DIE Saturni, 20 die Februarii.
PRAYERS, by Mr. Sallawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
|
|
Comes Kent.
Comes Sarum.
Comes Warwicke.
Comes Mulgrave.
Comes Midd.
L. Viscount Say & Seale.
Comes Rutland.
L. Viscount Hereford.
Comes Northumb. |
Ds. North.
Ds. Howard.
Ds. Bruce.
Ds. Hunsdon.
Ds. Dacres.
Ds. Willoughby.
Ds. Grey. |
Order for Preservation of Game.
The Order for Preservation of Game, was read, and
Agreed to, and Ordered to be printed and published.
(Here enter it.)
Harvey sent for, for detaining a Gun of L. Say & Seale's.
The Lord Viscount Say & Seale acquainted this
House, "That one John Harvie, of Horton, near to
Colbrooke, hath affronted his Lordship, and detains a
Gun in his Custody which is his Lordship's, though
it hath been demanded of him."
It is Ordered, That he be sent for, to appear before this House, to answer the same, as a Delinquent;
and the Piece of the Lord Viscount Say, which he detains in his Custody, be likewise brought.
Message to the H. C. with the King's Letter.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To deliver to them the King's Letter.
E. of Downe's Estate to be preserved, and his Fine mitigated.
Upon reading the Petition of the Earl of Downe:
It is Ordered, To be recommended to the House of
Commons, that Care may be taken that the Earl of
Downe's Estate may not be ruined, it having suffered
much already by the Prerogative Power; and to acquaint them, that the Earl of Downe was drawn away,
being young, but came in when the King was strong;
and desire Concurrence, that it may be referred back
again to the Commissioners at Gouldsmithes Hall and the
Lords and Commons at Haber dashers Hall, that some
Mitigation of his Fine may be made, and likewise for
his Fifth and Twentieth Part.
Franklyn's Petition.
The Petition of Wm. Franklin, late One of the Fellows of King's Colledge in Cambridge, was read, but nothing done thereon.
Turnor to be examined by the Assembly.
Ordered, That Wm. Turnour Clerk is referred to
the Assembly of Divines, to be examined concerning
his Abilities for the Work of the Ministry, whereby
he may be presented to the Vicarage of Barkway, in
the County of Hertford.
Message from the H. C. with Letters from the E. of Ormond; and for the Committee for Irish Affairs to consider of them.
A Message was brought from the House of Commons, by Sir John Clatworthy, &c.
To acquaint their Lordships with Letters which they
have received out of Ireland, from the Earl of Ormond;
and that the House of Commons have referred it to the
Members of their House that are of the Committee at
Derby House concerning the Affairs of Ireland, to take
them speedily into Consideration, and do something
upon them; and they desire this House would give
the like Power to the Members of this House that are
of that Committee.
The Letters were read. (Here enter them.)
The Answer returned was:
Answer.
That this House agrees in referring these Letters to
the Consideration of the Committee of Lords and
Commons that sit at Derby House concerning the Irish
Affairs; and that they give some speedy Dispatch therein.
Message from the H. C. with Ordinances, &c.
A Message was brought from the House of Commons, by Sir Rob't Pye Knight;
To desire Concurrence in divers Particulars:
1. An Ordinance to pay Two Thousand Pounds,
upon Accompt, to Colonel Graves, out of Gouldsmithes
Hall. (Here enter it.)
Read, and Agreed to.
2. An Ordinance for the Manner of issuing out
Six Thousand Pounds for Nottingham, formerly granted, in August, 1646, out of Gouldsmithes Hall.
(Here enter it.)
Read, and Agreed to.
3. An Ordinance for Seventy-two Pounds to Edward
Hodson.
4. An Ordinance for paying the Guards of the City
Nine Thousand Pounds, formerly assigned them.
(Here enter it.)
Read, and Agreed to.
5. An Order for paying to Dame Mary Leigh One
Hundred Pounds, and Mrs. Mary Herle Three Hundred and Eighty Pounds, out of Gouldsmithes Hall.
(Here enter it.)
Read, and Agreed to.
The Answer returned was:
Answer.
That this House agrees to the Ordinance for Nine
Thousand Pounds for the Guards, to the Order for
the Two Thousand Pounds to Colonel Graves, to
the Order for Six Thousand Pounds for Nottingham,
to the Order for Dame Mary Leigh and Mrs. Mary
Herle: To the rest, they will send an Answer by Messengers of their own.
Report of Peaker's Examination, &c.
The Earl of Warwicke reported from the Committee, the Examination of Tobias Peaker, taken before the Lords Committees, which with the Questions
were read.
