DIE Martis, 11 die Maii.
PRAYERS, by Mr. Lightfoote.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. De Lawarr.
E. of Northampton to be admitted to his Composition.
A Petition of the Earl of Northampton was read;
concerning some Evidences of his Estate, as are in
in the Hands of one Doughty; and that he may be
admitted to his Composition for Delinquency for Two
Years Purchase, as others have done that have compounded according to the Articles of the Garrison
of (fn. *) " (Here enter it.)
It is Ordered, To be communicated to the House
of Commons, with this Sense, "That, upon the Grounds
in the Petition, this House thinks it fit that the Earl
of North'ton be admitted to his Composition, after the
Proportion of Two Years Purchase, including his
Fifth and Twentieth Part."
Morris, Smith, and Darby, to be attached, for counterfeiting an Act of Parliament.
Upon Information to this House, by the Clerk of the
Parliaments, "That, at the last Assizes at Chelmsford,
in Essex, there was produced a Copy of a forged Act
of Parliament, pretended to be subscribed by the
Hand of the Clerk of the Parliament, but was counterfeited; which was justified upon Oath by Leonard
Darby and John Harris to be examined by the Original Act in the Office of the Clerk of the Parliament, and that the Clerk of the Parliament did acknowledge it to be his Hand: All which the Clerk
of the Parliament alledged was false and counterfeit."
And the House conceiving this Business to be of great
Importance, both in regard of the Commonwealth, and
also to the Clerk of the Parliament:
Ordered, That the further Examination of this
Business is referred to these Lords following, to call
all Parties before them; and, after Examination, to report the same to this House.
Gent. Usher to search for the Copy of it.
It is further Ordered, That John Morris and Mary
his Wife, Thomas Smith and Isabell his Wife, Leonard
Darby and John Harris, principal Actors in this Forgery,
shall be forthwith attached, by the Gentleman Usher
attending this House, and brought before this House, to
answer the same; and that the Gentleman Usher, or his
Deputy, calling to them such Constables and other
Officers as they shall think fit, shall have Power to search
in all Places where they shall be informed the Copy of
the forged and pretended Act of Parliament is, and to
seize upon the same, and deliver it into this House; and
to break open such Doors and other Places where they
shall find Ground to search:
Any Two, to meet when they please; and to adjourn from Time to Time, as they shall see
Ald. Fowkes and the E. I. Co.
The Judgement given by this House, in the Case
between Alderman Foulkes and the East India Company,
was read, and approved of. (Here enter it.)
Captives at Algiers Ordinance.
The Ordinance concerning Captives at Argier, was
read, and Agreed to. (Here enter it.)
Arms and Horses, taken from Soldiers in Oxfordshire, to be preserved for the Service of Ireland.
Upon reading the Report from the Committee of
Lords and Commons for the Affairs of Ireland at Derby
House; desiring, "That some Course may be taken, to
preserve, for the Use of the State, and Service of
Ireland, those Horses and Arms that have been lately
taken from some Soldiers in Oxfordshire, belonging
to Colonel Medhope:"
It is Ordered, To be sent to the House of Commons, for their Concurrence therein.
E. of North'ton and Sir A. Gorge.
Ordered, That the Business concerning Sir Arthur
Gorge and the Earl of North'ton shall be heard To-morrow Sevennight, at this Bar.
Langham &al. and Lymbrey &al.
It was moved, "That this Question might be put,
Whether their Lordships will appoint this Day Sevennight, to debate the Cause between Alderman Langham, &c. and Captain Lymbery themselves, before they
hear further from the Judges?"
And the Question being put, "Whether this
Question shall now be put?"
It was Resolved in the Negative.
Ordered, That this Question shall be taken up
again on Friday Morning next.
Richards to be attached for sueing Foot, &c. who released Col. Manwaring.
Upon reading the Petition of Thomas Foote and John
Kendricke Aldermen of London:
It is Ordered, That John Richards shall be attached,
by the Gentleman Usher attending this House, and
brought before the Lords in Parliament To-morrow, for
commencing a Suit against the said Aldermen, for releasing of Colonel Manwaringe, according to an Order
of this House.
Col. Manwaring brought up.
This Day Colonel Randall Manwaringe was brought
to this Bar, by a Habeas Corpus cum Causa, which was
A Petition of Benjamin Hide, Creditor to Colonel
Randall Manwaringe, was read. (Here enter it.)
Hide, who arrested him, to be heard.
Colonel Manwaringe informed this House, "That
Benjamin Hide knew of the Protection of this House,
and yet arrested him; and that there was contemptuous Words spoken by him and others to this
And the Counsel of Benjamin Hide was heard as
concerning to the Debt, but not concerning Things
touching the Privileges of this House; alledging, "That
Colonel Manwaringe is a Person that stands outlawed;
therefore it is conceived he ought not to be protected,
in that regard."
