Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 19 die Aprilis.
PRAYERS, by Mr. Bridge.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
L. Falkland, a Pass.
Ordered, That the Lord Viscount Falkland, with his Servants, shall have a Pass, to go into France.
Ordinance to divide Wrotham Parish.
The Ordinance for dividing the Parish of Wrotham, in the County of Kent, was read Twice, and passed.
(Here enter it.)
Perchard versus Rowland, an Appeal from the Court of Guernsey.
Upon reading the Petition of John Perchard, Inhabitant of the Isle of Guernsey, appealing to this House against John Rowland; and (fn. 1) desiring, "that the whole Process, Pleas, &c. may be transmitted to this House, by the Bailiffs and Jurats there:"
It is Ordered, That this Petition is referred to Mr. Justice Bacon and Mr. Justice Roll, to consider of this Petition, and to hear the Petitioner and his Counsel; and to call to their Assistance Sir Nath. Brent, or such other Civilian as they think fit; and then to report to this House their Opinions, what they think fit to be done for the Relief of the Petitioner.
Jackson to be a Beadsman of Trin. Coll.
Upon reading the Petition of Wm. Jackson, a poor Man, desiring "a Beadsman's Place, void in Trynity Colledge:"
It is Ordered, That the Master and Seniors of the said College are hereby commanded to give him a Patent under Seals (as the Manner is); and that he may demand and receive all the Profits arising there.
Message from the H. C. with an Order and Ordinance.
A Message was brought from the House of Commons, by Sir Rob't Pye; who brought up these Particulars, wherein their Lordships Concurrence is desired:
1. An Order for adding Mr. Dennis Bond to the Committee for the College of Westm. (Here enter it.)
2. An Ordinance for Preservation of Timber in the Forest of Deane. (Here enter it.)
The Answer returned was:
That this House agrees to the Particulars now brought up.
Count. of Arundel's Pet. about her Sequestration.
Upon reading of the Petition of the Countess Dowager of Arrundell; desiring " (fn. 2) that all Committees where her Estate lies may be ordered to forbear their Proceedings against her or her Tenants, until (fn. 2) there be Cause of Sequestration shewed to this House, or to the Committee of Lords and Commons for Sequestrations:"
It is Ordered, That this House confirms their former Order; and refers this Petition (fn. 3) to the Committee of Lords and Commons for Sequestrations, if she desire it.
Letter &c. from the Commissioners in Scotland.
A Letter, with Papers from the Commissioners of the Parliament of England residing in Scotland, were read.
(Here enter them.)
Sir J. Gayer at the Bar, and refuses to kneel:
This Day the Lieutenant of The Tower having brought Sir John Gayer Knight, the House commanded him to be brought to this Bar.
And the Speaker commanded him to kneel at the Bar, as a Delinquent; which he refused to do, and desired to be heard: Which the House refusing, commanded him again to kneel; which he refusing, the House commanded him to withdraw.
And the House took this Contempt to this House into Consideration; and Ordered, That, for this his Contempt, this House fines him Five Hundred Pounds to the King, to be presently estreated into the Exchequer.
Fined for his Contempt:
Sir John Gayer was called in again; and told by the Speaker, "That this House had fined him Five Hundred Pounds, for his High Contempt to this House; and have ordered his Impeachment of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against (fn. 4) him, to be (fn. 4) read; and then this House will give him such Time to answer as shall be thought convenient."
His Impeachment read:
Then the Impeachment was read in his Presence.
(Here enter it (fn. 5) .)
Which being done; he said, "He did disavow and abhor those Offences which he hears now read; and (fn. 6) desired a Copy of it under the Clerk of the Parliament's Hand, and Time to answer, and such Counsel as he shall desire to be assigned him."
Which this House Ordered accordingly; and Sir John Gayer is to deliver in the Names of such as he desires to be assigned of Counsel for him by Saturday next.
Committed to The Tower:
Ordered, That Sir John Gayer shall stand committed to the Lieutenant of The Tower of London, being impeached, by Articles from the House of Commons, of High Treason, and other High Crimes and Misdemeanors, there to be kept in safe Custody until the Pleasure of this House be further signified.
