DIE Veneris, 30 die Augusti.
PRAYERS, by Mr. Newcomen.
Ds. Grey de Wark, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
The Messengers sent Yesterday to the House of Commons return with this Answer:
That they agree to the Declaration concerning Ships,
with the Alterations; as to the Petition of the Lady
Dromond, they will send an Answer by Messengers of
Lords to take the National Covenant.
Ordered, That such Lords as have not taken the
National Covenant, and are within the Power of the
Parliament, shall have Notice, that they take and subscribe (fn. *) the same by Thursday next, or return their Answer to this House.
Report to be made to the House of the Criminals convicted at the Sessions.
The House took into Consideration the List of those
Prisoners that are presented to the Houses of Parliament, for to have a Pardon for their Offences, being
found guilty at the Sessions at The Ould Bayly, for London: And it (fn. †) is Ordered to (fn. ‡) be referred to Mr.
Baron Trevor and Mr. Serjeant Whitfield, to look over
the List, and distinguish the small Offences (fn. *) from the
notorious Offenders, and give this House an Account
thereof To-morrow Morning.
Message from the H. C. for impowering the Committee who are to meet with The States Ambassadors to treat about Restitutions;
A Message was brought from the House of Commons,
by Mr. Greene, &c.
To desire Concurrence in these Particulars following:
1. A Vote made, videlicet, "That Power be given to
the Committee of Lords and Commons appointed to
treat with The States Ambassadors, to grant or deny
Restitution of the Ship Thomas Bonaventure, sent from
Rotterdam, and Golden Falcon, as they shall see Cause,
upon further Conference with the said Ambassadors."
and with an Ordinance.
2. An Ordinance concerning the Town of Nottingham. (Here enter.)
The Answer was:
That this House agrees to the Two Particulars now
Ordinance about Foreign Ships trading with the Enemies of the Parliament to be published.
Ordered, That the Clerk of this House shall cause
the Declaration concerning Foreign Shipping to be
printed; and that the Serjeant of the Mace that attends
the Commissioners of the Great Seal shall publish it;
as is directed in the said Ordinance.
Ordinance for referring the Management of the Irish War.
The Ordinance for referring the managing of the
Irish War to the Committee of both Kingdoms was
read, and Agreed to with an Alteration.
Propositions for a Peace.
Ordered, That it be referred to the Consideration
of the Committee of both Kingdoms, to whom the
Propositions for Peace are referred, whether all Indictments, Utlawries, and Attainders, against any, for any
of the said Causes, be adnulled and made void; and this
to be added to the First Proposition.
Committee to meet about the Prince Elector's coming to England.
Lords Committees appointed to meet with a proportionable Number of the House of Commons, to consider what is fit to be done upon the Prince Elector's
coming into England:
|L. Viscount Say & Seale.
Any Three, to meet this Afternoon, at Three of
the Clock, in the Lord Keeper's Lodgings.
Message to the H. C. to appoint a Committee to meet them, and about the Propositions for a Peace;
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To desire it may be referred to the Consideration of
the Committee of both Kingdoms, to add these Words
to the First Proposition for Peace; videlicet, All Indictments, Utlawries, and Attainders, against any,
for any of the said Causes, be adnulled and made void."
2d, To let them know, that this House hath nominated a Committee of Ten Lords, to meet this Afternoon,
at Three a Clock, in the Lord Keeper's Lodgings, to
consider what is fit to be done upon the Prince Elector's
coming into England; and their Lordships desire that
the House of Commons would nominate a Committee
of their House, of a proportionable Number, to meet
and with Two Orders.
3. To desire Concurrence in (fn. †) an Order concerning
the Marquis Du Brossay to go into France, with Four
Horses, Custom-free, &c.
4. To desire Concurrence in the Addition to the
Order for referring the managing the War of Ireland to
the Committee of both Kingdoms.
Message from the H. C. with Two Ordinances;
A Message was brought from the House of Commons, by Mr. Solicitor General:
1. To present to their Lordships a Petition of the
Lady Katherin Brooke, and an Ordinance thereupon
made, concerning the Wardship of the Lord Brooke's
Son, wherein their Lordships Concurrence is desired.
2. To desire Concurrence in an Ordinance, being
Rules and Instructions for the Managing of the Excise.
and to sit a while.
3. To desire their Lordships would please to sit a
while, for the House of Commons will have Occasions
to come up to their Lordships about.
