DIE Lunæ, 4 die Maii.
PRAYERS, by Mr. Calamy.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Burden to be instituted to Alkerton.
Ordered, That Sir Nathaniell Brent shall give Institution and Induction to Richard Burden, to the Rectory of Alkerton, being presented thereunto by Mr.
Plymouth Petition, to settle the Parsonage Impropriate there for the Benefit of Mess Hughes and Porter.
Upon reading the Petition of the Mayor and Commonalty of the Borough of Plymouth; desiring "that
(fn. *) the Parsonage Impropriate of Plymouth, now in
Sequestration for the Malignancy of Wm. Jones, may
be settled, for the Increase of the Maintenance and
Means of Mr. George Hughes and Francis Porter."
It is Ordered, That it be sent, and specially recommended to the House of Commons, with a Desire that
it may be referred to the Committee of Sequestrations
(fn. †) to pay the same accordingly.
Count. of Marleborough, a Pass.
Ordered, That the Countess of Marleborough shall be
permitted to remain within the Line of Communication, for to follow her Occasions.
Message from the H. C. for the General Training of the Militia to be deferred.
A Message was brought from the House of Commons, by Sir Christopher Yelverton:
To desire their Lordships Concurrence in this Vote;
"Resolved, upon the Question, by the Lords and
Commons assembled in Parliament, That the Committee of the Militia of the City of London be desired, that the General Training may be put off till
Tuesday next come Fortnight, in regard that the
Houses, desiring to be present at it, cannot be there
The Answer returned was:
That this House agrees in this Vote.
Denham, a Habeas Corpus.
Upon the Petition of Mr. Denham: (Here enter the
Petition.) It is Ordered, That a Habeas Corpus be
issued out immediately, to bring him before this House.
Letter from the Committee before Newark.
A Letter from the Lord Mountague, with the Summons of Newarke, were read. (Here enter them.)
Ordinance for 15,000£. for the Scots Army.
The Ordinance for Fifteen Thousand Pounds for the
Scottish Army was read, and Agreed to.
(Here enter it.)
Ordinance concerning the Sale of the E. of Worcester's Lands. Bp. of Durham's Ordinance.
The Ordinance concerning the Sale of the Earl of
Wor'ster's Lands in Midd. was read Twice.
Ordered, That the Ordinance concerning the Allowance of the Eight Hundred Pounds per Annum to
the Bishop of Duresme is Agreed to, as it came up from
the House of Commons, without any Alteration.
(Here enter it.)
Robins and Rives sent for.
Upon reading the Affidavits of Phillip Packer and
Mr. Cox: It is Ordered, That the Parties complained
of, shall be attached, and brought before this House,
to answer their Contempts to the Order of this House.
Wightwick's Petition, for an Allowance in Lieu of a Scholarship in St. John's College, Oxford, the Gift of Sir T. White.
Upon reading the Petition of John Wightwicke, Student in Emanuell Colledge in Cambridge; shewing,
"That, by the Gift of Sir Thomas White, (fn. ‡) Two
Scholars Places are appointed in St. John's Colledge
in Oxford; the Scholars to be taken out of the Free
Grammar School in Coventry; which Places being
void in August, 1644, Sam. Basnett and the Petitioner, being Two Scholars then in that School,
were duly elected into those Places; but in respect
that, Oxford being the King's Head Quarters, neither
of them could be placed there: Now, for that it
pleased this House, Jan. 29, 1645, upon the humble
Petition of Sam. Basnett, to order that the Mayor
and Aldermen of the City of Coventry, or the Committee of Sequestrations respectively whom it concerned, should (fn. ||) forthwith pay to the said Sam. Basenett
Twenty Pounds per Annum, with the Arrears payable unto him of that Gift of Sir Tho. White, which
was done accordingly: Therefore desires the like
Order for him, for the like Allowance, payable accordingly to the said Founder's Gift, towards his
Maintenance and Livelihood."
It is Ordered, That it be referred to the Committee
of Sequestrations, to pay to the Petitioner the Profits,
with the Arrears, belonging to his Scholarship.
