DIE Lunæ, 1 die Februarii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
E. of Bath's Petition, about his Sequestration.
Upon reading the Petition of the Earl of Bathon,
and a Report from the Committee of Lords and Commons for Sequestrations: (Here enter them.)
And upon Debate;
This Question was put, "Whether, upon the Petition of the Earl of Bathon, he shall have a
Copy of his Charge against him, by which
he is sequestered; and shall have Liberty to
answer before the Committee of Lords and
Commons for Sequestrations?"
It was Resolved in the Affirmative.
Committee for Compositions at Goldsmiths Hall.
The Question being put, "Whether to desire a
present Conference with the House of Commons, concerning the Business at Gouldsmithes
Hall, before this House falls upon any other
Resolution to declare to the Kingdom ?"
And it was Resolved in the Negative.
Message to the H. C. with the Answer to the Church of Scotland; and for Sir J. Barry to be a P. C. in Ireland.
A Message was sent to the House [ (fn. *) of Commons,]
by Doctor Aylett and Doctor Heath:
To deliver to them the Vote for nominating Sir
James Barry to be One of the Privy Counsellors for the
Kingdom of Ireland; and an Answer to be sent to the
Paper of the Commissioners of the Church of Scotland,
of the 25 Dec. last; to which their Concurrence is desired.
Ordinance to prevent the Discharge of Sequestrations without Consent of the Lords.
An Ordinance was presented to this House, for preventing the discharging of the Sequestrations of Delinquents without the Consent of this House; which was
read, and Agreed to upon the Question.
Ordered, That this Ordinance shall be printed and
published, and conveyed by the Under-sheriffs of the
several Counties, to be there published by the Committees. (Here enter it.)
Nelson and Porter to be attached, for arresting Col. Thompson.
"Upon the Oath of Michaell Baker Junior, "That
he hath been divers Times to summon Porter
and Nelson, Serjeants at Mace, to appear upon
Sight thereof, to answer their arresting of Colonel
Thompson, who hath the Protection of this House;
and that he left Copies of the Order of this House
at their Dwellings; but they have not appeared accordingly:"
It is thereupon Ordered, That the Gentleman
Usher, or his Deputy, shall attach the Bodies of the
said Porter and Nelson, and bring them before the
Lords in Parliament, to answer their Contempt to this
Sir F. Willoughby's Petition.
Upon reading the Petition of Sir Francis Willoughby,
of Ireland: It is Ordered, To be sent to the House
of Commons, with Recommendations, that some Course
may be taken for his Relief.
Ordinance concerning Chester.
The Earl of Kent reported from the Committee,
the Ordinance concerning the County of Chester; which
the Committee thinks fit to be passed, with some Alterations.
Ordered, To be read To-morrow Morning, the
Petition from the City.
Ordered, To take into Consideration on Wednesday
next the City's last Petition.
Sir L. Watson and Sir J. Corbett.
Ordered, That the Committee concerning Sir Lewis
Watson's Business shall meet To-morrow Morning, to
examine and to state the Business, and to report: To
adjourn from Time to Time.
E of Pemb. and Lv. Wilde, about Stepney and Hackney.
The Petition of the Officers of the Earl of Pembrooke, touching Stepney and Hackney, was read.
Ordered, That the Earl of Pembrook, being in the
special Service of the Parliament, and a peer of this
Realm, shall have the Privilege of Parliament; and
that all Stay of Proceedings and Extents whatsoever,
wherein the said Earl is concerned, shall stay and be
suspended, until the said Earl be heard in this House;
any Proceeding by the Lady Wilde or others notwithstanding.
Declaration to prevent the discharging of Delinquents of their Sequestrations without the Consent of this House.
"Whereas divers Delinquents have formerly and still
do address themselves unto some Persons sitting at
Gouldsmiths Hall, and they have and do daily enter
into Agreements for the taking off such Sequestrations as are duly laid upon them by Ordinance of Parliament: The Lords in Parliament do Declare, That
all such Compositions made by those Persons sitting
at Gouldsmiths Hall with such as are under Delinquency, are not authorized by any Ordinance of Parliament; and that the Committees for Sequestrations
within the several Counties of England and Dominion
of Wales ought not to obey any Order from the Persons sitting at Gouldsmiths Hall, for the taking off or
suspending any Sequestrations, upon the Pretence of
the Delinquents having made his Composition with
them, until such Time as a Committee or Commissioners to that Purpose be settled by Ordinance of
Parliament, and the Composition made with such
Committee or Commissioners be likewise ratified by
Ordinance of Parliament.
"Ordered, &c. That this Declaration shall be
printed and published; and that the Sheriffs, or
their Under-sheriffs, shall take Care to carry down
the said Declaration; and that they deliver it unto
the several Committees for Sequestrations within the
Counties of the Kingdom of England and Dominion
of Wales, who are to take Notice of the said Declaration accordingly."
