DIE Veneris, 10 die Maii.
PRAYERS, by Mr. Jackson.
Domini præsentes fuerunt:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Sir Edward Leech and Mr. Page, sent Yesterday to the
House of Commons, return with this Answer:
That they have delivered the Two Letters of the Earl
of Holland to the House of Commons; and they will
send an Answer by Messengers of their own.
The Earl of Northumb. reported from the Committee of both Kingdoms Two Papers, which were read.
Report from the Committee of both Kingdoms, that the Armies of the Lord General and Sir Wm. Waller are ready to march.
"It is the Opinion of this Committee, That the most
material Things in the last Resolutions of the House,
for the enabling the Forces under the Command of
his Excellency and of Sir Wm. Waller. to march, being performed, they find those Forces in Readiness to
march for the Prosecution of the Design intended:
And that his Excellency and Sir Wm. Waller are
resolved that the Forces shall march accordingly.
"This is to be reported to both Houses, by the Earl
of Northumb. and Mr. Solicitor, respective.
"G. R. Weckerlin, Secr. to
the same Committee."
"Die Jovis, 9 Maii, 1644.
"At the Committee of both Kingdoms.
Report from them, concerning the Declaration of Commissary Beheir.
"That it be reported to both Houses, by the Earl of
Northumb. and Mr. Browne respective, That this
Committee, according to the Order of the Houses;
did take into Consideration the Declaration of General Commissary Behr, and called before them the
said General Commissary, and propounded unto him
several Questions, to One whereof he denied to give
any Answer, in respect it concerned his Friend: That
they likewise sent the same Declaration, and the other
Declaration concerning it, to the Company of Stationers, that they might enquire by whom and what
Authority they were printed, and return a Certificate
thereof, and bring the Copies delivered to the Printers for printing the same; and did intend to have
proceeded to the Examination of the whole Business,
but were interrupted by the Intervention of the great
Affairs concerning the marching of the Armies, and
regard of the expiring of the Ordinance constituting
this Committee; all which they thought fit to offer to
the Wisdom of the Houses, that some speedy Course
may be taken for the further Examination thereof.
"Jo. Cheislie, Secr. to the same Committee."
Next, a Paper printed without a Name was read,
concerning Commissary Behr.
Message from the H. C. for a Conference, about the Ordinance concerning Gloucester.
A Message was brought from the House of Commons, by Sir Thomas Dacres Knight, and others:
To desire a Conference, so soon as it may stand with
their Lordships Conveniency, touching the Ordinance
The Answer returned was:
That this House will give a present Conference, in
the Painted Chamber, as is desired.
Ordinance to continue the Committee of both Kingdoms.
Next, an Ordinance was presented to this House, intituled, "An Ordinance for the appointing a Committee of both Houses of Parliament, to join with a
Committee and Commissioners of Scotland, for the
better managing the Affairs of both Nations in the
common Cause, according to the Ends expressed in
the last Covenant and Treaty between the Two Nations of England and Scotland;" which was received
by the House, and read Thrice.
And it being put to the Question, "Whether this
Ordinance shall pass?"
It was Resolved in the Affirmative.
Committee to prepare Heads for a Conference about it.
Ordered, That this Ordinance be communicated to
the House of Commons, at a Conference.
And these Lords following were appointed to consider and draw up what is fit to be said at the Conference:
Pettus and Bancroft.
Then the Judges Certificate of the Cause between
Katherine Pettus and Bancroft was read; and this House
confirmed the same. (Here enter it.)
Heads for a Conference, about continuing the Committee of both Kingdoms.
The Earl of Lyncolne reported some Reasons from the
Committee, which are to be delivered at the next Conference with the House of Commons; which were read,
and Ordered to be offered to the House of Commons at
the next Conference. (Here enter them.)
Message to the H. C. for this Conference.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To desire, at the next Conference, the Lords may
communicate to them an Ordinance concerning a Committee of both the Kingdoms.
Col. Carr recommended by Sir William Waller to be Governor of Plymouth.
The Earl of Pembrooke reported, "That Yesterday
the Committee for the West met; and Sir Wm. Waller
did recommend to them one Colonel Carr as an able
and trusty Man, to be Governor of Plymouth; and
the Committee thought fit it should be reported to
both Houses; and that this Morning it will be reported
to the House of Commons."
