DIE Veneris, 22 die Octobris.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Doctor Heath and Mr. Hakewill returned this Answer
from the House of Commons:
That they agree to the Business concerning the French
Ambassador, and the Marquis of Winchester.
Lady Katherine Brooke's Petition.
A Petition of the Lady Ketherine Brooke.
(Here enter it.)
It is Ordered, To be sent down to the House of
Commons, with Recommendations, that some Course may
be taken for the (fn. *)
Ould Inhabitants and their Minister.
Upon reading the Petition of the Inhabitants of Old,
in the County of North'ton, concerning their Minister:
It is Ordered, That, on Thursday come Fortnight,
both Sides shall be heard, by Counsel; at which Time,
Sir John Dreyden Baronet and Sir Gilbert Pyckerings
are desired to be then present.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons,
by Mr. Edwards:
To desire their Concurrence in an Ordinance concerning Election of a Mayor and other Officers of the
City of Chester.
Read, and Agreed to.
The (fn. †) Answer returned was:
That this House agrees to the Ordinance now brought
Message from thence, with a Letter from the King to Sir T. Fairfax; and with Ordinances, &c.
A Message was brought from the House of Commons,
by Sir John Hippesley Knight:
1. To acquaint their Lordships with a Letter sent
from the King to Sir Thomas Fairefax, and an Order
thereupon made. (Here enter it.)
The Order read, and Agreed to.
2. An Ordinance for suppressing of Interludes and
Stage Plays. (Here enter it.)
3. An Ordinance for Colonel Thornhaugh.
(Here enter it.)
4. An Ordinance for One Hundred Fourteen Pounds
to be paid to Mrs. Jane Done, Executrix to Major Done,
out of the Receipts at Goldsmithes Hall, in Course.
(Here enter it.)
The Answer returned was:
That this House agrees to all the Orders and Ordinances now brought up.
Committees to meet, to receive a Letter from the French King, by His Ambassador.
The Speaker acquainted the House, "That the Ambassador in Ordinary for the French King desires he
may deliver a Letter, which he hath received from
his Master, directed to the Parliament of England:"
It is Ordered, That the Committee for Foreign
Affairs do meet To-morrow in the Afternoon, in the
Painted Chamber, at Three a Clock, and receive the
said Letter; and the Concurrence of the House of Commons to be desired herein.
Letter from the Scots Commissioners.
A Letter from the Scotts Commissioners was read,
and Ordered to be sent to the House of Commons.
(Here enter it.)
Message to the H. C. about receiving a Letter from the French King, by His Ambassador; for Provision to be made for L. Brook's Child; and with the Letter from the Scots Commissioners.
A Message was sent to the House of Commons, by
Doctor Heath and Mr. Hakewill:
1. To desire that the Committee for Foreign Affairs
may meet To-morrow in the Afternoon, in the Painted
Chamber, at Three a Clock, to receive from the French
Ambassador in Ordinary a Letter which he hath to deliver from his Master, directed to the Parliament.
2. To deliver to them the Petition of the Lady Katherine Brooke; and to desire that, in regard that the
Lord Brooke died in the Service of the Parliament, and
his Lady being left big with Child; upon a Petition
sent to the House of Commons, it was desired that a
Provision may be taken for the Maintenance of that
Child: Therefore to recommend the same again now
to the House of Commons, that they take some speedy
3. To deliver to them the Letter from the Scotts
The Earl of Pembrooke reported, from the Committee
for regulating the University of Oxford, a Paper;
which was read.
(Here enter it.)
Ordinance to regulate Oxford University.
Upon which, an Ordinance was presented in Pursuance thereof; which, being read, was Agreed to, and
Ordered to be sent to the House of Commons for
their Concurrence: Which accordingly was done, by
Doctor Heath and Mr. Hakewill.
Message from the Assembly, with a long Catechism.
A Message was brought, by Mr. Prolocutor, from
the Assembly of Divines; who said, "The Assembly
of Divines have made a long Catechism, which they
present to their Lordships Consideration; and they intend shortly to prepare a shorter Catechism."
Answer to them.
The House returned Thanks to the Assembly, for
their ready Observance to the Orders of Parliament, and
for their great Labour and Pains in compiling this long
Catechism; and to desire them to go on in making the
short Catechism, which their Lordships shall be ready
Provision to be made for Ld. Brook's posthumous Son.
The Lords, taking into Consideration the faithful
Service of Robert Lord Brooke, who lost his Life in the
Service of the Parliament; upon whose Death, the
Houses promised to take Care for the Breeding and
Maintenance of that Child which his Lady was with
Child of at that Time; and now, in regard the said
Child grows up to Years fit to be educated, and no Provision being made for him by the said Lord Brooke, the
Lords desire that the House of Commons would take
some speedy Course for some Provision, for his Education and future Subsistence.
