DIE Lunæ, 4 die Novembris.
PRAYERS, by Mr. Herle.
Ds. Grey de Warke, Speaker this Day.
L. Viscount Say & Seale.
Ordinance for banishing Mr. Waller.
The Ordinance for Banishment of Edmond Waller
Esquire, was read Thrice, and Agreed to.
(Here enter it.)
Ordinance for Sir N. Brent to be Judge of the Prerogative Court.
The Ordinance for settling the Prerogative Court
was read Twice: And Ordered to be committed to
a Committee of the whole (fn. *) House. And presently 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, and Ordered to
be forthwith printed and published. (Here enter it.)
Ordinance for the Essex Committee to seize Delinquents Estates.
Next, the Ordinance to give Power to the Standing
Committee of the County of Essex, to seize upon the
concealed Estates of Delinquents, &c. was read Twice,
and Ordered to be committed to these Lords following:
Any Three, to meet on Wednesday Morning next,
at Nine of the Clock; and the Persons concerned
to have Notice of it.
Earl of Northumberland excused.
The Earl of Northumb. was excused for being absent
from this House this Day, in regard of his ill Health.
L. Bruce to see the E. of Cleveland.
Ordered, That the Lord Bruce hath Leave to see
the Earl of Cleveland.
Justice Mallet to give Bond, to return if he cannot effect his Exchange.
Ordered, That Justice Mallet shall attend this House
again on Wednesday Morning next, to enter into Recognizance of Three Thousand Pounds, and to give his
Word to this House besides, to render himself a true
Prisoner to this House, in case he cannot procure the
Releasement of Sir John Temple, Prisoner in Ireland,
within Three Months; and the Condition to be drawn
up into Form, and tendered to the Judge, between this
and Wednesday next.
Message to the H. C. for a Conference on the Propositions;
A Message was sent to the House of Commons, by
Mr. Page and Dr. Aylett:
To desire a Conference, concerning the Propositions
for a safe and a well-grounded Peace, and the Propositions of the City.
for Mr. Ward to be added to the Assembly;
2. To desire their Concurrence for adding Mr. John
Warde, of Ipsich, to be of the Assembly, in the Place
of Mr. John Painter, lately dead.
and to remind them of the Widow Ferrer's Petition.
3. To desire that the Widow of Major Ferrer may
be taken into Consideration, as a Widow of One of
those that have lost their Lives in the Service of the
The Answer returned was:
That the House of Commons will give a present
Conference, as is desired: To the rest of the Message,
(fn. *) they will send an Answer by Messengers of their own.
Message from the H. C. with Letters from the Scots;
A Message was brought from the House of Commons,
by Mr. Holles:
1. To communicate to their Lordships divers Letters
received from the Scotts, and the Commissioners there.
with Orders, &c.
2. An Order to send to (fn. †) the Assembly, from both
Houses; and to desire that Committees of both Houses
may deliver the same. (Here enter it.)
3. A Letter to be sent to the Army. (Here enter it.)
4. An Ordinance concerning maimed Soldiers.
(Here enter it.)
and for Assistants of this House to be examined against Lord M'Guire and M'Mahoune.
5. An Order, That Sir John Brampston, Mr. Serjeant
Fynch, and all others, (fn. ‡) Assistants of this House, that
can give any Testimony against the Lord Magwire,
Hugh M'Mahon, shall give in their Evidence to the
Grand Jury; and after to be present at the Trial in
the King's Bench, and be Witnesses against them.
Ordered, That the Lord Admiral and the Earl of
Pembrooke are appointed to join with a proportionable
Number of the House of Commons, to deliver the
Order to the Assembly.
The Answer returned was:
That this House hath appointed Two Lords, to join
with a Committee of the House of Commons, to deliver the Order to the Assembly; and that their Lordships do agree to the Letter to be sent to the Army,
and to the Ordinance concerning the maimed Soldiers.
Message from the H. C. for a Thanksgiving for taking Liverpool, and the Success in Lincolnshire;
A Message was brought from the House of Commons,
by Mr. Ashurst:
To desire their Lordships Concurrence, that Thanksgiving be made To-morrow, in all Churches and Chapels
within the Lines of Communication, for the taking of
Leverpoole upon Mercy; and the good Success in Lyncolneshire, in taking Six Hundred of the King's Horse
by Colonel Rosseter; and these to be added to the
Thanksgivings on the same Day.
and with an Order to explain the Ordinance for Middlesex.
2. To desire their Lordships Concurrence in an Order
for a further Declaration of the Meaning of the Ordinance concerning Midd. lately passed both Houses.
(Here enter it.)
The Answer returned was:
This House agrees that Thanks shall be given Tomorrow, for the good Success in taking of Leverpoole, and the County of Lyncolne; and do also agree
in the Order concerning the declaring the Meaning of
a Clause in the Ordinance concerning the County of
Ordinance for Provisions for the Earl of Manchester's Forces.
