DIE Lunæ, 1 die Decembris.
Prayers, by Mr. Hickes.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Ordinance for Mortimer to be a Serjeant at Arms.
The Ordinance for making James Mortimer a Serjeant
at Arms, in the Place of Mathew Francis deceased, was
presented to this House, and read; and approved of,
and Ordered to be sent to the House of Commons,
for their Concurrence.
Message to the H. C. with the Bristol Ordinanee, and L. Fairfax's & al. Petition; and for Sir Rivet Eldred to be excused serving as Sheriff of Suff.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
1. To deliver the Ordinance concerning Bristoll, with
the Alterations; and desire their Concurrence therein.
2. To deliver the Petition of Sir Rivett Eldred to
them; and desire their Concurrence, that he may be
exempted from his Place of High Sheriff, and another
nominated in his room.
3. To communicate unto them the Petition of Wm.
Viscount Fairefax and his Brothers and Sisters, with Recommendations.
Answer to the Scots Papers.
The Answer of both Houses to the Scotts Papers
(fn. *) was read Once.
Ordinance to re-pay Monies to the Eastern Association.
The Ordinance concerning the re-paying of Monies
which the Counties of the Eastern Association have disbursed upon Alarums, was read the Second and Third
Time, and Agreed to. (Here enter it.)
Ne exeat Regnum, against De Liques.
Ordered, That there be an Ne excat Regnum granted
against Peter De Liques, that he shall not go out of
this Kingdom, until the Business between him and others
be heard and determined by this House.
Ly. Leviston's Petition, for her Husband's Arrears.
Upon reading the Petition of Dame Arbella Leviston,
Wife to Sir John Leviston, Lord Duneepeece; shewing,
That her Husband, serving in the Scotts Army, have
lost his Life; and so she, being a Widow with Five
Children, is in Distress: Therefore she desires that
some Part of her Husband's Arrears as will transport
her into her Native Country of Scotland, and maintain her, may be allowed her."
It is Ordered, That this Petition be recommended
to the House of Commons.
L. Stanhope, Leave to be absent.
It was moved, on the Behalf and Desire of Charles
Lord Stanhope, "That, in regard of his Indisposition,
(fn. *) which doth render him uncapable to wait upon this
House, he desires he may have Leave to retire himself into the Country, as soon as he may adventure
himself with any Safety to his Health; and that he
may have Leave to substitute a Proxy."
It is Ordered, That this House gives the Lord Stanhope Leave to be absent, for his Health's sake.
Upon reading the Petition of Ric'd Gouland, Master
of Arts, Keeper of the College Library at Westm.
(Here enter it.) It is Ordered, To be recommended
to the House of Commons.
Sir H. Mildmay's Claim to the Barony of Fitz-Walter to be heard.
Upon reading the Petition of Sir Henry Mildmay, of
Moulsham, Knight, Cousin and Heir to Robert late Earl
of Sussex, Lord Fitzwalter; shewing, "That, by the
Death of the said Robert late Earl of Sussex, and
Lord Fitzwalter, the Title of Lord Fitzwalter descended to him, as his Cousin and Heir; that he, being
intitled to the same, did, in the Beginning of this Parliament, make his Claim thereunto; and did, by Petition to His Majesty, claim the said Title; whereupon,
the 20 of April, 1641, His Majesty referred the said
Claim to this House, as by the Petition and Reference
may appear: That he did accordingly prosecute his
Claim in this House; whereupon this House hath not
proceeded to the Hearing of his said Claim:
Therefore the Petitioner desireth, that, with what
convenient Speed this House shall think fit, a
Hearing of his Claim may be appointed.
King's Counsel and Sir T. Cheek to have Notice.
It is Ordered, That a Hearing shall be the Second
Tuesday in the next January; and the King's Counsel,
as Mr. Solicitor, Mr. Serjeant Wyld, and the rest, are to
have Notice of it, that so they may be heard for the
King, if they think fit; and likewise Sir Thomas Cheeke
and others whom it concerns are to have Notice of it,
that they may (fn. *) be heard if they desire it.
