DIE Lunæ, 9 die Martii.
PRAYERS, by Mr. Gower.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Cooper & al. versus Wilson.
Upon reading the Petition of Wm. Cooper, &c. (Here
enter it.) It is Ordered, To be referred to the Commissioners Delegates, to certify the Matter of Fact in
this Petition to this House; and then this House will
take this Business into further Consideration.
Answers from the H. C.
Sir Edward Leech and Dr. Aylett return an Answer
to the Message sent to the House of Commons:
That as to the Amendments in the Order for Mr.
Whitlocke to have the Lord Littleton's Books, they do
agree to the said Order, with the Amendments: (Here
enter it.) To all the rest, they will send an Answer by
Messengers of their own.
Dr. Aylett and Dr. Heath return an Answer to the
Message sent to the House of Commons:
That they have delivered to them the Petition of the
Lord Viscount Conway and Colonel Holles; and they will
send an Answer by Messengers of their own.
Letter from Mr. Strickland.
The Speaker acquainted the House with a Letter from
Mr. Strickland, Agent for the Parliament in Holland;
which was read. (Here enter it.)
Sir R. Carr to attend.
Ordered, That Sir Robert Carr shall appear before
this House this Morning, to be a Witness in the Cause of
Robert Carr Gentleman, depending in this House.
Message from the H. C. with Orders, &c.
A Message was brought from the House of Commons,
by Mr. Whitlocke, &c.
To desire Concurrence in these Particulars:
1. An Order for paying Four Hundred Pounds, for
the Garrison of Henly. (Here enter it.)
2. An Order for Thomas Middleton to be Governor of
Chirke Castle. (Here enter it.)
3. An Order concerning the Monies, how to be disposed of, as shall fall due in the Intervals of the Excise.
(Here enter it.)
The Answer returned was:
That this House agrees to these Three Orders now
A Building, near the Parliament House, stopt.
The House was informed, "That there is Building
setting up, by Directions of the House of Commons,
near the Parliament House, which takes the Light of
the Little Lobby Room utterly away."
It is Ordered, That an Order shall be granted, to
inhibit the Workmen from proceeding any further in
the said Building; and afterwards to have a Conference
with the House of Commons about it, that it may be
Ordinance concerning the Isle of Ely.
The Ordinance formerly brought from the House of
Commons concerning the Isle of Ely, was read, and
Agreed to. (Here enter it.)
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons,
by Nath. Fiennes Esquire, &c.
To desire their Lordships Concurrence in an Ordinance
for Fifteen Hundred Pounds, for the Garrison of Portsmouth. (Here enter it.)
Read, and Agreed to.
The Answer returned was:
That this House agrees to the Ordinance now
Sir R. Carr committed for Contempt.
Michaell Baker, Messenger to this House, upon Oath
deposed, "That he served the Order of this House
upon Sir Rob't Carr Baronet, to appear before this
House this Morning, to be a Witness in the Business
of Rob't Carr Gentleman: And his Answer returned
was, That he was under Restraint, by Order of the
Speaker of the House of Commons; and, until he
hath Leave under the Hand of the Speaker of the
House of Commons, he cannot come."
The House judged this to be a Contempt; therefore
Ordered, That the said Sir Rob't Carr shall be committed to the safe Custody of the Gentleman Usher attending this House, until the further Pleasure of the
House be signified.
Ordinance concerning Ireland.
The Ordinance for continuing the Assessment for Ireland, was read, and Agreed to. (Here enter it.)
Cooper, Le Maire, & al. versus Wilson, about Lady Mary Crane's Executorship.
