DIE Martis, 28 die Maii.
PRAYERS, by Mr. Gibson.
Domini præsentes fuerunt:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Ordinances from the H. C. for Concurrence.
An Ordinance for settling the Excise of Kingston
upon Hull for the Lord Fairefaix, was read Thrice, and
Agreed to. (Here enter it.)
Next, an Ordinance for reimbursing Monies to Captain Wm. Edwards, was read Thrice, and Agreed to.
(Here enter it.)
Ordered, That this Ordinance shall be printed and
Another Ordinance was read Twice, to enable Mr.
Solicitor General to do all Acts, in the Absence of Mr.
Attorney General, as he ought to do.
And the House was adjourned into a Committee
during Pleasure, to take the same into Consideration.
The House being resumed;
The said Ordinance was read the Third Time, and
Agreed to. (Here enter it.)
Surrender of Cawood Castle.
The Earl of Northumb. reported from the Committee
of both Kingdoms, One Letter they have received from
the Lord General, and One Letter from Sir Wm. Waller,
giving an Account of the Proceedings of the Armies, and
of the surrendering of Cawood Castle, and the Fort upon
the Mouth of the River of Ayre, to the Northern Forces.
Ordered, That, One of the Delinquents sent for by this House for cutting down the
Earl of Thanett's Woods, shall be released of his Restraint.
L. Willoughby and Colonel King.
Next, this House heard the Cause between the
Lord Willoughby and Colonel Kinge.
The Charge of the Lord Willoughby against Colonel
Kinge was read.
Likewise Colonel King's Answer to the said Charge
The Counsel of the Lord Willoughby having given in
Evidence to the whole Charge; this House Ordered, That Colonel Kinge shall make his Defence to
this Charge on Thursday Morning next.
Ordinance for the Excise of Hull to be paid to Lord Fairfax, for Support of the Garrison there.
Whereas, by Ordinance of both Houses of Parliament, dated the 9th of February last, the Receipts
of the Excise in the Town and County of Kingstone
upon Hull are assigned to be paid to the Right Honourable Ferdinando Lord Fairefax, for and towards
the Payment of the Garrison at Hull, upon which
Ordinance there hath been already paid, by the
Sub-commissioners of the Excise there, unto Captain
William Harrison, Treasurer for the Northern Army,
the Sum of Eight Hundred Pounds, the 2d of April
last: It is hereby Declared, by the Lords and Commons in Parliament assembled, That the said Receipt
for the Eight Hundred Pounds aforesaid shall be a
sufficient Discharge unto the Commissioners of Excise:
And it is further Ordained, by the said Lords and
Commons, That the Receipt or Receipts of the said
Lord Fairefax, or of the Treasurer for the Northern
Army, for the Use of the Garrison aforesaid, shall
from Time to Time be a sufficient Discharge unto
the said Commissioners of Excise, for so much Monies as shall be paid by their Sub-commissioners at
Kingston upon Hull, as aforesaid, until both Houses
shall take further Order, according to the said Ordinance (fn. *) of the 7th of February last."
An Ordinance of the Lords and Commons in
Parliament assembled, for reimbursing of
Captain William Edwards the Monies to him
due for the Service of the State, and for his better enabling to proceed on in the said Service.
Ordinance for reimbursing Monies to Capt. William Edwards of Chester.
