DIE Mercurii, 18 die Augusti.
PRAYERS, by Mr. Sallawey.
Comes Manchester, Speaker.
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Comes Kent.
Comes Pembrooke.
Comes Nottingham.
Comes Mulgrave.
Comes Sarum.
Comes Denbigh.
L. Viscount Say & Seale. |
Ds. Mountague.
Ds. Howard. |
Message from the H. C. with Ordinances, &c. and a Declaration for Vindication of the Army.
A Message was brought from the House of Commons,
by Sir Robert Pye Knight, &c.; who brought up divers
Particulars, wherein they desire their Lordships Concurrence:
1. An Ordinance for Four Thousand Six Hundred
Forty-two Pounds to Captain Plunkett, and the rest of
the Owners of the Ship Discovery.
2. An Ordinance for repealing all Votes, Orders, and
Ordinances, passed since the Force on both Houses on
Monday, 26 July, 1647, until 6 Augusti, 1647.
Read Once, and voted to be rejected.
3. An Order for the Committee for the Affairs of Ireland at Star-chamber to sit constantly.
4. A Declaration for Vindication of the Army under
Sir Thomas Fairfax' Command.
The Answer returned was:
Answer.
That this House will send an Answer by Messengers
of their own.
Heads for a Conference, about the Declaration from Sir T. Fairfax; and annulling the Proceedings of the Houses, while the Speakers were with the Army.
Ordered, To have a Conference with the House of
Commons, concerning the former Votes of this House
sent down to the House of Commons, to which no Answer hath yet been given.
And the Earl of Denbigh, Earl of Mulgrave, Lord
Viscount Say & Seale, and the Lord Howard, are appointed to draw up Reasons, to be offered to the House
of Commons at that Conference, for adhering to those
Votes; and report the same to this House: And the
said Committee have further Power to prepare an Ordinance in Pursuance of those Votes, to be offered to
the House of Commons, at the Conference, after the
Reasons offered.
The Lords Committees withdrew presently.
Message to the H. C. for this Conference:
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To desire a present Conference, in the Painted (fn. *) Chamber, touching some Votes and Declarations formerly sent
down to them.
Heads for it.
The Earl of Denbigh reported from the Committee,
the Reasons drawn up for the Conference, and the Ordinance; which were read, and approved of:
"The Lords having formerly sent a Vote, of the 6th
of August, 1647, to the House of Commons, declaring
that all the Acts and Orders passed under the Force
upon the Twenty-sixth of July last, and since, until
the Return of the Speakers, were null and void;
and having desired the Concurrence of the H. Commons thereunto, as also to several Declarations, the
one of Sir Thomas Fairfax and the Council of War
in the Name of themselves and the Army, the other
of the Lords and Commons which were with the
Army; which the Lords having approved of, did
likewise desire their Approbation to the said Declarations: And having received no Answer, being often
by their Lordships put in Mind of all those Particulars,
have therefore desired this Conference, to let them
know, That their Lordships conceive themselves bound,
in Justice to the Kingdom and Parliament, to insist
upon those Votes and Declarations, and to desire their
Concurrence to the Votes, and Approbation of the
said Declarations, for these Reasons:
"1. It being apparent to all the World, and acknowledged by both Houses, that there was a
visible, horrid, insolent, and actual Force upon the Houses of Parliament; and many Members, with both the Speakers, forced from the
said Houses; it will prove a dangerous Example and Precedent to maintain the Exercise
of an Authority then lawful, at the Time when
the Parliament lieth under such a Force to be
exercised upon it at Pleasure.
"2. If any sitting under such Force may exercise
the Authority of Parliament, and those Acts
which they shall do be at that Time accounted valid, and not null, it will not be in the
Power of any to vindicate and deliver the
Parliament from such Force and Violence; but
they will be liable to Censure, for resisting
such Authority as is pretended to be lawful
in such a Case.
