DIE Mercurii, 7 die Januarii.
PRAYERS, by Mr. Newcomen.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Orders, &c. from the H. C. for Concurrence.
The Instructions for Reprizals read, and approved by
this House. (Here enter it.)
Order of the House of Commons, to make Commissioners Navy Justices of Peace.
(Here enter it.)
Order of the House of Commons for the Commissioners of the Navy. (Here enter it.)
Ordinance House of Commons, Commissioners Customs to sell Goods in Warehouses.
(Here enter it.)
Report concerning the Proceedings against the E. of Stamford, for assaulting Sir A. Hasilrigg.
The Lord Robertes reported from the Committee of
Privileges, the whole Business concerning the Earl of
Stamford, and his Letter, which was of Three Parts.
(Here enter the Report.)
"1. Concerning the Conference with the House of
Commons about the Earl of Stamford's Business,
and their desiring the Concurrence of this House in
"2. Concerning the Examination of Poulton."
The House taking the Business into Consideration;
it is Resolved, by this House, That the House of Commons desiring the Concurrence of this House in their
Vote is a Breach of the Privilege of this House.
Ordered, To have a Conference with the House of
Commons about this Business.
Ordered, The Earl of Stamford hath Leave to make
his Application to the House of Commons concerning
himself, as he shall think fit.
Ordered, That Henry Poulton shall be examined in
the Earl of Stamford's Cause de'bene esse.
Message to the H. C. for a Conference about it.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Mr. Page:
To desire a Conference, To-morrow Morning, at Ten
a Clock, touching the former Conference concerning
the Earl of Stamford's Business.
Ly Harcourt's Ordinance.
Ordered, That the Reference to Mr. Justice Reeves,
concerning the Lady Harcourt's Business, shall be reported to this House on Monday Morning next; and
and Mr. Justice Rolls and Mr. Baron Atkins to be added,
to be Referrees.
E. of Suffolk versus the Executors of Sir R. Hitcham.
Ordered, That the Business of the Demurrer touching the Earl of Suff's Cause is referred to the Consideration of these Lords Committees, who are to report the
same to this House:
L. Viscount Say & Seale.
Any Five, to meet on Tuesday next, in the Afternoon, at Three of the Clock; and all the Judges
to be assistant.
Papers from the Scots Commissioners.
The Lord Viscount Say & Seale reported divers Papers from the Committee of both Kingdoms:
"Die Martis, 6 Januarii, 1645.
"At the Committee of both Kingdoms, at Derby
"Ordered, That such Papers as the Commissioners
of Scotland shall send to the Reporters To-morrow be
by them reported to both Houses."
(Here enter the Papers.)
Message from the H. C. to expedite Ordinances.
A Message was brought up, by Mr. Nicolls, &c. To
desire Expedition to these Ordinances formerly brought:
1. An Ordinance concerning Continuance of the
Committee of the Army and Treasurers at
2. An Ordinance for impressing Soldiers, for the
Recruit of the Army.
3. Ordinance for punishing imprested Soldiers that
run from their Colours.
The Answer returned was:
That this House will send an Answer by Messengers
of their own.
Message from thence, about a Plot intended on the King's coming to London;
A Message was brought from the House of Commons, by Sir Henry Mildemay &c.
that they will secure the City;
1. To acquaint their Lordships with an Examination
taken by a Committee of the House of Commons, concerning some Plots which should be upon the King's
coming to London; and that the House of Commons
are resolved to secure the City, and the Town and Parliament, before (fn. *)
they meddle with any Private Business.
(Here enter it.)
and to pass Ordinances.
2. To desire their Lordships would pass those Public
Ordinances as lye here.
3. An Ordinance concerning (fn. †)
(Here enter it.)
The Answer returned was:
That this House will take the Private Ordinances
into Consideration speedily; and that this House agrees
to the Ordinance concerning Lyncolneshire.
Sir W. Russel & al. and Lenthall & al.
Ordered, That Sir Wm. Russell's Business shall be
taken into Consideration on Saturday Morning next.
Scots Commissioners to be conferred with, to expedite the Answer to the King.
