Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.

About this Item

Title
Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.
Author
Whitlocke, Bulstrode, 1605-1675 or 6.
Publication
London :: Printed for Nathaniel Ponder ...,
1682.
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Subject terms
Great Britain -- History -- Puritan Revolution, 1642-1660.
Great Britain -- History -- Charles I, 1625-1649.
Great Britain -- History -- Charles II, 1660-1685.
Link to this Item
http://name.umdl.umich.edu/A65910.0001.001
Cite this Item
"Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A65910.0001.001. University of Michigan Library Digital Collections. Accessed June 21, 2025.

Pages

June, 1649.

(1) Upon a Report from the Commissioners * 1.1 of the great Seal, of the Names of fit Persons to be Judges, and Barons of the Exchequer, the house voted.

That Serjeant Nicholas, and Mr. Ask be Judges of the upper Bench.

That Serjeant Puleston, and Peter Warburton Esq be Judges of the Common Pleas.

That Serjeant Thorp, and C. Rigby be Barons of the Exchequer.

And that the Commissioners of the Seal do grant them Patents accordingly.

That Mr. Broughton be Clerk of the Crown of the upper Bench, in the Place of Mr. Ask, he be∣ing made a Judge.

An Act passed declaring the Grounds of the next thanksgiving Day.

Upon the Generals desire, the House confirmed what C. Pine had done in Somer setshire, in raising Force there against the Levellers, by Letters from the General, he and Sir T. Wroth had the thanks of the House for what they did.

Sir Thomas Soames being called to the Bar, and * 1.2 asked why, having notice of the proclaiming the Act against Kingship, he did not attend the Lord Mayor at the doing of it.

He answered, That it was against several Oaths which he had taken as an Alderman of London, and against his Judgement and Conscience.

Alderman Chambers being asked the same * 1.3 Question, answered, That his Heart did not go a∣long in that Business.

Sir Thomas was disabled from being a Member of the House, and disfranchised from being an Alderman, or to bear any publique Office. And Alderman Chambers was disabled from being an Alderman, or to bear any publique Of∣fice.

(2) An Act passed for sale of the Goods of the late King, Queen, and P. but the sale of the Pictures was respited.

An Act passed for doubling upon the publique Faith, upon Sale of Deanes and Chapters Lands.

Orders for the Commissioners of the Seal to issue out Writs to make Mr. Warburton, C. Rigby and Mr. Ask Serjeants at Law, they being to be made Judges.

Order for the Councel of State to bestow a House and Maintenance for Mrs. Elkinea and her Children.

Page 391

(4) Upon a Report from the Committee of absent Members, C. Russel, Mr. Edwards, Mr. Fr. Gourdon, Mr. Hodges, and Mr. Ellis, were read∣mitted to sit in the House.

Petitions of many poor Prisoners for Debt, that the Act may be passed for their re∣lief.

An Act Published of the grounds of the next day of Publique thanksgiving.

A Declaration of the Officers and Soldiers of C. Hortons Regiment, testifying their Adherance to the Parliament, and to the General, presented to his Excellency.

The like from M. G. Skippons Regiment, and from the Town of Portsmouth.

Letters from Scotland, that a Declaration was brought from Ireland thither, against Parlia∣ment of England, that at their thanksgiving, the Ministers vehemently preached against the Ma∣lignants and Sectaries.

Letters from Chester that Dublin is in a good Condition, that one of the Souldiers, by sentence of the Councel of War, was shot to death for mo∣ving one of his Fellows to run away to the Ene∣my, and that Prince Rupert and Inchequin are at great Difference, and so are Owen Row and Or∣mond.

Letters from Holland that the Danish Ambas∣sador desired to borrow of the States a great Sum of Mony for the King of Scotland, and offered the Sundt Security for it.

That at the Diet at Sweden, it was resolved to assist the King of Scotland with Mony.

That the Lord Cottington, and Sir Edward Hyde Ambassadors from the King of Scotland, de∣sired audience of his highness Leopoldus, and from thence were to go for Spain.

(5) C. Popham one of the Generals at Sea re∣ported to the House the good Service of the Fleet, the Relief of Dublin with Provisions, that Sir George Ascue is left there with some Ships, that 15 of Prince Ruperts Ships are blocked up in Kin∣sale, and desired speedy Supplyes for the Na∣vy.

The House ordered Supplies accordingly, and thanks to the Generals at Sea, and to C. Jones, and that these Successes at Sea should be re∣membred in the Day of thanksgiving.

The Councel of State gave order for Flemish Ships to transport the Horse into Ireland, and for the Regiments to march to Chester and other Ports, and not to stay above one night in a place.

