DIE Martis, 26 die Maii.
PRAYERS, by Mr. Corbett.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Spinks to be instituted to Castor;
Ordered, That Doctor Heath shall give Institution
and Induction to Mr. Spinkes, to the Rectory of Castor,
in the County of North'ton.
and Syddall to Kirklington.
Ordered, That Doctor Aylett shall give Institution
and Induction to Michaell Syddall Clerk, Master of Arts,
to the Rectory of Kirklington, in the Diocese of Chester,
and Province of Yorke; being presented thereunto by
Letter from Sir T. Fairfax, about Mr. Herbert.
A Letter from Sir Tho. Fairefax, concerning Mr.
Herbert, who is a Commissioner in the Army: (Here
enter it.) It is deferred till Thursday Morning next;
and then the Proceedings as have been in this Cause
are to be perused.
Lambeth Petition, for Mr. Gregory to be Minister there.
Upon reading the Petition of the Inhabitants of Lambeth; desiring, "That Mr. Gregory may be their Minister there."
It is Ordered, That it is referred to the Assembly
of Divines their Opinion, concerning the Sufficiency
of the Person of Mr. Gregory for that Place; and to
return the same to this House with all Speed.
D. of Richmond and E. of Lindsey to be brought to London.
Upon reading the Letter of the Duke of Richmond,
and also the Letter of the Earl of Lyndsey.
(Here enter them.)
It is Ordered, That the Gentleman Usher, in whose
Custody they are, shall bring their Lordships to London, where they are to provide them, and then this
House will give further Directions therein.
Pitcher and Draper, in Error.
Ordered, That the Errors depending in this House,
between Pitcher Plaintiff, and Draper Defendant, shall
be argued at this Bar on the 28th of this Instant
England and Clark, in Error.
Ordered, That the Errors depending in this House,
between England Plaintiff and Clarke Defendant, shall
be argued at this Bar on the 28th of this Instant May.
Remonstrance and Petition from the City, and a Letter from the King to them.
This Day a Remonstrance and Petition was presented to this House, by Alderman Foote, accompanied
with Aldermen and divers Common Council of the
City of London; which was received, and read, as follows. (Here enter it.)
He further said, "He was commanded, by the Lord
Mayor, Aldermen, and Common Council of the City
of London, to acquaint this House with a Copy of a
Letter which the King sent lately to the Lord
Mayor; and it being opened Yesterday, they think
it fit to present the same to the Knowledge of their
Lordships;" which Letter was read.
(Here enter it.)
The Company withdrew.
Committee to prepare an Answer to them.
And the House appointed these Lords following to
consider what Answer is fit to be returned to the Lord
Mayor and Common Council upon this Remonstrance
and Petition; and present the same to this House:
L. Viscount Say & Seale.
The House was adjourned during Pleasure; and the
said Committee withdrew.
The House being resumed;
The Earl of Manchester reported what the Committee
had drawn up, in Answer to the Remonstrance and
Petition of the City; which was read.
And after Debate;
It was put to the Question, "Whether this in
the Paper now read shall be delivered as the
Sense of this House, now at the Bar, to the
Persons that brought the Remonstrance and
Petition from the Lord Mayor and Aldermen
(fn. *) and the Common Council of London?"
And it was Resolved in the Affirmative.
Protest against it.
Memorandum, That these Lords following, before the
putting of this Question, desired Leave of the House
to enter their Dissent and Protestation, if this Question
were carried against their Vote; which was accordingly
L. Viscount Say & Seale.
The Aldermen and the Common Council being
called in, the Speaker read the said Paper to them, in
hæc verba. (Here enter it.)
Remonstrance and Answer to be printed.
"Resolved, upon the Question, That the Remonstrance and Petition of the Lord Mayor, Aldermen,
and Common Council of the City of London shall
be printed and published; and likewise the Answer
of this House to it."
Recommended to Mr. Bellamy, to take Care of the
Message from the H. C. to expedite the Ordinance for raising Forces for Ireland.
A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.
To desire their Lordships would please to expedite
the Ordinance for raising Forces for the Service of
The Answer returned was:
That this House will take their Message into Consideration, and send an Answer by Messengers of their
Ordered, That this Ordinance be taken into Consideration on Friday Morning next.
Protest against the Answer to the Remonstrance from the City.
"The Question being carried, "That this Answer
should be returned to the Remonstrance and Petition brought this Day from the Common Council of
the City of London," these Lords, whose Names are
underwritten, do enter their Dissent and Protestation
Pembroke & Mont.