The Petition was first read. (Here enter it.)
Ordinance concerning the Wardship of Lord Brook.
Then the Ordinance concerning the Lord Brooke's
Son's Wardship was read Thrice, and Agreed to.
Ordinance for ordering the Excise.
Next, the Ordinance, being Rules and Instructions for
the ordering of the Excise, was read Twice, and committed to these Lords:
Any Three, to meet To-morrow Morning, at Nine
a Clock, before the House sits.
The Answer returned was:
Answer to the H. C.
That this House agrees to the Ordinance concerning
the Wardship of the Lord Brooke; touching the other
Ordinance, their Lordships will send an Answer by Messengers of their own.
Answer from thence.
The Messengers sent to the House of Commons return with this Answer:
That they have nominated a Committee, to meet
with the Committee of Lords, this Afternoon, concerning the Prince Elector.
2. That they agree to (fn. *) the Alterations in the Order
for referring the managing of the Irish War to the Committee of both Kingdoms. (Here enter it.)
3. That they agree in referring the adding of that
[ (fn. †) Particular to the] Committee of both Kingdoms.
Lords to attend.
Ordered, That all the Lords shall have Notice to
attend the House on Monday next.
Ordered, That Mr. Tryon's Cause shall be heard on
Monday next, at this Bar.
Ordinance to prevent Foreign Shipping from trading with the Ports in Defection from the Parliament.
"Whereas the Lords and Commons now assembled
in Parliament, finding, by continual Experience, that
very great Quantities of Ordnance, Arms, and other
Warlike Ammunition, together with Ships, Goods,
and Victuals of all Sorts, have been, and still are,
brought into Newcastle, Falmouth, Topsham, Dartmouth, and other Parts of this Kingdom, being in
Hostility against the King and Parliament, as also
into the Realm of Ireland, from Foreign Parts, to be
employed for the Relief of the Rebels of the said
Kingdoms of England and Ireland, and against the
Parliament and their Adherents the well-affected
Persons of this Kingdom, have, by their Ordinance
dated the last Day of November, 1643, Ordered,
Established, and Ordained, That it shall and may
be lawful for any of His Majesty's good and loyal
Subjects, to be approved and thereunto appointed by
the Lord High Admiral of England for the Time
being, appointed by them the said Lords and Commons, to equip, furnish, and set forth, such and so
many Ships and other Vessels, warlikely appointed,
as they shall think fit; and with the same to seize,
surprize, and take, all and all Manner of Ships and
Vessels, with the Ordnance, Ammunition, Victuals,
Goods, Commanders, and Soldiers, that they shall
meet withall, in or outwards bound, from any Part
or Place within any of His Majesty's Dominions,
being in Hostility against the King and Parliament, or
coming from or returning to any such Part or Place,
or that shall be found to have traded with the Inhabitants of any such Ports or Place, since their Defection from the King and Parliament; and also to
surprize and take all and all Manner of Ships and
Vessels, with Ordnance, Ammunition, Victuals, and
Goods therein, belonging to any Rebel or Rebels in
Ireland; and further to surprize and take all and all
Manner of Pirates and Sea Rovers, of what Nation
soever, and their Ships and Goods whatsoever, and
to have and enjoy the same, after Adjudication in the
High Court of Admiralty, as their own proper Goods,
according to the Purport and Intent of the said Ordinance: And forasmuch as it hath not yet been Declared by the said Lords and Commons what Ports
and Places they account to be in Defection from the
King and Parliament, in the Kingdom of Ireland,
since the making of the pretended Cessation of Arms
there, the Lords and Commons aforesaid do hereby
Declare, That all and singular the Ports and Places
in the Kingdom of Ireland are in Defection from the
King and Parliament, and within the Compass of the
said Ordinance, except the Ports in the Province of
Ulster, from Strangford inclusive, Northward, and so
along the Coast to Callebecke inclusive, and except
the Fort of Duncanon, and except the Port of Youghall,
Corke, and Kensale, in the Province of Mounster: And
yet, notwithstanding, the said Lords and Commons,
being very willing that Foreigners and Strangers
should receive all Encouragement for Trade and Commerce with the City of London and other Ports and
Places that stand right and keep their Fidelity to the
King and Parliament, and such further Liberty as
may consist with the Weal and Safety of the Kingdom, have Ordained and Declared, and by these
Presents do Ordain and Declare, That it shall and
may be lawful for all Foreigners and Strangers in
Amity with this Kingdom, to have free Trade and
Commerce to and from the City of London, and all