Examination about a Design to rescue him.
The Speaker acquainted the House, "That this Morning was taken one, who was spreading abroad a seditious Paper, to stir up the People to rescue Sir John Gayer as he was to come to this House this Day."
It is Ordered, That Colonel Baxter, in whose Custody now he is, shall carry him before Mr. Justice Edwards and Mr. Justice Manly, to be examined; and then to be sent by them to Newgat Prison; and afterwards to certify the Examinations to this House.
Message to the the H. C. about the Antelope; and with an Order.
A Message was brought from the House of Commons, by Mr. Knightly:
1. To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Ship Antilope, who (fn. 7) wants a Commander.
2. To desire Concurrence in an Order for adding some Names to the Committee of Herefordshire.
(Here enter it.)
The Answer returned:
That this House appoints a Conference To-morrow Morning, at Eleven of the Clock; and that this House agrees to the adding the Names to the Committee of Herefordshire.
Preachers at the Fact.
Ordered, That Mr. Hericke and Mr. Wm. Carter are appointed to preach before the Lords in Parliament, at St. Martin's Church, the next Fast-day, in the Stead of Mr. Cawdrey and Mr. Bridge.
Sir J. Gayer's Fine estreated.
"Carolus, Dei Gratia, Angl. Scotiæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Dilecto sibi Joh'i Browne Ar. Clerico Parliamentorum suorum, Salutem: Volentes, certis de Causis, certiorari super quodam Fine Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Joh'em Gayer Mil. & de London Alderm. pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eâdem Curiâ, super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Joh'es Gayer de Altâ Proditione aliisque Criminibus & Malegestur. impetit. & onerat. existit; vobis mandamus, quod Finem prædictum in Scriptis redact. cum omnibus illis tangen. Nobis in Cancellar. Nostram, sub Sigillo vestro, distinctè & apertè, sine Dilatione, mittatis, & hoc Breve.
"Teste Meipso, apud Westm. xxii° Die Aprilis, Anno Regni Regis Vicesimo Quarto.
"Extractus Finis, unde in Brevi huic Schedulæ annex. fit Mentio; videlicet,
"Die Mercurii, 19 Aprilis, 1648.
"Finis Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Joh'em Gayre Mil. & de London Alderm. pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eâdem Curiâ, super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Joh'es Gayer de Altâ Proditione, aliisque Criminibus & Malegestur. impetit. & onerat. existit, & assess. ad £. 500."
Letter from the Commissioners in Scotland, with the following Papers.
"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore. These.
"The Parliament of Scotland not giving an Answer to our Papers in the Beginning of this Week, according to their Order and Letter sent to your Lordship by the last Post, we did press it again in another Paper (a Copy whereof is here inclosed), wherein we made an additional Demand of Colonel George Wray, which was delivered Yesterday, but had not been read this Day when we did receive the inclosed Answer; whereunto although we resolve to make a Reply, in Maintenance of our former Papers, yet, the Difference being upon the Exposition of an Act of Parliament, we thought it our Duty to send forthwith to your Lordships, that, if in your Wisdoms your Lordships shall think it fit, your Lordship might give further Directions unto,
Edinburgh, April 15, 1648.
"Most faithful and humble Servants,
"C. Nottingham. Stanford."
"Edinburgh, 14 April. 1648.
Paper from them to the Parliament of Scotland, desiring several Delinquents might be given up, who were gone there.
"We had Notice from the Honourable the Parliament of Scotland, that we should have an Answer the last Week to the several Papers communicated to them from us; and, since that Time, we should have an Answer in the Beginning of this Week. But we, not receiving any hitherto, think it our Duty, in Businesses wherein we have so strict a Charge, and which do so much concern the Peace of both Kingdoms, to press your Lordships again for a speedy Answer, especially to our Demands of Captain Wogan and his Troop, and Sir Phillip Musgrave and Sir Thomas Glemmon; the rather, because we do still observe a great Concourse of English Delinquents to this Kingdom, who are received and harboured here, and amongst them some Papists that have been in Arms, who were all, by former Propositions to the King agreed to by both Kingdoms, excepted from Pardon; and particularly we know that one Colonel George Wray, who is a Papist, and was a Colonel in the War against the Parliament, hath been for some Time of (fn. 8) late (and we believe now is) in this City of Edinburgh: We do, therefore, upon the Grounds laid down in our former Papers (which we hope do appear very clear to your Lordships), demand of the Parliament of Scotland, in the Name (fn. 9) of both Houses of the Parliament of England, That the said Colonel George Wray be likewise delivered to us, to be disposed of as both Houses of the Parliament of England shall direct; and that they may no longer have Shelter and Protection in this Kingdom.
