DIE Martis, 26 die Octobris.
PRAYERS, by Dr. Hoyle.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Marret to be repaid Money for Arms for Jersey.
Upon reading the Petition of Charles Marret; shewing, "That he having laid out Monies for Swords and
other Arms, for the Defence of the Isle of Jersey,
which is to be re-paid by the State:"
It is Ordered, To be specially recommended to
the House of Commons; that the said Marrett may be
re-paid what he hath disbursed (fn. *) of his Monies, laid out
for the State.
Col. Brandling's Sequestration taken off.
Upon reading the Petition of Colonel Brandlinge,
with Certificates of the Lord Fairfax and Sir Thomas
Fairfax: (Here enter them.)
It is Ordered, That this House thinks it fit that his
Sequestration be taken off, and is hereby taken off; and
that the Concurrence of the House of Commons be
Heslerton and Hunton.
Upon hearing the Counsel of Isabell Heslerton Plaintiff, and the Counsel of Hunton and others Defendants:
It is Ordered, That the said Hunton and others are
cleared from any Contempt to this House; and it is left
to the Plaintiff to exhibit a new Petition, upon the whole
Merits of the Cause, to this House.
Message from the H. C. with a Paper to the Scots Commissioners, about presenting the Propositions; and for a Conference about them;
A Message was brought from the House of Commons,
by Sir Robert Pye Knight:
To desire Concurrence in a Paper sent up from their
Lordships, to be communicated to the Scotts Commissioners, wherein they have made some Alterations.
(Here enter it.)
Agreed to; and Ordered to be communicated to
the Scotts Commissioners this Afternoon.
2. To desire a Conference, so soon as it may stand
with [ (fn. †) their Lordships] Conveniency, touching the
Ordered, To give a present Conference, in the
and with Orders, &c,
3. An Order for adding more Persons to the Committees for Assessments in The Savoy, &c.
(Here enter it.)
4. An Order for adding more Commissioners for the
City of Wor'ster, named in the Ordinance for the
Monthly Assessments of Sixty Thousand Pounds.
(Here enter it.)
5. Several Votes concerning the Army, and Forces for
Ireland. (Here enter them.)
6. An Order concerning the Commissioners for Kingston upon Hull. (Here enter it.)
The Answer returned was:
That this House agrees to the Papers to be delivered
to the Scotts Commissioners; and that it be delivered to
them this Afternoon: That this House appoints a present Conference, in the Painted Chamber: To all the
rest, they will send an Answer by Messengers of their
Lady A. Littleton, Sir F. Greville, & al. versus Awdley and Smith.
Ordered, That Isabell Smith shall put in her Answer,
in Writing, to the Petition of Sir Foulke Grevill and
others, by Saturday next; and if she neglect to do it,
then this House will take it pro confesso against her; and
that the Cause shall be heard, against Hugh Awdley and
her, the 2d of November next, at which Time Parties
and Witnesses on both Sides shall then attend.
The House was adjourned during Pleasure, and the
Lords went to the Conference:
Which being ended, the House was resumed.
And Ordered, That the Report of this Conference
shall be on Thursday Morning, at which Time all the
Lords are to have Notice to attend the House.
L. Roberts, excused.
Ordered, That the Lord Robertes is excused for
his Absence this Day, in regard of his ill Health.
Williamson Hoste versus Lynnen, in Error.
Upon Report this Day brought into the House, under
the Judges Hands, by virtue of an Order of Reference
of the 28th of May last, between William Williamson
Hofte Plaintiff, in a Writ of Error, against Mathias Lynnen
Defendant: It is Ordered, That the Judgement in
the King's Bench in the said Cause be affirmed; and the
Transcript of the Record sent back, that Execution may
be taken out according to Course.
Wilson and Glover.
Ordered, That the Business concerning Dr. Wilson
and Mr. Glover shall be taken into Consideration on the
17th of November next, at this Bar; at which Time,
the Counsel and Witnesses in the said Cause are then
Paper to the Scots Commissioners, about presenting the Propositions to the King.
"The Commissioners of the Kingdom of Scotland
to be acquainted;
"That both Houses have Resolved, That they will
Once again make Application to the King, for those
Things which the Houses shall judge necessary for
the Welfare and Safety of the Kingdom.
