DIE Mercurii, 7 die Maii.
PRAYERS, by Doctor Gouge.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Doctor Elliott recommended for the Parsonage of Rendlesham.
Upon reading the Petition of Doctor James Eliott;
shewing, "That the Parsonage of Rendlesham, in the
County of Suffolke, is void, by the Death of the late
Incumbent Mr. Hubbert, it being in the Gift of the
King, and above Value."
It is Ordered, That the Petitioner be recommended
to the House of Commons; and their Concurrence to
be desired, that he may be presented to the said Parsonage.
Countess Rivers not to be assessed by the Committee of Essex.
Upon reading the Petition of Eliz. Countess Rivers;
shewing, "That she hath received a Ticket for the
Loan of Two Hundred Pounds, towards the Assistance
of the Scotts, according to the Ordinance of the 2 Dec.
last:" And in regard of a Proviso in the said
Ordinance, That no Peers of this Kingdom, &c. be assessed by the said Ordinance, but by the respective
Houses, and by the Peers: It is Ordered, That the
Committee in Essex do forbear any Proceedings upon
the said Assessment; this House being resolved to assess
her as a Peer, according to the said Ordinance.
Message from the H. C. about publishing the Directory, and keeping scandalous Persons from the Sacrament.
A Message was brought from the House of Commons,
by Mr. Rous, &c.
To desire their Lordships Concurrence in divers Votes,
concerning the keeping ignorant and scandalous Persons
from the Sacrament, and the publishing of the Directory.
The Answer returned was:
That this House will take this Message into Consideration, and send an Answer by Messengers of their
Ordered, That the aforesaid Votes shall be taken
into Consideration To-morrow Morning.
Smith to have a Writ of Error in the Suit between him and Turnor.
Upon reading the Petition of John Smyth, of Lamarsh, in the County of Essex, Gentleman; shewing,
That, in a Suit between him and one Turnor, had
this Term in His Majesty's Court of King's Bench,
touching a Title of Land of great Value, that the
said Turnor obtained a Verdict against him; that the
Proceedings thereupon are erroneous; and that, in
regard of the Absence of His Majesty, the Petitioner
is remediless of his just and legal Proceedings upon
his Writ of Error, returnable before this House, for
his Relief herein; wherefore he humbly prays this
House would order, to admit him to his legal Writ of
Error in Parliament, which he will prosecute with
It is Ordered, That the Petitioner shall have a
Warrant issued out for a Writ of Error, according to
the usual Course.
Message from the H. C. with Orders, &c.
A Message was brought from the House of Commons,
by Sir Rob't Pye Knight;
To desire their Lordships Concurrence in these Particulars:
1. Votes concerning the Household of the King's Children. (Here enter it.)
2. An Order to advance Five Hundred Pounds, for
the Garrison of Henley. (Here enter it.)
3. An Order, That the Divines of the Assembly be
desired to hasten the Dispatch of the Matters which
concern the Government of the Church, the Confession
of Faith, and the Catechism.
4. An Order to refer to the Members of both Houses
of the Committee of both Kingdoms, to receive the
Messages that come by Trumpeters from the King's
5. That Mr. Ric'd Byfield, of Long Ditton, in the
County of Surrey, be added to the Assembly of Divines,
in the Room of Doctor Featly, deceased.
6. An Order, That the Commissioners for the Great
Seal may be authorized and desired to pass the Commission and Instructions, to make Sir Charles Coote, Knight
and Baronet, Lord President and Chief Governor of
the Province of Connaught, in the Kingdom of Ireland.
(Here enter it.)
7. To desire Expedition in the Order for referring
The States Ambassador's last Paper to the Committee
for Foreign Affairs.
The Answer returned was:
That this House will send an Answer, by Messengers
of their own, to the Order for referring the Messages
brought by Trumpeters to the Members of both Houses
that are of the Committee of both Kingdoms: To all the
rest of the Particulars, this House doth agree.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons, to the Message sent
That they agree to the Ordinance for re-calling Sir
Thomas Fairefax and Major General Skippon, and to the
Alterations in the Ordinance concerning Gloucester:
(Here enter it.) And to Nomination of Thomas Ayloff to
be a Deputy Lieutenant for the County of Essex. As
to the exchanging of Colonel Ric'd Feilding, they will
send an Answer to it by Messengers of their own.
Ordinance for a Committee to command the Fleet.
The House was adjourned into a Committee during
Pleasure, to take into Consideration the Ordinance for
appointing Persons to command in this Summer's Fleet:
The House being resumed;
Reasons to be drawn up, for not agreeing to it.
It is Ordered, That it be referred to the Committee
of Lords for the Admiralty, to draw up Reasons, to be
offered to the House of Commons, at a Conference,
To-morrow Morning, why this House cannot agree to
this Ordinance now brought up from the House of
Commons; and why their Lordships think it (fn. *) fit the
Command should be put in the Hand of One Person, and
not into several Hands.
Ordered, That the Earls of Manchester, Denbigh,
Bolingbrooke, and the Lord Willoughby, be added to the
said Committee, for this present Business; and the Committee to meet this Afternoon, at Three a Clock, or
any Two of them.
Wise, for a Disturbance in Sutton Marsh.
Ordered, That the Cause concerning Sutton Marsh
shall be heard on Friday next, at which Time Thomas
Wise shall be brought to attend this House.
