DIE Martis, 4 die Maii.
PRAYERS, by Mr. Gibbons.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
|
Comes Kente.
Comes Warwicke.
Comes Sarum.
Comes Pembrooke.
Comes Lyncolne.
L. Viscount Say & Seale.
Comes Suffolke.
Comes Mulgrave.
Comes Northumb. |
Ds. Howard.
Ds. Grey.
Ds. Hunsdon.
Ds. Bruce.
Ds. Dacres.
Ds. North.
Ds. Maynard.
Ds. Willoughby.
Ds. Wharton. |
Ordinance to disband Col. Collingwood's Regiment.
An Ordinance was this Day brought in, for disbanding the Regiment of Collingwood, in the County of
Northumberland; and read Twice.
Papers from the Prince Elector.
The Lord North reported, "That the Committee of
both Houses had been with the Prince Elector, to
receive from him what he had to communicate concerning the Affairs Abroad, which concern the Protestant Cause; and his Highness did deliver to them
some Papers, which do state the Condition of the
Affairs of the Protestant Religion as it stands Abroad:"
Which were read in this House. (Here enter them.)
Committee to prepare Heads for a Conference about them.
Ordered, That it be referred to these Lords following, to recollect out of all these Papers what they
think sitting to be offered to the House of Commons
concerning this Business, and report the same to this
House:
|
Comes Pembrooke.
Comes Warwicke.
Comes Mulgrave.
Comes Manchester.
L. Viscount Say & Seale.
Comes Sarum. |
Comes Lyncolne.
Ds. North.
Ds. Grey.
Ds. Hunsdon.
Ds. Howard. |
Any Three, to meet To-morrow in the Afternoon,
at Three of the Clock; and afterwards to adjourn from Time to Time, as they shall see
Cause.
Langham & al. and Lymbry & al.
The Judges this Day delivered their Opinion in Writing, concerning the Case referred to them upon the
Case of Alderman Langham, &c. and Captain Lymbery;
which was read, as follows:
"May it please your Lordships,
"We have considered of the Reference to us, between Alderman Langham and Mr. Lymbery; and we
find that the Case, as it is drawn up, doth comprehend
many Matters and Passages in several Courts, without
concluding upon any particular Question: And the
Order of Reference is, to deliver our Opinions thereupon, without directing the same to any particular
Point or Question, which we conceive not to be the
Intent of your Lordships; and therefore we humbly
desire that your Lordships will be pleased to declare
to what Points or Question your Meaning is, we shall
deliver our Opinions."
And the Question being put, "Whether their
Lordships will appoint this Day Sevennight, to
debate this Cause themselves, before they hear
further from the Judges ?"
And the Votes were even.
Washington arrested, for Free Quarter taken by him when in the King's Army.
Upon reading the Petition of Henry Washington
Esquire; complaining, "That he being an Officer in
the King's Army, and by his Commission quartered
with his Regiment at the Town of Evesham; and he
is arrested, upon Three several Actions, amounting to
Three Hundred Pounds, at the Suit of John Tudman,
Thomas Jones, and Isaac Diston, for Free Quarter:
Therefore desires some speedy Consideration may be
had of his Case."
It is Ordered, That an Ordinance be brought to this
Purpose in general.
Message from the Assembly, about Bell's Translation of a Book of Luther's.
A Message was brought from the Assembly of Divines, by Doctor Smyth, concerning the Business referred
to them touching the Translation of a Book of Martin
Luther's; which was read, as follows. (Here enter it.)
And it is Ordered, That the Order concerning this
Business, depending in this House, shall be laid aside.
Sir J. Thynn's Petition.
The House took into Debate (fn. *) the Business about Sir
James Thynne's Petition.
And the Question being put, "Whether to receive
this Petition from Sir James Thynne?"
It was Resolved in the Affirmative.
Ordered, That the Petition of Sir James Thynne
shall be read and considered of on Thursday next.
Message from the H. C. to sit a while.
A Message was brought from the House of Commons,
by Mr. Herbert:
That, upon some urgent Occasions, they desire their
Lordships would please to sit a while.
The Answer returned was:
Answer.
That this House will sit a while, as is desired.
Message from thence, with an Order.
A Message was brought from the House of Commons,
by Colonel Harvey, &c.
