DIE Jovis, 16 die Decembris.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Morgan and Sir S. Scott
Ordered, That the Petitions of Mr. Morgan and
Sir Stephen Scott shall be taken into Consideration this
Day Three Weeks; and Sir Steven Scott to have Notice
Watermens Petition, against the Number of Hackney Coaches.
A Petition from the Company of Watermen, was
read, complaining against the Multiplicity of Hackney
Coaches; and Ordered to be committed to these
|L. Viscount Say & Seale.
Ds. La Warr.
Any Three; to meet on Saturday next, in the
Report concerning The Providence.
A Report from the Judge of the Court of Admiralty
was read, concerning the Ship Providence, taken by the
Dunkerkers. (Here enter it.)
Ordinance for the Relief of her Owners.
Next, an Ordinance was read, for the Relief of the
Owners of the said Ship; and Agreed to, and Ordered
to be sent to the House of Commons for their Concurrence.
Gen. Sterling's Letters.
Ordered, That the Letters of Major General Sterlinge, in the Custody of the Clerk of the Parliaments,
shall be delivered to Mr. Frost, to be made Use of by
the Committee for the Irish Affairs sitting at Derby
House, being in Number Thirteen.
Pascall and Spencer.
This Day the Errors in the Writ of Error between
Pascall Plaintiff and Spencer Defendant were argued, by
Counsel, at the Bar.
And, upon mature Consideration of the House, it is
Ordered, That the Judgement given in the Court of
King's Bench in this Cause is hereby affirmed; and the
Transcript of the Record to be remitted into the King's
Bench, that so Execution may be taken out.
Message from the H.C. with an Answer to the Scots Commissioners;—for the Commissioners to go with Bills to the King; and the Scots Commissioners to be acquainted with it.
A Message was brought up from the House of Commons, by Mr. Selden:
To acquaint their Lordships, that the Members of
their House that are of the Committee of both Kingdoms
reported a Paper, which they received from the Scotts
Commissioners, wherein it is desired, "That the Bills
which the Houses intend to send to the King may be
communicated to them:" To which Paper the House
of Commons have made an Answer, wherein they desire their Lordships Concurrence; and if their Lordships
do agree, that then it be delivered to the Scotts Commissioners. (Here enter it.)
Agreed to upon the Question.
2. A Vote, That the Commissioners appointed to
carry the Bills to the King shall go on Monday next,
wherein their Lordships Concurrence is desired; and
that it may be also communicated to the Scotts Commissioners. (Here enter it.)
The Answer returned was:
That this House agrees to the Votes now brought up.
Ordinance concerning Tonnage and Poundage.
The House took into Consideration the Conference
with the House of Commons, concerning the Alterations
and Additions in the Ordinance concerning Tonnage and
And this House adheres to the Alteration in the 13th
Page, videlicet, the Words ["House of Commons"] to
be ["of both Houses"] To all the rest of the Alterations, this House agrees with the House of Commons.
Message to the H. C. about it.
A Message was sent to the House of Commons, by
Doctor Aylett and Mr. Eltonheade:
To let them know, that this House adheres to the
Alteration in the Ordinance for Tonnage and Poundage
in the 13 Page: To all the rest, this House agrees with
the House of Commons.
Account to be given of a Priest, a Coiner, and other Convicts, at The Old Bailey, reprieved.
Upon Information to this House, "That a Priest, a
Coiner, and Soldiers that killed a Child, who were
condemned at the last Sessions at The Ould Bayly, are
It is Ordered, That the Lord Mayor of the City of
London do give an Account to this House To-morrow
Morning upon what Grounds the aforesaid Persons were
Skinner and Andrews.
The Errors in the Writ of Error between Skynner
Plaintiff and Andrewes Defendant were argued, by
Counsel, at this Bar.
And the House, upon Consideration thereof, Ordered, That the Judgement given in the King's Bench
is hereby affirmed; and the Transcript of the Record
to be remitted into the King's Bench, that Judgement
may be taken out accordingly: And it is further Ordered, That the said (fn. *)
Skynner shall pay, to Andrewes
Defendant, Five Pounds for Costs.
Hudson and Boyer.
The Errors in the Writ of Error between Hudson
Plaintiff and Boyer Defendant were argued, by Counsel.
And the House, upon Consideration, Ordered, The
Judgement given in the King's Bench to be affirmed;
and the Transcript to be remitted into the King's Bench,
that so Execution may be taken out: And it is further
Ordered, That the Plaintiff Hudson shall pay, to Boyer
Defendant, Five Pounds for Costs.
Smith and Simpson.
The Errors in the Writ of Error between Smyth Plaintiff and Sympson Defendant were argued, by Counsel.
And the House, upon Consideration, Ordered, That
the Judgement given in the King's Bench in this Cause
is affirmed; and the Transcript to be remitted into the
King's Bench, that Execution may be taken out: And it
is further Ordered, That the Plaintiff Smyth shall
pay, to Sympson the Defendant, Five Pounds for Costs.
Answer to the Scots Commissioners Paper, desiring to see the Bills that are going to be sent to the King.
Resolved, by the Lords and Commons in Parliament assembled,
"That the Privilege, Right, and Custom [ (fn. *) of the
Kingdom] of England is, That Bills passed both
Houses, to be presented to the King for His Royal
Assent, are not to be communicated to any other
whosoever, either in relation to Matter or Form, before His Answer thereunto given; and that there is
nothing contained in any Arcicle of Treaty between
the Two Kingdoms to the contrary.
