Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 2 die Januarii.
L. Viscount Say & Seale.
Woburn Inhabitants Petition, for a Collection for their Losses.
Upon reading the Petition of the Inhabitants of the distressed Town of Woborne, in the County of Bedd. shewing, "That their Town hath been fired by the Enemy, and that the said Town hath suffered to the Sum of Three Thousand Pounds; desiring a Brief in the Cities of Lond. and Westm. and the associated Counties."
Vaughan's Petition, to be Prothonotary of Montgomery, &c.
Ordinance concerning the Chapels of Newton, &c. in Winwick.
Ordinance concerning the Chapels of Newton, Ashton, and Newechurck, within the Parish of Winwicke, in the County of Lancaster, was reported fit to pass, from the Committee; and read accordingly, and passed; and to be sent to the House of Commons.
Gee's Ordinance, to be Rector of Eccleston;
and Latham's for Harwich.
Poor Irish Women, Petition.
Message to the H. C. with Ordinances;
with the Woburn, Vaughar.'s, and Jones's Petitions.
and about the Papers from the Committee of the Admiralty.
5. To put them in Mind of Captain Locker's Business, and the Signing of the Letter to the Governor of Flanders, and about the Payment of the Ships that convoyed the Fishermen, and about the Payment of the Money to the Dutchmen for Powder.
Mr. Rowe sent for, for not giving an Account of his Negociation in Scotland.
Ordered, That Mr. Row, that was sent into Scotland to the Parliament there, by the Houses of Parliament here, shall appear before this House To-morrow Morning, to give a Reason why he hath not given an Account of the Business he was trusted withall to this House.
Colonel Mosely freed from an Arrest.
It is Ordered, That he shall be released from his present Restraint and Imprisonment concerning this Business, and the Proceedings against him to be staid; and it is referred to the Committee of Accompts, to cast up his Arrears.
Articles for Wareham.
Woodhouse sent for from Plymouth again.
Upon Information to this House, "That Kettleby Woodhouse was sent for, by Order of this House, from Plymouth, being imprisoned there; and there being no Cause of his Offence returned, nor any did appear to prosecute against him, whereupon this House set him free and discharged him: But, upon his Return to Plymouth, he is again imprisoned, for the same Business as is informed."
Hereupon this House Ordered, That the said Kettleby Woodhouse shall be sent up to this House, and the Cause of his Commitment returned with him; and then this House will take the same into further Consideration.
Mrs. Cromwell versus Sir H. Tracy.
And the Counsel of the Defendant desired, "That the Plaintiff may be left to take (fn. 1) her ordinary Course, by Way of Bill of Review."
Sir W. Russell & al. versus Lenthall & al.
Ordered, That this House will take into Consideration what Judgement to give in the Cause between Sir Wm. Russell and others, and Mr. Lenthall and others, on Wednesday next; at which Time no Counsel is to attend.
Earl of Stamford's Business.
Paper from the Scots Commissioners, about the Propositions concerning the Militia.
"Haveinge received Yesterday, from your Lordships, Propositions concerning the Militia of the Kingdomes of England and Ireland, which your Lordships desire may bee presented to the Kinge, in the Place of the former Propositions concerning the Militia, on the Behalfe of the Kingdome of England; wee desire to knowe from your Lordships, whether the Houses intend any further Alterations of, or Additions to, the Propositions formerly agreed on betweene the Kingdomes, and what those Alterations (fn. 2) or Additions are; and that the whole may bee taken into Consideration together.
Articles for the Surrender of Wareham.
"6. That, before they leave the County, they receive One Month's Pay, and Provision for their Men till that be paid; and that the above-named Officers and Committee use all possible Means to the Parliament, before their embarking for Ireland, that they may receive Two Months Pay out of their Arrears due for the Service of Ireland.
"8. That the Inhabitants of the Town of Wareham, and all others repaired thither, may, whether they be absent or present, have Liberty to enjoy and dispose of their Estates according to the Laws of the Land, paying such Contributions as all others under Obedience to the King and Parliament.
Mrs. Cromwell versus Sir H. Tracy.
"The Allegation of Sir Humfrey Tracy Baronet, to the Petition of Anne Cromwell, Daughter of Sir Phillip Cromwell Knight, and Dame Mary his Wife, presented to the Right Honourable the Lords assembled in Parliament.
"The said Respondent saith, That, notwithstanding any Thing alledged and set forth by the said Petitioner in and by her said Petition, and although that since the said Respondent hath intermarried with the said Elizabeth Leigh in the Petition mentioned; yet, forasmuch as the said Decree in the Petition mentioned was made the 25th Day of October, in the One and Twentieth Year of His late Majesty King James' Reign; upon a full and judicial Hearing, and no Question made of any Injustice or Irregularity therein in all this Time; and for that the said Lands and Tenements thereby decreed have been enjoyed under the said Decree for above Two and Twenty Years; and for that it appears, that the said Petitioner, though an Infant, did answer by her Guardian Sir Phillip Cromwell, her Father and Guardian; and for that the said Court of Chancery, before the same Cause was heard, did judicially proceed upon the Proofs, which at that Time satisfied the Court; and for that the Lord Keeper was assisted with Two Judges, the Lord Hobert and Justice Chamberlaine; and for that it is against all Rules of Justice, as this Respondent humbly conceives, to have a Petition preferred before your Lordships before there be Failure of Justice in the Court of Chancery, either by reason of Injustice or for Want of Jurisdiction; and for that the said Court of Chancery is open, and (fn. 3) hath been open for these Twenty Years last past, where the said Petitioner heretofore might, or yet may, exhibit (fn. 4) her Bill of Review, if there had been any Error in the said Decree as is now pretended; and for that no Corruption is charged; and for that it tends much to the Dishonour of the Court of Chancery, and other Courts, to have their Judgements and Decrees questioned originally, while there is other Relief in an ordinary Way and Course; and for that there was a Bill afterwards preferred by John Carey, Son and Heir of Sir Phillip Cary Knight, and others, against Elizabeth Hampden Widow, and, upon a full Hearing, Decree made by the then Lord Keeper and Judges Assistants, the 14th Day of October, in the 22th Year of His said late Majesty King James, upon the same Title:
"For all these Causes, and for divers other apparent Defaults and Imperfections in the said Petition; and for that a former Bill of Review was brought by Henry Cromwell in the Court of Chancery, against John Carey and others, to reverse the said Decree, and afterwards upon a Demurrer dismissed:
"Therefore, and for divers other apparent Defects in the said Petition, this Respondent doth humbly demand, and abide in the Judgement of your Lordships, whether he shall be at all compelled to make any further or other Answer to the said Petition, or to any of the Matters therein set forth: All which Matters this Respondent is ready to aver, and (fn. 5) prove by the Records and Proceedings of the said Court of Chancery; and humbly prays, that your Lordships will be pleased not further to be troubled herein; but that this Respondent may be dismissed from further Attendance, with Costs.