DIE Martis, 18 die Maii.
PRAYERS, by Mr. Price.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
L. Viscount Hereford.
Colonel Fox's Accompt to be stated.
Upon reading the Petition of Colonel Fox; complaining, "That he is put out of Possession of what he
ought to enjoy by Ordinance of Parliament of 11Junii, 1644:"
It is Ordered, That the Person that put him out of
Possession shall shew Cause to this House (fn. *) why it was
done; and that the Committee for the County of Warwicke shall state the Accompt of Colonel Fox, and return
the same to this House this Day Fortnight.
Corbet and Hunt.
Upon reading the Petition of Wm. Corbett Merchant:
(Here enter it.) It is Ordered, That Richard Hunt
shall have a Copy of this Business; and Counsel on both
Sides shall be heard, at this Bar, on Thursday come Fortnight, at which Time the Merchants that made the Report in the Chancery concerning the Matters of Accompt shall be then present.
Chandler, an Anabaptist Preacher, to be sent up from Newport.
Upon reading of a Letter to the Earl of Pembrooke,
from the Mayor of Newport, in the Isle of Wight, with
an Examination concerning John Chandler:
(Here enter them.)
It is Ordered, That the Earl of Pembrooke do write
a Letter to the said Mayor, to desire him to send up
the said Chandler in safe Custody to this House.
Sir A. Blundell & al. versus Loftus.
Upon reading the Answer of Nic. Loftus, to the
Complaint of Sir Arthur Blundell Knight, and Mr.
Mathew De Renzi:
It is Ordered, That Sir Arthur Blundell, &c. shall
have a Copy of this Answer; and this House will hear
Counsel on both Sides this Day Fortnight.
Letter from the Commissioners with the King.
A Letter from the Commissioners at Holdenby, with a
Paper from the King, was read.
(Here enter them.)
King's Letter to be communicated to the H. C. and the Scots Commissioners.
Ordered, That the King's Letter be sent now to the
House of Commons; with Desire of Concurrence, that
it may be communicated to the Scotts Commissioners.
Ordered, That this Letter from the King shall be
taken into Consideration on Thursday Morning next.
Hounds to be exported for the French King.
Ordered, That a Pass shall be granted, for transporting some Hounds into France, from the Duke of
Yorke, to the French King.
Letter of Congratulation to be sent to the Archduke Leopold, on his Appointment to the Regency of Flanders.
The Earl of Warwicke reported a Paper from the
Committee of Lords and Commons for the Admiralty
and Cinque Ports, which was read, as followeth:
"Whereas the Archduke Leopold, Brother to the
Emperor, and a Person of great Eminency, is settled
in the Government of Flanders, in the room of Don
Castell Rodrigo, late Governor there:
"Resolved, That it be offered to the Consideration of
both Houses of Parliament, that a Letter be sent, in
their Name, to the said Archduke, to congratulate his
Highness' Accession to the Regency of Flanders; with
a Desire that the ancient and modern Treaties betwixt
the Two Crowns may be preserved, for the better
facilitating of mutual Trade and Commerce; as also
that a fit Person be nominated for addressing of the
said Letter to the said Archduke, with such Credence
and Instructions, touching the Points afore-mentioned,
as both Houses shall think meet."
Ordered, That it is referred to the Committee for
the Admiralty, to prepare a Letter; and that Sir Peter
Killegrew be appointed to carry the same; and the
Concurrence of the House of Commons to be desired
Alderman Fowkes and the E. I. Co.
Ordered, That the Commissioners of the Great
Seal of England do vacate and make void in Chancery
the Two Decrees made void by Judgement of this House,
in the Cause between Alderman Fou lkes and the East
Symonds about Windsor Lodge.
Ordered, That Symonds be brought to this House
Hall to be examined by the Assembly.
Ordered, That the Assembly of Divines shall forthwith examine Mr. Samuell Hall, concerning his Abilities for the Ministry; and to make Certificate to this
Additional Ordinance for Reformation of Oxford University.