Letters from Sir George Askue, that he had fur∣nished Dublin with Provisions, and sent others to Sir Charles Coote, and had blocked Prince Ruperts Ships at Kingsale.

Letters that the L. Rea, and 20 other Prisoners were brought to Edenborough.

(6) A new Mace with the Arms of England and Ireland, instead of the Kings Arms, appro∣ved * 1.4 and delivered to Serjeant Birkhead to be used for the House, and all other Maces for the Com∣monwealth to be of that Form.

Vote for 3000 l. to be given to Mr. Blackstons Wife and Children, in respect of his Losses, and 500 l. to his Brother, out of the L. of Newcastles, and L. Widdringtons Estates.

Order for Captain Bishop, Provost Marshal to apprehend suspected Persons, and to have 100 l. per annum Salary, and 12 Men at one shilling per diem a piece.

Order for 1000 l. for a Stock to settle poor People to work.

Upon a Report from the Councel of State, or∣dered, that when the Speaker with the House came into the City, the Lord Mayor should deliver up to * 1.5 him the Sword, as he used to do to the King, and that at the Feast, the Speaker should sit above the Lord Mayor, and referred it to the Councel of State to * 1.6 order matters of Ceremony at the Meeting.

Letters that the Queen of Sweden had furnished the King of Scors with great store of Ammuniti∣on.

A Declaration of the Officers and Souldiers of Colonel Reynolds his Regiment, to the same Ef∣fect, with those of other Regiments.

(7) The Speaker with the House of Commons the General with the Officers of the Army, the * 1.7 L. President, and Councel of State, after the hear∣ing of two Sermons, went to Grocers-Hall to dine with the Lord Mayor, Aldermen and Common Councel, according to their Invitation.

The Speaker sat first, next to him the Lord Mayor, then the Lord General, then the Earl of Pembroke called to Whitelock to sit down, being the antient Commissioner of the great Seal, he desired his Lordship would be pleased first to sit down, and then he would sit by him. With that the Earl spake aloud (as he used to do) that all near him might hear, What, do you think that I will fit down before you? I have given place heretofore to Bishop Williams, to my Lord Coventry, and my Lord Littlet on.

And you have the same place that they had, and as much honour belongs to the place under a Common-wealth, as under a King, and you are a Gentleman as well born and bred as any of them, therefore I will not sit down before you.

With his earnestness, he caused Whitelock to sit down before him, and sat himself the next to him, and then the Lord President of the Councel, and the other Commissioners of the great Seal (the Earl of Satisbury, and the Lord Howard) sate next to the Earl of Pembroke, and after the Com∣missioners of the Seal, sate Lieutenant General Cromwel, and other Members of Parliament, and of the Councel of State.

At two Tables on each side of the Hall sate other Members, and at a Table in the middle of the Hall sate M. G. Lambert, and other Officers of the Army; the Judges sate in a Room over the Parlour which was very large, and the Lord May∣or, Aldermen, and some Common Councel men at another Table in the same Room.

The Musick was only Drums and Trumpets; the Feast was very sumptuous, no Healths drunk, nor any Incivility passed; and besides the over∣plus of the Victuals left at Dinner, 400 l. was given to the poor of London.

(8) An Act past, for settling Maintenance up∣on the Ministry of the Nation.

Report touching Relief for maimed Souldiers Widdows, and Orphans of Souldiers slain.

Referred to the Committee of Oxford to pre∣fer Mr. Thomas Goodwyn, and Mr. Owen to be heads of Colledges in that University, and that they have the hearty thanks of the House for their Ser∣mons yesterday.

Some Members of the House and of the City, ordered to return the hearty thanks of the House to the Lord Mayor, Aldermen, and Com∣mon Councel for their great Love and Civilities yesterday expressed to the Parliament and Army.

Referred to a Committee to consider what mark of Honour and Favour the Parliament should bestow upon the City, for their real Affection to the Parliament.

Page 392

Some Aldermen and Common Councel men in the name of the Lord Mayor, Aldermen, and Common Councel, presented the Lord Ge∣neral with a large and weighty Bason and Ewer of beaten Gold, as a testimony of the Affections of the Giny to his Excellence.

They also presented from the City to the Lieu∣tenant General Cromwel, Plate to the value of 300 l. and 200 Pieces in Gold.

(9) A long debate touching absent Members, voted that those who gave their Votes for Addresses to be made to the late King, should state their Cases * 1.8 in Writing by a day, to a Committee for absent Mem∣bers, which if they neglect to do, then Writs to be is∣sued out for new Elections in the places of those who shall so neglect.

(11) Debate touching the Earl of Chesterfields Composition.

Letters from the Countess of Leicester, and the Earl of Northumberland, for allowance for the late Kings Children, referred to the Committee of the Revenue to provide Monies for them.

