House of Lords Journal Volume 10: 20 May 1648

Die Sabbati, 20 Maii.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Flay to be instituted to St. Mary's, near Winton.

Ordered, That Doctor Aylett give Institution and Induction to Walter Flay, to the Church of St. Marye's Colledge, near Winton; being presented thereunto by the Warden and Fellows of the College of Winton: And this to be with a salvo Jure cujuscunque.

Dr. Rowe's Pet. about his Sequestration.

Upon reading the Petition of Doctor Cheney Rowe; complaining, "That he hath been sequestered, being not sequestrable:"

It is Ordered, That the Business be referred to the Committee of Lords and Commons for Sequestrations.

The City will stand by the Parliament.

The Earl of Manchester reported, "That the Committee of Lords and Commons were Yesterday with the Common Council of London; and acquainted them with the Heads they had in Charge from the Parliament, which they received with very great Acknowledgement of the Favour of the Houses: And they unanimously declared, that they would live and die with the Parliament, according to the Covenant."

Halton quieted in the Living of Action.

Upon reading the Petition of James Halton; complaining, "That, upon the Presentation of Thomas Earl of Arundell deceased, he was by this House instituted and inducted into the Church of Ayketon, in Com. Cumber.; but the Possession was forcibly gained and detained from him, by one Mr. Sharpeles, who pretended Right thereto by another Interest:"

It is Ordered, That the Petitioner shall be quieted in the said Living, until he be evicted by due Course of Law.

Eltonhead and Cockayne.

Upon reading the Petition of William Cockayne:

It is Ordered, That Mr. Eltonhead shall have a Copy of this Petition; and both Sides to be heard, by Counsel, on Tuesday come Sevennight.

Ash versus Trigg.

Ordered, That the Errors between Ash and Trigg shall be heard, at this Bar, by Counsel, on Wednesday come Sevennight.

Batailey's Nat.

Upon reading the Petition of Joseph Batailey, Merchant:

It is Ordered, That an Ordinance be brought in, for his Naturalization.

E. of Shrewsbury versus Baltimore.

Upon reading the Answer of the Lord Baltimore to the Petition of the Earl of Shrewsbury:

It is Ordered, That it is referred to the Common Law, to try the Validity or Not-validity of the Deed in Question; and the Matter of Equity is reserved to this House; and this House thinks it fit and reasonable, that in regard that the Court of Wards is put down, that the Depositions taken in that Court of such Witnesses as are now dead be made Use of at the Trial.

Munster Officers Pet.

Ordered, That the Petition of some Munster Officers be specially recommended to the House of Commons.

Col. Tyndall's, for Arrears.

Ordered, That Lieutenant Colonel Tyndall, being arrested, shall be released, in regard the State owes him many Arrears for his Service; and that the said Lieutenant Colonel shall assign to his Creditors Satisfaction for their Debts, out of his Arrears, to be paid as he receives any Monies.

Edgbrooke & al. versus Trenchard & al.

Ordered, That Mr. Henry Trenchard shall pay the One Hundred Pounds to Edgbrooke and others, ordered by this House, for Costs and Charges, to be paid them by Sir Samuell Luke and Mr. John Trenchard; and if there be Default thereof, upon Affidavit made, this House will give further Directions.

Major Frazer; a Pass.

Ordered, That Major Frazer shall have a Pass, to go into Scotland.

Packer and Nuby, D°.

Ordered, That Mr. John Packer and Mr. Sam. Nuby shall have a Pass, to go into Holland; and Liberty to carry with them Twenty Pounds in Ready Money.

Ordinance for a Collection for Wrexham.

An Ordinance was read, for granting a Collection to the Town of Wrexham, in the County of Denbigh, for their great Loss, to the Value of Four Thousand Pounds, by Fire; and, being agreed to, ordered to be sent to the House of Commons for their Concurrence.

Message from the H. C. with Instructions to be sent into Surry.

A Message was brought from the House of Commons, by Sir Richard Onslowe; who brought up Instructions, to be given to divers Lords and Gentlemen who are to be sent into the County of Surrey.

Agreed to, with an Alteration in the First Instruction; and sent, by Message, to the House of Commons, by Mr. Hakewill and Mr. Page.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Message from the H. C. to fit a while.

A Message was brought from the House of Commons, by Sir Thomas Dacres:

To desire their Lordships would please to fit a while.

Agreed to.

The Answer returned:

Answer.

That this House will sit a little while.

Message from the H. C. with the following Declaration.

A Message was brought from the House of Commons, by Mr. John Stephens, &c.; who brought up a Declaration for preventing tumultuous Assemblies together, under Pretence of presenting Petitions to the Parliament, wherein their Lordships Concurrence is desired.

Read, and Agreed to; and to be printed, and published by the several Sheriffs in the respective Counties, who are to take Notice of it, and publish it.

Declaration against tumultuous Assemblies, under Pretence of preparing Petitions.

"The Lords and Commons in this present Parliament assembled do declare, That it is the Right and Privilege of the Subjects of England, to present unto the Parliament their just Grievances, by Way of Petition, in a due Manner; and they shall be always ready to receive such Petitions, and to provide such Remedies, for Redress of such Grievances, as they in their Wisdom and Judgement shall think best: So, in regard that, by the tumultuous Assemblies of Persons in several Counties and Cities of this Kingdom, in the framing of such Petitions, divers Plots and Designs are carried on by Malignants and Delinquents, and Persons ill-affected to the endangering the Destruction of Religion, this present Parliament, and the Laws of this Kingdom and Liberties of the Subject, and, by the like Tumults (fn. 1) in presenting of the same by great Numbers of riotous and ill-affected Persons, contrary to former Usages in ancient Times, many Mischiefs have ensued and Blood shed, and both Houses of Parliament hindered and interrupted in their Debates and Resolutions concerning the Settlement of the great Affairs, Peace, and Safety of the Kingdom: The said Lords and Commons do hereby also declare and ordain, and be it Ordered and Ordained by Authority of this present Parliament, That every such Petition, which hereafter shall be brought up and presented to the Houses of Parliament, from any County or City, or otherwise, shall be brought up and presented only by a convenient Number, not exceeding the Number of Twenty Persons; and all such Petitions shall be by them delivered to the Knights, Citizens, or Burgesses, who serve in Parliament for the said County, City, or Borough, from whence the said Petition comes, or to some Member of either of the said Houses, by them to be offered to the said respective Houses; and that all Persons who shall bring up any such Petition do behave themselves peaceably, orderly, and without Offence; and if any Person or Persons shall hereafter, under any such or the like Pretence, tumultuously assemble as aforesaid, the said Person or Persons so offending shall be adjudged as Persons ill-affected to the Parliament and Kingdom."