Die Lunæ, videlicet, 21 die Februarii.
Riots to be suppressed.
Ordered, That the Justices of the Peace, and the
Sheriffs for the City of London, Midd. and Surrey,
shall take special Care to keep the Peace, according
to Law, by the suppressing of all Riots, Routs, and
unlawful Assemblies, that shall or may be in their
several Precincts To-morrow, being Shrove-Tuesday,
the 22d of this Instant February; and hereof great
Care is to be taken, as they will answer the contrary to
The King's Answer, about the Ordinance concerning the Militia.
The Earl of Stamford reported, "That he had attended the King, with the Ordinance concerning
the Militia; and His Majesty returns this Answer:
"That He having received a Draught for an Ordinance of Parliament, by the Hands of the Earl of
Stamford, the Lord de Gkey, Sir Edward Alford, Sir
Hugh Owen, Sir Roger Burgen, and Edward Dunce,
Esquire, for the present returns this Answer: That,
it being a Business of the highest Importance, not
only for the Kingdom in general, but also for His
Majesty's Regal Authority, he thinks it most necessary to take some Time for Advisement thereupon;
and therefore He cannot promise a positive Answer
until His Majesty shall return, which He intends to
do as soon as He shall have put His dearest Consort the Queen and His dear Daughter the Princess
Mary, a Shipboard, for their Transportation to Holland."
Ward, a Recusant at Holy Head, to be watched.
Upon Information given to this House by the Lord
Admiral, "That one Mr. Ward, a Popish Recusant, who lives at Holy-Head, hath an Outlet to the
Sea, which is conceived to be very prejudicial and
dangerous during the Rebellion in Ireland, as being
a fit Opportunity to convey Priests and other suspected Persons out of this Kingdom;" it is Ordered,
That the Lord Admiral shall give Directions to the
Vice-Admiral, or his Deputy, to take Care, and have
a vigilant Eye, that Mr. Warde suffers none to be conveyed out of this Kingdom, nor imported out of Ireland,
by his Outlet, that are suspicious Persons; and that the
Lord Admiral shall have an Account given him hereof
from Time to Time, as there shall be Cause.
Irish Ships manned with Papists staid.
Upon Information this Day given to this House,
"That some Barks laded for Ireland, and manned with
Irish Papists, some of which Barks belong unto
Towns in that Kingdom actually in Rebellion against
His Majesty;" it is thought fit, and so Ordered by
this House, That the said Barks, or Ships, so laden and
manned as aforesaid, and such as shall be so laded hereafter, shall be staid by the Lord High Admiral of England, or his Ministers, and to be proceeded in according
Ordered, That Milborne's Cause, depending in this
House, shall be heard before the Lords Committees
for Petitions on Wednesday the 23d of March next, at
Two of the Clock in the Afternoon, in the Painted
Chamber; and that all Parties in this Cause shall attend
the Lords Committees accordingly.
Fisher versus Dean of Christ Church.
Ordered, That the Cause between Henry Fisher, Plaintiff, against the Dean and Chapter of Christ Church in
Oxford and others Defendants, depending in this House,
shall be heard before the Lords Committees for Petitions
on Thursday the 24th of March next, at Two of the
Clock in the Afternoon; and that all Parties and Witnesses in this Cause shall attend the said Lords Committees accordingly.
Justice Reeves to go the Circuit.
Ordered, That Mr. Justice Reeves hath Leave to
be absent, to prepare himself for his Circuit; and that
the Bill for Wines is referred to the Care of the Lord
Chief Justice of the King's Bench and Mr. Justice
Message from the H. C. about the Ordinance for the Militia.
A Message was brought from the House of Commons,
by Denzell Holles, Esquire:
To put their Lordships in Mind once more of
the Militia, that unum necessarium, which is so much
for the Defence and Safety of this Kingdom; and,
until that be settled, we shall never be able to offend our Enemies abroad, or defend ourselves. He
further said, The House of Commons have lately
received a Message from His Majesty, concerning
the Petition of both Houses to His Majesty for the
Settling of the Militia, which Answer the House of
Commons have thought of with a great Deal of
Sadness, and have prepared a Draught of a Message
to be speedily sent to His Majesty for His Answer
herein; in which Message the House of Commons
desires their Lordships Concurrence.
For the Lord Admiral to seize Ships going to the Rebels.
