DIE Mercurii, 22 die Novembris.
Lords present this Day:
Ds. Grey de Warke, Speaker.
Comes Essex, Lord General.
L. Viscount Say & Seale.
E. of Kent takes his Seat without a Writ of Summons.
This Day Henry Earl of Kent, upon the Death of
Anthony Earl of Kent his Father, came and sat in this
House upon his Succession, without a Writ from the
Answer from the H. C.
The Messengers sent to the House of Commons on
Monday last return with this Answer:
That, (fn. *) concerning the Paper of the Earl of Stamford's, they have taken the same already into Consideration,
and have put it into a Way; and concerning the Three
Divines, videlicet, Dr. Homes, Mr. Goodwin, Mr. Horton, to be added to the Assembly, they will send an
Answer by Messengers of their own.
Clotworthies and Middleton.
Upon reading the Petition of the Clotworthys, against
Symon Middleton and his Wife, &c. desiring "a new
Day may be appointed, for the Hearing of the said
Cause:" Hereupon this House Ordered, That this
Cause shall be heard, by Counsel, at this Bar, on Monday
next; at which Time the Parties with their Witnesses on
both Sides, together with the Referees, shall attend.
Message from the H. C. for a Conference on the following Particulars;
A Message was brought from the House of Commons, by Sir Rob't Pye Knight, and others:
1. To desire a Conference touching the Great Seal.
2. The French Ambassador's Memorial.
3. And Papers received from Scottland.
and with Orders, &c.
4. To desire Concurrence in these Orders following:
1. Concerning Sir Wm. Morley. (Here enter.)
2. An Order for providing a Winter's Fleet, to
guard the Narrow Seas. (Here enter it.)
3. An Order concerning South'ton, and the raising
of Monies for fortifying that Town.
(Here enter it.)
4. Additional Instructions to Theodore Haak, and
Ric'd Lowther, and Ric'd Jenkes, employed by
the Parliament to the King of Denmarke, and
Queen of Sweden, &c Here enter them.)
The Answer returned was:
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired; and concerning
the Orders now brought up, their Lordships will send
an Answer by Messengers of their own.
The House was adjourned during Pleasure; and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference, concerning the Paper from the French Ambassador.
The Speaker reported now so much of the Conference
as concerns the Paper received from the Prince De Harcourt:
"1. That they, having considered of the said Paper,
have thought fit to make a Declaration, wherein they
desire their Lordships Concurrence, and likewise in
an Order to the Militia of London."
The Declaration was read, as followeth:
Manner of receiving Papers from Ambassadors.
"That the Lords and Commons do Declare, That
nothing shall be received from any Ambassador or
Minister of Foreign States, by either of the Houses
of Parliament, unless the same be immediately directed to One or both of the Houses, or their Speakers, attested under the Hands of such Ministers or
Order for their Couriers to be treated civilly.
The Order was read to the Militia, and Agreed to
with a small Alteration. (Here enter it.)
Answers to the French Ambassador.
Next was read, "The Answer to the First Part of
the Paper of Prince Harcourt;" which this House
approved of, and appointed the Earl of Northumb. to
convey it to the Ambassador. (Here enter it.)
Next was read, "The Answer to the Second Part
of Prince Harcourt's Paper, touching his Courier;"
which was Agreed to with a small Alteration.
(Here enter it.)
And the Earls of Lyncolne and Salisbury were appointted Committes, to join with a Committee of the House
of Commons, to deliver the said Answer to the French
Ambassador this Afternoon.
Message to the H. C. that the Lords agree to them;
A Message was sent to the House of Commons, by
Sir Edward Leech and Dr. Aylett:
To let them know, that this House agrees in the Declaration concerning Ambassadors subscribing what they
deliver to the Parliament; and likewise this House
agrees to the Answer of the First Part of Prince Harcourt's Paper as (fn. *) it came up.
Touching the Second Part, concerning his Courier,
this House agrees to the same with some Alterations.
Likewise this House agrees to the Order concerning
the Militia to use Prince Harcourt's Couriers civilly, with
some small Alterations.
for Committees to present the Answers to the French Ambassador;
That their Lordships have appointed Two Lords, to
join with a proportionable Committee of the House of
Commons, to deliver the Answer to the Ambassador
concerning the Couriers, this Afternoon, at Four a
and that the Lords agree to the Orders brought up.