Letter from the Prince, and Sir T. Fairfax's and Sir R. Hopton's.
Next, the Letter of Sir Tho. Fairefax and Sir Ralph
Hopton's was read; and the Prince's Letter was read:
(Here enter them.) And the Earl of Northumb. Earl
of Warwicke, Lord Viscount Say & Seale, the Lord
Wharton, and the Lord Robertes, were appointed to
draw up a Letter to be sent unto the Prince, and report the same to this House.
Dutchess of Richmond, a Pass.
Ordered, That the Lady Dutchess of Richmond shall
have a Pass, to go to Richmond, to her Husband there,
he having come in and rendered himself to the Parliament, and is now a Prisoner to this House; and the
Concurrence of the House of Commons to be desired
in this Pass.
And accordingly a Message was presently sent to the
House of Commons, by Sir Edw. Leech &c.
Inhabitants of St. Buttolph's Petition, that some withhold the Dues from Mr. Harris their Minister.
Upon reading the Petition of John Everett, &c. Inhabitants of the Parish of Buttolph Bishopgate; complaining, "That divers Persons do refuse to pay their
Duties to Mr. Harris their Minister."
It is Ordered, That the Petitioners shall attend this
House on Friday Morning next, and present the Names
of such Persons as do refuse to pay their Duties.
Princess Elizabeth at Wilton.
The House was informed, "That the King's Daughter, with the Retinue that came with her from Exeter,
is now at Wilton, in the County of Wilts; where
her being may be prejudicial to the Country, because all the Malignants of the Country do resort
Mr. Howard freed from Sequestration.
A Paper was reported by the Lord Viscount Say °
Seale, from the Committee of Lords and Commons for
Sequestrations, concerning the Business of Mr. Charles
Howard, and read. (Here enter it.)
And after Consideration thereof, it is Resolved, upon
the Question, That, upon the whole Matter of the
Report from the Committee of Lords and Commons
for Sequestrations, Mr. Charles Howard be freed from
all Sequestrations upon his Estate.
Ordered, That this be communicated to the House
of Commons, for their Concurrence.
Message from the H. C. with a Vote to prevent the Concealment of the King's Person;
A Message was brought from the House of Commons, by Sir Robert Pye Knight;
To desire their Lordships Concurrence in these Particulars:
1. A Vote concerning those that shall not reveal
where the King is, if they know it (fn. *) . (Here enter it.)
Read, and Agreed to.
2. A Vote, That the Committee for the Militia of
London may publish the Vote. (Here enter it.)
Agreed to, upon the Question.
to expedite an Ordinance;
3. To desire Expedition in the Ordinance concerning Mr. Porter.
and with an Order.
4. An Order for Continuance of the Ordinance for
the Northern Association.
Ordered, That this Business be taken into Consideration To-morrow Morning, the First Business.
The Answer returned was:
That this House agrees to the Two Votes concerning the King's Harbouring: To the rest of the Message,
this House will send them an Answer by Messengers
of their own.
Denham's Petition, for a Habeas Corpus.
"To the Right Honourable the Lords assembled
"The humble Petition of John Denham Esquire;
"That this Petitioner being a Prisoner of War, and
exchanged by Order of the House of Commons annexed; but being charged in the King's Bench with
divers Actions and Executions, the Committee for
Prisoners hath ordered he be discharged notwithstanding the same, as is annexed also: But Sir John Lenthall conceiving the same to be no legal Discharge;
this Petitioner humbly prayeth, that your Lordships
will order a Habeas Corpus, to bring him with his
Causes before your Lordships, to be discharged, according to former Precedents.
"And your Petitioner shall humbly pray, &c.
"Die Mercurii, 4 Febr. 1645.
"Resolved, upon the Question, That this House
doth approve of the Exchange of Mr. Denham a
Prisoner to the Parliament, for Major Harris a Prisoner to the Enemy at Exceter."
Letter from Sir T. Fairfax, with the Prince's Answer.