Order for demolishing Montgomery Castle, and allowance to the Lord Herbert for his Damage thereby, out of his Fine.

Order for demolishing Winchester Castle, and Reparation for the Damage thereby to Sir Willi-Waller. The like for Belvoir Castle, and for Repa∣ration of the Damage thereby to the Earl of Rut∣land, referred all to the Councel of State.

The Act passed for relieving Persons compriz∣ed in Articles.

Another for altering the Original Seales of Ca∣ermarthen, Pembroke, and Cardigan.

Another for altering the Seal of Nisi-prius of the Common Pleas.

Order that the Members of the House, and of the Councel of State, the Lords Commissioners of the Great Seal, and Judges, do attend the Funeral * 1.9 of Dr. Dorislaus.

Letters that the Parliament of Scotland took many exceptions to the Letter sent to them from the Parliament of England. That they go on in raising Forces, but the Quelling of the Levellers * 1.10 in England did not please them. But they bewaile the suffering condition of their Preshyterian Bre∣thren in England.

That in Scotland are many English Officers and Soldiers, who expect imployment when their new King cometh, and are out of Patience, and Mony by his longstay, that the Scots fear a Famine; and Execute very many for Witches.

(12) Order for 6000. Men for the Summer Guard, to be Proportioned to the ships, and 3000 for the Winter Guard.

Referred to the Commitee of the Army, to con∣ferre with the Councel of State, touching the number of Forces to be kept up, and the Pay of them.

Referred to a Committee to prepare an Act, up∣on Sir. Henry Vane's report touching the Ex∣cise.

The new Judges were Sworn in the several Courts; And it came to Whitlock's turn to make the Speech to those who were sworn Judges of the Common-Pleas. Who were Mr. Sergeant Pen∣leston, and Mr. Sergeant Warberton.

Wherein (amongst other matters) he told them of their being the first Judges Publickly Sworn in this Common-wealth, and spake to them concerning Judges in general Judges of this Com∣mon-wealth, and Judges of this Court. On the second Head he told them, That the Judges in this Common-wealth are of as great Antiquity as is the Law it self. That the Druides were Judges or Interpreters of the Law Amongst the Pritains. And as they studyed the Law 20. Years, yet com∣mitted * 1.11 nothing to writing. So out Judges spend as much longer time in the same study, and our common Law is Lex non scripta at this Day.

He also intimated to them what he found in In∣gulphus, p. 870. and in Seldens Janus Anglorum, of the Division made by King. Alphred, or Allured in Judices, quos nunc Justiclarios vacamus, et Vi∣cioomites. And in the sanie Author, that when W. I. upon the suit of the Abbot of Crowland con∣firmed the Laws of St. Edward, he proclaimed them to be kept, et Justiciarijs suis commendabat. And then he thus proceeds.

All these are Testimonies of the Antiquity of our Judges, but I hold not this essential to be largely con∣sidered, save as it falls in our way. Neither shall I rob you of your time by an elaborate Discourse of the Honour and Respect due to your Place, only you may pardon a few Observations thereupon, and the rather for the particular Relation I have to that Calling. What respect the Sexons had to their Judges appeares in the Etymology of their Word Grave which sig∣nifieth a Judge, and an Earl, Sir John Danys Rep.

As in the old Law of the Ripuarians, C. 55. Act 1st. The Title being Si quis Graffionem interfecerit. The Text is, Si quis Judicem Fiscalem, quem Comitem vocant, interfecerit, Seld. Tit. Hon. f. 121. 127. and Haillan. f. 274.

But to come nearer home, we find in the Law of H. 1. This Description of a Judge, Regis Judicos sunt Barones Comitatus, qui liberas in eis tenras habent, villani vero, corsetti, vel ferdingi, vel qui sunt viles, aut inopes Personae, non sunt inter In∣dices numerandi.

Whence appears the reason of the Judges of the Ex∣chequer, being called Barons Seld. Tit. Hon. f. 347. and 390. Lambert. f. 186. 1 H. 6. f. 7.

Agreeable with this is the Testimony of Bracton, who saith thus, Comites vero, vel Barones, nonsunt amerciandi, nisi per pares suos, et hoc per Barones Scaccarij, vel corain ipso Rege.

Ʋpon which, and the Case of the Earl of Northum∣berland under H. 6. Selden observes, that all Judges were held antiently as Barons.

And the Writ by which they were Summou'd to Parliament, is in the same Style, and hath in it the same words with the Writs of Summons of Barons, Consitium vestrum impensuri, Those of the Com∣mons being ad faciendum, et consentiendum hiis, quae de communi Confilio ordinari contigeunt.