An Ordinance was brought in, for giving a further
Power to the Visitors of the University of Oxford; and
read Twice, and committed to these Lords following:
L. Viscount Say & Sealc.
Any Three, to meet To-morrow Morning, at Nine
of the Clock.
Committee for Examination about the forged Act of Parliament.
Ordered, That the Lord Viscount Say & Seale, the
Lord Hunsdon, Lord Wharton, and the Lord Grey, are
added to the Committee for examining of the Forgery
of the Act of Parliament; and the Committee to meet
Message from the H. C. with Ordinances, &c.
A Message was brought from the House of Commons;
by Mr. Jepson, &c.; who brought up divers Orders
and Ordinances, wherein their Lordships Concurrence
An Ordinance for Mr. Holles to have the Public
Faith for Two Hundred and Sixty Pounds.
(Here enter it.)
Read, and Agreed to.
An Ordinance for Indemnity of Officers and Soldiers,
was read Once.
L. Dumferlin's Order.
The Order, with the Amendments, brought up from
the House of Commons, concerning the Lord of Dumfermlinge, was read, and Agreed to, with the House of
Commons therein. (Here enter it.)
H. C. to be reminded of Colonel Aldrich to go to Jersey.
Ordered, to send to the House of Commons, to put
them in Mind of the Vote formerly sent down to them,
for Colonel Alderich to go with Forces to regain the Isle
of Jersey, which is in Danger to be lost.
Sir F. Slingsby's Petition.
A Petition of Sir Francis Slyngsby, was read; and
Ordered to be sent to the House of Commons, with
Message to the H. C. with the King's Letter, and to communicate it to the Scots Commissioners;
A Message was sent down to the House of Commons,
by Doctor Aylett and Mr. Sadler:
1. To deliver the King's Letter to them; with a
Desire of Concurrence, that the same may be communicated to the Scotts Commissioners, according to the
Directions; and that the Original of the King's Letter
may be returned to (fn. *) the Clerk of this House, after it
hath been communicated to the Scotts Commissioners.
and for Colonel Aldrich to go to Jersey.
2. To put them in Mind of a former Ordinance sent
down to them, for Colonel Allridge to go with Forces to
the regaining of the Isle of Jersey, which will be lost
unless Forces be speedily sent.
Ordinance concerning a Troop raised by The Tower Hamlets.
An Ordinance for the Public Faith for a Troop of
Horse, raised by the Hamlets of The Tower, was read,
and Agreed to. (Here enter it.)
Letter from the Commissioners with the King, with the following One from Him.
"When we sent Letters heretofore from the King to
the Houses, we acquainted your Lordship that we held
it our Duty not to hinder any Intercourse betwixt His
Majesty and the Houses, and earnestly desired Directions upon the like Occasions for the future; but have
therein heard nothing to this Present. We therefore
thought it fit to send this Letter, which was delivered
to us by His Majesty Yesterday about Eight or Nine
of the Clock in the Evening: We have not seen the
Particulars thereof; but do conceive, from what His
Majesty told us, that it concerns the Propositions.
Holdenby, 13th May, 1647.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro
Letter from His Majesty, complaining of the Restrictions He is under;—containing Answers to Propositions;—desiring a Personal Treaty;—and that He will then order the Prince to return.
"Holdenby, the 12th of May, 1647.