"For the Honourable William Lenthall Esquire,
Speaker of the Honourable House of Commons.
"The inclosed is the Answer I received from Silly,
to the Letter you sent his Highness; whose own
Answer to both Houses is sent up by Sir Joseph
Seymour. What is desired concerning the Prince's
Tutor, I leave it wholly to your Consideration; and
Andover, 26 April, 1646.
"Your humble Servant,
Letter from Sir Ralph Hopton to Sir T. Fairfax with it.
"For Sir Thomas Fairefax General.
"His Highness received a Letter, sealed, from the
Speakers of both the Houses of Parliament, by a
Trumpeter of yours, which he delivered with his
own Hand, according as he said his Order was.
His Highness hath sent his Answer by this Gentleman, Sir Joseph Seymour. I have here no Trumpet
to send with him, and must therefore pray you to excuse that Form. His Highness desires you would give
this Gentleman your Pass, to go to London with this
Letter, and to return to him to the Isle of Jersey.
His Highness likewise desires you to give your Pass
to his Tutor the Bishop of Salisbury, with his Family
and Servants, to come to him to Jarsey. And so
Silly, the 15th of April, 1646.
Letter from the Prince of Wales, in Answer to the One from both Houses; and desiring a Pass for L. Capel.
"To the Lords and Commons assembled in the
Parliament of England.
"We have received your Message of the 30th of
March, the 11th of this present; by which (being informed of Our late Remove into this Island of Sylly)
you invite Us to come forthwith into your Quarters;
and to reside in such Place, and with such Counsel
and Attendants about Us, as you the Two Houses
shall think fit to appoint. We have a great and
earnest Desire to be amongst you, if We might have
any Assurance that it would prove an Expedient toward a blessed Peace, and the Composure of these
miserable Distractions; and therefore, when We were
compelled to depart from Cornwall, We chose this
poor Island to reside in, where We hoped We might
have securely attended God's Pleasure, till We might
have been made an Instrument towards a happy
Peace: But the Scarcity of Provisions being such in
this Place, and We having not since Our coming
hither (which is now about Six Weeks) received One
Day's Victual (though We left Servants of Our own
in Our Dutchy of Cornwall to take Care for Our necessary Supply), We are again compelled to remove
to the Island of Jarsey, whither We hope Almighty
God will conduct Us; which Place We chose the
rather, as well being Part of the Dominions of Our
Royal Father, which yet is evident to you We have
no Purpose to quit, as being much nearer to you,
and so fitter for Correspondence: And therefore, that
We may the better receive Advice from you, with
which We shall always comply as far as with Our
Duty and Piety We may, We desire you to send to
Us a safe Conduct, for the Lord Capell to come to
you, and to receive from you such particular Propositions for Our Welfare and Subsistence as you
think fit to make; and that he may then attend Our
Royal Father, and return to Us to Jarsey; and
thereupon We hope, by the Blessing of God, you
will receive such Satisfaction as shall testify the great
Desire We have, and shall always have, to follow
the Counsel and Advice you shall give; which will
be an unspeakable Comfort to us.
"Given at Our Court, in the Island of Silly, the 15th
of April, 1646.
Letter from the Committee before Newark.
"For the Right Honourable the Speaker of the
House of Peers. These.
"I here inclosed send your Lordships the Copies of
our Second Summons, and the Answer thereunto.
We are to meet with the Scotts Commissioners Tomorrow in the Morning at Balderton; and shall, from
Time to Time, give your Lordships an Account of
our Proceedings; who am,
Lincolne, 29 April, 1646.
"Your Lordships humble Servant,
Summons to Newark, to surrender.