And in some Entries of Judgments upon Writs of Error in Parliament, the words are ex assensn In∣stitiariorum, and the Title of Lord was given anti∣ently to all the Judges, as appears in divers of our Books, and Records, and is still given to the Judges of Assize.

They have their Officers, and their Purveyante, as the Barons had, untill taken away by the Statute front both Rot. Parl. 10. E. 2. pt. 2. M. 20. and 2. E. 3. pt. 1. M. 33. and Rot. Claus. 11. E. 1. and this was taken away by the Statute 4. E. 3. C. 3.

Theye be divers Cases, and Records of Punish∣ments inflicted on those, who gave any affronts to Judges, and especially that noted Case of Roger Hengham, M. 33. and 34. E. 1. rot. 71. in the Re∣ceipt of the Exchequer.

So tender hath the State alwayes been of the Ho∣nour of their great publick Officers, and as the State is, so the Judges themselves ought to be very tender of that Honour with which they are intrusted; which is not so much theirs as the Nations Honour, and the Honour of the Law it self.

They are neither to lessen their Honour by a Cari∣age too lofty, for most Honour is gained by Courtesy

Page 393

and Humilty. Nor to lessen their Honour by a Port too low, and unbeseeming their Quality. But this point needs no consideration in this place.

I hasten to my last particular, which is concerning Judges of this Court. A high and antient Court, high in respect of the Ʋniversality, and business of it; the Liberties, Franchises, and Property of all the People of this great Nation, are determinable in it.

And concerning the Antiquity of the Court, give me leave upon this Occasion, and for the Right and Honour of this Court, a little to look into an Opinion delivered by great and learned Men, upon that Point.

Not that I presume upon my slender Judgement to controul theirs, but to lay before you their Asserti∣on, and what Authorities I have met with in my lit∣tle reading to the contrary, that your selves, by com∣paring both together, may the better Judge of the difference.

Lambert, Cowel, Serjeant Fleetwood, Sir Tho∣mas Smith, and a Manuscript concerning Masters of the Chancery, all of them do affirm, That the Court of Common Pleas was erected by the Sta∣tute of Magna Charta, C. 11

The Words are Communia placita non fequantur Curiam nostram, sed sint in loco certo, from hence collect that common Pleus which before were held in other Courts, and followed the Kings House, were not settled in a Place certain, nor the Court of Com∣mon Pleas erected til this time.

Of these Authors, Sir Roger Owen in his Ma∣nuscript sayeth, They are like unto Ostriches, Birds of great Feathers, yet little Flight, I cannot subscribe to their Opinion, upon these Grounds.

Beda. f. 10. relates that the prime Monarch, with the consent of the States of Parliament, allotted Pleas of the Crown to one Court, Common Suits of Subjects to another, and Matters of Revenew to a third, and this was long before Magna Charta.

They mistake the Words Curiam nostram in this place of Magna Charta, to signify the Kings House, which had not then that appellation; but the Word curia had another signification.

Among the Romans, whose Word it is, Curia sometimes was taken for the 30th. part of the People, into which Romulus divided them: but more fre∣quently it signifyed with them an Assembly of Cler∣gy-Men, and Lawyers, as Curia Hostilia, Pompeya, Julia, &c.

St. Augustine in his Coment upon the 121 Psalm, sayeth, that Curia improperly is taken for a Tribe, but properly signifies the Courts of Justice in Cities and Countries.

In the same sense, the word is taken with us, and was so before any applications of it to the Kings House, as is plain in the Mirror of Justices. Glan∣vil, the Stat. of Marlbridge, 52. H. 3. the Stat. W. 1. 3. E. 1. and W. 2. 13. E 1. and others, and in Walsingham, Ingulphus, Hoveden, Paris, and all our Chief Historians.

In H. 3. time, and after, Hospitium Regis was generally the Kings House, as Maresehallus Hospitii, Senesehallus Hospitii, in their Letters Patents, and Britton calls it Hostel du Roy.

That ground then will fail them, that by the word Curia in Magna Charta, is meant the Kings House, but as Sir Roger Owen, and others conject∣ure, by it is meant, the Courts of the Chancery, Kings-Bench, and Exchequer.

The Case 21. E. 3. Fitz. Bre. comes to this, where a Writ de rationabili parte Bonorum was brought in the Kings Bench, the Defendant pleaded this part of Magna Charta, Comunia placita non sequantur Cu∣riam nostram, and though he had been at issue, yet the Plantiff would not proceed.

And in 26. E. 1. in the Treasury, one Nicholas de Scotland brought assize for Land, which was reversed for Error in the Kings Bench, where the Judges willed Nicholas to arraigne a new Assize in the Common Pleas, because by the Words of Magna Charta, Common Pleas ought not to follow Ban∣cum Regis, and there are no other words (Curiam nostram) in Magna Charta but these.