Also to let them know, that their Lordships agree to
the Order for South'ton, for Sir Wm. Morley, the Order
for the Winter Fleet, and to the (fn. †) additional Instructions for Haak, Lowther, and Jenkes, that are to go to
Jennings and Sir Thomas Dawes.
Upon the Petition of Sir Thomas Dawes Knight,
desiring, "before he delivers in the Bonds concerning Mr. Jennyn's Business, he might be heard by his
Counsel:" Which this House appointed to be heard
on Saturday next.
Mr. Smart's Cause.
Ordered, That this House will proceed in Mr.
Smart's Business on Monday next come Three Weeks,
at which Time the Defendants as are within the serving
of the Order shall be summoned to appear before this
House; and all Witnesses are then to attend.
"Whereas the Lords have received from the Prince
De Harcourt, by the Earl of Northumberland, a Paper
in these Words: videlicet,
French Ambassador's Paper, for conciliating the Differences between the King and the Two Houses.
"Memoire pour faire souvenir M. le Comte De
Northomberland, que M. le Prince De Harcourt, Pair
& Grand Escuyer de France, Ambassadeur Extraordinaire en Angleterre, la prie de rapporter À Messieurs du Parlement, qu'l a eu l'Honneur de voir leurs
Majestéz de la Grande Bretaigne, ausquels il a fait entendre le Desir très-affectionné que le Roy son Maistre
et la Reyne sa Majestresse ont de contribuer toutes
Sortes d'Offices, pour leur procurer Repos & Tranquilité dans leurs Estats, par une bonne Paix; À quoy
ayant trouvé les Sentiments de leurs dittes Majestéz
disposéz, M. le Prince De Harcourt desire scavoir, si
(come il croit) ils correspondent a de ci droittes Intentions; au quel cas, apres qu'ils luy auront fait
connoistre le Sujet qui les a obligéz de recouvrir aux
Armes, il offre de s'entremêttre pour paciffier leurs
Differents par Expedients les plus conformés aux
aunciennes Loix, Coûstumes, & Ordonnances de ce
Royaume, qui se pourront proposer de toutes Parts.
"And have communicated it to the House of Commons.
"The Lords and Commons, upon Consideration
thereof, do think fit that this Answer shall be returned
thereunto by the Earl of Northumberland, unto the
Prince De Harcourt:
Answer from the Two Houses to the Ambassador.
"That the Lords and Commons assembled in the
Parliament of England will always with due Respects
acknowledge such good Affections, as from the King
his Master and the Queen his Mistress shall be at any
Time expressed to the King and His Kingdoms; professing they desire nothing more than such a Peace
as may as well procure Honour and Happiness to the
King, as the Preservation of the true Reformed Religion, the Privileges of the Parliaments, and the Liberties of the Subjects in His Majesty's Three Kingdoms, according to their late Solemn League and Covenant: And when the Prince De Harcourt shall,
from and in the Name of the King his Master, propose any Thing to the Lords and Commons assembled in the Parliament of England, they will thereupon do that which shall be fit, and which shall
justify their Proceedings to all the World.
"To the Second Part of the Paper from the Prince
D'Harcourt, concerning the Courier as was searched
at the Court de Guard, this Answer was returned as
His Couriers not to be molested.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That some Persons be
sent from both Houses to the Prince De Harcourt, to
excuse what is passed concerning his Couriers, as that
which is done without their Privity or Allowance;
and to let him know, that, for the future, both
Houses have Ordered, That, when his Posts shall
pass by the Guards of this City, they shall be brought
without further Trouble or Molestation to the Parliament, or before the Committee for the Safety of
Order to the Militia for that Purpose.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee
for the Militia do give Order, That no Captain of
the Guards do presume to search, or uncivilly to use,
any of the French Ambassador's Servants that come to
pass their Guards; but, if there be Cause to suspect
them, to bring them to the Parliament, or before the
Committee for the Safety of the Kingdom."
Sir William Morley's Sequestration discharged, upon paying 1000 l.