"We hope you have considered that our Paper (as
you term it) contained a Summons from us, and
what we received from you merits no Reply. We
were in earnest as to give an Account to God and
Man of our Proceedings, and to shew that nothing
from you can hinder our endeavouring that you
may see your approaching Ruin; and (whilst there
is Time avoid it) we once more demand of you, in
the Name of both Houses of the Parliament of England, and for the Use of the King and Parliament,
That you forthwith deliver up the Town and Garrison of Newarke into their Hands; and we shall
give you Conditions for the Surrender thereof, which
you must not expect to be such as you might formerly have obtained. Your now accepting of what
is offered will declare you are sensible of the total
Loss of your Estates, the Devastation of the Country
round about you, of the Ruin of the Town, and of
the Blood which may else be spilt. We shall expect
your positive Answer by Three of the Clock Tomorrow in the Afternoon, at Balderton.
Collingham, 27th of April, 1646.
"Signed in the Name, and by the
Warrant, of the Committee of both
"Edw. Mountagu. Lothian.
"For the Governor of the Town and
Garrison of Newarke, the Gentlemen
there, and the Mayor, Aldermen,
and Burgesses of that Town."
Governor of Newark, &c. Answer to it.
"The Consideration of what is required in your
Summons of Monday last being of so high Concernment to His Majesty, and to the particular Interests
of very many of His faithful Subjects in this Garrison; I conceive a shorter Time than Monday next
will not be sufficient to prepare Articles of so divers
Natures as are necessary to be treated on; at which
Time I will not fail to send such to you, and upon
your Assent to them to surrender the Town: In the
mean Time, I send you hereunder written the Names
of such Commissioners, for the Nobility, Gentry,
Soldiery, Clergy, and Townsmen, as I do intrust for
the treating upon those Articles, with an equal Number of yours, whose Names I shall desire by the next,
and that you will appoint such a Place as you shall
think most convenient for the Treaty. And I further expect that a safe Conduct be granted, and
Hostages delivered, for the Security of those Commissioners employed by me.
April 29th, 1646.
"The Lord Lexington.
"Sir Bryan Palmes.
"Sir Gervase Nevile.
"Major General Eyre.
"Sir Symon Fanshaw.
"Sir Gamaliell Dudly.
"Dr. Marsh Dean of Yorke.
"Mr. Standish Alderman.
"For the Committee of both Kingdoms."
Report from the Committee of Sequestrations, about Mr. Charles Howard.
"Die Mercurii, 23 Aprilis, 1646.
"At the Committee of Lords and Commons for
"In the Case of Mr. Charles Howard, which came
to be heard this Day, upon the Certificate and Depositions of Witnesses returned from the Committee of Yorkesheir to whom it was referred to Examination;
"The Substance of the Proofs against Mr. Howard
"That he was at Skipton Castle, then the Enemy's
Garrison; went from thence with a Party of Horse
of the Enemy commanded by Colonel Carnaby towards Newarke; upon the Way, they were set upon
by a Parliament's Party from Sheffeild, commanded
by Colonel Bright, at Greenhill Moore, in the Night,
and were routed; Mr. Howard drew his Sword, and
discharged his Pistol, and lost them in their Pursuit
of him; and he was taken the next Morning by the
common People, and brought Prisoner to Sheiffeild;
Colonel Carnaby sent him Money thither for his
Relief: The Proof of his drawing his Sword and discharging his Pistol was by Colonel Bright's Information upon Oath, and Two swear that he confessed
he was taken Prisoner.
"The Substance of the Proofs on Mr. Howard's
Party, Grey and Merley.
"By Two Witnesses vivâ voce, his Servants who
were with him when the supposed Fight was, denied
that it was a Fight; but that they were travelling,
at Ten in the Night, with Colonel Carnabye's Party,
to what Place they knew not; and being set upon
or affrighted by the said Sheffeild Forces, they fled
away without any Fighting, and Mr. Howard was
after taken. He was never in Arms against the
Parliament; and yet the King offered him a Regiment of Gentlemen, which he refused: That he was
at that Time under the Power and Government of
Mr. Robert Howard his Uncle and Tutor, who carried him whither he pleased, without his Consent,
and against his Will, being formerly bred up and
kept by Sir Francis Howard his Uncle, a Papist, at
Naworth, in Cumberland, in the Popish Religion;
who, intending to send him into France, being then
but about Fifteen or Sixteen Years of Age, conveyed him from thence to Bristoll, then in the King's
Hands; going thither through Chester and Wales,
being the King's Quarters, and having been at
Bristoll about Twelve Weeks, shipped him for France
with the said Robert Howard his Tutor, and his said
Two Servants; and being shipwrecked at Sea, they
were cast upon a Port in Lancasheir then in the Parliament's Quarters, from whence they departed; and
travelling along the Country, they were met by a
Party of Horse from Skipton Castle, and brought
thither; and going from thence, that Accident happened as aforesaid.