In the Stat. Articuli super Chartas, it is said, No Common Pleas shall hereafter be held in the Cheq. against the tenour of the great Charter, and there be no words restraining suits of Common Pleas, by the great Charter, but these.

To make it more plain, It is agreed by Hoveden, Paris, and others, and I think not to be denyed, that Magna Charta were the Law of Edward the Con∣fessor. And in that Case, 21. E. 3. the Defendant pleaded this part of it, not as an Act of Parliament, but as a common Consent, and Custom.

To this purpose, that is pertinent 26. Assis. p. 24. where the Abbot of B. prescribes to have Cogni∣zance of Pleas, and to have an Original out of Court, by usage in the time of St. Ed∣ward Kings. And that H. 1. by his Charter, con∣firmed all the usages, and that they should have Cog∣nizance of all manner of Pleas; so that the Justi∣ces of the one Bench, or the other, should not intermed∣dle, upon which my L. Cook, Lit. 71. B. Collects, that then there was this Court, and these Judgse.

In the Treasury of the Chequer, are many Re∣cords of Pleas of King H. 2. R. 1. and King John, dated in the Court of Common Pleas.

In an antient Roll there is contained the suit be∣tween the Abbot of Aniou, and the Abbot of Crow∣land, about the Meers of a Marsh, in the Court of Common Pleas in R. 1. and King John's time, and the names of the Justices set down in the Roll thus Justitiaru in Banco residentes, and the Chancellor writes to them by that Name.

Glanvil in his second Book writes of them which would not wage Battle, but have their Matters tryed by a Jüry, f. 14. that they were to be tryed coram Justitiarijs in Banco residentibus.

In Glanvils 4. Book, it is said, that Quare im∣pedits. are returnable coram Justitiarijs apud Westmonasterium which they are to this Day.

In his eighth Book he writes, though Fines were levyed in many other Courts, yet still they were in∣grossed coram Justitiarijs in Banco residentibus; and so they are to this day.

An Act past for Mr. Broughton to be Coroner of the upper Bench.

Dr. Walker is made one of the Judges of the Admiralty.

A Petition of Mr. Gething for Money, and a Demand of Mony by the Lord Grey of Wark re∣ferred to the Commitee to remove Obstructions in the sale of Deanes and Chapters Lands.

An Act past to encourage the Manufacture of Salt.

Order of the Councel for demolishing of Lan∣caster-Castle.

Letters from the Parliaments Navy, that divers of Prince Ruperts Seamen came in to them, that the Prince had very few Men, and most of them, such as had been taken Prisoners by him.

Letters from Chester that the Irish Rebels came near to Dublin, and many of the Parliaments Forces ran to them, that Wheat in Dublin was at 55 s. the Barrel.

From Ireland, that Ormond was come with 12000 Foot, and 2400 Horse, within 25 Miles of Dublin, where he had besieged some places, that C. Jones went out with a Party to relieve them.

Page 394

That the Catholicks and old Protestants went day∣ly in to Ormond.

(13) Referred to a Committee to consider of some things offered in behalf of the People of New-England.

Raising Mony for lame Souldiers referred to the Committee of Hospitals.

Order for the Commissioners of the Seal to pass several Pardons, upon Certificates of the Judges, for Persons condemned in the Circu∣its.

Order that the Earl and Countess of Leicester take care, that no other Ceremony be used to the late Kings Children, than is used to Noble Mens Children of this Nation.

A Declaration of the Officers and Souldiers at Lancaster to the same Effect with those from o∣ther Regiments, was presented to the Gene∣ral.

The Mayor and divers Citizens of Oxford, pre∣sented Whitelock with a Patent, to be High Stew∣ard of that City, to which he was unanimously chosen by them in the place of the Earl of Berks.

Upon Lieutenant General Cromwel's Desire, referred to a Committee to take his Accounts of his Expeditions into Wales, and Scotland, and to give him Discharges.

(14) Much time spent upon the business be∣tween Sir John Danvers, and the Lady Gargrave, touching the Estate of the late Earl of Danby their Brother, and resolved upon the Question, that Sir John Danvers was deprived of that Estate by the Will of the Earl, for his Affection and adhering to the Parliament. And referred to a Committee to consider how Sir Johns Losses thereby, may be repaired.

Letters from Holland, that Prince Charles was attended from the Hague by the Princess, his Sister, and many Persons of Eminence, and with 40 Troops of Horse to Breda, and from thence to Antwerp, and so to Bruxels, where the Arch Duke Leopold intends to receive and conduct him into France.

