DIE Mercurii; 8 die Septembris.
PRAYERS, by Dr. Gouge.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Letters from the Commissioners with the King.
Two Letters from the Earl of Pembrooke, were read.
(Here enter them.)
Complaint against Hall, Minister of Thaxsted.
Ordered, That the Complaint against Hall, the
Minister of Thaxted, and the Mayor, shall be heard on
Thursday next, in the Morning; and in the mean Time
the Mayor and Jebbes to be bailed, to appear the same
Day: Counsel and Witnesses to be brought on both
Ordered, That Mr. Howard's Brothers and Sisters,
now in his Care, shall be continued with him, for their
Breeding and Education; and that their Maintenance,
in whose Hands soever it is, shall be paid unto the said
Mr. Howard, to be disposed of by him according as they
shall demean themselves to him.
Answer from the H. C.
Mr. Page and the Clerk of the Crown return with
this Answer from the House of Commons;
That they agree to these Particulars:
1. The Order for making the Quorum of the Committee of the Members of the Houses that are of the
Committee of both Kingdoms to be Three.
(Here enter it.)
2. To the Order for approving the Papers delivered to the Scotts Commissioners.
3. That Mr. Rowe be sent to the Chancellor of Scotland.
4. To the Order for slighting the Lines of Communication.
5. To the Order for the Marquis of Winchester to go to Epsam.
6. To the Letter for the Earl of Pembrooke, &c. and the rest of the Commissioners with the King.
|(Here enter them.)
To the rest, they will send an Answer by Messengers
of their own.
Romney, Minister of Hanworth, versus Ashdowne, Tisdale, and Browne, for refusing to pay him his Dues.
This Day Ashdowne and Tisdall, and Robert Browne,
were brought to this Bar, as Delinquents, upon Complaint of Mr. Romney, Minister of Hanworth. And,
upon Consideration of their Answers, it is Ordered,
That the said Browne shall stand committed to The Fleete,
there to remain till he hath paid to the said Mr. Romney
that which is awarded by the Justices of Peace, according to the Ordinance of Parliament for Payment of
Tithes; and also shall pay such Charges as this House
shall order, for the Expence that the said Mr. Romney
hath been at by this Business: It is further Ordered,
That Mr. Ashdowne Solicitor, and Tisdall Bailiff,
shall stand committed to the Custody of the Gentleman
Usher of the Black Rod, for abetting the said Browne
in the Disobedience of the said Ordinance of Parliament.
Message from the H. C. to sit a while.
A Message was brought from the House of Commons,
by Sir Rob't Pye Knight:
To desire their Lordships would be pleased to sit, for
they had some Business of Importance to bring up to
The Answer returned was:
That this House will sit a while.
Noddel & al. to be attache, for a Riot in Hatfield Chace.
Upon reading the Petition of the Participants in the
Draining of the Level of Hatfield Chase, &c. and also
the Affidavits of David Zeland and Edward Hill:
(Here enter them.)
It is Ordered, That the Parties therein mentioned
shall be attached, and brought before the Lords in Parliament, to answer their Contempt to the Orders of this
Elvin's Ordinance, to continue Mayor of Worcester.
The Ordinance for continuing of Elvin Mayor
of Worcester, was read again, and Agreed to, with Alterations; and Ordered to be sent to the House of
Commons, for their Concurrence in the said Alteration.
Ordinances to settle the Militia of Westm, the Hamlets, and Southwark.
An Ordinance for settling the Militia of Westm. was
read, and Agreed to.
An Ordinance for settling the Militia of the Hamlets,
was read, and Agreed to.
An Ordinance for settling the Militia of the Borough
of Southwarke, was read, and Agreed to.
Message to the H. C. with Ordinances; and about Ly. Grey's Business.
A Message was sent to the House of Commons, by
Mr. Page and the Clerk of the Crown;
To desire their Consents in these Particulars following:
1. The Ordinance for settling the Militia for Westm.
2. The Ordinance for settling the Militia for the Borough of Southwarke.
3. The Ordinance for settling the Militia for the
Hamlets of The Tower.
4. To put them in Mind of the Lady Greye's Business.
Stewart and Elmhurst.
Ordered, That the Business between Henry Stewart
and Mr. Elmehurst shall be heard, by Counsel and Witnesses on both Sides, the of : In the mean
Time, all former Orders and Ordinances made concerning this Cause shall be and remain in full Form;
and Obedience to be given thereunto.
Message from the H. C. to impeach those Lords who sat while the Speakers, &c. were with the Army.
A Message was brought from the House of Commons,
by Sir John Evelyn.
Ordered, That the Report of this Message shall be
made To-morrow Morning; and the Lords to have Notice to attend this House To-morrow Morning.
Letter to the Chancellor of Scotland, to call Home their Forces in Ireland.
"The Lords and Commons assembled in Parliament
do order, That Mr. William Rowe do carry and deliver the Letter agreed upon by both Houses to be
sent to the Chancellor of Scotland, concerning the
discharging the Scotts Forces in Ireland."