Inhabitants of St. Steven Coleman Street, Petition for Goodwin to be their Lectures.
Upon reading the Petition of the Inhabitants of
Steven Coleman Streete; desiring, "That Mr. John
Goodwin may be admitted to be their Lecturer, and
preach every Lord's-day:"
It is Ordered, That the Order mentioned in the said
Petition be produced, and then this House will give
Gibbons & al. versus Noddle & al. about Axholme.
Ordered, That the Business concerning the Isle of
Axholme shall be heard on Monday Morning next.
Stone versus Sir R. Grosvenor, in Error.
Ordered, That the Cause between Thomas Stone
Esquire, and Sir Richard
Crosevermore, upon a Writ
of Error, shall be argued, at this Bar, on Monday Sevennight, being the First of November next: The Judges to
Gregg versus Lee, in Error.
Ordered, That the Cause between Gregg and
Lee, upon a Writ of Error, shall be argued, at this Bar,
on Monday Sevennight, being the First of November next.
Lady Brooke's Petition, for a Provision to be made for a Child born after her Husband's Death.
To the Right Honourable the House of Peers in
The humble Petition of the Lady Katherin
"That your Petitioner's late Husband, at the Time
he lost his Life in the Parliament's Service, not well
knowing of your Petitioner's being then with Child,
made no Provision for its Livelihood; for which Cause,
the Honourable House of Commons did, in August
last was Three Years, very honourably order, That
they would take the Child into Consideration in due
Time. Your Petitioner ever since (in regard of the
weighty Affairs of the Kingdom) hath been therein
silent: But now the Child's Age calling for Maintenance;
She humbly prayeth, his sad Condition may by
your Lordships (in regard his Father was a
Member of your House) be recommended to
the Honourable House of Commons; with
your Desire, That, according to their Order,
they will take him into Consideration.
"And your Petitioner shall pray, &c.
King's Children Leave to visit Him.
"Ordered, by the Lords and Commons assembled in
Parliament, That the Earl of Northumberland shall
have Liberty, and it is referred unto him, at his Discretion, at such Time, and in such Manner, as he
shall think fit, to send the King's Children to visit the
Letter from the Scots Commissioners, that they are ordered by the Committee of Estates to wait upon the King.
For the Right Honnorable the Speaker of the
House of Peeres pro Tempore.
"The Committee of the Estates of the Parliament
of Scotland haveing sent hither some of their Number, and layd their Commaunds upon us to waite upon
the King's Majesty; wee thought fitt to acquaint the
Honnorable Houses therewith; and doe assure, as
there is nothinge which the Kingdome of Scotland doe
more earnestly desire then that there may be a happy
and speedy Period of the Troubles of these Kingdomes, foe is it their constant Resolution to preserve
a good Correspondence betweene them, and that there
may be still continued a Conjunction of the Councells
and Endeavors of both Nations, for procureing a good
Agreement and lastinge Peace betweene the Kinge
and His Parliaments. Wee rest
Worcester House, the
Report from the Visitors of Oxford University, concerning the Refusal of the V. Chancellor, and some Heads of Houses, to submit to their Visitation.
Octobris 19, 1647.
At the Committee of Lords and Commons for
the Regulation of the University of Oxford.
Ordered, That a Report be made to both Houses,
of the Summons sent to the Visitors appointed by
Parliament for Visitation of the University of Oxford,
to Doctor Fell exercising the Place of Vice-chancellor
of that University, the Heads of Houses, Proctors,
Professors, and Delegates of that University, with
their several Answers thereunto; presented to this
Committee by the Hands of Mr. Henry Wilkinson, and
the Register of the Visitors by their Order.
The Answers of Doctor Fell, exercising the
Place of Vice-chancellor, of the Heads of
Houses, Doctors, Proctors, Officers, and
Delegates, of the University of Oxonford.
1. First, After Summons sent to them severally,
by a Mandatory, they came; and first told us,
They did not know by what Authority the
Visitors did send for them; and thereupon
desired a View and a Copy of the Commission of the Visitors: Which Thing was granted
2. After the Perusal of the Commission, and according to their Summons appearing, they
brought in their several Answers, which were
to this Effect:
The Prebendaries of Christ Church present the same Answer.
That they could not submit to this Visitation; because they could not acknowledge
any Visitors but the King, or such as are
immediately sent by His Majesty. This
was the Answer of the Delegates, chosen
in a Convocation the First of June, and
appointed to give in their Answer in the
Name of the University by Name; (videlicet,)
Doctores Bayly. Med.
Baker Col. No.
2. Others said, They could not bring in
their Registers and Statutes, &c. according to the Visitors Order, because of the
Oaths which they had taken, to observe
the Statutes of their respective Houses;
which, as they say, binds them,
1. First, Not to reveal the Secrets of
their Colleges; which they must
needs do, if they should obey the
Order sent unto them from the Visitors.