"By Command of the Commissioners of the Parliament of England.
Answer of the Parliament of Scotland.
"Edinburgh, 12th April, 1648.
"The Estates of Parliament, haveing perused and considered the severall Papers given in to them, and to the Committee of Estates, by the Commissioners of both Houses of the Parliament of England, since their last comeing to this Kingdome, doe finde, at the Arrivall of the said Commissioners, and upon their First Addresse to the Committee of Estates, although they shew noe Commission, nor had any Credentiall Letters directed to the Committee, yet the Committee of Estates did appoint some of their Number to meete with them, who did accordingly receive from them what they then thought fitt to offer: And when they made their Addresses to the Parliament, the very Dayes wherein their Letters were given to the Lord Chauncellor (to whom they sent the same), they were instantly read in Parliament, and a Committee appointed to take into Consideration what was offered by them, that, upon Report thereof, an Answere might be retourned by the Parliament.
"Whereas your Lordships are pleased, in Name of the Honorable Houses of the Parliament of England, to expresse their Desires to preserve a good Understanding and brotherly Agreement betwixt the Two Kingdomes; the Estates of Parliament doe retourne this Answere: That, as the Actions of this Kingdome have bin reall Proofes of their Desires and Willingnes to entertaine a good Correspondence and Amity betwixt the Two Nations, soe they are still resolved to keepe inviolably on their Parts the happy Union, to which both Kingdomes are solemnly ingaged by the Covenant and Treatyes. Yet they have thought fitt to lett them knowe, that this Kingdome has Reason to be very sensible, that the necessary and just Desires given in by their Commissioners, by Warrant of the Parliament and their Committees, to the Honorable Houses of the Parliament of England, concerning Religion, the King's Majesty, and Interest of this Kingdome, have had noe sattisfactory Answere as yet.
"And for the particular Desires concerning Captain Wogan and his Troope, alleadged to be in this Kingdome, and demaunded in the Paper of the 21th of March, upon the Act of Pacification and Oblivion in the large Treaty in Anno 1641, as Delinquents, and who have bin in Armes against the Parliament of England; and the Paper of 31th of March, demaunding the aforesaid Captaine Wogan, Sir Phillip Musgrave, and Sir Thomas Glemmon, to be delivered upon the same Act of Pasification, as those who have risen in Armes and made Warre against the Parliament of England; if your Lordships will be pleased to peruse that Treaty and Act of Pasification to which the Papers given in doe relate, it will clearly appeare that none can be remaunded or delivered by this Kingdome, but such only of the English Nation who have incensed the King of Scotland against the Kingdome of England; all other Criminalls being referred to the Lawes.
"And the Estates of this Kingdome are confident, that your Lordships will not misunderstand the not retourning of an Answere sooner to your Papers and Desires; since the many other pressing and weighty Affaires of this Kingdome, which have still bin before the Parliament since your Comeing, has bin the only Reason of this Delay.
"The Estates of Parliament gives Warrant and Commaund to the Committee of 24, to deliver unto the English Commissioners the Answere this Day past in Parliament, and to appoint some of their Number to meete with the English Commissioners, and to affert the Parliament's Answere, and to report what further the Commissioners of the Honorable Houses shall offer to the Consideration of the Parliament.
"Extracted out of the Records of Parliament, by me, Sir Alexand'r Gibson, of Deru, Knight, Clerc of His Majesty's Registers, Councele, and Rolls, under my Signe and Subscription Manuall.
"Alexand'r Gibson, Cler. Reg'ri."
Ordinance for dividing the Parish of Wrotham.