(15) Monies ordered for the Lord Lisle, up∣on his Accounts, as Lord Lieutenant of Ireland.

Referred to the Councel of State, to order the going of the several Judges in the next Circuits.

Upon Information of the good Service done by Baron Thorpe in the last Norhern Circuit, ordered that he go the same Circuit this Vacation.

Order for Judge Pheasant, to make choice of his Circuit, or to stay at home, being Sickly.

Mr. William Littleton, and Mr. Bulstrode ordered to be Judges of Northwales.

Order for the Commitee of the revenue duely to Pay the Sallaries of the Lords Comissioners of of the Seal, and of the Judges.

Order for an Act to Enable the Judges who ride the Northern Circuit to keep Assize at Durham, for the Bishoprick.

Upon a report from the Councel of State, the House approved of Commissary General Ireton, to go into Ireland, next Commander in chief unto Lieutenant General Cromwell. And that he have presently paid him 2000. l. In part of his Ar∣reares.

Letters that store of Provisions of Corn were brought in by Dutch Ships into Lancashire.

An Act past, for transmitting into the Exchequer Bonds forfeited to the Commissioners of Excise, to the end they may be put in suit. And the Com∣missioners of Excise were continued till the 25th. of Decemb. next.

Order for an Act to ease the People in Payment of the Excise.

Order that the Trustees for sale of Bishops Lands do put their Powers into Speedy Execution.

Upon the Petition of the Widdowes of Slain Souldiers, referred to the Commitee of Haber∣dashers Hall, to alow them their Husbands Arreares, out of such concealed Delinquents Estates as they should discover.

Power given to the trustees to sell Deans and Chapters Lands at 10 years Purchase.

The General sent a Letter to the Colonell of each Regiment to give him an account of the tak∣ing off of Free Quarter.

(18) An Act passed, for relief of Persons ac∣cording to Articles of War.

Upon a recommendation of the General order∣ed, that Sir. William Fleetwood, Sir. Edward Sy∣denham, Mr. John Carey, Mr. Adrian May, and Mr. Stidolph, shall have the benefit of the Articles of Oxford.

Order for a Writ, for a new Election of a Mem∣ber for Abington.

Order for 100. l. For Arrears of Mr. Rowland Wilson as Muster-Master General for the Forces of Warwick Shire.

M. Cobbet dismist of his Command, and Cap∣tain Rogers Committed to the Marshall, by order of the General.

Letters that the Inhabitants of Draiton in Shrop-shire, on the last Lords Day, in the night fell upon Captain Thelwels Troop, and disarmed and pil∣laged them.

That the reduced Souldiers at York, seised upon some of the Officers who were to pay them their Arrears, and kept them in restraint 4 Hour.

(19) Order for 1000. l. For the Lieutenant President Bradshaw, and referred to a Commitee to consider how 4000. l. per annum Lands of In∣heritance may be settled upon him, and his Heirs, and how 1000. l. Per annum may be settled upon M G. Skippon, and his Heires, for their good Services

An Act passed read 3 times this Morning, to inable the Judges that go the Northern Circuit, to hold Assizes at Durham.

A Petition of Mr. Stedman &c. referred to the Committee of Leicester.

Upon a report from the Councel of State, re∣ferred to the Court of Admiralty to examine a business touching some Merchants of the enter∣course; and certify the House.

Letters from the Generals at Sea that they in∣tended as soon as weather will permit to recover King sale Road.

C. Reynolds his Regiment, and C. Okey's Companies were ready to be shipped for Ireland.

The General sent his Orders to every Regimen to permit any of the Regiment that would go for Ireland, and not to entertain any in their Rooms till further order. And to Lieutenant General Cromwell, not to entertain any who have left any Regiment designed for Ireland, and to have their accounts Stated.

Letters from Chester, that C. Jones, and Owen Row were so far agreed, as not to disturb one anothers Quarters.

Letters that the Scots were new modelling their Army, and none to be of it, but those who take the Covenant, that the Comissioners of the Kirk, would have the King further pressed to grant their desires.

(20) Petitions reported by Comissary General Ireton.

Petitions from Kendall referred to the Com∣missioners of the Seal, and the Attourney General.

Petition of the Earl of Lincoln for dammage

Page 395

for the demolishing of Tatters Hall Castle refer∣ed to the Councel of State.

Order for disposing 1480. l. Taken in a Dutch Ship at Graves end.

Order for satisfaction of losses to Mr. Everard, and others of Essex out of the estate of Butler an Irish Rebel.

Another Petition referred to the Comissioners of the Great Seal.

An Act past for Lessening the Rates in the sale of Deans and Chapters Lands.

Dismantling Gotheridge Castle referred to the Councel of State.

Letters that some of Prince Charles his Ships had taken divers fishermen.

