DIE Veneris, 12 die Novembris.
PRAYERS, by Mr. Sedgwicke.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
King escaped from Hampton Court:
The Lord Mountague acquainted the House, "That
the King escaped last Night from Hampton Court; and
these Papers were found in His Chamber:"
Which were read, as followeth:
Letter from Him to L. Mountague, which He left on His Table.
"Hampton Court, 11 Novemb. 1647.
"First, I do hereby give you and the rest of your
Fellows Thanks, for the Civilities and good Conversation that I have had from you. Next, I command
you to send this My Message (which you will find upon
My Table) to the Two Houses of Parliament, and likewise to give a Copy of it to Colonel Whaly, to be sent
to the General. Likewise I desire you to send all
My Saddle Horses to My Son the Duke of Yorke.
As for what concerns the Resolution that I have
taken, My Declaratory Message says so much, that I
refer you to it. And so I rest
"Your assured Friend,
Message from the King to both Houses; and Letter to Col. Whalley, &c.
Next, the King's Message was read. (Here enter it.)
Next, a Letter of the King's to Colonel Whaly, was
read. (Here enter it.)
Another Letter was read, without a Name, subscribed
only with E. R. (Here enter it.)
Letter from Gen. Cromwell, that the King, was seen going over Kingston Bridge.
The Speaker acquainted the House with a Letter he
received from Lieutenant General Cromwell, "That
the King, with Nine Horses, last Night, went over
Ordered, That the King's Letter to the Lord
Mountague, and His Majesty's Message, be communicated
to the House of Commons.
L. Mountague not accessary to the King's Escape.
The House declared, "That their Lordships were
satisfied, that the Lord Mountague hath with all Fidelity and Diligence performed the Trust wherein he
was employed by both Houses, in Attendance on the
King at Hampton Court; and that this Accident of the
King's going from Hampton Court doth no way reflect
upon his Integrity; neither his Lordship nor the rest
of the Commissioners having the Command of the
Cook and Harvey.
The Counsel of Cooke Plaintiff, and the Counsel of
Harvy Defendant, this Day argued the Errors, in the
Writ of Error depending in this House between them.
And upon Consideration thereof, this House Ordered, That the Word ["sciere"] in the Record be
mended, and made ["scieri"], it being but a Mistake
of the Writer; and that this House affirms the Judgement given in the King's Bench; and that the Transcript of the Record be remitted into the King's Bench,
that so Execution may be taken out.
Croker and Wise.
Ordered, That the Cause between Croker and Wise
shall be heard, by Counsel on both Sides, on Tuesday
next, upon the Practice.
Message to the H. C. with the King's Letters and Message.
A Message was sent to the House of Commons, by
Doctor Heath and Mr. Hakewill:
1. To deliver to them Letters and the King's Answer
read this Day.
The Messengers returned with this Answer:
That they have delivered the Papers to the House of
Provision for the King's Horses.
Ordered, That the Committee for the Revenue do
take Care that Provision be made for the King's Horses,
for the present.
Judgement against Morris alias Poyntz, & al.
Mr. Hakewill reported, "That he had examined the
Recitals in the Judgement concerning the Parchments
found in the Court of Wards, wherein the Lady Littleton
(fn. *) and others are concerned; and that he finds (fn. †) the
Parchment Writings truly recited in the Judgement."
Whereupon the House approved of the Judgement,
as it is drawn up. (Here enter it.)
Papers from the Committee of both Kingdoms.
The Speaker reported Two Papers from Derby House;
which were read. (Here enter them.)
Rooksby's Bail discharged.
Ordered, That the Bail of Rookesby is hereby
taken off and discharged, there being none to prosecute; Major Ormsby, who complained against him, is
gone into Ireland.
Message from the King; on His Escape from Hampton Court, that He will appear again if He can be heard, and will give Satisfaction.
"Hampton Court, the 11th of November, 1647.