2. That the House of Commons desires their
Lordships to join with them in a Desire to the Lord
Admiral, to grant Commissions to all such Merchants
as he shall think fit, for the seizing of all Ships and
Goods that go to relieve the Rebels of Ireland; and
that (fn. *) they may (fn. †) have the Prize of the Ships and
Goods to themselves.
For Arms from Hull for Ireland.
3. The House of Commons desires that an Order
may be given, That Arms may be delivered out of
the Magazine at Hull, by Sir Jo. Hotham, Knight, by
virtue of Warrants from the Lord Lieutenant of
Ireland the Arms to be carried to Chester, for the Service of Ireland.
And for a Conference about some Propositions of the Scots Commissioners.
4. The House of Commons desires a Conference,
by a Committee of both Houses, touching some Propositions received from the Scotts Commissioners."
The House, taking the several Parts of this Message in Consideration, gave these Resolutions following:
The Message was read, in hæc verba: videlicet,
Message to be sent the King, concerning the Militia.
May it please Your Most Excellent Majesty,
"Your humble and loyal Subjects, the Lords and
Commons, have, with a great Deal of Grief, received Your Majesty's Answer to their just and necessary Petition concerning the Militia of the Kingdom, which Your Majesty, by a Gracious Message
formerly sent unto them, was pleased to promise
should be put into such Hands as Your Parliament
should approve of, or recommend unto You; the
Extent of their Power, and the Time of their Continuance, being likewise declared: That being done,
and the Persons by both Houses nominated, Your
Majesty nevertheless referred Your Resolution herein
to a longer and a very uncertain Time, which (the
present Dangers and Distractions so great and pressing) is as unsatisfactory and destructive as an absolute Denial: Therefore we once again beseech Your
Majesty to take our Desire into Your Royal Thoughts,
and to give us such an Answer as may raise in us a
Confidence that we shall not be exposed to the Practices of those who thirst after the Ruin of this Kingdom, and the kindling of that Combustion in England
which they have in so great a Measure effected in
Ireland, from whence (as we are daily informed)
they intend and endeavour to invade us, with the
Assistance of the Papists here amongst us. Nothing
can prevent those Evils, nor enable us to suppress
the Rebellion in Ireland, and secure ourselves, but
the instant granting of that our humble Petition;
which we hope Your Majesty will not deny to those
who must, in the Discharge of their Duties both to
Your Majesty and the Commonwealth, represent
unto Your Majesty what they find so absolutely necessary for the Preservation of both, which the
Laws both of God and Man enjoin them to see put
in Execution, as several Counties, by their daily Petitions, have desired of us, and in some Places begin
already to do it of themselves."
E. of Portland to attend the King with it.
Ordered, That this House joins and agrees with the
House of Commons in this Message; and that the Earl
of Portland shall attend His Majesty, and present the
same unto Him from both Houses of Parliament.
Order to the Lord Admiral to give Commissions to Merchants to seize Ships going to the Rebels.
Next, the House taking into Consideration the Commissions which the House of Commons desires may be
given to Merchants, this House Orders, That the Lord
Admiral, by Directions from His Majesty, if Need be,
shall grant Commissions to all such Merchants as he
shall think fit, for the seizing of all Ships and Goods
that shall belong or go to relieve the Rebels of Ireland;
and that they may have the Prizing of the Ships and
Goods to themselves, saving the Right of the Lord
Admiral's Tenths unto his Lordship.
Then the Order for Arms was read, as followeth:
Order for Arms to be sent from Hull to Chester.
"Ordered, by the Lords and Commons in Parliament, That, according to the Warrants issued out by
the Lord Lieutenant of Ireland, Sir John Hotham,
Knight, shall permit so many Arms to be carried out
of the Magazine at Hull, to Chester, for the Service
of Ireland, as shall be contained in those Warrants;
and that those Officers in whose Custody His Majesty's Waggons and Carriages are at Hull shall deliver out so many of the said Waggons and Carriages,
with the Furniture and Necessaries thereunto belonging, as shall be requisite for the conveying the Arms
which are now to be sent from Hull to Chester; and
that Sir John Hotham shall permit the said Waggons
to be delivered accordingly."
Ordered, That this House agrees with the House
of Commons in this Order.
To the last Desire of the House of Commons, concerning a present Conference, this House agrees to.
Answer to the House of Commons.
The Answer returned to the Messengers of the House
of Commons was:
That this (fn. *) House agrees with the House of Commons, in this whole Message.