"As the Daily Expectation of the coming of the
Propositions hath made His Majesty this long Time
to forbear the giving of His Answer unto them; so
the Appearance of their Sending being now no more,
for any Thing He can hear, than it was at His first
coming hither, notwithstanding that the Earl of
Lautherdaill hath been at London above these Ten
Days (whose not coming was said to be the only Stop),
hath caused His Majesty thus to anticipate their coming to Him: And yet, considering His Condition;
that His Servants are denied Access to Him, all but
very few, and those by Appointment, not His own
Election; and that it is a declared Crime for any but
the Commissioners, or such who are particularly permitted by them, to converse with His Majesty; or
that any Letters should be given to or received from
Him; may He not truly say, That He is not in Case
fit to make Concessions, or give Answers, since He is
not Master of those ordinary Actions which are the
undoubted Rights of every free-born Man, how mean
soever his Birth be? And certainly He would still be
silent as to this Subject, until His Condition were
much mended (did He not prefer such a right Understanding betwixt Him and His Parliaments of both
Kingdoms, which may make a firm and lasting Peace
in all His Dominions, before any Particular of His
own, or any Earthly Blessing): And therefore His
Majesty hath diligently employed His utmost Endeavours (for divers Months past), so to inform His Understanding, and satisfy His Conscience, that He might
be able to give such Answers to the Propositions as
would be most agreeable to His Parliaments: But He
ingenuously professes, that, notwithstanding all the
Pains that He hath taken therein, the Nature of some
of them appears such unto Him, that (without disclaiming that Reason which God hath given Him to
judge by for the Good of Him and His People, and
without putting the greatest Violence upon His own
Conscience), He cannot give His Consent to all of
them: Yet His Majesty (that it may appear to all the
World how desirous He is to give full Satisfaction)
hath thought fit hereby to express His Readiness to
grant what He may, and His Willingness to receive
from them, and that Personally if His Two Houses at
Westm'r shall approve thereof, such further Information in the rest, as may best convince His Judgement, and satisfy those Doubts which are not yet
clear to Him; desiring them also to consider, that, if
His Majesty intended to wind Himself out of these
Troubles by indirect Means, were it not most easy for
Him now readily to consent to whatsoever hath or
shall be proposed unto Him, and afterwards choose
His Time to break all, alledging that forced Concessions are not to be kept: Surely He might, and not
yet incur a hard Censure from any indifferent Men.
But Maxims of this Kind are not the Guides of His
Majesty's Actions; for He freely and clearly avows,
that He holds it unlawful for any Man, and most
base in a King, to recede from His Promises, for having been obtained by Force, or under Restraint.
"Wherefore His Majesty, not only rejecting those
Arts which He esteems unworthy of Him, but even
passing by that which He might well insist upon as
Point of Honour, in respect of His present Condition,
thus answers the First Proposition:
"That, upon His Majesty's coming to London, He
will heartily join in all that shall concern the Honour
of His Two Kingdoms, or the Assembly of States of
Scotland, or of the Commissioners or Deputies of
either Kingdoms, particularly in those Things which
are desired in that Proposition; upon Confidence that
all of them respectively with the same Tenderness will
look upon those Things which concern His Majesty's
"In Answer to all the Propositions concerning Religion; His Majesty proposeth, That He will confirm
the Presbyrerial Government, the Assembly of Divines
at Westm'r and the Directory, for Three Years (being
the Time set down by the Two Houses); so that His
Majesty and His Household be not hindered from
using that Form of God's Service which they have
formerly; and also that a free Consultation and Debate be had with the Divines at Westm'r (Twenty
of His Majesty's Nomination being added unto them),
whereby it may be determined, by His Majesty and
the Two Houses, how the Church shall be governed
after the said Three Years, or sooner if Differences
may be agreed.
"Touching the Covenant; His Majesty is not therein yet satisfied, and desires to respite His particular
Answer thereunto until His coming to London; because, it being a Matter of Conscience, He cannot
give a Resolution therein till He may be assisted with
the Advice of some of His own Chaplains (which hath
hitherto been denied Him), and such other Divines as
shall be most proper to inform Him therein; and then
He will make clearly appear, both His Zeal to the
Protestant Profession, and the Union of these Two
Kingdoms, which He conceives to be the main Drift
of this Covenant.
"To the Seventh and Eighth Propositions; His Majesty will consent.