"That, in order thereunto, the Houses are in Consideration, what Things to propound and insist upon
for the Interest of the Kingdom of England, which
they hope they shall have perfected within Ten Days;
and shall, when they are perfected, impart the Particulars thereof to the Commissioners of Scotland."
"That they shall be ready to join with the Commissioners of the Kingdom of Scotland, to insist on
the same Things for the Peace and Interest of that
Kingdom, which were formerly propounded in Behalf thereof, in the late Propositions of both Kingdoms; or, if any Alterations in Behalf of that Kingdom be thought fit, the Houses desire they may be
prepared and perfected within the Time aforementioned, that so no Time may be lost for the joint
sending of such Things to the King as shall be agreed
on for the Interest and Peace of the Kingdoms respectively."
Committee for Assessments in Westminster.
"Ordered, by the Lords and Commons assembled
in Parliament, That John Hooker Esquire, Mr. George
Merrifeild, Mr. Kellaway Guydatt, be added to the
Commissioners, in all Assessments for Westm'r Liberty,
in the Parishes of Clement Danes and The Savoy."
D° for Worcester;
"Ordered, by the Lords and Commons assembled
in Parliament, That Edward Elwins Alderman, Francis
Streete, Francis Francks, Edward Pitt, William Hughes,
Fulke Estopp, Gentleman, be added to the Commissioners for the City of Worcester, named in the
Ordinance for the Monthly Assessments of Sixty
"Ordered, by the Lords and Commons in Parliament assembled, That John Whorwood, Alexand'r
Wightwick, Mathew Morton, Richard Flyer, Edward
Broughton, John Shetwood, George Bowes, Esquires,
and Francis Comberford Gentleman, be added to the
Commissioners for the County of Staff. for raising
Monies upon the Ordinance for Sixty Thousand Pounds
Committee of the Army to audite the Accompts of the Soldiery that are in England, and those going to Ireland.
"Ordered, by the Lords and Commons assembled
in Parliament, That whereas, by the Resolutions of
both Houses, of the 22th of September last, such as
engage for Ireland, are to have their Accompts stated
by the Committees of the several Counties, and Debentures given them: It is now Ordered, That such
as disband shall have their Accompts in like Manner
stated by the Committees of the several Counties,
and Debentures given them: And it is further Ordered, That Power be, and is hereby, given to the
several Committees in the several Counties, to whom
it is referred to state the Accompts, and give Debentures to such as disband, or go for Ireland, to administer an Oath unto such whose Accompts they
state and give Debentures unto, to the End it may
be discovered what Monies such Persons have received, and where; and that the Lists upon which
any Monies have been paid be forthwith printed,
and Copies of them sent to the several Committees,
together with Instructions; and that it be referred
to the Committee of the Army, to give Order for
the Printing of the said Lists, and for the sending
of them to the several Committees, together with
"Resolved, by the Lords and Commons in Parliament assembled,
"That whereas, by the same Resolutions of 22 Sept. 1647, Letters are to be written to the several Committees under which any of the Forces have served, that engage for Ireland, to require the speedy Dispatch
of their Accompts: It is Ordered, That the Committee of the Army be authorized, in the Name of the
Houses, to write those Letters, as well for those that engage for Ireland, as those that disband; and to desire
the respective Committees for the respective Counties to supply Monies for disbanding of Forces within their
Counties, and to be re-paid out of their Assessments.
"That it be left to the Committee of the Army, upon Advice with the General, or such as he shall appoint;
to issue such Money as shall be necessary for the Supply, Reducing, and Disbanding, of Forces and Garrisons.
"Whereas the Houses have, by Ordinance, appointed Eight Thousand Pounds, out of the Assessments, to
be paid to the Garrison of Plymouth: It is now Ordered, That Part of that Eight Thousand Pounds be employed towards the Payment of Two Months Pay, in order to the Reducing or Disbanding of such as are to
be reduced or disbanded there; and the rest of the Money to be employed towards the Payment of Quarters
within the Town, to make good Colonel Welden's Engagement; and what wants, the Committee of the Army
to take Care to supply, out of the Assessments; and to take Care that the Accompts of the Forces of this
Garrison be stated, and Debentures given, as for the rest.
"That the Six Thousand Foot now designed for Ireland be in Six Regiments, both in regard of the easier
obtaining of their Numbers, and of the great Need of Officers to be intrusted in several Commands there,
and for the more easy Distribution of the Forces to several Employments when they come there.