Walter & Ux.
Upon reading this Day the Report of Mr. Justice
Reeves and Mr. Baron Atkins; shewing, "That, upon
Proof produced by both Sides, it appeared that,
since the Order of this House of the 28th of November last, Mr. Chappell, by the Direction of Mr. Walter,
given him since the said 28th of November, hath received of the Farmers of the Lands which descended
to Mr. Walter from his Grandmother (which was no
Part of the Dower of Mr. Chappell's Wife) the Sum
of Seventeen Pounds, of which Mrs. Walter the Wise
of William Walter was in Possession, by the Sequestration, to one Mr. Hayward, for her Use, upon the
said 28th Day of November;" by which Report is
appearing to this House, that the said William Walter
had done contrary to the express Orders of this House,
and his own Promise in his Petitions:
It is therefore Ordered, by the Lords in Parliament assembled, That the said William Walter shall
forthwith pay to his Wise Elizabeth Walter the aforesaid Sum of Seventeen Pounds, mentioned in the Report; and that he shall give better Obedience and Conformity to the former Orders of this House, made in
the Cause between him and his said Wife, as he will
answer the contrary at his Peril.
E. of Bath's Petition, about his Sequestration.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of Henry Earl of Bath;
"That, in July last past, the Standing Committee
for the County of Devon made an Order for the Sequestration of the Petitioner's Estate in that County;
whereupon the Petitioner, having, as he conceived,
just Cause to appeal, did, according to the Liberty
given to him by the Ordinance of Parliament, petition to the Committee of Lords and Commons for
Sequestrations; who thereupon made an Order,
That the said Committee of Devon should, within
Ten Days after Sight thereof, certify the Charge
against the Petitioner, with the Proofs thereof;
which being not done, a Second Order was granted,
for the sending up the said Charge and Proofs, which
after some Time was sent accordingly: Whereupon
the Petitioner became a Suitor to the Committee of
Sequestration, That he might receive the Heads of
his Charge, whereby he might be enabled to make
his Defence, and examine Witnesses, if there were
Occasion, in Pursuance of his said Appeal: Upon
which Petition, the Committee was pleased to order,
That the Charge should be delivered to Mr. Bradshawe; and that, if he did not shew Cause to the
contrary, the Petitioner should have the Heads of
his Charge; which Order is not pursued: But the
4th of December last, the Committee of Lords and
Commons made an Order, That, in regard the said
Committee hath received some Informations concerning the Petitioner's Carriage and Actions in these
unhappy Times of Distraction, his Case should be reported to both Houses, to know their Pleasure, before any Order taken by that Committee for any
further Examination in the said Cause, as by the
said Order hereunto annexed may appear; which
stays the Petitioner's Proceedings upon his said Appeal.
Now, that the Petitioner conceiveth the said Reports and Informations to be partly untrue, or
such as will not draw him within the Ordinance of
Sequestration, as he hopes and believes; and for that
the Liberty of Appeal is allowed by the Ordinance
of Sequestration, and not denied to any that this Petitioner heard of;
The Petitioner humbly desireth, that this Honourable House will deliver their Opinion and
Direction, whether (notwithstanding any such
uncertain Reports and Informations) the Petitioner shall proceed in his Appeal, and have
the Cause of his Sequestration examined.
And he shall pray.
Report from the Committee for Sequestrations about it.
"Die Veneris, 4 Decembris, 1646.
At the Committee of Lords and Commons for
In the Case of the Earl of Bath, upon Motion of
this Committee, That he may have the Heads of his
Charge, touching the Charge of his Sequestration,
to examine his Witnesses upon; it is thought fit, and
Ordered, That, for as much as the said Earl was a
Prisoner in The Tower, and did fit at the pretended
Parliament at Oxford, and was made Lord Privy Seal
there by the King (as this Committee is credibly informed, and is publicly taken Notice of), and was
also in the Commission of Array in the County of
Devon; that therefore it be reported to both Houses,
to know their Pleasure, before any Order taken by
this Committee for any further Examination in the
Intr. R. Vaughan.
Watson to be instituted to Wing.
Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon
Sight of this Order, to give Institution and Induction
unto Mr. Job Watson Clerk, to the Rectory of Winge, in
the County of Rutland, void by the Death of the last
Incumbent, salvo Jure cujuscunque; the said Mr. Watson
taking the National League and Covenant, and producing the Presentation thereunto under the Great Seal
Williamson and Lynnen, in Error.
Ordered, That the Cause upon a Writ of Error
depending in this House, between William Williamson
Host Plaintiff, and Mathias Lynnen Defendant, shall be
argued, at this Bar, on the Fifth Day of this Instant
February, at Ten of the Clock in the Morning; and
hereof both Parties are to have Notice, and attend by
their Counsel accordingly.
Adjourn, 10 To-morrow.