"To the Ninth; His Majesty doubts not but to give
good Satisfaction, when He shall be particularly informed how the said Penalties shall be levied and disposed of.
"To the Tenth; His Majesty's Answer is, That He
hath been always ready to prevent the Practices of
Papists; and therefore is content to pass an Act of
Parliament for that Purpose, and also that the Laws
against them be duly executed.
"His Majesty will give His Consent to the Act for
due Observation of the Lord's day, for the suppressing of Innovations, and those concerning the Preaching of God's Word, and touching Non-residence and
"And His Majesty will be willing to pass such Act
or Acts as shall be requisite, to raise Monies for the
Payment and Satisfying of all Public Debts; expecting also that His will be therein inconcluded.
"As to the Proposition touching the Militia; though
His Majesty cannot consent unto it in Terminis as it
is proposed (because thereby, He conceives, He wholly
parts with the Power of the Sword, intrusted to Him
by God and the Laws of the Land for the Protection
and Government of His People, thereby at once divesting Himself, and disinheriting His Posterity, of that
Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office, and so weakening Monarchy in this Kingdom that little more than
the Name and Shadow of it will remain); yet, if it
be only Security for the Preservation of the Peace of
this Kingdom after these unhappy Troubles, and the
due Performance of all the Agreements which are
now to be concluded, which is desired (which His
Majesty always understood to be the Case, and hopes
that herein He is not mistaken), His Majesty will
give abundant Satisfaction; to which End, He is
willing to consent, by Act of Parliament, that the
whole Power of the Militia, both by Sea and Land,
for the Space of Ten Years, be in such Persons as the
Two Houses shall nominate (giving them Power, during
the said Term, to change the said Persons, and to
substitute others in their Places at Pleasure), and
afterwards to return to the proper Channel again,
as it was in the Times of Queen Elizabeth and King
James of Blessed Memory: And now His Majesty conjures his Two Houses of Parliament, as they are Englishmen and Lovers of Peace, by the Duty they owe
to His Majesty their King, and by the Bowels of
Compassion they have to their Fellow Subjects, that
they will accept of this His Majesty's Offer, whereby
the joyful News of Peace may be restored to this
languishing Kingdom. His Majesty will grant the
like to the Kingdom of Scotland, if it be desired;
and He (fn. *) will agree to all Things that are propounded touching the Conserving of Peace betwixt the
"Touching Ireland; other Things being agreed,
His Majesty will give Satisfaction therein.
"As to the mutual Declarations proposed to be
established in both Kingdoms by Act of Parliament,
and the Qualifications, Modifications, and Branches,
which follows in the Propositions; His Majesty only
professes that He doth not sufficiently understand,
nor is able to reconcile, many Things contained in
them: But this He well knows, that a general Act of
Oblivion is the best Bond of Peace; and that, after
intestine Trouble, the Wisdom of this and other Kingdoms hath usually and happily, in all Ages, granted
general Pardons, whereby the numerous Discontentments of many Persons and Families, otherwise exposed to Ruin, might not become Fuel to new Disorders, or Seeds of future Troubles: His Majesty
therefore desires that His Two Houses of Parliament
would seriously descend into these Considerations, and
likewise tenderly look upon His Condition herein, and
the perpetual Dishonour that must cleave to Him, if
He should thus abandon so many Persons of Condition and Fortune, that have engaged themselves with
and for Him, out of a Sense of Duty; and propounds,
as a very acceptable Testimony of their Affection to
Him, that a general Act of Oblivion and Free Pardon
be forthwith passed, by Act of Parliament.
"Touching the New Great Seal; His Majesty is
very willing to confirm both it, and all the Acts done
by virtue thereof until this present Time; so that it
be not thereby pressed to make void those Acts of
His done by virtue of His Great Seal, which in Honour and Justice He is obliged to maintain; and that
the future Government thereof may be in His Majesty,
according to the due Course of Law.