"That a Major, or a Lieutenant Colonel, be appointed for the Five Hundred Dragoons designed for Ireland,
so as they may be more apt to be commanded in a distinct Body from the Regiments of Horse when there shall
be Occasion; and that they may not be affixed to the Regiments of Horse, which would render them less useful
there, and apt to think themselves not obliged to pass upon Duty but with the Regiments to which they
should be affixed.
"That certain Persons be appointed, by Ordinance of Parliament, to state and audit the Accompts of all the
Officers and Soldiers that are, or have been, of the Army, due as well on Public Faith, as present Pay, during
their Service in this Army, or in any other Service of the Parliament, by such Ways and Means as they shall
think fit; and to give Debentures, deducting for Free Quarter, out of the Arrears due to the Officers and
Soldiers for their Service in this Army, according to the Proportions hereafter expressed; (videlicet,)
|"From every Horseman and Non Commission Officer of Horse,
|| 12d. per Diem.
|"From every Dragooner and Non Commission Officer,
|| 9d. per Diem.
|"From every Foot Soldier and Non Commission Officer of Foot,
|| 4d. per Diem.
"From the Officers of the Train of Artillery, and Artificers and Attendants thereon, as followeth; (videlicet,)
|"At Two Shillings per Diem,
per Diem to be deducted.
|"At Eighteen Pence per Diem,
|"At Four Shillings per Diem,
||Gentlemen of Ordnance,
|"At Two Shillings and Six Pence per Diem,
||All Officers and Artificers with Horse,
|"At Two Shillings and Six Pence per Diem,
||Artificers of Foot,
"From all Officers in Commission, according to the Proportions following; videlicet,
"Officers in Commission of Foot and Train,
|"Officers in Commission of Horse and Dragoons, for themselves and Horses,
||⅓ of the Pay due to them.
|"From the Gentlemen of the Life Guard, and other Persons, as Deputies, Clerks, Assistants, Chirurgeons Mates,
|"From the Ministers,
"With this Exception, that if any Man can prove that he hath paid Quarter for more Time than the
Space he hath been paid for, he shall have proportionably full Pay for so much Time over.
"That the Persons employed in this Service be enabled with such Powers as may be necessary to carry on
the Business, and the clearing of such Doubts as may arise; and to employ Persons under them, and to pay
them for their Pains; and the Treasurers at Wars, and Commissaries of Musters, to attend for this Service.
"Ordered, &c. That the Committee of the Army, or such as they shall appoint, be the Persons that shall
be employed in the Service of stating and auditing the Accompts and Arrears of the Soldiery; and that the
said Committee do prepare, and bring in, an Ordinance upon these Votes touching this Business, with Power
sufficiently to enable them to carry on this Service."
Ordinance for raising the Monthly Assessment in Kingston upon Hull.
"Whereas, by an Ordinance of Parliament, dated
the 23th of June, last past, for the raising of Sixty
Thousand Pounds per Mensem, towards the Maintenance of Forces within this Kingdom, under the
Command of Sir Thomas Fairefax Knight, and for
the speedy transporting of and paying the Forces
for carrying on the War of Ireland, the Monthly
Sum of Fifty (fn. *) two Pounds, Eighteen Shillings, and
Nine Pence, is hereby appointed to be assessed upon
the Town of Kingston upon Hull (and the County of
Kingston upon Hull is omitted); by Means whereof,
the Commissioners appointed by the said Ordinance
for the said Town and County of Kingston upon
Hull do forbear to assess the said Sum:
"The Lords and Commons assembled in Parliament do ordain, That the said Sum of Fifty-two
Pounds, Eighteen Shillings, Nine Pence, shall be
assessed and levied upon the said Town and County of
Kingston upon Hull, by the Commissioners mentioned
in the said Ordinance.
"And whereas some Doubt doth arise amongst divers of the Commissioners and others intrusted with
the Execution of that Ordinance, whether they can
proceed to assess and levy the said Assessments which
incurred before the Date of the said Ordinance: It
is further Ordained and Declared, That the said
Commissioners, and others therein intrusted, have
Power to assess and levy the said Monthly Assessments which did incur in the Time before the Date
of the said Ordinance, as since."
Brandling's Petition, to clear his Estate from Sequestration.
