House of Lords Journal Volume 8: 15 April 1646

DIE Mercurii, 15 die Aprilis.

PRAYERS, by Mr. Stirry.

Comes Manchester, Speaker.

Wall to be instituted to Laverstock.

Ordered, That Sir Nath. Brent do institute and induct Edward Wall to the Rectory of Laverstocke, in the County of Hampshire; being presented to the same by Tho. Hussey Esquire, the Patron thereof.

Ordinance for Thomas and Oliver to be Ministers of Wells.

An Ordinance was this Day brought into this House, for placing Mr. Wm. Thomas and Mr. Sam. Oliver to be Ministers of Wells, in the County of Som'sett; and being Thrice (fn. 1) read, it was passed, and Ordered to be sent to the House of Commons, for their Concurrence therein.

Sir J. Worstenholme to have the Benefit of the Articles for the Surrender of York.

The Lord North reported, "That the Committee hath considered of the Business concerning Sir John Worstenholme: And their Opinion is, upon the Perusal of the Articles of Yorke, That he enjoy the Benefit of those Articles; and that his Person and his Estate be free from all Sequestration, according to those Articles."

Which this House approved of; and Ordered, To desire the Concurrence of the House of Commons herein.

E. of North'ton, Leave to remain within the Lines.

Ordered, That the Earl of North'ton shall have further Time to stay within the Lines of Communication, videlicet, till Tuesday come Sevennight.

Ordinance for Mortimer and Norfolk to be Serjeants at Arms.

A new Ordinance was brought into the House this Day, for making James Mortimer Gentleman to be a Serjeant at Arms, in the Room and Place of Mathew Francis; and James Norff. to be a Serjeant at Arms, in the Room and Place of Sir John Cotton Knight; which being read Three Times, it was passed, and Ordered to be sent to the House of Commons for their Concurrence.

Pettit & al. and Rednes & al.

Ordered, That the Business between Petite and others, against Rednes and others, shall (fn. 1) be peremptorily heard To-morrow Morning.

Cooper and Braems.

The Report of the Delegates concerning Mr. Cooper's Cause was read. (Here enter it.)

Col. Lilburn's Ordinance.

The Lord Wharton reported from the Committee, an Ordinance concerning John Lylborne, concerning his Damages given by this House. Read Once, and Ordered to be read To-morrow the Second Time.

James's Cause.

Ordered, That the Cause of John James shall be heard on Saturday next.

Dr. Bastwick's Damages to be paid out of the Estates of the D. of Richmond & al.

The Lord Willoughby reported from the Committee for Doctor Bastwick's Business, "That they are of Opinion, That he have his Damages given him by this House, out of the Estates of the Duke of Richmond, Earl of Dorsett, and Lord Cottington, and Sir Francis Windibanke."

And it is Ordered, That an Ordinance be drawn, and presented to this House, for this Purpose, after the same Tenor as the Ordinance for Lieutenant Colonel Lylborne.

Report of the Conference concerning the Scotch Papers.

The Speaker reported the Effect of the Conference Yesterday with the House of Commons; which was,

"That Mr. Lisle said, That the Occasion of the Conference was concerning a Book which came to their Information, intituled, "Some Papers of the Commissioners of Scotland;" wherein they find in some Things both Scandal and Falsehood; whereupon they had made a Vote, wherein they desired their Lordships Concurrence.

"The Vote was read.

"After the Vote was read; it was said, That whereas the Vote speaks of putting the Business into a Way of Examination, the House of Commons have already made some Progress in the Examination; and read some Examinations, which were not delivered at the Conference, because they were in further Examination of it.

Scandal against the Parliament in them.

"After this, Sir John Evelyn said, That concerning the Manner of the Examination, Bostock the Printer, being examined, prevaricated, and would not confess of whom he had the Papers; whereupon they examined his Servant, who confessed who brought them; upon which, Bostock, upon a Second Examination, made a voluntary Confession how he came by the Papers: And whereas there is Mention made in the Examination of the Scots Commissioners, "he was commanded by the House of Commons;" that there was no Examination made concerning the Scotts Commissioners; neither do they intend it, but it was a free and voluntary Confession of Bostocke.

"He said further, That in the Preface, there is an Endeavour to intimate to the People, to draw them from the Parliament, That, because the Parliament would not settle the Government of the Church in that Way as some desire, therefore they will settle none; and because the Parliament will not settle the Militia of this Kingdom as some desired, therefore the Houses of Parliament will have no Peace, and intend to alter the Government of this Kingdom.

"The House of Commons, therefore, are of Opinion, That, unless some Declaration be speedily published, to vindicate the Parliament from these Scandals, there may much Prejudice come to the Proceedings of Parliament. Therefore the House of Commons intends speedily to publish a Declaration, That it is the Intent of the Parliament to settle Church Government as near as they can according to the Word of God; and that the Parliament intends not to alter the Government of the Kingdom: But, because this will require some Time, they thought fit for the present to make this Vote, wherein they desire their Lordships Concurrence."

Upon this, the House read the Book, as they were marked by the House of Commons.

Ordered, That this Business shall be taken into Consideration To-morrow Morning, at Ten a Clock, at which Time the Lords are to have Notice to be here present.