"Liberty being that which in all Times hath been,
but especially now is, the common Theme and Desire
of all Men; Common Reason shews, That Kings
less than any should endure Captivity: And yet I call
God and the World to Witness, with what Patience
I have endured a tedious Restraint, which, so long as
I had any Hopes that this Sort of My Sufferings
might conduce to the Peace of My Kingdoms, or the
Hindering of more Effusion of Blood, I did willingly
undergo. But now, finding by too certain Proofs,
that this My continued Patience would not only turn
to My Personal Ruin, but likewise be of much more
Prejudice than Furtherance to the Public Good, I
thought I was bound, as well by Natural as Political
Obligations, to seek My Safety, by retiring Myself
for some Time from the Public View both of My
Friends and Enemies. And I appeal to all indifferent
Men to judge, if I have not just Cause to free Myself
from the Hands of those who change their Principles
with their Condition; and who are not ashamed
openly to intend the Destruction of the Nobility, by
taking away their Negative Voice; and with whom
the Levellers Doctrine is rather countenanced than
punished. And as for their Intentions to My Person,
their changing and putting more strict Guards upon
Me, with the discharging most of all those Servants of Mine who formerly they willingly admitted
to wait upon Me, doth sufficiently declare. Nor
would I have this My Retirement misinterpreted; for
I shall earnestly and uncessantly endeavour the settling
of a safe and well-grounded Peace, whereever I am
or shall be, and that (as much as may be) without
the Effusion of more Christian Blood; for which
how many Times have I desired, pressed to be heard,
and yet no Ear given to Me? And can any reasonable Man think, that (according to the ordinary Course
of Affairs) there can be a settled Peace without it,
or that God will bless those who refuse to hear
their own King? Surely, No. Nay, I must farther
add, That (besides what concerns Myself), unless all
other chief Interests have not only a Hearing, but
likewise just Satisfaction given unto them (to wit, the
Presbyterians, Independents, Army, those who have
adhered to Me, and even the Scotts); I say, there
cannot (I speak not of Miracles, it being in My
Opinion a sinful Presumption in such Cases to expect
or trust to them) be a safe or lasting Peace. Now,
as I cannot deny but that My Personal Security is the
urgent Cause of this My Retirement, so I take God
to Witness, that the Public Peace is no less before
My Eyes. And I can find no better Way to express
this My Profession (I know not what a wiser Man may
do) than by desiring and urging that all chief Interests
may be heard, to the End each may have just Satisfaction: As for Example, the Army (for the rest,
though necessary, yet I suppose are not difficult to
content) ought (in my Judgement) to enjoy the Liberty of their Consciences, have an Act of Oblivion
or Indemnity (which should extend to all the rest of
My Subjects), and that all their Arrears should be
speedily and duly paid; which I will undertake to do,
so I may be heard, and that I be not hindered from
using such lawful and honest Means as I shall chuse.
To conclude, let Me be heard with Freedom, Honour,
and Safety; and I shall instantly break through this
Cloud of Retirement, and shew Myself really to be
"For the Speaker of the Lords pro Tempore;
to be communicated to the Lords and Commons in the Parliament of England at
Westm'r, and the Commissioners of the
Parliament of Scotland; and to all My
other Subjects, of what Degree or Calling
Letter from Him to Col. Whaley, desiring he will take Care of the Furniture at Hampton Court; with Directions how to dispose of some Pictures, &c.
"Hampton Court, 11 Novembris, 1647.
"I have been so civilly used by you and Major
Huntington, that I cannot but by this parting Farewell acknowledge it under My Hand; as also to desire the Continuance of your Courtesy, by your
protecting of My Household Stuff, and Moveables of
all Sorts, which I leave behind Me in this House,
that they be neither spoiled nor embezzled. Only
there are Three Pictures here, which are not Mine,
that I desire you to restore; to wit, My Wife's Picture in Blue, sitting in a Chair, you must send to
Mrs. Kirke; My Eldest Daughter's Picture, copied
by Belam, to the Countess of Anglesey; and my
Lady Stanhope's Picture to Carewe Rawley: There
is a Fourth, which I almost forgot; it is the Original of My Eldest Daughter (it hangs in the Chamber over the Board next to the Chimney), which
you must send to my Lady Obigney. So, being confident that you wish My Preservation and Restitution,
"I assure you, that it was not the Letter you
shewed Me To-day, that made Me take
this Resolution; nor any Advertisement of
that Kind. But I confess that I am
loth to be made a close Prisoner, under
Pretence of securing My Life. I had almost forgot to desire you to send the
Black Grewe Bitch to the Duke of Richmond."
Letter to the King, that there was a Design against His Life in Agitation.