"Mr. Henry Darley testified,
"That he being then in those Parts, and using his
best Endeavours, by Letters and other Means, to
win the said Mr. Howard to the Parliament, he received a Letter from him, dated from Skipton, by
which he signified his Desire to come into the Parliament, if he might have a Pass: This Letter was
dated Three Days before he was taken Prisoner, but
came not to Mr. Darleye's Hands till after.
"That Mr. Howard was bred up a Papist, and confessed himself so to be, before this Committee, about
November last; but hath since conformed himself, by
coming to Church and receiving the Communion;
as was certified by Mr. Caudrey Minister of St. Martin's Church; and married the Lord Edward Howard's
"After long Debate of the Matter, and Hearing of
Counsel Learned on both Sides, the Committee being
of different Opinions touching the Sequestration: It
is thought fit, and Ordered, That the Case be reported to both Houses of Parliament, with this Opinion of the Committee, That they think him a fit
Subject for their Favour.
"Vera Copia, ex'r per me,
Order for 15,000£. for the Scots Army.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Committee of Gouldsmiths
Hall do take Care forthwith to provide and send the
Fifteen Thousand Pounds ordered the 23th of April,
for One Month's Pay for the Scottish Army, unto
the Commissioners with the Army before Newarke:
And if the Treasurers Richard Wareing and Michaell
Herring shall borrow the said Money, or any Part
thereof, it is hereby Ordered, That they shall repay the same, with Interest after Eight Pounds per
Centum, unto the several Lenders thereof, for (fn. *) so
long Time as it shall be unpaid, being to issue out
of the Four last Months Assessments made for that
Those who conceal the King's Person Traitors.
"Ordered, That it be, and it is hereby, Declared,
by the Lords and Commons in Parliament assembled,
That what Person soever shall harbour and conceal,
or know of the harbouring or concealing, of the
King's Person, and shall not reveal it immediately
to the Speakers of both Houses, shall be proceeded
against as a Traitor to the Commonwealth, forfeit
his whole Estate, and die without Mercy."
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of the Militia
of the City of London be desired to publish this Order, by Beat of Drum, or Sound of Trumpet, within
the Cities of London and Westm'r, and Lines of Communication."
Order for 800£. per Ann. to the Bp. of Durham.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Bishop of Duresme shall be
allowed Eight Hundred Pounds per Annum."
Packer's Affidavit, that Robins, &c. threatened his Life, for seizing the Lead that was brought from Donington Castle;
"Die Sabbati, 2 Maii, 1646.
"Phillip Packer, of The Middle Temple, Gentleman,
maketh Oath, That while he was in Newberry, in
the County of Berks, to seize upon such Lead as he
could there discover to have been brought from
Donington Castle; and having seized divers Parcels
in Newberry, by virtue of an Order of the Honourable House of Peers; One Robins, an Ensign in the
Farnham Regiment (and under Captain Bruer, as
this Deponent is informed), came to Mr. Coxe's
(where this Deponent lodged in Newbery), on Saturday
Night, the 25th of April, with one Lieutenant Brooks
of the same Regiment; and finding this Deponent
sitting at the Table, after Supper, about Nine at
Night, said to this Deponent, "Sir, you have taken
away my Lead." This Deponent replied, "Sir, 'tis
more than I know." The Ensign, with his Sword
undrawn in one Hand, and a Pistol in the other, presented the Pistol to this Deponent's Breast, and swore,
by God, "he would have his Blood or his Lead;"
and bad him, "if he were a Gentleman, to give him
presently Satisfaction with his Sword, or else he would
post him upon the Gallows for a Slave and a base
Fellow." This Deponent bad him "be advised what
he did; for it was in Disobedience of an Order of
Parliament, and before them he would give him Satisfaction; but conceived it was not to be demanded
by the Sword" (or to that Effect). He swore, "he
would not depart the House till he had Satisfaction,
and that he would have his Life or his Lead." Mr.