To desire Concurrence in an Order concerning the
Tenants of the Doctor Juxon, late Bishop of London.
(Here enter it.)
Read, and Agreed to.
The Answer returned was:
Answer.
That this House agrees to this Order now brought up.
Chaplin to be instituted to Witheringsett cum Brockford;
Ordered, That Doctor Heath shall give Institution
and Induction to Abraham Chaplyn Clerk, to the Rectory
and Church of Wetheringsett cum Brockford in the
County of Suffolke, void by Death of Wm. Withers
late Incumbent; he producing his Presentation under the
Hand and Seal of Sir Wm. Soames, Patron; he taking the
Covenant: And this to be with a salvo Jure cujuscunque.
and Lawson to East Doniland.
Ordered, That Doctor Heath shall give Institution
and Induction to Mr. Thomas Laswon, to the Rectory of
East Doniland, in the County of Essex; he being presented thereunto by Henry Tunstall Esquire; he taking
the Covenant: And this with a salvo Jure cujuscunque.
Simpson and Thomas, in Error.
Ordered, That the Errors in the Writ of Errors
between Sympson and Thomas shall be argued, by Counsel
on both Sides, To-morrow Sevennight, at this Bar.
Captain Poe's Petition.
Ordered, That the Petition of Captain Poe be sent
to the House of Commons, with Recommendations.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons,
by Denzell Holles Esquire:
To (fn. †) deliver an Ordinance for constituting the Persons
chosen by the City of London to have Power of the Militia of London, wherein they desired their Lordships
Concurrence.
(Here enter it.)
Read Thrice, and Agreed to.
The Answer returned was:
Answer.
That this House agrees to this Ordinance now brought
up.
Papers from the Prince Elector, concerning the Protestant Cause, containing Observations on the Articles delivered by the Emperor's Ambassador.
"Some Observations upon the Articles delivered by
the Ambassadors of the Emperor.
"Amnestia. This pretended Amnestia hath been concluded
by the Emperor, and most Parts of the Catholick
Princes and States of the Empire, confirming the Peace
of Prague, and is infinitely to the Prejudice of the
Protestants, who, at the same Diet at Ratisbone, Anno
1641, and ever since, have protested against it, desiring that a general and altogether unlimited Amnestia
might be established in the Empire.
| "Guithelmiane Line. |
| By this Line [ (fn. *) are understood] all the Descendents of Duke William, Father to the
Duke of Bavaria. Those that are at this present living are,
the said Duke, his Two Sons, the Elector of Collen, and
Duke Albertus with his Two Sons. The Consequence of
this Article is the more dangerous, because by it not only
his Highness the Prince Elector Palatine, his Family,
and all the Palatine Line, are most unjustly excluded
for ever from the Electoral Dignity, and all Rights
appertaining to them, but also the Protestant Religion
and Professors thereof put to the Hazard of Persecution whensoever it pleaseth the Emperor and Catholic
Princes; since, by the Exclusion of the Palatine Family from the said Electoral Dignity, the Catholic
have the major Part in the Electoral College, and by
this the Means to decree and practise whatsoever they
please against the said Protestants. |
| "Thirteen Millions. |
| The Emperor oweth to the Duke of Bavaria the Sum of Thirteen Millions, for his Assistance in and since the War of Bohemia; and, for Security thereof, mortgaged to the said Duke a Part of
his own Country, The Upper Austria. |
| "Eighth Elector. |
| The Electoral College is composed of Six Electors; Three Ecclesiastical; Mentz, Trier, Collen;
and Three Secular, The Palatine, Sane, and Brandebourg; which, with the Emperor, advise and direct
the Affairs of the Empire. The King of Bohemia is
only admitted at the Election of an Emperor, or King
of the Romans, for a casting Vote: Now, being that
the Establishment of an Eighth Elector would breed a
great Inconvenience at the said Election in case the
Votes should be even, and that it is against the fundamental Laws of the Empire, the other Princes and
States thereof (who must join with the Emperor and
the Electors for the altering of the said Law) will
hardly ever consent to such a Novelty, which may
carry with it many other Incumbrances. |
"Besides, this present Offer implies that the Duke of
Bavere is to retain all the Rights and Advantages
which belong to the Palatine Electoral; (videlicet,)
amongst many others,
"1mo, After the Death of an Emperor, the Prince
Elector Palatine is Vice Emperor (or Imperii
Vicarius), in the Rhinish, Suevian, and Franconian Circles, till another Emperor be elected.
