Die Veneris, videlicet, 13 die Maii.
The Report of Mr. Justice Heath, concerning Mr.
Walter, was read.
Recommended to the Lord Keeper, according to the
Certificate, which this House confirms.
The Petition of Tho. Warren, Clerk, was read.
Ordered, To be recommended to the Ordinary, to
do therein according to Law.
Doctor Hackett recommended to be a Canon Residentiary of St. Pauls.
Ordered, That Doctor Hackett shall be once more
recommended to the Dean and Chapter of St. Paules;
and because this House conceives that Doctor Layfeild,
who they pretend to be engaged to by Promise, is justly
to be excepted against, as an unworthy Man for that
Place, and that their Lordships take their (fn. *)
The Message Yesterday from the H. C.
The Lord North reported the Effect of the Message
Yesterday from the House of Commons:
For Committees to prepare an Answer to the King.
"1. That the Committees of both Houses may meet,
to prepare an Answer to the King's Messages."
And Letters to the Committees at York and Hull.
"2. To prepare Two Letters to the Committees at
Yorke and Hull."
They have agreed to the Votes of this House.
"3. That the House of Commons have agreed to
their Lordships Votes Yesterday; and (fn. †) they have
made Two Votes more, and desire their Lordship's
Concurrence therein." (Enter the Votes here.)
Agreed to the Votes; and Ordered, To be printed
Trained Bands to be mustered.
"4. That the Trained Bands may be drawn out and
mustered, according to the Militia, some certain Day."
Midd. will be ready to train some Day the next Week.
The rest of the Lords Lieutenants are to inform themselves of the Time they will be ready, and then to acquaint this House with the same.
"5. The Amendments in the Form for the making
of Captains of Foot were read."
Examinations about bringing up the Army.
"6. That the Committees (fn. *) do peruse the Depositions
and Examinations concerning the bringing up of the
Ordered, That the Committee (fn. *) do meet this Afternoon.
Committee to consider of Captain's Commissions.
Lords Committees to consider of the Form of making
L. Viscount. Say.
A Message was sent to the House of Commons, by
Serjeant Ayliffe and Serjeant Whitfeild:
Answer to the H. C.
To let them know, that their Lordships have agreed
to all the Particulars of the Message Yesterday, only
the Amendments in the Form for making of Captains,
for which the Lords have appointed a Committee to
meet this Afternoon, at Two a Clock, with a proportionable Number of the House of Commons.
Sir George Strode's Counsel assigned him.
Ordered, upon the Petition of Sir George Strode,
That Mr. Hackwell, Mr. Hearne, Mr. Hales, Mr. Chute,
and Mr. Hoskins, shall be assigned Counsel with him, in
the Impeachment brought up from the House of Commons.
Mr. Spencer's Counsel assigned him.
Ordered, upon the Petition of Ric. Spencer,
Esquire, That Mr. Hakewell, Mr. Herne, Mr. Hales,
Mr. Chute, and Mr. Hoskins, shall be assigned to be of
Counsel with him.
William Marsh released.
Ordered, That Wm. Marsh, being brought up on
a Habeas Corpus this Day to this House, shall be released
of his present Restraint.
Bushel versus Sir Richard Price.
Next, Mr. Bushell's Cause was heard, against Sir
Ric. Price, Knight and Baronet, by Counsel on both
Sides; and upon reading the Orders made formerly in
Mr. Bushell complains, "That Mr. Bushell, being
His Majesty's Farmer of the Mines in Wales, hath
been disturbed in the Works, and the Ditches thrown
down, and the Sheds spoiled, and all destroyed out
"Twenty Pounds in Silver out of a Ton of Lead in
one Mine, and Six Pounds in Silver out of a Ton of
Lead in another (fn. †) Mine.
"That the Defendants, in Contempt of their Lordships Order of the 14th of August, have destroyed
the said Works."
Jo. Edwards, upon Oath, said, "That he served
the Order, dated the 14th August, upon Sir Ric.
Price, the 17th of October, on a Sunday, at his
House, at Gougurgon, in Wales."
Joseph Exeter said, "That, after the Order was
served, the Workmen were threatened, and forbid
working there, and discharged, and the Rubbish
thrown into the Works, by Mr. Vaughan, on Michaelmas-day
(fn. ‡) last.
"Sir Ric. Price sent a Letter to Jos. Exeter to
forbid him working on his Ground, after the Order
was served. (The Letter was read.)
"That Sir Ric. Price's Servant did command Exter and the Workmen to give over working, in the
Walter Basby, sworn, said, "That Sir Ric. Price
(fn. ||) was at first, Four or Five Years ago, Partner with
Mr. Bushelle; then he gave over the Work, as a Thing
"And Five or Six Weeks ago Sir Ric. Price did
forbid the Workmen to cut Turf upon the King's
Common, and denied Water to drive their Engine;
and now the Water hath drowned their Works, for
Want of the going of that Engine.
