Thursday, April 14,1659.
Colonel Terrill reported from the Grand Committee of the
House for Grievances, the state of the case of Margaret,
Countess of Worcester.
Resolved, that Margaret Countess of Worcester, shall
have the actual possession of Worcester House, in the Strand,
delivered up to her on March 25 next; and in the mean time,
the rent of 300l. be paid to her for the said House, for this
year, out of the receipt of the Exchequer.
That the sum of 400l. be paid to the Countess or her assigns, in recompense of all demands for detaining of Worcester House from her, since her title thereunto by the late
Act of Parliament.
That it be referred to Mr. Attorney-general, Serjeant
Maynard, Mr. Marvell, Mr. Dixwell, Mr. Scot, Mr. Annesley, Lord Marquis of Argyle, &c. to consider how to remove,
and where to place, the conveyances, records, and other writings, now remaining at Worcester House, so as they may be
disposed of, for their safety, and the service of the Commonwealth. (fn. 1)
I came late, and found the House in debate about Mr.
Grove's going to the other House with the Declaration for
the fast. (fn. 2)
Mr. Grove desired directions, whether he might stay for an
Mr. Bodurda. It is not rational that he should come
away without an answer. I only know in two cases, where a
messenger does not stay for an answer.
1. When a herald goes to proclaim war.
2. When an apparitor comes to serve a citation. He claps
it upon the door, and runs away for fear of a beating.
Mr. Salway. I perceive they are not sitting in the other
House. Most of them are at Wallingford House.
It seems so they were, and not above four in the House;
but they were gathering up their number, while we were debating.
The question was put, that Mr. Grove, when he hath delivered his message to the persons sitting in the other House,
shall return to this House, without staying for any answer.
The question was misput. It ought not to have been put
with a negative in it.
Mr. Speaker declared for the Noes.
Mr.— (fn. 3) for the Yeas; and that the Yeas go out.
Sir Arthur Haslerigge and others moved that the Noes go
out, because it was not new; but the Yeas went out.
Yeas 100. Lord Falkland and Sir Arthur Haslerigge,
Noes 144. Mr. Annesley and Sir Coplestone Bampfield,
So it passed in the negative.
Sir Arthur Haslerigge said, he had the worst luck in
telling of any man; and so it proved.
Mr. Grove, attended by above fifty members, (Quorum myself,) carried the Declaration to the other House, accordingly,
After a little stay at the door, for the Lords were reading
a Bill, Mr. Grove was called in. He and all the members
stood bare, by the walls, while the Lord Keeper Fiennes, and
most of the Lords came down bare to the bar. We made
one leg, (fn. 4) and then went up to the high step; and before Mr.
Grove ascended, we made another leg. He delivered his
message, in hæc verba, without giving them any title, for so
was the sense of the House:—
"The Knights, Citizens, and Burgesses, assembled in the
House of Commons, have commanded me to present this
Declaration for a public fast to you, wherein they desire the
concurrence of this House."
The Lords were bare all the time, and we withdrew, with
After a little stay we were again called in, and ascended
the step with the same ceremony; all the Lords bare, sitting
in their places, except Lord Fiennes, who was covered; but
stood up bare, and returned their answer.
"The Lords," and then made a pause, as if it had been
mistaken—" This House will return an answer to you by
messengers of their own."
Whereupon we withdrew with the same ceremony.
It seems, after we were all gone out, one of the Lords
called to Mr. Grove, and told him they desired our excuse
for making us stay so long; for they had read half the Declaration before they knew that we stayed. Else they would
have dispatched us sooner.
Mr. Grove reported this, in effect, to the House at our
return; only he left out that passage that they said "The
Lords," while we were delivering the message.
Mr. Lechmere, Attorney of the Duchy, reported from the
Committee appointed to prepare and bring in for drawing
up a Declaration upon the debate, concerning the Excise, (fn. 5)
a Declaration prepared by the said Committee. The which
was read, and was in these words.
Whereas it appears to this House, that divers Farmers of
Excise are in great arrear of their farm rents; which is occasioned, as they pretend, by the refusal of sundry persons of
late times, to pay their Excise. And whereas, this House is
very sensible of the great wants and necessities of the army
and navy; and no less sensible of the grievances the people
are under, in the paying and levying the said Excise, which
they have under consideration for a timely redress: this
House doth therefore declare and require, that all the people
of this Commonwealth herein concerned, shall make present
satisfaction of all arrears, and due payment of the growing
Excise during the sitting of this present Parliament; unless
the House shall in the mean while take other order herein.
Resolved, that the words "manner of," after the words
"in the," and before the words "paying and levying,"
We found the House divided upon the words "paying
and," before the word "levying" in the Declaration, which
was carried by 82 against 79. (fn. 6)
There was a very thin House. That was their advantage.
They were going to put the question upon the whole
Declaration to pass so amended.
Mr. Solicitor-general took exception to several parts of
it; and affirmed that it was implicitly laying aside the duty,
and an assuming the sole power to ourselves, of altering that
law whereby it was established, and that that law was good
and firm, which he would make out against all objectors.
By this, it appeared that it would abide some debate; so
it was adjourned until to-morrow morning.
The House rose at almost one.
Mr. Serjeant Wylde moved to have a Petition read which
he had in his hand. It was on behalf of a worthy member.
He was bid to name him. It proved to be himself, and he
was desired to offer the Petition; but he left that to the
There was another petition against Major-general Boteler, (fn. 7) for his misdemeanour in Northamptonshire, and taking
away a gentleman's possession, and imprisoning him, &c. It
was moved that the House might be moved to refer this
Petition to the Committee appointed to draw up the impeachment against others. Moved that you would appoint a day
of hearing, and let Major-general Boteler have notice.
The Committee of Grievances sat.
Colonel Terrill was in the chair, and heard counsel.
The Committee for Maimed Soldiers (fn. 8) sat in the Inner
Court of Wards.
T. B. was in the chair.
Ordered, that the Commissioners of Ely House attend this
Committee on Monday next, to give an account of the pensioners, and pensions, and salaries, and Acts and Ordinance,
whereupon they act.
The Committee of Privileges sat in the Star Chamber,
about the election of knights for Cheshire, between Brooks
The counsel were Finch and others for Brooks, the Recorder Green (fn. 9) for Bradshaw.
Mr. Hewley was in the chair.
The stress of the debate was, that the sheriff, after the poll
had begun and continued at Chester, and was almost at an
end, and Brooks had the major part of the votes, did adjourn
the poll for five days to Congleton.
Mr. Solicitor-general and Mr. Shaftoe offered that he
might by law adjourn the poll.
Others said he might not, for, if so, it would be in the
power of any sheriff to make what knights he pleased; for,
by the same rule, he might have adjourned to Nantwich, and
so from place to place, till he had gathered up a majority of
votes for which person he had most mind to.
Out of the debate, upon the whole, the opinion was that
the whole election was void, in respect of the adjournment of
the poll, whereunto Mr. Lee was present.
The question being put that the election was good of Bradshaw and Lee, it was carried by seventeen yeas against ten
Sir Henry Vane went away while they were polling, and
would give no vote. He did hesitate, and refused to give his
vote because he was not called.
Query, if he ought not to give his vote notwithstanding.
I believe it will abide debate in the House.
The Committee sat till past ten, and arose in confusion.