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Justice Berkley discharged from his Imprisonment.
Ordered, That a Warrant shall be delivered to the
Lieutenant of The Tower, to discharge Mr. Justice Berkley of his Imprisonment.
Ordinance concerning Gloucester.
The Speaker reported the Effect of the last Conference, concerning the Alterations in the Ordinance
The Alterations were read; and this House agreed to
the said Ordinance with the Alterations as are brought
up from the House of Commons, with the adding of
the County of Radnor to the Association.
Message to the H. C. that the Lords agree to it; and with the Earl of Stamford's Petition.
A Message was sent to the House of Commons, by
Dr. Aylett, &c.
To let them know, that this House agrees to the Ordinance concerning Gloucester, according to their Desires at the last Conference, with the Addition of the
County of Radnor to the Association; and also to deliver
to them the Petition of the Earl of Stamford, with Recommendations.
Answer from the H. C.
The Messengers sent to the House of Commons return with this Answer:
That they will give a present Conference, as is desired.
Propositions for a Peace.
Ordered, That the Propositions for Peace shall be
taken into Consideration To-morrow Morning.
The Lords went to the Conference; and the House
was adjourned till 9a To-morrow Morning.
Pettus versus Bancroft and Aylett.
"To the Right Honourable the Lords assembled
"May it please your Lordships,
"In Pursuance of your Lordships Order of the 10th
of January last past, in the Cause wherein Katherin
Pettus Widow is Complainant against Margarett
Banckcroft Widow, Executrix of Thomas Bancroft deceased, Jeremy Aylett, and others, Defendants; we
have several Times heard the said Parties by their
Counsel, and endeavoured to mediate an Agreement
and End between them, but cannot effect the same;
and therefore, in Pursuance of the said Order, do
humbly certify, That, upon hearing all Parties, we
conceiving Mr. Bancroft's Estate since his Death to
be much obscured and wasted, and finding that the
said Margarett Bancroft hath for divers Years last
past concealed herself, whereby she could not be served with Process, did, for an End of the Suits, conceive it reasonable, and did propound to them, that
the said Margarett Bancroft should pay to the said
Katherin Pettus Twenty-two Pounds Thirteen Shillings within One Week, and Four Hundred Pounds
more within Two Months after; and that she and
the said Defendant Aylett should forthwith release
and free the said Katherin Pettus from the Monies
received by or to her Use, by virtue of the Sequestration granted in Chancery, being One Hundred and
Eighty Pounds (as the said Aylett affirmed); and
that the said Margarett Bancroft should procure to
be assigned over unto the said Katherin Pettus, discharged of all Incumbrances, the Lease estated in
Mr. Keeling of Crosby Gill Parke in Westmorland, being
affirmed to be worth Seven Hundred Pounds to be sold,
and so many good Debts, which, together with the true
Value of the said Lease, shall make up the Value of
One Thousand Two Hundred Pounds, besides the said
other Monies; and that Mrs. Bancroft should forthwith
put in good Security to pay One Thousand Two Hundred Pounds, in Lieu of the said Lease and Debts to be
assigned, or so much as they shall fall short thereof, in
case the quiet Possession of the said Lease cannot be had,
and the said Debts received, within One Year and a
Half, at the Charge of the said Margarett Bancroft;
all which amounts to the Sum or Value of One Thousand Six Hundred Twenty-two Pounds and Thirteen
Shillings, besides the said One Hundred and Eighty
Pounds already received; but neither of the said Parties would accept of our said Propositions: But the
said Katherin Pettus did offer, that if she were freed
and discharged of the said One Hundred and Eighty
Pounds, that then she would accept of the Twentytwo Pounds Thirteen Shillings, and Four Hundred
Pounds, as we propounded, having good Security given,
to such as she should appoint, for Payment of One
Thousand and Two Hundred Pounds more at Three
Six Months, with Interest from this Time, all which
amounts to the Sum of Sixteen Hundred Twenty-two
Pounds and Thirteen Shillings, besides the said Interest, and the said One Hundred and Eighty Pounds
already received, which those who appeared before us
on the Behalf of the said Margarett Bancroft refused
to perform, pretending she was not able to do it; but
she did offer by Writing under her Hand, and by her
Friends, for a final End, to give Security to pay to the
said Katherin Pettus, within One Month, One Hundred
Pounds, and within One Month after that One Hundred Pounds more, and to free her from the said One
Hundred and Eighty Pounds, and to procure to be
assigned over to her the said Lease of Crosby Gill Parke,
and a Debt of Three Hundred and Thirty Pounds
due to her by the Lord Maltravers by Bond, and a
Debt of Forty Pounds due to her by Mr. Richard
Procter by Bond, a Debt of Sixty-five Pounds due
to her by Robert Godfrey Gentleman by Bond, and a
Debt of One Hundred Pounds due to her by Robert
Nutting Gentleman by Bond, and give the said
Katherin Pettus Security to pay her Twenty Pounds per
Annum for Five Years; all which amount to the Sum or
Value of One Thousand Five Hundred Thirty and
Three Pounds, besides the Allowance of the said One
Hundred and Eighty Pounds already received; and
the said Jeremy Aylett did offer to release to the said
Katherin Pettus the said One Hundred and Eighty
Pounds, so that the said Margarett Bancroft's Offer be
accepted for a final End, which the said Katherin
Pettus refused to accept of.
