DIE Mercurii, 12 die Maii.
PRAYERS, by Mr Lightfoote.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Stewart and Elmhurst, about the Manor of Faborne and Colton.
Upon reading the Petition of Henry Stewart: Ordered, by the Lords in Parliament assembled, That
Richard Elmehurst, who claims Interest in the Moiety of
the Manors of Fabowrne and Colton, in the County of
Yorke, and hath forborne to give Obedience to an Order of both Houses, do, immediately upon Sight hereof, deliver quiet Possession of the said Manors, or such
Part theref as he claims, unto He'ry Stewart, or his
Agents or Assigns, or, in Default thereof, to appear before the Lords in Parliament within Ten Days next after
this Order shall be served; and hereof the said Elmehurst is to take Notice, and yield.
Remonstrance to be sent to the Queen of Sweden, on account of Her Ships not striking to the British Flag in the Narrow Seas.
Upon reading the Report from the Admiralty, concerning the Swedish Ships which are brought into The
Downes by the Vice Admiral:
It is Ordered, That this House approves of what
the Vice Admiral and Rear Admiral have done, concerning the Swedish Ships, in Maintenance of the Sovereignty of the Seas belonging to this Crown; and do
refer it to the Committee of the Admiralty, to draw up
a Letter, or Remonstrance, to be sent to the Queen of
Sweden, or her Commissioner here, according to the
Report of the Admiralty of the 11th of May, 1647;
and to report the same to the Houses before it be sent:
And the Concurrence of the House of Commons is
to be desired herein.
L. Herbert's Castle of Montgomery assaulted by the Garrison of Poole, in that County.
A Letter was produced by the Lord Herbert of Cherbery; shewing, "That the Soldiers of the Garrison of
Poole, in the County of Mountgomery, did (fn. *) assault
his Castle of Mountgomery, and did fire upon them;
but the Governor of his Castle made no Resistance:"
Hereupon it is Ordered, That it be sent to the
House of Commons, with a Desire of Concurrence,
that it may be referred to the Members of both Houses
that are of the Committee of both Kingdoms, to
hear what the Lord Herbert can offer, for to prevent the
Inconveniency as may follow if some speedy Course be
not taken for the (fn. †)
Precedency between the Vice-chancellor of Cambridge and the Mayor.
The Judgement of this House, upon the Hearing of
the Cause between the Vice-chancellor of the University of Cambridge and the Mayor of Cambridge, touching the Right of Precedency, was read, and approved
of. (Here enter it.)
Collieries of Delinquents unsequestered to be for the Use of the State.
Ordered, That the Witnesses shall be produced
To-morrow Morning, to prove that the Parties who
have Coals at Newcastle, and are reputed to be Delinquents, and so their Coals to be disposed of for the
Use of the State, are not sequestrable, as is alledged.
Capt. Rice to be continued on the Irish Station with his Ship.
The Lord Viscount Say & Seale reported a Paper
from the Committee of Lords and Commons for the
Irish Affairs of Ireland at Derby House; was read, as
"Die Martis, 11Die Maii, 1647.
"Ordered, That it be reported to both Houses,
That Captain Rich, with his Ship, who is now in
or about Chester Water, may be continued in the
Service, till his Victuals now on-board shall be spent,
in regard there is Want of Shipping in those Parts."
Ordered, That this House approves of this Report; and to communicate it to the House of Commons, and desire their Concurrence therein, that it may
be referred to the Committee of the Admiralty, that
they may give Order for the doing thereof.
Message to the H. C. with the E. of North'ton's Pet. about his Composition;
A Message was sent to the House of Commons,
by Sir Edward Leech and Mr. Page:
1. To deliver to them the Petition of the Earl of
North'ton, with this Sense thereupon: "That, upon
Consideration had of the Petition of the Right Honourable James Earl of North'ton, and the Motives
thereunto annexed; and more particularly of his
Youth, and Engagement in the War by his Father's
Command; he early endeavouring to come in, and
laying down Arms, when his Command was no Ways
inconsiderable; his free Choice, rather to come in
from Oxford, and cast himself upon the Favour of
the Parliament, than to capitulate (fn. *) there; the Want
of his Evidences, and his Submission to compound as
Tenant in Fee, which distinguisheth his Case from all
others: It is Ordered, by the Lords and
in Parliament assembled, That the said Earl shall be
admitted to his Composition, at Two Years Purchase;
and that his Fifth and Twentieth Part shall be included therein."
and about the following Particulars.