The Observations also of the Committee upon the
said Examinations were read. (Here enter them.)
Ordered, That this Report shall be taken into
Consideration on Monday Morning next.
Lane's Petition, referred to the Judges.
Upon reading the Petition of Lyonell Lane: It is
Ordered, To be referred to all the Judges, to consider
what it fit to be done for the Relief of the Petitioner,
and report the same to this House.
Capt. Wadsworth's Petition, about the Relics.
Upon reading the Petition of Captain James Wadsworth: It is respited till the Copes and other Things
be valued.
Courteen and the E. I. Co.
This Day John Darrell, George Gawton, and Tho.
Hill, were sworn at this Bar, as Witnesses, which are
to be examined by the Committee concerning Mr.
Curten's Business, against the East India Company.
Ordered, That such Witnesses of Mr. Curten's as
refuse to come voluntarily shall be enjoined by Order
of this House, when their Names shall be given to the
Clerk.
Ordinance concerning Cheshire.
The Earl of Lyncolne reported the Ordinance for
Cheshire, as fit to pass, with a Proviso.
It is Ordered, To be taken into Consideration on
Monday Morning next, the First Business.
Committee for Compositions at Goldsmiths Hall to examine Witnesses upon Oath.
It is this Day Ordered and Ordained, by the
Lords and Commons assembled in Parliament, That
the Commissioners appointed for Compositions for
Delinquents sitting at Gouldsmiths Hall shall have
Power to examine, upon Corporal Oath, such Witnesses as they shall call, or shall come before them,
concerning the Estates of the said Delinquents, and
the Values thereof, and other Things incident thereunto; and such Charges and other Particulars in
respect whereof the said Delinquents shall claim
Abatements or Deductions to be made out of their
Fines and Compositions.
Order for 100 l. to Lady Leigh, and 380 l. to Mrs. Herle.
Whereas the Lady Mary Liegh and Mrs. Mary
Herle were, by Two several Orders, of 18 January,
1646, appointed to receive Pay by the Committee
at Gouldsmiths Hall, the Lady Mary Liegh the Sum
of One Hundred Pounds, the said Mrs. Mary Herle
the Sum of Three Hundred Eighty Pounds, out
of the Fine of Doctor Duck, the which Fine is already assigned and paid: It is this Day Ordered, by
the Lords and Commons assembled in Parliament,
The Lady Mary Leigh and Mrs. Mary Herle respectively shall receive the said respective Sums of One
Hundred and Three Hundred and Eighty Pounds
out of Gouldsmiths Hall, according as by the said
former Orders is directed, out of the Fines of such
Delinquents not yet particularly assigned as they the
said Mary Liegh and Mrs. Mary Herle respectively
shall nominate to the said Committee."
Order for 6000 l. for Nottingham.
Ordered, by the Lords and Commons assembled
in Parliament, That the Six Thousand Pounds appointed by Order of 6 Aug. 1646, for the Service
of the County of Nott. issuable and payable by the
Committee at Gouldsmiths Hall, be paid and issued,
in Manner prescribed by the said Order, out of such
Fines and Compositions of the Delinquents of the
County of Nott. as the Members of the House of
Commons that are of the Committee of Nott. shall
nominate unto the said Committee at Gouldsmiths
Hall.
Order for 2000 l. to Col. Graves.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Sum of Two Thousand
Pounds be paid unto Colonel Richard Graves, upon
Accompt, by the Committee at Gouldsmiths Hall,
out of the Fines and Compositions of such Delinquents not yet particularly assigned, as the said Colonel Richard Graves shall nominate unto the Committee at Gouldsmiths Hall; and the Acquittance of
the said Colonel Graves, or his Assignee, shall be a
sufficient Warrant and Discharge unto the Committee
at Gouldsmiths Hall and the Treasurers there, for the
Payment of the said Sum of Two Thousand Pounds
accordingly.
Order for 9000 l. for the Guards of the City.
"Whereas Twelve Thousand Pounds was charged
upon Gouldsmiths Hall in Course, for the Pay of the
Guards of the City, whereof Three Thousand Pounds
only are paid, and the other Nine Thousand Pounds
cannot in Course be had in any Time convenient for
the Relief of their great Necessities: It is Ordered,
by the Lords and Commons assembled in Parliament, That if any Person or Persons shall advance
the Nine Thousand Pounds remaining of the said
Twelve Thousand Pounds, or any Part thereof, that
he or they shall have the Allowance of Eight per
Cent. for a Year, payable every Six Months, out
of Gouldsmiths Hall, for the Time the said Nine
Thousand Pounds, or any Part thereof, shall be unpaid; and the Acquittance or Acquittances of the
Person or Persons so advancing the said Nine Thousand Pounds, or any Part thereof, shall be a sufficient Warrant and Discharge to the Committee at
Gouldsmiths Hall and Treasurers there, for the Repayment of the said Nine Thousand Pounds, or any
Part thereof, together with the Interest from Time to
Time due for the same accordingly.
