DIE Mercurii, 15 die Aprilis.
PRAYERS, by Mr. Stirry.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Wall to be instituted to Laverstock.
Ordered, That Sir Nath. Brent do institute and
induct Edward Wall to the Rectory of Laverstocke, in
the County of Hampshire; being presented to the same
by Tho. Hussey Esquire, the Patron thereof.
Ordinance for Thomas and Oliver to be Ministers of Wells.
An Ordinance was this Day brought into this House,
for placing Mr. Wm. Thomas and Mr. Sam. Oliver to be
Ministers of Wells, in the County of Som'sett; and being Thrice (fn. *) read, it was passed, and Ordered to be
sent to the House of Commons, for their Concurrence
Sir J. Worstenholme to have the Benefit of the Articles for the Surrender of York.
The Lord North reported, "That the Committee
hath considered of the Business concerning Sir John
Worstenholme: And their Opinion is, upon the Perusal of the Articles of Yorke, That he enjoy the Benefit of those Articles; and that his Person and his
Estate be free from all Sequestration, according to
Which this House approved of; and Ordered, To
desire the Concurrence of the House of Commons
E. of North'ton, Leave to remain within the Lines.
Ordered, That the Earl of North'ton shall have
further Time to stay within the Lines of Communication, videlicet, till Tuesday come Sevennight.
Ordinance for Mortimer and Norfolk to be Serjeants at Arms.
A new Ordinance was brought into the House this
Day, for making James Mortimer Gentleman to be a
Serjeant at Arms, in the Room and Place of Mathew
Francis; and James Norff. to be a Serjeant at Arms, in
the Room and Place of Sir John Cotton Knight; which
being read Three Times, it was passed, and Ordered
to be sent to the House of Commons for their Concurrence.
Pettit & al. and Rednes & al.
Ordered, That the Business between Petite and
others, against Rednes and others, shall (fn. *) be peremptorily heard To-morrow Morning.
Cooper and Braems.
The Report of the Delegates concerning Mr. Cooper's Cause was read. (Here enter it.)
Col. Lilburn's Ordinance.
The Lord Wharton reported from the Committee, an
Ordinance concerning John Lylborne, concerning his
Damages given by this House. Read Once, and Ordered to be read To-morrow the Second Time.
Ordered, That the Cause of John James shall be
heard on Saturday next.
Dr. Bastwick's Damages to be paid out of the Estates of the D. of Richmond & al.
The Lord Willoughby reported from the Committee for
Doctor Bastwick's Business, "That they are of Opinion,
That he have his Damages given him by this House,
out of the Estates of the Duke of Richmond, Earl
of Dorsett, and Lord Cottington, and Sir Francis Windibanke."
And it is Ordered, That an Ordinance be drawn,
and presented to this House, for this Purpose, after the
same Tenor as the Ordinance for Lieutenant Colonel
Report of the Conference concerning the Scotch Papers.
The Speaker reported the Effect of the Conference
Yesterday with the House of Commons; which was,
"That Mr. Lisle said, That the Occasion of the
Conference was concerning a Book which came to
their Information, intituled, "Some Papers of the Commissioners of Scotland;" wherein they find in some
Things both Scandal and Falsehood; whereupon they
had made a Vote, wherein they desired their Lordships
"The Vote was read.
"After the Vote was read; it was said, That
whereas the Vote speaks of putting the Business into a
Way of Examination, the House of Commons have
already made some Progress in the Examination; and
read some Examinations, which were not delivered at
the Conference, because they were in further Examination of it.
Scandal against the Parliament in them.
"After this, Sir John Evelyn said, That concerning
the Manner of the Examination, Bostock the Printer,
being examined, prevaricated, and would not confess
of whom he had the Papers; whereupon they examined his Servant, who confessed who brought them;
upon which, Bostock, upon a Second Examination,
made a voluntary Confession how he came by the Papers: And whereas there is Mention made in the Examination of the Scots Commissioners, "he was commanded by the House of Commons;" that there was
no Examination made concerning the Scotts Commissioners; neither do they intend it, but it was a free
and voluntary Confession of Bostocke.
"He said further, That in the Preface, there is an
Endeavour to intimate to the People, to draw them
from the Parliament, That, because the Parliament
would not settle the Government of the Church in
that Way as some desire, therefore they will settle
none; and because the Parliament will not settle the
Militia of this Kingdom as some desired, therefore
the Houses of Parliament will have no Peace, and
intend to alter the Government of this Kingdom.
"The House of Commons, therefore, are of Opinion, That, unless some Declaration be speedily published, to vindicate the Parliament from these Scandals, there may much Prejudice come to the Proceedings of Parliament. Therefore the House of
Commons intends speedily to publish a Declaration,
That it is the Intent of the Parliament to settle Church
Government as near as they can according to the
Word of God; and that the Parliament intends not to
alter the Government of the Kingdom: But, because
this will require some Time, they thought fit for the
present to make this Vote, wherein they desire their
Upon this, the House read the Book, as they were
marked by the House of Commons.
