House of Lords Journal Volume 7: 5 August 1645

DIE Martis, 5 die Augusti.

PRAYERS, by Mr. Warde.

Ds. Grey de Warke.

Ordinance for 9400 l. to reduced Officers.

Ordered, That the Ordinance for paying Nine Thousand Four Hundred Pounds to the Officers, which was brought up, and passed this House the Second of this Instant August, shall bear Date as the 26th of June last; it being but for one and the self-same Thing, being but a Mistake of the Christian Name of Francis Vernon.

Committee for Derby.

Ordered, That Francis Leeke Esquire be added to the Committees for the County of Derby; and the Concurrence of the House of Commons to be desired herein.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they will send an Answer, by Messengers of their own, concerning the Countess of South'ton's going from Oxford to Titchfield, in the County of South'ton.

Message from thence, to expedite the Articles for the Northern Association; and for a Conference about the Election of Elders.

A Message was brought from the House of Commons, by Mr. Rigby:

To desire Expedition in the Articles concerning the Northern Association.

2. To desire a Conference, concerning the Alterations sent down to them in the Ordinance concerning the Election of Elders.

Ordered, To give a present Conference, in the Painted Chamber.

and with Ordinances.

3. To desire Concurrence in an Ordinance for a Monthly Assessment upon the County of Lyncolne.

Agreed to, with a small Alteration.

4. To desire Concurrence in an Ordinance for issuing out Four Thousand Pounds, out of the Excise, for the Garrison of Portsemouth, &c. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance concerning Portsmouth; and their Lordships will give a present Conference, in the Painted Chamber, as is desired: To all the rest of the Particulars, their Lordships will send an Answer by Messengers of their own.

Ordinance for appointing Commissioners of the Navy.

Ordered, That the Earls of Warwicke, Manchester, Bollingbrooke, and the Lord Brooke, or any Two of them, are appointed to consider of the Ordinance concerning the Commissioners of the Navy, and report the same Tomorrow Morning.

Articles for the Northern Association.

The Articles for the Northern Association was read, and Agreed to. (Here enter them.)

Message to the H. C. that the Lords have passed them, and the Ordinance for Lincolnshire; and with a Committee's Name for Derby.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To let them know, that this House hath passed the Articles for the Northern Association.

2. To desire their Concurrence, that Francis Leeke be added to the Committees for the County of Derby.

3. That this House hath passed the Ordinance for the County of Lyncolne, with an Alteration, wherein their Concurrence is desired.

Passage in Britannicus, reflecting on the King.

This Day Rob't White was brought to the Bar, and charged for printing of this Week's Brittanicus, which had a Passage scandalous to the King's Person.

He confessed he did print it, and had Directions from Captain Awdley, who, he conceives, hath Authority from Mr. Rushworth.

White the Printer committed, and Capt. Awdley to be attached.

But because he printed the same without Directions of the Parliament, it is Ordered, That the said White shall, for the same, be committed to the Prison of The Fleete, during the Pleasure of this House: And it is also further Ordered, That Captain Awdley shall be attached, and brought before this House To-morrow Morning.

Message from the H. C. with Orders;

A Message was brought from the House of Commons, by Sir Rob't Pye, &c.

To desire their Lordships Concurrence in Two Orders:

1. Concerning presling of One Thousand Soldiers, for (fn. 1) the reducing of Oxford. (Here enter it.)

Agreed to.

2. An Order for the Mayor of Pembrooke to be added to the Committee of Pembrookeshire.

(Here enter it.)

Agreed to.

that they will adjourn from Wednesday to Friday;

3. To let their Lordships know, that the House of Commons intend to adjourn from Wednesday next, to Friday Noon.

and to fix a Day for hearing their Complaint against the E. of Stamford & al.

(fn. 3) 4. To let their Lordships know, that the Witnesses concerning the Impeachment of the Earl of Stamford are now come to Town; and the House of Commons desire their Lordships would appoint a Day (fn. 2) for the Trial.