"That the Houses have resolved to send their Commissioners to the King on Monday next, with the Bills
and Proportions in the Instructions mentioned, according to the same Instructions communicated unto
you: And the Houses desire that such Propositions
as you shall judge fit and necessary for the Kingdom
of Scotland may be prepared to be sent within the
"Ordered, That these Votes be communicated this
Afternoon to the Scotts Commissioners, by the Members of both Houses that are of the Committee of
both Kingdoms, as the Answer of both Houses to
the Papers of the Scotts Commissioners, bearing Date
the 14th of this Instant December, and reported the
Committees to go with them.
Ordered, by the Lords and Commons in Parliament assembled, That Monday next be appointed for
the Commissioners of both Houses to go to the King,
to the Isle of Wight, with the Bills and Propositions, according to the Instructions agreed upon by both
Lesley to be instituted to Warlingham.
Ordered, That Doctor do give Institution
and Induction unto Mr. James Lesly Clerk, Master of
Arts, to the Vicarage of Warlingham, with the Chapel
of Chelsham annexed, in Com. Surrey, void by the
Death of William Parker, the last Incumbent; salvo Jure
cujuscunque; he taking the Covenant, and producing
his Presentation under the Hand and Seal of Harman
Attwood Gentleman, the undoubted Patron.
Report from the Judge of the Admiralty, about The Providence being taken, Homewardbound, by the Dunkirkers, and carried in there;—for the Owners to have Letters of Mart for Reprizals.
"May it please this Honourable Assembly,
"In Obedience to the Order of the Honourable
House of Commons, of the First of November last,
annexed, I have taken into Consideration the Petition of the Governor and Company of the City of
Westm'r, for the Plantation of the Island of Providence, and the whole Matter depending upon it,
referred to the Court of Admiralty: And I find it
clearly proved, by Depositions of Witnesses, formerly taken upon Oath in the Court aforesaid, and
now shewed unto me, That the Ship Providence of
London (whereof Thomas Newman was Captain) having been set out to The West Indies, by the said Governor and Company, at their Charges, and returning Homewards from thence, in Anno 1638, richly
laden, for their Accompt, was, in her said Return,
in December, 1638, forcibly set upon, surprized, and
taken, by a Dunkirke Man of War (whereof One
Springlefeild was Commander), within Two Leagues
of Dungenesse, upon the Coast of England, within
Sight of Dover Castle, and some of the English slain
outright in making Defence, and the rest of them
stripped by the Dunkirkers, and beaten, and barbarously used; and then both the Men, Ship, and Goods,
carried into Dunkirke, and the English there coupled
together with Ropes, and carried to Prison, and put
into a Dungeon.
"And it is likewise proved, that there were aboard
the Ship, when she was taken, Wedges or Pigs of
Gold, and Chains of Gold and Pearl, and Indigo, and
Sarsaparella, and Ambergris, and Bags of Money and
Plate; so that the Dunkirkers confessed, or were
heard to report at Dunkirke, that the Ship and
Lading was worth betwixt Thirty or Forty Thousand
"And I find, by a Copy of the Letter of Mr. Secretary Cooke's, of the Ninth of January, 1638, to
Sir Balthazar Jarrbeer, His Majesty's Agent then
in Flanders, that Copies of those Depositions were
sent over under the Seal of the Admiralty, and a
strict Order given to demand Justice of the then
Insant Cardinal, for that Insolency and Surprizal of
the said Ship and Lading, and abusing and imprisoning the Men, which, as appears by the Copy of
Jarrbeer's Answer, was effectually represented, both
to the Infant Cardinal and the Great Officers of
Justice there; but, no Remedy being obtained, a Second Letter, dated 16 Februarii, 1638, was sent from
Secretary Cooke to Jarrbeere, to press it further; with
Directions that he should intimate, that the Taking
of the said English Ship, Goods, and Persons, upon
the English Coast, was a manifest Infraction of the
Treaties, and was to be accounted as Piracy and Spoil
committed against Justice; and Jarrbeer was thereby
required to demand Restitution of the Captain and
Men, and also of the Ship and Goods, or the Value
thereof, with Damages, or, in case of Denial, to let
them know, that His Majesty could not deny to do
His Subjects the Justice allowed by the Treaty; but;
no Effect issuing thereof, the Eighth of March, 1638,
His Majesty wrote His own Letter to the Infant Cardinal, setting forth this Case of Newman's, the tortuous Surprizal of the Ship and Goods upon the
English Coasts by the Dunkirker, the Imprisoning and
Evil-intreating the Men; and that He greatly marvelled, that not withstanding all the Instance of His
Agent by His Majesty's Order, that no Redress
could be obtained; and then prayed the Infant Cardinal to give His Resident a favourable Dispatch
"By all which it appears, that all fair Means, Requests, Solemnities, and Circumstances, requisite by
the Civil Law and Laws of Nations, were long
since used, for the requiring of Justice, and Satisfaction of that barbarous Spoil committed, as is suggested in the Petition of the Governor and Company
aforesaid, within the Chambers belonging to this
Crown. And for that Justice cannot be obtained, as
the Petitioners state it in their Petition; I do humbly
conceive, that the Remedy that the Law of Nations
prescribeth in this Case is, by granting of Letters
of Mart or Reprizal; and that such Letters of Reprizal ought to be granted to the Petitioners, for recovering Satisfaction of their said Losses and Damages.
"But for the Manner of the Grant, where, and when,
and upon what or how, or with what Limitations
therein to be inserted in these Letters of Reprizal;
I humbly submit it to the Honourable House, whether
they will not think it meet that the same should be
considered of by the Houses of Parliament, or by
the Committee of Lords and Commons for the Admiralty by Direction of the said Houses; and thereupon a Warrant to issue, for the making out of such
Letters; the Court of Admiralty not having Power
to issue the same.
"All which I humbly submit to the Wisdom of
this Honourable Assembly.
"Guil. Clerke, Judge of the
House adjourned till 10 a cras.