DIE Mercurii, 18 die Februarii.
Prayers, by Mr. Harris.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Sir R. Carr to attend.
Ordered, That Sir Rob't Carr shall attend this House
this Day, to be a Witness in the Business appointed to
be heard this Day, concerning the Complaint of Rob't
Heads for a Conference about the Propositions.
The Lord Roberts reported from the Committee,
what was to be offered at the Conference with the House
of Commons this Day, concerning the Propositions;
which was read, and approved of.
"1. That it is necessary that the Demands to the
King should be clear, and such as may so appear to
"2. That, Religion being a main Part of our Desires,
we should therein be certain and determinate; which,
as the Proposition came from the House of Commons,
appears not so evident: And therefore my Lords have
thought it necessary to adhere unto these Words ["in
Pursuance of what is already agreed unto by both
Houses"], which shews what Kind of Reformation in
Religion both Houses of Parliament do desire.
"3. That my Lords find no Objection against their
additional Clause, unless there be a Doubt of prosecuting that Kind of Church Government, into which
both Houses of Parliament have already made some
Progress; wherefore, to prevent such Ambiguities in
this Particular as may be picked out of the Stile, or
objected to our Meaning, my Lords do insist upon
their Amendment of this Proposition."
Message from the H. C. with an Order, and a Declaration about Ambassadors, &c.
A Message was brought from the House of Commons,
by Mr. Ashurst;
To desire Concurrence in these Particulars:
1. An Order for a Collection for the Soldiers at
Chester. (Here enter it.)
2. A Declaration concerning Ambassadors and Foreign Agents.
The Answer returned was:
That this House agrees to the Order for the Collection; and as concerning the Order concerning Ambassadors, their Lordships (fn. *) will send an Answer by Messengers of their own.
James's Cause, an Appeal from the Court of Admiralty.
The Earl of Warwicke reported from the Committee of
Foreign Affairs; which was read, as follows:
"The Right Honourable the Earl of Warwicke is desired to make Report unto the House of Peers, That
this Committee, by virtue and in Pursuance of their
Order, have proceeded in the Examination of the Petition of John James; Merchant, of South'ton; and
find that there are a Primum & Secundum Decretum
passed in the Court of Admiralty against the Spanish
Hull at the Isle of Wight, which the Petitioner saith
he will by Law maintain to be void; but we have no
Power to hear the same, and that it is to be determined before their Lordships."
Ordered, That the Counsel of the said John James
shall be heard, at this Bar, on the First Tuesday in
March next; at which Time the Primum & Secundum
Decretum shall be brought to this House, for the further
Information of this House.
Major Willet and Squire.
Edward Willett was brought to the Bar, by a Habeas
Corpus; he being in Execution at the Suit of John
And in regard he is in Execution; it is Ordered,
That it be referred to the Earl of Denbigh and Earl of
Stamford, to call the said Edward Willett and John
Squire before them, and see whether the said Squire
will be contented to accept of an Assignment of his
Debt out of the Arrears which the State owes him for
his Service; and to report the same to this House on
Friday Morning next: And an Order that John Squire
be brought before the said Committee, he being in
Declaration concerning Ambassadors, &c.
The Declaration concerning Ambassadors and Foreign
Agents was read, and committed to the Consideration of
these Lords following:
Any Five, to meet on Friday Morning next, at Nine
of the Clock.
Ewers & al. to pay Mr. Harris, Minister of St. Buttolph's Bishopsgate, his Dues.
This Day the Persons that refuse to pay Tithes to
Mr. Harris, who officiates the Living of Buttolph's
Bishopsgate, were at the Bar, with their Counsel.
And they being demanded by the Speaker, "What
the Reason is, that they refuse to pay their Tithes to
the said Mr. Harris?"
And the Answer was, "Because they conceive that
there is no Law for the Payment of Tithes; but they
have offered so much as a Gift to Mr. Harris as formerly their Tithes came to."
Hereupon this House, upon Consideration, Ordered,
That the said Persons shall pay forthwith to Mr. Harris
his Dues; and that the Lord Mayor of the City of London is desired to see this Order performed, if they refuse speedily to pay their Dues to Mr. Harris; and
that they pay their Dues in Arrears to Mr. Vincent,
who officiated that Cure before Mr. Harris came
Sir R. Carr to attend.
Ordered, That Sir Rob't Carr shall attend this
House on Friday Morning next, to be present at the
Hearing of the Cause upon the Petition of Rob't Carr
Gentleman, and to (fn. *) be examined as a Witness on the
Behalf of the said Mr. Carr; and that the Gentleman
Usher attending this House do give Notice to the said
Sir Rob't Carr.
