DIE Martis, 4 die Januarii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Message from the H. C. with Votes, for no further Application to be made to the King.
A Message was brought from the House of Commons,
by Mr. Lilse, &c.; who brought up divers Votes passed
by the House of Commons, wherein they desired their
The Votes were read.
The Answer returned was:
That this House will take this Message into Consideration, and will send an Answer by Messengers of
Ordered, That these Votes shall be taken into Consideration on Saturday next, at which Time all Lords
absent are to have Notice to attend the House.
Answer from the H. C.
Doctor Aylett and Mr. Eltonbeade return with this Answer from the House of Commons:
That they have appointed a Time to take into Consideration the Business concerning Colonel Raynsborough's
not going to Sea; and they will send an Answer thereunto by Messengers of their own.
L. Mohun and Sir H. Carew.
The Report of Sir Edward Leech, concerning the
Business referred to him and Mr. Hakewill, between
the Lord Mohun and Sir Henry Cary, was read.
(Here enter it.)
And likewise the Petition of the Lord Mohun, and the
Petition of Sir Henry Cary, was read.
It is Ordered, That Sir Edward Leech and Mr.
Hakewill shall make further Report, concerning the
Matter of Fact of the Contempt, this Day Fortnight;
and that an Order do issue out, that no Timber be cut,
nor other Profits taken, of the Lands in Question between the Lord Mohun and Sir Henry Cary, until this
House shall give further Order.
Sir. J. Lenthall and Lymbery.
Ordered, That the Cause in the Writ of Error between Sir John Lenthall and Lymbery shall be heard, by
Counsel on both Sides, the Eighth of this Month.
L. Mohun and Capt. Lea.
Upon reading the Petition of Captain John Lea,
against the Lord Mohun:
It is Ordered, That the Lord Mohun shall have a
Copy of this Petition, and return his (fn. *) Answer thereunto.
Ly. J. Boteler's Ordinance.
An Ordinance of Composition for the Delinquency of Dame Joane Botler, was read, and passed.
An Ordinance of Composition for the Delinquency of Thomas and Brian Broughton, was read, and passed.
|(Here enter them.)
L. Mohun and Sir H. Carew.
"3 January, 1647.
"According to your Lordships Order of the Three
and Twentieth of October last, Mr. Hackewell and
myself did appoint several Days, to take Consideration of the Cause referred unto us, between
the Right Honourable Warwick Lord Mohun Complainant, and Sir Henry Carew Knight, Charles Roscarrocke Esquire, and others, Defendants, videlicet,
on the Fifteenth of November and the Sixth of
December last; both which Days failed: The First,
because the Defendants had not Personal Notice of
our Warrant. On the Second Day we attended, and
the Lord Mohun was present with his Counsel; and
after we had expected above Two Hours for the
Defendants, we departed, with an Intention to have
certified your Lordships of their Failure: But, about
Half an Hour after that the Lord Mohun and Mr.
Hackwell were gone, Sir Henry Carew came, with his
Counsel; and I, hearing his Excuse, did agree to
appoint another Day for the Hearing of both Parties. And on the Thirteenth of December both Parties came, with their Counsel And the Questions
being many (consisting of the Possession of Five or
Six several Manors and other Lands), we entered into
the Hearing only of Two of them; videlicet, Trewynnard and St. Day. And I find that the Title for
Trewynnard accrued in May, 1643; and the Title
of St. Day in February after: But I did not find that
the Defendants had any Possession of Trewynnard till
July, 1646 (above Three Years after the Title accrued); and that when the Lord Mohun was in London (as he affirmed) following his Composition. But,
on the other Part, the Lord Mohun said, he would
prove his Possession before that Time, by contracting
with Tenants, and receiving their Rents (but was
not then ready for it). And for St. Day, there is
an Affidavit of Henry Maynard, That the Lord Mohun entered, and had the Key of a Tin-house there
delivered to his Use, in May, 1645; and was then,
and about the latter End of April, 1646, in quiet Possession, and received some Tin (which is a Duty from
the Tinners to the Lord of the Manor): Yet afterwards, the Lord Mohun complaining to your Lordships that he was disturbed in his quiet Possession,
your Lordships ordered, the 14th of January last,
That he should enjoy the Privilege of Parliament, as
a Peer of this Realm; and that his Lordship may
have the ancient Writ issued forth on his Behalf, for
the Privilege of Peers, to stay any Proceedings upon
the Title of his said Lands: Which Order was served
in February last upon Sir Henry Carew and Charles
Roscarrocke (by one Webber), who by Affidavit affirmeth, That, at that Time, the Defendants came
with much Company to take up the Profits of the
said Tin; and that Sir Henry Carew did then say,
"It was a forged Order;" and Mr. Roscarrocke said,
"He thought so too;" and that, upon striving for
the said Tin, the said Webber was thrown down, and
others (of the Lord Mohun's Agents) were hurt.