Upon reading the Paper of the Scotts Commissioners
this Day, dated the 6th of January, concerning the
Answer to the King's Letter: It is Ordered, That it
is referred to the Members of both Houses that are
of the Committee of both Kingdoms, to confer with
the Scotts Commissioners, to give them Satisfaction to
the other Part of their Paper, that the Answer be not
Private Causes to be heard P. M.
Ordered, That such Private Causes as are appointed to be heard in the House shall be heard in the Afternoons.
Examination concerning a Plot intended on the King's coming to London.
"examined, faith, heard Prince
Robert with many Oaths swear, That if his Uncle
could but get into London, though but with Three
Hundred Men; before He had been there Three
Hours, He should have Three Thousand, Three
Thousand, and Three Thousand too; and that He
Himself would cut all the Throats of the Roundheaded Rogues that sit in the Parliament.
"That Prince Rob't said, his Uncle had many
Friends in London which durst not shew themselves;
but when his Uncle came, (fn. *)
they would; and then
He did not doubt to make good all their Losses:
And Prince Maurice confirmed and agreed to the
Speeches of his Brother, by many Oaths.
"And this, this Examinant is ready to make good,
to be most true, upon his Oath.
"And this Examinant further saith, That the Reformadoes being about to guard His Majesty's Person on New Year's Eve at Night, it was noised that
His Majesty would go to London the next Morning,
whether the Letters from the Parliament came or
no; upon this, there was a Puzzle in Oxford, to
provide to go accordingly: And that it is the general
Voice, that their Party is so great here, as they have
Assurance from those who come from London daily
without Interruption, that their Party is so great
here, that, if His Majesty come, they shall easily
destroy the City and the Parliament, and take all
"Upon the Stop of His Majesty's coming; the next
Day it was ordered, that all the Troopers should
quarter in and about Oxford upon Free Quarter for a
Fortnight, because they hope to come before that
Instructions for Reprisals.
"Whereas the Committee of Lords and Commons
for the Admiralty and Cinque Ports are, by an Ordinance of both Houses of Parliament, authorized
and enabled to do and execute all such Things as
appertain to the Office of Lord High Admiral of
England; and whereas it is Ordained by another Ordinance of Parliament, dated 30 Novembr. 1643,
That it shall and may be lawful for any His Majesty's good Subjects, that shall be approved and thereunto appointed by the Lord High Admiral of England appointed by both Houses for the Time being,
in warlike Manner, to equip, arm, furnish, man,
and set out to Sea, such and so many Ships as they
shall think fitting; and with the same to seize, surprize, and take, all and all Manner of Ships and
Vessels which they shall meet withall, in or outwards
bound, from any Port or Place within any His Majesty's Dominions, being in Hostility against the Parliament, or coming from or returning to any such
Port or Place, or that shall be found to have traded
with the Inhabitants of any such Port or Place since
their Defection from the King and Parliament; and
also to seize, surprize, and take, all and all Manner of Ships and Vessels belonging to any Rebel
or Rebels in Ireland, together with the Ordnance,
Ammunition, Victuals, Goods, Commanders, and
Soldiers, in the said Ships; 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 that the Ships to be so employed shall have Liberty to seek and take their
Purchase where and how they please, according to
such Instructions as shall from Time to Time be
given them by the Lord High Admiral of England,
or the Commissioners of the Admiralty, appointed
by both Houses, for the Time being; and whereas
this Committee hath been petitioned by
Owners of the Ship The, for our
approving of them to employ the said Ship under
Command of Captain: In Execution
of the Powers granted by the said Ordinance, we do
hereby signify and declare, That we have approved
and appointed, and do hereby approve and appoint,
the said Petitioners, in warlike Manner, to equip,
furnish, and arm, the said Ship The; and
to place in her a competent Number of Soldiers,
Mariners, and Gunners, with necessary Arms and
Provision; and the same, so manned, equipped,
armed, and provided, to set forth to Sea, under
Command of the said Captain; and the
said Captain to employ the said Ship