Ld. Dacres and the E. of Arundel.
The Answer of the Lord Dacres to the Petition of
the Servant of the Earl of Arrundell was read, concerning the putting of his Servants of Possession in a
House of his in the North, by Force.
(Here enter it.)
Ordered, That this House thinks it fit (the Earl of
Arrundell and the Lord Dacres waving their Privileges)
that the Matter of the Title in the Land be left to the
Decision of the Law.
Ordered, That the Certificates concerning this
Business and the Petition shall be sent to the Governor
of Carlile, who is desired to certify his Answer to this
House concerning that Business.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer to the Message sent to the House of Commons:
That they agree to the Alterations in the Ordinance
for making Sir George Vane Sheriff of the County Palatine of Durham: To the rest of the Particulars, they
will send an Answer by Messengers of their own.
(Here enter it.)
Message from the H. C. with Instructions for Persons going into the West.
A Message was brought from the House of Commons,
by Mr. Earles, &c.
To desire Concurrence in some Instructions to be sent
to some Persons as are to be sent into the West.
The Answer returned was:
That this House will take this Message into Consideration, and send an Answer by Messengers of their
Ld. Dacres's Answer to Orfeur's Petition in Behalf of the E. of Arundel.
"To the Right Honourable the Lords assembled
"The humble Answer of Francis Lord Dacre
to the Petition of Cuthbert Orfeur;
"This Respondent saith, That he hath a just Title
to the Barony of Burghe, in the County of Cumberland, whereof the Demesnes of the dissolved Castle of
Dunboughe are Parcel; but this Respondent knoweth
not by whose Demise, or for what Time, the said
Cuthberd held the same: Neither can the Pretence of
long Possession any Way prejudice this Respondent's
Title, inasmuch as this Respondent is intitled by virtue of a Remainder that hath fallen to this Respondent few Years since, by virtue of an Act of Parliament made Anno 12° Ed'ri Quarti.
"This Respondent further saith, That, in Prosecution of his just Title to the Premises, this Respondent
did give a Warrant of Attorney to John Hodgson, to
make an Entry, and by due Means to take Possession of the said Demesnes, as was lawful for him
"And this Respondent believeth that the said John
Hodgston did enter upon the said Demesnes in the Respondent's Right; but believeth that he used no unlawful Force, as in the said Petition is pretended, as
well for that he had no such Commission from this
Respondent, as also for that there is no House upon
the Premises that is capable of any Strength or
"And as touching the Proceeding and Certificate of
the Committee of Cumberland, this Respondent conceiveth the same will not weigh much in your Lordships Judgements, because it appeareth to be made
only upon the Information and Complaint of the Petitioner, and for that, as this Respondent conceiveth,
they had neither Power to determine, or Warrant to
certify upon the said Complaint; but saith, that the
Premises are determinable by an ordinary Course of
Law: And because it is pretended by the said Petition, That the Petitioner is not relievable by an ordinary Course in respect of this Respondent's Privilege; this Respondent saith, That, in case those who
pretend Title to the said Barony and Lands will be
content to do the like, this Respondent shall submit
both his Title, the Manner of his Entry, and the
Proceedings of his Servants, to the ordinary Course
of Justice, without taking Advantage of his Privilege,
for the Protection either of the one or the other
against the Course of Law, that so both Parties may
proceed upon equal Terms to the settling of the said
Differences: And forasmuch as the Pretence of a
forcible Entry is a Matter determinable in ordinary
Course of Justice without troubling of this High
Court therewith, and forasmuch as this Certificate is
without Warrant or Authority, the Respondent prayeth that the said Petition be dismissed."
Order for a Collection for the Soldiers at Chester.
"Ordered, by the Lords and Commons assembled
in Parliament, That a Public Collection be made, in
all Churches and Chapels within the Cities of London and Westm. and Lines of Communication, upon
Thursday next, being a Day appointed for a Public
Thanksgiving for the reducing of the City of Chester;
and that the Money that shall be so collected be paid,
by the Churchwardens and other Officers of the said
several Churches and Chapels, on the Monday following, the 23th of this Instant February, unto Thomas Stone, Citizen of London, at the Sign of The White
Horse in Catteaten-Streete, for the Use and Relief of
the sick and maimed Soldiers of the late Leaguer of
Chester, and other miserable poor Persons there; and
the Lord Mayor of London is desired to give timely
Notice hereof to the Ministers of the several and respective Places accordingly."
