DIE Mercurii, 4 die Martu
PRAYERS, by Dr Smith
Comes Manchester, Speaker
L Viscount Say & Seale
Gen Langherne Ordinance
The Earl of Worwicke reported, "That the Com
mittee hath considered of the Ordinance concerning
Major General Langberne, and they think it fit to
pass as it is, without any Alteration"
Hereupon it was read the Third Time, and Agreed
to (Here enter it)
Spanish Ambassador's Paper.
Upon reading a Paper of the Spanish Ambassador: It
is Ordered, To be referred to the Consideration of
the Committee for Foreign Affairs. (Here enter it.)
Assessment of the Peers in the Dutchy Liberty.
The Earl of Northumb' reported from the Committee, the Assessment of the Peers; which was read, as
"An Assessment made by the House of Peers for
the Dutchy Liberty, towards the raising of
One Hundred Ninety-three Pounds, Thirteen
Shillings, and Six Pence, charged upon that
Liberty for the Maintenance of the Army
under the Command of Sir Tho. Fairefax, for
Two Months, beginning the First of December
1645, upon these following; videlicet,
|"Earl of Arundell,
|"Earl of Kent,
|"Earl of Rutland,
|"Earl of Essex,
|"Earl of Salisbury, for his Part in the Dutchy Liberty; his Lordship's House standing both in the Dutchy and Martin's Parish, and his Assessment to be so divided,
|"Countess of Exeter,
|"Earl of Monmouth,
|"Lord Viscount Say & Seale,
Paper from the Scots Commissioners, that the Order for paying their Army 1500l. per Month may be made effectual.
The Lord Wharton reported from the Committee of
both Kingdoms several Papers; videlicet,
"Whereas both Houses of Parliament have appoynted £.15000 as Parte of £.31000 to be paid
Monthly to the Scottish Army before Newarke; we
desire that speedy Course may be taken for making
the same effectuall, that the Army may in some Measure be inabled to prosecute the Service wherein
they are now engaged.
3 March, 1645.
"By Comand of the Commissioners for
the Parliament of Scotland.
Ordered, To communicate this to the House of
Colonel Dulbeir to exercise Martial Law.
Ordered, That an Ordinance shall be drawn up, for
giving Power of Martial (fn. *) Law to Colonel Dalbeir for
the Command of the Forces that are to be employed
under him, for the reducing of Dunington Castle.
Earl of Carlisle and his Creditors.
Upon reading the Petition of the Creditors of the
late Earl of Carlile: It is Ordered, To be referred to
the same Committee as formerly was appointed concerning this Business.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer:
They agree to the Ordinance for Martial Law to the
Governors of Henly and Reading; and they agree to
the Paper concerning The Beccase, and to the giving a
Conference concerning the Ordinance touching Mr.
To the rest, they will (fn. †) send an Answer by Messengers of their own.
Conference about trying Mr. Murray.
The Lords went to the Conference with the House of
Commons, concerning the Ordinance concerning Martial
Law to try Mr. Wm. Murray; which being ended, the
House was resumed.
Message from the H. C. to expedite the Ordinance for selling Delinquents Estates;
A Message was brought from the House of Commons,
by Sir Peter Wentworth Knight; which consisted of divers
1. To desire their Lordships to give Expedition in the
Ordinance concerning selling Delinquents Estates.
and with an Answer to the Scots Commissioners, about the Propositions to be sent to the King.
2. To desire their Lordships Concurrence in a Vote
made by the House of Commons; vid.
"A Paper from the Scotts Commissioners, of 2
Martii, 1646, desiring to know, whether the Propositions that were delivered to them on Saturday last be
all the Propositions that are intended to be now sent
to His Majesty, was this Day read.
"And it is Resolved, &c. That, in answer to this Desire, it shall be returned, That these be all the Propositions which are intended to be now sent to His
Majesty, except the Proposition concerning Delinquents, with all the Qualifications thereof, and the
several Propositions concerning the City of London;
which will be speedily dispatched and sent unto them
Ordered, That this House agrees to this Vote;
and that the Members of this House that are of the
Committee of both Kingdoms (fn. *) do communicate the same
to the Scotts Commissioners.