"Whereas the Parsonage of Wrotham, in the County of Kent, is a Parsonage sine Curâ, lately in the Disposing of the Archbishop of Canterbury, and formerly in the Possession of Doctor Edward Layfeild, and under the Lease of One and Twenty Years, determined at Michaelmas 1647, rendering Fifty-five Pounds per Annum to the present Incumbent; and that, upon the Sequestration of the said Rectory, the said Doctor Layfeild, by Ordinance of Parliament, dated the 29th of August, 1645, was deprived, amoved, and discharged, from the said Rectory, and William Parker Clerk, Master of Arts, was made Rector and Incumbent in the same, and ordained to receive the Profits and Duties thereto belonging, and that he should pay all Duties payable by the Incumbent of the same, (fn. 10) as by the said Ordinance may and doth more fully appear; and whereas the said Parish of Wrotham hath also a Vicarage, with the Cure of Souls endowed, as likewise the Chapelry of Stanstead, consisting both of Parsonage and Vicarage Tithes, unto the said Parsonage and Vicarage of Wrotham respectively annexed; by Means whereof, and because the said Parsonage of Wrotham is a very large Parish, containing divers Hamlets, having also a Chapel of Ease formerly called Plaxtoll, and that divers of the Inhabitants of the said Parish have their Dwelling Four and some Five Miles distant from the Church of Wrotham, and that, by reason of the tedious Travel to the said Church of Wrotham, the Aged and Impotent amongst them are not able to come to the Public Service of God; for Remedy whereof, the Inhabitants of the said Parish have petitioned to the Committee of Parliament for plundered Ministers at Westm'r, that the Precincts of the said Parish may be so proportioned, and the Profits so disposed, as may best conduce with the Ease of the Inhabitants, to the settled Public Service of God in the Places aforesaid, having a principal Respect unto the Maintenance of the Ministry at the Church of Wrotham; which Petitions being referred to divers Gentlemen of Worth in the said County not inhabiting in any Part of the Premises, they, upon hearing of the said Mr Parker, and due Examination of Witnesses, and serious Consideration had, did, by their Certificate, dated the Tenth of August, 1647, set forth, That they did find the Value of the Profits belonging to the Church of Wrotham, by Means aforesaid, to be of such Considerableness, that there might be Provision made thereout for the Maintenance of Three Preaching Ministers, One at Wrotham, another at Stanstead, and the Third at Plaxtoll; and that the Premises might be so apportioned, that the said Church at Wrotham might have One Hundred Ninety Pounds per Annum for the Maintenance of their Minister, besides convenient Maintenance for a settled Ministry in Stanstead and Plaxtoll aforesaid; and the said Gentlemen did further set forth an Apportionment of the several Precincts for the said intended Parishes, by particular Bounds, in their said Certificate: In Pursuance whereof, and at the Petition of the Inhabitants aforesaid, and for the better Provision for Encouragement of the said Inhabitants in the Public Service of God, the Lords and Commons assembled in Parliament do ordain and declare, and be it Ordained and Declared, That all that Precinct of and within the Boroughs of Hayle and Roffway, and that Part of Wingfeild bounding from the Lands called The Hyles lying in Ilham on the West, and beginning at an Oak, and so along the Hedge towards the North of Pondfeild, being the Lands of Mathew Miller Clerk, and so along the Lane to Boslead River, and from thence along the Lane to Claygaytes Crosse, and likewise by (fn. 11) Lane to Hylans Gate, and so to an Ash in a Croft called The Hyles, and so by the North Hedge of Pollart's Bottome, and then to Littlewood Plaine, and so along the Lane to Greenland's Gate, and from thence along the Way to Pecham Stile, and so to the Two Posts against Marworth on the East, and all the Houses, Edifices, Buildings, and Lands, within the said Precinct, shall be the Precinct of the Parish of Plaxtoll; and likewise all that Precinct of Stanstead, beginning at Peckham Wood, from thence leading by the Highway to London Oake, from thence to Black's Lane End, and from thence all along the Highway to the House called Platt, and from thence to the Top of Wrotham Hill, leading from Wrotham towards Meopam, and from thence encompassing all the Woods upon the Top of the Hill until it meet with the Bounds of Trotcliffe, turning off