Tuesday, 16 Februarii, 1646.
Peaker's Examination, concerning his former One, charging Murray, and the E. of Leven, &c. with an Intention to assist in conveying the King from Newcastle, and that the Scots Armies would assist.
1. Whether do you avow all in your Examination
to be true?
1. Tobias Peaker doth avow all in his Examination
to be true.
2. What Proof have you for this which you have
averred in your Examination?
"The Two Watermens Names I know not; but they
dwell in Plumer Gate, a Widow Woman's Sons, as you
turn from the Key, Ten Doors within the Lane upon
the Right Hand, where there are Two Steps to go
down into a Room, being an Alehouse.
3. Who was with you when Mr. Levitt told you the
King sat up late the 25th of December?
"There was none with Mr. Levitt but myself.
4. Who was with you, or can witness your lying in
the Dutch Ship, the 24th of December, or saw you aboard
the Ship? Where did you give the Hundred Pounds
you carried with you to the Dutch Captain, and to
whom? Was the Hundred Pounds in Gold or Silver?
"That the Waterman that brought him Aboard, and
none else. He gave the Hundred Pounds to the
Dutch Captain, and put it into the Bed to him between
the Sheets, at the Sign of The Peacocke; and the Hundred Pounds was in Silver; and this Hundred Pounds
Mr. Leviston. paid to Mr. Levitt; and Mr. Levitt
told him, that he had laid this Hundred Pounds under
Mr. Murraye's Bed's Head, where he took it.
"5. How did you open Mr. Murraye's Letter? and
how did you seal it again, that it was not perceived
when you did re-deliver it again?
"Alderman Bonner opened the Letter against a Candle; and the Letter was sealed up again with Mr.
Murraye's Seal, which was sent to Mr. Crookshancke,
who was a Minister to a Regiment at Durham.
"6. How do you know that General Leven acquainted
Mr. Murray with the Letter, and told Mr. Murray
he had a Letter in Ambush for him?
"Mr. Murray told him, That General Leven did say,
that he had a Letter in Ambush for him; and that
himself and the Governor of Hartlepoole had been
examined about it.
"7. What Probability is there that you returned to
Mr. Murray after you knew the Letter was discovered?
He did not return to Mr. Murray, after Mr. Murray told him that he had been examined about it.
"8. When was it that Mr. Murray told you that
the Seven Regiments of the Scottish Army was sure to
the King, and that Lieutenant General Lesley gave
good Hopes?
"The Time he cannot say.
"9. What Money or other Goods of Mr. Murraye's
did you bring away with you?
"None but what he gave an Accompt of to the Mayor
of the Town, which was some Forty Shillings.
"10. Did you bring away a Watch of Mr. Murraye's
with you, and what did you do with it? or any of his
Linens?
"He brought no Watch of Mr. Murraye's away with
him, nor any Thing else; but the Watch he gave
him, a Quarter of a Year before, aboard the Dutch
Ship.
11. Did you satisfy Mr. Murray that you did deliver
the Hundred Pounds to the Dutch Captain?
He told Mr. Murray, that he had delivered the
Hundred Pounds.
"Tobias Peaker.
Examined and signed by the said
Tobias Peaker, in the Presence of
us, this 17th of February, 1646.
"Warwicke.
Mulgrave.
Hunsdon."
Observations upon it.
"That the Committee of Estates in the Kingdom
of Scotland, in their Letter to the Houses, say, They
had made as exact a Trial of the Business as they
could; and that they find the Persons mentioned in
Peaker's Examination to be innocent; and that he is
an infamous Person and a Thief.
"That not only Mr. Murray and Sir Robert Murray,
but the Dutch Captain and Mr. Levitt, deny all that
is informed by Peaker.
That General Lesley doth also contradict his Information.
That Peaker doth directly contradict himself; for,
in Answer to the Seventh Interrogatory propounded
to him by the Committee of this House, he faith,
That he did not return to Mr. Murray after Mr.
Murray had told him that he had been examined
by General Lesley about the Business;" and in his
former Examination he faith, "That after Mr.
Murray had charged him with divulging the Letter, and after he was acquainted that General Lesley had told Mr. Murray he had a Letter in Ambush
for him, that Mr. Murray dismissed him, and appointed him to return within an Hour; and that accordingly he did return to Mr. Murray, and received
further Directions from him."