"All which we humbly submit to your Honours
"Decimo die Aprilis, 1644.
"Reasons whereby the Lords are induced to hold
it necessary that more Lords and Commons
should be added to the Committee of the Two
Lords Reasons why more Members ought to be added to the Committee of both Kingdoms.
"1. They consider the Vastness of that Work which
is the Subject-matter of this Committee; namely, that
their Counsels and Endeavours must have a very great
Influence both upon the Being and Well-being of
"2. That it is more than probable there will be Occasion ere long to send some of this Committee into
Scotland, to reside there.
"3. That, since the War of Ireland is also referred
to the managing of this Committee together with the
Scotts, it will be necessary to appoint some of their
own Members to go into that Kingdom, who, being
upon the Place, may advance the Prosecution of the
War, and make a true Representation of the State of
Affairs there to this Committee, from Time to Time.
"4. This Committee is to hold Correspondency with
Foreign States, by the express Words of the Ordinance; and both Houses, in the Fifth Article of their
Additional Instructions, of the 2d of November, 1643,
have commanded their Committee then in Scotland
to press, that the Commissioners that come from that
Kingdom might have Power to send some of themselves, or any others by joint Consent of this Kingdom, to any Part beyond the Seas, for procuring of
Monies, or Engagement of other States in this common Cause; and therefore it is very probable that it
will be thought expedient to send some of this Committee, to negociate and correspond with Foreign
States, to the Ends before expressed.
"5. This Committee was made for the better managing of the War, and therefore are armed with a
Power to order and direct the same; which undoubtedly cannot be done with Advantage to the Cause, unless Part of this Committee go along with the Army,
a Thing which the Lord General hath often pressed;
and the Lords have agreed that Two of their House
shall be appointed for that Service; they have communicated this to the House of Commons at a Conference, desiring them to appoint a proportionable
Number if they thought fit; that, as soon as the Ordinance shall be passed for settling the Committee of
the Two Kingdoms, they will nominate Two Lords
of that Committee, to reside in the Lord General's
Army, which, before that Committee be settled, they
"6. The Scotts Commissioners, in their Paper of the
5th of February, do say, that they are commanded by
all Means to entertain the mutual Confidence and
Correspondency betwixt the Armies; and the Lords
do conceive it One principal Means to effect this,
that some of this Committee should likewise reside in
the rest of the Armies, as well as in that in the immediate Command of the Lord General.
"7. That they have heard that the Committee of
Estates in Scotland, who have naturally but One Kingdom to take Care of, are many in Number; this Committee hath Two Kingdoms to take Care of, and
therefore should be more in Number.
"8. Lastly, of the Seven Lords nominated in the
former Ordinance, Four of them cannot attend the
Service, by reason of their particular Charges; and
of the Fourteen Commoners, Five or Six are and
must be of Necessity called away to their respective
Commands and Employments elsewhere: Some others
of the Residue of that Committee remaining, by reason of their Age, Sickness, and Infirmities, are not
able to give that constant Attendance, as in Matters
so numerous and of such high Importance were to be