House of Lords Journal Volume 6: 8 August 1643

DIE Martis, 8 die Augusti.

PRAYERS.

Earl of Manchester, Speaker.

Letter from L. Willoughby, desiring Supplies at Boston.

A Letter, directed to the Speaker of this House, was read, written from the Lord Willoughby of Parham; signifying, "That he hath (fn. 1) quitted Lyncolne, and is come to Boston, where the people are ill-affected, and the Town lost unless Supplies of Men and Arms be sent."

Sent to the H. C.

Ordered, To be sent to the House of Commons; which accordingly was done, by Sir Rob't Rich and Mr. Page.

Ordinance for Concurrence.

Next, the Ordinance lately brought up from the House of Commons, between Pettus and Bancroft, was read, and Agreed to. (Here enter it.)

Austin to resign St. Michael Harbledown to Charke.

Ordered, That Dr. Rob't Austin shall be permitted to resign to Mr. Ezechiell Charke, the Parsonage of St. Mihill Harbledowne, in Kent, being in the disposing of the Archbishop of Cant. whose Jurisdiction is sequestered by Ordinance of Parliament.

Examinations about encouraging the Multitude to come down to the Parliament.

Next, Ric'd Warr Minister, and Sam. Pyckeringe Clerk, and Tho. Underhill Stationer, were examined, touching the printing and publishing the Bills that were spread abroad in London, for warning People to come to the Parliament Yesterday; and it was referred to the Consideration of these Lords following, and report the same to this House:

Any Three, to meet when they please.

Sir Thomas Alcock, a Pass.

Ordered, That Sir Tho. Alcocke shall have a Pass, to go to the Lord General, and return back again.

Ordered, That Ric'd Warr Minister, and Sam. Pyckeringe, and Tho. Underhill, shall put in Security, to appear before this House again, upon Notice given at their Houses; in the mean Time, to be released of their present Restraint.

Pettus and Bancroft.

"Whereas the Petition of Chatherin Pettus Widow, late Administratrix of the Goods and Chattels of William Pettus her late deceased Husband, after a Suit first commenced about Twelve Years since in Chancery, by her said late Husband, against Thomas Bancroft Gentleman (surviving Executor of William Pettus, her said Husband's late Father), for a Legacy of Sixteen Hundred Pounds, now due Fifteen Years since; and her said Husband and the said Bancrofte being both dead, the Suit is since revived against Bancroft's Widow.

"The Legacy and Damages, after Hearing, for Arrears thereof, audited and certified in Chancery, amounted to One Thousand Six Hundred Twenty-two Pounds, and was Ordered to be paid accordingly: But the Defendant absenting herself, and standing out all Process of Contempt in Chancery, and a Serjeant at Arms; upon a further Hearing before the Lord Keeper, and Judges Assistants, a Commission of Sequestration under the Great Seal was granted to Eight Commissioners, or any Two of them, to sequester the Estate of the said Thomas Bancroft, liable to the said Legacy: Since which Time the said Commissioners have so far proceeded in the Execution of the said Commission, that they have, upon Examination of Witnesses, discovered and sequestered divers Houses in London, and divers Lands and Tenements in the County of Norff. which were bought with the Testator's Money, according to the Petitioner's Father's Will; and have taken the Profits of Part thereof by the Space of a Year, until of late, by Force and Violence, expelled by such as claim by a Title (pendente Lite); and the said Sequestrators are still willing further to proceed in the Execution of the said Commission, who have also Power to examine Witnesses, to discover the Estate liable to pay the Arrears of the said Legacy; but the Petitioner can reap no Benefit thereof, by reason of the Ordinance of Parliament restraining all Proceedings at Oxford, and the Defendant Mrs. Bancroft concealing herself, and her Husband's said Estate; the Parties being heard before the Committee of Obstructions in Courts of Justice, and reported to the House of Commons: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That the Petitioner shall receive the Fruit and Benefit of her Suit; and that the said Decree, and Orders thereupon, shall be obeyed, and put in Execution, by the Ordinance and Authority of both Houses of Parliament; and, if any shall disobey the same, then the said Sequestrators are to certify their Proceedings [ (fn. 2) and the Names of such as shall oppose the same, to the End such further Proceedings] may be taken by the Parliament against them as shall be meet."

Adjourn.

House adjourned till 10^a cras.