2. Secondly, By Statute, some Bishops
were appointed to be Visitors of the
several Colleges; and therefore
could not without Perjury submit
to the Visitation.
These were the Answers of the Heads of
these several Colleges; videlicet,
All Soules Coll.
St. John's Coll.
Brasen Nose Coll.
"Moreover, some added to this Answer, That some
of their Society, whose Consent was requisite,
were absent from the University; and therefore could not send in their Books; (videlicet,)
Corpus Chr. Coll.
The President of Trinity Coll. answers, He
cannot get the Resolution of the Fellows, without whose Consent he cannot
come by the Books required by Order.
The Vice President of Magdalen, denying
his Appearance, sent by the Visitors
Mandatory this Answer, That his Business was within the College; and he had
nothing, nor would have any Thing, to
do in meddling with any general Business
out of the College.
Sir Nath. Brent,
The Warden of Merton Coll. professed
before the Visitors, That they should
have the Books of his College whenever they called for them.
The Master of Pembrooke Colledge, put
in by Ordinance of Parliament, brought
in what Books he could find; for he
was opposed by Mr. Whitwick, who
pretended to be Master, and was put
out by the Parliament.
Jesus Colledge, submitted to the Visitation; and sent
in their Books, according to Order.
"The Beadles of the University, being required to
bring in their Staves, the Ensigns of their Office,
answered, "The Vice Chancellor had them; who
told them, he could not deliver them without the
whole Consent of the University."
"Doctor Fell, exercising the Place of Vice-chancellor,
being Five several Times sent to by the Visitors,
to appear before them, and to bring in the Ensigns
of his Office, refused to come, and also to send
what was required; whereupon the Visitors made an
Act, by which they divested him of that Office he
pretended to: And also they made an Act of adjourning the Term till the 15th of November next;
notwithstanding which Act, Doctor Fell did begin
the Term, contrary to the Order of the Visitors,
which they published to the University, and of which
they sent him a Copy."
Ordinance to suppress Stage Plays, &c.
"For the better uppression of Stage Plays, Interludes, and Common Plays: It is this Day Ordered, by
the Lords and Commons in Parliament assembled, That
the Lord Mayor, Justices of the Peace, and Sheriffs
of the Cities of London and Westm'r, the Counties of
Midd. and Surrey, or any Two or more of them, shall
and may, and are hereby authorized and required to,
enter into all Houses and other Places, within the
Cities of London and Liberties thereof, and other
Places within their respective Jurisdictions, where Stage
Plays, Interludes, or other Common Plays, are, or
shall be, acted or played; and all such Common
Players or Actors as they, upon View of them, or
any One of them, or upon Oath by Two credible
Witnesses (which they are hereby authorized to minister), shall be proved before them, or any Two of
them, to have acted and played in such Play-houses
or Places abovesaid, and all Person and Persons so
offending, to commit to any Common Goal, or Prison, there to remain until the next General Sessions
of the Peace holden within the said City of London
or Liberties thereof, and Places aforesaid, or sufficient
Security entered for his or their Appearance at the
said Sessions, there to be punished as Rogues, according to Law."
Order for 1030 l. to Colonel Thornhagh, expended in raising a Regiment.
"Whereas it appears, by Certificate under the Hand
of the Committee of Nottingham, That Colonel
Francis Thornhagh hath expended and laid out, of
his own proper Monies, the Sum of One Thousand
and Thirty Pounds, in the Raising of a Regiment of
Horse, for the Service of the Parliament, for which
Debt as yet he hath received no Satisfaction: It is
therefore Ordered and Ordained, by the Lords and
Commons assembled in Parliament, and the said Lords
and Commons do order and ordain, That he the said
Francis Thornhagh, his Executors, Administrators,
and Assigns, shall be satisfied and paid his said Debt
of One Thousand and Thirty Pounds, out of the
Rents, Issues, and Profits, of the Lands and Estate
whatsoever of Thomas Markham, a Papist, who was
in Arms against the Parliament; and all Committees
and Agents of Sequestration, and all other Officers
employed by the Parliament concerning the Estate of
the said Thomas Markham, are to be aiding and
assisting unto the said Colonel, for his receiving the
said Rents, until the said Sum be fully paid."
Order for 114 l. to Mrs. Done, due to her late Brother Major Done.
