DIE Sabbati, 18 die Martii.
Domini tam Spirituales quam Temporales præsentes
|Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Vicecomes de Stafford.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Howard de Esc.
Small Feefarm Rents Bill.
vice lecta est Billa, "An Act for vesting certain small Rents in Trustees."
Intestates Estates Bill.
vice lecta est Billa, "An Act for the better
settling of Intestates Estates.'
Seamen, and Navy Stores Bill:
vice lecta est Billa, "An Act to revive an Act
to prevent the Disturbances of Seamen and others,
and to preserve the Stores belonging to His Majesty's
Navy Royal;" with some Amendments and Additions.
The Question being put, "Whether this Bill shall
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Sir Mundiford Bramston and Sir Nathaniell Hobart:
To deliver to them the Bill to prevent the Disturbances of Seamen, &c. and to desire their Concurrence
Bill against stealing Children, &c.
The Earl of Sandwich reported, "That the Committee have considered the Bill to prevent stealing
and transporting Children and others, and have made
some Amendments therein."
Which being read Twice, and the Blanks being filled
up with Penalties, were Agreed to.
vice lecta est Billa, "An Act to prevent
stealing and transporting Children and others."
The Question being put, "Whether this Bill,
with the Amendments and Additions now
read, shall pass?"
It was Resolved in the Affirmative.
Committees to meet.
The Committee for the Bill to ascertain the Measures of Corn and Salt are ordered to meet this Afternoon; and the Lord Viscount Hallyfax is added to that
The Committee for regulating the Proceedings at
Law upon Bills of Midd. &c. are ordered to meet on
Monday next, in the Afternoon.
Ly. Read's Case referred from the King and Council.
The Lord Keeper acquainted the House, "That His
Majesty, having received a Petition from Alisimon
Reade, Wife of Sir John Reade Baronet, doth recommend the Consideration thereof to this House, as
"At the Court at Whitehall, the 8th of February, 1670.
"By the King's Most Excellent Majesty, and the
Right Honourable the Lords of His Majesty's
"His Majesty having heard and considered the Petition of Dame Alissimon Reade, complaining of several
Grievances and Hardships received from her Husband, and that she cannot obtain the Benefit of the
Law against him, and finding so great Difficulties in
the Matter, that His Majesty cannot resolve on any
Way to relieve the Petitioner according to the Merits
of her Case, was graciously pleased in Council to
order, That the Right Honourable the Lord Arlington, His Majesty's Principal Secretary of State, do
prepare a Letter for His Majesty's Royal Signature,
directing the Right Honourable the Lord Keeper of
the Great Seal of England, in His Majesty's Name, to
recommend to the House of Lords the Petition of the
said Lady Reade, that their Lordships may, upon Consideration thereof, take such Order therein, that the
Sadness of her Condition may not increase by Defect
of Justice, or for Want of a proper Remedy."
Upon this, the House was presented with the Petition
Ly. Read's Petition versus Sir J. Read her Husband:
"To the Right Honourable the Lords Spiritual
and Temporal in Parliament assembled.
"The humble Petition and Appeal of Alissimon
Read, now the Wife of Sir John Reade,
of Brockett Hall, in the County of Hartford, Baronet, and formerly the Widow
and Relict of the Honourable Francis Pierpoint Esquire;
"That your Petitioner was married to the said Sir
John Reade in the Year Sixty-two, and brought him
an Estate to the Value of Eight Thousand Pounds:
That, after the said Sir John Read had possessed himself thereof, he exercised such Cruelty towards your
Petitioner, that she was sain to leave his House for
Preservation of her Life; and did afterwards endeavour, by Mediation of Friends, to persuade the said
Sir John Read to allow her some reasonable Maintenance; but he refusing to hearken to any Advice
or Persuasion of that Kind, your Petitioner was forced
to have Recourse to His Majesty's Ecclesiastical
Courts, to obtain the same by Law; and did proceed so far in Course of Law, that your Petitioner
obtained a Sentence for Alimony (pendente Lite), and
hoped to have had a full Relief upon the final Determination of the said Cause: But the said Sir John
Read, perceiving that your Petitioner had by Proofs
made good her Allegations, and could not in Justice
fail of having Sentence for her, declined his Cause,
by refusing to obey the Orders of the Court, and
stands excommunicated for his Obstinacy therein, and
absconds himself, and removes into several Counties,
so that your Petitioner hath no Means to recover the
said Alimony decreed her by the Court of Delegates,
or the Arrears thereof, to the Value of Eight Hundred Pounds. And your Petitioner further shews,
That the King's Most Excellent Majesty hath been
graciously pleased to call the said Sir John Read before His Majesty and most Honourable Privy Council, and to propound to him, on your Petitioner's
Behalf, to do that which in Justice, Honour, and
Christianity, he was obliged to; but the said Sir John
Read refused to yield to any Thing, whereby your
Petitioner is become oppressed by her Wants, and
distressed above Measure.