The Answer returned was:
That [ (fn. †) this House] agrees to the Vote now brought;
and concerning the Ordinance touching the selling (fn. *) Delinquents Estates, this House will send an Answer by
Messengers of their own.
Parishioners of St. Gregory's, and the Committee of St. Paul's, about Materials.
The Certificate of the Aldermen of London was read,
concerning the Parish Church of St. Gregorie's; and
also the Petition of the Inhabitants of the said Parish
It is Ordered, That these Lords following do call all
Parties concerned in this Business before them; and state
the Business, and make Report thereof to this House:
|L. Viscount Say & Seale.
Any Five, to meet on Wednesday next come Sevennight, at Three of the Clock in the Afternoon.
Ordered, That the Ordinance concerning the Wardship of Sir Christopher Wraye's Son is re-committed to
the same Committee as formerly appointed; and the
Committee to meet To-morrow Morning; and the Lord
Viscount Say & Seale is added to this Committee.
Mrs. Wilson's Ordinance.
The Ordinance for paying Five Pounds to Mrs. Wilson, was read, and Agreed to. (Here enter it.)
The Ordinance for giving Mr. Witlocke the Books of
the Lord Littleton, [ (fn. †) was read,] and Agreed to, with
a small Amendment.
Officers of the Court of Wards.
The Ordinance concerning the Officers of the Court
of Wards, was read, and Agreed to, with the Alteration.
(Here enter it.)
Letter from Bruges.
Ordered, That the Letter of the Town of Bridges
is referred to the Consideration of the Committee for
L. Charbery's Order.
The Order concerning the Lord Carbery was read,
and Agreed to. (Here enter it.)
Norton's Petition, about Abuses in Printing.
Upon reading the Petition of Roger Norton Printer,
concerning some Abuses in Printing: It is Ordered,
That the Matters in the said Petition be referred to the
Court of Chancery, to proceed according to the Course
of that Court.
Paper from the Spanish Ambassador about the taking of a Ship called The St. Nicholas or St. Peter, belonging to some Inhabitants of Antwerp.
"To the Right Honourable the Lords and
Commons in Parliament assembled.
"It is reported into your Honours, by Don Alonso
De Cardenas, of the Council of His Catholic
Majesty, and His Ambassador in England;
"That whereas, by a former Remonstrance presented
by his Lordship, touching a Reprizal committed by
Captain Plunkett, of a Ship named The St. Nicholas,
or St. Peter, and her Lading, which are concerned
Subjects of the King his Master, Inhabitants of Andwerpp, in the State of Flanders, was set forth how
strangely this Hostility hath been taken there; and
his Lordship having lately understood, that, for the
authorizing of this Depredation, it is alledged to be
done by virtue of Letters of Reprizal, granted by His
Majesty of Greate Brittaine, to Gregory Clement and
Maurice Thompson, which cannot justify the Faith, in
regard they were obtained by sinister Relation, and
Pretence that the Quantity of Tobacco was taken
from them by a Frigate of Dunkirke, which was condemned by a fierce Sentence and Appeal, according
to the Laws and Statutes of Flanders; that the said
Tobacco, as his Lordship is informed, was of the worst
Sort that cometh to this Kingdom, and of a very small
Worth; yet notwithstanding they informed the same
to be worth Eighteen Thousand Pounds Sterling, although it could not really amount to One Thousand
Pounds, and thereupon they obtained the said Letters
of Reprizal without being called, or heard the Spanish
Ambassador, in which doth appear the unjust Pretence of the said Clement and Thomson; so that the
said Letters ought not in Justice to have been granted, according to the Articles of Peace.
"That, since they obtained the said Letters of Reprizal, will appear to the Parliament to be by them
taken Double the Value of their Pretence; surprizing
divers Ships, and breaking the Conditions of the said
Letters of Reprizal, which are limited with a particular Clause in such Case to be annulled.
