Die Jovis, 4 die Februarii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
L. Viscount Hereford.
Report concerning the St. Nicholas, or St. Peter, a Spanish Ship, taken by virtue of Letters of Reprizal to Clements, Thompson, & al.
The Earl of Warwicke reported a Paper from the
Committee of Lords and Commons for Foreign Affairs;
which was read, as follows:
21 Jan. 1646.
"Whereas the House of Lords, by their Order of
the 4th of March last, were pleased to refer unto
this Committee the Consideration of a Representation
from the Right Honourable Don Alonso De Cardenas,
concerning the Surprizal by Captain Plunkett of a
Ship called (fn. *)
The St. Nicholas, or St. Peter, and her
Lading, by virtue of Letters of Reprizal granted by
the King, to Gregory Clements, Maurice Thompson,
"This Committee, upon hearing this Day of the
Counsel, as well on Behalf of the Spanish Ambassador and the Merchants claiming Propriety in the
said Lading, as on the Behalf of the said Gregory
Clem'ts, Maurice Thompson, & al.
In the Opening of the Case do find, that there are
therein many difficult Points of Law, and the same,
according to the Practice of Nations, ought to be judicially heard, proceeded in, and determined, in the
High Court of Admiralty; which Course will both
take away all Cause of Complaint, and satisfy the
Ambassador of the good Intentions of both Houses of
Parliament to all good Correspondency: But, in regard there is no Court of Admiralty at present settled;
whither this Cause may be referred to receive its
Dispatch, it is therefore Ordered, That both Houses
be moved herein, that some Course may be taken for
the settling the Court of Admiralty; and that this
Business may be referred to that Court, to be there
proceeded in according to Law: And his Lordship
the Earl of Warwicke is desired to report the same to
the House of Peers."
Ordered, That this Report be sent to the House of
Another Paper was reported from the Committee of
the Admiralty; and was read, as follows:
Crowther to command The Bonaventure, and be Vice Admiral of the Irish Seas.
Die Martis, 2 Februarii, 1646.
"By the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Whereas, upon the coming in of The Happy Entrance, late under Command of Captain John Crowther, Vice Admiral of the Irish Seas, the Ship Bonaventure is now fitted to supply her Place, and for
that the hastening of her forth into those Seas will
be a very good Advantage to the Affairs of Ireland:
This Committee doth recommend it to both Houses
of Parliament, that the said Captain John Crowther
(having served the Parliament with much Diligence
and Fidelity in that Employment) may be approved of
by them, to have Command of the said Ship The
Bonaventure, for the Remainder of this Winter, and
the next Summer's Expedition; aud to return in her
to his former Charge of Vice Admiral of the Irish
Ordered, That this House agrees and approves of
this Report; and that it be sent down to the House of
Commons for their Concurrence.
E. of Arundel submits himself to the Parliament.
The Speaker informed the House, "That the Earl
of Arundell is come into England, from beyond the
Seas, by virtue of the Order of this House; who is
ready to obey their Lordships Commands."
It is Ordered, That the Earl of Arundell shall
remain in his House, until he understand the further
Pleasure of this House; and that there be a Search what
hath been done in the like Case.
Ordinance for a Fast, on account of the Growth of Heresy.
The Ordinance for keeping the Fast, for the Growth
of Heresies and Errors, was read, and Ordered to be
printed and published; and that the Sheriffs or Undersheriffs of the several Counties shall take Care that the
said Ordinance be sent down into the several Counties.
(Here enter it.)
L. Delawarr to be summoned.
The House being informed, "That the Lord Ella
Ware is now of full Age."
It is Ordered, That the Speaker write a Letter to
him, to attend this House as a Peer.
Roberts's Petition, to be Engineer to the Office of Ordinance.
Upon reading the Petition of Wm. Robertes, Fire-master
to the Army for King and Parliament; shewing, "That,
in June last, their Lordships were pleased to bestow a
Gratuity of One Hundred Pounds upon him; but he
could never as yet receive any Part of that, or any
Part of his Pay due unto him: And forasmuch as the
Place of Engineer to the Office of the Ordnance in
The Tower of London is become void, by the Death
of Mr. Delamaine, the Petitioner desires the said
Engineer's Place may be conferred upon him."