Ordinance for Batchelor to be a Fellow of Eaton College.
"Whereas Dr. Meredith, late Fellow of Eaton Colledge, hath for divers Years together deserted his
Fellowship, and adhered to the Forces raised against
the Parliament, and hath resided in the King's Quarters and Garrisons, in open Hostility, whereby the
said Dr. Merdith hath justly forfeited his Fellowship,
and left it void, as if he were naturally dead: Be it
therefore Ordained, by the Lords and Commons in
Parliament assembled, That Mr. John Batchellor, an
approved orthodox Divine, be hereby made and constituted Fellow of Eaton Colledge aforesaid; and that
he have and enjoy all lawful Rights, Privileges, and
Emoluments, as fully and wholly as the said Doctor
Meredith, or any other Fellow of the said College,
had, hath, or ought to have; and the Solicitor General is hereby required to prepare a Grant for the
Great Seal, to this Effect; and the Commissioners of
the Great Seal are hereby required to pass the same
Letter from the E. of Pembroke, that the Commissioners had presented the Propositions; and desiring that they might all have Leave to return:
"Yesterday in the Evening we presented the Propositions to the King, according to our Instructions.
His Majesty said, That He would give us His Answer
as soon as He could. And whereas only Three of
us are required to return with it, our humble Suit
is, That, having waited upon this Service so much
longer than we expected, now at length we may be
permitted all of us to return with His Majesty's Answer, and be discharged of this Employment; which
shall be acknowledged as a great Favour, by
Hampton Court, 8 Sept. 1647.
Most humble Servant,
Pembrook & Mount.
"For the Right Honourable the Earl of
Manchester, Speaker of the House of
Peers pro Tempore."
Letter from him, about the King's Manner of receiving them.
"The Commissioners thought it not fit to any
more than you will find in my other to your Lordship. However, I conceive it not amiss that you
should understand, that, when the Propositions were
read, His Majesty asked me, "Whether they differed
from those of Newcastle?" Wherein, the Matter
being not much, I gave him a short and particular Satisfaction. His Majesty then desired to know of the
Earl of Lauderdaill, "Whether the Scottish Commissioners did agree to the Propositions?" To that his
Lordship said, "They were satisfied with the late
Declaration from the Parliament." In the Close, I
desired His Majesty's Answer to the Propositions with
all convenient Speed; for that we were bound up
within Six Days. His Majesty said, "It was equal
to Him, Six or Sixteen; for that He was well acquainted with the said Propositions."
"I thought fit to give your Lordship this Account in
particular; who am
Hampton Court, Wednesday, 9 Forenoon.
Most humble Servant,
Pembrooke & Mount.
"To the Right Honourable my very good
Lord the Earl of Manchester, Speaker
of the House of Peers for the Time
Participants in Hatfield Chace, Petition, against Nodell & al. for a Riot there:
"For the Right Honourable the Lords assembled
"The humble Petition of the Participants
in the Draining of the Level of Hatfeild
Chase, and Parts adjacent, in the Counties of Yorke, Lincolne, and Nott.
"That, at a Sessions held before William Lister
Esquire and Cornwallis Esquire, in June last,
at Gainsburgh, Twenty-four Rioters of the Manor of
Epworth, in the County of Lincolne, were convicted
before them of a notorious Riot, at which Sessions
was your Lordships Order of the 10th of December,
1645, hereto annexed, given in Evidence, as also
the Order of the Court of Exchequer of the
February last, for the establishing the Possession of
those Lands with the Participants: That some of your
Petitioners, with others, being commanded by the
Sheriff's Deputy to attend him to keep the Peace, he
going upon those Grounds in Obedience of your Lordships Order abovementioned; the foresaid Rioters,
Mr. Noddell and his Company, preferred an Indictment against Two of the said Participants and Three
others of their Tenants, for coming upon those
Grounds. The Deputy Sheriff, being present at
the Sessions, endeavouring to inform the said Justices
of the Truth of the Business, and that they came
upon the Ground in Obedience to your Lordships
Order, he was commanded to hold his Tongue, and
asked what he had to do with the Business.
"This Indictment, upon the Evidence of the Rioters
convicted in June before, was found; and thereupon
Warrants went forth, to carry them to Gaol. One
of the Tenants was taken, and carried to the Gaol,
and Bail refused by the same Justices; where he
continued a Month, and then, after some Expostulations, they were pleased to bail him; the rest have
"Therefore humbly pray, That your Petitioners
may be continued in their quiet Possession of
the Premises, according to your Lordships
Order of the 10th of December, and such
other Orders of the Exchequer respectively
concerning the Premises, that those in the
Affidavits mentioned may be sent for, to answer their Contempt; and the Justices be
ordered to attend this House in the Beginning
of the Term, to shew Cause why they infringed your Lordships said Order.
"And the Petitioners shall pray, &c."
Affidavits concerning it.
