DIE Mercurii, videlicet, 7 die Februarii.
PRAYERS, by Mr. Carryll.
Lords present this Day:
Ds. Grey de Warke.
L. Viscount Say & Seale.
Ordinance for Reprisals of Currants.
The Lord Admiral presented to this House an Ordinance concerning Reprisals, which will be very beneficial to this State; which this House commanded to
And accordingly it was read Twice, and committed
to these Lords following:
L. Viscount Say & Seale.
|Any Three of their Lordships to meet.
Report of the Covenant tendered to absent Lords.
The Earls of Rutland and Bollingbrooke reported to
this House, "That they have, according to the Order
of this House, tendered the Covenant to divers Lords;
and the Earls of Holland and Bedford took it and
subscribed it very freely and readily, with hearty
Expressions that they would live and die with the
Parliament: That the Lord North did willingly and
readily take and subscribe it: The Lord Willoughby
of Parham, being sick, desires some few Days to
consider of (fn. *) it, and then he would give an Account
of it himself to this House: That the Lord Berckley,
being very ill, and a-bed, desired to be excused for
that Time; and said, he would come this Morning to
this House, and take and subscribe it: Concerning
the Earl of Bridgwater, he says some Things in
the Covenant his Heart goes along with them, and
other Things are doubtful to him; and therefore
(fn. †) desires some Time to consider of it."
And this House Ordered, He shall have Time until Friday Morning next.
Lady Mildmay's Petition, about the Sequestration of Sir Henry's Estate.
Upon reading the Petition of Jane Mildmay, Wife
of Sir Humphry Mildmay, of Danbury, in Essex;
shewing, "That the Estate of her Husband, for leaving his House and Dwelling in London, hath been
sequestered, and no Rents paid this whole Year and
upwards, whereby the Petitioner, who never hath
stirred from her Abode, and Four small Children,
be reduced to much Want and Extremity; in regard
where of, the Committee for Sequestrations in Essex,
besides the Allowance of the Fifth Part out of Six
Hundred and Twenty Pounds a Year, hath referred
the Petitioner for further Relief, by their Testimonial Letters, to the Committee of Lords and Commons
for Sequestrations; and by the said Committee the
Petitioner is referred to this House, by the annexed
"Therefore the Petitioner desires their Lordships
so far to take into Consideration the constant
Good-will and Affection of her, who, upon the
very First Propositions, when she could command no other Monies, sent in her Plate of her
own Chamber for the Service of the State,
besides Horses and other Supplies since; and
so far to commiserate the Distress of Four
innocent Children, as to refer the Relief of
their miserable Condition unto the Wisdom
and Discretion of the Committee of Lords
Ordered, That this House thinks fit to grant the
Desire of this Petition; and that the same be recommended to the House of Commons, with the same Recommendations as the Lady Chandois her Petition was.
Widow Fane's Petition, to appoint Mr. Sandys Clerk of the Court of Wards and Liveries.
Upon reading the Petition of Amabella Fane, late the
Wife of Anthony Fane Esquire, deceased; shewing,
"That her late Husband had, about Five Years since,
a Grant for his Life, from His Majesty, under the
Great Seal of England, of the Reversion of the Clerk
of the Court of Wards and Liveries, after the Death
of Ric'd Chamberlyn and Hugh Awdley, or either of
them, or any other Determination of their Estate
therein: The said Ric'd Chamberlyn having been a
long Time with His Majesty (fn. *) at Oxford, hath occasioned the Honourable House of Parliament to
sequester his Estate and Office, as by an Ordinance
of both Houses of Parliament, dated the 21th of
September last, will appear: That the Petitioner,
about November last, petitioning the Committee for
Revenue to have the said Place conferred upon such
Person as she should nominate, in regard her said Husband was slain in Service for the Parliament, the said
Committee acquainted the House of Commons therewith; who were pleased thereupon, by Order, to confer
it upon such Person as she should nominate, for her
Use; and afterwards the Petitioner nominating unto
the said Committee one John Reading Esquire, the
Committee conferred the said Place upon the said
Reading, as by the Orders appeareth, whose Name
the Petitioner for some Reasons desireth to alter.