for doing and performing the Services hereafter mentioned; (that is to say,) for the seizing, taking, and
surprizing, of all Ships and Vessels belonging to any
of His Majesty's Subjects, which the said Ship shall
meet withall, in or outwards bound, from any Port
or Place within any of His Majesty's Dominions
being in Hostility against the Parliament, together
with all the Ordnance, Ammunition, Victuals, Goods,
Commanders, and Soldiers therein; as also for the
seizing, surprizing, and taking, of all and all Manner of Ships and Vessels whatsoever, with the Ordnance, Ammunition, Victuals, and Goods therein,
belonging to any Rebel or Rebels in Ireland, or which
shall be going to, or coming from, any Port or Place
in Ireland in Hostility against the Parliament; as also
for the seizing, surprizing, and taking, of all and
all Manner of Ships and Vessels, belonging to the
Subjects of any Foreign Nation, going to any Port
or Place in Hostility against the Parliament, with
Arms, Ammunition, or other Contrabando Goods,
for Supply of the Forces raised against the Parliament; as also for the seizing, surprizing, and taking,
of all Pirates and Sea Robbers, of what Nation soever, and their Ships and Goods whatsoever, according to the Authority, Meaning, and true Intent, of
the said Ordinance of the 30th of November, 1643:
Provided, That, before the going forth of the said
Ship, the said Captain, together with
the Master and principal Officers thereof, or such
other sufficient Persons in their Behalf as shall be
accepted of by the Judge of the Admiralty for the
Time being, do and shall enter into Bond of Two
Thousand Pounds in the Admiralty Court, with Condition, that neither the said Commander of the said
Ship, nor the Master or Company, or any of them,
shall, under Pretext of the said Ordinance, or of
these Instructions, spoil or damage any of the King's
Subjects, nor any of the Friends or Allies of this
Kingdom, other than such as are intended by the
said Ordinance and these Instructions; as also that,
for Justifications of the Prize or Prizes that the said
Commander shall take, he shall bring into the Registry of the High Court of Admiralty all such
Cockets, Bills of Lading, and other Documents
and Writings, as he or any of his Company shall
take or find in any such Ship or Vessel; and shall
bring in with every such Ship or Vessel Two or
Three of the principal Officers thereof, taken in
the same, to be examined by the Judge of the Admiralty, or such as he shall appoint, concerning the
Property of the said Ship, Vessel, or Goods therein, and to such other Questions and Interrogatories
as he shall think fit to administer in that Behalf;
and also that neither he nor they, nor any of them,
shall break Bulks, spoil, waste, or diminish, any of
the said Ships or Goods, until they shall be ad
judged in the High Court of Admiralty to have
been lawfully taken, according to the true Intent
and Meaning of the said Ordinance and these Instructions, and a true and just Inventory and Ap
praisement (fn. *)
taken and made of the same And the
Judge of the Admiralty is hereby prayed and required to take Bond accordingly, and to certify
the same under the Seal of the Admiralty Court,
without which no Benefit is to accrue to the said
Commander, Officers, Mariners, or any others interested in the said Ship, by any Thing done in
Pursuance thereof And the said Captain
shall truly pay and deliver to such Collectors or
Receivers as both Houses of Parliament, the Committee of the Admiralty, or the Lord High Admiral for the Time being (appointed by both Houses
of Parliament), have or shall appoint, the full Tenths
of every such Prize as shall be taken by virtue of
the said Ordinance or these Instructions
"Resolved, &c That the Committee for the Admiralty do give Instructions to such fit Persons as
shall desire to set forth Ships as Private Men of War
according to the Tenor aforesaid, notwithstanding
any former Order or Ordinance to the contrary"
Order for the Commissioners of the Navy to be Justices of Peace
Ordered, by the Lords and Commons assembled in
Parliament, That Captain Crondley, Captain Morris,
and Captain Tweedy, be inserted into Commissions, and
made Commissioners of the Peace, in the several Counties of Midd Surrey, Essex, Kent, and South'ton, respectively
Ordinance to continue the Commissioners of the Navy
"Ordered, by the Lords and Commons assembled
in Parliament, That the present Commissioners of
the Navy, (that is to say,) Captain Crandly, Captain
Morris, and Captain Tweedy, do act, and are hereby