to Meopham, from henceforth shall be the Precinct of the Parish of Stanstead; and that the said Precinct shall be distinct Rectories and several Parishes within themselves, from all Dependance, Offices, Charges, and Contributions, of and to the Rectory and Vicarage of Wrotham aforesaid; and that the said Chapel erected within the same Precinct of Plaxtoll shall be the Parish Church for the said Precinct, and the Church of Stanstead the Parish Church of Stanstead; and shall and may have, from Time to Time, several Rectors thereunto nominated or presented by the Parliament, or such other Power as shall be by the Parliament appointed; and that the said Rectors shall be to all Intents and Purposes proper Incumbents and Rectors in the said several Churches, and shall have the Cure of Souls therein; and all the Tithes and Profits within the said Precincts respectively arising, and Right, by Action or otherwise, to sue for, recover, and receive, the same; and, to that End, the said Rectors of the said Churches, and their Successors, shall be incorporate, and shall have Capacity and Succession severally, by the Names of "The Rector of the Parish Church of Plaxtoll," and "The Rector of the Parish Church of Stanstead;" and that the Inhabitants residing within the same several Precincts may and shall elect, and have Power, and are hereby authorized, from Time to Time respectively, to nominate and elect, Churchwardens, Clerks, Sextons, and all other accustomed Parochial Officers, in the said several Parishes, usually eligible within Parishes; and the said Precincts shall be liable to all Public Rates chargeable upon the same as Parishes, either towards the Public Service of the Kingdom or the common Interest of the said Parishes within themselves, for Maintenance of their Poor, or otherwise, respectively, to be assessed and levied in such Manner as the same are in other Parishes accustomed: And it is further Ordained and Declared, That all and every the Houses, Edifices, Buildings, Lands, and Tenements, situate and being within the Bounds of Wrotham, by virtue of the Annexation aforesaid or otherwise, and not situate, lying, and being, within either of the abovesaid Precincts of Plaxtoll and Stanstead, together with the Tithes arising out of certain Grounds formerly in Controversy between the Parishes of Stanstead and Wrotham, shall belong and be, from Time to Time, the proper Maintenance of the Rector of Wrotham; and that the Parish Church of Wrotham, from henceforth, from Time to Time, shall be a Rectory with Cure of Souls; and that the Rector and his Successors shall be incorporated, by the Name of "The Rector of the Parish Church of Wrotham;" and that the several Rectors shall and may be nominated or presented unto the said Parish Church of Wrotham by the Parliament, or the Committee for plundered Ministers, or such other Power as shall be by the Parliament appointed; and that the Inhabitants residing within the said Precincts of Wrotham, distinct from those of Plaxtoll and Stanstead aforesaid, shall and may elect, and have Power, and are hereby authorized, from Time to Time, respectively, to nominate and elect, Churchwardens, Clerks, Sextons, and all other accustomed Parochial Officers, in the said Parish, usually eligible within Parishes.
"And whereas the Sum of Forty-five Pounds, Seven Shillings, Three Pence Halfpenny Farthing, is payable, out of the said Parsonage of Wrotham, to the King's Majesty, for the First Fruits of the said Rectory; and the Sum of Twenty Pounds, One Shilling, Three Pence, for the First Fruits of the said Vicarage: Be it therefore further Ordered and Ordained, by the said Lords and Commons, That the Rector of Wrotham aforesaid for the Time being shall pay from henceforth, for the First Fruits of the said Rectory, the Sum of Thirty-six Pounds, Seven Pence Half-penny Farthing Half-farthing; and that the said Rector of Plaxtoll for the Time being shall pay from henceforth, for the First Fruits of the said Rectory of Plaxtoll, Fourteen Pounds, Four Shillings, Five-Pence Farthing; and that the said Rector of Stanstead shall from henceforth pay, for the First Fruits of the said Rectory of Stanstead, the Sum of Fifteen Pounds, Three Shillings, Five Pence Half-penny Half-farthing; which said several Sums shall be for the aforesaid Forty-five Pounds, Seven Shillings, Three Pence Half-penny Farthing, and Twenty Pounds, One Shilling, Three Pence, payable as aforesaid, for the said First Fruits of the said Rectory and Vicarage.