"2o, In Differences between the Emperor and another Prince of the Empire, he is the only
Judge.
"3o, When the Emperor is absent, and gone beyond The Alpes, or out of the Empire, he is
Vice Emperor through the whole Empire.
"4, He is Generalissimo over all those Forces and
Armies that are levied and conducted in the
Empire, against a Public Enemy thereof.
"5, He may release the Towns and Lands of the
Empire that have been mortgaged by former
Emperors, at the same Price, and the same
Conditions, as they were mortgaged; and may
possess the same till they are released again by
the Emperor.
"6, He hath Power to create Noblemen and Gentlemen.
"So that (fn. *) if these Privileges be taken away, nothing will
remain but the bare Title and Vote; and the Upper
Palatinate being also defaulked, the Lower infinitely
ruined and depopulated, The Bergstraes which hath
been these Two Hundred Years incorporated into it
now taken from it, the Queen of Bohemia's Jointure,
the Maintenance of his Four Brothers according to
their Rank, and Four Sisters to be provided for, many
Debts upon the Country and Family, will render the
Remainder very inconsiderable, and the Support of
the State and Quality of an Elector altogether impossible.
"The Prince Elector Palatine, having had too certain
Knowledge that the Distractions of this Kingdom, and
of the Kingdom of Scotland, have for some Years
been such as have wholly disabled them to undertake
and do any Thing in Avowment and Pursuance of that
Manifest which was published by His Majesty, and
confirmed by the Parliaments of both the said Kingdoms, about Six Years since, at the Time that Sir
Thomas Rowe was sent Ambassador Extraordinary to
the Emperor, hath been in that respect thus long
spared the troubling them with any Representation of
the State of his Public Affairs; looking still and longing for that happy Hour, wherein it might please
God to reduce these Kingdoms to such a Settlement,
as might enable them to demand the full Restitution of
his Electoral Highness to his ancient Estates and Dignity, in such a Way as, by God's Blessing, might be
likely to take Effect: But having now received a
reiterated Information, as well from those Deputies
which, by the Persuasion of the Crowns of France
and Sweden, his Electoral Highness sent to the General Treaty of Peace held at Munster and Osnabrug
about Two Years since, and whom he hath there continued at great Charges ever since, as also from divers
other sure Hands, that the Peace between the King of
Spaine and The States of The United Provinces is in
the most, and the most difficult, Points fully agreed;
and further, on the said Kings Part, already provisionally confirmed; that the Peace between the Emperor
and the said Crowns of France and Sweden is also
either agreed, or far advanced; that the Differences between the Crowns of France and Spaine are also in a
Way, and upon Terms, of being reconciled, by the
Interposition of the Free States of The Low Countryes,
whom the King of Spaine hath been contented to admit for Mediators between Himself and the King of
France; and that whereas certain Articles concerning
the Affairs of his Electoral Highness were a while
since presented, by the Imperial Plenipotentiaries at
Munster, to those of Sueden there, but such as his
Elector Highness cannot either with Honour or good
Conscience, nor without the manifest and utter Ruin
not only of himself and of his Family, but of the
whole Reformed Religion in Germany, yield unto and
accept, as appears by this annexed Paper, Num. 1°;
in which respect the said Articles were at first rejected
by the Suedes: Yet, after some Replies on the one Side
and the other, which are to be seen by Num. 2,
and 3, the Imperialists seem resolved to abate very
little of the Rigour of the said Articles, and the
Plenipotentiaries of France too much inclined to give
Passage to the most impassable Points of the same, as
the Extracts, Num. 4, do shew; insomuch that his
Electoral Highness is in imminent and extreme Danger,
either to be concluded with an infinite Diminution of
his Rights and Territories, and no less Prejudice to the
Protestant Cause and Party, by the said Articles, or,
upon his Refusal of them, to be excluded out of the
General Peace, which will render his Case altogether
irremediable, unless some speedy and effectual Course
be taken to prevent the same.