Next, the Ordinance for Twelve Hundred Pounds to
be paid by the associated Counties, for Provisions to be
sent the Earl of Manchester's Forces, was read, and
(Here enter it.)
The Lords went to the Conference, and the House
was adjourned during Pleasure; which being ended, the
House was resumed.
The Assembly to report what Progress they have made about Church Government.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Assembly be
sent to, (fn. *) to require them to return an Account to the
Houses, how far they have proceeded in the Matter
concerning the Government of the Church, and
speedily to send in what they have already prepared
touching that Matter; and to acquaint them, that the
Houses have received Desires, in Letters from the
Committee of the Estates of Scotland, to press an
Expedition in settling the Affairs of the Church."
Letter to the Committee residing with the Army near Newbury, to follow their Success.
"The Lords and Commons assembled in Parliament
have been informed of the great Blessing that God
hath bestowed upon this Kingdom, in that late Victory
near Newbery; and that, next to God's Goodness,
it was gotten by the singular Courage of the Officers,
and all the Soldiers, which in this Action was very
remarkable: They have commanded us to return their
Thanks to the whole Armies; and do desire the
Principal Officers to communicate this to all the rest;
assuring them, as they do highly value this Action,
so will they be ready to make it appear, by their
constant Care and Endeavours to supply them with
Monies and all necessary Accommodations, and shall
upon all Occasions shew their good Acceptance of
this Service, by their taking personal Notice of those
that have deserved so well.
"They are further advertised, that the Enemy is
drawing again together into a Body, with Prince
Rupert and Colonel Gerard: They therefore command us to recommend it to the Armies, that they
will chearfully march up, and endeavour to break
these scattered and disheartened Forces, that so God
may have the Glory, the Kingdom may enjoy the
Benefit, and the Armies have the Honour of being
the Instruments of an entire Victory; which that it
may be, shall be the hearty Prayer of
Westm. this 4th of November, 1644.
"Your very loving Friends.
"To the Committee residing in the Army."
Ordinance for a Collection on the Thanksgiving-day, for Relief of maimed Soldiers.
"Whereas God hath been lately pleased to bless
us with an happy Success and Victory over the
Enemies of this Kingdom, for which we have
abundant Cause to bless and glorify His great Name,
and to that Purpose have appointed Tuesday the 5th
of this Instant to be solemnly set apart and kept to
the Acknowledgement of the great Mercy of God,
who from Time to Time hath hitherto been our Deliverer and Preserver, from the Slavery and Oppression of those our fierce and cruel Enemies: The Lords
and Commons, taking into Consideration that this
great Deliverance hath been wrought for us, next
under God, by the great and undaunted Valour,
Courage, and Resolution of our Soldiers, who, having
so faithfully and affectionately ventured their Lives for
the Freedom and Liberty of their native Country,
have divers of them in this last Service received
many dangerous Wounds and Maims in their Bodies;
and being now brought unto The Savoy, and other
Places appointed for their Cure, are in Want of
divers necessary Provisions, which are forthwith fit to
be made ready for them; have thought fit hereby
to Order, That, upon the above-mentioned Day of
Thanksgiving, there shall be a Collection made, in
all the Churches and Chapels within the Line of
Communication, by the Churchwardens and other
Officers thereof, for and towards the Relief of the
abovementioned maimed and wounded Soldiers, to
be paid unto William Greenhill, John Pocock, John
Randall, and Richard Hutchinson, Citizens of London,
appointed to be Treasurers for receiving and paying
of Monies to sick and maimed Soldiers, at Tallow
Chandlers Hall, near Dowgate, on Thursday next,
being the 7th of this Instant November: And the said
Lords and Commons do hereby further Order, That
all the Ministers of the said Parishes and Chapels
shall earnestly persuade and stir up the People to a
chearful, compassionate, and liberal Contribution, to
so pious, charitable, and honourable a Work, it being for the Succour of those who have ventured their
Lives for the Defence of our Lives, Liberties, and
Religion, and have as yet, by the Mercy of God,
freed us here from the Bondage and Cruelty of our
Order to explain the Ordinance concerning Middlesex.
"It is this Day Ordered and Declared, by the
Lords and Commons assembled in Parliament, That by
["the First of October last"] mentioned in the Fourteenth Line of the Sixth Page of the printed additional Ordinance for the Ordering of the Militia of the
County of Midd. bearing Date 25 October, 1644, is
meant and intended the First of October, in the Year
1643, and so to be reputed and taken; and that the
Printer do alter the same accordingly."
Order for 1200 l. to be paid by the associated Counties, for Provisions for the E. of Manchester's Forces.