"And whereas the Sum of Five Pounds, Nine Shillings, Half-penny Farthing, is payable out of the said Parsonage of Wrotham, to the King's Majesty, for the Tenths of the said Rectory; and the Sum of Two Pounds, Four Shillings, Seven Pence, for the Tenths of the said Vicarage: Be it further Ordered and Ordained, by the said Lords and Commons, That the said (fn. 12) Rector of Wrotham for the Time being shall pay from henceforth, for the Tenths of the said Rectory, the Sum of Four Pounds, Half-penny Farthing, Half-farthing; and that the said Rector of Plaxtoll for the Time being shall pay from henceforth, for the Tenths of the said Rectory of Plaxtoll, the Sum of One Pound, Eleven Shillings, Seven Pence Farthing; and that the said (fn. 12) Rector of Stanstead shall from henceforth pay, for the Tenths of the said Rectory of Stanstead, One Pound, Thirteen Shillings, Eight Pence Half-penny Half-farthing; which said several Sums of Four Pounds Ob. Qr. Half-farthing, One Pound, Eleven Shillings, Seven Pence Qr. and One Pound, Thirteen Shillings, Eight Pence Ob. Qr. Half-farthing, shall be for the aforesaid Five Pounds, Nine Pence Halfpenny Farthing, and Two Pounds, Four Shillings, Seven Pence, payable as aforesaid, for the said Tenths of the said Rectory and Vicarage."
Bond added to the Committee for Westm. College.
"Ordered, by the Lords and Commons in Parliament assembled, That Mr. Denis Bond be added to the Committee for the College of Westminster, in the Place of Sir John Clotworthy."
Commissioners for Sequestrations in Heref.
"Ordered, by the Lords and Commons in Parliament assembled, That Robert Harley and Robert Kirle Esquires be added to the Committee of Sequestrations, for the County of Hereford, and the other associated County."
Ordinance for Preservation of Timber in the Forest of Deane.
"The Lords and Commons in this present Parliament assembled, taking into their Consideration the great Spoil, Waste, and Destruction of Timber, made of late Years throughout the whole Kingdom, and particularly in the Forest of Deane, are resolved to preserve the same by all good Ways and Means for Time to come; and therefore do hereby restrain and prohibit the Felling of any Timber hereafter, of Oak, Ash, Elm, or Beech, within the said Forest, upon any Pretence whatsoever; and that no Person or Persons whatsoever hereafter presume, on any Pretence whatsoever, to lop or top any of the said Timber Trees within the said Forest, or to do any Waste or Spoil in the same; and such Timber as is already felled, and now there remaining upon the Place, shall be disposed of and employed for the Use of the Navy, or as much thereof as the Officers of the Navy shall find fitting for that Service; and the Residue of the said Timber is to be disposed of by the Committee of the Revenue for the best Advantage, and the Monies thereupon proceeding to be paid unto the Earl of Salisbury, in Part of the Monies owing unto him, according to former Ordinances of Parliament in that Behalf."
Barnard to be instituted to Pirton;
Ordered, &c. That Doctor Aylett give Institution and Induction to Joel Barnard Clerk, Master of Arts, to the Vicarage of Pirton, in Com. Oxon, void by the Death of the last Incumbent; Salvo Jure, &c.: Abell Barnard, Patron.
Lloyd to Romney;
Ordered, That Dr. Aylett give Institution and Induction unto Rice Lloyde Batchelor in Divinity, to the Vicarage of New Rumney, in Com. Kent, void by the Death of the last Incumbent: salvo Jure, &c.: All Soules Colledge Oxon, Seal.
and Randall to Okested.
Ordered, That Dr. Aylett give Institution and Induction unto Rich'd Randall Clerk, to the Rectory of Oxsted, alias Oakestead, in Com. Surrey, void by the Death of the last Incumbent; salvo Jure, &c.: Charles Hoskins Esquire, Patron.
House adjourned till 10a cras.