Ordered, That the Committee for the Forts shall
meet this Afternoon, at Three a Clock.
E of Northumberland 3000l. per Annum, for the King's Children.
"The Commons in Parliament assembled do agree
with the Committee for regulating of the King's
Childrens Family; and do consent that Three Thousand Pounds per Annum be allowed to the Earl of
Report concerning their Household.
"It is Ordered, by the Commons House of Parliament, That the Remainder of this Report be re-committed; and they are to bring in a List of such of
the Servants as are now in, and of their particular
Establishments, and a List of such as they intend to
discharge, and what Proportions they intend to allow
them for their Subsistence; and it is especially recommended unto them, to have a Regard to such as
have been recommended or voted by this House:
They are likewise to enquire into, and to represent,
the Names of such of the Servants as have been
sworn at Oxford: It is further Ordered, That the
humble Petition of the Servants attending the Royal
Children in Household Offices be referred to the Consideration of the same Committee."
The Lords assent to this Order.
Order for 500l. for the Garrison of Henley.
"Ordered, by the Lords and Commons, [ (fn. *) That the
Committee] for Advance of Monies at Habberdashers
Hall do forthwith advance, by Way of Loan, the Sum of
Five Hundred Pounds, to be employed for the Service
of the Garrison of Henly, and to be paid unto Thomas
Knight Esquire, to be issued out by him according to such
Warrants as he shall receive from the Committee of
the Three Counties."
Commissioners of the Great Seal, to pass Sir Charles Coote's Commission.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Commissioners of the Great
Seal are hereby authorized and desired to pass the
Commission and Instructions to make Sir Charles Coote,
Knight and Baronet, Lord President and Chief Governor of the Province of Connaght, in the Kingdom
of Ireland; and this Ordinance shall be a sufficient
Authority for their so doing."
Ordinance to apply the concealed Delinquents Estates for the Counties of Gloucester, &c.
"Whereas there is great Necessity for providing of
Monies, for the raising and maintaining Horse and Foot,
for the Garrison of Gloucester, and for the Counties
of Gloucester, Hereford, Monmouth, Glamorgan, Brecknocke, and Radnor: Be it Ordained, by the Lords and
Commons in Parliament assembled, That the Estates
and Debts of such Malignants, Delinquents, and
Papists, not yet sequestered nor discovered, and
which shall be discovered by the Committees of
the aforesaid Counties, or any of them, or by such
Person and Persons as they, or any of them, shall
authorize for that Purpose (and shall fall within
the Rule of the Ordinance directing Sequestrations),
shall be allowed by the said Committee, and paid
over unto them, for Advancement of the said Service, upon Accompt; and that the Receipt or Acquittance of the said Committee for the same, under
the Hands and Seals of any Three or more of them,
shall be a sufficient Discharge in that Behalf, unto
the Person or Persons so paying the same, against any
the said Malignants, Delinquents, or Papists respectively, and be pleaded in Bar in any Action or Suit,
upon and of any Bond, Specialty, or other Security,
whereby the same shall become due unto the said
Malignants, Delinquents, or Papists, or unto any One
of them respectively, provided the said concealed
Estates exceed not the Sum of Six Thousand Pounds;
and that the said Committee, or any Person or Persons authorized by them as aforesaid, nor any of
them, shall possess themselves of the said Malignants,
Delinquents, or Papists Estates, before he or they acquaint the Committee of Examinations therewith,
or any Five or more of them (the said Committee
sitting), to the End they may judge of their Delinquency before his or their Estates be sequestered and taken away.
"Provided also, That such Appeals shall be allowed
herein to the Committee of the Lords and Commons for
Sequestration, as in like Cases hath been used and approved."
E. of Suffolke's Cause.
"The Lord Viscount Say & Seale reported to this
House, That the Committee for the Earl of Suffolke's
Business have divers Times met, and heard Counsel,
touching Two Common Recoveries had against * him
in his Minority, being then but Fourteen Years of
Age, and was brought in to be vouched and made
Party by Guardians, without any Knowledge thereof,
by the Cunning and Fraud of Sir Robert Hitchen, who
purchased the Manor of Framlingham, under those
Recoveries: After many Days hearing the Counsel
on both Sides, the Counsel for the Defendants stood
upon it, That the House of Lords had no Power
nor Jurisdiction to give Relief to the Petitioner against
the said Judgements; and alledged the Statute of
4 Hen. IV. which prohibits the questioning or examining Judgements had in the King's Courts; and
alledged other Matters to that Purpose: But the
Counsel of the Petitioner denied that the Statute
4 Hen. IV. did intend to prohibit the House of
Lords, but other Inferior Courts; and further said,
with some Clearness, That where there is good Matter of Equity for the Plaintiff, or Fraud in the Defendant, the Matter of Equity or Fraud may be examined in the Court of Equity, and thereupon the
Party may be relieved against a Judgement; and this is
the common Practice in the Chancery: And (a fortiori,)
the House of Lords, being a Superior Court, may
give Relief to the Petitioner in this Case, according to Equity, and against the Fraud."
Hereupon it is Ordered, That the Parties on both
Sides shall be heard, by their Counsel, at this Bar, on
Thursday come Fortnight; and timely Notice hereof to
be given, that so the Counsel may be the better provided for the Hearing of the Cause.