Whereas Captain William Edwards, Alderman of
Chester, a Captain of a Troop of Horse under the
Command of Sir William Brereton, hath done good
Service, and suffered much in his Estate for his Fidelity to the Parliament, as by sufficient Testimony
appeareth: The Lords and Commons thereof taking
Notice, and that there is in Arrear to him, his Officers and Troopers, the Sum of Three Thousand
Forty-one Pounds, Four Shillings, and Six Pence;
and that, unless the same be paid, or he some other
Way competently provided for, he can neither recruit or maintain his Troop and Charge, or proceed
to do more Service, which he is willing to do; do
think fit that some Course should be held for his
Encouragement and further Supply; and whereas
some Citizens of London and others have Debts owing
unto them by Delinquents, within the County of
Chester, and the County of the City of Chester, and
have also some Debts owing unto them by well-affected Persons in the said County and City, who were
of sufficient Abilities, but are of late plundered and
destroyed in their Estates, by the Commissioners of
Array in the said County and City, for their Adherence and good Affection to the Public Cause of
the Parliament and Kingdom, some of them having
suffered long Imprisonment, and others fled for their
Safety, with Loss of their Estates: Be it therefore,
on the said Captain's Behalf, and for and towards
his better Satisfaction, Ordered and Ordained, in
case any such Creditors shall now advance, by Way
of Loan, to the said Captain Edwards, for and towards the said Recruit and Satisfaction of his said
Arrears, the Value of the Fifth Part of such Debts
as are to them owing as aforesaid, the said Captain
Edwards shall have, and hereby hath, full Power
and Authority to receive the same, and to take the
Subscriptions of such Citizens and others as will lend
the said Fifth Part, and to give Notes or Acquittances for the same, indorsed on this Ordinance, or
upon such true Copy thereof as shall be published
in Print, and therein mentioning the Sums due unto
them, and the Debtors Names, and Place of their
Dwelling; and, in such Cases, it shall be lawful for
Sir William Brereton Baronet, or, in his Absence,
for the Committees of Sequestration, or any Three
or more of the Deputy Lieutenants of the said
County of Chester, or the County of the City of
Chester, when the said City and Places respectively
shall be reduced to Obedience to the Parliament, to
set and let, by Lease or Leases, unto the said Creditors, so much of the Lands, Tenements, and Hereditaments, of Delinquents, which shall be seized
and sequestered in the said County, and County of the
City of Chester respectively (to wit, such as are already by Ordinance of Parliament ordered and
disposed of, for Maintenance of the Forces under the
Command of the Parliament, for reducing of those
Parts to Obedience, and to be put in Execution by
the said Sir William Brereton, whose express Assent
is hereunto), as may serve not only to satisfy the said
Fifth Part so contributed and lent, with Interest at Eight
Pounds per Cent. for the same, but also the Residue of
such their just Debts respectively, whereof (fn. †) they shall
make such Contribution as aforesaid; and the said
Captain is to give Accompt to the said Sir William
Brereton, or, in his Absence, to the Committees or
Deputy Lieutenants, of the Sums (fn. *) of what he shall
receive by virtue of this Ordinance, so as the same
may not exceed the Proportions intended and owing
unto (fn. *) the said Captain as aforesaid; and the said Sir
William Brereton, and the said Committees and Deputy Lieutenants, are hereof to take Notice; and
the said Captain Edwards is also to be accountable
to the Lords and Commons, or such as they shall
appoint, for what he shall execute, do, or receive,
by virtue of the Premises.
Ordinance for Mr. Solicitor St. John to execute the Place of Attorney General.
Upon the humble Petition of the Officers and
Clerks belonging to the Courts of Common Law
now sitting at Westm. That the Course and Proceedings of the Common Law are now greatly obstructed
by the Absence of the Attorney General, who, by
his Place, is to attend the said Courts, to do several
necessary Acts in divers Causes now depending, or
hereafter to be commenced, betwixt His Majesty and
Private Persons; as namely, for granting his Warrant to the Cursitors, to make Writs of Errors, for
several (fn. †) Outlawries in His Majesty's Court of King's
Bench, for Persons outlawed for Offences of a small
Nature, being the ancient Course of that Court, as
also for exhibiting Informations for Offences of several Natures; and likewise Informations of Quo
Warranto; and for his Warrants for Nisi Prius and
Tales, amongst divers other necessary Acts; which
may be done as well by the Solicitor General as by
the Attorney General, and lately have been done
by His Majesty's Solicitor General, in the Absence or Vacancy of the Attorney General: For Redress of the said Obstructions, it is this Day Declared and Ordained, by the Lords and Commons
now assembled in Parliament, That Oliver St. John
Esquire, His Majesty's now Solicitor General, be authorized and required, and is hereby authorized and
required, to do and execute, from Time to Time, all
and every the Matters and Things beforementioned,
with such other necessary Acts belonging to the said
Places of Attorney (fn. ‡) and Solicitor General, as may or
shall be requisite for the Expedition of the Proceedings of the said several Courts at Law; and the said
Oliver St. John is hereby enabled to take all Fees and
Profits belonging to the said Place of Attorney General,
during the Absence of the said Attorney; and this
Ordinance to continue till both Houses of Parliament
shall otherwise direct; and all Judges, Justices of
either Bench, Barons of the Exchequer, Clerks, and
other Officers, are hereby enjoined and required to
yield Obedience to all Warrants and other Acts touching the Premises, as shall be issued forth from the said
Solicitor General, in as full and ample Manner as if
they had been issued forth by the Attorney General.