"W. Say & Seale.
Grey of Werke.
Remonstrance from the Lord Mayor, Aldermen, &c. of London, against the Sectaries in the Church;— to be relieved of the heavy Taxes;—for the Peers to qualify their Privilege of Protection from Arrests;— to prepare Propositions for a Peace;— to preserve the Union between the Two Kingdoms;—to vindicate the Ld. Mayor;— and to consider of the Reduction of Ireland.
"To the Right Honourable the Lords assembled in the High Court of Parliament.
"The humble Remonstrance and Petition of the
Lord Mayor, Aldermen, and Commons of
the City of London, in Common Council assembled.
"Our Duty in the First Place doth lead us to begin
all our Addresses, as we most heartily and humbly
do these, with all due and (fn. *) humble Acknowledgement of the great Labours and Endeavours which
your Lordships have these many Years employed in
Reformation both of the Church and Commonwealth,
and in Preservation of both; with the humble Tender of our constant Devotion to serve the Parliament,
according to our Covenant made before Almighty
God: In the next Place, we most humbly crave
Pardon, although we do presume again to return
unto your Lordships, and humbly yet plainly lay
open the Sorrows and Fears of our Hearts, even in
this Season, when as God hath blessed our Armies
with the greatest Successes, and that Man might
persuade himself that the War is almost at an End.
"For, First, when we remember that it hath been
long since declared to be far from any Purpose or
Desire to let loose the golden Reins of Discipline
and Government in the Church, or to leave private Persons or particular Congregations to take up
what Form of Divine Service they please; when we
look upon what both Houses have resolved against
Brownism and Anabaptism properly so called; when
we meditate on our Protestation and Covenant; and
lastly, when we pursue the Directory and other Ordinances for Presbyterial Government; and yet find
private and separate Congregations daily erected in
divers Parts of the City and elsewhere, and commonly frequented; and Anabaptism, Brownism, and
almost all Manner of Heresies, Schisms, and Blasphemies, boldly vented and maintained by such as
to the Point of Church Government profess themselves
Independent; we cannot but be astonished at the
Swarm of Sectaries which discover themselves everywhere, who, if by their Endeavours they should get
into Places of Profit and Trust in Martial and Civil
Affairs, it might tend much to the Disturbance of
the Public Peace both of the Church and Commonwealth.
"We cannot but also call to Mind what Vows we
have made to God in the same Covenant, as well
as our former Protestation, to preserve the Rights
and Privileges of Parliament, and the Liberties of the
Kingdoms, and to preserve and defend the King's
Majesty's Person and Authority, in the Preservation
and Defence of the true Religion and Liberties of
the Kingdoms; that the World may bear (fn. †) Witness
of our Loyalty, and that we have no Thoughts or
Intentions to diminish His Majesty's just Power and
Greatness; and do humbly rest in the Assurances we
have received, in the many former Declarations of
both Houses, concerning their Intentions towards His
Majesty, His Royal Posterity, and the Peace of this
Kingdom; which we doubt not but your Lordships
will pursue with all speedy Dispatch of Propositions
to His Majesty, now whilst God doth so mercifully
and miraculously go along with our Armies in all
the Parts of the Kingdom.
"We may not, in the next Place, forget our Brethren of Scotland, how first they were invited to en
gage with this Kingdom in God's Cause, when yet
they were at Peace at Home; in what Covenant this
Nation is mutually linked with them; at what Time,
in relation both to the weak Condition of our Forces
then, and the Season of the Year, they adventured
upon an Enemy warmly lodged, and well armed
and prepared; what they have since suffered for
this Cause in their own Kingdom; how succesful ever
since God hath made our Forces, in suppressing the
common Enemies of both Nations; and what present Hopes we have of a well-settled Peace, while we
continue in this mutual Amity: And then cannot
but lament the many Jealousies which the Enemies
of our Peace, Union, and Good Government, do now
strive to beget between both Nations, and tremble
at the sad Effects thereof, if not timely prevented
by the Wisdom of the Parliaments of both Kingdoms.
"We cannot also omit humbly to represent to your
Lordships Consideration, how many Citizens have
already suffered, and how many more will be undone,
if your Lordships shall still make Use of that ancient Privilege, to protect yourselves, the Assistants
of this Honourable House, and the Servants of both,
and others, from being proceeded against in any
Course of Law for Debt; which now, because this
Parliament hath already sat so long, and is likely by
reason of the Unsettledness of Affairs to sit much
longer, would especially require some Expedient, for
Relief of so many as otherwise must daily suffer under this Privilege.