"An Ordinance of the Lords and Commons assembled in Parliament, whereby Sir George
Vane is appointed and authorized to be High
Sheriff of the County Palatine of Duresme and
Sadberge; and for regulating of some other
Things concerning the said Office, and Supply
of Justice in that County.
Ordinance for Sir G. Vane to be Sheriff of Durham.
"The Lords and Commons, taking into Consideration the Necessity of appointing an High Sheriff for
the County Palatine of Duresme and Sadberge, for that
heretofore all Writs and Process out of the Exchequer, and some other Courts at Westm. were directed
to the Bishop himself, who made a Mandate thereupon to the Sheriff, to proceed therein according to
the Command and Direction of such Writ or Process;
and Writs and Process issuing out of the Chancery
at Durham, and other Courts there, were directed
immediately to the Sheriff of that County, which
Sheriff was heretofore appointed by the said Bishop
of Durham for the Time being, and not in such Course
as other Sheriffs of other Counties of this Kingdom
are; and for that no Sheriff hath of late been appointed for that County; do think fit to Order and
Ordain, and be in Ordained by the said Lords and
Commons, That Sir George Vane Knight shall be, and
is hereby authorized and appointed to be, Sheriff of
the said County; and do commit unto him the said
Sir George Vane the Office of Sheriff, and the Custody
of the said County Palatine of Duresme and Sadberge,
to have and execute the same for and during the
Space of One whole Year next after the passing of
this Ordinance, in as large and ample Manner as any
other Sheriff of any other County of this Realm may
or ought to do.
"And the said Lords and Commons do further Ordain, That the Commissioners of the Great Seal of
England shall issue out a Commission, under the Great
Seal, unto Christopher Fulthropp, Thomas Bowes,
Richard Lilburne, George Lilburne, Esquires, or to
any Two of them, thereby commanding and enabling them, the said Christopher Fulthropp, Thomas
Bowes, Richard Lilburne, and George Lilburne, or
any Two of them, to minister unto the said Sir George
Vane the Two usual Oaths; to wit, the Oath for the
due Execution of the Office of the said Sheriff, and
the Oath of Supremacy; and the said Commissioners
are hereby authorized and commanded to return in
the said Commission to them directed, and the Execution thereof, into the Chancery of England, there to
remain of Record; which shall be a sufficient Discharge to them the said Commissioners, and every of
them, in that Behalf.
"And whereas, by a Statute made at Westm. the
4th Day of February, in the 31th Year of the late
Queen Elizabeth of Famous Memory, Proclamations
upon all Writs of Exigent, against any Person or Persons dwelling within the County Palatine of Durham,
are to be directed to the Bishop of Durham for the
Time being, and, during the Vacation of the Bishopric, then to the Chancellor of the said Bishopric or
County Palatine for the Time being, and not to the
Sheriff of any other Shire next adjoining to the said
Bishopric or County Palatine: It is hereby Ordained,
That all Proclamations upon Exigents, against any
Person or Persons dwelling within the said County
Palatine, shall be directed immediately to the said
Sheriff; and the said Sheriff is hereby required and
authorized to cause Proclamation to be made of the
same Writs of Proclamation according to the Tenor
of the same, and shall make true Returns of the same,
in such Court and Courts, and before such Justices,
as the Tenor of the same Writ and Writs of Proclamation shall require and demand; the said Statute of
Queen Elizabeth, or any other Matter or Thing to
the contrary thereof, in any Wise notwithstanding.
"And it is further Ordained, by the Lords and
Commons, That all Writs of special Capias Utlagatum,
single Capias Utlagatum, Non molestando, and all other
Process and Writs issuing out of any the Courts at
Westm. for or against any Person or Persons resiant
within the said County Palatine, shall and may from
henceforth be directed from Time to Time to the
said Sheriff immediately, who shall do therein, and
make such Returns thereupon, as other Sheriffs of
any other County not being County Palatine have
heretofore used or might do.
"And be it further Declared, That this Ordinance,
nor any Thing therein contained, is to be construed
otherwise than by Way of Provision, until some further Course for settling of the said County Palatine of Duresme shall be taken by the Parliament;
and that this Ordinance, nor any Thing therein
contained, shall be of Force beyond One Year only
next after the Date hereof, and no longer.
"And it is lastly Ordained and Declared, That as
well the said Sheriff in the Execution of his said
Place and Office, as also all other Officers and Persons that shall do any Thing by virtue or in Execution and Pursuance of this Ordinance, and of the
Power therein contained, and according to the Direction of the same, shall be kept and indemnified
by the Authority and Power of both Houses of Parliament."