The Answer returned was:

Answer.

That this House hath passed the Two Ordinances now brought up; and concerning the Earl of Stamford's Business, their Lordships will send an Answer by Messengers of their own.

The Lord Viscount Say & Seale reported a Paper from the Committee of both Kingdoms; which was read, as follows:

Ordinances concerning Ely, Lynn, &c. to be expedited.

"Die Lunæ, 4 Augusti, 1645.

"At the Committee of both Kingdoms, at DerbyHouse.

"Ordered, That it be reported to both Houses, That the Ordinances that are depending, concerning the Isle of Ely, and for the Garrisons of Lynn, Cambridge, and Boston, may be expedited, for that the Soldiers are in great Necessity, for Want of an Establishment for Maintenance for them."

Mrs. Rogers Petition, for an Allowance from St. Buttolph's, sequestered from her Husband.

Upon reading the Petition of Anne the Wife of Nehemiah Rogers, late Minister of Botolph Bishopsgate; desiring "she may have the Fifth Part of her Husband's Estate allowed her, out of the Estate sequestered: It is Ordered, To be referred to the Committee of Lords and Commons for Sequestrations.

University of Cambridge to enjoy their Privileges, and the Mayor to take the usual Oaths.

Upon reading of the Petition of the Heads of Colleges in the University of Cambridge: (Here enter the Petition.) It is Ordered, by the Lords in Parliament assembled, That the said University of Cambridge shall continue in the Possession of their Liberties and Privileges they formerly used and enjoyed, by former Grants and Charters, before these Troubles; and that the Committee of the Association sitting at Cambridge be desired to take Care, that the said University may, in Pursuance of this Order, be kept in Possession of their Privileges, until the Right be determined by the Houses of Parliament; and that the said Committee of the Association do tender the Oath usually taken by all former Mayors to the present Mayor of Cambridge; and, in case he shall refuse to take the said Oath, to certify unto this House upon what Grounds he doth refuse it.

Col. Pudsey's Petition.

Upon reading the Petition of Cornet Edw. Pudsey: It is Ordered, it be recommended to the House of Commons.

Ordinance for Ely, &c.

The Ordinance for the Isle of Ely, and the Garrison of Crowland, was read, and Agreed to with Alterations.

Message to the H. C. with it.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

To let them know, that this House agrees to the Ordinance for the Isle of Ely, with those Alterations and Amendments, wherein their Concurrence is desired.

Order for 1000 l. for the Garrison of Portsmouth.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise or new Impost, shall and may reimburse themselves, and that their Executors, Administrators, or Assigns, shall be reimbursed, of the Sum of One Thousand Pounds, by them advanced and lent, for the present Supplies of the Garrisons of Portsmouth and Southsea Castle, being Part of Five Thousand Pounds, charged upon the Receipts of the Excise, in Course, by Ordinance of the 24th of June last past, towards the Payment of Two Hundred Pounds a Week, settled for the Maintenance of the Garrison, together with Interest for the said One Thousand Pounds, after the Rate of Eight per Cent. out of the Receipts of the Excise, upon the Ordinance of the 11th of September, 1643, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Assignments already made shall not fall due, or, in Default thereof, then in such Order and Course as the said Ordinance of the 24th of June shall succeed; for which Reimbursement of Principal and Interest, this Ordinance shall be a sufficient Warrant and Discharge unto the said Commissioners of Excise, or their Assigns: And it is further Ordained, That the said One Thousand Pounds, so advanced, shall be paid unto Colonel Richard Norton, whose Receipt shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, in that Behalf."

Articles for the Committees of the Northern Association to subscribe.

"Ordered, by the Lords and Commons, That these following Articles be subscribed by the several Persons of the Committee in the Ordinance for the Northern Association, before any of them shall act or execute any Thing as One of the said Committees:

"That we are willing to take the National Covenant, and the several Oaths and Protestations agreed upon by the Parliament.

"2. That we have not raised Arms against the Parliament.