It is Ordered, That (fn. *)
Benjamin Hide shall be heard,
by his Counsel, on Thursday next, concerning the Delivery of Colonel Manwaring out upon Execution, and
concerning the Outlawry; and that then Colonel Manwaring shall be heard by his Counsel: In the mean
Time to be remanded, and then brought.
Message from the H. C. with an Order.
A Message was brought from the House of Commons,
by Bolstrode Whitlocke Esquire; who brought up an
Order for giving to Mr. Selden Two Thousand Five
Hundred Pounds, in regard of his great Losses and Sufferings. (Here enter it.)
Read, and Agreed to.
Message to the H. C for an Answer about the E. of Mulgrave's Petition.
A Message was sent to the House of Commons, by Sir
Edward Leech and Mr. Page:
To let them know, that formerly this House sent
down a Petition to them, concerning the Earl of Mulgrave, of which their Lordships have not yet received
any Answer: Therefore to desire they would take the
same into Consideration, and give some Answer.
Turner to be Instituted to Wing;
It is Ordered, &c. That Doctor Aylett, or his lawful Deputy, give Institution and Induction to Henry
Turner Clerk, Master of Arts, to the Rectory of Wing,
in the County of Rutland, void by the Death of the
late Incumbent, salvo Jure cujuscunque; taking the National League and Covenant, and producing his Presentation under the Great Seal.
Price to Llan Llwshaiarne;
It is this Day Ordered, &c. That Doctor Heath, or
his lawful Deputy, give Institution and Induction to
Rice Price Batchelor in Arts, to the Vicarage of Llan
Llwshaiarne, in the County of Mountgom'y, void by
the Death of the late Incumbent, salvo Jure cujnscunque; and taking the National League and Covenant;
and producing his Presentation under the Great Seal.
and Clark to Frittenden.
Ordered, &c. That Doctor Aylett, &c. give Institution and Induction to Robert Clarke Master of Arts, to
the Rectory of Frittenden, in the County of Kent, void
by the Death of the late Incumbent, salvo Jure cujuscunque; he taking the National League and Covenant,
and producing his Presentation under the Hand and Seal
of Thomas Shelly Esquire, the lawful Patron.
E. of Northampton's Petition, to be admitted to his Composition, on account of his great Losses, &c.
"To the Right Honourable the Lords and Commons assembled in Parliament.
"The humble Petition of James Earl of Northampton;
"That your Petitioner, being but young, and depending wholly upon his Father for Maintenance,
followed him, by his Commands, into the late unhappy War; but, in August 1645 (at which Time
his Commands were no Ways inconsiderable), he laid
down Arms, resolving to submit himself unto the
Parliament; and in November following, he earnestly
desired a worthy Member thereof to procure him
Leave to come in; (which he albeit he could not obtain so soon as he desired,) yet he desisted not until he
had got a Pass from the Committee of both Kingdoms;
and in April following came in accordingly, and
shortly after applied himself to the Committee at
Gouldsmiths Hall to compound, where he gave in as
perfect a Particular as he could without his Evidences,
which were then, and still are, with-held from him,
by one Doughty, his late Father's Solicitor, being
(as your Petitioner believes) abetted therein.
"That your Petitioner, much desiring to prosecute
his Composition with Effect, hath earnestly dealt with
the said Doughty, to deliver him his Evidences; and,
failing that Way, petitioned the House of Peers for
Relief therein, who recommended him to the Chancery for his Remedy, where he hath exhibited his
Bill, taken forth and served the Process of that Court;
but yet cannot bring the said Doughty to his Answer,
nor get Sight of his said Evidences, whereby (to his
great Damage) he hath been disabled to perfect his
"That, in his Houses, Lands, Woods, and other
Estate, he hath been damnified by the War to the
Value of Fifty Thousand Pounds: And although he
submitted to the Parliament a full Year since, and
hath used all possible Endeavours to speed his Composition; yet, his whole Estate being sequestered before to the Use of the State, hath so continued ever
since, without any Benefit thereout allowed to your
Petitioner; the great Debt contracted by his Father
before these Troubles (for which much Land is
mortgagéd) daily grows greater, a great Part of his
Estate is out in Jointure, Five Younger Brothers and
Sisters wholly left to his Provision, and himself at
present exposed to more Necessities than here presented.