"And now that the Kingdom is almost reduced, by
which Means the Revenues of the Kingdom will be
unburthened, and the Customs and Excise increase,
and the public Charge of the Kingdom decrease; now
that Delinquents do daily come in and compound;
and now that the Enemy hath but few Holds left:
We hope that the great and extraordinary Taxes
and Burthens on the City and their Trade shall be
in the future abated; that the Debts owing to the
City and Citizens of London, either by particular
Assurances of the Parliament, or upon the Public
Faith of the Kingdom, be taken Care for and discharged, as well as those assigned upon the Excise,
and may not be diverted from the Uses appointed
by former Acts and Ordinances.
"And we humbly crave Leave to present to the
Consideration of this Honourable House the Committee of Habberdashers Hall, as being One of the
greatest Grievances of this City, and which, so long
as it is continued, doth hinder the Concourse of People thereunto, and tendeth much to the Destruction
of the Trade and Inhabitants thereof.
"And now also we doubt not but God will give
the Parliament some better Means and Opportunity
for the Relief of our bleeding Brethren in Ireland,
and the suppressing of those horrid Rebels, and reducing of that Kingdom, wherein, besides the public and common Interest, we are particularly concerned.
"Lastly, we should have much to say for this City,
if we could imagine that its Fidelity and constant
Services and Devotion to the Parliament could either
be questioned or forgotten. That little we shall express on the Part of the City is, not to repeat how
zealous we have been in the Cause of God and this
Parliament; how we have spilt our Blood, and spent
and laid out ourselves and our Estates, in Maintenance thereof; how many public Acknowledgements we have by us of the favourable Acceptance
of them, and Promises to leave Testimonies thereof
to all future Ages: But only to beseech your Lordships to consider, how much our Hearts may justly be dejected, now that God hath followed your
Endeavours and our Prayers with so many Successes,
and brought this War to a probable Period (as to
the Sense of Man), that the Enemies of our Peace
should strive now to sow Jealousies between the Parliament and this City, as hath been too evident of
late; and particularly should so far prevail as to be
able to render the Chief Magistrate of this City, the
Lord Mayor, suspected; unto whom we cannot but
give this just Testimony, That he in his Place hath
faithfully behaved himself, and carefully discharged
"We could add much more, of the daily Invectives
against us from the Pulpit, and other Places where
the Bontefews of these Sectaries are admitted; the
scurrilous and seditious Pamphlets daily broached in
and against the City; and the great Contempt of,
and Discouragement unto, the Ministers of the Gospel who adhere to the Presbyterial Government:
But we shall conclude with this brief and humble
Representation of our Petitions and Desires to your
Lordships, in the Name of the whole City;
"That some strict and speedy Course may be
taken, for the suppressing of all private and
"That all Anabaptists, Brownists, Heretics, Schismatics, Blasphemers, and all such Sectaries
as conform not to the Public Discipline
established, or to be established, by Parliament, may be fully declared against; and
some effectual Course settled for proceeding
against such Persons.
"That, as we are all Subjects of One Kingdom,
so all may be equally required to yield Obedience unto the Government set forth, or to
be set forth, by the Parliament.
"That no Persons disaffected to the Presbyterial
Government set forth, or to be set forth, by
the Parliament, may be employed in any
Place of Public Trust.
"That this Honourable House will please to hasten
Propositions to His Majesty, for settling of a
safe and well-grounded Peace amongst us, after so long and unnatural a War.
"That your Lordships, according to the Covenant
and Treaties, will please to study all Means
to preserve the Union between the Two Nations of England and Scotland, and to remove
all Jealousies which may endanger our mutual Agreement.
"That your Lordships will please to consider of
some Means whereby the Privilege which the
Members of this Honourable House and their
Assistants, and the Servants of both, and
others, enjoy by being protected and exempt
from being proceeded against for their Debts,
may be so qualified, as that the Subject may
be able to recover his own in some due
"That all Public Revenues and Receipts may
be employed to Public Uses, that so the Taxes
of the City may be abated.
"That the Estates and Compositions of Delinquents may, according to the Engagements
by Ordinances of Parliament, be applied to
discharge the great Sums owing to this City
"That the Plymouth Duty may be taken off the
Trade, especially now that the West is reduced.
