DIE Mercurii, 12 die Aprilis.
PRAYERS, by Mr. Case.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
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Comes Kent.
Comes Warwicke.
Comes Salisbury.
Comes Northumb.
Comes Denbigh. |
Ds. Grey.
Ds. Mountagu.
Ds. Howard.
Ds. North.
Ds. La Warr.
Ds. Wharton. |
Ordinance for Tithes in London.
Ordered, That the Ordinance for Payment of
Tithes to the Ministers of London shall be printed and
published.
Dingley's Ordinance to be Minister of Brixton.
An Ordinance for making Mr. Dingley Minister of
Brighston, alias Brixton, in the Isle of Wight, void by
the Death of Mr. Hugh Thompson, in the Gift of the
Bishop of Winchester, was read, and passed.
Laurance, of Upway.
An Ordinance for making Mr. Jonathan Laurance
Minister of Upway, in the County of Dorsett, was read,
and passed.
Message from the H. C. about swearing. Two of the Commissioners of the Great Seal.
A Message was brought from the House of Commons,
by Mr. Love:
To desire their Lordships would please to appoint a
Time for swearing Sir Thomas Witherington and Bulstrode
Whitlocke Esquire, Two of the Commissioners of the
Great Seal of England.
The Answer returned was:
Answer.
That this House appoints the said Commissioners of
the Great Seal presently to be sworn.
Impeached Lords Answers.
The Speaker acquainted the House, "That the Six
Lords impeached by the House of Commons have
brought in their Answers to their several and respective Charges; which they have sent by the Gentleman Usher of the Black Rod:" Which Answers the
House received.
Ordinance for settling the Admiralty Jurisdiction.
The House was adjourned into a Committee of the
whole House during Pleasure, to take into Consideration
the Ordinance concerning the settling of the Court of
Admiralty.
The House being resumed;
The said Ordinance was read the Third Time.
And the Question being put, "Whether to agree
to this Ordinance?"
It was Resolved in the Affirmative.
(Here enter it.)
Ordered, That this Ordinance be printed and published.
Robinson and Farren to be attached, for Contempt of Ihannes's Order.
Upon reading the Affidavit of Wm. Ihannes, whereby
it appears, "That John Robinson and Mary Farren have
"refused to give Obedience to an Order of this House:"
(Here enter it.)
It is Ordered, That the said John Robinson and
Mary Farren shall be attached by the Gentleman Usher
attending this House, and be brought before the Lords
in Parliament, to answer their said Contempts.
Paper about the Summer Fleet:
The Earl of Denbigh reported a Paper from the
Committee of the Admiralty; which was read, and
Agreed to, and ordered to be sent to the House of
Commons for their Concurrence. (Here enter it.)
Message to the H. C. about it;—and with Dingley's and Laurance's Ordinances.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page;
To deliver these Particulars:
1. The Ordinance for making Mr. Rob't Dingly Minister of Brightson, in the Isle of Wight; and desire their
Concurrence therein.
2. The Ordinance for making Mr. Jonathan Laurance
Minister of Upway, in the County of Dorsett; and desire
their Concurrence therein.
3. To deliver to them the Report from the Committee
of the Admiralty; and desire their Concurrence, for
approving of those Persons and Ships to be added to the
Summer's Fleet.
Letter from the D. of Lorrain.
The Duke of Lorrain's Letter, translated, was read.
(Here enter it.)
And it is Ordered, To be referred to the Committee
for Foreign Affairs, to draw an Answer to it, and present
it to the Houses; and the Concurrence of the House of
Commons to be desired herein.
Two of the Commissioners of the Great Seal sworn.
Next, Sir Thomas Witherington Knight and Bulstrode
Whitlocke Esquire were sworn Two of the Commissioners of the Great Seal of England.
These Oaths following were administered to them:
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1. The Oath of Supremacy, |
administered by the Clerk of the Parliament at the Bar, in the Presence of the Lords and the House of Commons. |
| 2. The Oath of Allegiance, |
| 3. The Oath appointed by the Act for the Triennial Parliament, |
administered by the Clerk of the Crown. |
| 4. The Oath for the faithful Execution of the Place, |
administered by the Speaker. |
Then the Speaker, with the Great Seal, went down
to the Bar, with the other Commissioners; and delivered
the Seal to them.
Ordinance appointing Judges of the Admiralty.