"To the Right Honourable the Lords and Commons assembled in Parliament.
"The humble Petition of Colonel Robert
"That your Petitioner, being heretofore misguided,
served the King, in this War against the Parliament; but, when the Earls of Leven and Manchester and the Lord Fairefax, with their Armies,
did besiege the City of Yorke, he did then render
himself to the said Generals, and engaged to serve
the Parliament; and accordingly (to redeem his former Mistake) did raise a Regiment of Horse at his
own Charge, and therewith hath in Person faithfully served the Parliament during the War, and for
which Service there is a great Arrear of Pay due to
him; your Petitioner, upon his Reception to the Parliament's Service, having the Engagement of Three
Generals, that his former Mistake should not be
made Use of to his future Prejudice either in Person or Estate: All which will appear by their Lordships and his Excellency's Certificates hereunto annexed.
"And further sheweth, That, sithence your Petititioner's Engagement in the Parliament's Service, he hath
married a Wife, by whom he hath a competent Fortune, which is the present Livelihood and Subsistence of
your Petitioner (he being a Younger Brother); which
Estate of your Petitioner's, so had by Marriage
with his Wife, hath been endeavoured to be sequestered, by the Committee for Sequestrations in
the West Ryding of the County of Yorke, upon Pretence of your Petitioner's Delinquency, for serving
the King, before he submitted and served the
Parliament: But, upon Consideration of your
Petitioner's Case, upon Hearing, they suspended
the Sequestration thereof, and made an especial
Certificate to the Committee of Lords and Commons for Sequestrations; a Copy of which Certificate is hereunto also annexed.
"Now, in regard that, by the strict and severe
Construction of the Ordinances of Parliament for Sequestration, he may be adjudged
a Delinquent for his former adhering to the
King, notwithstanding his After-service to the
Parliament, and the said General' Engagements;
"Your Petitioner humbly prays, That your
Lordships will be pleased to take the
Premises into Consideration; and, by
your Order, to discharge the Petitioner
and his Estate from Sequestration.
"And he shall pray, &c.
Certificate from Sir T. Fairfax, in his Favour;
"These are to certify whomsoever these may concern, That whereas Colonel Robert Brandlyn was
formerly engaged against the State; yet, upon his
Submission to the Earl of Leven, the Earl of Manchester, and the Lord Fairefax, together with the
Commissioners of both Kingdoms then residing at
Yorke, he received Commission from the Lord Fairefax, as Colonel, and behaved himself with much Fidelity and Resolution in the Service, according to
his Quality and Fortune, both by his levying Horse
and Arms, and actual serving with them against the
Enemy, by whom he came to great Loss; in which
Service he faithfully continued until he was reduced
by Order: All which I thought fit to certify on his
Behalf; and do recommend him to all whom these
may concern, to look upon him as One who hath
with much Fidelity served the Parliament since his
Reception, and so to be dealt withal accordingly.
"Given under my Hand the 19th Day of October, 1647.
and from L. Fairfax.
"These are to certify whom it may concern, That
whereas Colonel Robert Brandlins was formerly engaged against the State; yet, upon his Submission
to the Earl of Leven, the Earl of Manchester, and
myself, together with the Commissioners of both
Kingdoms then residing at Yorke, it was agreed on,
after the Battle at Hessa-more, myself then Commander in the North, that I should give him a Commission, upon his Reception to our Party, the Earl
of Leven promising Surety for his faithful Deportment; his Lordship affirming to me, "That he would
continue constant to his Engagement; and that the
former Mistakes were not to be imputed to him, or
to be made any Use against him to his future Prejudice, either in Person or Estate:" All which, to
my best Knowledge, hath on his Part been really
performed, according to his Quality and Fortune,
both by his levying Horse and Arms, and (fn. *) actual
Service with them against the Enemy, by whom he
came to great Loss; he having received nothing, that
I know of, from the State, for any Pay, but One
Forty Pounds, which was for the relieving of his
Prisoners out of Pontfract Castle, and his own immediate Distress; and also he was obedient to all
Orders that were directed to him, that did conduce to
the discharging of his Place; and did continue in the
through all Inconveniences, until he was reduced
by Order, as his Debentures do sufficiently testify.
10 Junii, 1647.
Report from the Committee for Sequestrations in the W. Riding of Yorkshire, about Brandling's Sequestration.
