Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 5 Maii.
PRAYERS, by Mr. Gibbons.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Hereford.
L. Viscount Say & Seale.
Upon reading the Petition of Nic. Hawes, against Ann Hawes Widow, &c. (Here enter it.) It is Ordered, That this House leaves the Parties on both Sides to the Law.
Col. Manwaring freed from an Arrest.
Upon Complaint made to this House, "That Colonel Randall Manwaringe, having the Protection of this House, is yet notwithstanding arrested upon Execution, and carried to Prison, by the Bailiffs of Westm."
Bailiffs sent for, for arresting him.
It is Ordered, That a Habeas Corpus be issued out, returnable immediatè, to bring the said Colonel Randall Manwaring, Corpus cum Causa, before the Lords in Parliament; and that the Bailiffs that arrested him contrary to the said Protection shall appear (fn. 1) before this House To-morrow Morning, to answer the same.
Papers concerning Ogle.
Ordered, That the Papers and Letters which concern Thomas Ogle shall be produced this Day Sevennight; and then this House will consider of them.
Precedency between the Vice-chancellor and Mayor of Cambridge.
This Day the House heard the Counsel and Witnesses on both Sides, in the Difference depending in this House, about Right of Precedency, between the Vice-chancellor of the University of Cambridge and the Mayor of the Town of Cambridge.
And it is Ordered, That this House will take the Business into Consideration on Friday Morning next; in the mean Time, the former Orders and Resolutions of this House touching this Business to remain as they now are in Force; and that the Witnesses are dismissed from further Attendance on this House concerning this Business.
Message from the H. C. with Ordinances, &c.
A Message was brought from the House of Commons, by Sir Rob't Harley Knight, &c.; who brought up divers Orders and Ordinances, wherein they desire their Lordships Concurrence.
The Answer returned was:
That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.
Committees that went into the City, for borrowing 200,000£. to meet.
Ordered, That the Committee of this (fn. 2) House shall meet with the Committee of the House of Commons that went into the City for borrowing Two Hundred Thousand Pounds this Afternoon; and report To-morrow Morning what is done concerning that Business.
Sir H. Mildmay and Sir T. Cheek.
Ordered, That the Cause between Sir Henry Mildmay and Sir Tho. Cheeke shall be heard this Day Sevennight.
Garrisons and Forces.
Ordered, That the Business concerning the Garrisons shall be taken into Consideration To-morrow Morning.
Hawes and Governors of Christ's Hospital versus Hawes.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of Nicholas Hawes Esquire Defendant, at the Suit of Anne Hawes Widow and the Governors of Christ's Hospitall Plaintiffs;
"That whereas, by an Order of the Sixth of March last (a Copy whereof is hereunto annexed), it is expressed (amongst other Things), That, in regard the last Verdict did pass with the now Petitioners, this Court did conceive it to be agreeable to Justice, that the Defendant should forthwith put in Security, such as this Court should allow of, for answering of such Mean Profits concerning the Premises as this Court shall at any Time order to be paid therein.
"Your Petitioner humbly sheweth, that, before your Petitioner's Recovery of the Premises, the Plaintiff Anne, by colour of a pretended Will only, held the Lands in Question Seven Years and a Half in the Time of Peace, when the Lands yielded most Benefit; yet never made your Petitioner any Recompence for the Mean Profits during the Time that she held the same, your Petitioner having obtained the Possession by a Decree in the Court of Wards, grounded upon a Verdict and Judgement thereupon at Law, so as there is no Cause, as your Petitioner humbly conceiveth, to answer any Mean Profits.
"Your Petitioner therefore humbly prayeth, that the putting in of Security for the Mean Profits may be spared; and that the Plaintiff Anne may be left to her Course of Law, to recover the same, if any such shall be found due unto her.
"And whereas, by the said Order, a new Trial at Law is directed;
"Your Petitioner humbly prayeth, that your Lordships would be pleased to order, that the same Trial may be by a substantial Jury of Knights, Esquires, and Gentlemen of Quality; it being a Matter of considerable Value, and concerns your Petitioner's whole Estate.
"And your Petitioner shall pray, &c.
Rumney to be instituted to Hanworth;
Ordered, That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Symon Rumney Clerk, Master of Arts, to the Rectory of Hanworth, in the County of Midd. void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Rumney taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.
and Jordain to Sandury;
Ordered, That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Henry Jordaine Clerk, Batchelor of Arts, to the Vicarage of Sandury, in the County of Midd. void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Jordaine taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.
Order for Persons to assist Lisle in searching for Precedents about Impostmoney.
Upon the Petition of Lawrence Lisle, read this Day in the House, being ordered to gather up the Monies arrear for the Bills of Impost:
It is Ordered, That Captain Thomas Fawconbridge is hereby required to give Assistance to the Petitioner, in searching such Records and Tallies as are in his Custody, and to make Certificate thereof under his Hand into this House; as also that the several Farmers of the late Customs, who had the Payment of the Monies for the Bills of Impost upon Tallies, do make Certificate what Monies they have paid unto Mr. Leachland deceased, for Bills of Impost, during his Time of Payment of the said Monies; and lastly, that George Bingly, One of the Auditors of the Prests, who passed their Accompts, may certify likewise what Money for the Bills of Impost they have paid by Tallies unto the said Mr. Leachland: And herein Obedience is to be given, by such whom this doth concern, as the contrary will be answered to this House.
House adjourned till 10a cras.