DIE Veneris, videlicet, 12 die Maii.
Earl of Manchester, Speaker this Day.
Huntscott, concerning seizing Ashton's Press, for printing scandalous Pamphlets.
Upon the Petition of Joseph Hunscott; shewing, "That
he, according to the Order of this House, hath assisted the Gentleman Usher's Deputy to seize the Press
of Wm. Ashton, for printing of scandalous Pamphlets;
and, upon this, the said Ashton hath brought an Action against the said Joseph Hunscott, and Nic. Bourne,
and others, and hath warned them for a Trial Tomorrow, though the said Ashton hath been told of
the Order of this House:" Hereupon this House
Ordered, That the said Wm. Ashton shall appear before this House To-morrow Morning, to answer his Contempt to the Order of this House; and that Mr. Justice
Bacon, before whom the Trial is to be, shall take Notice
of this Business, and stay the Trial until the Pleasure of
this House be further known.
Hooper and Ihannes.
Upon the Report of Mr. Justice Bacon, of the Cause
(fn. *) between Mr. Hooper and Mr. Ihanns, "That, considering his Proofs formerly taken in his Behalf are
dead, and so cannot proceed at the Trial of the Common Law:" It is Ordered, That this House will
hear the Counsel of Mr. Hooper and Mr. Ihanns, at this
Bar, on Wednesday next, at which Time they are both
to attend this House; and the Judges in the King's
Bench desired in the mean Time not to proceed further
in this Business, without further Directions of this
Corbett's Petition, that the Archbishop of Cant. refuses to collate him to the Living of Chartham.
Ordinance to be prepared, to divest him of his Jurisdiction, and invest the Parliament with it.
Upon the Petition of Edward Corbett, Fellow of Merton College, of Oxford, concerning the Archbishop of
Cant's refusing to institute and collate him to the Parsonage of Chartham, in the County of Kent: Hereupon
this House Ordered, That an Ordinance of Parliament
be passed by both Houses, for sequestering of all his Jurisdiction, and bestowing of Livings, and to place it in
the Power and Disposing of Parliament; and that the
King's Counsel shall draw up an Ordinance to this Purpose, and present it to this House on Monday next;
and, when the said Ordinance is sent to the House of
Commons, then this House is to desire them to think of
proceeding against the Archbishop of Cant, upon his
Charge of High Treason.
State of the Army.
The Lord General represented to this House the
State and Condition of the Army, and the great Want
of Provision of Money, which is the Reason why the
Army cannot march, and take the Advantages which
occur to them; and likewise he made a short Narrative of the Taking of Readinge.
Conference to be had with the H. C. about supplying it.
Upon this, it was Ordered, To have a Conference
with the House of Commons, to desire them to quicken
them to take into Consideration a certain Way of supplying the Army with Monies, that the Army may not
be at the Streights it hath been at, and lose Opportunities when they are offered, and may discourage the
Lord General's Forces, and encourage the other Side:
And the Speaker is appointed to make the Sum of the
Narrative to the House of Commons, which the Lord
Lord General's Orders neglected.
The Lord General further signified, "That he gave
Command to the Lord Gray, Colonel Cromwell, and
other Forces in the North, to draw themselves into a
Body, which hath not been done according to his Direction; by which Neglect, the Convoy with Waggons of Ammunition are come to the King, without
Hereupon this House thought it fit to recommend the
Examination to the Lord General, why his Commands
in this Particular was not obeyed, and (fn. *) where the
Fault was; and where he finds the Disobedience and
Neglect, to re-call his Commission.
Message to the H. C. for this Conference.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Doctor Bennett:
To desire a Conference, touching some Businesses reported to this House from the Lord General.
Message from thence, with a Letter to Scotland;
A Message was brought from the House of Commons,
by Sir John Evelyn:
1. To desire their Lordships Concurrence in a Letter
to be sent to the Kingdom of Scotland, which they desire may be subscribed by the Speakers of both Houses.
and an Order for Concurrence.
2. An Order for bringing of Masts for His Majesty's
Ships from Kinsale.
Letter to Scotland to be further considered.
The said Letter was read; and this House Resolved,
To have a Conference with the House of Commons, to
acquaint them, That, for the latter-Part of the Letter,
their Lordships are satisfied of the Matter of Fact;
but, concerning the First Part, that divers Lords of
Scotland have levied War against the Parliament, to desire that the House of Commons would acquaint them
with those Grounds which induced them to make that
Expression; and that a Committee of (fn. †) Six Lords, with a
proportionable Number of the House of Commons, may
meet, to consider of the First Part of this Petition:
Committee for a Conference about it.