And I am satisfied that the Words were spoken; but
whether Side did first begin to quarrel did not clearly appear to us (the Affidavits being very cross).
And this was all we could do at that Time; determining to have heard them further upon Mr. Hackwell's Return, he then saying he must go out of Town.
But whether the said Defendants have committed a
Contempt, by these Words and Behaviours of theirs
upon serving the said Order, I humbly submit to your
Lordships Judgements; it resting (in mine Opinion)
much upon the Exposition of your said Order of the
14th of January, whether your Lordships intended
(by declaring the Lord Mohun's Privilege) that the
Defendants should take Notice of it, and be served
with the said Order; or whether your Lordships meant
that that Declaration of his Lordship's Privilege should
be only a Warrant for the issuing out of such a
Writ as is there mentioned, and that the Defen
dants should be served with the said Writ; wherein
if your Lordships will be pleased to declare yourselves, it will be a great Direction to us, if your
Lordships shall be pleased to command us to proceed any further in these Examinations. All which,
in Obedience to your Lordships Order of the One
and Thirtieth of December last, I do humbly certify,
and submit to your Lordships grave Judgements.
Ordinance to clear Ly. J. Boteler of her Delinquency.
"Whereas Dame Joane Boteler Widow, the Relict
of Sir William Boteler Knight and Baronet, deceased,
hath by both Houses of Parliament been admitted
to the Fine of Two Thousand Seven Hundred Eightytwo Pounds, for and on the Behalf of Sir Oliver
Boteler, an Infant Son, and Heir of the said Sir
William Boteler his late Father deceased, whose Estate
is under Sequestration for the Delinquency of his
Father, he having been in Arms against the Parliament; which said Sum of Two Thousand Seven
Hundred Eighty-two Pounds is paid and secured
to the Committee intrusted for the Receipt thereof:
It is now Ordered, Ordained, and Declared, by the
Lords and Commons assembled in Parliament, That
the Estate of the said Sir Oliver Boteler, now sequestered for the Delinquency of his late Father as aforesaid, shall be, and is hereby, cleared, acquitted, and
discharged, of and from the said Sequestration; and
the said Sir Oliver Boteler is hereby restored to the
same, and enabled to receive and have the Benefit
of the Rents and Profits thereof, from the Day of
the Payment of the said Fine, as fully as heretofore
the same hath been received and enjoyed by his said
Father, with an Exception of the Right or Estate of
the said Sir Oliver Boteler in or to all Advowsons,
Presentations, and Right of Patronage, to any Church
or Chapel: Provided always, That this Ordinance
shall not extend to free the said Sir Oliver Boteler
from a further Composition, for any other Lands,
Goods, or Chattels, than what are contained in the
Particular thereof made, and entered with the Committee at Gouldsmiths Hall; and that, in case the said
Lands mentioned in the said Particular were of greater
Yearly Value than are therein expressed during Three
Years before the Year of our Lord 1640, then the
said Sir Oliver Boteler shall pay such further Fine, by
Way of Composition, as both Houses of Parliament
Thomas and Brian Broughton, D°.
"Whereas Thomas Broughton, of Broughton, in the
County of Stafford, Esquire, and Brian Broughton
his Son, hath by both Houses of Parliament been admitted to the Fine of Three Thousand Two Hundred Pounds, the said Thomas Broughton
(fn. *) having
adhered to the Forces raised against the Parliament:
The Lords and Commons assembled in Parliament do
hereby authorize and appoint His Majesty's Solicitor
General to prepare a Pardon to the said Thomas and
Brian Broughton, for their said Offence, in such Form
as is agreed by both Houses for the like Offenders,
together with a Grant of, and Restitution to them,
their Heirs and Assigns, of all their Lands, Goods,
and Chattels, and other Estate for which the said
Fine was accepted, according to a Particular thereof
made, and entered with the Committee at Gouldsmiths
Hall, and of all Mean Profits thereof, to the said
Thomas and Brian Broughton, from the Day of the
Payment of the said Fine, with an Exception of the
Right or Estate of the said Thomas and Brian Broughton in or to all Advowsons, Presentations, and Right
of Patronage, to any Church or Chapel; which said
Pardon, so prepared, the Commissioners for the Great
Seal of England for the Time being are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or
the said Pardon thereon to be passed, shall not extend to free the said Thomas and Bryan Broughton from any further Composition, for any other
Lands, Goods, or Chattels, than what are contained
in the Particular aforesaid; and that, in case the said
Lands mentioned in the said Particular were of greater
Yearly Values than are therein expressed during
Three Years before the Year of our Lord 1640,
then the said Thomas and Brian Broughton shall pay
such further Fine, by Way of Composition, as both
Houses of Parliament shall appoint."
House adjourned till 10a cras.