"Concerning the Officers mentioned in the 17th
Article; His Majesty, when He shall come to Westm'r,
will gratify His Parliament all that possibly He may,
without destroying the Relations which are necessary
to the Crown.
"His Majesty will willingly consent to the Act for the
Confirmation of the Privileges and Customs of the
City of London, and all that is mentioned in the Propositions for their particular Advantage.
"And now that His Majesty hath thus far endeavoured to comply with the Desires of His Two
Houses of Parliament; to the End that this
Agreement may be firm and lasting, without
the least Face or Question of Restraint to blemish the same, His Majesty earnestly desires
presently to be admitted to His Parliament at
Westm'r, with that Honour which is due to
their Sovereign, there solemnly to confirm the
same, and legally to pass the Acts before mentioned; and to give and receive as well Satisfaction in all the remaining Particulars, as
likewise such other Pledges of mutual Love,
Trust, and Confidence, as shall most concern
the Good and Prosperity of Him and His People: Upon which happy Agreement, His
Majesty will dispatch His Directions to the
Prince His Son, to return immediately to Him;
and will undertake for his ready Obedience
"For the Speaker of the Lords House pro Tempore; to be communicated unto the Lords
and Commons in the Parliament of England
at Westm'r, and the Commissioners of the Parliament of Scotland."
Order to secure 260 l. 16s. 6d. Arrears to Mr. Holles.
"Ordered, by the Lords and Commons assembled
in Parliament, That Mr. Holles shall have the Public
Faith, and the Public Faith is hereby given to the
said Mr. Holles, for the Sum of Two Hundred Sixty
Pounds, Sixteen Shillings, and Six Pence, due unto
him for Arrear of Pay, as appears by a Warrant for
Payment of so much unto him out of the Treasury,
then remaining in the Hands of Sir Gilbert Gerrard
Baronet, Treasurer at Wars, bearing Date 2Februarii, 1642."
Earl of Dumferling to have Access to the King at Holdenby.
"Ordered, by the Lords and Commons in Parliament assembled, That the Earl of Dunferlinge shall
have Access to His Majesty at Holdenby, according to
the Agreement of both Houses with the Kingdom of
Scotland, signified in a Letter dated the 27th of January last; but not to attend His Majesty as a Servant."
Ordinance to secure the Repayment of Monies advanced, for Support of a Troop of Horse, raised by The Tower Hamlets.
"Whereas, by an Ordinance of Parliament, bearing Date the 20th of July, 1643, for the raising of a
Body of Horse, for the Safety of the Kingdom, to be
under the Command of the Right Honourable Edward Earl of Manchester, and for the raising likewise
of a Month's Pay for the said Body of Horse; which
Horse, so raised in the several Counties in that Ordinance mentioned, were to be delivered to such Persons as are in the said Ordinance specified, who
were to return in Writing, under his or their Hand,
a perfect List of the Number of Horse and Arms they
received of the several Counties, for the which Horse
and Arms the several Counties and Persons who furnish them shall have the Public Faith for Re-payment
and Satisfaction; and forasmuch as the Committee of
the Hamlets of The Tower have, by virtue of the said
Ordinance, raised, within the Hamlets of The Tower,
One compleat Troop of Horse, consisting of Sixty-five
Horse, with compleat Arms, together with a full
Month's Pay, for the Service before expressed; which
Troop, when they were so raised, was, by an Order
of both Houses of Parliament, bearing Date the 28th
of November, 1643, diverted from the Earl of Manchester, and assigned and sent unto his Excellency
Robert Earl of Essex the Lord General that then was,
and were in actual Service with him, under the Command of Captain William Rainesborough, and are now
in actual Service under the Command of his Excellency Sir Thomas Fairefax; by which Means, as also
by reason that the said Horse and Arms, together
with the Month's Pay, were raised of very many Persons by Assessment of several Sums of Money, and no
Provision made for the several Persons who hath disbursed such several Sums to receive Tickets, whereby
they may require Satisfaction upon the Public Faith,
according to the true Intention of the former Ordinance:
"The Lords and Commons, taking the same into
their Consideration, and not willing but that such
as have contributed to so good a Service should receive all just Satisfaction and Security, do hereby Declare and Ordain, and be it hereby Declared and Ordained, That Thomas Marsh, William Mellish, and Thomas Hubbert, Esquires, Three of the Members of the
Committee of the Hamlets of The Tower, or any Two
of them, shall and may give, to all and every such
Person and Persons as have contributed any Money,
Horse, or Arms, for the Raising of the said Troop of
Horse, by virtue of the aforementioned Ordinance,
Receipts under their Hands, of all such Sums of
Money as have been received for that Use, as also for
such Sums of Money as the Horse or Arms so received
have been valued at by the said Committee; which Receipts, under the Hands of the said Thomas Marsh, Wm.