An Ordinance was presented to the House, for making
Doctor Clarke, Doctor Exton, and Doctor Dorislaus, Commissioners of the Court of Admiralty; which was read,
and Agreed to, and ordered to be sent to the House of
Commons for Concurrence.
L. Powlett, Leave to apply to the H. C. concerning a Charge against him.
Upon reading the Petition of John Lord Powlett;
shewing, "That there having been some Informations
given in against him to the House of Commons,
which reflect much upon his Honour, and tend even
to the questioning of his Life, desireth Leave of this
House, that he may make such Addresses to the
House of Commons, as may be for the vindicating of
his Honour, and the clearing of his Innocency:"
It is Ordered, That this House leaves him to make
such Addresses to the House of Commons as he shall
think fit, for his Vindication.
Ordinance concerning the Contractors for Bishops Lands.
Ordered, That the Ordinance concerning the Contractors of the Bishops Lands shall be taken into Consideration To-morrow Morning.
Bland and Fowke, about the Receiver Generalship of Yorkshire.
Upon hearing the Counsel of John Blande, touching
his Title which he claims to the Office of General
Receivership of the County of Yorke:
It is Ordered, To be referred to all the Judges, or
any Three of them, to hear the Counsel on both Sides,
videlicet, the Counsel of John Blande and the Counsel
of Walter Fowke; and to peruse the Patent of John
Blande, and report their Opinion to this House concerning the Validity of the Patent in Point of Law:
And Mr. Solicitor is desired to be present when the said
Counsel is heard.
Colonel Payne released.
Upon reading the Affidavit of Colonel George Payne;
complaining, "That he is arrested, contrary to the Protection of this House:" (Here enter it.)
Elliot sent for.
It is Ordered, That the said Colonel Payne shall be
released; and Elliott, that arrested him, shall be attached, and brought before this House, to answer his
Contempt.
"An Ordinance for settling the Jurisdiction of the
Court of Admiralty.
Ordinance for settling the Jurisdiction of the Court of Admiralty.
"The Lords and Commons assembled in Parliament,
finding many Inconveniencies daily to arise, in relation
both to the Trade of this Kingdom, and to the Commerce with Foreign Parts, through the Uncertainty
of Jurisdiction in the Trial of Maritime Causes, do
ordain, and be it Ordained by the Authority of Parliament, That the Court of Admiralty shall have Cognizance and Jurisdiction, against the Ship or Vessel,
with the Tackle, Apparel, and Furniture thereof, in
all Cases which concern the repairing, victualing, and
furnishing Provisions for the setting of such Ships or
Vessels to Sea, and in all Cases of Bottomry, and likewise in all Cases of Contracts made beyond the Seas concerning Shipping or Navigation, or Damages happening thereon, or arising at Sea in any Voyage, and likewise in all Cases of Charter Parties, or Contracts for
Freight, Bills of Lading, Mariners Wages, or Damages in Goods laden on board Ships, or other Damages done by One Ship or Vessel to another, or by
Anchors, or Want of laying of Buoys; except always
that the said Court of Admiralty shall not hold Pleas,
or admit Actions, upon any Bills of Exchange, or
Accompts betwixt Merchant and Merchant, or their
Factors: And be it Ordained, That, in all and every
the Matters aforesaid, the said Admiralty Court shall
and may proceed, and take Recognizances in due Form,
and hear, examine, and finally end, decree, sentence,
and determine the same, according to the Laws and
Customs of the Sea, and put the same Decrees and
Sentences in Execution, without any Lett, Trouble,
or Impeachment whatsoever; any Law, Statute, or
Usage to the contrary, heretofore made, in any Wise
notwithstanding: Saving always and (fn. *) reserving, to
all and every Person and Persons that shall find or
think themselves aggrieved by any Sentence Definitive, or Decree having the Force of a Definitive Sentence, or importing a Damage not to be repaired in
the Definitive Sentence given or interposed in the
Court of Admiralty, in all or any of the Cases aforesaid, their Right of Appeal, in such Form as hath
heretofore been used, from such Decrees or Sentences (fn. †) in the said Court of Admiralty: Provided always,
and be it further Ordained, by the Authority aforesaid, That from henceforth there shall be Three
Judges always appointed of the said Court, to be
nominated from Time to Time by both Houses of
Parliament, or such as they shall appoint; and that
every of the Judges of the said Court for the Time
being, that shall be present at the giving any Defi
nitive Sentence in the said Court, shall at the same
Time, or before such Sentence given, openly in Court
deliver his Reasons in Law of such his Sentence, or
of his Opinion concerning the same; and shall also
openly in Court give Answers and Solutions (as far as
he may) to such Laws, Customs, or other Matter, as
shall have been brought or alledged in Court on that
Part against whom such Sentence or Opinion shall
be given or declared respectively: Provided also,
That this Ordinance shall continue for Three Years,
and no longer."