Ordered, That this Business shall be taken into
Consideration To-morrow Morning, at Ten a Clock, at
which Time the Lords are to have Notice to be here
Report concerning the Cause between Cooper and Braems, &c.
"To the Right Honourable the Lords assembled
"Whereas your Lordships have been pleased to refer the Matters of Fact contained in a Petition exhibited in this House, on the Behalf of William Cooper
and Sussanna his Wife, and Daniell Braems and Mary
his Wife, to the Examination and Report of the
Court of Delegates; we, the Judges Delegates hereunto subscribing, having strictly examined the Fact in
the said Business, do hereby humbly certify,
"That we find it to have been acted and done as
"That the Controversy depending in the Delegates
Court is solely concerning the Validity or Invalidity
of the Will of the Lady Crane deceased; wherein
Marthanna Wilson the Appellant, a Stranger in Blood,
is named Executrix.
"That the said Will is opposed by the Petitioners,
being the next of Kin to the Deceased, who did exhibit an Allegation Exceptive, consisting of Fiftyseven Articles; which Allegation was admitted by
Dr. Sames and Mr. Sadler, Two of the Delegates
in the Cause, on the Second of January last, quatenus
de Jure, & sub omnibus Limitationibus, which is the
same as to admit the Allegation de bene esse, and so
far as the particular Articles are legally admissible;
and under this Restriction, that no Publication of the
Depositions of the Witnesses thereupon to be produced should be granted, till Information first had
concerning the Concludency of the Allegation.
"The Opposers of the Will produced Eighteen
Witnesses upon their said Allegation, and procured
Eleven of them to be examined, and waved the rest;
and having so done, obtained a Decree to call Mrs.
Wilson's Proctor to see Publication awarded, returnable 4to Martii; and the Parties on both Sides, by
their Counsel, appeared accordingly, there being
then present Doctor Heath, Doctor Aylett, and Doctor
Wiseman, Delegates, before whom the Opposers of
the Will in the First Place desired Publication of their
Witnesses examined upon their said Exceptive Matter:
But that was objected against by the Appellant's Party,
for Two Reasons; First, because the Seven Witnesses
by them produced, and afterwards waved, had not
answered the Appellant's Cross Interrogatories (though
in Rei Veritate those Seven were not examined on any
Side); and Secondly, because the Allegation whereon their said Witnesses were examined was admitted
but conditionally, and under such Limitations as that
there ought first to be an Information had how far
the Allegation is by Law concludent and admissible,
before any Publication be decreed; which the said
Delegates finding so to be, resolved to proceed to the
Discussion of the Concludency or Inconcludency of
the Allegation before they would proceed to Publication; whereupon Doctor Sames, about the Beginning of the Dispute concerning the Allegation,
coming to sit with the said Judges, and being a little
after called away to sit upon Admiralty Affairs, departed from the rest; and Dr. King, being of Counsel for Mr. Wilson, objected against the Admission of
the 9th, 25, 28, 29, 30, 31, 37, 38, 39, and 56
Articles of the said Allegation. The Petitioners, by
Doctor Walker their Counsel, argued in Defence of
One or Two of the first of them: But Doctor Sames
being called away, and Doctor Walker, being the
(fn. *) Advocate of the Admiralty, and engaged in Admiralty Affairs, withdrew with him; and the Proctor of
the Petitioners, and some of the Parties, perceiving
the Judges to incline to the expunging of these Articles and all of that Nature, withdrew themselves
also, without using any further Argument or Dispute
to maintain the rest; and thereupon, the Petitioners
and their Counsel having withdrawn themselves as
aforesaid, the said Judges, (videlicet,) Doctor Heath,
Doctor Aylett, and Dr. Wiseman, proceeded to take
Informations from Doctor King Mrs. Wilson's Advocate, and did think fit to expunge the said Articles,
for these Reasons following; (videlicet,) the 9, 25,
37, and 38 Articles, so far as they concern Mrs. Wilson the Party Principal only; and the 56 Article
wholly, as all containing scandalous Matter: Concerning the 28, 29, and 31 Articles, the said Judges
delivered their Opinions, That the Crimes therein
charged, if proved, are very great and dangerous;
(fn. *) yet, in regard there is a Committee of Examinations
and other apt Means constituted for the punishing of
such Delinquencies, they esteemed themselves no competent Judges to take Cognizance thereof; referred
the Petitioners to take their Course accordingly, and
thought fit to expunge those Articles: Also the 30th
and 29th Articles the said Judges totally rejected, as
impertinent and inconcludent in themselves: And for
all the rest of the Allegations, they ordered that it
should stand as admitted, quatenus de Jure.
"Having thus done, the Register asking the Pleasures
of the said Judges concerning the Matter of Publication; it was answered by Mrs. Wilson's Proctor, "That
the Parties that should desire it had deserted their Petition, and were gone; and that there was nobody
to ask Publication:" Whereupon the said Judges arose,
and decreed nothing farther then.
"Thus having punctually related the Truth of the
Fact concerning the Matter of the Petition, as by the
Copies of the said Petitions, and the Act of the Proceedings, and the Order hereunto annexed, will appear; we humbly leave the same to your Lordships
House adjourned till 10a cras.