"25 Junii, 1647.
"By the Standing Committee of Sequestrations
for the County of Yorke.
"Whereas, by the Instructions for Sequestrations of
Delinquents Estates, we are directed, That wherein
we shall conceive any Doubt, we are to certify the
same to the Committee of Lords and Commons for
that Service, to the End we may thereupon receive
further Direction in that Behalf:
"The Case is now,
"That Colonel Robert Brandling did formerly
bear Arms, under the Earl of Newcastle,
in the Northern Parts, against the Parliament;
"Until, the 23th of July 1644, upon his Submission to the Earl of Leven, the Earl of
Manchester, and the Lord Fairefax, with the
Commissioners of both Kingdoms then residing at Yorke, it was agreed, after the
Battle at Hessey Moore, That, the said Lord
Fairefax being then Commander in Chief in
the North, the said Colonel should be received into the Parliament's Service: And accordingly he then received his Commission
from the Lord Fairefax, to serve as Colonel
of Horse; and hath on his Part performed
the Service, both by levying Horse and Arms,
and actually serving with them against the
Enemy, until he was reduced, as by a Certificate from the said Lord Fairefax is more
at large declared; and hath (fn. *) not, since his
said Reception, done any Disservice to the
"The Question is, Whether the Estate Real
and Personal, which the said Colonel
hath, in Right of his Wife, within the
West Ryding of the County of Yorke,
ought to be sequestered, only by reason
of his Delinquency before his said Reception into the Parliament's Service?
"Wherein this Committee humbly desires to be resolved by your Lordships.
"Jo. Farrar. Edw. Rodes.
Jo. Bright. Ro. Barwicke."
Paper to the Scots Commissioners, about presenting the Propositions.
"Ordered, by the Lords and Commons in Parliament assembled, That the Members of both Houses,
that are of the Committee of both Kingdoms, do
communicate unto the Commissioners of the Kingdom of Scotland, this Afternoon, the Paper agreed
upon this Day, concerning making Application to
the King, for those Things which the Houses shall
judge necessary for the Welfare and Safety of the
Committees to receive a Letter from the Fr. Ambassador.
Ordered, by the Lords in Parliament assembled,
That the Committee of both Houses of Parliament
for Foreign Affairs is, this Afternoon, at Three of
the Clock, to receive from the French Ambassador
a Letter, which he hath received from the French
King, directed to the Parliament of England; and
afterwards to make Report to the Houses respectively.
The said Meeting to be in the Painted Chamber, near the House of Peers.
Ly. Littleton & al. versus Audley and Smith.
It is this Day Ordered, by the Lords in Parliament assembled, That Isabell Smith shall put in her
Answer on Saturday next, to the Petition of Dame
Awdrey Litleton, late Wife of Sir Adam Litleton deceased, Sir Fulke Grevill Knight, and Maurice Barrow Esquire; and in Default thereof, this House will
take it pro confesso, and proceed thereupon.
And it is further Ordered, That the Cause between the said Lady Litleton, Sir Fulke Grevill, and
Maurice Barrow Esquire, Plaintiffs, and Hugh Awdley
Esquire, Isabell Smith, and others, Defendants, shall
be heard, at this Bar, on Tuesday the 2d of November
next; at which Time the Parties, by their Counsel,
shall attend accordingly,
Hieron to be instituted to St. Michael's Harbledown.
Ordered, That Dr. Heath give Institution and Induction unto Sampson Heiron Clerk, Master of Arts, to
the Rectory of St. Michaell's Harbledowne, in Com.
Kent, void by the Death of the last Incumbent; salvo
Jure cujuscunque; he taking the National League and
Covenant, and producing his Presentation under the
Williamson Hoft and Linnen. in Error.
"According to your Lordships Order of the 18th
of May last, in the Cause between William Williamson Hoofe Plaintiff, in a Writ of Error against Mathias Lynnen Defendant; we have several Times
heard Counsel of both Sides; and, upon Consideration had of the Errors assigned and insisted upon
by the Counsel, we are of Opinion, That the
Judgement in the King's Bench, in the said Cause,
ought to be affirmed.
"All which nevertheless we humbly submit to
your Lordships grave Judgements.
20 Octobris, 1647.
House adjourned till Thursday Morning next, at 10.