"Therefore the Petitioner prayeth their Lordships
to confirm the Order of the said House of
Commons; and to confer the said Place upon
one Thomas Sandys, of The Middle Temple,
Esquire, to execute the said Place as her
Deputy, for the Benefit of her and her
Children, in Lieu of the said John Readinge."
Upon this the House Ordered, That this House
thinks fit that the Petitioner should name such a Person
to be Deputy to supply the said Office, for her Use, as
the Lord Viscount Say & Seale, Master of the Court of
Wards and Liveries, shall approve of, and think fit for
to supply that Place.
Dispute between the Earl of Manchester and Lord Willoughby.
Next, the Earl of Northumberland reported from the
Committee the Examination upon Oath of Colonel
Askew, and the Examination of the Lord Willoughby;
setting forth the Particulars as he conceived to be the
Personal Injuries which the Earl of Manchester had
offered him; and also the Examination of the Earl of Manchester was read, setting forth the Satisfaction which he
had given to the Lord Willoughby in his Letters.
(Here enter the Examinations.)
Upon Consideration of the whole Matter, this House
Ordered, That this Committee following shall draw
up what they think fit, upon the Sense of this Debate,
to be done for the ending of this Business, and preventing the like for the future, and for avoiding Provocations; and what shall be said to the Lord Willoughby:
L. Viscount Say & Seale.
|Any Three, to meet this Afternoon, at Four of the Clock.
L. Willoughby to be released.
Ordered, That the Lord Willoughby of Parham is to
be discharged of his present Restraint, and be brought to
this House this Afternoon.
Message from the H. C. to sit P. M.
A Message was brought from the House of Commons,
by Sir Rob't Harley:
To let their Lordships know, that they are Resolved
to sit this Afternoon, at Four of the Clock; and they
desire their Lordships would please to sit likewise.
The Answer returned was:
That this House will sit at Four of the Clock this
Afternoon, as is desired.
Message from thence, with Orders.
A Message was brought from the House of Commons,
by Mr. Wheeler:
To desire their Lordships Concurrence in these Orders;
1. Sir Tho. Middleton's Ordinance.
2. An Order concerning the Custos Brevium.
3. An Order, That the Levant Company may land
The Answer returned was:
That this House will take these Particulars into Consideration, and send an Answer by Messengers of their
Ordinance for taking the Accompts of the Kingdom.
Ordered, That the Ordinance concerning taking the
Accompts of the Kingdom be hereby referred to these
Lords following, who are to report their Opinions
thereof to this House:
L. Viscount Say & Seale.
|Their Lordships, or any Three, to meet To-morrow in the Afternoon, at Three of the Clock, in the Prince's Lodgings; and Mr. Serjeant Whitfeild and Mr. Serjeant Fynch to be Assistants.
Ordinance for raising Forces in Middlesex.
Ordered, That (fn. *) the Committee for the Ordinance
for raising Forces in Midd. shall (fn. *) meet To-morrow
in the Afternoon, and take the same into Consideration.
A Peer and Assistants take the Covenant.
This Day the Lord Berkley took and subscribed the
Covenant of the Three Kingdoms.
Also the Assistants and Attendants of this House took
and subscribed the said Covenant; videlicet,
The Lord Newburgh, Chancellor of the Dutchy.
Mr. Baron Trevor.
Mr. Justice Reeves.
Mr. Justice Bacon.
Mr. Serjeant Whitfield.
Mr. Serjeant Fynch.
Sir Edward Leech.
Sir Rob't Rich.
John Browne Esquire, Clerk of the Parliaments.
John Bolles, Clerk of the Crown in Chancery.
Alexander Thayne, Gentleman Usher of the Black Rod.
John Mylles, and John Throgmorton.
Delinquents to brought to Justice.
It was moved, because One Article of the Covenant
is the bringing of Delinquents to Justice, "That a
Message might be sent to the House of Commons,
to let them know, that the Assistants and Attendants
of this House have taken and subscribed the Covenant;
therefore to desire them that they would hasten the
bringing of Delinquents to Trial, so far forth as is
proper for them; and to let them know, that it is not
the Fault of this House, that Delinquents are not
Examinations concerning the Dispute between the Earl of Manchester and Lord Willoughby.
"The Deposition of Colonel Aschough, touching
the Business between the Earl of Manchester
and the Lord Willoughby, taken upon Oath
before the Lords Committees, the 5th Day
of February, 1643.