"To the Right Honourable the Lords now in
"The humble Petition of William Cooper alias Le
Maire, his Wife, and Daniell Brames, and
Mary Brames alias Le Maire his Wife;
"That, in the Cause first begun and prosecuted in
the Prerogative Court, betwixt Marthana Wilson pretending herself Executor of the last Will of the Lady
Mary Crane on the one Side, and the Petitioners on
the other Side, touching the Probate and Validity or
Invalidity of the said pretended Testament of the said
Lady Crane deceased, Administration of the said Deceased's Goods, pendente Lite, was there granted to
the Petitioners, being the next in Blood and Kindred
to the Deceased; and the said Marthana Wilson being
a mere Stranger, and in no Degree of Kindred to the
Deceased, but only pretending herself Executor to
the said Will: After which, the said Cause being appealed to the Court of Delegates, and the Petitioners
being there admitted to put in their Exceptions to the
said pretended Will, and plead their Defences, they
did conceive and cause to be drawn up their said Exceptions, and their material Defence, in a Matter Specificatory, or Allegation Articulate; which was, in
the Presence of the Proctors on both Sides, admitted
by Two of the said Judges Delegates, having Power
so to do; and the Petitioners did produce several Witnesses thereupon, who were duly and legally admitted, sworn, and examined, upon the said Allegation
Articulate; and, being so examined as aforesaid, the
Petitioners being desirous to speed the Cause, and
well knowing that the said Marthana Wilson had formerly sworn and examined her Witnesses touching the
Validity of the said pretended Will, the Petitioners
did, by their Proctor, humbly pray Publication of
their Witnesses, that they might have Copies, to instruct their Counsel in the Merits of their Cause; but
Doctor Aylett, Doctor Heath, and Doctor Wiseman, Three
other of the Judges Delegates, in the Absence of the
Two former that had admitted the Petitioners Allegation, and in the Absence of the Petitioners Counsel, were so far from granting Publication, that they
did expunge, suppress, or reject, divers of the material Articles of the Petitioners said Allegation formerly admitted, and upon which divers Witnesses
were duly sworn and examined, and by that Means
have deprived the Petitioners of the material Part of
their Defence touching the very Merits of the Cause
in Question; and for that the Petitioners do humbly
conceive that the same Expungings, or Suppressing
and Rejecting of the said material Articles, whereby
consequently the Depositions of the Witnesses thereupon are likewise suppressed, is erroneous, and contrary to the Course of Proceeding; and so damageable
to the Petitioners, that the Merits of their whole
Cause depends upon it; and for that, in respect of
an Act of Parliament in that Behalf, there lieth no
ordinary Appeal from the Court of Delegates, so that
the Petitioners can have no Relief in ordinary Course,
but are necessitated humbly to petition your Lordships herein:
"The Petitioners most humbly pray, that, in a
Case of this Nature, where ordinary Remedy
fails, and yet both in Truth and Equity, Law
and Justice, the Petitioners hope they ought
to be relieved; that your Lordships will be
pleased, in your well-known Love to Justice
and Equity, to order, That the further Proceedings in the said Cause before the Judges
Delegates may be staid and superseded; and
for that the said Marthana Wilson hath examined her Witnesses upon the said Will, and
the Petitioners have examined theirs likewise
upon their Exceptions and Defence, to order,
That the Publication the Petitioners desired
may pass, and that Copies of all the Witnesses
examined on both Sides may be delivered to
either Party; and that the said Cause may
receive a Hearing at the Bar before your
good Lordships, there being many Things in
the said Cause very proper there to be heard,
and the Petitioners, as the Case now stands,
being disabled to go to Hearing any where;
that so your Lordships, upon full Hearing of
both Sides, may do therein as to your Lordships shall seem to stand with Right and
"And your Petitioners shall ever pray,
Order for 400 l. for Henly.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Four Hundred
Pounds, with Interest, shall be paid, for the Use of
the Garrison of Henly, out of such Intervals of Receipts on the Excise, to come in upon the Ordinance
of the Eleventh of September, 1643, as shall happen
when other Payments already assigned on the Receipts
shall not fall due, or, in Default thereof, then as the
same shall follow in Course; and the Commissioners
of Excise or new Impost are hereby authorized to
pay the said Sum of Four Hundred Pounds, for the
Use aforesaid, unto Colonel Purbeck Temple, Governor
of Henly and Filles-Court, or his Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the
Commissioners of Excise for Payment of the said Four
Hundred Pounds and Interest accordingly."
Order for Mr. Middleton to be Governor of Chirke Castle.
"The Lords and Commons assembled in Parliament
do nominate, (fn. *) and approve of, Thomas Middleton
Esquire, to be Governor of Chirke Castle, in the County of Denbigh; and that the Members of both Houses
that are of the Committee of both Kingdoms do grant
him a Commission accordingly."
Order for the Monies due in the Intervals of Excise to be applied to the Service of Sir T. Fairfax's Army.
"It is this Day Ordered, by the Lords and Commons in Parliament, That the Proceed of the Intervals that shall happen upon the Receipts of the Excise, before the First Day of July next, shall be all
employed, except the particular Sums already charged
upon the Intervals, towards the making up of the
Fourscore and Four Thousand Pounds, or thereabouts, charged upon the Receipts of the Excise,
by Order of the Houses, for the Service of the Army under the Command of Sir Thomas Fairefax General."