"3. Those who have now acted under such Authority, to raise Forces and cast the Kingdom
into a new War, shall, under Pretence of that
Authority, be free from being questioned for
the same, though some of them may have been
the principal Agents in contriving this Mischief.
"The Sense of the House, which was delivered by
the Speaker:
"The Lords, in their last Message, did express to
that House, That, if the great Affairs of the Kingdom, and the Settlement of the Peace thereof, shall
be longer retarded, for Want of their Concurrence in
that which the Lords judge to be essential to the Vindication of the Honour and Freedom of Parliament,
they conceived it fit and necessary to express, that
they held themselves acquit and discharged of any ill
Consequences that might ensue thereupon. The Lords
have commanded me to declare the same unto you
again; and, that they may acquit themselves to all
the World, to have used their Endeavours that the
Parliament may be put into a Condition speedily to
go on for the Settlement of the Peace of the Kingdom, so much desired by them, they have appointed
me to offer unto you this Ordinance, in Pursuance of
their Votes; whereunto they desire your Concurrence."
Ordinance from the H. C. for annulling the Proceedings, while the Speakers, &c. were absent, rejected.
The Speaker acquainted the House of Commons,
"That the Lords had rejected the Ordinance which was
brought up this Day."
The Lords went to the Conference; and the House
was adjourned during Pleasure.
The House was resumed.
Oxford University.
A Vote touching the University of Oxon; read, and
Agreed unto; and Ordered to be sent to the House
of Commons.
Cambridge D°.
Ordered, That Disorders in the University of Cambridge be prevented; and some Course taken to prevent
the like in the future. (Here enter it.)
Letter from the Scots Commissioners.
A Letter from the Commissioners of Scotland, was
read. (Here enter it.)
Langley's Ordinance to be Master of Pembrook Colledge.
An Ordinance for Mr. Langley, to be Master of Pembrooke Colledge, in Oxon; read, 1°, 2°, 3° Time.
Ordered, To be sent to the House of Commons.
Letter to the Scots Commissioners.
A Letter to the Commissioners of Scotland, read, and
approved of; and Ordered to be sent to the House of
Commons for their Concurrence.
Cuffoly to be instituted to Axmouth;
Ordered, That Doctor Heath shall give Institution
and Induction unto Francis Cuffoly Clerk, to the Vicarage of Axmouth, in Com. Devon. void by the Death
of Nathaniell Dike, the late Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under
the Hand and Seal of Sir Walter Earle Knight, Patron.
and Frahock to Witheyll.
Ordered, That Doctor Heath give Institution and
Induction unto Henry Frahocke, to the Rectory of
Witheyll, in Com. Cornwall; salvo Jure cujuscunque; he
taking the National League and Covenant, and producing his Presentation thereunto, under the Hand and
Seal of Elizabeth Glanvill Patroness, Widow, Relict of
Sir Francis Glanvill, of Tavistock, in Com. Devon, Knight,
deceased.
Message to the H. C. with the Letter to the Scots Commissioners; and with Pringle's and Langley's Ordinances.
A Message was sent to the House of Commons, by
Doctor Heath and Doctor Aylett;
To desire their Concurrence:
1. In the Ordinance to make Mr. Langley Master of
Pembrooke Colledge, in Oxon.
2. A Letter to the Commissioners of Scotland.
3. An Ordinance for Mr. John Pringle to be Preacher
at Carham Church, in Northumberland, and to have One
Hundred and Fifty Pounds per Annum out of the Dean
and Chapter's Lands of Durham.
Emins, a Pass.
Ordered, That the Earl of Arundell's Servant Mr.
Emins, and Mrs. Emins his Daughter, shall have Liberty
to go beyond Sea, and return.
Ld. Willoughby's Son & al. Leave to go to France.
Ordered, That the Lord Willoughby's Son, with
St. Ravye's Brother, shall have Liberty to go into
France.
Letter from the Scots Commissioners, complaining of their Secretary being stopped at Newcastle; and that they have yet received no Reparation for the Insult offered to the Earl of Lauderdail at Weburn.