Mellish, and Thomas Hubbert, or any Two of them, shall
be a sufficient Warrant for every such Person to require and receive Satisfaction for the same, upon the
Letter from Newport, that Chandler, an Anabaptist Preacher is in the Isle of Wight disturbing the Public Peace.
"To the Right Honourable Phillip Earl of Pembrooke and Mountgom'y, our very Honourable
Good Lord, and Worthy Governor of this
Island, humbly present these.
"Right Honourable and our very good Lord,
"Whereas we have received a Declaration of the
Right Honourable the Commons assembled in Parliament, dated the 31th of December 1646, against all
such Persons as take upon them to preach or expound the Scriptures except they be ordained, mentioning likewise an Ordinance of both the Honourable Houses, dated the 26th of April, 1645, concerning the same; and requiring all Justices of the Peace,
Sheriffs, Mayors, and other head Officers of Corporations, to apprehend the Offenders, and give Notice
hereof to that House, that thereupon Course may be
speedily taken for a due Punishment to be inflicted
on them: We most thankfully acknowledging your Honour's great Affection and Care for the good and Peace
of this Island, the Safety of which hath and may so
much concern the Good of the whole Kingdom, especially of all the Western Parts, to which how serviceable it hath been to the Parliament your Lordship
well knows; we make bold to certify, That one John
Chandler, a Preacher of the Anabaptists, came into this
Island, with Two Disciples, upon Thursday last, preaching, and seeking to persuade the People, that the Ministers of England are not true Ministers of Christ,
but of Antichrist; that our Churches and Congregations are not Christian, but Antichristian; that he
doth not believe the People of England worship
Christ in their Meeting-places which we commonly
call Churches; that he is sent by the Spirit to preach
and baptize Believers; and that he hath his Call
from God, and not Man; with divers other Errors;
so that, by him and such like, our Peace is in great
Danger to be much troubled, and the Work of Reformation much hindered.
"This Chandler was in this Island about Three Quarters of a Year since, and was, in the Presence of Colonel Carne, by Mr. Dillington, bound over to the
Assizes at Winchester, and commanded not to return
hither to disturb the Peace of the Island; and now,
being apprehended again, we have examined him,
with the Assistance of Sir Robert Dillington and other
Justices, and have here inclosed a true Copy of his
Confession, as also a Letter to the Honourable Mr.
Speaker of the House of Commons, according to the
Order; humbly desiring your Lordship's Furtherance,
that our Letter may be speedily delivered and read,
that we may receive Direction how he shall be disposed, he refusing to appear without Compulsion;
and that some Order may be taken, that he and
others may not go on to disturb the Peace of this
Island; that our Reverend Ministers, for whom we
give your Honour humble Thanks, may continue
chearfully with us, the Government settled, and the
Peace and Safety of this Island preserved. And we
shall ever rest
Newport, in the Isle of Wight, May 11th, 1647.
Most humble Servants,
John Clark, Mayor.