"That the Committee at Habberdash'rs Hall may
be presently dissolved, or at least limited and
regulated, as that the City may have no Cause
"That the reducing of the Kingdom of Ireland
may be taken into Consideration, before the
good Party there be too far wasted and discouraged.
"That the Lord Mayor of this City may be fully
"And lastly, and above all, that your Lordships
will please not to look upon any Expressions
of this our Remonstrance and Petition as
charging any Thing upon your Lordships,
or as is intended to intrench upon any Privilege of this Honourable House; but favourably to accept thereof, and so to interpret the same, as from a single and humble
Heart it is sincerely, and without any By-ends,
or to comply with any Party whatsoever, intended and breathed forth from the (fn. *) sad
Hearts of the Petitioners, who are overwhelmed with many Fears on all Sides, and
who call God the Searcher of all Hearts to
witness, that, according to their Covenant and
Duty, their Zeal, Devotion, and Obedience,
is as fervent and prostrate as ever to serve the
Parliament, with their Lives and Estates,
against all the Enemies of our Peace, and
to conjoin the City more and more to the
Parliament, and to maintain the Union of
both Nations against all Opposers whatsoever.
"All which we humbly submit unto the
Wisdom of this Honourable House.
Letter from the King, to the L. Mayor, &c. of London, that He will comply with the Desires of both Kingdoms for settling Peace.
"Right Trusty and Well-beloved, We greet you well.
Having expressed Our Resolutions to the Two
Houses of Our Parliament of England, and the Committee of Estates of Our Parliament of Scotland, to
give all just Satisfaction to the joint Desires of both
Kingdoms; We have now likewise thought fit to assure the Two Chief Cities of both Our Kingdoms,
that nothing is more grievous to Us than the Troubles and Distractions of Our People; and that nothing on Earth is more desired by Us, than that, in
Religion and Peace, with all the comfortable Fruits
of both, they may henceforth live under Us in all
Godliness and Honesty: And this Profession We
make for no other End, but that you may know immediately from Ourselves Our Integrity, and full
Resolution to comply with Our Parliaments in every
Thing for settling Truth and Peace, and Our Desire to have all Things speedily concluded which
shall be found requisite for that End; that Our Return to that Our ancient City may be to the Satisfaction of Our Parliament, the Good-liking of you
and all Our good People, and to Our own greater
Joy and Comfort. We bid you heartily Farewel.
"From Newcastle, the 19th of May, 1646.
"For our Right Trusty and Well-beloved
the Lord Mayor Aldermen, and Common Council of Our City of London.
Lords Answer to the Remonstrance, &c. from the City.
"The Lords are very sensible of the great Fidelity and constant Services of the Lord Mayor, Aldermen, and Common Council of the City of London to this present Parliament, which they shall never
forget. They acknowledge their Zeal, expressed
upon all Occasions, in the Cause of God and this
Parliament; and how readily they have spilt their
Blood, and spent and laid out themselves and their
Estates, in the Maintenance thereof. They are well
satisfied with your Expressions and Care to settle the
true Reformed Protestant Religion, according to the
Covenant; and with your Desires to have all Heresies, Schisms, and Blasphemies suppressed; as also
with your Respect to preserve the Rights and Privileges of Parliament, the Liberties of the Kingdoms,
and to preserve and defend His Majesty's Person and
Authority, in the Preservation of the true Religion
and the Liberties of the Kingdoms, His Royal Posterity, and the Peace of the Kingdoms; as also for
your Desires for the Continuance of Union between
us and our Brethren of Scotland, of whose Services
and Sufferings we shall not only hold a grateful Memory, but upon all Occasions give a Retaliation;
unto all which we hold ourselves equally with you
obliged by our solemn League and Covenant.
"As to the Person of the Lord Mayor, the Lords
hold an high Esteem of him, according to his Merit;
and have commanded me to let you know, that nothing hath passed this House, at any Time, in Prejudice of him; and when the Particulars wherein he
finds himself aggrieved shall be made known to them,
they shall be ready in a Parliamentary Way to do him
"The Lords will take the other Particulars of your
Petition into serious and speedy Consideration; and
have commanded me to give you hearty Thanks for
the real Testimonies of Duty and good Affections,
which not only by your Words, but by your Actions,
you have constantly manifested unto them."
Letter from Sir T. Fairfax, for Mr. Damport's Suit in Chancery against Mr. Herbert, a Commissioner in the Army, to be stayed.