Whereas the House of Commons, upon the humble
Submission of Sir William Morley Knight, to the Mercy
of that House, for his Delinquency and Offences
against the Parliament, and upon the Certificate of
divers Members of that House, and others, Committees
for Sequestrations of Delinquents Estates, in the County
of Sussex, "That he had taken the Covenant, and was
ready wholly to submit himself to the House of Commons," did, upon the 9th of September last, Order,
That the said Sir Wm. Morley should pay unto the
Garrison of Portsmouth One Thousand Pounds; and
thereupon the said Sir William Morley to be discharged
of the Sequestration of his Estate, and be restored to the
Possession thereof; and forasmuch as the said Sir William
Morley hath paid the said One Thousand Pounds accordingly: It is thereupon Ordained, by the Lords and
Commons, That the said Sir William Morley shall be
discharged of the Sequestration of his Estate, from the
said 9th Day of September, according to the Order of
the House of Commons in that Behalf made; and that
the Committees for Sequestrations of Delinquents Estates
in the County of Sussex shall restore him to the Possession thereof, and of the Rents due and received since
the said Ninth of September.
Order for a Winter's Fleet, to guard the Narrow Seas.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Nineteen of His
Majesty's Ships, and Three and Twenty Merchants
Ships, shall be employed as this Winter's Fleet, for
the Space of Six Months, for the Defence of the
Narrow Seas, and of His Majesty's Kingdoms of
England and Ireland; and that the Lords and others,
Commissioners of the Admiralty and Cinque Ports,
do take effectual Care for the timely sitting, victualing, manning, and setting forth the said Number of
Ships, in Warlike Manner, according to Custom."
Ordinance to raise Money for fortifying Southampton.
"Whereas the Safeguard of the Town and County
of South'ton is of great Consequence to the whole
Kingdom; and whereas it appeareth to the Lords
and Commons in Parliament assembled, to be very
necessary for the Security and Defence of the said
Place, that a great Force should there be raised and
employed, in Watching, Warding, suppressing Insurrections, fortifying the said Town and County;
and for doing all such other Acts and Things as
they shall be thereunto directed and commanded by
Authority of both Houses of Parliament: Be it now
Ordained, by the said Lords and Commons, That,
towards the Payment of all such Forces as are there
raised, or to be raised, by Authority aforesaid, and
towards the paying and defraying of all such necessary Charges for the making and continuing of such
Fortifications as are there made, or to be made, for
the Security thereof, all such Sums of Money as are
or shall be raised in the said Town and County of
South'ton, by virtue of Two late Ordinances of Parliament, or either of them, the one being an Ordinance for the levying of Money by Way of Excise
or New Impost, the other an Ordinance for the sequestering of the Estates of Papists and notorious
Delinquents; and also all Sums of Money as shall
be raised in the Division of Fawley, in the County of
South'ton, by virtue of the said Ordinance for Excise,
may be issued forth and paid, for the Use aforesaid,
upon any Warrant or Warrants in Writing, under
the Hands of Richard Norton Esquire, Thomas Mason
Mayor of South'ton, Captain Murford, Richard Mayor
Esquire, Edward Hooper Esquire, George Gollopp,
Edward Exton, Robert Wroth, and Henry Bracebridge,
Aldermen, or any Two of them: And it is further
Ordained, by the said Lords and Commons, That
all and every Receiver and Receivers, Treasurer or
Treasurers, of all Sum and Sums of Money raised
in the said Town and County, and Division of Fawley aforesaid, by virtue of the said Ordinances, or either
of them, shall, upon any Warrant subscribed as aforesaid, issue forth and pay the same, according to the
Effect of the said Warrant, which shall be a good
Discharge for so much Money as they shall make
Payment of accordingly: And it is further Ordained,
by the said Lords and Commons, That a Duplicate
shall be made of all Warrants, directed to any of the
said Receiver or Receivers, Treasurer or Treasurers,
for the issuing forth of any Sums of Money, upon
which Payment hath been made accordingly, by
virtue of this present Ordinance; One Part whereof
shall be kept by the said Receiver or Treasurer for
his or their Discharge, and the other Part to be delivered in (within One Month after the issuing forth
of each several Warrant) to the Speaker of the House
of Commons, where the said Committee, and the
said Receiver and Receivers, Treasurer or Treasurers,
are to be accountable for the same: And be it lastly
Ordained, by the said Lords and Commons, That all
and every of the said Committee, Receiver, and Treasurers, shall be protected, defended, and saved harmless, in whatsoever they shall do in Pursuance hereof, by the Power and Authority of both Houses of
"Additional Instructions, with those that formerly
were given by the Lords and Commons in
Parliament of England to Theodore Haake and
Robert Lowther, for Richard Jenkes, appointed to repair also to the King of Denmarke,
and from thence to the Queen of Sweden, and
other Princes and States of the Balticke
Instructions for Mr. Jenkes, Envoy from the Two Houses, to the King of Denmark, Queen of Sweden, &c.