"That his Lordship represented to the Parliament's
Consideration the ill Quality of this Cause, which is
not only in Prejudice of the Articles of Peace, but
also prejudicial to the Authority of Parliaments (being that a Ship of War with the Arms of this Crown
which ought to protect their Friends and Allies from
the just Violence of others), especially when they,
under the Faith of Peace and Security, expect it from
the Parliament's Ships, and, repairing to them for Protection accordingly, should find by them the greatest
Danger, and so fall in the Net of Deceit prepared
against them; being not conceived that a Ship of the
Parliament's, with a Commission from them, should also
carry another of His Majesty's of Greate Brittaine;
a Case which both in Spaine and Flanders is conceived
very hard, and unworthy to be consented unto by
"And forasmuch as this Business is of most weighty
Importance, not only for the Value of the Lading
and Manner of the Depredation, but also for the
open Infringements of the Articles of Peace;
"Therefore his Lordship desireth and intreateth
the Parliaments, for Satisfaction of the King
his Master, and his own, and of the Governor
of Flaunders, and of those interested in the
said Ship and Lading, that the Business may
be treated and examined by the Parliaments,
being a Matter of State, which requireth special Consideration; for that the Court of Admiralty is no proper Place to dispute the Public Convenience, and there his Lordship cannot hope to receive Justice herein, or at least
it will be with so much Delays not agreeable
to what is desired.
"Per Mandam't de sa Ex'ciæ.
"Ag'te de la Ambass."
Petition of Castile & al. Owners and Master of the St. Nicholas alias St. Peter, complaining of their Ship being taken by Captain Plunkett, and of the Commission for Reprisals granted to Clement and Thompson.
"To the Honourable the Lords and Commons
now assembled in Parliament.
"The humble Petitions of Michaell Castell, Walrave Lodowick, John Nicholas, and James
Stanier, of London, Merchants, on the Behalf
of the Goods and Lading of the Ship St. Peter,
Master Nicholas Burt;
"That whereas Gregory Clement, of London, Merchant, and his Partners or Associates, upon false Suggestions of Losses and Damages sustained by the Subjects of the King of Spaine, to the Value of Eighteen
Thousand Six Hundred Pounds, have (fn. *) obtained from
the King's Majesty of England Letters of Mart, or a
Commission of Reprizal, bearing Date the 4th of
April, 1637, (fn. †) to take the Ships and Goods of the said
King of Spaine, or any of His Subjects whatsoever,
upon the open Seas; by virtue of which Commission,
the said Gregory Clement and Partners have, within a
little Time after the Date of the said Commission,
taken divers Ships, Goods, and Merchandizes, belonging to the Subjects of the King of Spaine, by far
surmounting the Value of any Loss or Damage by
them sustained: And whereas the King, by His
Proclamation, bearing Date the 19th of October,
1644, hath been pleased to repeal and make void all
Letters of Mart and Reprizal granted before the First
of July, 1642, and in particular the Commission of
Reprizal granted to the said Gregory Clement and Partners, as having already received full Satisfaction for
"Notwithstanding the Premises, the said Clement and
Partners, after the said Repeal and making void of
their Commission, not having yet renewed or confirmed
by Authority of both or either Houses of Parliament
(as far as your Petitioners could ever learn), have presumed, in an unwarranted and hostile Way, to seize
upon the Ships, Goods, and Merchandizes of your
Petitioners, being Subjects of the King of Spaine and
of the Free Republic of Hamburge, both in League
and Amity with the Parliament of England; and in
particular have, in the Month of November last past,
seized and taken at Sea the good Ship named The St.