other Ports and Places within any of His Majesty's
Dominions standing right and keeping the Fidelity
to the King and Parliament, they paying the Customs,
and discharging such Duties, as are due and accustomed: And whereas it is alledged, that some Foreigners and Strangers, Subjects to other Princes and
States, Confederates and Allies to His Majesty, have
some Part of their Estates remaining in the Cities of
Exceter and Bristoll, and other Towns and Places of
this Kingdom of England in Defection from the King
and Parliament, and Licence and Leave is desired,
by the Ambassadors and Agents of those Princes and
States, for the withdrawing of the same from those
Cities, Towns, and Places; the said Lords and Commons, being very willing to maintain a good Correspondency and Understanding between His Majesty
and all His Confederates and Allies, and their Subjects respectively, and desirous that the Subjects of
such Confederates and Allies should not receive any
Manner of Loss, Damage, or Prejudice, in their
Estates, by the unhappy Differences and Troubles
that are risen in this Kingdom, but should have all
such Liberty as may consist with the Weal and Safety of this Realm and other His Majesty's Dominions, do hereby Declare, That, notwithstanding their
former Ordinance aforesaid, it shall and may be lawful to and for any Foreigner or Stranger, Subject to
any Prince or State in Amity with His Majesty, with
such and so many Ships or other Vessels as shall be
needful, to sail or go to the Ports or Harbours of
Exceter, Bristoll, Fallmouth, Topisham, Newcastle, or
any other Port or Place in this Kingdom of England,
which are or shall be in Defection from the King and
Parliament, and from thence, by all lawful Ways and
Means, to withdraw, transport, and carry away, their
Goods and Estates; provided, that those Ships or
Vessels, which they shall carry into any such Port or
Place, do not carry or bear any Ordnance, nor carry
into any such Port or Place any Goods or Merchandize whatsoever, Monies, Arms, Ammunition, Materials for Shipping, or Victuals, more than such Victuals as shall be necessary for the Sustentation of the
Company of such Ship or Ships; and such Monies
as shall be necessary for the Uses of such Ship or
Ships, for the necessary Supply of them and their
Companies; and provided further, that such City
or Town be not then besieged by the Ships or any
other Forces of the King and Parliament; and that
such Foreigners and Strangers, under Pretence of
withdrawing their own Estates, do not bring away
the Goods of any His Majesty's Subjects: And in
case any Ship, or other Vessel, coming from any
such Port or Place as aforesaid, shall be found to
have aboard her any Goods, Monies, or Merchandizes, belonging to any of His Majesty's Subject or
Subjects, the Lords and Commons do hereby Declare, That not only such Goods, Money, and Merchandizes, shall be good Prize to the Takers, being
so adjudged in the Court of Admiralty, but also
all the Goods, Monies, or Merchandizes, belonging
to any Stranger or Foreigner, in whose Name any
such Goods, Monies, or Merchandizes, belonging
to any of His Majesty's Subjects, shall be shipped
or coloured, and the Ship itself in which they shall
be found, shall also be Prize to the Takers, in case
it shall be proved that the Master or Owner of that
Ship, or the Owner of such Goods and Merchandize
in whose Name such Goods were colourably shipped,
knew that any such Goods, Monies, or Merchandizes,
at the Time of the Landing thereof, did belong to
any of His Majesty's Subjects: And be it further
Ordained and Declared, That no Commander of Ship
or Ships, or other Person whatsoever, do or shall,
under the Pretence of this Ordinance, or any Clause
therein contained, presume to seize, surprize, or take,
any Ship or other Vessel whatsoever, or any of their
Lading, during the Time such Ship or Vessel shall
remain or be within any of the Ports or Havens belonging to any Kingdom or State in Amity with the
Crown or Kingdom of England.
"And, to the End that Public Notice may be
taken of the said Ordinance aforementioned, and of
this present Ordinance, as well by Foreigners as His
Majesty's Subjects, the Lords and Commons aforesaid do hereby Order and Command, That the said
former Ordinance, and this present Ordinance and
Declaration, shall both be published, by a Serjeant
at Arms, Three several Days, upon The Exchange,
London, at the Time of the Concourse of Merchants
thither; and Copies of them both, subscribed by the
Clerk of the Parliaments, to be sent to the Ambassadors and Ministers of Foreign Nations here resident,
by the Speaker of either of the said Houses, to be by
them, or either of them, intimated and made known
to the Subjects of those Princes or States which they
represent, or from whom they are employed."