Cox desired him "to depart his House, and to expect Satisfaction in another Place;" which he would
not do; but still demanded Satisfaction for the Lead;
and would have drawn this Deponent out of the
House, to have given that Satisfaction; and swore
he would break open the Place where this Deponent had laid the Lead: But would not depart the
House till Mrs. Cox, the Gentlewoman of the House,
was in so great Fright with his rude and insolent
Carriage, that it was justly feared she would suffer
much in her Health; thereupon with great Threatenings he left the House. And further this Deponent faith, That on Monday in the Afternoon, April
27, the said Ensign met this Deponent in Basingstoake, and told him "he was not now in Newbery,
and that he had a Sword on;" and so followed him
into the Bell Yard, where this Deponent went; and
laying Hands on his Horse's Bridle, bad this Deponent "come down, and give him Satisfaction for
the Lead he stole;" and drew his Sword, and strook
this Deponent upon the Arm; whereupon this
Deponent drew his Sword for his Defence: And
presently there came in Two Troopers, under Captain Terry of Surrey, whom the Ensign, as this Deponent believeth, called thither, being of his intimate Acquaintance, who did abet him, and would
not suffer this Deponent to go or send for Aid of the
Magistrates. This Deponent shewed them the Order of the Lords, which they said was not sufficient,
being subscribed only by John Browne, and no Lords
Hands to it. He told them he had done what he did
by that Order, and what they did was in Disobedience to it; so, till this Deponent had given Satisfaction under his Hand, they would not give him
Liberty to go out of the Place. All which, of
Words to the same Effect, this Deponent affirmeth
to be true.
"Jur. 2 Maii, 1646.
and that Reives refused to deliver Lead brought from thence.
"2 Maii, 1646.
"Philip Packer, of The Middle Temple, Gentleman,
maketh Oath, That Bernard Reives, of Basingstoke,
in the County of South'ton, Grocer, did confess to
this Deponent, on Monday, April 12, that [ (fn. *) he had]
in his Possession Three Tuns of Lead, which was
belonging to Donington Castle; which this Deponent charged him to see forth-coming upon Demand, according to an Order of the House of Peers;
which this Deponent did demand of the said Bernard
Reives, at Basingstoke, on Monday, April. 27, which
he then again confessed to be in his Possession or
Power; but refused to deliver the same without a
Sum of Money presently paid to him at the Delivery.
"Jur. 2 Maii, 1646.
Cox's Affidavit, concerning this Business.
"Gabriell Cox, of Newbery, in the County of Berks,
Gentleman, maketh Oath, That, on Saturday the
25th of April last past (Mr. Phillip Packer being
with this Deponent, his Wife, and another Gentlewoman, sitting in his Parlour, where they had newly
supped), one Ensign Robbins came into the said Parlour; and there finding the said Mr. Packer, fell
very uncivilly upon him; and having his Sword by
his Side, and his Pistol in One of his Hands, with
the other Hand lay hold upon him the said Mr.
Packer, swearing he would shoot him, and post him
upon the Gallows for a base Slave, if he would not
give him present Satisfaction (for some Lead, as this
Deponent conceiveth, which the said Mr. Packer had
seized); which uncivil Carriage of the said Robbens
did so terrify and affright both this Deponent's Wife
and the other Gentlewoman, that they were ready
to sink down in the Place; whereupon this Deponent was constrained to thrust himself between them:
And so for that Time the said Robbens departed, still
threatening that he would pistol him wherever he
met him, if he had not Satisfaction for the said
"Jur. 2 Maii, 1646.