Report concerning the Cause between Cooper and Braems, &c.

"To the Right Honourable the Lords assembled in Parliament.

"Whereas your Lordships have been pleased to refer the Matters of Fact contained in a Petition exhibited in this House, on the Behalf of William Cooper and Sussanna his Wife, and Daniell Braems and Mary his Wife, to the Examination and Report of the Court of Delegates; we, the Judges Delegates hereunto subscribing, having strictly examined the Fact in the said Business, do hereby humbly certify,

"That we find it to have been acted and done as followeth; (videlicet,)

"That the Controversy depending in the Delegates Court is solely concerning the Validity or Invalidity of the Will of the Lady Crane deceased; wherein Marthanna Wilson the Appellant, a Stranger in Blood, is named Executrix.

"That the said Will is opposed by the Petitioners, being the next of Kin to the Deceased, who did exhibit an Allegation Exceptive, consisting of Fiftyseven Articles; which Allegation was admitted by Dr. Sames and Mr. Sadler, Two of the Delegates in the Cause, on the Second of January last, quatenus de Jure, & sub omnibus Limitationibus, which is the same as to admit the Allegation de bene esse, and so far as the particular Articles are legally admissible; and under this Restriction, that no Publication of the Depositions of the Witnesses thereupon to be produced should be granted, till Information first had concerning the Concludency of the Allegation.

"The Opposers of the Will produced Eighteen Witnesses upon their said Allegation, and procured Eleven of them to be examined, and waved the rest; and having so done, obtained a Decree to call Mrs. Wilson's Proctor to see Publication awarded, returnable 4to Martii; and the Parties on both Sides, by their Counsel, appeared accordingly, there being then present Doctor Heath, Doctor Aylett, and Doctor Wiseman, Delegates, before whom the Opposers of the Will in the First Place desired Publication of their Witnesses examined upon their said Exceptive Matter: But that was objected against by the Appellant's Party, for Two Reasons; First, because the Seven Witnesses by them produced, and afterwards waved, had not answered the Appellant's Cross Interrogatories (though in Rei Veritate those Seven were not examined on any Side); and Secondly, because the Allegation whereon their said Witnesses were examined was admitted but conditionally, and under such Limitations as that there ought first to be an Information had how far the Allegation is by Law concludent and admissible, before any Publication be decreed; which the said Delegates finding so to be, resolved to proceed to the Discussion of the Concludency or Inconcludency of the Allegation before they would proceed to Publication; whereupon Doctor Sames, about the Beginning of the Dispute concerning the Allegation, coming to sit with the said Judges, and being a little after called away to sit upon Admiralty Affairs, departed from the rest; and Dr. King, being of Counsel for Mr. Wilson, objected against the Admission of the 9th, 25, 28, 29, 30, 31, 37, 38, 39, and 56 Articles of the said Allegation. The Petitioners, by Doctor Walker their Counsel, argued in Defence of One or Two of the first of them: But Doctor Sames being called away, and Doctor Walker, being the (fn. 2) Advocate of the Admiralty, and engaged in Admiralty Affairs, withdrew with him; and the Proctor of the Petitioners, and some of the Parties, perceiving the Judges to incline to the expunging of these Articles and all of that Nature, withdrew themselves also, without using any further Argument or Dispute to maintain the rest; and thereupon, the Petitioners and their Counsel having withdrawn themselves as aforesaid, the said Judges, (videlicet,) Doctor Heath, Doctor Aylett, and Dr. Wiseman, proceeded to take Informations from Doctor King Mrs. Wilson's Advocate, and did think fit to expunge the said Articles, for these Reasons following; (videlicet,) the 9, 25, 37, and 38 Articles, so far as they concern Mrs. Wilson the Party Principal only; and the 56 Article wholly, as all containing scandalous Matter: Concerning the 28, 29, and 31 Articles, the said Judges delivered their Opinions, That the Crimes therein charged, if proved, are very great and dangerous; (fn. 3) yet, in regard there is a Committee of Examinations and other apt Means constituted for the punishing of such Delinquencies, they esteemed themselves no competent Judges to take Cognizance thereof; referred the Petitioners to take their Course accordingly, and thought fit to expunge those Articles: Also the 30th and 29th Articles the said Judges totally rejected, as impertinent and inconcludent in themselves: And for all the rest of the Allegations, they ordered that it should stand as admitted, quatenus de Jure.

"Having thus done, the Register asking the Pleasures of the said Judges concerning the Matter of Publication; it was answered by Mrs. Wilson's Proctor, "That the Parties that should desire it had deserted their Petition, and were gone; and that there was nobody to ask Publication:" Whereupon the said Judges arose, and decreed nothing farther then.

"Thus having punctually related the Truth of the Fact concerning the Matter of the Petition, as by the Copies of the said Petitions, and the Act of the Proceedings, and the Order hereunto annexed, will appear; we humbly leave the same to your Lordships further Considerations.

"Edm. Reve.
"Pet. Phesant.
"Edw. Atkins.
"Jo. Godbold.
"Jo. Greene.
Will. Sames.
"Robert Aylett.
"Rob. Wiseman.
"Jo. Sadler."

Adjourn.

House adjourned till 10^a cras.