2. To deliver to them the Report this Day from the
Committee for the Admiralty, concerning the Swedish
Ships, with the Sense of this House thereupon.
3. To deliver to them the Report concerning Captain Rich, with the Sense of this House thereupon.
4. To deliver to them the Letter of the Lord Herbert, with a Desire it may be referred to the Committee of both Kingdoms, that the Lord Herbert may be
heard; and that some speedy Course may be taken in
Sir H. Mildmay and Sir T. Cheek, concerning the Barony of Fitzwalter.
The House heard the Counsel on both Sides state
the Claim of the Title of the Barony of the Lord
Fitzwalter, being in Difference between Sir Henry Mildmay Knight and Sir Thomas Cheeke.
It is Ordered, That this House will hear the Counsel, further, concerning this Business, To-morrow Sevennight; and the King's Counsel to have Notice, to
attend at the same Time.
Letter from the Scots Commissioners.
A Letter from the Scotts Commissioners was read, concerning their Desire that the Earl of Dumferlinge may
attend the King at Holdenby, according to the Tenor of
the Letter of both Houses, the 27th January last.
(Here enter it.)
Message from the H. C. with Ordinances;
A Message was brought from the House of Commons, by Mr. Greene, &c.; who brought up divers Ordinances, wherein their Lordships Concurrence is desired:
1. An Ordinance for borrowing Six Thousand Pounds
of the Customers.
2. An Ordinance for taking off the Delinquency of
3. An Order for Sir John Holland to have Leave to
return, upon his own Occasions. (Here enter it.)
Read, and Agreed to.
4. An Ordinance for Two Thousand Five Hundred
Pounds to be paid to Mr. Benjamin Valentine.
5. An Ordinance concerning Sir John D'anvers.
and for Col. Rainsborough to command Forces to retake Jersey.
6. To put their Lordships in Mind of a Vote formerly brought up, for nominating Colonel Raynsborough to
go with his Regiment for regaining of the Isle of Jersey; and the House of Commons say, that the passing
or not passing of this Vote will be the Saving or Losing of
Ordinance concerning Sir J. D'Anvers.
The Ordinance concerning Sir John D'anvers, was
read the First and Second Time; and Ordered to be
committed to the Consideration of these Lords following:
Any Three, to meet To-morrow Morning, at Nine
of the Clock; and to report the same.
Sir Ed. Sydenham's Cause.
Ordered, That the Persons that are in Custody, by
Order of this House, upon the Complaint of Sir Edward Sydenham, shall be bailed, and are to appear before this House this Day Three Weeks, at which Time
the said Cause is to be heard by Counsel, and Witnesses
on both Sides.
Order for the E. of Dumferling to have Access to the King.
"Ordered, by the Lords and in Parliament assembled, That the Earl of Dumferlinge,
shall have Access to His Majesty at Holdenby, according to the Agreement of both Houses with the Kingdom of Scotland, signified in a Letter dated the 27th
of January last; the said Earl having Warrant from
the Parliament of Scotland for that Purpose."
Message to the H. C. with it.
This Order was sent down to the House of Commons,
by Sir Edward Leech and Mr. Page, to desire their
Sir W. Russell & al. and Lenthall & al.
The Petition of Sir Wm. Russell, John Woode, Wm.
Geere, and others, was read, with an Order of the
House of Commons. (Here enter them.)
It is Ordered, That the Judges shall deliver in their
Reasons of their former Opinions to this House, of
the Case between Russell, &c. and Lenthall, &c. And
concerning the Matter of this Petition now read, which
concerns the Privileges of this House, the same shall be
taken into Consideration To-morrow Morning.
E. of Denbigh, Leave to come from Holdenby.
Upon reading the Letter of the Earl of Denbigh, desiring "Leave for his Repair to London for some few
Days, upon the Urgency of his Private Affairs; and
that his Attendance in the mean Time may be
Message to the H. C. about it.