"For the Right Honnorable the Speaker of the
House of Peeres pro Tempore.
"Right Honorable,
"Wee cannott but with greate Sense of these many
Injuryes wee suffer daily acquaint your Lordship
therewith, as they fall out Not long agoe wee made
knowne to the Honnorable Houses, that the Earle of
Lauderdaill, One of our Number, was violently stopped,
and denyed Accesse to His Majesty (by Sir Thomas
Fairefaxe's Souldiers), contrary to the Agreement betwixt the Kingdomes, whereof as yet wee have had
noe Reparation. And now, our Secretary Mr. Cheisley, being sent by us unto the Kingdome of Scotland,
is stopped and deteyned at Newcastle, by the Governor thereof, Mr. Lilburne; alleadging such to be the
Condition of Affaires now betwixt the Kingdomes,
that, without the Generall's Order, he was not to
permitt any to passe. Mr. Cheisly tould him, "That
the Kingdome of Scotland had done nothing that
might give Cause to interrupt their former Correspondency and mutuall Amity; desireing that he should
not give Ground of a Breach of that happy Union
betwixt the Nations; shewing unto him our Passe,
which ever heretofore hes bin reputed to our owne
Servaunts sufficient, and telling that he was our Secretary sent by us to Scotland; and if that could not
procure him Liberty of Passage, he hopes he would
acknowledge the Authority of the Speaker of the
House of Commons his Passe as a sufficient Warrant."
But he answered, "He was to obey the Generall's
Orders; and if he could not produce that, he would
not lett him passe." If this be not an high Infringment of the Lawe of Nations, and of the Publique
Faith betwixt the Kingdomes, yea, and of your owne
Authority, wee leave it to yourselves to judge; hopeing your Lordship will cause make Reparation to the
Kingdomes of Scotland of those multiplide Injuryes,
the intercepting of our Letters, and violent stopping
of their Commissioners from the King, and now denying their Servaunts free Passage to that Kingdome;
which wee conceive the Honorable Houses would
not have taken well, if the like Acts of Violence had
bin done to their Commissioners and Servaunts while
they were in the Kingdome of Scotland. If effectuall
Remedyes against such Injustice and Violence be not
seasonably provided by the Wisdome of the Honorable Houses, wee cannott see how wee can be heare
in the Capacity of Commissioners, to discharge the
Trust committed to us. Wee rest
Worcester House, the 17th Aug. 1647.
"Your Lordship's
Humble Servaunts,
Charles Erskine.
Hew. Kennedy.
Rob. Berclay."
Order concerning the Government of St. John's College, Combridge.
Whereas the Lords in Parliament have received certain Papers from the Vice-chancellor and the Heads of
Colleges in the University of Cambridge, and also have
received a Petition presented by some Fellows of St.
John's Colledge in that University, whereby they understand that there are some Contentions arising, about the
Validity of some Orders of the Committee heretofore
authorized by Ordinance of Parliament for the regulating the University of Cambridge, touching the Government of the said College, whereby Elections and
other the most important Affairs thereof are wholly obstructed; the great and weighty Concernments of the
Kingdom not permitting at present a full Examination
of the said Papers and Petition, and a final Determination of the aforesaid Differences: It is therefore Ordered, by the Lords in Parliament, That the Vicechancellor, and the Heads of Colleges, placed there by
Authority of Parliament, together with One or more
of the Justices of the Peace for the University of Cambridge, or any Three of them, whereof One to be a
Justice of the Peace, do examine the Truth of the Particulars in the aforesaid Papers and Petition; and shall
have Power to administer an Oath, if they see Cause,
to the Witnesses; and do certify to the Parliament the
Truth of the said Particulars, and their Opinions upon
the whole Business: And in the mean Time both Parties are required quietly to submit themselves, and to
yield Obedience to all the Orders of the abovesaid
Committee for the University, until the Government of
the said College and University can be settled by Authority of Parliament.
Adjourn.
Adjourned till Friday 10 of the Clock.