Order for the Money coming in upon the Excise as
Nott. to be for the Garrison there.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Monies coming from the Excise arising within the Town of Nottingham and County of the same, be allowed and designed, upon Accompt, for the Maintenance of the
Garrison in the Castle and Town of Nottingham, and
that it be referred to the Commissioners of Excise to
take Care herein."
Lady Brook's Petition, for the Wardship of her Son.
"To the Right Honourable the Lords and
Commons assembled in Parliament.
The humble Petition of the Lady Katherin
Brooke, late Wife of Robert Lord Brooke deceased, by and with the Consent of the Executors of the said Lord,
"That whereas the King's Majesty hath granted
unto George Lord Digby the Wardship of Francis
Lord Brooke her Eldest Son, by colour whereof he
hath not only entered into most of her Son's Manors
and Lands, but likewise into most of the Lands
wherein your Petitioner hath any Jointure, and receiveth the Rents, and hath converted the Stock
thereupon to his own Use, and imprisoned many of
the Tenants, to their great Loss and almost utter
Undoing, and to the great Damage of your Petitioner and her said Son; and whereas there hath
been much unavoidable Loss and Damage sustained
in Warwick Castle, as well in the Buildings and
Gardens, as in the Furniture, Bedding, and Household-stuff, by reason of the continual Residence of
the Garrison and many Prisoners there; and whereas
your Petitioner's Husband was at great Charges as
Commander in Chief for the Two associate Counties of Warwicke and Stafford, for which he never received any Recompence or Pay, in which Service he
lost his Life, leaving your Petitioner young with Child
of a Son now living, for whom he had made no Provision:
"She humbly prayeth, that her Eldest Son (in
regard his Father was slain in the Parliament's
Service) may be freely discharged from Composition for his said Wardship; and that his
Wardship may be granted to your Petitioner,
for his Use; and that, in Discharge of the
said Expences and Arrears, and Recompence of the said Losses, the Messuage with
the Appurtenances of the Earl of Bristoll, or
of the said Lord Digby, in Queene-streete,
may be now settled upon your Petitioner
and her said Youngest Son, for some Provision
of Livelihood, in such Manner as shall be
thought fit; and that hereafter (when your
Petitioner shall have Knowledge thereof)
such other Lands of the said Earl or Lord
Digby may be also settled upon your Petitioner's said Youngest Son, as to your Justice
and Wisdom shall seem meet.
"And your Petitioner shall pray, &c.
"An Ordinance of the Lords and Commons in
Parliament, for the discharging of Francis
Lord Brooke, Son and next Heir of Robert
Lord Brooke deceased, from Composition for
his Wardship; and for granting of his Wardship to his Mother the Lady Katherin Brooke,
to his Use; and for the settling of the House,
with the Appurtenances, of John Earl of
Bristoll, or George Lord Digby, in Queenesstreete, in the County of Middlesex, upon the
said Lady and Fulke Grevill her Youngest
Son, and the Heirs of his Body, with Remainder over.
Ordinance for granting the Wardship of Lord Brook to his Mother and for settling the Earl of Bristol's House, in Queen-street, upon Lady Brook and her Youngest Son.