"John Chaundler, of Chichester, in Sussex, examined the 8th Day of May, 1647, saith,
"That, on Thursday last, he came into this Isle of
Wight, from Lymington; and confesseth, that he was in
this Island about Three Quarters of a Year ago, and
was before Colonel Thomas Carne Deputy Governor
of the Island, and Robert Dillington Esquire One of
His Majesty's Justices of the Peace of this County; and
that Mr. Dillington bound him over to the Assizes: And
he saith, That he was landed at The Cowes on Thursday last, in the Company of one Barthol'mew Bulkley
and one Markes Dewy, and came into this Island to
visit some Friends, being moved thereunto, and to
keep the Covenant, to endeavour Reformation according to the Word of God, in Preaching, and Baptizing of Believers; and to hold forth Faith to those
that had not Faith; and to bring those that are Believers out of a false Worship into a true; and that
he had no Power from Man so to do, but from God,
who hath all Power in Heaven and Earth. And he
saith, That, the same Thursday he came into the
Island, he preached at Carisbrooke, in the House of
the Widow Beckington, before Sun-set and after: And
saith, That the Mover of him to come into this Island
was only the Spirit of God; and that he cannot think
that the Ministers of the Church of England are the
true Ministers of Jesus Christ. Being asked, "When
he was in any Public Places where People of the Land
usually meet to worship, commonly called The Church?"
He said, "He had not been at any such Place called The
Church this Two Years." And saith, "If he did think
the People of the Land, in the common Place where
they worship, did worship Jesus Christ, he then did
greatly sin to separate." Being asked, "Of what Calling he is?" He saith, "He is a Minister of Jesus
Christ, to preach and to baptize."
Bulkley's Examination, One of his Disciples;
"Barthol'mew Bulkly, of Lyming, Mercer, examined the 8th of May, 1647, saith,
"That he came into the Island, to accompany John
Chandler, and to see Widow Beckington and some
other Friends; and that he was with him about Three
Quarters of a Year ago in the Island, and was bound
for his Appearance at the Assizes: And saith, That he
is a Disciple of Christ."
"Marke Dewy, of Wymborne, Butcher, examined,
"That he came into the Island, with John Chandler,
on Thursday last."
"These Examinations were taken in the Townhall, in Newport, before Mr. John Clarke
Mayor, Sir Rob't Dillington Baronet, Mr.
Emanuell Bourne, Mr. Hugh Thompson, and
divers others there assembled.
"John Clarke, Mayor.
G. Byllinghurst, Town Clerk."
Corbet versus Hunt.
"To the Right Honourable the Lords assembled
"The humble Petition of William Corbett, Merchant;
"That, Differences arising between your Petitioner
and one Richard Hunt, concerning Merchants Accompts, Cross Bills concerning the same were exhibited by them in Chancery, which came to Hearing
15 Junii last. Upon the entering into the Hearing
whereof, the same were referred, without your Petitioner's Assent, to Five Merchants, or any Two or
more of them, to ascertain the said Accompt; and if
they should find any Money to be due to either Party
upon the Accompt, they were to consider of Damages
for the same, stating the Point of Damages by itself.