There is a clear Contradiction in his former Examination, where he faith, "That the Regiment of
the Scottish Army which was at Tynmouth was sure
for the King; and yet that Mr. Murray sent him to
the Dutch Captain, to enquire whether he could go
out in the Night notwithstanding any Opposition
from Tynmouth Castle."
In Answer to the Eighth Interrogatory propounded
by the Committee of this House, he cannot shew about
what Time Mr. Murray told him that Seven Regiments of Foot of the Scottish Army were for the King,
and that there were good Hopes of Lieutenant General Lesley.
"In Answer to the Ninth Interrogatory, he confesseth that he brought away Forty Shillings of Mr.
Murraye's; and that he gave an Account of it to the
Mayor of the Town.
"In Answer to the Tenth Interrogatory, he confesseth
that he brought a Watch with him, which was Mr.
Murraye's; but faith, he gave it him a Quarter of a
Year before."
Ordinance for Preservation of Game.
Whereas Provision is made, by the Statutes of this
Realm, for the Preservation of Game in this Kingdom,
and that the Justices of the Peace and others are by
the said Statutes authorized and required to punish
the Offenders in that Kind, as by the said Statutes
doth appear; but, by reason of the great Liberty
that several idle and loose Persons at this Time
take unto themselves, by Guns, tracing of Hares
in the Snow, setting Dogs, and other unlawful
Means, to kill and destroy the Game of all Kinds
throughout the whole Kingdom, in Contempt of
Law and Authority, which, if not timely prevented,
will prove a Destruction to the said Game in all
Parts: It is Ordered, by the Lords in Parliament
assembled, That the Justices of the Peace in the
several Counties of the Kingdom, and specially about
the King's Honours, Castles, Parks, Chaces, and
Houses, are hereby charged and required, by virtue
of their Places, and the Tenor of the said Statutes,
to take special Care that they put the said Statutes
in due Execution against all such Offenders as shall
trespass in this Kind, according to the Nature of their
several Offences: And herein the said Justices of Peace
and others authorized are hereby required to take
special Care in the Execution of the Premises, as the
contrary will be answered to this House."
Letters from the E. of Ormond, that he will give up Dublin, &c. to whom the Parliament shall appoint, on his Propositions being accepted.
SIRS,
"Not knowing whether my Letter of the 28th of
the last Month had come to your Hands, or whether
you might not, according to a Report I heard here,
be gone for England; I have directed my Letters to
Sir Thomas Wharton and Mr. Sallwey, to let them
know what I meant (by the Persons for whom in my
Letter to you I desired a safe Conduct) to signify to
you; namely, my Readiness to leave the Sword and
Places under my Command when and to whom the
Parliament should appoint, according to what was for
and in their Name proposed and assented to by you
when you were here: And I now send this Letter to
London, in Hope it may be my good Fortune to have
you there, who can witness the Truth of what I have
written to Sir Thomas Wharton and Mr. Sallwey to
have passed betwixt us since their parting with you,
and who, I am hopeful, will advance the Reception
of my present Offer; which I had been ready to have
made before your Departure, the Men now in
Lecale might have been drawn hither, and possessed
of these Places; upon your Assurance given, in
Name of the Parliament, That the Conditions consented to by you should be made good, as upon like
Signification they still may be. I am the more confident that the Offer I now make will be accepted,
for that it is known I have continued longer in the
Field with my small Party against the Rebels there,
than any other in this Kingdom hath done this
Winter. So I rest.
"Your affectionate humble Servant,
His Majesty's Castle of Dublin, this 6th of Febr. 1646.
"Ormonde.
For Sir Robert Meredyth, Sir Robert King, and
Sir John Clotworthy, Knights, or to any of
them; in their Absence, to be opened by
Sir Thomas Wharton and Richard Sallwey
Esquire, or either of them."