The Commitee touching Major General Brown, and other Members, revived.

Order for the Trustees for sale of Bishops Lands to put their Powers in Execution, for speedy bring∣ing in of Moneys due upon contracts with them; as well against Members of the House as o∣thers.

The Commitees to sequester those in default, and divers Orders made to remove obstructions in the sale of deans and Chapters Lands.

(21) Mr. Lenthall, the Speakers son, re-ad∣mitted to sit in the House.

Letters, that Ormond was come up with 12000. into the quarters of Dublyn. That Divers from the Town ran away to him. That C. Jones, and C. Monke were preparing to march out to him.

(22) A report from the Councel of State, that * 1.12 before the house do Adjorn, it will be fit that these Acts be passed by them, viz.

All General Acts concerning Monies for settling the Militia.

For Prohibiting the exportation of Wool, and Ful∣lers Earth.

To Prohibit the Exportation of Gold and Sil∣ver.

For Punishing revolted Sea Men, and for invest∣ing the Judge of the Admiralty with his Power.

For Relieving well Affected Tenants against their oppressing Land-Lords.

For Suppressing all Scandalous and Malignant Pamphlets, and the Authors and Printers of them, and to Prevent as much as may be Printing.

For Punishing Licentiousness and Abuses in Pul∣pits.

For repealing the Clause in the Stat. 35 El. con∣cerning Sectaries.

For a General Pardon.

For relieving Poor Prisoners for Debt.

For securing the Soldiers Arrears.

For Probate of Wills, Granting Administrations, and investing Ministers in Livings.

The Councel further reported divers things to be prepared during the recesse of the House, for their debate at their next Meeting, viz.

An Act for taking away Tithes, and for setl∣ing another maintenance for the Ministers. con∣cerning future Parliaments.

For Regulating Proceedings at Law, and what Lawes are fit to be repealed.

The House appointed a day to take these mat∣ters into consideration.

The Commission to Lieutenant General Crom∣well to command in chief the Forces in Ireland, was read in Latin, and in English, and approved * 1.13 and ordered to Passe the Great Seal, to be in Force for 3 years.

And the Civill and Military Power to be in him for that time.

An Act Passed for Making Robert Bernard Esq Judge of the Isle of Ely.

Order for the Painted Chamber to be Prepared, and hanged for the Commissioners of Articles to sit there.

An Act Passed for Stating the accounts of all Officers and Souldiers.

A Proclamation by the General, forbiding Souldiers to put their Horses into Mowing Grounds.

(23) Upon consideration that the Mony was very little that yet came in by Sale of Deans and Chapters Lands; ordered that the Officers and Souldiers, whose Accounts are audited, may double their areares for Purchase of those Lands.

The desires of the Earl of Denbigh, touching his Arreares for his Ambassy into Italy, and other Arears, referred to the Commitee of the Re∣venue.

Referred to a Commitee to consider of C. Hen∣ry Martin's Losses, and of his Arrears, and how they may be satisfied.

(25) The Petitions of the Earl of Rutland, and of the Leadminers, referred to Judges of the Nor∣thern Circuit.

An Act Past for holding the Assizes for Lan∣cashire in Lancaster Castle.

The next Winters Guard for the Seas approv∣ed off.

The extraordinary charges of Lieutenant Ge∣neral Cromwell for his journey into Ireland, refer∣red to a Commitee to consider and report.

Referred to a Commitee to select the Acts fit to be past before the adjournment of the house, and what matters to be debated during the re∣cesse.

The Lord Grey's Disbursments and Arrears referred to a Commitee, how he may be satisfied.

An Act for making a Judge of the Admirality and Cinque-Ports rejected.

An Act past giving Power to the Councel of State to grant. Letters of Marque and Repris∣al.

An Aditional Act past, for incouragement of Purchasers of Deans and Chapters Lands.

Letters from C. Blake and C. Deane Generals at Sea, that they are again before King-Sale, that P. Rupert and Maurice are there, and have gotten 400 Sea-men from Waterford, that Ormonds Ar∣my is 14000.

A Paper of requests delivered to Lieutenant Ge∣neral Cromwell for Recruits and Supplyes, for Sir Charles Cootes Forces in the North of Ireland, that they being 3 Regiments of Horse; and 3 of Foot, have had but 8 Moneths Pay in 8 Years, and a Peck of Oatmeale a Weeke. And that Sir Charles Coot may be relieved.

Letters that C. Jones was Marched out of Dub∣lyn with 4000 Foot and 1000 Horse upon Or∣monds drawing near to the Town, but that Or∣mond being with in 5 Miles of him, Jones retreated to secure Dublyn.