"5 Nov. 22 Caroli, Four of the Referees certified
One Thousand Fifty-eight Pounds Eight Shillings
Debt to be due from your Petitioner to Hunt, and
Six Hundred and Fifty-four Pounds Damages: But,
upon a Second and better Consideration, the Matter
being referred back again unto them, they abated
Four Hundred Twenty-eight Pounds, Five Shillings,
and Ten Pence, of the Money contained in the First
Certificate, though nothing near of what in Right
ought to have been abated; and thereupon the Court
made a Reference to them, 11 Februarii last; and to
certify the Particulars of the Accompt by the then
next Third Seal, to the End that, according to
Justice, your Petitioner might have Liberty to except against any Particular, and the Court give
Judgement therein according to Right. But, 11
Martii, before any particular Accompt certified, the
Court ordered, That, unless your Petitioner procured the Referees to alter the Certificate by the
25th of March after, then the same Certificate
to be decreed without further Motion: That, 25
Martii, the same Four Referees returned their Third
Certificate in general Terms, That they found no
Cause to alter their Second Certificate, without mentioning any Particulars of the Accompt; which the
same Day, without further Order, was decreed, and
signed and enrolled within a few Days, and your Petitioner pressed to a Performance thereof; so as your
Petitioner is, by a Decree of the Court of Chancery,
to pay the said Hunt the Sum of One Thousand Two
Hundred Eighty-four Pounds, Two Shillings, and Two
Pence, and not any one of the Judges of the same Court
able to say, by any Thing appearing before them, how
One Penny of that Money is due, save only by the
Information of Four Merchants unsworn, whom your
Petitioner never consented to be his Judges in the
"Now, in regard this Course of Proceedings is
of extreme Prejudice to your Petitioner in this
particular Case, and dangerous in the Consequence to all others of like Nature, and not
only contrary to the due Course of that Court,
but to all Rules of Justice, for sworn Judges,
without the Assent of Parties, to transfer the
Judgement of Causes before them to Men unsworn, and, upon an implicit Belief of their
Proceedings, without any Understanding of
the Cause themselves, to judge Things in
Gross, and leave the Party grieved without
all Possibility to take his just Exceptions, and
have their Judgement upon it; and for that,
by the Rules of that Court, the Petitioner
cannot be admitted to his Bill of Review, for
Reversal of that erroneous Decree, unless he
first pay the Money decreed, which will tend
to your Petitioner's Undoing, and disable him
to prosecute for Relief; he humbly appeals
to your Lordships, for Justice and Right in
the Premises; and that you will be pleased
to stay the Proceedings upon the said unjust
and erroneous Decree.
"And he shall ever pray, &c.
Ordinance for the University of Cambridge to enjoy their Privileges.
"Whereas, upon reading of the Petition of Heads
of Colleges in the University of Cambridge, it was
ordered, on the 5th of August, 1645, by the Lords
assembled in Parliament, That the said University of
Cambridge should continue in the Possession of the Liberties and Privileges they formerly used and enjoyed, by former Grants and Estates, before these
Troubles; and that the Committee of the Association sitting at Cambridge be desired to take Notice,
that the said University may, in Pursuance of the said
Order, be kept in Possession of their Privileges, until the Right be determined by the Houses of Parliament; and whereas the said Committee of Association is now dissolved, and the University Privileges
since that have been divers Ways infringed:
"It is thereupon Ordered, by the Lords in Parliament assembled, for the better preserving of Peace and
Quietness betwixt both Corporations, That the Mayor
of Cambridge and his Successors, and his several Officers, shall from Time to Time, and all Times hereafter, suffer the University of Cambridge quietly and
peaceably to use and to enjoy all such Liberties
and Privileges as to them belong, by Grant, Charter,
Composition, or otherwise, whereof they were possessed at the Beginning of this Parliament, until further Order be taken by this House: In the mean
Time, all whom it doth or may concern are hereby
required to observe this Order, as they will answer
the contrary thereof to this House."
Eve to be instituted to Linstead;
Ordered, &c. That Dr. Heath, or his lawful Deputy, are hereby authorized and required, upon Sight
of this Order, to give Institution and Induction unto
Henry Eve Clerk, Master of Arts, to the Vicarage of
Linstead, in Com. Kent; granted under the Great
and Robinson to Aistrop.
Ordered, &c. That Dr. Heath shall give Institution unto John Robinson Clerk, Master of Arts, to the
Rectory and Parish Church of Aistropp, in Com. Lincolne, void by the Cession of Samuell Smith Clerk, late
Rector and Incumbent there; Wm. Amcotts Esquire Patron.