SIRS,
If you please to call to Mind the last Conference
that was betwixt Four of you that were employed as
Commissioners hither from the Parliament of England
and me, you will remember that I promised with all
possible Speed to endeavour to satisfy myself in a Particular which then hindered my full Assent to what
you proposed; and that, in case I could satisfy myself
therein, I would immediately signify as much to those
of the Commissioners that were to stay in the North
of this Kingdom, and to you that were to go into
England. In Pursuance of this Promise, I did, about
the Beginning of December last, acquaint Sir John
Clotworthy, that I was confident he should very soon
hear from me to his full Content. And having since
satisfied myself in that Point whereon I stuck, I did, by
my Letter of the 28th of January, directed to him
and the rest (a Copy whereof is here inclosed), desire
a safe Conduct for One or Two Persons of Quality,
to go to them; my Intention being, by those Persons,
to give them Notice of my being ready to give the
Parliament that Satisfaction which I hope they will
receive by this Dispatch. But having yet no Answer
to that Letter, and hearing a Report that they were
to go into England much about the Time that my
Letter might come to their Hands, I have hastened
away this Bearer Lieutenant Lee with this Letter, to
let you know, that I am ready to leave the Sword and
all the Places under my Command, when and to whom
the Parliament shall appoint, according to what was
for and in their Name proposed and consented to by
you: And I shall desire that, for the Safety of these
Places, I may receive their Pleasure as soon as shall
be thought convenient; and in the mean Time I
shall strive (as hitherto I have done) to preserve from
the Rebels what remains in my Rower, for the Interest of the English Crown and Nation. And so I
rest
"Your affectionate humble Servant,
From His Majesty's Castle of Dublin, this 6th of (fn. *)
February, 1646.
Ormonde.
"SIRS,
"My other Letter, dated with this, I have drawn in
the best Manner I could, to procure a good Acceptation, in case it be necessary to have this Affair brought
to further Public Debate. But I conceive it also
needful, in Prevention of Inconveniencies, not only
to me and those here, of whom I am obliged to take
Care, but to the Main of the Business in Hand (if
there should happen any Mistake through the Shortness of my Expressions, occasioned by my Desire to
avoid all such whereat Offence might be taken), in
this other Letter fully and clearly to let you see what
my Desires are:
The First and principal (as that which tends, as I
conceive, to mutual Advantage) is, that I may with
all possible Speed receive Assurance, that the Offer
I now make, of leaving the Sword and all Places
under my Command, when and to whom the Parliament shall appoint, is accepted of in Manner as the
same is offered: And though it may be deemed unfit
for me to prescribe a Time, yet the dangerous Condition we stand in here forces me to desire it may
be at furthest by the 10th of March; for, if it
should be longer delayed, the great Preparation of
Forces the Rebels are now again making, as is said,
to come against this Place, may become so considerable, as to compel me, for the Preservation of
the Lives, Liberties, and remaining Fortunes of those
His Majesty's Subjects with and by whom I am
trusted, to take some such Resolution as may make
it more difficult for me, if not impossible, to do what
may be expected from me.
The next is, That the Parliament will be pleased
to allow and express a sitting Time for me and those
that shall resolve to go with me, or any other Way
by themselves, to prepare for our Transportation;
and that, during our Stay, we may be protected from
all Injury or Violence from any under their Command.
"The Third is, That, by the same Hand I receive
the Signification of the Parliament's Pleasure for the
giving up as aforesaid, I may also receive the Bills of
Exchange for the Sum mentioned in the Sixth Article of my additional Instructions given to the Lord
Chief Justice Lowther, Sir Francis Willoughby, and
Sir Paule Davyes, when they were sent to attend the
Parliament; unless they shall please to command that Two or Three Thousand Pounds thereof may be
sent me in Money, to answer my own Occasions and
those of other Mens, in and till our Transportation,
which I shall take as a high Favour; and the Bills of
Exchange for the remaining Sums to be payable by
Halves as the Whole was. And so, recommending
these Particulars and the entire Business to your
especial good Care and Favour for a speedy and
effectual Dispatch, whether it shall require a Public
Transaction or otherwise, in regard a Delay therein
may prove fatal to this Place and the Protestant Inhabitants here, which I know you are very sensible
of, I rest
"Your affectionate humble Servant,
His Majesty's Castle of Dublin, this 6th of Febr. 1646.
Ormonde.
Letter from him to the Parliament Commissioners in Ireland, desiring a Pass for his Commissioners to treat with them.
"After our very hearty Commendations: We, being
desirous to impart some Business of much Consequence
and Advantage to the present Affairs unto you, do
intend to employ One or Two Persons of Quality and
Trust to communicate the same unto you; and therefore pray you to send us a safe Conduct, with a
Blank, to be filled with the Name or Names of such
Person or Persons whom we shall think fit so to
employ, that they and their Retinue, not exceeding
Twenty, may quietly pass and return, without any
Lett or Molestation; and withal that you will be
pleased to signify unto (fn. *) us the Place and Time
where and when you may be met with. And so we
bid you very heartily Farewell. From His Majesty's
Castle of Dublin, this 28th of January, 1646.
Your very loving Friend,
Ormonde.
To our very loving Friends, Sir Robert Merdith,
Sir Robert King, and Sir John Clotworthy,
Knights, and to any or either of them; to
be imparted to the rest."