"To the Right Honourable the Lord Grey of
Warke, Speaker pro Tempore to the Lords
assembled in Parliament.
"May it please your Lordship,
"Upon our March last Year to relieve Taunton, Mr.
Thomas Herbert, One of the Parliament's Commissioners in this Army, upon his Petition, obtained from
your Lordships an Order, That the suspending a Suit
revived against him by one Mr. Damport should be
recommended to the Commissioners of the Great
Seal, to give the said Mr. Herbert convenient Time
to answer that Bill; which was given accordingly:
And after, videlicet, 11 Junii, upon his Petition, obtained another Order from your Lordships, That all
Proceedings against him touching that Suit should
be staid, during his necessary Employment in the
Army. The 15th April last also the Commissioners
of the Great Seal ordered, That he should have
Time, till Midsummer next, to put in his Answer to
Mr. Damport's Bill; since which, the said Damport,
taking Advantage of his Absence, hath (as I am informed) got those Orders of your Lordships and
Commissioners crossed, and given Two Rules for
Publication, exceedingly to Mr. Herbert's Discouragement (who hath been very constant and active in this
last Year's happy Service, and employed as yet upon
Business that much concerns the Army and Public
Good), and no less to his Prejudice in the Right of
the Two Orphans his Brother's Children, whom he is
"Now, forasmuch as no other (fn. *) Commissioner save
Mr. Herbert is resident in the Army (the rest being
abroad about other Affairs), and the Country and
Army at this Time especially concerned by reason of
those Proclamations I have lately set out against Free
Quarter, and ordered to be read in all Churches and
Towns in this and the adjacent Counties where the
Army quarters, relating much to his Charge and Attendance; being also One of the Commissioners now
treating for the rendering of Oxford, which he likewise attendeth; I make it my Suit unto your Lordships, that his Condition may be by your Lordships
considered of, and your Favour continued, whereby,
during his necessary Employment here, no Proceedings may be against him in Chancery upon that Suit
till after Midsummer at least, when I hope he may
have Liberty to come to London, to advise with
Counsel; which being but just, engages this Request from
From the Leaguer before Oxford, May, 1646.
"Your most humble Servant,
Letter from the D. of Richmond and the E. of Lindsay to the Speaker.
"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro
"We make the more hopeful Address to the Lords
(which we desire your Lordship to present to them),
being in the same Subject, wherein we are Suitors
for our Liberty. We conceive we have already Matter of Thanks for some Degree of it; which is an
Encouragement to desire it in that Measure as may
make us Freemen; and your Lordships Assistance to
it, which will then make us more
Langley Parke, May 25th.
"Most humble Servants,
"J. Richmond & Lenox.
Letter from them to the House, desiring to be released.
"To the Right Honourable the Lords assembled
"May it please your Lordships,
"It is now near a Month since our being in these
Quarters; and from the Time your Lordships took
Notice of us, have been ordered to be in the Custody
of the Gentleman Usher of the Black Rod, under
which Restraint we still remain. We do presume that
this will not be an unseasonable Time to petition, that
your Lordships would so far consider our Condition
as to take off our present Restraint, and, by granting
us our Liberty, put us in a Capacity the better to acknowledge the Favour we have already received, and
give us the Opportunity to solicit your Lordships with
more Convenience for what further Favour our Conditions stand in Need of; whereby you will oblige
"Your Lordships most humble Servants,
Writs of Error brought in.
This Day Mr. Justice Bacon, Senior Judge of the
Court of King's Bench, brought into this House these
ensuing Writs of Errors:
1. Mathew Hamon Plaintiff versus Jo. Hitchcocke
2. Jo. Younge Plaintiff versus Jer'm. Rawstorne Defendant.
3. Jo. Younge Plaintiff versus Jer'm. Rawstorne Defendant.
4. Jo. Younge Plaintiff versus Jer'm. Rawstorne Defendant.
5. Tho. Aldridge Plaintiff versus Wm. Wright Defendant.
6. Vinc. Benshkine Plaintiff versus Mathew Salt Defendant.
7. Rich. Hurst Plaintiff versus Jonathan Peeres Defendant.
8. Christopher Emerson Plaintiff versus Jo. Browne
9. Peter Stepkin Plaintiff versus Robert Raystricke
10. Cha. Whichacke Plaintiff versus Wm. Knightly
11. Vin. Benkine Plaintiff versus Tho. Neeme Defendant.
House adjourned till 10a, Thursday.