" (fn. *) To the First Interrogatory he saith, That the
Earl of Manchester did not read to him the whole
Letter; but some few Lines at the latter End thereof,
as he conceives.
"To the second Interrogatory he answereth Negatively: But he saith, That the Earl of Manchester
told him, that he had always honoured the Lord
Willoughby, and therefore wondered much why he
should send him such a Letter; and that he thought
he did himself Wrong therein: Unto which this Deponent answered, That some of his Lordship's Officers
had done both the Lord Willoughby and his Officers
Wrong, as did appear by a printed Paper which this Deponent had then in his Pocket, containing some Things
which were (fn. *) said to be spoken by Colonel Cromwell,
concerning the Lord Willoughby and his Officers; and
he also saith, That, at the same Time, he told the Earl
of Manchester, that he heard that Colonel King and
some other Officers of his Lordship were putting
forth a Declaration against the Lord Willoughby and
his Officers, and were procuring Hands thereunto in
the Country; but, getting none or very few, left it off.
"The Examination of the Lord Willoughby of
Parham, taken before the Lords Committees,
touching the Business between the Earl of
Manchester and his Lordship, the 5th of February, 1643.
"Who saith, That One of the Occasions of the Differences between his Lordship and the Earl of Manchester was a Remonstrance, which was set out about
the Country, wherein Colonel Kinge was a principal
Actor, tending to the Defamation of his Lordship,
whereunto Hands were endeavoured to be procured
by Colonel King; and the Parties threatened, that, if
they did not subscribe it, the Earl of Manchester
should withdraw his Forces.
"And another Occasion was, that the Earl of Manchester, without any Authority of Parliament, or Commission from the Lord General, as ever he saw, had
taken his Command over his Head, by granting out
Commissions and Warrants in his own Name, and forbidding Obedience to any from this Examinate, or
"And another Occasion was, That the Earl of Manchester had assumed the whole Honour of the Success
of Affairs in Lyncolneshire, which his Lordship conceived derogatory to his Honour, having joined in the
"And another Particular was, a Letter which the
Earl of Manchester sent to Major Lowenger, which
his Lordship hath delivered in unto the Lords Committees.
"The Letter to Major Lowenger.
E. of Manchester's Letter to Major Lowenger, to deliver up Tattershall Castle to Col. Davis.
"For my esteemed Friend, Major Lowenger, at
Tattershall Castle, in Lyncolneshire.
"The Houses of Parliament having intrusted me with
the Militia of Lyncolneshire, and with all the Castles
and Strengths in that County, I must desire you to
deliver up the Castle of Tattershall, now in your Possession, to Lieutenant Colonel Daves: And seeing
Lyndsey Coast is freed now from the Enemy, and that
the Horse are useless there, I desire you, together
with Captain Rosseter, to draw them all into Kestaven,
to join with such Horse as I have there, to prevent
the Enemy from plundering those Parts; and to perform such further Services as tend to the securing
of those Parts, and the avoiding of the Enemy.
Thus, with my Respects to you, I rest
Your assured Friend,
Cambridge, 2 January, 1643.
"The Earl of Manchester's Answer to the Lord
Willoughbie's Exceptions against him, taken
before the Lords Committees, the 5th of
Earl of Manchester's Answer to Lord Willoughby's Exceptions against him.
"To the First he saith, He never heard any Thing
thereof until Colonel Ascough told his Lordship of it,
which was that Day Colonel Aschough was first examined before this Committee.
"To the Second he saith, He granted out Commissions
according to the Ordinances of Parliament in that
"To the Third he saith, That for any good Success
in Lyncolneshire, he ascribes it to God, and not to
himself; neither hath he mentioned any Thing derogatory to my Lord Willoughby in any Letter.
"To the last, he acknowledgeth the Letter to be
written by him to Major Lowenger in a friendly Way;
and concerning the Contents thereof, his Lordship referreth himself to the Ordinances of Parliament.
Mr. Farmer to be Sheriff of Northampton.
It was moved, "That in regard Mr. Norton, who is
nominated to be Sheriff for the County of North'ton,
is an infirm Man, and therefore unable to perform
that Office, That Mr. Edward Farmer of Dayntry
may be nominated to be Sheriff in his room;" which
this House Agreed to, and Ordered to be communicated to the House of Commons, for their Concurrence
Covenant to be tendered again to the E. of Bridgewater.