It is Ordered, These Lords following shall enquire
after the Abilities of the said Robertes; and speak with
him, to discover his Experience for the Execution of
that Place; and then to report the same to this House.
|L. Viscount Say & Seale.
Any Two, to meet when they please.
Goodwin to be Water Bailiff and Keeper of the Prison at Dover.
The Earl of Sarum reported a Paper from the Committee of the Revenue:
"That, upon Consideration of the Petition of Edward Goodwin, of Dover, wherein he prays to have
the Office of His Majesty's Water Bailiff of Dover,
in the County of Kent, and the Keeper of the Prison
of the Town and Port of Dover, bestowed upon him,
now become void by the Death of Richard Dancey;
and upon Sir Henry Heyman, Sir Michaell Lucy, Mr.
Weston, and Mr. Oxenden, their recommending the said
Goodwin to be a fit Man to be Water Bailiff and
Keeper of the Prison aforesaid, and able to give good
Security: It is Ordered, That (fn. *) he be recommended,
from this Committee, to the Houses of Parliament,
to be Water Bailiff of Dover, and Keeper of the
Prison of the Town and Port of Dover; and we do
desire the Earl of Sarum to report the same unto the
House of Peers accordingly."
Ordered, That this House approves of this Edward
Goodwin to be Water Bailiff of Dover, and the Keeper
of the Prison of the Town and Port of Dover.
Message from the H. C. about the Order for Trial of the Pix.
A Message was brought from the House of Commons,
by Sir Rob't Harley:
To desire Concurrence in some Alterations in the Order
sent down to them, concerning the Trial of the Pix.
Read, and Agreed to, with the Alterations.
(Here enter it.)
The Answer returned was:
That this House agrees to the Order with the Alterations concerning the Pix.
Committee to examine Peaker, about his Evidence concerning the Intention of carrying off the King:
The House took into Consideration the Examination
of Tobias Peaker, and the Papers read Yesterday, from
the Scotts Commissioners, concerning the said Peaker.
It is Ordered, That it is referred to these Lords
Committees following, to send for the said Peaker, and
examine him; and afterwards to report the same to this
L. Viscount Say & Seale.
Any Three, to meet on Monday next, in the Afternoon; and to adjourn from Time to Time afterwards as they shall think fit.
To be kept in Safety.
Ordered, That the Papers received Yesterday from
the Scotts Commissioners shall be communicated to the
House of Commons; and that he may be kept in
Colonel Massey's Soldiers Petition, for Arrears
Upon reading the Petition of some Soldiers formerly
under the Command of Colonel Massey, desiring some of
their Arrears may be paid them:
It is Ordered, To be recommended to the House of
L. Morley to have an Allowance out of his sequestered Estate.
Upon reading the Petition of the Lord Morley; desiring, "to have Allowance out of his Estate in Sequestration, for his Maintenance:"
It is Ordered, To be sent to the House of Commons, with this Sense, "That their Lordships think it
fit that the Lord Morley may have Ten Pounds per
Week allowed him out of his Estate; and desire their
Petition from the City.
Ordered, That this House will (fn. *) take into Consideration the Petition of the Lord Mayor, Aldermen,
and Common Council of the City of London, To-morrow
Ordinance concerning Portsmouth and Hurst Castle.
Next, was read the Ordinance for granting One Hundred and Sixty-six Pounds Weekly, out of the Excise of
Hamshire, for the Garrisons of Portsmouth and Hurst
Castle. (Here enter it.)
Message to the H. C. about the following Particulars.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
1. To deliver to them the Paper reported this Day
from the Committee for Foreign Affairs.
2. To deliver to them the Report from the Committee
for the Admiralty, "That Captain Crowther may be
continued Vice Admiral of the Irish Seas;" and to
desire their Concurrence therein.
3. To deliver to them the Petition of Colonel Massie's Soldiers, with Recommendations.
4. To put them in Mind of Captain Thompson's
5. To put them in Mind of the Petition of the Inhabitants near Bridgwater.
6. To put them in Mind of the Lady Burgh's Petition.
7. To (fn. *) put them in Mind of Mrs. Philpott's Petition.
8. To deliver to them the Petition of the Lord Morley, with this Sense, "That their Lordships think it fit
that the Lord Morley may have Ten Pounds a Week
allowed him out of his Estate; and desire their Concurrence therein."
Ordinance concerning Cheshire.
