DIE Saturni, 6 die Martii.
PRAYERS, by Mr. Salwey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. De La Warr.
The Ordinance between Ann Hawes Widow and Nic.
Hawes, was read, and Agreed to. (Here enter it.)
Upon reading the Petition of Ralph Cole Merchant:
Ordered, To be respited till the Ordinance for
his Composition come up from the House of Commons.
Letter to the King of Denmark.
The Earl of Warwicke reported from the Committee
for Foreign Affairs, the Draught of a Letter to be sent
from both Houses to the King of Denmarke; which was
read, and approved of; and Ordered to be sent to
the House of Commons for their Concurrence; and
that the Speakers of both Houses may sign it.
Order to explain the Ordinance for clearing Capt. Morgan of his Delinquency, and to indemnify him for his Losses.
Whereas it was ordered, That the Sequestration
of Captain Morgan should be taken off, as appeareth
by the Order of both Houses; and whereas this
House is informed that the said Order is not observed,
in respect that there is Doubt who is meant by the
said Captain Morgan: It is therefore now Declared,
by the Lords in Parliament assembled, That Captain
Anthony Morgan, of Rynyzwen, in the County of Carmarthen, is the Person intended by the said Order:
And the said Lords do, in Pursuance thereof, order,
That the said Captain Anthony Morgan shall not be
damnified by the Sequestration laid upon his Estate
by the Committee of the County of Pembrooke; and
that the said Committee do speedily (all Pretences
set apart) establish him in the peaceable Possession
of the Estate whereof he was possessed before the
said Sequestration, and make Restitution unto him of
the full Value of his Damages by reason of the said
E. of Down's Petition, for an Abatement of his Fine on his Composition.
The House took into Consideration the Earl of
Downe's Petition; desiring "That some Abatement may
be made of his Fine at Gouldsmithes Hall, and his
Fine at Habberdashers Hall, for his Fifth and Twentieth Part."
It is Ordered, That it is respited till a Certificate
of the Grounds of his Fine at Gouldsmithes Hall be
brought in, which is to be done speedily.
Warders of The Tower Petition, for Arrears.
The Petition of the Wardens of The Tower; shewing, "That there is due unto them, for their Watching
and Wardering, Two Thousand Eight Hundred Eighty Pounds; desiring some Part of the said Arrears
may be paid them."
It is Ordered, That this Petition be sent to the
House of Commons, with Recommendations.
Brown to be Steward of Higham Ferrers.
The Lord Wharton reported from the Committee for
the Revenue, "That the Stewardship of Higham Ferries, in the County of North'ton, is void; and that
the said Committee have thought of Mr. Samuell
Browne to be Steward thereof."
It is Ordered, That this House approves of Mr.
Sam. Browne to be Steward as aforesaid; and that the
Concurrence of the House of Commons be desired
Ordinance for a Seal for S. Wales.
An Ordinance was brought in, for making of a new
Seal for South Wales.
And it being read Twice, it was committed to these
Lords following, who are to report the same to this
Ds. De la Warr.
Any Three; to meet on Monday Morning next, at
Nine of the Clock.
Dep. Lieutenants for Lancashire.
Ordered, That this House nominates and approves
of Mr. Phillip Wenman, to be One of the Deputy Lieutenants for the County of Lancashire; and the Concurrence of the House of Commons to be desired
Ward's Ordinance, to be Minister of Upton.
An Ordinance was brought in, to make Mr. Richard
Warde Minister of Upton, in the County of Worcester,
and read; and Ordered, That it be respited till Monday Morning, against which Time a Certificate be brought
in, in whose Gift the Living is.
Treasurers of the Army to give an Account of Arrears due to Officers, &c.
Ordered, That the Treasurers, or such as have
acted as Treasurers, of the Army under the Command of
Sir Thomas Fairefax, shall give an Account to this House,
what Arrears are due to the Officers and Soldiers of
that Army to this Time; and this to be done with all
Rudges sent for, about E. Rivers's Goods.