"David Zeland, of the Parish of Haxie, in the County of Lincolne, Labourer, maketh Oath, That, upon
Friday the Five and Twentieth Day of June last, this
Deponent coming from Haxie, to go to his House in
a Place called Haxie Carre, in the Parish of Haxie
aforesaid, he this Deponent met with one Daniell
Nodell an Attorney (being Solicitor, as this Deponent
hath heard, in the Cause depending between the Inhabitants of His Majesty's Manor of Epworth and the
Patentees of His Majesty's Improvement there, concerning the Right of Common within His Majesty's
said Manor, whereof Haxie is a Member; and with
the said Daniell Nodell were, Gregory Turre, Robert
Browne, Thomas Tanckersley, and divers other Persons, to the Number of above Fifty, on Horseback;
and after them a Multitude of other Persons, to this
Deponent's Thinking Five Hundred, armed with
Clubs, long Staves, and Forks, and One of them on
Horseback had before him Guns, all going into the
said Carres; and that he, this Deponent, being called
by the said Mr. Noddell to go along with them, they
required of this Deponent, "Whether Mr. Gibbon
would come in to the said Carrs that Day, or not?"
To whom he this Deponent answered, "He knew
not." Whereupon the said Mr. Noddell "wished that
he would come; for that the said Mr. Gibbon (as Mr.
Noddell related) promised to meet them by Eight of
the Clock that Morning at Langham Hill, being the
Participants Grounds;" the said Number of Persons
remaining there Two Hours after: And that, this Deponent coming after that (fn. *) Home to his House in The
Carre, some of the Inhabitants of Haxie asked him
this Deponent, "Why he was not in the said Carre;
for that there Mr. Noddell and his Company looks for
him this Deponent?" And this Deponent further
faith, That, about Twelve Years past, there was a
Decree of this Court, for settling of the Inhabitants
Part of Common within His Majesty's said Manor of
Epworth and Haxie, openly published in Haxie Church
in the Deponent's Hearing; and that, before and after, the said Carrs were holden in several, and until
the Inhabitants, since these troublesome Times, did
throw down the Ditches and Fences of the said Inclosures, and pull down the Houses thereupon built
by the Patentees, and threaten to pull down the rest:
And this Deponent further faith, That he being,
about Three of the Clock in the Afternoon, at "Idle
Stop there," one Thomas Tanckersley, (fn. †) with about
Twelve others, in an insolent Manner asked, "Where
is this Gibbon? shall we not see him here To-day?"
And this Deponent further saith, That he, being One
appointed by the Participants to keep the Grounds
that were so inclosed, did see one Charles Relsey, the
26th of June last, come with his Cart, and brought
Straw, and did fill the Dike therewith, and covered
the same with Sods, and so made a Cart-way over, to
fetch out Swarth, which they had pared within the
Grounds decreed and settled with the King's Farmers
by the Decree and Order of the Court of Exchequer.
Davidis (A) Zeland.
"Jur. 6 Julii, 1647.
"Edward Hill, of Sandtoft, in the County of Lincolne, Yeoman, maketh Oath, That he this Deponent,
the 26th Day of June last, going into the Grounds
called Jordam Gillams and Scawsett, the Possession of
the Participants, His Majesty's Patentees, he this Deponent met with one Richard Starkey of Epworth,
and Two other Persons, the Sons of Robert Cuttforth
of Epworth aforesaid; which Starkey said, "Why
would not Mr. Gibbon and his Company meet Mr.
Noddell and his Company Yesterday?" This Deponent answered, "We were afraid you would kill us."
Starkey said, "No; Mr. Noddell would have parled
with Mr. Gibbon." This Deponent answered, "Upon
what Occasion?" Starkey said, "If Mr. Gibbon would
be content to let the Grounds lie which they had
thrown down, then their Parley would be soon ended;"
and said, "That Mr. Noddell had there Five Hundred Men in his Company, and the Banks lined with
Men, to hem us in during the Parley; and that, if
Mr. Gibbon and they did not agree, Mr. Gibbon, this
Deponent, and one Edmond Awkeland, should have
died for it, scape all the rest as they could: And this
I tell you for your Comfort; and that, if we cannot
get our Common by Law, we will get it by Club
Law: And that Mr. Noddell had a Letter from Sir
Thomas Fairefax, That, if Mr. Gibbon would not let
them have their Ground they had laid open, and cast
down the Banks thereof, they would pull down all
the Houses in the Level, and Mr. Gibbon's House
also:" And that the said Cutforth's Sons said, "They
had a Cart loaden with Muskets the Day before that,
for Mr. Noddell and his Company, if this Deponent
or Mr. Gibbon and his Company had met with them;"
which Danger was prevented by the Travail and Endeavour of William Gery Esquire, His Majesty's Under Steward of the said Manor of Epworth, as this
Deponent hath heard. And this Deponent further
saith, That he being One employed by the Participants to look to the said Inclosures, that, upon Saturday the 26th Day of June last, he saw the said Rich'd
Starkey, with Two others, the Sons of Rob't Cutforth,
throw down the Fences; and they and many others
put in their Cattle, and so kept it Common; and
said, "That, on Monday following, they would lead
away the Swarth, and see who durst oppose them."
"Jur. 6 Julii, 1647.