Serjeants Whitfield and Glanvile to go their Circuits.
Ordered, That Mr. Serjeant Whitfeild and Mr.
Serjeant Glanvile have Leave to go their Circuits, and
are to be excused for their Attendance upon this House in
the mean Time.
Report of the Petition delivered to the King, about Lord Kymbolton and the Five Members accused of Treason.
The Earl of Carlile reported to this House, That
he hath attended the King at Dover, and delivered Him
the Petition of both Houses, concerning the Lord
Kymbolton, and the Five Members of the House of Commons, that were accused of Treason; and the King returned this Answer: videlicet,
The King's Answer.
His Majesty, having received an humble Petition
of the Lords and Commons, by the Hands of the
Earls of Carlile and Monmouth, returns this Answer:
"That His dearest Consort the Queen, and His
dear Daughter the Princess Mary, being now upon
their Departure for Holland, He cannot have so good
Time to consider of a particular Answer for a Matter
of so great Weight as this is; therefore He must
respite the same until His Return."
To be communicated to the House of Commons.
This is Ordered to be communicated to the House
Message to the H. C. for a Conference about the Scots Propositions.
A Message was sent to the House of Commons, by
Serjeant Whitfeilde and Serjeant Glanvile:
To let the House of Commons (fn. *) know, that their
Lordships are ready to give them a present Conference,
in the Painted Chamber, touching the Propositions of the
The Answer returned was:
That the House of Commons will give them a present Meeting, as is desired.
Then this House was adjourned during Pleasure,
and the Lords went to the Conference; which being
ended, the House was resumed.
And the Lord Keeper reported the Effect of this Conference; and acquainted their Lordships, "That the
House of Commons have presented to their Lordships certain Propositions, sent to them from the
Scotts Commissioners, to which the House of Commons have given Answers, wherein they desire their
Lordships would join with them; and that their
Lordships would join with the House of Commons
in a Petition to His Majesty, to recommend General
Lesly to the Council of Scotland, to be General of
the Scotts Army employed in the Service of Ireland;
and that the Committees that are appointed to treat
with the Scotts Commissioners may acquaint them
"Certain Queries, made by the Commissioners of
Scotland, upon the Answers of both Houses
of Parliament to all their Propositions, and
the Resolutions of the House of Commons in
"1. That the Commissioners for Scotland desire
that it may be expressed, that they shall have so
many and such Cannons, as well as other Arms,
sent into Scotland, as they shall carry into Ireland
with them, upon Demand thereof (vide the Answer
to the Third of the First Propositions).
"That the Scotts shall have Cannon Field Pieces,
of the same Bore, Weight, and Metal, carried
into Scotland, upon their Demand, as they shall
transport into Ireland for the Service of that Kingdom.
"2. In the Answer to the Fifth of the First Propositions:
"1. They say, 'tis not clear where their General
Guard shall be raised. 2. The Levy-money for
that Troop is not expressed. 3. The Want of a
Troop to make up Ten.
"That Twelve Hundred Pounds shall be allowed
unto the Scotts, for the raising of a Troop of Horse
of an Hundred, to be their General's Guard, for the
Horses, for their Arms, and for their Transportation
"That this House thinks fit to add One Troop
more to the Nine Troops of Horse formerly allotted
to the Scotts; and that Sir Robert Adair be Captain
"3. In the Answer to the First of their Seven last
Propositions, Londonderry being left out, the Scotts
Commissioners insist on it.
"That, as to the Demand of the Scotts to have
Londonderry assigned unto them, this House doth adhere to their former Resolutions.
"4. The Scotts Commissioners say, their Soldiers
cannot return without Pay, and will not be willing
to disband without Pay; wherefore the Scotts Commissioners desire that they shall be paid so long as
they are constrained to keep them together for
their Pay; videlicet, till they are paid, or the Kingdom of Scotland satisfied touching their Pay.
"That, when this House shall agree to disband
the Scotts Army employed in the Service of Ireland,
that they will discharge them by Regiments, and
no lesser Proportions, and pay off so many as they
shall disband, and keep the Residue in Pay until
they are disbanded.
"5. In the Answer to the Third of the Seven
last Propositions, touching Money deposited for
the Horses for Baggage and Train of Artillery;
they say, it will be too little, there being no other
Provision for Men that belong to the Train of
Artillery, nor for Carts, &c. and therefore they
desire they may have Power to make Use of the
Horse of the Kingdom of Ireland, if any be there to
"That it shall be Ordered by this House, and
the Lords desired to join in this Order, That His
Majesty may likewise be moved, to give His Assent, that the Scotts, during the Time of the War,
may have Power to take up such Horses in the
Country as shall be necessary.
