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, 8 die Decembris.
PRAYERS, by Mr. Salawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Answer from the H. C.
Sir Edward and Mr. Page return with this Answer from the House of Commons:
That they agree that the Committee concerning the London Agents do meet this Afternoon, and so de Die in Diem.
Ordinance concerning Tonnage and Poundage.
The Ordinance concerning Tonnage and Poundage, was read, with the Amendments, and Agreed to; and Ordered to be sent to the House of Commons for their Concurrence.
Clarke and Cole.
This Day being appointed for arguing the Errors, in the Writ of Error between Clarke Plaintiff and Cole Defendant; the Defendant, with his Counsel, appeared: But the Plaintiff neither in Person nor by Counsel appeared, though he was served to appear this Day, as by Affidavit at the Bar appeared.
Whereupon the Defendant's Counsel was heard.
And the House, upon Consideration thereof, Ordered, That the Judgement given in the King's Bench be affirmed; and the Record returned into the King's Bench, that so Execution may be taken out accordingly; and that the Plaintiff shall pay Five Pounds Costs to the Defendant.
Compton and Barret.
The Errors in the Writ of Error between Compton Plaintiff and Barrett Defendant were this Day argued by Counsel.
And the House, upon Consideration thereof, Ordered, That the Judgement in the King's Bench is hereby affirmed; and the Record to be returned into the King's Bench, that so Execution may be taken away.
Day and Gutch.
The Errors in the Writ of Error between Day Plaintiff and Gutch Defendant were argued this Day, by Counsel on both Sides.
And the House, upon Consideration thereof, Ordered, That the Judgement given in the King's (fn. 1) Bench is hereby confirmed; and the Record to be remitted into the King's Bench, that so Execution may be taken out.
Message from the H. C. with Orders and an Ordinance;— and to remind the Lords of the One about Tonnage and Poundage.
A Message was brought from the House of Commons, by Sir Thomas Dacres Knight;
To desire their Lordships Concurrence in these Particulars:
1. An Order for continuing the Commissioners of the Great Seal for a longer Time. (Here enter it.)
2. An Ordinance for Seven Hundred Pounds to Sir Francis Willoughby. (Here enter.)
3. An Addition to the Ordinance formerly passed both Houses, for securing and re-paying Twenty Thousand Pounds to the Committee of the Eastern Association. (Here enter it.)
4. To put their Lordships in Mind of passing the Ordinance for Tonnage and Poundage.
The Answer returned was:
That concerning the Ordinance for Tonnage and Poundage, their Lordships will send a speedy Answer by Messengers of their own: To all the rest, this House agrees.
Durant and Sheppard.
This Day being appointed for arguing the Errors between Durrant Plaintiff, and Sheppard Defendant; the Counsel for the Defendant only appeared, and made it appear, "that the Error assigned by the Plaintiff is a common Error."
It is Ordered, That the Plaintiff shall shew Cause this Day Sevennight, why the Judgement given in the King's Bench in this Cause shall not be confirmed.
Parsons and Wadman.
Ordered, That the Errors in the Writ of Error depending in this House, between Parsons Plaintiff and Wadman Defendant, shall be argued, at this Bar, by Counsel on both Sides, on Tuesday Morning next, at Ten of the Clock.
E. of Leic. and Murdoch & al.
Ordered, That the Cause against Murdocke, &c. upon the Complaint of the Earl of Leycester, shall be heard To-morrow Morning, the First Cause.
Sir R. Grosvenor and Stone.
Upon reading a Report from the Judges:
(Here enter it.)
It is Ordered, That the Judgement in the King's Bench, in the Cause between Sir Richard Gresvenor Plaintiff and Thomas Stone Defendant, is hereby confirmed; and the Record to be transmitted into the King's Bench, that Execution may be taken out.
Examination concerning the Riot in The Strand, by some Soldiers.
Francis Pilfriman, Master of The Three Crane Tavern by The Savoy, and Edward Sacker, being examined upon Oath, what they knew concerning those Persons that lately stayed Persons in the Street over against The Savoy, in the Night-time;
And they said, "That there were about Eight or Nine Persons, who came out of a Cook's House over against The Savoy, and stayed Persons in the Street; and did call for Wine out of the Tavern, and forced them to drink the King's Health: That Colonel Wiltshire and one Pope was Two of them, and the Cook's Name is Pecke."
It is Ordered, That the further Examination of this Business is referred to Mr. Justice Edwards and Mr. Justice Cater; and they to send for the said Wiltshire, Pope, and Pecke, and report the Examinations to this House.
P. Elector, to export Horses.
Ordered, That the Prince Elector shall have a Pass, to transport Horses into Holland or France.
Porter, a Pass.
Ordered, That Mr. Philip Porter shall have a Pass, to go (fn. 2) with his Servant, into Flanders.
Order to continue the Commissioners of the Great Seal.
"Ordered, by the Lords and Commons assembled in Parliament, That the Great Seal of England shall remain in the Custody of the Commissioners it is now in, for the Space of Twenty Days after the End of the next Term, from the Expiration of the Time it is now continued for; and that the Commission for hearing of Causes in Chancery be renewed and continued for the like Term of Twenty Days after the End of the next Term."
Order for 700 l. to Sir F. Willoughby.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Seven Hundred Pounds be charged upon the Moiety of the Receipts at Gouldsmiths Hall not engaged (in Course), and paid unto Sir Francis Willoughby, or his Assignee, for the Relief and Supply of the extreme Necessity of his Lady and Children; and that the Acquittance of the said Sir Francis Willoughby, or his Assignee, shall be a sufficient Warrant and Discharge to the Treasurers at Goldsmiths Hall, for the Payment of the said Seven Hundred Pounds as aforesaid, accordingly."
Addition to the Ordinance for securing 20,000 l. to the Eastern Association.
"Resolved, &c, That these Words following be added unto the Ordinance passed both Houses, of 1 Decembris Instant, concerning the Twenty Thousand Pounds to be re-paid to the Eastern Association, in the Third Page of the said Ordinance, after the Words ["19th of November, 1647,"] videlicet, ["for so much only as concerns the Re-payment of the said Twenty Thousand Pounds unto the Eastern Association, out of the Assessments for the Army by the Treasurers at War be and is &c."]"
"Decimo octavo Die Novembris, 1647.
Sir R. Grosvenor and Stone.
"According to your Lordships Order, of the First Day of this Instant Month, touching the Writ of Error between Sir Richard Gresvenor Plaintiff, and Thomas Stone Defendant; in the Presence of the Counsel on both Sides, we have considered of the Objections made by the Plaintiff's Counsel in the said Cause: And we are of Opinion, notwithstanding the Objections aforesaid, That the Judgement given in the King's Bench ought to be affirmed. All which nevertheless we humbly leave to your Lordships grave Consideration.
London Agents, who encouraged the late Mutiny in the Army.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for the examining the Business concerning the London Agents are to meet this Afternoon, and so from Time to Time as they shall think fit."
Sir R. Grosvenor and Stone.
Upon the Report of Mr. Justice Phesant, Mr. Baron Atkins, and Mr. Justice Godbold, read this Day in the House, in a Cause between Grosvenor and Stone, upon a Writ of Error depending in this House:
It is Ordered, That the Judgement in the King's Bench between the said Parties is hereby affirmed; and that the Transcript of the Record shall be sent back to the Court of King's Bench, that Execution may be taken out according to Course; the said Writ of Error notwithstanding.
House adjourned till 10a cras.