Sir Charles Mordaunt and Cole.
Ordered, That Sir Charles Mordant, having given
Mr. Bassett Cole Satisfaction, shall be released absolutely
from his Restraint.
Sir O. Fleming, Privilege.
Ordered, That Sir Oliver Fleming Knight, Master
of the Ceremonies, in regard of his great Service to
the Parliament, and that he is a Servant to the Parliament upon all Occasions, shall be protected, by this
House, from all Arrests, both in his Person and Goods.
Ordered, That the Gentleman Usher shall bring to
this House all those Persons that he hath apprehended
concerning Ihannes' Business, that so this House may
proceed against them.
Ordinances, &c. for Concurrence.
The Ordinance for taking off the Sequestration of
John Anderson, was read, and Agreed to.
(Here enter it.)
The Ordinance for taking off the Sequestration of
Tho. Brooker, was read, and Agreed to. (Here enter it.)
The Order for making Phillip Jones Governor of the
Garrison of Swansey, was read, and Agreed to.
(Here enter it.)
The Order for making Edward Clerke Esquire High
Sheriff for the County of Oxon, was read, and Agreed
to. (Here enter it.)
The Order for discharging Lieutenant Colonel Lilbourne from the Fine in the Star Chamber against him,
was read, and Agreed to. (Here enter it.)
The Order for making Edward Prichard Esquire to
be Governor of Cardiff, was read, and Agreed to.
(Here enter it.)
An Ordinance for re-paying to the several Counties
of the Eastern Association such Monies as they have
expended in raising of Forces upon Alarums, was read,
and Agreed to. (Here enter it.)
Ordinance for re-paying Monies, which the Counties of the Eastern Association disbursed upon Alarums.
The Lords and Commons now in Parliament assembled, taking into Consideration how that several great
Sums of Money have been lately raised and disbursed,
in the several Counties of the Eastern Association, in
resisting and preventing the mischievous Designs of
the Enemy, who, by Alarums, Invasions, and many
other Ways, have endeavoured to distract the Peace
of those Counties; and the Committee of the said
several Counties, of their great Zeal and good Affection to their Country, have, by themselves and their
Friends, undertaken for, and given their own Security
for the Re-payment of, the said Monies; but no
Provision is yet made for the reimbursing and true
Payment thereof, to the utter Undoing of many wellaffected in those Counties: Be it therefore Ordained,
and it is Ordained, by the said Lords and Commons,
That, for the Satisfaction and present Payment of all
such Sums of Monies disbursed as aforesaid, for the
Public Service, and necessary Defence and Preservation of the said Counties, there shall be taxed, levied,
and paid, at or before the 20th of December, in the
Year of our Lord God 1645, the several Sums of
Money upon the several Counties hereafter-mentioned respectively; (videlicet,) upon the County
of Norff. the Sum of Seven Thousand and
Twenty Pounds; upon the City of Norwich, the
Sum of Three Hundred Sixty and Six Pounds; upon
the County of Essex, the Sum of Six Thousand
Seven Hundred and Fifty Pounds; upon the County
of Lincolne, the Sum of Two Thousand and Seventy
Pounds; upon the County of Hertford, the Sum of
Two Thousand Four Hundred Thirty-two Pounds,
and Ten Shillings; upon the County of Suffolke, the
Sum of Seven Thousand and Seventy Pounds; upon
the Isle of Ely, the Sum of Seven Hundred and
Twenty-eight Pounds, Thirteen Shillings, and Four
Pence; upon the County of Cambridge, the Sum of
Two Thousand One Hundred Seventy-one Pounds,
Six Shillings, Eight Pence; upon the County of
Huntingdon, the Sum of One Thousand and Twenty
Pounds: And, that the said several Sums of Money
may be duly taxed, levied, and paid, be it further Ordained, That several Persons named to be Committees, in the Ordinance of Lords and Commons for
raising and maintaining of the Army under the Command of Sir Thomas Fairefax, for the said Counties,
Cities, and Places as abovesaid, shall and may be