"Ordered, by the Lords and Commons assembled
in Parliament, That it be referred to the Treasurers
of Gouldsmiths Hall, to pay unto Mrs. Jane Done,
Sister and Executrix of Major John Done, slain in
the Service of the Parliament, the Sum of One Hundred and Fourteen Pounds, or so much thereof as
shall appear to be due, upon the Public Faith or
otherwise, unto the said Major, for his Entertainment
under the Earl of Manchester, as Captain of a Foot
Company, according to the Certificate of the Committee for Accompts already certified; and that it be
charged upon the Moiety of the Receipts at Gouldsmiths Hall in Course, and paid unto Mrs. Jane Done,
or her Assigns; and that the Acquittance of the said
Mrs. Jane Done, or her Assigns, shall be a sufficient
Warrant and Discharge for the said Monies so paid.
And all former Orders or Ordinances made and passed,
for Payment of the said One Hundred and Fourteen
Pounds out of Gouldsmiths Hall, are hereby repealed,
annulled, and made void."
Ordinance for Wright to be Mayor, and Wright and Minshall to be Sheriffs, of Chester; and to choose other Officers there.
"Whereas the City of Chester hath been, and continues, grievously infected with the Plague of Pestilence, so that the Citizens thereof could not without
inevitable Danger assemble at the usual Time and
Place, to elect a Mayor, Sheriffs, and other Officers
of the said City, for this present Year: It is therefore Ordered and Ordained, by the Lords and
Commons assembled in Parliament, That Robert
Wright, Alderman of the said City, shall be Mayor
of the said City for this present Year, until the usual
Time of Election in the Year 1648, according to the
Charter of the said City; and that William Wright
and Richard Minshall, Citizens thereof, shall be Sheriffs of the same City for this present Year, until the
Time aforesaid; and the said Mayor shall take the
several Oaths which usually the Mayors of that City
at their Election have taken, which shall be administered by Christopher Blease Esquire, Alderman of
the said City, and in his Absence by the Eldest Alderman resident in the said City; and the said Mayor,
having taken such Oaths, shall give to the said William Wright and Richard Minshall the several Oaths
which the Sheriffs of the said City have usually
taken at their Elections; and the said Mayor, with
the Advice of the Aldermen and Common Council,
shall, upon the Day of the taking their said Oaths,
make Choice of such other Officers for this present
Year as are usually elected and chosen upon the
Election of the Mayor and Sheriffs; and the said
Robert Wright, Mayor, shall give unto the said Officers,
so elected and chosen, the Oaths usually taken by such
Officers: And it is further Ordained, That the
said Robert Wright, and Richard Minshall, shall be, and hereby are made, Mayor and
Sheriffs of the said City, during the Time aforesaid,
to all Intents and Purposes as if they had been elected
at the usual Time: Provided, That this Ordinance,
or any Thing therein contained, shall not for Time to
come prejudice the Charter of the said City, nor any
of the Ancient Privileges, Liberties, and Immunities
Sir A. Seaton, Leave to export Horses.
Ordered, by the Lords in Parliament assembled,
That Sir Alexander Seaton hath Liberty to transport
Three Horses into France, Custom-free, with a Groom.
Hodges to be instituted to Souldern;
Ordered, &c. That Doctor Heath give Institution and
Induction unto Thomas Hodges Clerk, Master of Arts,
to the Rectory of Soulderne, in Com. Oxon, void by the
Death of the last Incumbent; the Presentation thereof
being in the Masters, Fellows, and Scholars, of the
College of St. John's, in the University of Cambridge;
with a Salvo Jure cujuscunque.
and Jones to Llandyferrydoge.
Ordered, That Doctor Heath give Institution and
Induction unto Evan Jones Clerk, Batchelor of Arts,
unto the Rectory of Landdyferydoge, in Com. Anglisey,
void by the Death of the last Incumbent, salvo Jure
cujuscunque; he taking the National League and Covenant: Presentation under the Great Seal.
Writs of Error brought in.
This Day Mr. Justice Bacon brought in these following Writs of Error, to reverse the several Judgements
in the King's Bench:
1. Towers versus Dickenson.
2. Thomas versus Richards.
3. Patten versus Hillard.
4. Symonds versus Fitz hugh.
5. Symonds versus Wells.
6. Woodhouse versus Gudon.
7. Certior. inter Barrett & Compton Mil. & al.
8. Certior. inter Collins & Tayler.
Doctors of Laws, &c. freed from Assessments, &c. for their Chambers in Doctors Commons.
Upon the Petition of the Doctors of the Civil Laws,
read this Day in the House:
It is Ordered, That the said Doctors are, and shall
be, all and every of them, clearly freed and discharged
from all Manner of Taxes, Levies, or Assessments, of
what Kind soever, for and touching their Chambers and
Studies in The Doctors Commons, in as full and ample
Manner as any of the Serjeants, Benchers, and Barristers,
of The Serjeants Innes, and Innes of Court, have been, or
are, for their Chambers and Studies in the said Houses
respectively; and hereof all Persons concerned are to take
Notice, and govern themselves accordingly.