Order for 5000 l. for the Isle of Ely.
"Whereas, by an Ordinance, bearing Date the 19th
of September last, 1645, the Sum of Two Hundred
and Fifty Pounds per Week was charged on the Receipts of the Excise and new Impost, for the Maintenance of the Garrisons of the Isle of Ely, to commence, by Weekly Payments, from the said 19th
of September last past; which hitherto could not be
received, because the great Anticipations in those
Receipts were then such as the same could by no
Means be satisfied and paid according to the Intent
of the said Ordinance: Be it therefore Ordained, by
the Lords and Commons assembled in Parliament,
That the Sum of Five Thousand Pounds, which, after
the Rate of Two Hundred and Fifty Pounds per
Week, reckoned from the said 19th Day of September, to the Sixth Day of February last, intended to
be paid unto the said Garrisons of the Isle of Ely
amounteth to that Sum, be paid unto the Governor
of the said Isle of Ely for the Time being, or his Assigns, out of the Receipts of the Excise, upon the
Ordinance of the 11th of September, 1643, and
no other, for the Use of the said Garrisons of the
Isle of Ely, in Course after other Ordinances of Parliament already assigned upon the said Receipts shall
be first satisfied and paid, and for the present Maintenance of the said Garrisons of the Isle of Ely;
which said Five Thousand Pounds in Course, and Two
Hundred and Fifty Pounds Weekly, from the Sixth
Day of February Instant, 1645, the Commissioners of
Excise for the Time being are hereby authorized
and required to make due Payment of, unto the said
Governor of the Isle of Ely, or his Assigns, according to the true Intent and Meaning of this Ordinance, whose Receipt or Receipts shall be from Time
to Time a sufficient Discharge unto the Commissioners
of Excise, and every of them.
"And if any Person or Persons shall advance or lend
all or any Part of the said Five Thousand Pounds
unto the said Governor of the said Isle of Ely, for the
better Supply of the said Garrisons, until the same
shall fall due and be paid in its Course as aforesaid;
be it hereby Ordained, That the Assignment or Assignments of all or any Part of the said Five Thousand Pounds, by the Governor of the Isle of Ely
aforesaid, shall be a sufficient Warrant unto the said
Commissioners of Excise to pay all such Assignment
or Assignments, not exceeding the Sum of Five Thousand Pounds aforesaid, in its due Course as aforesaid, unto such Person or Persons as shall so advance
and lend the same, together with Interest, after the
Rate of Eight Pounds per Centum, for so long Time as
they shall be out of all or any Part thereof, which
Person or Persons Receipt shall also be a sufficient
Discharge unto the Commissioners of Excise and
every of them for Payment of the Principal and Interest aforesaid."
Order for 1500 l. for the Garrison of Portsmouth.
"Whereas, by Ordinance of the 24th of June last,
Five Thousand Pounds were charged in Course, on
the Receipts of Excise, to come in upon the Ordinance of the 11th of September, 1643, towards the
Payment of Two Hundred Pounds per Week, settled
for the Maintenance of the Garrison of Portsmouth
and South Sea Castle; and whereas Samuell Anthony,
of London, Gentleman, hath, for Supply of the present Necessities of those Places, consented to a present
Advance of Fifteen Hundred Pounds, in Part of the
said Five Thousand Pounds assigned for the Use aforesaid: Be it Ordained, by the Lords and Commons
assembled in Parliament, That the said Samuell Anthony, his Executors, Administrators, or Assigns, shall
be satisfied and reimbursed the said Fifteen Hundred
Pounds, together with Interest for the same, after
the Rate of Eight Pounds per Centum, for so long
Time as the same, or any Part thereof, shall be forborn, out of the Recipts of Excise aforesaid, in such
Order and Course as the Ordinance of the 24th of
June last abovementioned shall succeed and take
Place; and that the said Fifteen Hundred Pounds, advanced as aforesaid, be paid unto Colonel Richard
Norton, for the Use aforesaid; whose Receipt, together with the Receipt or Receipts of the said
Samuell Anthony, his Executors, Administrators, or
Assigns, shall be a sufficient Warrant and Discharge
unto the Commissioners of Excise and new Impost,
and every of them, for Re-payment of the said Fifteen
Hundred Pounds and Interest, and every Part and
Parcel thereof, accordingly."
Order for continuing Assessments for Ireland for a longer Time.