It is Ordered, That the Earl of Denbigh shall have
Leave to come to London for Ten Days; and the Concurrence of the House of Commons to be desired herein.
And Sir Edward Leech, &c. is to carry this Message.
Sir W. Russell & al. and Lenthall & al.
"To the Right Honourable the Lords in the High
Court of Parliament assembled.
"The humble Petition of Sir William Russell
Knight and Baronet, John Wood, William
Geere, and others;
"That, in the Cause between Lenthall, Marston,
and others, and your Petitioners, your Lordships
having several Times heard Counsel, and, by your
Honourable Order of the 21 of April last, directed
the Judges to deliver their Opinions in Writing,
Whether a Prohibition did in that Case lie?" Which
the Judges have certified in the Affirmative.
"That sithence, upon the Petition of the said Lenthall and Marston to the Honourable House of Commons, the same, by an Order (of the House of the
7th of this Instant) annexed, is referred to a Committee of that House, to consider of former Proceedings in that House, and before your Lordships, and in
other Courts; and, upon Consideration of all, to
state the Matter of Fact, together with their Opinions.
"Your Petitioners (who conceive they may, and humbly) do, as Subjects of England, pray to have the
Benefit of the Laws, which, being so required by
your Lordships, is by the Judges certified your Petitioners ought to have; being willing to quit the Petitioners in the House of Commons of their Fears that
your Petitioners would insist upon any Plea upon the
Statute of Limitations of Actions and Nonage, both
which they assent to wave: Humbly beseech your
Lordships, they may be left, the one to prosecute, the
other to defend, according to the Course of the Laws
of the Land, without being drawn to any further Attendance upon Petitions.
"And they shall pray, &c."
Order of the H. C. concerning this Business.
"Die Veneris, 7 Maii, 1647.
"Ordered, by the Commons assembled in Parliament,
That the humble Petition of John Marston and other
Merchants be referred to the Committee formerly appointed for this Business, where Sir Thomas Widdrington hath the Chair; and the said Committee is hereby
revived; and they are to meet on Tuesday next, at
Two post Meridiem, in the Exchequer-chamber: And
they are to consider of the former Proceedings in this
House, and in the House of Peers, upon this Business; and the Proceedings, in Pursuance of Orders
and Directions of this House, in other Courts upon
this Business; and, upon Consideration of all, to
state the full Matter of Fact, together with their Opinions what they think fit to be done for the speedy
Relief and Redress of the Petitioners. And the said
Committee hath Power to send for Parties, Witnesses,
Cleric. Parl. D. Com."
Letter from the Scots Commissioners, that the E. of Dumferling may have Access to the King at Holdenby.
"For the Right Honnorable the Speaker of the
House of Peeres pro Tempore.
"In Pursuance of the Desires of the Parliament of
Scotland, that such of the Scottish Nation as have
Warrant from them, or their Committee thereunto
authorised, shall have Accesse to His Majesty, whereunto the Houses of Parliament did agree in their
Letter of the 27th of January last; wee are commaunded to represent to the Honnorable Houses,
that the Earle of Dunferline by his faithfull Carriage and Forwardnes in the Actions of Peace and
Warr, haveinge upon all Occasions manifested a constant Affection to Religion, and to the Union betwixt
the Kingdomes, and with his best Abilityes endeavored to promote the Ends of the solemne League
and Covenant; the Estates of the Parliament of that
Kingdome have given Warrant to his Lordship,
to repaire to Holmeby, and attend on His Majesty;
wherein wee doe in their Name desire the Concurrence of the Honnorable Houses, and remaine
the 6th Day of May, 1647.
Most humble Servaunts,
Precedency between the Vice-chancellor and Mayor of Cambridge.