E. of Northumb.
L. Viscount Say.
Order for bringing Masts from Kinsale.
Then (fn. *) the Order (fn. †) for bringing of Masts from Kinsale
was read; and, because this House was informed, "That
there is but small Store of Masts in Kinsale, that will
not be worth fetching away, and they may be useful
to remain there for the Use of the Ships," this
House thought it fit to acquaint the House of Commons
with this Scruple at the next Conference.
The Answer returned was:
Answer to the H. C.
That this House will send an Answer, by Messengers
of their own.
Message to them, for a Conference about the Letter and Order.
A Message was sent to the House of Commons, by Sir
Rob't Rich and Mr. Page
To desire a Conference, concerning the Letter to be
sent to the Kingdom of Scotland, and the Order for
sending of Masts from Kinsale.
Lord General to receive the Thanks of both Houses.
The Speaker of this House was commanded, in the
Name of this House, "To give the Lord General
Thanks, for the Expressions of his great Care and
Readiness to do the Parliament all faithful Service
in this Employment;" and which accordingly the
The Speaker was appointed to desire, at the Conference, "That the Lord General may have the like
Thanks from the House of Commons."
Mrs. Brograve's Petition, concerning the Administration of Leventhorpe's Effects.
Upon reading the Petition of Dorothy Brograve, Widow,
complaining, "That Doctor Merrick, Judge of the Prerogative Court, hath granted Administration of the
Goods and Chattels of Thomas Leventhorpe, Brother
to the Petitioner, to the Lady Dorothy Leventhorpe,
contrary to Law:" Hereupon this House (fn. ‡) will hear
Counsel on both Sides this Day Sevennight at this
The Messengers sent to the House of Commons return with this Answer:
Answer from the H. C.
That they will give a present Meeting, as is desired,
in the Painted Chamber.
The House was adjourned during Pleasure; and, the
Conference being ended, the House was resumed.
E. of Leicester's Servant, a Pass.
Ordered, That a Servant of the Earl of Leycester
shall have a Pass to go to Oxford, and return again to
Ordered, That Mrs. Roper shall have a Pass, to
bring a Box and a Trunk from Oxford.
Mrs. Brograve's Petition about Leventhorpe's Administration.
"The humble Petition of Dorothie Brogave,
"That, by the Statute made 21 H. VIII. Cap. 5. it
is expressly Provided and Enacted, That, in Case any
Person die intestate, that the Ordinary shall grant an
Administration of the Goods of the Person deceased
to the Widow, or to the next of Kin, of the Person
"That, contrary to the said Statute, Will. Merricke,
Doctor of Law, Judge of the Prerogative Court, the
4th of July last, 1642, granted Administration of the
Goods, &c. of Thomas Leventhorpe, Brother to the Petitioner, who is dead without Executor, from the Petitioner, to the Lady Dorothy Leventhorpe, being of
no Kin to the said Thomas, and to Edward Leventhorpe, a Servant to the Archbishop of Cant. and of
remote Kin to the said Thomas, many Degrees from
him; from which Administration the Petitioner hath
appealed, which, by reason of the Distraction of these
Times, she cannot prosecute with Effect; and the said
Edward Leventhorpe, by Colour of the said unjust
Sentence and Administration, endeavoureth to possess
himself of a Lease of great Value, which belonged to
the said Thomas.
"The Petitioner humbly prayeth their Lordships
to take the said Cause into Consideration, of
how great Consequence it is that a Minister of
Justice, placed in so high a Trust as the disposing of the Estates of the greatest Part of
the Nobility, Gentry, and others of this Kingdom, shall presume to do therein against the
express Provisions of the best and justest Laws
of this Land, enacted in Parliament; and that
their Lordships would call the said Doctor Merricke, Lady Dorothy Leventhorpe, and Edward
Leventhorpe before their Lordships, to do that
for the Petitioner's Relief which their Lordships shall hold just, which she prays may
be done with as much convenient Speed as
their Lordships great Occasions will permit,
the Petitioner being aged and sickly; and, if
she die, the said Appeal and her Interest are
likely to fall together, &c."
House adjourned till 10 a cras.