The Ordinance concerning Cheshire is re-committed to
the same Committee as formerly it was; the Committee
to meet To-morrow post meridiem, and adjourn from
Time to Time; and the Lord Viscount Say & Seale is
added to be of that Committee: The Quorum to be any
Sir E Sydenham's Petition.
Upon reading the Petition of Sir Edward Sydenham:
It is Ordered, That, upon Affidavit made, the Persons
complained against shall be sent for as Delinquents.
Ordered, That Richard Castle's Petition is referred
to the Committee at Haberdashers Hall, with Recommendations.
E. of Carbery's Ordinance.
The Ordinance concerning the Earl of Carbery, was
read, and Agreed to. (Here enter it.)
Walter & Uxor
Ordered, That the Cause between Wm. Walters and
his Wife shall be heard on Tuesday next, by Counsel on
both Sides, at which Time the Parties with their Witnesses shall attend.
Newman's Woods not to be destroyed.
Upon reading the Affidavit of John Newman; shewing, "That divers People do cut down his Woods, and
disturb his Possession." (Here enter it.)
It is Ordered, That the Woods shall not (fn. *) be spoiled,
and no Disturbance made, till the Business be tried at
Ordinance concerning the E. S Co.
Ordered, That the Earl of Northumb. Earl Midd.
Lord Maynard, Earl Sarum, shall be added to the
Committee for the India Ordinance: The said Committee to meet on Monday next, in the Afternoon.
Sir L. Watson and Sir J. Corbett.
Ordered, That the Committee concerning Sir Lewis
Watson's Business shall meet on Saturday next, in the
Preachers at the Fast.
Ordered, That Mr. Vynes and Mr. Martyn are
appointed to preach on the Fast-day, the 10th of March
next, before the Lords in Parliament, in the Abbey
Garter, &c. to take the Custody of the Records in Windsor Castle.
Ordered, That the Governor of Windsor Castle shall
permit Garter King of Arms and the Register of the
Garter, who are sworn Officers, to peruse the Records,
&c. that they may examine what are wanting; and
what are left to be delivered into their Custody and
Whereas the Petition of Marston is referred to Doctor
Heath, to examine the Truth of the Suggestions therein:
It is Ordered, by the Lords, That, till the Report be
brought in, Things shall be and remain in Statu quo;
provided that the Report be made by Monday next.
Cecil's Ordinance to be Keeper of Theobald's Park.
Upon reading the Ordinance for Mr. Cecill to have the
Keeping of the Lodge in Theobald's Parke: It is Ordered, To be committed to the Consideration of these
L. Viscount Say & Seale.
Any Two, to meet when they please.
Ordinance for a Day of Humiliation, on account of the Growth of Errors, Heresies, &c.
We, the Lords and Commons assembled in the Parliament of England, having entered into a solemn Covenant, to endeavour, sincerely, really, and constantly,
the Reformation of Religion, in Doctrine, Discipline,
and Worship, and the Extirpation of Popery, Superstition, Heresy, Schism, Prophaneness, and whatsoever shall be found contrary to sound Doctrine and
the Power of Godliness, and having found the Presence of God wonderfully assisting us in this Cause,
especially since our said Engagement, in Pursuance of
the said Covenant, have thought fit (lest we partake
in other Mens Sins, and thereby be in Danger to receive of their Plagues) to set forth this our deep
Sense of the great Dishonour of God, and perilous
Condition that this Kingdom is in, through the abominable Blasphemies and damnable Heresies vented
and spread abroad therein, tending to the Subversion
of the Faith, Contempt of the Ministry and Ordinance of Jesus Christ: And as we are resolved to
employ and improve the utmost of our Power, that
nothing be said or done against the Truth, but for
the Truth; so we desire that both ourselves and the
whole Kingdom may be deeply humbled before the
Lord, for that great Reproach and Contempt which
hath been cast upon His Name and Saving Truths,
and for that swift Destruction which we may justly
fear will fall upon the immortal Souls of such who
are, or may be, drawn away by giving Heed to
seducing Spirits: In the hearty and tender Compassion
whereof, we the said Lords and Commons do
Order and Ordain, That Wednesday, being the Tenth
Day of March next, be set apart for a Day of Public Humiliation, for the Growth and Spreading of
Errors, Heresies, and Blasphemies, to be observed in
all Places within the Kingdom of England and Dominion of Wales, and Town of Berwicke, and to seek
God for His Direction and Assistance for the Suppression and preventing the same; and all Ministers
are hereby enjoined to publish this present Ordinance upon the Lord's-day preceding the said Tenth
Day of March."