"Whereas the Lords and Commons in this present
Parliament assembled have, by their Ordinance of
the Eighteenth of October, 1644 (which in some
printed Copies beareth Date the Sixteenth of October, 1644), Ordained, That a Weekly Assessment
should be had, made, and levied, through the Kingdom of England and Dominion of Wales, for the Relief of the Brittish Armies in Ireland, to commence
from the First Day of September then last past, and
to continue for One whole Year, as by the said Ordinance more at large appeareth; and whereas the
said Lords and Commons have, by another Ordinance
of theirs, dated the 15th Day of August, 1645, Ordained and Declared, That the before mentioned Ordinance, of the 18th of October, 1644, for laying
the said Weekly Assessment for One whole Year,
should, after the Time limited therein for Continuance thereof, be revived, and have Continuance for
the Space of Six Months longer, to commence the
First of November, 1645, and to (fn. *) end the last Day
of April, 1646, with the Alterations, Limitations,
and Provisos therein mentioned, as by the said Ordinance of the 15th of August, 1645 (Relation being
thereunto had) more at large may appear: Forasmuch now as it is found most expedient, that considerable Numbers of Horse and Foot (fn. †) be added
to those that are already in Ireland, and that Supplies
of all Sorts be forthwith provided and sent thither
for the carrying on of that War this next Summer,
which will require a farther Expence of Monies than
can be raised by the said Weekly Assessment for the
Times set and limited in the Ordinances aforesaid:
Be it hereby Ordained, by the said Lords and Commons in this present Parliament, That the said Weekly
Assessment, first to be charged, rated, taxed, and
levied for One whole Year, by the aforesaid Ordinance of the 18th of October, 1644, intituled, "An
Ordinance of the Lords and Commons assembled in
Parliament, for an Assessment through the Kingdom
of England and Dominion of Wales, for the present
Relief of the Brittish Armies in Ireland;" and since
revived and continued by another Ordinance, of the
15th of August, 1645, for Six Months longer, to
commence the First of November, 1645, and end the
last of April, 1646, shall, after the Times limited in
those Ordinances, have Continuance for the Space
of Six Months longer, to commence the First Day of
May, 1646, and end the last Day of October then
next following; and shall be assessed, levied, collected,
and paid, according to the true Intent and Meaning
of the aforesaid Ordinances."
Letter from Mr Strickland, that the Spaniartls are endeavouring to make a separate Peace with the French.
"For the Right Honourable the Lord Grey of
Warke, Speaker of the Lords House.
"Some Propositions betwixt France and Spaine have
put this State into great Considerations, and are, no
Question, as much our Interest as theirs. The Spanyard made many Addresses to this State, to treat
with it apart; but this State in that went bond Fide,
and would not meddle but by Communication with
the French, according to the Treaty. Now he offers,
by the Pope's Nuncio and Venetian Ambassador, the
Mediators at Monster, to give Flanders and the rest of
the Provinces in his Possession to the French, in Marriage with the Infanta to the French King, upon
Conditions to have Catalognia restored, and the Alliance broken with the King of Portugall. Two of
The States Ambassadors are returned to communicate
this, which is Matter of much Weight. The French
say, they will accept nothing but by Consent of this
State; but The States are so full of it, as they have
sent into all the Provinces, to have Instructions what
to do, if such a Resolution be taken. My Lord, this
Business hath more troubled this State than any
Thing that yet ever fell out since I came; and if it
should proceed, it would as much concern us as them,
in our nearest Interests. The French Ministers assure
this State, no Conditions will be offered nor taken
by them, but by mutual Consent. It were well those
Honourable Persons mentioned to come hither were
here, that those Interests which concern us so nearly
might be managed by those whose Abilities and Integrities may promise us Success. If France and
Spaine make a Peace without The States, it makes our
Alliance more valuable; and however, ours will be
more considerable before any Peace at Monster than
after: Many think these Offers are especially made
to divide the French and The States; or, at least, to
make both make less Haste into the Field this Summer. My Lord, I am
"Most humble Servant,
Hage, Mar. (fn. *) 5/23;, 1646.
Order for Mr. Whitlocke to have L. Littleton's Books.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That all the Books and
Manuscripts late Edward Lord Littleton's, whereever they shall be discovered or found, shall be, and
are hereby, bestowed upon Bulstrode Whitelock Esquire,
a Member of the House of Commons: And it is
further Ordered, That the Speakers of both Houses
do grant their Warrant for the searching for, and
seizing of, such Books and Manuscripts of the said
Lord Littleton's as he shall be informed of, to be
delivered to the said Bulstrode Whitelock as aforesaid."