"Whereas Robert Lord Brooke was lately slain in the
Service of the Parliament; after whose Death, His
Majesty did grant the Custody, Wardship, and Marriage of Francis Lord Brooke, Son and Heir of the
said Robert Lord Brooke, to George Lord Digby; by
colour whereof, the said Lord Digby hath entered
into divers of the Manors and Lands of the said
Francis Lord Brooke, and into most of the Lands
wherein the Lady Katherin Brooke, the Relict of the
said Robert Lord Brooke, hath any Jointure, and hath
received the Rents, and converted the Stock thereupon, to his own Use, and hath imprisoned some of
their Tenants, to their great Damage; and whereas
there hath been much (unavoidable) Loss sustained
in Warwick Castle, as well in the Buildings and
Gardens, as in the Furniture, Bedding, and Household-stuff, by the continual Residence of the Garrison and Prisoners there; and whereas the said Robert
Lord Brooke was at great Expences as Commander
in Chief for the Two associated Counties of Warwick and Stafford, in which Service he lost his Life,
leaving his said Lady young with Child of a Son
now living, for whom he had made no Provision:
It is therefore Ordered, Ordained, and Declared,
by the Lords and Commons in this present Parliament assembled, and the said Lords and Commons
do hereby Order, Ordain, and Declare, That the said
Francis Lord Brooke shall be, and is hereby, freely
discharged of and from all Compositions, Fines, and
Reservation of Rent, for or in respect of his Wardship, and of and from all Marriage, Primer Seizin,
Liveries, Ouster les Maines, or other Charges or
Things whatsoever, by reason thereof; and that the
Custody, Wardship, and Marriage of the said Francis
Lord Brooke be committed and granted to the said
Katherin Lady Brooke and her Assigns, to the Use of
him the said Francis Lord Brooke; and if it fortune
the said Francis Lord Brooke to die before he come
and be of his full Age of One and Twenty Years,
then the Custody, Wardship, and Marriage of Robert
Grevill, One other of the Sons of the said Robert
Lord Brooke; and if he the said Robert Grevill shall
die before he come and be of his full Age of One
and Twenty Years, then the Custody, Wardship,
and Marriage of Edward Grevill, One other of the
Sons of the said Robert Lord Brooke; and if he the
said Edward Grevill shall die before he come and be
of the full Age of One and Twenty Years, then the
Custody, Wardship, and Marriage of Algernoone
Grevill, One other of the Sons of Robert Lord
Brooke; and if he the said Algernoone Grevill shall
die before he come to be of the full Age of One
and Twenty Years, then the Custody, Wardship,
and Marriage of the said Fulke Grevill, Youngest
Son of the said Robert Lord Brooke; to and for the
respective Uses of all the same Sons: And the said
Lords and Commons do hereby Declare, That all
Grants heretofore made to the said Earl of Bristoll,
or Lord Digby, or either of them, (fn. *) of or concerning
the said Custody, Wardship, or Marriage, are void,
and shall be taken and reputed to be of none Effect:
And the said Lords and Commons, in Recompence
of the aforesaid Loss and Damage, and for some
Provision of Livelihood for the said Youngest Son,
do hereby Order and Ordain the House of John Earl
of Bristoll, and of the said George Lord Digby, or
either of them, in Queen-streete, in the County of
Middlesex, with the Gardens, Stables, Edifices, and
Buildings, thereunto belonging, with their Appurtenances, heretofore the Mansion-house of the said
Earl of Bristoll, unto the said Katherin Lady Brooke,
for her Life; and, after her Decease, to the said
Fulke Grevill and the Heirs of his Body lawfully to
be begotten; and, for Default of such Issue, then to
the said Robert Grevill and the Heirs of his Body
lawfully to be begotten; and, for Default of such
Issue, then to the said Edward Grevill and the Heirs
of his Body lawfully to be begotten; and, for Default of such Issue, then to the said Algernoone Grevill
and the Heirs of his Body lawfully to be begotten;
and, for Default of such Issue, then to the Right Heirs
of the said Fulke Grevill for ever; saving always and
reserving all such Right, Title, Interest, Claim, and
Demand, that any Person or Persons (excepting the
said Earl of Bristoll, Lord Digby, John Digby Esquire
Second Son of the said Earl, or any others claiming by,
from, or under them, or any of them, or to the Uses
of any of them) have, or shall have, of, in, and to the said
House and Premises, or any of them: And the said
Lords and Commons do also Order, Ordain, and Declare, That the Master of the Court of Wards and
Liveries, and all Officers and Ministers there, and in
Chancery, or elsewhere, to whom it appertaineth, shall
in due Manner, according to the Course of the said
Courts respectively, pass the said Custody, Wardship,
and Marriage, to the said Lady Brooke, as aforesaid;
and that Oliver St. John Esquire, His Majesty's Solicitor General, shall prepare a Grant or Grants of the
said House and Premises, to be passed as aforesaid, under the Great Seal of England; and the said Commissioners of the Great Seal are, by the said Lords and
Commons, hereby required and authorized to pass the
same Grant or Grants, and the Marriages aforesaid,
under the Great Seal; for which this shall be their
Order to refer the Management of the War in Ireland to the Committee of both Kingdoms.
"Ordered, by the Lords and Commons in Parliament assembled, That the carrying on of the War in
Ireland be referred to the Committee of both Kingdoms, with Power to that Committee of appointing
Sub-committees out of the Adventurers for Ireland,
for the better acting and managing of that Business."
House adjourned till 9a cras.