"Now, forasmuch as your Petitioner hath gone
through all the ordinary Course of Law in
His Majesty's Ecclesiastical Courts, and cannot
have Relief thereby, because the Jurisdiction
of those Courts cannot reach the Estate or
Lands of the said Sir John Read, and your
Petitioner must of Necessity starve, if some
speedy Remedy may not be obtained by your
Lordships Order, who are the supreme Judicature of this Kingdom; your Petitioner
therefore most humbly prays your Lordships
would be pleased to consider her most sad
Condition, and to order that your Petitioner
may have reasonable Allowance out of the
said Sir John Read's Estate for her Maintenance (and her Arrears, for the present
enabling of her to pay such Debts which she
has necessarily contracted for her Subsistence),
either by virtue of His Majesty's Writ according to ancient Precedent, or by your Lordships Order to the Sheriff; or to give such
other Relief as to your Lordships great Wisdoms shall seem meet and just."
Upon Consideration hereof, their Lordships made this
"Upon reading the humble Petition of Dame Allissimon Read, now the Wife of Sir John Read, of
Brockett Hall, in the County of Hartford, Baronet,
and formerly the Widow and Relict of the Honourable
Francis Pierpoint Esquire, complaining of the cruel
Usage she hath endured from the said Sir John Read;
and praying, that she may have a Writ de Estoverio
habendo for her Relief: It is ORDERED, by the Lords
Spiritual and Temporal in Parliament assembled, That
Sir John Read be, and is hereby, required to appear at
the Bar of this House, on Monday the Twenty-seventh
Day of March Instant, to shew Cause why an Order of
this House should not be directed to the Lord Keeper
of the Great Seal, directing and ordering him to issue the said Writ de Estoverio habendo, for the said
Dame Alissimon Read's Relief, according to the Prayer
of her Petition: And it is further ORDERED, That
a Copy of the said Petition, together with this Order, left either at Brockett Hall aforesaid, or at the
said Sir John Read's House at Dunstew in Oxfordshire, shall be a sufficient Notice, in order to the
said Sir John Read's appearing at this Bar at the Time
Report concerning Sequestrations in Chancery.
The Earl of Berks reported, "That the Committee
for Privileges, in Pursuance of the Order of this
House, to consider of the Proceedings in the Court of
Chancery upon Sequestrations of Estates, and what
Law there is to warrant such Proceedings, have received some Precedents of that Practice in the Court
of Chancery since the 32th Year of Queen Elizabeth,
from the Registers of that Court.
"That their Lordships have heard the Judges upon
the said Precedents, and have received their Opinion
thereupon; which is as follows:
"The Opinion of the Judges aftermentioned, videlicet, the Lord Chief Justice of the Common Pleas, Justice Tirrell, Baron Turner, Justice Archer, Justice Raynsford, Justice Moreton, Justice Wyld, Baron Littleton, Baron
Wyndham, in Observance of the Order of their
Lordships, delivered in Writing by the said
Chief Justice, with Consent of the said other
"They know no positive Law, by Statute or otherwise, nor any Judgement by any Court of Law, which
doth warrant the proceeding by Sequestration of Real
or Personal Estates, for disobeying Decrees made in
Chancery upon Process of Subpæna; and they find,
by the Opinion of some Judges in several Times in
the ancient Law Reports, That there was no other
Remedy for disobeying such Decrees, but Imprisonment of the Persons disobeying for the Contempt:
But they find no full Resolution by any Court of
Law of that Point. They conceive the Court of
Chancery, and Proceedings therein upon Equitable
Matters, to be very ancient; and that it belongs not
to the Judges in the King's Courts of Law, to determine whether any Decrees made in Chancery in Matters of Equity, or the proceeding in Equity in Execution of such Decrees, be unjust, unless such Decrees and Proceedings be contrary to the Statutes or
Common Law. They know not, nor have Time to
examine, what Precedents may be found concerning
all the ancient Course and Custom of proceeding in
the Chancery in Matters of Equity; but are of Opinion, That the Precedents since 32th of Elizabeth,
delivered to them by their Lordships to consider of,
be of so late Times, that, without other Authority,
they alone are not sufficient to prove a Custom of sequestering Real or Personal Estates for disobeying the
Decrees of that Court."
ORDERED, That this House will take this Business
into Debate on Tuesday Morning next.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 20um
diem instantis Martii, hora decima Aurora, Dominis sic