Order for the Trial of the Pix.
It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners
of the Great Seal for the Time being do join with
the Committee of Lords and Commons for His Majesty's Revenue, or any Five or more of them, to
take the Examination and Trial of the Monies in the
Pix, in His Majesty's Mint, in The Tower of the City
of London, on the Fifteenth of this Instant February, at Nine of the Clock in the Morning, at the
usual Place, near the Star-chamber, Westminster."
Order for 1661. Weekly, out of the Excise of Hampshire, for the Garrisons of Portsmouth and Hurst Castle.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Weekly Allowance of One
Hundred Sixty and Six Pounds be allowed, for the
Term of Three Months, to be accounted from the
passing of this Ordinance, for the maintaining of the
Garrisons of Portsmouth and Hurst Castle, out of the
Monies that shall be collected on the Excise within the
County of Hants; and the Commissioners of Excise
here in London are hereby required and authorized to
give Order and Warrant to their Sub-commissioners
in the said County, to make due Payment of the said
Weekly Sum of One Hundred Sixty and Six Pounds,
for the Term aforesaid, for the Maintenance of the
said Garrisons, unto Colonel Richard Norton; and
that the said Weekly Sums so paid as aforesaid be
allowed unto the Sub-commissioners in the Country
and Commissioners of Excise here, upon the passing
of their Accompts."
Ordinance to clear the E. of Carbery of his Delinquency.
"Whereas, on or about the Fourth of March, 1645,
it was Ordered, by the Lords and Commons assembled in Parliament, That, in regard of Major General
Langherne's Engagement, the Crimes of my Lord of
Carbury, relating to his Military Employment, should
be remitted: The said Lords and Commons, for the
further Security and Indemnity of the said Lord of
Carbery, do now hereby authorize and require His
Majesty's Solicitor General to prepare a Bill, containing a Pardon, in usual Form, unto Richard Earl of
Carbery, for all Treasons, Crimes, and Offences, committed by him the said Earl, sithence the 20th Day of
May, 1642, together with a Grant and Restitution,
to him, his Heirs and Assigns, of all his Lands, Goods,
Chattels, and other Estate, forfeited by reason of
the Offences aforesaid; which said Pardon, so prepared, the Commissioners for the Great Seal for the
Time being are hereby authorized to pass under the
Great Seal accordingly."
Affidavit of Damages done to Soale, the E. of Thanet's Tenant, by Woodcocks in Steyning.
"John Newman, of Steaninge, in the County of
Sussex, maketh Oath, That one James Soale, of Henfeild, being a Tenant to the Right Honourable the
Earl of Thanett of certain Lands of the said Earl's,
called The Batts, in Steaning aforesaid; he, this Deponent, about the Beginning of November last, did
see Thomas Woodcock the Elder, of Newtymber, in
the said County, Gentleman, and Edward Woodcock
his Son, drive the Cattle of the said James Sole off
and from the said Lands: And this Deponent further saith, That, on the 7th Day of this Instant January, he did see the said Edward Woodcock, and
Francis Woodcock another of the said Sons of the said
Thomas Woodcock, drive the Cattle of the said James
Sole out of and from the said Lands: And this Deponent further saith, That, on the 16th Day of this
Instant January, he, this Deponent, did see the said
Francis Woodcock and another (which other this Deponent was informed was one Henry Woodcock another
of the Sons of the said Thomas Woodcock) drive the
Cattle of the said James Sole out of and from the
said Lands; and also that they then did much wound
One of the said Cattle: And this Deponent further
saith, That the said Edward and Francis Woodcock
have both of them lately told this Deponent, that
they will cut down all the Wood upon the said
Lands: And further saith, That some of the said
Wood they have already cut down: And this Deponent further saith, That the said Edward and Francis
Woodcock, with other their Assistants, usually remain
and abide on or near the said Lands, with Swords,
Pistols, and other Weapons, and give out threatening
Speeches, so that the said James Sole, the Tenant of
the said Lands, maketh no Use thereof.
"Jur. 30 Die Januarii, 1646.