"Your Petitioner therefore humbly prays, your
Honours will be pleased to impute his Actions to such
his Youth, his Father's Commands, and his Necessity
even of Livelihood to obey them; and to reflect upon
his so great Losses and Sufferings for which the State
hath had the greatest Benefit, the Burden of his
Debts, and his Engagements to provide for his
Brothers and Sisters; and, being unable, through
Want of his Evidences, to compound according to
your ordinary Rules, prays your Honours Favour in
some other: And sith his Command was within the
County of Oxford, and from that City he came voluntarily in, and not amongst the latest casting himself upon your Favour, hopes your Honours will be
pleased to vouchsafe him at least the Favour allowed
to those within the Articles of that City, which he
well foresaw he might have had and provided for,
but that he chose rather freely to submit himself
Two Months sooner, than capitulate there; and your
Petitioner, though wanting his Evidences as aforesaid, will be willing to compound as Tenant in Tail,
in Possession or Reversion, as his Lands shall be;
humbly offering, that your Honours have already
allowed the Benefit of those Articles to some Persons
of Honour comprized within them, yet not within
that Garrison at the Render; and that what Favour
your Honours shall vouchsafe him herein cannot
probably beget you more Importunities of this Kind,
for that your Petitioner's Case so eminently differs
from all others, as by the Reasons herein and Motives hereunto annexed appears.
"And your Petitioner shall ever pray, &c.
Reasons for moderating his Fine.
"Motives humbly offered for Moderation of the
Earl of Northampton's Fine.
"1. His Youth, not Nineteen Years, when he engaged himself in this War.
"2. His Engagement by his Father's Command, to
which not only his Filial Duty, but his Necessity even
of Livelihood, exacted Obedience.
"3. His Sufferings, and Losses Fifty Thousand Pounds,
of which the State hath had the greatest Benefit.
"4. A full Year's Profit of his whole Estate applied to the Use of the State since his coming into
the Parliament, and no Fifth Part or other Allowance towards his own, or the Younger Childrens
"5. A vast Debt contracted by his Father.
"6. A great Part of his Estate mortgaged by his
"7. Another Part thereof out in Jointure.
"8. Five Brothers and Sisters to be provided for.
"9. His Command considerable when he laid down
Arms, which gives him the greater Hopes of your
"10. His Command in the County of Oxon, from
which City he came Two Months before the Render,
choosing rather to cast himself upon the Favour of
the Parliament than capitulate, albeit he foresaw that
he might have had the Benefit of the Articles of that
"11. His ready taking the Oath and Covenant above
a Year since.
"12. His Estate not above Three Thousand Pounds
a Year, and that so burthened and incumbered as
"13. The Preservation of his Family.
"14. This will beget no Precedent; his Case being
distinguished from others, not only by many of the
forementioned Particulars, but by the Want of his
Evidences, which he hath endeavoured to recover in
the House of Peers and Court of Chancery.
"And his Admittance to compound as Tenant in
Fee, the highest Rate (albeit he conceives he
is but Tenant for Life could he produce his
Evidences), he hopes, may the more induce
your Honours to grant him his humble Desires."
Ordinance to continue the One for Relief of Captives at Algiers.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Ordinance of Parliament of the 13th of November, 1646, expiring
11 Decem. 1647, being for the collecting of the
Duty and Imposition of One Quarter of One per
Cent. which is One Shilling in every Twenty Shillings paid for Custom and Subsidy, according to the
now Book of Rates established by Authority of this
present Parliament, for Redemption of the Captives
taken by the Turkish and other Pirates, and every
Clause and Article therein contained, shall be observed, and continue in full Force and Power, from
the said 11th of December, 1647, inclusive, unto the
11th of December 1648, inclusive: And it is further
Ordered, That the Committee of the Navy and
Customs be hereby authorized to take up such Sums
of Money, on the Credit of the said Ordinance, as
they shall think fitting, not exceeding the Sum of
Ten Thousand Pounds, charging the Payment of the
same on the said Duty, with Allowance of Eight
per Cent. per Annum for Interest."
Order for 2500l. to Mr. Selden.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Sum of Five and Twenty
Hundred Pounds be paid unto John Selden Esquire,
by the Treasurers at Gouldsmiths Hall, in Course, out
of that Moiety of the Composition with Delinquents
which is not granted to the City of London for their
Security, and out of the rest of the said Compositions which shall remain after the said Security perfected and ended, without Prejudice to the said Security, towards Satisfaction and Reparation to be
made unto him, for his great Damages and long Imprisonment, suffered for and by reason of his Service done to the Commonwealth in the Parliament
of Tertio Caroli, whereof he was a Member; and that
the Acquittance of the said John Selden, or his Assignee,
shall be a sufficient Warrant and Discharge to the said
Treasurers, for Payment of the said Sum of Five and
Twenty Hundred Pounds accordingly."
Alderman Fowkes and the E. I. Co.
