained, to their
great Prejudice and Damage, although they have solicited and followed it close, they come unto me,
that, by my Intercession towards your Lordships,
they may obtain an Exemption of those Taxes for
the future, and a full Restitution as well of the Obligations as of the Sums that they have been constrained
"Whereupon, my Lords, according to my Instructions, and in Continuance of my Duty towards the
General States of The United Provinces of the Low
Countryes my Superiors, and to prevent with all my
Power all that might shake the Love and Correspondence which hath anciently been reciprocally observed between the Two Nations, I think myself
bound to represent unto your Lordships, that, from
the Time of Edward the First, there hath been some
Treaties of Intercourse and Traffic between the
Kings of England and the Princes of The Lowe Countryes, which have been confirmed by the Kings Edw.
III. and Hen. VI. and since renewed, in the Year
1605, by a solemn Treaty between the King of England Henry VIIth, and Phillip the Archduke, which
Treaty hath been held for the principal Ground of
the Intercourse and Traffic, as well in the Reigns of
King Henry VIII. and his Children King Edward VIth
and the Queens Mary and Elizabeth, as in those of
King James of Glorious Memory, and of King Charles
now reigning, which have in divers Occasions always testified and declared, that they would maintain
and continue the Intercourse; as you may see by several Acts of Their Majesties, and namely of the King
now reigning, bearing this Clause; videlicet, "That
if so be the Merchants Adventurers residing in The
Low Countryes be not constrained to pay to the said
Low Countryes any Subsidies, Taxes, Tolls, or other
extraordinary Charges, and Freedom from paying any
Impositions that are raised by Order of the States in
The United Provinces, of what Nature, Quality, or
Condition whatsoever, as the said Merchants have
likewise declared by a Certificate, whereof the Copy
is here annexed (fn. *) :" As also the Merchants of The Entercourse have heretofore always been exempted
from many Taxes and Imposts, according to the Contents of their Privilege; so namely during this present Parliament they have been exempted of the
Payment of the Subsidies, and have obtained divers
Orders of both Houses, whereby the Collectors have
been required, not to levy any Tax upon them by virtue of the Ordinances concerning Poll-money, the
Twentieth Part, Weekly Assessments, and the Bill of
Four Hundred Thousand Pounds, and others.
"In Consideration of all above mentioned, and all
that your Lordships according to their accustomed Prudences can add thereunto, I pray
you to grant and yield unto the said Merchants of The Entercourse an Exemption of the
abovesaid Taxes for the future; and to give
Order for the Restitution of all the Obligations and Sums that they have already been
constrained to give, as they have always been
exempted of all precedent Taxes; and not to
suffer that Mark of the ancient Correspondence between the Two Nations to be blotted
out: Whereupon waiting for speedy Orders
convenient to your Lordships, I shall remain
From London, the 12/22; of January, 1645/46;.
"The most affectionate to do Service
to your Lordships."
Certificate of the Exemption of English Merchants in Rotterdam.
(fn. *) "Die Lunæ, 13 Januarii, 1644.
"Whereas it is the Desire of the Committee of the
Militia, to receive a Certificate from the Merchants
Adventurers, that the English Merchants at Rotterdam in Holland are freed from Watch and Ward,
finding of Arms, or serving as Soldiers, in their own
Persons or by their Servants, and that they are not
liable to any Charge for the Maintenance of Garrisons or Soldiers, as appeareth by their Acts, dated
the 10th present: These are to certify, That the
English Merchants residing as aforesaid are freed and
exempted from all the abovesaid Services and Contributions. In Witness whereof, we have hereunto set
our Hands, the Day and Year above written.
"Jo. Kendrick, Governor.
"Sam. Avery, Deputy."
Letter from the Council, &c. of Bruges, about establishing a Free Trade; and desiring Robinson their Agent may be released, who came to treat about it.
"High and Mighty Lords, &c.
"James Robinson, Englishman, Native of the City of
Yorke, Inhabitant and dwelling in the City of Bridges,
hath remonstrated unto us, how to restore again the
Intercourse of Free Trade in this City with the Crown
of England, in Conformity to the Treaties and Accords
which in former Times have been made and maintained betwixt the English and Flemings, to the exceeding great Good and Profit of both Nations, and
especially by holding a free Staple of Tin, Lead, and
Cloaths, in this City; to which Effect, we have accorded unto the said Robinson a convenient Place, to
serve for Magazines: And further, we have upon this
Subject writ our Letters unto His Majesty, in November,
1644, hoping that the Civil War betwixt His Majesty
and your Excellencies, Lordships, &c. was then appeased with a good Accord. The said Robinson doth advise us, that, in his Return, he was taken Prisoner, and
yet is detained in the City of London. We therefore
pray, that he may be released, with his Letters and
Papers concerning the said Negociation; and that you
would appoint certain Committees with him on our
Part, to take regard to the re-establishing of the said
Intercourse of Free Trade with your Excellencies,
Lordships, &c. in the Name of the Crown of England, whereunto the present Occasions do serve very
favourable, since that your Excellencies, Lordships,
&c. have in your Power the Sea-ports corresponding
upon the Havens of the Province of Flaund'rs, and
that the Convoys which your Excellencies, Lordships,
&c. have embraced and continued, to our great
Content and Commodity, do serve to the same Effect;
whereupon hoping that your Excellencies, Lordships,
&c. will grant us this Favour and Grace to the said
Robinson, with a Progress to the said Intercourse, we
pray the good God to conserve the same, and to give
a speedy End to this Civil War, and to settle the Kingdom in Peace and Happiness; resting of your Excellencies, Lordships, &c.
"The most humble Servants,
"Burgomasters, Sheriffs, and Council
of the Town and City of Bridges
Bridges, 5 Jan. 1646, Stilo novo.
"To the High and Mighty Lords of the
Parliament of England, assembled at
Roberts to be instituted to Wandsworth.
Ordered, by the Lords in Parliament, That Sir Nathaniell Brent Knight, Vicar General for 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 Hugh Roberts Master of Arts, to
the Vicarage of the Parish Church of Wandsworth, in
the County of Surrey; the said Mr. Roberts producing
his Presentation thereunto from Mr. Edward Isham, Patron: And this to be a sufficient Authority in that Behalf.