"Whereas it is found necessary, as well for the
Relief and Encouragement of the Parliament's Army
about Newbery, as also to prevent all unlawful or
disorderly Taking of Provisions upon the Country,
that some good Proportion of Victuals and Horse
meat should speedily be sent thither, from the City
of London; and whereas, upon Order of the House
of Commons, Three Thousand Pounds is appointed
for furnishing the same Provisions, whereof Twelve
Hundred Pounds allotted upon the Counties associated
under the Earl Manchester's Command is to be undertaken by Sir John Potts, a Member of the House of
Commons, and paid unto Bond, Commissary of
the Victuals, for Provisions to be delivered and sent to
the said Earl of Manchester's Forces: The Lords and
Commons do hereby Ordain, That the said Sum of
Twelve Hundred Pounds shall be satisfied unto the
said Sir John Potts, out of the First Monies raised
by the Weekly Tax for the Maintenance of the said
Forces under the Earl of Manchester's Command; and
that it shall be lawful for John Cory, of the City of
Norwich, or any other High Collector of the Monies
or Weekly Assessments so rated and gathered in the
County of Norffolke, to defalk and stay the said Sum
of Twelve Hundred Pounds, and the same to pay
unto the said Sir John Potts, whose Receipt shall be
a sufficient Discharge for the same, and shall be so
answered in Accompt to the Treasurers of the Association by the said High Collectors; any Words, Limitation, or Direction, in any former Ordinance, notwithstanding.
"An Ordinance of Lords and Commons assembled
in Parliament, for the Fining and Banishment
of Edmond Waller Esquire.
Ordinance for fining and banishing Edm. Waller.
"Whereas it was formerly intended, that Edmond
Waller Esquire, now Prisoner in The Tower of London,
should be tried by the Commissioners appointed for
the hearing and determining of Causes belonging to
the Military Cognizance, according to an Ordinance of
both Houses of Parliament, made the 26th Day of
August last past; and whereas, since, upon further
Consideration, and mature Deliberation had, of and
concerning him, and his Consessions of the Offence
for which he stands committed, and of his Petition
on this Behalf, preferred the 23th Day of September
last, it hath been and is thought convenient, by the
Lords and Commons in Parliament assembled, that
he be put to the Fine of Ten Thousand Pounds, and
Banishment; and that he be not further proceeded
against before the said Commissioners, or otherwise put
to further Question concerning the said Offence; and
whereas the said Edmond Waller hath thereupon paid
and satisfied, to the Use of the Parliament, the said
Sum and Fine of Ten Thousand Pounds (of which
he stands hereby fully acquitted and discharged): Be
it therefore Ordained and Established, by the said
Lords and Commons assembled in Parliament, That
the said Edmond Waller shall from henceforth stand
and be a Person banished out of the Realm of England,
and the Dominion of Wales; and shall be and stand
from and after the 6th Day of November next coming,
wholly discharged and freed from his Imprisonment
aforesaid; and shall, within Eight and Twenty Days
after such his Discharge of Imprisonment, go out of
and leave the said Realm of England; and thenceforth
shall continue and remain under and in the Condition
of such Banishment as aforesaid, not to return into the
said Realm or Dominion without the Consent of both
Houses of Parliament; and if he shall return into the
said Realm or Dominion without such Consent, he
shall incur such Punishment for the same as both
Houses of Parliament shall think sit: And it is further
also Ordained and Established, by the Authority aforesaid, That there shall be no further Proceedings
whatsoever against the said Edmond Waller, by the said
Commissioners, or by any of them, or by any other
Person or Persons whatsoever, for or by reason of
his said Offence, or of any Thing concerning the same;
and that the Sequestration of his Estate, and of every
Part thereof, be wholly taken off, and hereby is
wholly taken off and discharged, from the said 23th
Day of September last."
"Die Lunæ, 4 Novemb. 1644.
(fn. *) "An Ordinance of the Lords and Commons assembled in Parliament, for the speedy constituting of Sir Nathaniel Brent Judge of the
Prerogative Court, for the Probate of Wills,
and granting of Letters of Administration.
Ordinance for Sir N. Brent to be Judge of the Prerogative Court of Canterbury.