"Upon the Hearing and long Debating of the Cause
this Day, and Four several Days before, at this Bar,
upon Petition and Answer depending in this House
between John Fowke now Alderman of London and
the Governor and Company of Merchants of London
trading to Th' East Indies, in the Presence of the
Counsel Learned on both Sides, touching Two Decrees
made in Chancery, at the Suit of the said Governor
and Company, against the said Alderman Fowke, by
the Lord Coventry, the First of which Decrees was
made the 21th Day of November in the Seventh Year,
and the Second Decree was made the Ninth Day of
June in the Eleventh Year, of the Reign of His now
Majesty King Charles; and touching the said Governor's and Company's detaining, by Colour of the said
Two Decrees, the said Alderman Fowke's Adventures in
their Hands, by him alledged to be Sixteen Hundred
Pounds in their Second joint Stock, and Twenty-one
Hundred Pounds more in Three of their Voyages, and
the Product thereof, with Damages for the Detainer,
since others of that Company received their Profits upon
the like Adventures, ought to be answered to the said
John Fowke: It is thereupon Ordered and Adjudged, by the Lords in Parliament assembled, That the
said Two Decrees, made by the Lord Keeper Coventry,
the 21th Day of November Septimo Caroli, and
Ninth Day of June Undecimo Caroli, between the
said Governor and Company of Merchants of London
trading to Th' East Indies, and John Fowke now Alderman of London, being unjust, are hereby reversed;
and that the Adventures, videlicet, the Principal, with
the Proceed thereof, which the said John Fowke now
Alderman had in the Stock of the said East India
Company, which were kept from him by colour of
the said Two Decrees, or either of them, be restored to
John Fowke now Alderman, with Damages after the
Rate of Eight Pounds per Centum per Annum for the
said Adventures detained, to be accompted from the
several Times respectively when others of that Company were to receive their like Adventures, and with
One Hundred Pounds for Costs; all which shall be
forthwith paid unto the said John Fowk now Alderman, by the said Governor and Company: And
Doctor Heath and Mr. Hackwell are appointed to
audit the said Damages, and to make Report thereof
unto this House."
Foot and Kendrick's, Sheriffs of London, Petition, who are used by Richards for not arresting Colonel Manwaring.
"To the Right Honourable the Lords in Parliament.
"The humble Petition of Thomas Foote, John
Kendrick, Aldermen of London;
"That, the Petitioners being the last Year Sheriffs of
London, a Writ of Capias ad satisfaciendum was awarded unto them, out of the Court of Common Pleas at
Westm'r, against Colonel Randall Manwareing, at the
Suit of John Richards, for Six Hundred Pounds Debt,
and Five Pounds Cost, upon which your Petitioners
Officers issued a Warrant for his Arrest; but the said
Colonel Manwareing produced the Order of this Honourable House for his Protection from Arrests, in regard of his great Arrears from the State: In Obedience whereunto, the said Officers forbore to arrest him.
The said John Richards hath now commenced a Suit
against the Petitioners, for the said Debt, in the said
Court of Common Pleas, upon Pretence that the said
Colonel Manwareing was in the Petitioners Presence
before the Return of the Writ.
"They most humbly beseech your Honours to provide for the Petitioners Indemnity for what they
did in Obedience to an Order of this Honourable House; and that the said Richards may
forbear to prosecute his Suit against the Petitioners, and may take his Course, if he please,
against the said Colonel Manwareing; being
now in Custody, so that they be no farther
liable to the Vexations of the said John Richards.
"And they shall humbly pray, &c.
Hide's Petition, for Colonel Manwaring's Protection to be withdrawn.
"To the Right Honourable the Lords assembled
"The humble Petition of Benjamine Hide, Gentleman;
"That Randolph Manwareing, of London, Esquire,
hath owed unto your Petitioner One Hundred and
Fifty Pounds Principal-money, upon Bond, for Nine
or Ten Years, which your Petitioner hath forborn the
longer, because the said Mr. Manwareing was employed in the State's Service, upon his many Promises that
he would faithfully pay the same.
"That the said Mr. Manwareing, notwithstanding
the great Sums of Money and Profits which he hath
received, and the great Places he hath had in the Parliament's Service, having no Regard to his said Promises, will not pay his said just Debt, but hath forced
your Petitioner to take him in Execution.
"May it please your Honours, who are Patrons of
Law and Justice, not to privilege or protect
him from the Law, who is so able to pay his
Debts, and so made able by the Profits and
Gains he received in the State's Service; and to
consider your Petitioner's Condition, that he
is like to lose his said Debt, if the said Manwareing should be set at Liberty out of Execution; and to hear your Petitioner's Counsel, before any Order be made against him.
"And your Petitioner, as most bounden, shall
daily pray for your Honours, &c."
Nevil to be instituted to Evenload.
It is this Day Ordered, &c. That Doctor Aylett,
&c. do give Institution and Induction unto Ralph Nevil
Clerk, Master of Arts, to the Rectory of Evenload, in
the County of Worcester, void by the Resignation of
Jervis Clarke, the late Incumbent, salvo Jure cujuscunque; the said Mr. Nevill taking the National League and
Covenant, and producing his Presentation thereunto under
the Hand and Seal of John Smith Gentleman, the lawful Patron.