"3. That we have not voluntarily sent in, given, or lent, any Money, Horse, Plate, or Arms, to any of the King's Party, against the Parliament.

"4. That we did never sit for Execution of any Commission of Array, nor did ever voluntarily submit to any Commission of Array.

"5. That we never gave our Consents to be named of any Committee, nor did ever act in any Committee, for the King's Party, against the Parliament.

"6. That we have not given any Aid, Advice, Countenance, or Encouragement, to any other Person whatsoever, who hath taken up Arms for the King against the Parliament, to do the same.

"7. That we have not taken any Oath, or entered into any Act of Association, with any other of the King's Party, against the Parliament.

"8. That we have not imposed any Assessment, or caused any Assessment to be levied, nor willingly paid any Assessment, for maintaining the War against the Parliament.

"9. That we have not made any fraudulent Conveyance of any Part of our Estate or Goods, to avoid the Payment of Taxes and Assessments to the Parliament."

Poyer, added to the Pembroke Committee.

"Ordered, by the Lords and Commons in Parliament assembled, That Mr. John Poyer, Mayor of Pembrooke, be added to all the Committees of Pembrookeshire, to all Intents and Purposes."

Ordinance to raise 1000 Men for General Brown, for reducing Oxford.

"Be it Ordained, by the Lords and Commons in Parliament, That the Committee of the Militia for the City of London, and their Sub-committees, and the Committee for the County of Midd. shall be, and are hereby, authorized, within their respective Liberties, to press the Number of One Thousand Soldiers, to be employed, under the Command of Serjeant Major General Browne, for the reducing of Oxford, with such Limitations and Restraints touching the Persons as are to be pressed as in former Ordinances: And be it further Ordained, That the several Committees of the Counties of Bucks, Berks, and Oxon, shall have Power, and are hereby authorized, to press, within each of the Counties, One Thousand Soldiers, for the Purpose aforesaid, with such Limitations and Restraints touching the Persons that are to be pressed, as in former Ordinances for pressing of Soldiers hath been appointed: And lastly, be it Ordained and Declared, That it shall and may be lawful to and for any Person or Persons, to be thereunto appointed by the said Serjeant Major General Browne, or the Committees and Subcommittees aforesaid respectively, within their several Liberties and Counties respectively, to beat up Drums, for voluntary Soldiers, to the several Numbers."

Petition of the Heads of Houses at Cambridge, to preserve their Privileges for the Government of the University, &c.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of the Heads of the Colleges in the University of Cambridge, whose Names are underwritten, in the Behalf of themselves and the whole University;

"Shewing,

"That, by several Charters of His Majesty's Predecessors, the said University hath been endowed with divers large Liberties, Jurisdictions, and Immunities, as well for the Support and Regulation of the Government thereof, as for Encouragement and Maintenance of Learning.

"That accordingly the said Liberties have been constantly used and enjoyed, by your Petitioners and their Predecessors, and oftentimes ratified and confirmed in several Parliaments; and lastly, by an Act of Parliament held in the Thirteenth Year of the Reign of the late Queen Elizabeth of Blessed Memory, it is Enacted, That all Letters Patents, by Her Highness' Progenitors granted to the said University, should be good and valuable in Law, to all Intents, Constructions, and Purposes, after the Form of the Words and true Meaning of the said Letters Patents, as if the said Letters Patents were recited verbatim in that Act of Parliament, any Thing to the contrary notwithstanding: Yet nevertheless now so it is, that of late Time the present Mayor and Bailiffs, and some of the Burgesses of the Town of Cambridge, taking Advantage of the present Distractions, have encroached upon the Liberties of the said University, and endeavoured to infringe the same, contrary to the said several Charters and Acts of Parliament, and contrary to the Trust of their respective Offices: A short View of some Particulars thereof they humbly present, as followeth:

"1. Whereas, by several Charters of the said University, granted and confirmed in Parliament, the Mayor and Bailiffs of the said Town are to be sworn to the Conservation of the Liberties of the said University, as far forth as concerns the Preservation of the Peace, the Assize of Bread, Beer, and Victuals, and not maliciously to impugn the Liberties of the University; and that, accordingly, upon taking their Oaths of Fealty, Warning should be given to the Chancellor, by the Commonalty of the said Town, concerning the Day and Place of taking the said Oath: Yet, upon the swearing of the now Mayor, there was no Notice given according to the said Charters; but contrarily he hath refused to take the said Oath; therein, as far forth as in him lies, endeavouring to dissolve that which the Wisdom of former Parliaments conceived a just and fitting Security for the Peace of the said University.

"2. Whereas, by ancient Usage, and Charters granted in Parliament in the Time of King Rich. the Second, the said Chancellor, Masters, and Scholars, only, ought to have the Survey of Weights and Measures, the Assize, Assay, and Government of Bread, Beer, and Victuals, within the said Town and Suburbs, and, by reason thereof, the Chancellor and Vice-chancellor have ever had and used, as well the Correction of Weights and Measures, as also the licensing and disallowing of Public Alehouses and Victualing-houses within the said Town and Suburbs; yet of late the Mayor and Bailiffs, and some of the Burgesses, have encroached upon the said Liberties, by refusing to obey the Vice-chancellor's Warrants concerning Weights and Measures, and setting up a new Standard of their own, and disallowing the Licenses granted by the Chancellor, and licensing others, whereby the Government of the said University is much impaired, and Abuses increased, the Persons and Places where Public Disorder is likeliest to happen being by this Means exempted from the Government of the University, and become dependent upon the Townsmen, who may probably improve the Abuses to their own Advantage.

"3. Whereas, by the Charters of the said University, granted long since, and confirmed in Parliament, the Chancellor of the said University hath an exclusive Jurisdiction, within the said Town and Suburbs, in Actions wherein a Master, or Scholar or Scholars, Servant, or common Minister, of the said University, or any of their Servants, is One of the Parties litigant; and, to prevent Incroachments in this Case, it hath been the constant Practice, settled by mutual Agreement of the Townsmen and University, that if any Person, being arrested, or vexed, before the Mayor, Bailiffs, or Burgesses, shall alledge himself to be a Scholar, Servant, or Minister, of the University, that the Person so vexed shall be sent to St. Marye's Church, upon reasonable Warning to the Vice-chancellor given, there to be examined, before the Vice-chancellor or Proctor, upon Oath, touching such Allegation; and, upon Oath made of the Truth of such Allegation, the Person to be discharged: Yet the present Mayor and Bailiffs refuse to allow such Examination, whereby divers Persons privileged are drawn in Suit before the Mayor and Bailiffs, to the great Interruption and Disturbance of the Liberties and Service of the said University.

"All which, amongst divers other Encroachments moving from those that have their chiefest Dependence upon the University, your Petitioners humbly offer to your honourable Consideration; and, in regard the Public Good of this Kingdom is so universally and necessarily concerned in the good Government of the said University, and in regard the Liberties of the said University are so necessarily (fn. 4) subservient to the Government thereof, and accordingly found by the Wisdom of all former Ages; and consequently the Asserting and Vindication thereof from Encroachments is of like Public Concernment;

"Your Petitioners, according to the Practice of their Predecessors in former Times in such Cases, do humbly make their Addresses to this High and Honourable Court; humbly praying, that, for avoiding of the Disturbances and Inconveniencies that may suddenly arise without some speedy Prevention, you would be pleased to Order, That the said Mayor and Bailiffs may forthwith take their Oath, as their Predecessors have done for well near Three Hundred Years; and that your Petitioners may be continued in the Possession of their Liberties, as formerly they enjoyed them.

"And the Petitioners shall humbly pray, &c.

"Anthony Tuckney.
Herbert Palmer.
John Arrowsmith.
Richard Vines.
Thomas Hill.
William Spurstowe."
"Laz. Seaman.

Adjourn.

House adjourned till 9^a cras.