Letters from Scotland, that their King had parted * 1.14 with Montrosse, had consented to the Covenant, and to the desires of the Kirke, and to confirm what was done by his Fathers Authority, and by the Parlement of Scotland since, and that shortly they expect their King with them.

(26) The Act for relief of Creditors and touch∣ing prisoners recommitted.

A proposal by Sir Paul Pindar, and the rest of the old Commissioners for the Customes to ad∣vance 100000 for the Parlement, if they might be secured a debt of 300000 owing to them by the late King, was laid aside.

A report for Papists who had not been in Armes, to be admitted to compound, was laid

Page 396

Captain Young spoyled a Ship in Helford sluce in Holland, being ready to set Sail for the P. And took a Frigot belonging to the P. with 70 Pri∣soners, and 10 pieces of Ordinance in her, and a Corn Ship.

Letters that Captain Peacock, upon discovery of 2 Corn Ships taken by one of the P's. Vessels, recovered both the Ships, and brought them to Harbour. And took one of the P's▪ men of War and another Ship taken with 11 Guns and Ammu∣nition.

Letters that the P. was at Bruxels, and at a stand what to do, because the Levellers in Eng∣land were reduced, that he was expected shortly to be in France.

Letters that a Frigot (of Sir John Greenivile, Governour of Scilly, with 2 Brasse Guns 24, Mus∣kets, and 24 Oares, made for Pyracy) coming near Swansy, the Governour of Cardiffe sent out Boats, pursued the frigot from Creek to Creek, and at length took her, and all her Men, except the Captain and some few with him, who got on shoar, and fled away.

(27) Letters from C. Jones of his March out of Dublin, and after some Skirmishes, his retreat, being so much overpowred, and desires re∣lief.

Other Letters of C. Jones his March, and that thereby he much streightened the Enemies Quar∣ters, and made a very honorable retreat, and in all demeaned himself with great Valour and Wis∣dom.

Order touching 350000 l. upon the Sale of Bishops Lands.

Order concerning Compositions and the Ac∣counts of Gold Smiths Hall.

(28) Upon a report of Mr. Salwey, further time given for compositions of Delinquents.

Adjutant General Sadler went to Chester to trans∣port 3 Regiments for Ireland.

Forces about Pontfract disbanded and many of them listed for Ireland.

Letters that Prince Charles was highly enter∣tained at Antwerp at the cost of the Burghers.

(29) The Petition of the Earl of Denbigh for Arreares referred to a new Committee.

An Act brought in by the Councel of State, for repealing the Statutes, 23. El. and 35. El. A∣gainst Pretended Sectaries, and the Statute. 1. Jac. Recommitted.

Order for Payment of the Sallaries to the Judges of the Admiralty.

Order to borrow 150000 l. for Ireland.

An Act past for discharge of the Commissioners of the Excise, upon their accounts.

Sir Henry Heyman and another re-admitted to sit in the House.

Upon the report of the L. Commissioner Whit∣lock, Baron Gates, by reason of his sickness, was excused from riding the Circuit, and Serjeant Green ordered to go Judge in his place.

Power given to the Commissioners of the Seal to grant Commissions of Sewers, and of Charita∣ble uses, as any L. Chr. L. Keeper, or Commssi∣oners of the Seal used to do.

Letters that the Enemie had besieged Dublin, that C. Hewson twice beat off their Parties with loss to them, and came off with flying Colours, that C. Jones sent to Chester for Corn.

That the Enemy was within one Mile of Dub∣lin, from whence a Party skirmished with them, and took one Captain Duncan Prisoner.

That London Derry was not in a very bad Con∣dition.

(30) The Lord Commissioner Lisle, be∣ing formerly by the House made Master of St. Cross Hospital, did now voluntarily surrender it to the House again, and they bestowed it upon the Sollicitor G. Mr. Cook, and ordered Aug∣mentations of Meanes to the Ministers and poor Brethren, as the Lord Commissioner Lisle had formerly given.

Debate upon the Act for sale of the Kings Houses, Parks, &c.

And Voted that St. James House, and Park, * 1.15 Theobalds Park, Windsor Castle, and Little Park, Greenwich House, Castle, and Park, should be reser∣ved from Sale for the use of the State.

And referred to the Councel of State, to consider what other Houses should be reserved from Sale.

The New Park near Richmond was given to the City of London, as a Testimony of the Favour of the House to them.

Order for saving the Timber in the Parks, &c. for the use of the Navy.

Letters from Cheshire, that Ormond had besieg∣ed Dublin with 14000 Men, and doubted not but to carry it in a short time, and that divers Mini∣sters in Cheshire, did pray publickly, for restoring Charles the Second to his Fathers Crowns and Ho∣nours.

Notes

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