Nicholas, alias St. Peter, of Hamburge, whereof is Master
Nicholas Birt of Hamburgh, of the Burthen of about
Three Hundred Ton, and laden with Linen Cloth,
and divers other Goods and Merchandizes, about the
Value of Twenty Thousand Pounds and upwards, by
a Man of War named The Discovery, set out in the
Parliament's Service, whereof one Captain Plunkett is
Captain; and albeit the said Captain Plunkett have a
Commission by Authority of both Houses of Parliament to seize and take all such as are in Enmity with
the Parliament, or such as trade and traffic with the
Enemies, or in such Ports and Harbours as are in
Hostility against the Parliament, yet the said Captain
Plunkett, bearing the Parliament Colours at Sea, and
carrying himself as Friend to those who are Friends
to the Parliament, hath fraudulently, and in the Name
of the said Clement and Partners, seized upon the
Ship and Goods and Merchandizes of your Petitioners, Friends to the Parliament, by virtue and Authority of a Commission from the King, who is in
Hostility against the Parliament.
"And whereas the [ (fn. *) said Clement and Partners are
bound, by their said] Commission, granted them by
the King in April, 1637, to bring all Prizes so taken
into some Port of the Kingdom of England, together
with Three or Four of the said Ships (fn. †) Crew of the
said Prize, whereof the Master and Pilot to be Two,
as also to bring into the Registry of the High Court of
Admiralty of England the Bills of Lading, Cockets,
Letters, and other Documents, found aboard of such
said Prizes; and to keep in Safety such said Ships and
Goods so taken, and not break Bulk, sell, spoil, waste,
or diminish the same, or any Part thereof, until Judgement have first passed in the High Court of Admiralty
of England, that the said Ship and Goods are lawful
Prize; or else the said Commission to be void and of
none Effect: And whereas the said Captain Plunkett
hath, contrary to the Conditions of the said Commission, carried your Petitioners Ship and Goods so taken,
as abovesaid into the Port of Kingsale, or some other
Port of Ireland, in or about the Month of November
last, and there hath broken Bulk, sold, 'bezzled, or
diminished the Goods and Merchandizes of the said
Ship so taken, without sending up any of the said
Ship's Company to be examined here by the Judge
of the Admiralty, or bringing in any Letters, Cockets,
Bills of Lading, or other Documents, into the Registry
of the Court of Admiralty, according to their Bond:
"Your [ (fn. ‡) Petitioners humbly pray] this Honourable
House, that the seizing and taking of the said
Ship and Goods by the said Captain Plunkett,
by virtue of the said pretended Commission
granted to Gregory Clement and Partners by
the King; and since repealed, may, by Authority of Parliament, according to the Purport of the said Commission itself, be declared
to all Purposes to be void, as well to the Takers
as all others that shall buy or meddle with the
said Ship or Goods, or any Part thereof; and
that such further Reparations may be made
for Costs and Damages unto your Petitioners,
by the said Clement and Partners, as this Honourable House in their Wisdom and Justice
shall think fit.
"And your Petitioners shall ever pray, &c."
Order for General Langherne to have Mr. Barlow's Estate in Pembrokeshire.