"Whereas William Merricke, Doctor of the Laws,
late Commissary General, Master or Keeper of the
Prerogative Court of Canterbury, wilfully, and contrary to his Duty, hath absented himself from due
Attendance on the said Office, revoked all Surrogations and Deputations by him made, in or near London, Kent, Middlesex, and other Places within the Power of
the Parliament, wilfully, and to the End that Justice
might not be administered in Causes Ecclesiastical in
the said Places, in Things to his Jurisdiction belonging; by reason whereof, the Administration of the
Goods and Chattels, Rights and Credits, of such
Persons who have died intestate, could not be had or
taken, nor the Wills of others who made their last
Wills and Testaments duly proved, nor Justice in
such Cases administered: The Lords and Commons
in Parliament assembled, taking into their Consideration the Necessity of that Service, Declare and Adjudge the said Place void of the said Doctor Merricke;
and him from the Execution of the said Office do
amove; and have Constituted and Ordained, and by
these Presents do Ordain, Sir Nathaniel Brent Knight,
Doctor of the Laws, by himself, his Deputy and Deputies, (fn. †) to use, have, exercise, and enjoy, the Office of
Master or Keeper of the said Prerogative Court, together with all and singular Emoluments, Wages,
Fees, Profits, Commodities, and Jurisdictions, to the
said Office belonging or appertaining; and do appoint
him the said Sir Nathaniel Brent, Doctor of the Laws,
by himself and Deputy or Deputies, sufficient to do;
execute, and perform, all such Offices, Duties, and
Things, as to the Master or Keeper of the said Court
doth belong or appertain, for the granting of Administrations, making Probate of Wills, and other Things
to do and perform, as fully and amply as by the Laws
and Statutes of this Land any Commissary General,
Master or Keeper of the said Court, ought to do and
perform; to have, hold, use, and exercise, the said
Office, with the Appurtenances, till it shall be otherwise Ordained by both Houses of Parliament; and that
all Processes, Probates of Testaments, Letters of Administration, and other Things whatsoever, which shall
pass the Seal of the said Court, shall pass in the Name
and Stile of the King, and with the Teste of the said
Sir Nathaniel Brent; and that the said Sir Nathaniel
Brent, in the Execution of his said Office, shall have,
in the Seal of his said Office, the King's Highness's
Arms decently set; with these Characters engraven
about it, sigillum curiæ prerogativÆ, and shall
use no other Seal for the said Office: And the said
Lords and Commons do further Ordain and Declare,
That all Probates of Wills, and Letters of Administration, and other Acts, that, since the Three and
Twentieth Day of May, which was in the Year of our
Lord God One Thousand Six Hundred Forty and
Three, have been done, or that shall be done hereafter,
by the said William Merricke, or any other Person or
Persons, as Master or Keeper of the said Office, other
than by the said Sir Nathaniel Brent, his Deputy or
Deputies, or by such Person or Persons as shall be
appointed by the Lords and Commons in Parliament
to grant such Administrations, or to take Probates of
such Wills, shall be void, and of none Effect to all
Intents, unless that the Administrators or Executors
that Claim thereby shall again take new Letters of
Administration, or make new Probate, according to
the Intent of this Ordinance, before the End of Hillary Term next, in the Year of our Lord God One
Thousand Six Hundred Forty and Four; in which Case
it is meant that they should not be prejudiced any
Way by this Ordinance, but that the said former Letters of Administration and Probate remain of Force,
any Thing in this Ordinance notwithstanding; nevertheless, every Person who had Right to demand Letters of Administration, or that might justly have opposed the former Probate of any such Will, at the
first granting of such Letters, and making of such
Probate, shall be heard ab integro, upon Demand of
such new Letters of Administration, or making of such
new Probate, to demand Letters of Administration,
and to oppose the Probate of any Will formerly proved as aforesaid, as fully and freely, and Justice shall be
done to all Parties respectively in like Manner, as if
no former Administration or Probate had been formerly granted or made.
"And further it is Ordained, That in Case that
Opposition of any Letters of Administration or Probate formerly made as aforesaid shall be made, and
Suit thereon arise, and not determined before the
End of the said Term, then the Administrators or
Executors shall have further Time and Liberty to
take new Letters of Administration, or make new
Probate, as the Justice of their Cause shall require,
until that the same Suit shall be ended or determined;
and then, within One Term next following, to take
new Letters of Administration, or make new Probate,
and be in like Condition as if the same had been done
before the End of the said Hillary Term; provided
also, that in Case of the Repeal or Avoidance of any
Letters of Administration, or Probate, by virtue of
this Ordinance, all Payments and Acts legally and
bond Fide done, unto or by such Executors or Administrators, shall be held good and effectual; saving
that then such Executors or Administrators respectively shall be answerable for what remains in their
Hands unadministered, or is disposed away to their
own Use, or in Trust for them, to such Executors or
Administrators who shall obtain Probate of the Will
or Administration according to the Intent of this
Ordinance, to be administered by such Party to whom
Administration shall be granted, or who shall make
Probate according to this Ordinance, as to Justice shall
appertain, and as to the Office of an Executor or
Administrator appertaineth to do.
"Die Lunæ, 4 Novemb. 1644.
"Ordered, by the Lords in Parliament assembled,
That this Ordinance, for the constituting a Judge of
the Prerogative Court of Canterbury, be forthwith
printed and published.
"J. Brown, Cler. Parliamentorum."
House adjourned till 9a cras.