Committees for the putting this Ordinance in Execucution, and shall and may assess and levy, or cause to
be assessed and levied, within the said Counties, Cities,
and Places aforesaid respectively, the said several Sums of
Money, according to the usual Proportions within the
said Counties, Cities, and Places, or as may be most
indifferently assessed and imposed upon the said Counties respectively; and that all Persons, Bodies Politic
and Corporate, all Manors, Lands, Tenements, Rents,
and Hereditaments, Goods, and Chattels whatsoever,
charged or chargeable by virtue of the said Ordinance for the Payment of the Army under the Command of Sir Thomas Fairefax, shall be also charged
and chargeable with the Payment of the said several
Sums mentioned in this present Ordinance; and that it
shall be lawful for the said Committees, or any Five
or more of them, to nominate Assessors, Collectors,
and Treasurers, for the assessing, collecting, and receiving, of the said several Sums of Money; and that
the said Committees, Assessors, Collectors, and Treasurers, shall and may do all Things, and execute all such
Power, for the assessing, collecting, and receiving of the
said several Sums of Money, within the said Counties respectively, as the said Committees, Assessors, Collectors, and Treasurers, have Power to do, by virtue of
the said Ordinance, for the Payment of the Army
under the Command of Sir Thomas Fairefax; and
that the Committees of the several Counties respectively shall allow such Fees and Sums of Money, for
Collectors, Treasurers, and others, by them employed,
or to be employed, in assessing, collecting, levying,
receiving, and paying, the said several Sums, as are
named and allowed of in the said Ordinance, and not
otherwise: And it is further Ordained, by the said
Lords and Commons, That the Treasurer or Treasurers appointed to receive the said Monies, by virtue of this Ordinance, within the said Counties respectively, shall not issue forth or pay any Sum or
Sums of Money to any Person or Persons whatsoever,
but to the Uses in this Ordinance mentioned, and also
by Warrant in Writing under the Hands of Ten or
more of the Committees of the several Counties respectively; and that the said Treasurers and Collectors
shall, from Time to Time, give Accompt of their
Receipts and Disbursements to the Committee of Lords
and Commons for the Eastern Association, as by both
Houses of Parliament they shall from Time to Time
Ordinance to clear Anderson of his Delinquency.
Whereas John Anderson, of London, Gentleman,
hath, by both Houses of Parliament, been admitted
unto his Fine of One Hundred Pounds, for bearing
Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize
and appoint the Commissioners of the Great Seal of
England to pass a Pardon for the said John Anderson,
in usual Form, with a Grant and Restitution of his
Lands, Goods, and Chattels, and other Estate for
which the said Fine was accepted, according to a Particular thereof made, and of all Mean Profits, from
the 7th Day of October, 1645; and Oliver St.
John Esquire, His Majesty's Solicitor, is hereby required to prepare a Pardon accordingly."
Ordinance to clear Brooker of his Delinquency.
Whereas Thomas Brooker, of Byford, in the County
of Hereford, Esquire, hath, by both Houses of Parliament, been admitted unto his Fine of Four Hundred
Pounds, for that he voluntarily went from his Habitation into the Enemy's Quarters, there aiding and
assisting the King against the Parliament by Contributions and otherwise: The Lords and Commons assembled in Parliament do hereby authorize and appoint
the Commissioners of the Great Seal of England to
pass a Pardon for the said Thomas Brooker, in usual
Form, with a Grant and Restitution of all his Lands,
Goods, and Chattels, and other Estates for which the
said Fine was accepted, according to a Particular
thereof made, and of all Mean Profits, from the 12th
Day of August, 1645; and Oliver St. John Esquire,
His Majesty's Solicitor General, is hereby required to
prepare a Pardon accordingly."