Upon the Report of the Earls of Rutland and Bolingbrooke: It is Ordered, That the said Lords shall again
repair to the Earl of Bridgwater on Friday next; at
which Time if he do not take and subscribe the Covenant, this House will understand it to be a Refusal:
And this the Lords in Parliament think fit to acquaint
his Lordship with in the mean Time, that thereby the
said Earl may take his Resolution in this Particular accordingly.
House adjourned till 5a post meridiem.
Lords present this Afternoon:
Ds. Grey de Warke.
Whitehall House protected.
Ordered, That nothing belonging to His Majesty
in His House at Whitehall shall be stirred or removed
from thence, without the Order of both Houses of
Parliament: And Notice hereof to be given to the Earl
of Pembrooke, who hath the Charge of that House, and
such Things therein as belongs to His Majesty.
Judgement in the Dispute between the E. of Manchester and L. Willoughby.
The Earl of Northumb. reported from the Committee
a Draught of what they conceived fit to be said to the
Lord Willoughby; which was commanded to be read, as
"That, upon Consideration of the Examinations taken
concerning the late Difference between the Earl of
Manchester and the Lord Willoughby, the Lords have
judged, That the Earl of Manchester hath done
nothing but what was agreeable to his Duty, and
according to the Ordinances of Parliament; and do
disapprove the Proceedings of the Lord Willoughby,
in sending a Challenge to the Earl of Manchester, as
being an Offence to this High Court, and an Injury
to the Earl of Manchester, being grounded upon
Mistakes and Misunderstandings; and the Lords do
command the Earl of Manchester and the Lord Willoughby, that, neither in their own Persons nor by any
others, they do further prosecute this Difference."
Ordered, That this House approves of this; and
that it be delivered to the Lord Willoughby, as the
Judgement of the House.
And the Lord Willoughby was called in; and, standing
in his Place, the Speaker by the Command of the House
read it to him.
And his Lordship answered, "That, as he told the
Committee he would submit to the Pleasure of this
House, so he doth now."
Hereupon this House discharged his Lordship from any
Restraint concerning this Business; and Declares, That
Colonel Askew, Colonel Sheffield, and the rest of the
Gentlemen that are concerned in this Business, are likewise discharged from any further Question or Trouble
touching the aforesaid Business.
Ordinance for Reprisal of Currants.
The Lord Admiral reported from the Committee the
Ordinance concerning Reprisals of Currants, as fit to
pass without any Alterations; which being read, this
House approved of it.
Fleetwood to be Receiver of the Court Wards.
Next, the Ordinance concerning nominating Mr.
Charles Fleetewood to be Receiver of the Court of Wards
was read Thrice, and approved of.
Reading to be Clerk of ditto.
Likewise the Ordinance for nominating Mr. John
Reading to be in Mr. Chamberlaine's Office, in the Court
of Wards, was read Thrice, and approved of.
Message to the H. C. with Ordinances.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
(fn. *) To desire their Concurrence in the Ordinance concerning the Reprisal of Currants, and the Ordinance
concerning Mr. Charles Fleetewood to be Receiver of
the Court of Wards and Liveries.
Next was read, an Order this Day brought up from
the House of Commons; videlicet,
Levant Company to import Zant Currants brought Home in The Falcon.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Levant Company shall have Liberty to import and land the Zant
Currants brought by the said Company upon the
Ship Golden Falkcon, paying the Custom and Excise
due for the same, and Six Shillings per Hundredweight over and above the Custom and Excise."
Ordered, That this House agrees to this Order.
Barnard, Prothonotary of the Common Pleas.
Next, the Ordinance for making Mr. Bernard Prothonotary in the Common Pleas was read Twice; and
nothing being objected to it, it was read the Third
Time, and Agreed to. (Here enter it.)
Mr. Farmer, to be High Sheriff of Northampton.
"It is this Day Ordered, by Lords and Commons
in Parliament assembled, That Edward Farmer, of
Daventry, in the County of North'ton, Esquire, shall
be High Sheriff of the said County, in the room and
Place of John Norton Esquire, lately nominated for
Message from the H. C. for the Earl of Middlesex's Assessment to be assigned to the Earl of Stamford, towards his Arrears.
