House of Lords Journal Volume 8: 1 February 1647

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. 1) 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 House.

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 First Business.

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.

Procredings Asyed.

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;

"Sheweth,

"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.

"He. Bathon."

Report from the Committee for Sequestrations about it.

"Die Veneris, 4 Decembris, 1646.

At the Committee of Lords and Commons for Sequestrations.

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 said Cause.

Intr. R. Vaughan.

"John Wilde."

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 of England.

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.

Adjourn, 10 To-morrow.