"May it please Your Majesty,
"In Discharge of my Duty, I cannot omit to acquaint You that my Brother was at a Meeting last
Night with Eight or Nine of the Agitators; who, in
Debate of the Obstacles which did most hinder the
speedy effecting of their Designs, did conclude it was
Your Majesty, and as long as Your Majesty doth
live you would be so; and therefore resolved, for
the Good of the Kingdom, to take Your Life away;
and that to that Action they were well assured that
Mr. Dell and Mr. Peters (Two of their Preachers)
would willingly bear them Company; for they had
often said to these Agitators, "Your Majesty is but
a dead Dog." My Prayers are for Your Majesty's
Safety, but do too much fear it cannot be whilst You
are in those Hands. I wish with my Soul Your Majesty were at my House in Broad Streete, where I am
confident I could keep You private till this Storm
were over. But beg Your Majesty's Pardon, and
shall not presume to offer it, as an Advice; it is only
my constant Zeal to Your Service, who am
9 Nov. 1647.
"To Your Most Sacred Majesty."
Judgement between Ly. Littleton, Greviile, and Barrow, versus Awdley and Smith.
Whereas the Lords in Parliament assembled, upon
the 21th of September last, gave Judgement concerning a Copy of a pretended Act of Parliament, intituled,
"An Act to enable and make good a Conveyance and
Assurance made of the Manors of Chipping Onger,
Northokenden, Southokenden, and other Lands, in the
County of Essex, and Beaves Markes, alias Buryes
Markes, in London, by James Morris Esquire, and
Gabriell Poyntz Esquire, to John Poyntz, alias Morris,
and his Heirs, and to establish the said Manors upon
the said John Poyntz, alias Morris, and his Heirs,
according to the said Conveyance;" and declared
the same to be forged and counterfeit, and therefore
to be for ever damned and canceled, as by the said
Judgement more at large appeareth:
And whereas Dame Awdrey Littleton, Wife of Sir
Adam Littleton deceased, Sir Fulke Grevill Knight, and
Maurice Barrow Esquire, by their Petition exhibited
before the Lords in Parliament, complained, "That,
notwithstanding the said Judgement, one Isabell Smith
(a Person sentenced by their Lordships, and committed to Newgate, for the said Forgery) having procured the said forged Act of Parliament, and other
forged Writings, (videlicet,) Three Fines of the
Lands contained in the said forged Act, and a forged
Pleading, setting forth the Uses of the said forged
Fines, to be written in Parchment; and having, by
some Slight, made them to seem as if they had been
written long since, did foist and shuffle in the same
amongst other Evidences and Writings remaining in
the Treasury of the late Court of Wards, and, pretending the same to be found there, obtained Copies
thereof, under the Hand of Mr. Awdley, Clerk of
the said Court, hoping thereby to gain some Credit
and Authority to the said Forgeries, and further to
impeach the Titles of the Petitioners."
To which Petition the said Isabell Smith put in her
Answer; and a Day was appointed for hearing the
At which Day, the said Isabell being present at the
Bar, and not making good any of the Particulars in
her said Answer, nor giving any Satisfaction to such
Questions as were by their Lordships demanded of her
concerning the same; and the said several Writings,
after full Examination, by hearing of Counsel, and
Witnesses produced, and also upon View of the said
Writings (being by their Lordships Order brought into
this House), manifestly appearing to their Lordships
to be gross Forgeries:
The Lords in Parliament assembled do Declare
"That the said Parchment Writings, One whereof purporteth a Fine pretended to be levied
at St. Albans, a Die Sancti Martini in Quindecim Dies, Anno 37° Eliz. between James
Morris Esquire, and John Poyntz, alias Morris, his Son, Plaintiffs, and Gabriell Poyntz
Esquire, and William Cutts, Deforceants, of
the Manor of Chipping Onger, and other
Lands and Tenements, with the Appurtenances, in Chipping Onger, in the County of
Essex; One other whereof purporteth a
Fine pretended to be levied at St. Albans, a
Die Sancti Martini in Quindecim Dies, Anno
37° Eliz. between James Morris Esquire,
and John Poyntz, alias Morris, his Son,
Plaintiffs, and Gabriell Poyntz Esquire, and
William Watts, Deforceants, of the Manors of Nothokenden, Poyntz, and Groves,
with the Appurtenances, and of divers Messuages, Cottages, Mills, Lands, Meadows,
Pastures, and other Hereditaments, in Northwokenden alias Northokenden, Southwokenden
alias Southokenden, Avely Upminster alias Upmister, Southweal, Brentwood alias Burntwood, Warley alias Warley Magna, Childerditch,
Bulfan, Bownton alias Bunton, East Thornedon, West Thorndon, West Thurrock, Grayes
Thurrock, Chawdwell, Styfford alias Stiford,
Horne Church, Basselden, and Cranham, and
of the Rectory of Northwokenden alias Northokenden, with the Appurtenances, in the said
County of Essex; One other whereof purporteth a Fine pretended to be levied at St.
