House of Lords Journal Volume 8: 27 November 1646

DIE Veneris, 27 die Novembris.

PRAYERS, by Mr. Thoroughgood.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ly. Burgh's Petition, for the Arrears of her Pension.

A Petition of the Lady Ann Burgh, was read; shewing, "That Queen Eliz. by Her Letters Patents, did, in Consideration of faithful Service done by her Lord in Ireland, then Deputy, and there poisoned, grant unto Francis Lady Burgh, the Petitioner's Mother, a Pension of Four Hundred Pounds per Annum, which was duly paid to Her out of the Exchequer all the Time of Her Reign, and King James' and a great Part of His Majesty's Reign that now is; of which Pension there is One Thousand Eight Hundred Pounds due: That her said Mother, intending the Advancement and Livelihood of the Petitioner, was pleased to bestow the said Arrears of her Pension upon the Petitioner: Therefore the Petitioner desires that the Sum of One Thousand Eight Hundred Pounds Arrear may be paid her, by One Hundred Pounds a Quarter, or by such other Proportion as shall be thought fit."

It is Ordered, To be recommended to the House of Commons.

Ordinance for an Estate of 200 l. to be granted to Peters.

The Lord Wharton reported from the Committee, the Ordinance concerning Mr. Hugh Peters, as fit to pass, without any Alterations.

And the House was adjourned into a Committee of the whole House, to take the said Ordinance into further Consideration.

The House was resumed.

These Two Questions were moved:

"1. Whether to re-commit the Ordinance to the same Committee, or not?

"2. Whether to give it this Day the Third Reading?"

And the Question was put, "Whether the First Question shall be first put?"

And it was Resolved in the Affirmative.

Resolved, upon the Question, That this Ordinance shall be re-committed to the same Committee.

Ordered, That the Committee shall meet To-morrow Morning, and have Power to adjourn themselves from Time to Time as they shall see Cause.

Message to the H C. for the Conference about the Earls of Northumb. and Pemb.- and about L. Grey's Business.

Sir Edward Leech and Mr. Page this Day signified to the House, "That Yesterday they attended at the House of Commons; and they were in such Business as they could not be admitted in."

Therefore the House Ordered the said Messengers to deliver it at the Rising of their House this Day, To desire a Conference To-morrow Morning, at Eleven of the Clock; and that they put them in Mind of the Lord Grey's Business, formerly sent down to them.

Report about the Post-office.

The Lord Willoughby made Report from the Committee concerning (fn. 1) the Letter-office, which the Earl of Warwicke holds; It being the State of the Matter of Fact.

Ordered, That this Business be laid aside, until an Answer be put in to the Lord Stanhope's Petition depending in this House.

Howes and Williams in Error.

This Day being appointed for hearing the Errors to be argued at this Bar, in the Writ of Error between Howes Plaintiff and Williams Defendant, to reverse a Judgement in the King's Bench, upon an Ejectione Firmæ: But the Person of the Defendant attending with his Counsel, but the Person nor the Counsel of the Plantiff appearing; and Affidavit being made at the Bar, "That the Attorney of the Plantiff had Notice of it:"

Upon this, the House took the Errors into Consideration; and Ordered and Adjudged, That the Judgement in the King's Bench is hereby confirmed; and to be remitted into the King's Bench Court, that so Execution may be taken out accordingly.

E. of Northton and Doughty.

This Day Thomas Doughty was called in, and demanded, "Why he did not deliver to the Earl of North'ton the Writings, according to the Order of this House?" Who said, "He had delivered them to the Earl of Northton's Mother; they being Writings concerning her Estate, and he being but in Trust for her."

It is Ordered, That the said Thomas Doughty be discharged from any further Attendance upon this House concerning this Business; and the Matter referred to the ordinary Course of Law.

Report concerning the Inland Post-office, between the E. of Warwick and Witherings.

"A Report of the State of the Inland Letter-office.

9 Julii, 1646.

8 Sept. 1642.

25 Nov. 1642.

"The Earl of Warwick petitions the Lords, That the Inland Letter-office was by Letters Patents granted to Thomas Witherings, and since assigned to the said Earl; and that the same, about 1640, was sequestered into the Hands of Phillip Burlemachy, who, by colour thereof, received the Profits: That afterwards, upon a Petition preferred to the House of Commons, the said House voted the said Sequestration illegal and void, and that it ought to be taken off; and that the said Burlemachy and his Deputies should forthwith bring in an Accompt of the Profits of the Office received by him or his Deputies since the said illegal Sequestration: Which Votes being transmitted to this House, 8 Sept. 1642, accordingly resolved by the Lords in Parliament; in Pursuance of which Resolution, it was, 25 November, 1642, Ordered by the Lords in Parliament, That the Possession of the said Letter-office should, upon Sight of that Order, be delivered to the Petitioner and his Assigns, by the said Burlemachy, and all others having or claiming the Possession thereof; and that the said Burlemacby, his Deputies, Agents, Posts, and Post-masters, and such others as had received any Profits out of the said Office, should within Eight Days bring in an Accompt, upon Oath, of all the Profits of the same since the said Sequestration; which Order was afterwards, upon Hearing, 2 Dec. 1642, confirmed; and further Ordered, That the Posts and others, claiming the Possession of the said Office, after Sight of that Order, should bring all Mails of Letters to such Place as the Petitioner or his Deputy should appoint, and also to attend to receive the Mails of Letters as should be delivered unto them; and that it should be lawful for the said Petitioner to send all Mails of Letters; and that, if any of the Posts should refuse to bring the Mails of Letters to such Place so appointed, or to receive and carry the Mails back, that the Petitioner should have Power to displace such Post-masters, until he or they should conform themselves to the said Order: And the said Earl sets forth, that, by reason of the Distractions of the Times and his Public Employments, he had not any Fruit of the said Orders, and desires Relief herein.

9 July, 1646.

"Lords Committees appointed to consider of the Petition, and to state the Matter of Fact (Judge Phesant and Judge Rolls Assistants).

22 July, 1646.

"Ordered, That Mr. Justice Roll do report his Opinion to all such Particulars concerning the Validity of the said Patent as the Committee shall think fit to ask him; and do likewise deliver such Opinion as Mr. Justice Phesant hath left with him to deliver.

22 July, 13° Car.

"We have examined the said Orders set down in the Petition; and we do find them truly recited; and that, 22 Julii, 13° Caroli, the King granted the Inland Letter-office to Thomas Witherings for Life; and that, in 1640, the said Office was sequestered into the Hands of Burlemachy: Whereupon the Order of both Houses was made, That the Sequestration was illegal and void, and ought to be taken off; and the Orders as they are recited in the Petition.

"Upon the Perusal of the said Patent, we desired the Opinion of Mr. Justice Pheasant and Mr. Justice Rolls concerning the same.

"And Mr. Justice Rolls did deliver his Opinion, and that Mr. Justice Pheasant was of the same Opinion, That the Inland Letter-office Patent was well erected; that the Clauses of Restraint in the said Patent are void, and not good in Law; that, notwithstanding these Clauses be void, yet the Patent is good for the rest; that, notwithstanding the Negative Clauses, the Patentee may execute the Office.

"The Committee are of the same Opinion with the Judges; and are of Opinion, That the Orders of 25 November and 20th of December ought to be ratified and confirmed, and in all Things observed; and that it should be Decreed and Adjudged, That the said Earl and his Assigns, and his and their Deputies, should from henceforth enjoy and execute the said Office, for the Term in the Letters Patents expressed."

Adjourn.

House adjourned till 10^a cras.