A Message was brought from the House of Commons,
by Mr. Stroude, &c.
That they have taken into Consideration the supplying the Earl of Stamford with some Money towards his
Arrears; and they desire that the Thousand Pounds
assessed upon the Earl of Midd. for his Twentieth Part
may be assigned unto the Earl of Stamford, upon Accompt.
Ordered, That this Business shall be taken into
Consideration To-morrow Morning, by the whole House;
and the Earl of Midd. to have Notice of it, to be here.
Sir Thomas Middleton's Ordinance.
The Ordinance for Sir Tho. Middleton was read Twice,
and committed to the
E. of Denbigh.
Any Three, to meet To-morrow.
Upon reading the Petition of Roger Kilvert, Merchant: It is Ordered, That the said Petition is referred
to the Judges, who are to examine the Business, and
report the same to this House.
Ordinance for Mr. Barnard to be Second Prothonotary of the Common Pleas.
"Whereas the Custos Brevium of the Court of Common Pleas for the Time being (as often as the Office
of Second Prothonotary of the same Court hath
become void) hath Time out of Mind used to nominate and present a fit Person thereunto, as an Incident
to the Office of Custos Brevium; and whereas the said
Office of Second Prothonotary is lately become void,
by the Death of John Gulston Esquire, late Second
Prothonotary of the said Court; and whereas John
Glyn Esquire, Recorder of the City of London, and
Custos Brevium of the said Court, hath, at the Instance of the Right Honourable Phillip Earl of Pembrooke and Mountgomery, openly declared in Parlia
ment, and elsewhere, that he intendeth to nominate
and present Richard Barnard, of Lincolnes Inne, in
the County of Midd. Gentleman, in and to the said
Place of Second Prothonotary, so void as aforesaid;
and whereas some Doubt hath been made, whether
the Admission of the said Richard Barnard in and to
the said Place doth not belong to the Chief Justice
of the said Court only, and to none other of the
"The Lords and Commons in Parliament assembled,
well approving of the Abilities and Integrity of
the said Richard Barnard, and the Purpose of the
said John Glyn so to nominate and present him the
said Richard Barnard as aforesaid, and seriously
weighing the evil Consequence which may ensue,
not only to that Court, by Neglect of the Service thereof, but to the whole Kingdom, by the
Want or Delay of Justice, if, in the Vacancy, Absence,
Sickness, or (fn. *) wilful Refusal, of the said Chief Justice,
fit and experienced Persons, nominated and presented
in and to Ministerial Offices, especially such as concern the Execution of Justice in the said Court, by
such Persons as have Right so to do, shall not be
sworn and admitted by the same Court in and to
the Offices whereunto they are so nominated and presented as aforesaid; have hereby Declared, and by
Authority of this present Parliament do Declare,
That the Right and Power of admitting such Ministerial Officers as aforesaid doth not belong to the
Chief Justice of the said Court solely; but that, in
the Vacancy, Absence, Sickness, or wilful Refusal, of
the said Chief Justice, the said Court, or any other
of the Justices of the same, may and ought, without
the said Chief Justice, swear and admit such Ministerial Officers, so nominated and presented as aforesaid, in and to the Offices and Places, whereunto
they shall be so nominated and presented: And
therefore the said Lords and Commons do, by Authority aforesaid, will and require the Justices of the
said Court, or some or One of them, forthwith upon
Sight hereof, at the Nomination or Request of the
said John Glynn, to swear and admit the said Richard
Barnard in and to the said Office of Second Prothonotary; to hold and exercise the same, with all
Fees, Profits, and Advantages, thereunto belonging,
as his Freehold, for his Life, according to the
Custom of the said Court, in as ample Manner to
all Intents and Purposes as the said John Gulston, or
any other exercising the said Office heretofore, lawfully
had, exercised, or enjoyed the same; ordaining, and
hereby further requiring, the Justices of the said
Court, not to admit in or to the said Office of Second
Prothonotary, for this Turn, any Person whatsoever
other than the said Richard Barnard.
"And these Presents shall be unto them, and every
of them, and to every other Person whom it may
concern, a sufficient Warrant in and for the Premises."
House adjourned till 10a cras.