DIE Mercurii, 2 die Decembris.
PRAYERS, by Mr. Arrowsmyth.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Paper from the Admiralty Committee, for Provisions to be prepared for Five Thousand Men for the Summer Fleet.
The Earl of Warwicke reported a Paper from the
Committee of the Admiralty and Cinque Ports; which
was read, as follows:
"Die Martis, 1 Dec. 1646.
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"On Consideration of the Season of the Year, and
the Conveniency of making timely Provisions for the
next Summer's Fleet; this Committee is of Opinion,
That it is necessary to give present Order for the
speedy preparing of Sea Victuals for Five Thousand
Men, to be employed in the said Summer's Fleet; and
do order, That Report thereof be made to both Houses
of Parliament, that Directions may be given to the
Victuallers for providing the same accordingly, if they
in their Wisdoms shall so think fit.
"W. Jessop, Secretary."
Ordered, That this House approves of this Report;
and that it be sent to the House of Commons, that it
may be expedited.
Langham & al. and Lymbery & al.
A Petition of John Lymbrey, &c. was read; desiring,
that he may be heard, by his Counsel, before he
puts in his Answer to Alderman Langham's Petition."
It is Ordered, That Captain Lymbery shall be heard,
by his Counsel, on Saturday next, at Ten of the Clock
in the Morning, before the Day of putting in his Answer to Alderman Langham' Petition; and that Alderman Langham shall have a Copy of this Petition, and
and have his Counsel here present, if he shall think fit.
Col. Manwaring's Petition, to be Searcher at Sandwich.
Upon reading the Petition of Colonel Randall Manwaringe; desiring, "that the Searcher's Place of Sandwich, now void, may be conferred upon him:"
It is Ordered, That it be recommended to the Committee for the Revenue; and Report thereof to be made
to this House.
L. Andover's Composition.
Upon reading the Petition of the Lord Andover: It
is Ordered, That he is left to the usual Way as others
are to make their Compositions, and suing out of their
Committee to consider of the Breaches of the Privileges of this House by the H. C.
Ordered, That the Committee named Yesterday,
for to prepare for a Conference with the House of
Commons, have hereby Power to send for such Persons
as they shall think fit, for giving them the better Information.
Gibbons and Braughton, & al. about the Isle of Axholme.
The Order of the House, of the 28th of January, 1641,
was read; and it was desired that the Question might
be put, "Whether Charles Braughton and others, sent
for as Delinquents, shall have the Benefit of the said
And the Question being put, "Whether this
Question shall be now put?"
It was Resolved in the Negative.
Committee to prepare Heads for a Conference on the Ordinances for Sale of Delinquents Estates.
Ordered, That these Lords following shall prepare
what is fit to be delivered, at a Conference To-morrow
Morning with the House of Commons, about the Ordinances for Delinquents Estates:
L. Viscount Say & Seale.
Any Three, to meet To-morrow Morning, at Nine
a Clock, and to report the same to this House.
Message from the H.C. with Orders.
A Message was brought from the House of Commons,
by Mr. Swinfin, &c. who brought up divers Particulars,
wherein their Lordships Concurrence is desired.
The Answer returned was:
That their Lordships will take this Message into Consideration, and return an Answer by Messengers of their
Message to them, about the following Particulars.
A Message was sent to the House of Commons, by
Dr. Aylett and Mr. Hackwell:
1. To desire their Concurrence in the Ordinance for
making Mr. Bankes Minister of Ivy Church, in Kent.
2. To recommend the Lady Burgh's Petition to them.
3. To deliver to them the Report concerning Provisions for the Seamen against the next Year's Guard, and
desire it may have Expedition.
Answers from the H. C.
Doctor Aylett and Mr. Hackwell return with this Answer (fn. *) from the House of Commons:
1. That they agree to the Report for Provisions for
Five Thousand Seamen against the next Year.
2. They agree to the Alterations in the Ordinance
concerning the Fast. (Here enter it).
To all the rest of the Particulars, they will send an
Answer by Messengers of their own.
Sir Edward Leech and Mr. Page return with this Answer:
That the House of Commons will give a present Conference, as is desired; and they agree to the Ordinance
for Continuance of the Committee for the Admiralty
and Cinque Ports. (Here enter it.)