"That Sir Ric. Price keeps Courts every Fortnight, oftener than he needs, to draw away the
Barthol. Clocker, sworn, said, "That Sir Ric. Price,
about Four or Five Weeks ago, did forbid the
Workmen to work upon his Ground."
Ric. Dikins, sworn, said, "That Vaughan, Sir
Ric. Price's Man, did take away his Tools, and
bid him forbear to work, in the King's Name; and
was beaten for holding the Horse of the Messengers."
John Williams said, "That he had his Horse and
Sword taken from (fn. *) him, and beaten by Newell's
Man, and others, Tenants to Sir Ric. Price, going
down with the Messenger of this House."
Mr. Vaughan said, "That these Mines were never
wrought by the King's Title; but a Lease made by Sir
Ric. Price's Ancestors to one Mr. Newell."
Mr. Solicitor said, "That, if it be a Mine Royal,
the King by Law is to have Water and all other Conveniencies that are (fn. †) "
Upon hearing of Counsel of both Sides, and mature
Deliberation hereof; the House Ordered, That the
Possession shall be settled according to the former Order,
until it be evicted by Law; and that no Disturbance nor
Interruption shall be in the mean Time, of Mr. Bushell
nor his Works; and that a speedy Trial shall be, for
the Trial of the Title.
Further Report of the Message Yesterday from the H. C.
The Lord North reported the Message brought Yesterday, to this Effect:
For Committees to meet to prepare an Answer to the King, and Letters to the Committees in Yorkshire.
"1. That the House of Commons desires that the
Lords Committees formerly appointed may meet with
the Committee of the House of Commons, to prepare
a speedy Answer to (fn. *) the Message received Yesterday, and to perfect the Answer to His Majesty's last
Messages; and to prepare a Letter of Thanks to the
Committees at Yorke; and to let them know therein
that the Houses of Parliament will make their Care
their own, and maintain them in what they shall do in
Obedience of their Commands; and that a Letter to
the same Purpose be sent to the Committees at Hull,
and the Votes inclosed."
Ordered, That this House agrees with the House of
Commons in this Particular.
That the H. C. concur in the Declaration of Indemnity to the Committees at York.
"2. To let their Lordships know, that the House of
Commons concurs with their Lordships, and approves
of the Declaration made by their Lordships Yesterday,
which was sent down to them, concerning the Indemnity of the Committees of both Houses at Yorke; and
also to acquaint their Lordships with Two Votes, made
by the House of Commons, wherein they desire their
The Votes were read, as followeth: videlicet,
"Resolved, upon the Question,
Vote against any who shall molest the said Committees.
"That this House doth declare, That, if any Person
whatsoever shall arrest or imprison the Persons of those
Lords and Gentlemen, or any of them, or any other
Member of either House, that are or shall be employed in the Service of both Houses of Parliament, or
shall offer Violence to them, or any of them, for
doing of any Thing in Pursuance of their Commands, or the Instructions of both Houses given unto
(fn. *) them, shall be held Distrubers of the Proceedings
of Parliament, and public Enemies of the State;
and that all Persons are bound, by their Protestation,
to endeavour to bring them to condign Punishment.
Vote to indemnify Persons acting under the Ordinance for the Militia.
"That this House doth declare, That those of the
City of London, and all other Persons that have
obeyed the Ordinance for the Militia, and done any
Thing in Execution thereof, have done it according
to the Law of the Land, and in Pursuance of what
they were commanded by both Houses of Parliament,
and for the Defence and Safety of the King and
Kingdom, and shall have the Assistance of both
Houses of Parliament, against any that shall presume
to question them for yielding their Obedience to their
said Command in this necessary and important Service;
and that whosoever shall obey the said Ordinance for
the Time to come shall receive the same Approbation
and Assistance from both Houses of Parliament."
Ordered, That this House agrees with the House
of Commons in these Two Votes; and that the same be
forthwith printed and published.
For appointing a Day for the Militia of the several Counties to be reviewed.
"Next, that the House of Commons desired that
their Lordships would appoint some certain Day,
when the Trained Bands of Midd. Buck Essex, Hert
ford, and Surrey, Kent, and in other adjoining
Counties, may be exercised according to the Ordinance of Parliament, and afterwards another Day
for the Counties farther remote; and that some Members may be sent to the several Counties, to see the
The Earl of Holland signified to the House, "That
Midd. will be ready the next Week to train."
The rest of (fn. †) the Lieutenants are to inform themselves
when they will be ready, and then acquaint this House
For Committees to meet about the Examinations about bringing up the Army.