Ordered, That Wm. Rudges, a Broker, that bought
the Goods of the Earl of Rivers, shall appear to this
House on Monday Morning, to shew Cause why he should
not give Obedience to the Order of this House, of the
8th of Feb. last; and the other Parties to have Notice,
to be heard also if they desire it.
Sir T. Fairfax's Army not to quarter in the Eastern associated Counties:
The House was informed, "That the Army under
Sir Tho. Fairefax is come into the associated Counties,
to be quartered there."
And the Question being put, "Whether to meddle
with this Business concerning the Quartering
of the Army?"
And it was Resolved in the Affirmative.
Then the House was adjourned into a Committee of
the whole (fn. *) House, to take into Consideration whether
to send to Sir Thomas Fairefax, that the Army be not
quartered in the associated Counties.
The House was resumed.
And the Question being put, "Whether an Order
of this House shall be sent to Sir Thomas Fairefax, that he shall not quarter any of his Army
in the Eastern associated Counties?"
It was Resolved in the Affirmative.
Whereas this House is informed, That the Army
under the Command of Sir Thomas Fairefax is now
either already, or to be, quartered in the Eastern associated Counties: It is Ordered, by the Lords assembled in Parliament, That no Part of the said Army
be quartered within the said Eastern Association; and
if any of the said Army, either Horse or Foot, be
already quartered within the said Eastern Association,
that they be forthwith removed."
Resolved, upon the Question, This (fn. *) Order, with
this Preface, shall be sent to Sir Thomas Fairefax, inclosed in a Letter from the Speaker of this House.
The Letter of the Earl of Manchester to Sir Thomas Fairefax.
Letter to him, about it.
I am commanded, by the Lords in Parliament, to
send this inclosed Vote, which they have made upon
weighty Reasons, tending to the Good and Safety
of the Parliament and Kingdom; unto which they
expect your present Conformity. This is all I have
in Command, from
Your humble Servant,
E. Manchester, Speaker of the
House of Peers pro Tempore."
Message to the H. C. with the Letter to the King of Denmark; and about the following Particulars.
A Message was sent to the House of Commons, by
Dr. Aylett and Dr. Heath:
1. To deliver the Letter to them, which is to be sent
to the King of Denmarke; and if it be Agreed, then to
be signed by both Speakers.
2. To deliver to them the Petition of the Poor
Widows, and the Petition of the Reduced Officers,
3. To put them in Mind of Mr. Sam. Bolton to be
added to the Assembly.
4. To desire their Concurrence in the Nomination of
Phillip Wenman Esquire to be a Deputy Lieutenant for
the County of Lancaster.
5. To deliver to them the Petition of the Warders of
The Tower of London.
6. To put them in Mind of the Ordinance concerning
Ordinance to regulate Oxford University.
Ordered, That the Ordinance for regulating the
University of Oxford shall be taken into Consideration
on Tuesday next, by the House.
Upon hearing this Day of the Counsel of Anne
Hawes and of the Governors of Christ's Hospitall Plaintiffs, and of Nicholas Hawes Defendant, according to
the Direction of an Order of the 28th of October last;
it appeared to their Lordships, "That, in Pursuance of
an Order of the 12th of December, 1645, a Trial
hath been had at the Bar, in the Court of Common
Pleas, as by that Order was directed; and that, upon
a deliberate Hearing there, a Verdict passed for the
Will in Question."