To all the rest, they will send an Answer by Messengers
of their own.
Heads for a Conference about Lloyd's Charge against the Earls of Northumberland and Pembroke.
At this Conference, the Speaker is to acquaint the
House of Commons, "That they have considered of
the Examinations concerning Rich. Lloyd; and to deliver the Vote of this House to them, dated of the 26
Nov. 1646; whereupon their Lordships have appointed a Committee of Lords to meet on Saturday next,
in the Afternoon."
The Lords went to the Conference.
Ordinance for the better Observation of the Monthly Fast.
"The Lords and Commons in Parliament assembled,
taking Notice of the great Neglect and Prophanation
of the Monthly Fast in divers Places of this Kingdom, do, for Prevention thereof in Time to come,
Order and Ordain, and be it Ordained by the said
Lords and Commons, That all Justices of the Peace,
Mayors, Bailiffs, Constables, and other Officers and
Ministers whatsoever, in their respective Places, shall
put in Execution all Orders and Ordinances of Parliament heretofore made, for the due Observation of the
said Monthly Fast; and are hereby authorized and
required to use and exercise the same Power, and to
inflict Penalties upon the Offenders therein, in such
Manner and Form as is limited and appointed by any
Statute, Law, Order, or Ordinance whatsoever, now
in Force, for the Sanctification of the Lord's-day, or
against the Prophanation thereof.
"And for the better Encouragement of all such Persons as have or shall testify their good Affections to
the State, by their Readiness in observing and putting
in Execution of this and other the Ordinances of this
Parliament, and for Prevention of causeless and contentious Suits against them; it is further Ordained,
by the said Lords and Commons, That, if any Action,
Bill, Plaint, or Suit upon the Case, Trespass, Battery,
or false Imprisonment, now be, or hereafter shall be,
brought for or concerning any Matter, Cause, or
Thing, (fn. *) done, or to be done hereafter, by any
Person or Persons whatsoever, by virtue of any Ordinance of Parliament, or by any Person or Persons
in their Aid and Assistance, or by their Commandment, according to any such Ordinance of Parliament,
the said Action, Bill, Plaint, or Suit, shall be laid
within the County where the Trespass or Fact was or
shall be done and committed, and not elsewhere; and
that it shall be lawful to and for all and every Person
and Persons aforesaid to plead thereunto the general
Issue, That he or they are not Guilty; and, for their
Justification, to give in Evidence, to the Jury which
shall try the same, any Ordinance or Ordinances of
Parliament which they or any of them shall produce,
by virtue whereof the Fact complained of was done
or committed; and that if, upon the Trial of any
such Action, Bill, Plaint, or Suit, the Plaintiff or
Plaintiffs therein shall not prove to the Jury which
shall try the same that the Trespass, Battery, Imprisonment, or other Fact or Cause of his, her, or their
said Action, Bill, Plaint, or Suit, was or were had,
made, committed, or done, within the County wherein
such Action, Bill, Plaint, or Suit, is or shall be laid,
that then, in every such Case, the Jury which shall
try the same shall find the Defendant or Defendants,
in every such Action, Bill, Plaint, or Suit, not guilty,
without having Regard or Respect to any Evidence
given by the Plaintiff or Plaintiffs therein, touching
the Trespass, Battery, Imprisonment, or other Cause
for which the same Action, Bill, Plaint, or Suit, is
or shall be brought; and if the Verdict shall pass
with the Defendant or Defendants in any such Action,
Bill, Plaint, or Suit, or the Plaintiff or Plaintiffs
therein become nonsuit, or suffer any Discontinuance
thereof, that, in every such case, the Justices or
Justice, or such other Judge before whom the said
Matter shall be tried, shall, by force and virtue of
this Ordinance, allow unto the Defendant or Defendants his or their Double Costs which he or they
shall have sustained by reason of their wrongful
Vexation, in Defence of the said Action or Suit; for
which the said Defendant or Defendants shall have
Remedy as in other Cases where Costs by the Laws
of this Realm are given to the Defendants."
Order for Continuance of the Committee for the Admiralty, &c.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Committee of the Lords and
Commons for the Admiralty and Cinque Ports shall be
continued for Six Months from the Date hereof, according to the Powers formerly granted unto the said
House adjourned till 10a cras.