"The next Particular was, to acquaint their Lordships, that the House of Commons hath appointed
their Committee to consider of the Depositions and
Examinations touching the bringing up the Army;
and to desire their Lordships to appoint the Committee
of Lords appointed for that Purpose, to meet with
the Committee of the House of Commons."
Agreed to; and Ordered, That the said Committee
do meet this Afternoon, at Two a Clock.
And the Captains of Foot Commissions, with Amendments.
"Lastly, That the House of Commons returned the
Form of the Commission to be given to Captains of
Foot, with some few Amendments."
Committee to consider of the Amendments.
Ordered, That the Lord Admiral, Lord Viscount
Say & Seale, the Lord Wharton, and Lord Robarts, are
appointed to meet with a proportionable Number of
the House of Commons, to consider of these Amendments, and to report the same to the House.
The Petition of Elyas Alleyn shall be referred to the
Committee formerly appointed for Mr. Allen's Petition;
and any Three to meet.
Captain Bell's Cause.
Ordered, That Captain Bell's Cause shall be heard
this Day Sevennight.
Huet Leat's Cause, concerning the Capture of his Ship The Unicorn.
Upon Report of the Earl of Dover in the Cause of
Huet Leat, "concerning the Ship The Unicorn, laded
with Goods to the Value of Twenty-four Hundred
Letters of Reprisal granted.
Pounds, taken by the Ships set forth by the Viceroy
of Sardinia; which Business being followed in Spaine,
Judgement was given Eleven Years after against the
aforesaid Viceroy for Thirty Thousand Ducats, with
Ten per Cent. until it were paid; afterwards, the Execution being delayed, they were put to Suit again;
and Nine Years after had a Second Judgement to confirm the former: Then the English demanded Restitutution, according to Judgement. Count de Alivares
answered, That they could get no Justice in England;
therefore they must expect none in Spaine. The Business appearing thus before the Committees, the Lords
thought fit that Letters of Reprisal should be granted,
to recover their just Losses, according to all Justice
and Equity." Hereupon the House Ordered, That
Letters of Reprisal should be granted accordingly.
Hawes and Kilvert.
Next, the Cause between Hawes and Kilvert and
others was heard further, by Counsel on both Sides.
And the Certificate of Sir Charles Cæsar and Doctor
Bennett was read. (Here enter it.)
Doctor Eden stated the Question thus: "Whether
the Bail entered into in the Court of Admiralty, upon
the First Instance, shall be liable to the Sentence in
the Court of Delegates, in a Second Instance.
The Bail was, Judicatum Solvere.
"Sentence was given by Sir H. Marten, in the Admiralty Court; and they appealed to the Delegates, and
Eleven Months after called upon the Bail, when the
Spaniards, that Mr. Kilvert and the other were Bail
for, were gone out of the Kingdom."
After a full Hearing, these Questions were put,
Whether the Bail ought to be discharged by the
Course of the Civil Law?"
Message from the H. C. with the Commission for Captains of Horse.
A Message was brought from the House of Commons, by Mr. Holles; (fn. *) who brought up the Form of
making Captains of the Horse, with the Amendments,
which the Committees this Morning agreed upon; which
have been reported to the House of Commons, and they
have consented and agreed thereunto, and desire their
Lordships would (fn. †) take the same into Consideration and
Ordered, That this House agrees to these Amendments.
Message from the H. C. with a Letter to be sent from both Houses to the Committees at York.
A Message was brought from the House of Commons,
by Sir Christopher Yelverton, Knight and Baronet:
That the House of Commons having received a Letter
from the Committees at Yorke, they have framed an
Answer, (fn. †) in which they desire their Lordship's Concurrence; and that the Speaker of this House may sign it,
and their Speaker shall do the like.
The Letter was read, in hæc verba: videlicet,
Ordered, That this House agrees with the House
of Commons in this Letter, and that it be sent to the
"My Lord and Gentlemen,
"Your Letter of the 10th of this Month hath been
communicated to both House of Parliament; and I
am commanded by this House to acknowledge your
Care and Pains taken in this Journey: His Majesty's
Answer, inclosed in yours, hath been read in both
Houses; and they are yet in Consultation what Reply
to make: I am likewise to let you know, that your
Carriages, in the Conference and Passages betwixt
the King and you, whereof you have made Relation,
are well approved of by both Houses: How to bear
yourselves upon like Occasions, your Instructions are
so full, and your Discretions have already so well appeared, that for the present you need not their further Directions. They desire the Continuance of your
Care, to give them Intelligence of all Occurrences;
and you shall not fail to hear from them, as Occasion
shall require; wherein as they are confident you will
carefully persist to observe their Instructions, so may
you rest satisfied, by the Votes of both Houses inclosed, that they will make your Case their own; and
how careful they are (as they will ever be) of your
Indemnity, to preserve you from any present or future
Evil that may befall you, for the Execution of their