"The Instructions given to Mr. Haacke and Mr.
Lowther, whereof you shall receive a Copy, must
serve you also in this your Employment; so that by
the same you are to be guided in all those Parts,
and with all those Princes and States, they have received Directions and Letters unto; and therefore,
not to repeat the Particulars there expressed, you are
generally and every where (where it shall be fit and
needful) particularly to represent the rigorous and
unjust Proceedings of the King of Denmarke against
us, in arresting the Ships and Goods of the English
Merchants that from any Place come into His Reach,
going either to or from Hamburgh and Norway, or
through The Sound, whereby those Public Passages
and Free Streams, and that Freedom of Commerce,
which the Laws of God, Nature, and Nations, do afford all Men, especially to all those that are allied by
particular Treaties and ancient Friendship, and dwell
in or about The Balthicke Sea, are hindered, and without any sufficient Cause stopped and forbidden; the
Consequence whereof is conceived to concern all
Princes Estates, whose Subjects, Ships, and Goods
(though passing as yet freely) may at some other Time
and Opportunity be also stayed and confiscated, whensoever that King may get any Pretence of any imaginary Offence or Distaste, as He now doth against
us, without any just Cause, as is more amply expressed in the said former Instructions: It is therefore
instantly desired of all and every of these Princes and
States, especially The Hans Townes, and all such as
use Commerce with them or otherwise, (fn. *) as The Balthick Sea, to take this Wrong done to the English
Nation to Heart, and, considering that what now is
our Case may shortly be theirs, and foreseeing (in
their Wisdom) the ill Consequences and Effects that
needs must redound to many of them, that they
would with a generous and Christian Resolution join
their best Endeavours with ours, to remove all such
Impediments of the Public Trade in all that Track,
and, uniting their Reasons and Mediations with our
Remonstrances and just Desires presented to that
King by our Deputies, both formerly and now, sent
expressly to rectify His Misconceipts, remove His
Misinformations, and reconcile His Royal Affections unto us, whose Actions shall always be conformable to Justice and Reason, or upon better Information reduced thereunto; and even those which
have been most misapprehended will, upon Examination, we doubt not, be found to be agreeable
not only to the fundamental Principles of our own
State, but also to the Laws of Nature and Nations;
for it is manifest that there are yet some Danish
Ships hovering about the Coasts of France, wherein both Men and Ammunition are transported from
thence, and intended to be here landed, for the Destruction of our Religion and Liberty: These and
the like Points (more amply expressed in the forenamed Instructions), and what else may best conduce
to persuade (fn. †) and manifest the Justice of our Cause,
must be seriously pressed every where where you
have Credential Letters unto; as at Bremen and Hanburgh, where your Industry will quickly discover
what Success the Gentlemen sent before you have
had in their Negociation; and then also with the
Elector of Brandonburgh, and with the Queen of
Sweden, and Dantzig (having first sufficiently conferred, advised, and resolved upon all the Matter with
the said Mr. Haack and Mr. Lowther, and also with
Mr. Avery the Deputy at Hanburgh); you must use
your best Endeavours to induce them to concur, in
their best Advices, intercessary Offices, and effectual
Resolutions and Assistance (in Case the King of Denmarke, against all Expectation and Reasons, should
persist in His rigorous Proceedings) with us, to bring
Him to see His Errors, and rectify His Misconceipts: But, to shew the better the Truth of our
Differences, and of all the unhappy Distractions of
this Kingdom, you are to carry with you, and to
communicate as much as you can in all those Parts,
all the Orders made by both or either of the Houses
of Parliament, and all other best Pieces written for
our Justification, and in Defence of our just Army,
and for the Discovery of the dangerous and bloody
Plots made against our Lives, Religion, and Liberties, as well by the (fn. *) Prelatical as Papistical Party;
of all which Particulars our last Covenant, taken by
both Kingdoms of England and Scotland, translated
into Latin, French, and German, whereof you are to
carry divers Copies with you, and the pious Resolution of both these Realms to stand as Brethren together, for so just and great a Cause, in a mutual
Defence, are manifest and sufficient Testimonies."