"The Lords and Commons assembled in Parliament,
taking into their serious Consideration the many great
and faithful Services of Rowland Langherne Esquire,
Major General of the Counties of Pembrooke, Carmarthen, and Cardigan, do Order and Ordain, and it is
hereby Ordered and Ordained, That all and every
the Manors, Messuages, Lands, Tenements, Hereditaments, Rents, Franchizes, Possessions, and Estates Real
and Personal whatsoever, with their and every of their
Appurtenances, of or belonging to John Barloe, of
Slebage, in the County of Pembrooke, Esquire, situate,
lying, and being, in any Place or Places within the
said County, shall be, and are by Authority of this
present Ordinance, granted and settled upon the said
Rowland Langherne and his Heirs, to have, hold, and
enjoy, the said Manors, Lands, and Premises, with
their and every of their Appurtenances, unto the said
Rowland Langherne, his Heirs and Assigns for ever;
saving to all Person and Persons, Bodies Politic and
Corporate (other than the said John Barloe and his
Heirs, and such as shall claim under him by virtue
of any Deed or Act made or done since the Twentieth
Day of May, in the Year of our Lord, and
other than such as have or claim any Estate to his
Use, or to the Use of any other that hath been or
shall be in Arms against the Parliament), all such Right;
Title, and Interest, in and to the Premises, or any Part
thereof, as they or any of them had in the same the
said 20th Day of May, in the Year of our Lord
1642; any Thing in this Ordinance contained to the
contrary notwithstanding: And further, it is hereby
Ordained and Declared, That the Committees for
Sequestrations for the said County of Pembrooke, and
every of them, and all other Committees and Persons
whatsoever; employed by Authority from either or
both Houses of Parliament, do, immediately upon
the Sight hereof, quietly permit and suffer the said
Rowland Langherne, his Heirs and Assigns, to enter into
and upon all and every Part and Parcel of the said Lands
and Estate hereby granted as aforesaid, and to have,
hold, and enjoy the same, and to receive all Rents;
Issues, and Profits, from Time to Time arising, payable, or accruing, out of the said Premises; and to retain the same to and for the only Use, Benefit, and
Behoof, of him the said Rowland Langherne, his Heirs
and Assigns, according to the true Meaning of this
present Ordinance, without any Accompt or other
Thing to be rendered, made, or done, for or by reason of the same; any former or other Order or Ordinance of both or either of the Houses of Parliament
for Sequestration, or otherwise, to the contrary in
any Wife notwithstanding: And His Majesty's Attorney or Solicitor General for the Time being are
hereby authorized and required, upon the Desire of
the said Rowland Langherne, his Heirs or Assigns, to
prepare a Bill, in usual Form, containing a Grant of
the Premises unto the said Rowland Langherne and his
Heirs, according to the Tenor of this Ordinance, with
such further Clauses and Non Obstantes as may be necessary for the Security of the said Rowland Langherne and his Heirs in the Premises; which Grant,
so prepared, the Commissioners of the Great Seal are
to pass under the said Great Seal, in usual Form, accordingly; for which, this present Ordinance, or the
Duplicate thereof, shall be their sufficient Warrant."
Order for 5l. for Wilson's Burial.
" (fn. *) It is this Day Ordered, by the Lords and
Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies
at Habberdashers Hall do forthwith pay unto Joane
Wilson, the Relict of James Wilson, or her Assigns, the
Sum of Five Pounds, upon Accompt of what was
due unto the said James Wilson for his Entertainment
in the Service of the Parliament to be employed for
Order for an Allowance to the Officers of the Court of Wards, on its being abolished.
"Ordered, by the Lords and Commons in Parliament assembled, That, upon the taking away the Court
of Wards and Liveries, competent Satisfaction shall be
given to the Master of the said Court, and such other
Officers there, or elsewhere, depending upon Tenures,
as have adhered to the Parliament, in Lieu of their
Offices, and the Profits which they respectively had
thereby, and in such Sort as both Houses of Parliament shall think fit."
Order for remitting L. Carbery's Crimes, in reference to his Military Employment.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That in regard of
Major General Langherne's Engagement to my Lord
of Carbery, intimated in his Letter of the 18th of
November last to the Speaker of the House of Com
mons, that the Crimes of my Lord Carbery relating to
his Military Employments be remitted."
Order for the Governors of Henley and Reading, to exercise Martial Law.
"It is Ordained, and be it Ordained, by the Lords
and Commons in this present Parliament assembled,
That Colonel Purbeck Temple Governor of Henly and
West Wickham, and Colonel John Barkstead Governor
of Reading, and either of them, calling in unto them
Field Officers and others according to the Course of
War, shall have Power, and are hereby authorized,
to execute Martial Law, in their several Garrisons
aforesaid respectively, according to the Articles of
War published by the Earl of Essex, and now used
in the Army under the Command of Sir Thomas Fairefax.
"Provided always, That this Ordinance, or any Clause
therein contained, shall not extend to any of the
Peers of this Realm, or the Members of the House of
Commons, or to any Assistant or Officer of the House
of Peers, or Officers of the House of Commons."
House adjourned till 9a cras.