Ihannes, Affidavit of serving the Order on Robinson.
"William Ihannes, Merchant, maketh Oath, That he
did serve your Lordships Order, hereunto annexed, on
John Robinson, upon The Exchange, London; and the
said John Robinson gave Order to his Servant, to give
Notice of it to Marry Farren on the 16th of this
Instant March.
"Wm. Ihannes.
Jurat. 28 Die Martii, 1648.
"Tho. Benett."
Letter from the D. of Lorrain, complaining of the Usage of Fortescue his Agent, and desiring Restitution of his Ships.
"Messieurs,
"The ill Usage my Men receive in your Country,
and especially Mr. Fortescue my Resident, besides the
Seizure made, in your Name, and by your Officers, of
my Ships, doth oblige me to write these Lines, for to
ask you both Justice and Redress of the Wrong done
and happened to my said Resident, according to the
Plaints he more particularly will represent to you;
and withal the Restitution of the said Ships, together
with the Merchandizes and Goods that were in them.
Moreover, I pray you to send me a categorical Declaration of your Intentions; namely, whether you
esteem me Friend or Enemy, that thereupon accordingly I may govern myself. Though at this present
I am in no real Possession of any Sea Port, yet are
there many belonging unto me by Right. You should
not (at least ere you declare yourselves my Enemies)
hinder my Subjects from Trading and Shipping, who
have done nothing against you, have given you no
Cause to treat or esteem them other than your Friends.
Nevertheless, hereupon I expect your Resolution by
the First Post; and mean while remain,
From Bruxells, the 15 Febr. 1648.
"Messieurs,
"Your most affectionate to
serve you,
Ch. Lorraine.
"To Messieurs, Messieurs the Peers and Commons of the Parliament of England, sitting
at Westminster, at London."
Colonel Payne's Affidavit of his being arrested by Elliot, at Staples's Suit.
"George Payne maketh Oath, That, on Friday the
7th April, 1648, he was arrested, at the Suit of Susan
Staples Widow, by one Elliott, assisted by Thomas
Stanoe, Officers to the Sheriffs of London, and by
them imprisoned in The Compter in Woodstreete, notwithstanding this Deponent shewed them the Order
of the Honourable House of Peers to free him for
all Arrests for Debt, as may appear by the said Order,
which had been formerly entered and allowed in
both the Compters, as appears by the Hands of the
Secondaries subscribed: And this Deponent further
maketh Oath, That the said Elliott did formerly arrest
this Deponent upon the same Suit, and then took
a Copy of the said Order, and discharged him after
about Four Hours Detainment.
"Geo. Payne.
"Jur. 12 April.
1648, coram me,
John Page."
Rogers versus Wylde, in Error.
Ordered, by the Lords in Parliament assembled,
That the Cause between Joseph Rogers and John Wilde
& al. upon a Writ of Error depending in this House,
shall be argued, at this Bar, on the 15th of this Instant
April, at Ten of the Clock in the Morning; at which
Time the Parties, by their Counsel, are to attend accordingly.
Hutchinson to be instituted to Ashbury;
Ordered, That Doctor Aylett give Institution and
Induction unto John Hutchinson Clerk, Batchelor in Divinity, to the Rectory of Ashbury, in Com. Chester, void
by the Death of the last Incumbent; salvo Jure cujuscunque: Thomas Hutchinson Esquire, Patron.
Woodford to Little Billing;
Ordered, That Doctor Heath, or his Deputy, shall
give Institution and Induction unto Richard Woodford
Clerk, Master of Arts, to the Church of Little Billinge,
in the County of North'ton, void by the Death of Mr.
Carr Stockwell, the last Incumbent; salvo Jure cujuscunque: Anne Bracegirdle Widow, Mother and Guardian
of Justinian Bracegirdle, Patron.
and Fox to Fursby.
Ordered, That Doctor Bennett give Institution and
Induction unto Jo. Fox Clerk, Master of Arts, to the
Rectory of Firsby, alias Fursby, in Com. Lincolne, void by
Death; salvo Jure cujuscunque: William Dormer Esquire
and Anne his Wife, Patrons.