authorized to act, as Commissioners of the Navy,
according to the several Powers given them with
others by the Ordinance of the 15th Day of September,
1642, until both Houses of Parliament shall take
further Order, and that, from that Time, they and
every of them shall have allowed and paid unto
them, by the Treasurer of the Navy, upon and by
the Order and Direction of the Committee of the said
Navy, the Sum of Two Hundred Pounds per Annum
unto each of them, during their Employment"
Order for the Commissioners of the Customs to sell Goods in their Warehouses that are not claimed
"Whereas the Commissioners of the Customs have,
according to several Orders of the Committee of the
Navy, returned an Inventory of all such Goods and
Merchandizes as remain in the Great Warehouse belonging to the Custom house in the Port of London,
as have been brought in and remained there till the
last of December, 1643, unperfected, and have caused
the same to be viewed and valued, and for that the
said Goods are decayed, by reason of their long lying there, and not any Merchant appearing to lay
Claim to the said Goods, and to pay the Customs
and Duties due and payable for the same It is
therefore Ordered and Ordained, That the Commissioners of the Customs depute the said Goods
and Merchandizes to Sale, to the best Advantage of
the State, and that the Monies arising upon the
Sale of the said Goods to receive from the several
Buyers, and to issue out the same so received as they
shall, from Time to Time, receive Order from the
Committee of the Navy, and the said Commissioners
are to give Public Notice by Writing, on The Royall
Exchange, London, Six Days before the Sale of any
of the said Goods and Merchandizes Provided,
That, if any Person shall make Claim and good
Title unto any of the said Goods within Two Months
after the Sale thereof, he shall receive Satisfaction
for the same from the Parliament"
Order for Payment of Monies to the Lincoln Forces
"Ordered, by the Lords and Commons assembled
in Parliament, That the Monies formerly assigned by
Ordinances of Parliament for Maintenance of the
Lincoln sheir Forces since the Association, which
could not then be gathered by the Collectors of
those Parts, and are sithence gotten in by the Committee of Accompts, and remaining in then Hands,
be paid to the Treasurer of the Forces there, and
disposed of according to the Directions of the Committee appointed to reside with those Forces"
Paper from the Scots Commissioners about the Answer to the King s Letters
"Haveing considered the Order of the House
of Commons delivered to us by your Lord
ships this Afternoone, wee doe retourne this
"1 First, That wee doe well remember the Ex
pressions contained in the mentioned Remonstrance,
and that the Generall Assembly conceived that these
Expressions could not bee interpreted to any further
End then to move His Majesty to Repentance, unto
which they doe soe earnestly and expressly exhort
Him, with Promises and Threatnings, in the Name
"2 That many Things may bee seasonably re
presented from the Generall Assembly of a Church,
in a Remonstrance of that Kinde, which the State
may judge not necessary to bee expressed, in order to
"3 That wee intend noe other Thing in that Expression, but that wee hould forth, (videlicet,) To
prevent as much as may bee such Misinterpretations
as are to frequently put upon the Actions and
Expressions of the Parliaments of both Kingdomes,
contrary to their Intentions
"4 If the Houses of Parliament, after Consideration, judge it fitt to retaine the former Expressions,
wee will not further insist, but desire and expect
Sattisfaction to the other Parts of our Paper, that
the intended Answere bee noe more retarded
6 Januarii, 1645/6
"By Commaund of the Commissioners
for the Parliament of Scotlono
Paper from them about the Maintenance of their Force before Newark and a Resolution of the H C for abridging their Number
"When wee were expectinge that a speedy and solid
Course should have beene layd downe for Mainte
nance of our Forces, which were with soe much
Importunity invited by the Houses of Parliament,
to come before Newarke, wee here nothinge sattisfactory concerning their Maintenance, but are sur
prised by some unexpected Resolve of the House of
Commons for abridging their Number, which wee
conceived would rather have desired to bee increased, for the more effectuall pursueinge of the Worke
they were first and last called unto, the Engagments and Undertakeings of the Kingdome of Scot