"6. The Scotts Commissioners desire an Answer to
their last Proposition, being the Seventh.
"That, as to the Demand of the Scotts concerning a Reward to be given them out of the Rebels
Lands, this House is of Opinion to give this Answer:
"That they have made no such Condition with any
of the English Forces employed for Ireland; and
therefore they hold it not fit to be obliged in any
such Condition unto them."
Ordered, by the Lords in Parliament, That this
House agrees with the House of Commons in all the
"Resolved, upon the Question, by the House of Commons, That this House shall move the Lords to
join with this House in a Petition to His Majesty,
to recommend General Lesley to the Council of
Scotland, to be General of the Scotts Army employed
in the Service of Ireland, and that the Commissioners
shall acquaint them herewith."
Ordered, That the Lords in Parliament do agree
with the House of Commons in the abovesaid Resolution.
Ordered, That the Lords Committees do let the
Scotts Commissioners know, that this House agrees
with the House of Commons in all the aforesaid Propositions, and in the Resolution concerning Lesley.
Sir Thomas Lake versus Lancelot Lake.
This House being informed, "That, upon the
Death of the Lady Lake, Sir Thomas Lake and
Mr. Lancelott are at Difference who shall get the
Possession of the Manor House of Cannons, in the
County of Midd." therefore, for the preventing of
a Mischief that may follow hereupon, it is Ordered
by this House, That the Justices of the Peace next to
Cannons shall take Care that the Peace be kept and
preserved between the said Sir Tho. Lake and Lancelott Lake, Esquire, according to Law.
William and Anne Pawlett, concerning Depredations by the Dutch.
Ordered, That the Lord High Admiral of England
shall be desired to make View of the Complaints and
Proofs of William and Anne Pawlett, and their Partners,
touching a Depredation committed upon them by some
of the Subjects of The States of the United Provinces;
and, as his Lordship shall find Cause upon the Examination of the Business, to recommend them to
His Majesty, to have Letters of Mart granted them,
by Way of Reprizal, against the Subjects of the said
States of the United Provinces.
Lady Hastings's Cause.
Ordered, That the Lord Keeper shall have (fn. *) Power, by virtue hereof, to hear and determine the Cause
of the Lady Lucy Hastings, formerly recommended unto
his Lordship, by an Order of this House dated the
Twenty-ninth of January last, and that without any formal Prosecution of a Suit in that Court; or else to certify this House of the true State thereof, that so their
Lordships may proceed therein according to the Wisdom
and Justice of this House.
Message from the H. C. for a Conference, about the Grievances of the Kingdom.
A Message was brought from the House of Commons,
by Sir Anthony Erby, Knight:
To desire a Conference, by a Committee of both
Houses, touching a Declaration of the Causes of the
Grievances of the Kingdom, and the Remedies thereof.
The Answer returned was:
That the Lords will give a present Meeting, as is desired, in the Painted Chamber.
A Message was sent to the House of Commons, by
Serjeant Whitfeild and Serjeant Glanvile:
Message to the H. C. for Dispatch in sending the Message to the King.
To let the House of Commons know, that, in regard
the Message which is now to be sent to the King is of
such Consequence as requires Speed, the Lord that is to
attend the King intends to ride Post; and to desire that
those Members of their House that are to go may ride
Post likewise; and further, to deliver to them the King's
Answer brought this Day, concerning the Petition touching the Lord Kymbolton and the Five Members of the
House of Commons.
L. Darey versus Mr. Savile.
Ordered, That the Cause of the Lord Darcy, late
Sir Conyers Darcy, against John Savill, Gentleman, depending before their Lordships in Parliament, by Petition exhibited unto this House, shall be heard here at
this Bar, upon the whole Merits of the Cause, upon the
First Tuesday next after Mid-lent Sunday, being the Two
and Twentieth of March next; and that the said Lord
Darcy, or his Agents, shall give Notice thereof unto the
said John Savill or his Agents, that he may attend the
The Lord Robartes was appointed to report this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Ordered, That the Report of this Conference shall
be made To-morrow.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis,
videlicet, 22m diem instantis Februarii, hora 1a post meridiem, Dominis sic decernentibus.