"The Lords assembled in Parliament, having taken
into Consideration the Difference about Precedency
of Place between the Vice-chancellor of the University of Cambridge and the Mayor of the Town of
Cambridge; and having heard Counsel, Witnesses,
and Proofs, on both Sides, at this Bar, do, after
Debate and mature Deliberation, Decree, Order,
and Adjudge, That the Precedency of Place, of
Right, belongeth to the Vice-chancellor of Cambridge,
before the Mayor of the Town of Cambridge; and
do Order, That the said Precedency be enjoyed by
the said Vice-chancellor and his Successors, without
any Lett or Disturbance by the said Mayor or his
Successors: And likewise it is hereby Ordered,
That the Deed ingrossed, for the conveying of Lands
purchased with the Two Hundred Pounds which Mr.
Thompson gave by his last Will and Testament, to be
employed in the Workhouse, for the setting the Poor
in Cambridge on Work, at the Discretion of the
Vice-chancellor and Mayor, wherein the said Mayor
of the Town of Cambridge caused his Name to be
written before the Vice-chancellor's Name in the
Deed, be canceled, and forthwith made void; and
that he the said Mayor, upon the Sight of this
Order, cause a new Deed to be made, wherein the
Vice-chancellor's Name shall be first placed, as of
Right it ought, that so Things in reference to the
Good of the Workhouse in Cambridge may be executed jointly by the Vice-chancellor and Mayor, according to the Tenor of the Will and the Intention of
Sir J. Holland, Leave to come from Holdenby.
"Ordered, by the Lords and Commons assembled in
Parliament, That Sir John Holland Baronet, One of
the Commissioners from Parliament at Holdenby, shall
have the Leave of both Houses to return to London,
and to go into Hantsheir, upon his own pressing and
Report concerning the Swedish Ships brought into The Downs, for refusing to strike to the British Flag, in the Narrow Seas.
"Die Jovis, 7 Maii, 1647.
"By the Committee of Lords and Commons for the
Admiralty and Cinque Ports.
"An Order of the House of Commons, whereby
the Papers concerning the Swedish Ships and the
whole Business thereupon depending, were referred
to this Committee (who were to meet and report their
Opinion this Day), was now considered of. And forasmuch as, upon reading of the said Papers, there appeared no Cause for the longer Detention of the
Swedish Vice Admiral brought into The Downes by
Captain Batten, and for that a Detriment may arise
by the respiting of her Discharge until the Parliament's Sitting (they having adjourned till Tuesday
next); the rest of the Swedish Ships (who are certified
to be out of Victuals) being also come into The Downes,
to attend the Issue of this Matter: Resolved, That a
Letter be written to Captain Batten, forthwith to discharge the said Vice Admiral of the Swedish Fleet,
that she, with the rest of the said Fleet, may proceed
on their Voyage Home."
"A Letter to Captain Batten was accordingly written, in this Form; (videlicet,)
"We have received and considered of your several
Letters concerning the Swedish Ships; and think that
the Vice Admiral of that Fleet, by you brought into
The Downes, be no longer detained; and therefore
would have you forthwith to discharge her, that she,
with the rest of the same Fleet, may proceed on their
Voyage Home. Concerning this Matter you shall hear
further from us, after a Report to both Houses, agreed
upon this Day, shall be presented.
"Resolved, That this Committee is of Opinion, That
the Vice Admiral's and Rear Admiral's Proceedings,
in order to the Maintenance of this Kingdom's Sovereignty at Sea, be approved of by both Houses.
"Ordered, That this Committee's Proceedings and
Opinions in this Matter be reported to both Houses of
Remonstrance to be sent to the Queen of Sweden about it.
"Die Martis, 11Maii, 1647.
"Resolved, That this Committee is of Opinion,
That a Letter from both Houses of Parliament to the
Queen of Sweden, or a Remonstrance to Her Agent
here, be sent or delivered, to the Effect following;
(videlicet,) To set forth the Right of this Crown to
the Sovereignty of the Narrow Seas; the violating
thereof, by Her Commander's refusing to take in
their Flags on Colour of their Instructions; the Proceedings of the Parliament's Ships thereupon; the
Parliament's Respect to the said Queen; and their
Readiness to maintain Amity and a good Correspondency with the Crown of Sweden; together with
their Desire, that, for preventing future Misunderstandings, Her Majesty's Commanders at Sea may not
in like Cases deny that Respect which is due to this
"W. Jessop, Secretary."