land for this Kingdome, when the Parliament was
in such a Condition as wee thinke noe Prosperity
will ever make them forgett the Tyme and Season
of the Entry of the Forces of that Kingdome into
England, and their Actions and Sufferings sithence,
which wee desire may bee rather remembred by the
Honnorable Houses then commemerated by us,
and their constant Desires and Endeavors till this
Day, amidest their owne Troubles, to doe the best
Service they can to this Kingdome, according to
the Solemne League and Covenant of both Kingdomes All these doe hinder and forbidd us to apprehend any Jealousy to bee the Cause of this Resolution of the House of Commons Wee cannott
conceive, when the Number of our Foote which
entered this Kingdome is soe much diminished, part
ly by their Sufferings here, and partly by the necessary retourninge some of them into Scotland for
opposeing those who have noe other Controversy
against us but our Assistance given to this Kingdome, and cannott bee opposed and pursued by Horse,
but by Foote; that it can either stand with Reason
and Equity, in such a Constitution of Affaires, or
with the true Meaning of the Treaty, that there
shall not bee above Two Thousand Horse and One
Thousand Dragoones in the Scottish Army in this
Kingdome; the specifyinge of which Number was,
as the Words themselves doe import, that the
Number should not bee under it, the Kingdome
at that Tyme being unwilling to engage themselves for a greater Number then 3000 Horse and
Dragoones, not that the Number should not bee
above it, which wee beleeve would then have
bin very acceptable, and, if the present Necessityes of that Kingdome could have bin forknowne, would not have bin refused for the future; like as when the Scottish Army did enter into this Kingdome, their Number was aboute 3000
Horse and 500 Dragooners, and soe continued without any Exception to the contrary till Monday last;
and when afterwards the Earle of Callend'r was invited by both Houses to come upp for their Assistance, his Forces made a further Addition of
Horses; and as, when the Scottish Army did enter
into this Kingdome, there was a Necessity of a good
Strength of Foote for opposeinge the Enemy, who
then had a very considerable Infantry, soe afterwards,
when, by the Blessing of God upon the Forces of
both Kingdomes, the Enemye's Strength was much
diminished, and they began to encrease the Number
of their Cavalry, and turne themselves into a flying
Army, it was necessary that the Scottish Army for
their owne Safety and Security should encrease the
Number of their Horse; otherwise it had bin altogether impossible for them either to pursue the Enemy goeing away, or to preserve themselves from
being starved through Want of Victualls upon his
"And when the Troubles of Scotland were encreased through the Invasion of the Irish, while wee were
assisting this Kingdome, some Regiments of our Foote
were called Home for suppressing thereof; but all
the Horse did continue in this Kingdome, with
the Approbation of the Parliament, for opposeing
the Forces of the Enemy, which did consist most
in Horse, and did good Service against them, in
hindring their Recruits, and preventing their goeing
Northward upon severall Occasions; and wee cannott understand why it should be subject to Exception now, or that the Diminution thereof should
bee pressed, they haveing lately expressed soe greate
Forwardnes to engage against the Enemy: And
since the lessening of their Number could not but
render them contemptible in the Eyes of the Enemy, and expose them to daily Affronts and Injuryes; wee doe therefore earnestly desire, that a speedy Course may bee taken for their Maintenance,
and that (without Prejudice to the Treaty) there
may bee paid, according to their Mustars (which
shall never bee denyed), to each Trooper 18 d.
and to each Foote Souldier 6 d. whereof Two
Parts in Provisions, and Third Part in Money,
and Halfe Pay to the Officers, which is the least
can bee demanded for their present Subsistence: And if the House of Commons shal bee
pleased to insist upon that Resolve delivered to us
Yesternight, wee shall communicate the same to the
Parliament of Scotland, who, noe Doubt, will retourne such Answere as shal bee agreeable to the
Treaty, and the Interest and Good of both Kingdomes; and in the meane Tyme wee doe expect
that Care shal bee taken for their present Maintenance.
6 Januarii, 1646/5.
"By Comaund of the Commissioners for
the Parliament of Scotland.