Jones to be Governor of Swanzey.
The Lords and Commons assembled in Parliament
do nominate and approve of Phillip Jones Esquire
to be Governor of the Garrison of Swansey, in the
County of Glamorgan; and that the Members of both
Houses that are of the Committee of both Kingdoms
do grant him a Commission accordingly."
Clerk, to be Sheriff of Oxon.
The Lords and Commons in Parliament assembled
do nominate and approve of Edward Clarke Esquire,
to be High Sheriff of the County of Oxon; and that
the Commissioners of the Great Seal do grant him a
Patent for Sheriff, in Form usual, accordingly.
Order to take off Colonel Lilbourne's Fine in the Star Chamber.
Ordered, by the Lords and Commons in Parliament assembled, That Lieutenant Colonel Lilborne be
discharged of the Fine set upon him in the Star
Prichard to be Governor of Cardiff.
The Lords and Commons assembled in Parliament
do nominate and approve of Edward Prychard Esquire,
to be Governor of the Town and Castle of Cardiff;
and that the Members of both Houses that are of
the Committee of both Kingdoms do grant him a
Gouland, Librarian of Westm. Abbey, Petition for his Arrears, and for Money laid out for Books.
To the Right Honourable the Committee of
Lords and Commons for the regulating of
the Government of the College Library at
That, by a Patent under the Seal of the Dean
and Chapter of Westm. dated the 18th of December,
1626, the Office of Library-keeper aforesaid was
duly granted unto the Petitioner, for Term of his
Life, with a Salary of Twenty Pounds per Annum,
and a Commons at the Dean and Prebends Table,
as by his said Patent appeareth; as also a convenient Lodging, for his better Attendance upon
the Place, by their Chapter Act of the same Date;
all which, save the Commons, that upon breaking
up of House-keeping was converted into an Yearly
Allowance of Thirteen Pounds, Six Shillings, and
Eight Pence, he hath constantly ever since enjoyed,
according to the said Grant, till these last Three
Years, that the same, together with his Salary of
Twenty Pounds per Annum, is behind, and in Arrear
That the Place of Library-keeper aforesaid was
and still is a Place of Necessity, and of Daily Attendance; many of the Reverend Divines of the Assembly
and other Personages of Quality frequently repairing
to the said Library, and making great Use thereof.
That the Petitioner did likewise, about the Beginning of this Parliament, disburse, for the Provision
of some necessary Books which the Library wanted,
the Sum of Eleven Pounds, Ten Shillings; that was
approved of by the Dean and Prebends as a good
Service, and at their last Chapter ordered to be
repaid, but remains yet unsatisfied.
Now, as much as that, for Want of his said
Yearly Salary and Allowance for Commons
for these Three last Years, the Petitioner hath
been inforced to borrow Monies for his
Maintenance, and hath not otherwise wherewith to make Satisfaction, or to subsist hereafter:
He therefore humbly beseecheth your
Honours, taking into Consideration the
Necessity of the said Office, and the
Petitioner's necessary and daily Attendance upon the same, with his diligent
and faithful Performance, as also the
Wants and Necessities he is driven unto;
that you would be pleased, out of your
Honours well-known Love to Justice,
and to the promoting of Good-letters,
upon the whole Matter to commiserate
the Petitioner's distressed Condition, and
graciously be pleased to give Order that
his said Arrears, together with the said
Eleven Pounds, Ten Shillings, laid out
by him for Books, may be satisfied and
paid him; and that, for the future, he
may duly receive the said Salary, and
Allowance for Commons, as heretofore,
that he may be encouraged chearfully
to proceed in the said Service and Daily
Attendance upon (fn. *) the said Office.
And the Petitioner, as in Duty he is
bound, shall daily pray, &c."
House adjourned till 9a cras.