Albans, a Die Sancti Martini in Quindecim
Dies, Anno 37° Eliz. between James Morris Esquire, and John Poyntz, alias Morris, his Son,
Plaintiffs, and Gabriell Poyntz Esquire, and
William Cutts Esquire, Deforceants, of Four
Messuages, Six Gardens, and Two Acres of
Land, with the Appurtenances, in the Parish
of St. Katherin Creechurch, London; One
other of the said Parchment Writings purporteth a Pleading, setting forth the Uses of
the said Fines, and beginning in these Words;
(videlicet,) "Essex, ss. In Memorandum de Banco,
Anno Tricesimo Octavo Elizabeth. (videlicet,)
inter Record. Termini Sanct. Trinitatis, Rollo
21mo, ex Parte Recordationum in Tre'rio manen
inter alia, continetur ut sequitur; (videlicet,)
Memorandum, Quod nuper invenitur in quodam
Rollo extract. de Finibus et Issues Banci in
Termino Sancti Mich'is, Annis Regni Dominæ
Nostrœ Elizabethæ Tricesimo Sexto & Septimo,
Quod Gabriel Poyntz Esquire," &c.; and One
other whereof purporteth a Copy of a pretended Act of Parliament, intituled, "An
Act to enable and make good a Conveyance
and Assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and
other Lands, in the County of Essex, and
Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell
Poyntz Esquire, to John Poyntz, alias Morris,
and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris,
and his Heirs, according to the said Conveyance;" are hereby declared to be forged
and counterfeit, and are by their Lordships
adjudged and decreed to be for ever damned
and canceled, and never to be pleaded, or
admitted to be given in Evidence, in any
Court or Cause whatsoever; there being no
Record of any such Fines, Pleading, or Act
of Parliament, to warrant the same; nor
any Term then held at St. Albans, when
the said Fines were pretended to be levied
And it is further Ordered, by the Lords in
Parliament assembled, That the said Isabell
Smith shall, by the 27th of November next,
bring, or cause to be brought, into this
House, the Copies of the said Parchment
Writings (pretended to be found in the
Treasury of the said Court of Wards),
subscribed by the said Mr. Awdeley, that
so the same may be canceled and vacated.
Paper from the Committee of both Kingdoms, with the following
"Die Jovis, 11 Novembris.
"At a Committee of Lords and Commons that
are of the Committee of both Kingdoms at
"Ordered, That this Paper now delivered in by
the Commissioners of Scotland be reported to both
"Gualter Frost, Secretary."
Paper from the Scots Commissioners, that they will consider of the Propositions, and desiring an Answer to their Desire of a Personal Treaty with the King.
"At Darby House, the 11th of November, 1647.
"Wee shall take into Consideration the Propositions
delivered unto us by your Lordships, this Afternoone.
In the meane Tyme, wee desire an Answere from
both Houses to our Letter of the 5th of this Instant.
"By Commaund of the Commissioners for
the Parliament of Scotland.
Strickland to be instituted to Lancaster;
Ordered, That Dr. Heath give Institution and
Induction unto John Strickland Clerk, Batchelor in Divinity, to the Vicarage of Lancaster, in Com. Lancasheir, void by the Ejection of Dr. Wildbore by Law,
late Incumbent there; Tobias Samuell and William
Knipe Gentlemen, Patrons: This with a Salvo Jure cujuscunque.
and Bradley to Ford.
Ordered, That Dr. Heath give Institution and Induction unto Alexand'r Bradly Clerk, to the Rectory of
Ford, in the County of Sussex, void by the Death of
the last Incumbent; salvo Jure cujuscunque; granted by
the Great Seal.
House adjourned till 10a cras.