"In this Extremity, his Electoral Highness, fearing that he might hereafter be blamed if he should
not give seasonable Notice of this critical Exigent
of his Affairs, could no longer delay to have
his Recourse to the Honourable Houses, who have
in all Times shewed so much true Affection and
sincere Zeal to his Cause, and to the Interest of the
Protestant Reformed Religion very much depending thereupon; and doth therefore earnestly desire that
they would be pleased to advise upon the most likely
and practicable Means to support his Affairs, being in
so dangerous a Posture, from going to sudden Ruin,
with regard as well to the present Condition of this
Kingdom as to the above mentioned Manisest.
"Whitehall, this 26th of March, 1647."
Message from the Assembly, about Bell's Translation of Luther's last Divine Discourse.
"To the Right Honourable the House of Peers in
Parliament assembled.
"The Assembly of Divines having received an Order
from this Honourable House, referring the Translation of a Book, called "Marten Luther's last Divine
Discourses," made by Captain Henry Bell, to the Consideration of the Assembly of Divines sitting at Westm'r,
and to make Certificate of their Opinions therein; do
humbly certify, That they have perused the Translation of the said Luther's Discourses (a Man whose
Praise is throughout all the Churches of Christ),
and do find in them many good Things, the most
whereof are extant in his known and approved
Works: But withal there are very many Passages
contrary to such Gravity and Modesty, so, as we
humbly conceive, they are very unfit for public Use,
notwithstanding the great Pains of the Translator.
May 3, 1647.
"Charles Herle, Prolocutor.
Corn. Burges, Assessor.
Herbert Palmer, Assessor.
Henry Roborough, Scriba.
Adoniram Byfeild, Scriba."
Order for Doctor Juxon Bishop of London's Tenants to pay him their Rents.
"Whereas divers of the late Tenants of Doctor
Juxon, late Bishop of London, have refused, and do
refuse, to pay the Rents, or other Sums of Money,
due unto him, as Bishop of London, at or before the
First of November last: It is Ordered, by the
Lords and Commons assembled in Parliament, That
the said Tenants do pay the said Rents and Sums of
Money: And it is further Ordered, That the
Trustees for the Sale of Bishops Lands be hereby
authorized and required to appoint their Receiver or
Receivers of the Revenues and Rents of the said
Bishopric forthwith to demand, receive, and levy, all
the said Arrears of the said several Tenants so due as
aforesaid, and to pay the same unto Doctor Juxon, or
to such other Person or Persons as he shall under his
Hand and Seal authorize to receive the same, who
are also to use all such due Ways and Means, for Recovery of the said Arrears, if they be denied, as by
any Ordinance of Parliament they are enabled, for
the levying of the present Rents and Revenues of the
said Bishopric."
Ordinance for the Persons chosen by the City of London to have the Power of their Militia.
"Whereas the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council
assembled, in Pursuance of an Ordinance of Parliament, of 16 April. 1647, have nominated, and presented to both Houses of Parliament, the Lord Mayor
and Sheriffs of the City of London for the Time being, Sir John Wollaston Knight, Thomas Adams, John
Langham, James Bunce, William Gibbs, Samuell
Avery, and John Bide, Aldermen of the said City,
and Major General Skippon, and Francis West
Lieutenant of The Tower, Christopher Pack, Cap
tain John Jones, Colonel John Bellamy, Lieutenant Colonel Nathaniell Camfeild, Captain Richard
Venner, Edwin Browne, Walter Boothby, Colonel Robert Manwaringe, Thomas Arnold, Tempest Milner,
Maurice Gethin, Colonel Thomas Gower, Colonel Edward Hooker, Richard Glyer, Colonel Richard Turner, William Kendall, Lieutenant Colonel Lawrence
Bromefeild, Lieutenant Colonel Edward Bellamy, and
John Grace, as fit Persons to be a Committee for the
Militia of the City of London and Liberties thereof,
and all other Places within the Line of Communication and Weekly Bills of Mortality: The Lords and
Commons do hereby approve of the said Persons, to
be a Committee as aforesaid; and the said Lords and
Commons do thereby Ordain, That the said Persons,
or any Nine of them, whereof Three to be Aldermen and Six to be Commons, are hereby constituted
a Committee for the said Militia, to order and direct
the same, according to the true Intent and Meaning of
the said Ordinance of Parliament."
Adjourn.
House adjourned till 10a cras.