Whereupon it was prayed on the Plaintiffs Part,
That the Possession taken away by the Court of
Wards might now be restored to the Plaintiff Anne;
and that she might have the Mean Profits of the
Land in Question ever since the same were taken
away; and that the Lease for Years made unto Atkins and Rye, and by the Order of the Court of
Wards assigned to Harvys and Markham, by the
Appointment of the said Nicholas Hawes, might be
assigned to such Persons as the Plaintiffs should appoint, the same being made in Trust to wait upon the
But the Defendant's Counsel alledged some Exceptions against the Jury who found the said last Verdict,
against the Witnesses then produced on the Plaintiffs
Part; and further alledged, "That they had heretofore a former Verdict for the now Defendant against
the said Will; and that they now had some more
Witnesses than were had at the last Verdict;" and
they insisted much upon the Words of the said Order of
the 12th of December, 1645, whereby this last Trial
was directed, "That this Honourable Court did then
declare their Opinion, That, after the Court should
be satisfied, upon One or more Trials at Law touching the said Will, whether the same were the Will
of Thomas Hawes, yea or not, then they would give
Order touching the said Lease;" with which Lease
the Possession must go, it being made in the Life of the
said Thomas Hawes: And therefore it was humbly
prayed, by the Defendant's Counsel, "That there
might be One Trial more at Law, touching the Validity of the said pretended Will; and that in the
mean Time the Possession of the Lands in Question
might not be settled with the Plaintiffs, nor any Order made in this most Honourable Court touching
the Assignment of the said Lease; it being yet
questionable, whether Will or Not Will; and the
rather also, because the Lands, or some Part of them,
are holden in Capite, or by Knights Service; in
which respect, if this Court should be satisfied that
the Will was a good Will, yet it was void for a Third
Part, which would descend to the Defendant." And
besides, the Defendant's Counsel alledged, "That, after
the Decree in the Court of Wards, and Livery sued
there, and before any Suit in Chancery or in this
Court, the Defendant, conceiving himself to be in
Peace by the Decree in the Court of Wards, had sold
the Premises, or Part thereof, unto the said Harvy;
and he being dead, the same is come to Mr. Grimston; and neither the said Markham nor the said Mr.
Grimston were made any Parties to this Suit."
This Court, upon serious Consideration of all that
was alledged on either Side, found no Cause at all to
lay any Blemish upon the said last Verdict; but yet, in
respect there have been formerly Verdict against Verdict touching the Validity of the said Will, and for
that this Court, by the said Order of the 12th of
December, 1645, had declared, as is aforesaid, "That
they would have a clear Satisfaction touching the said
Will, by One or more Trials, before they made any
Order touching the Assignment of the said Lease;"
and for that the said Markham and Mr. Grimston are
not yet made Parties to the Suit in this Court, whereby
this Court might hear what they could say touching
the said Will, and the restoring of the said Possession,
and of the said Mean Profits, and touching the Assignment which was to be made of the said Lease, as
is desired by the now Plaintiffs Petition: This Court did
therefore order, That a new Trial should be had at the
Common Law, in such Manner as was directed by the
said Order of the 12th December, 1645; and that the
Plaintiffs, if they be so advised by their Counsel,
might make the said Markham and the said Mr. Grimston Parties to this Suit, whereby a full Defence may be
made by all Parties interessed; and that, after the said
Trial, this Court will give such final Hearing and Order in this Case, as well touching the Possession, Mean
Profits, and Assignment of the said Lease, as shall be
agreeable to Justice: But, in respect the last Verdict did
pass with the now Plaintiffs, this Court doth conceive
it to be agreeable to Justice, that the said Nicholas
Hawes should forthwith put in Security, such as this
Court shall allow of, for answering of such Mean
Profits touching the Premises as this Court shall at
any Time hereafter order to be paid therein.
Ordinance concerning the Coinage of Silver at Aberistwith, in Cardigan, by Goodere.
Upon reading of the Petition of Edmund Goodere
Esquire, Farmer of the Mines Royal in the County of
Cardigan, and of the Miners, &c. this Day in the
House; shewing, "That His Majesty did, by Letters
Patents, Anno 13° Carol. Regis, authorize a Mint to
be erected, in the Castle of Aberistwith, in the said
County, for the Coinage of such Silver only as
should be raised out of the said Mines Royal in the
Principality of Wales; which said Castle and the
Houses erected for the said Mint are so destroyed by
the late War, that it cannot be continued there without Danger."
It is Ordered, by the Lords in Parliament, (fn. *) It
shall hereafter be continued at a Place called The
Smelting Mills, near the Refining-house, until the said
Castle shall be fitted again, and the Pleasure of the
House farther signified herein: And it is farther Ordered, That the Officers of The Tower of London shall
regulate and furnish the said Mint with Stamps and
Workmen, according as by the said Patent they are
warranted to do, as formerly they have done: And
hereof all that are concerned are to take Notice, and
yield their Obedience to this Order, as they will answer the contrary to this House.