DIE Veneris, 27 die Novembris.
PRAYERS, by Mr. Thoroughgood.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
L. Viscount Hereford.
Ly. Burgh's Petition, for the Arrears of her Pension.
A Petition of the Lady Ann Burgh, was read; shewing,
"That Queen Eliz. by Her Letters Patents, did, in
Consideration of faithful Service done by her Lord
in Ireland, then Deputy, and there poisoned, grant
unto Francis Lady Burgh, the Petitioner's Mother,
a Pension of Four Hundred Pounds per Annum, which
was duly paid to Her out of the Exchequer all the
Time of Her Reign, and King James' and a great Part
of His Majesty's Reign that now is; of which Pension
there is One Thousand Eight Hundred Pounds due:
That her said Mother, intending the Advancement
and Livelihood of the Petitioner, was pleased to
bestow the said Arrears of her Pension upon the Petitioner: Therefore the Petitioner desires that the Sum
of One Thousand Eight Hundred Pounds Arrear may
be paid her, by One Hundred Pounds a Quarter, or
by such other Proportion as shall be thought fit."
It is Ordered, To be recommended to the House
Ordinance for an Estate of 200 l. to be granted to Peters.
The Lord Wharton reported from the Committee, the
Ordinance concerning Mr. Hugh Peters, as fit to pass,
without any Alterations.
And the House was adjourned into a Committee of
the whole House, to take the said Ordinance into further
The House was resumed.
These Two Questions were moved:
"1. Whether to re-commit the Ordinance to the
same Committee, or not?
"2. Whether to give it this Day the Third
And the Question was put, "Whether the First
Question shall be first put?"
And it was Resolved in the Affirmative.
Resolved, upon the Question, That this Ordinance
shall be re-committed to the same Committee.
Ordered, That the Committee shall meet To-morrow
Morning, and have Power to adjourn themselves from
Time to Time as they shall see Cause.
Message to the H C. for the Conference about the Earls of Northumb. and Pemb.- and about L. Grey's Business.
Sir Edward Leech and Mr. Page this Day signified to
the House, "That Yesterday they attended at the House
of Commons; and they were in such Business as they
could not be admitted in."
Therefore the House Ordered the said Messengers to
deliver it at the Rising of their House this Day, To desire
a Conference To-morrow Morning, at Eleven of the
Clock; and that they put them in Mind of the Lord
Grey's Business, formerly sent down to them.
Report about the Post-office.
The Lord Willoughby made Report from the Committee
concerning (fn. *) the Letter-office, which the Earl of Warwicke holds; It being the State of the Matter of Fact.
Ordered, That this Business be laid aside, until an
Answer be put in to the Lord Stanhope's Petition depending in this House.
Howes and Williams in Error.
This Day being appointed for hearing the Errors to
be argued at this Bar, in the Writ of Error between
Howes Plaintiff and Williams Defendant, to reverse a
Judgement in the King's Bench, upon an Ejectione Firmæ:
But the Person of the Defendant attending with his
Counsel, but the Person nor the Counsel of the Plantiff
appearing; and Affidavit being made at the Bar, "That
the Attorney of the Plantiff had Notice of it:"
Upon this, the House took the Errors into Consideration; and Ordered and Adjudged, That the Judgement in the King's Bench is hereby confirmed; and to
be remitted into the King's Bench Court, that so Execution may be taken out accordingly.
E. of Northton and Doughty.
This Day Thomas Doughty was called in, and demanded, "Why he did not deliver to the Earl of
North'ton the Writings, according to the Order of
this House?" Who said, "He had delivered them to
the Earl of Northton's Mother; they being Writings
concerning her Estate, and he being but in Trust for
It is Ordered, That the said Thomas Doughty be
discharged from any further Attendance upon this House
concerning this Business; and the Matter referred to the
ordinary Course of Law.
Report concerning the Inland Post-office, between the E. of Warwick and Witherings.
"A Report of the State of the Inland
9 Julii, 1646.
8 Sept. 1642.
25 Nov. 1642.
"The Earl of Warwick petitions the
Lords, That the Inland Letter-office
was by Letters Patents granted to
Thomas Witherings, and since assigned
to the said Earl; and that the same,
about 1640, was sequestered into the
Hands of Phillip Burlemachy, who, by
colour thereof, received the Profits:
That afterwards, upon a Petition preferred to the House of Commons, the
said House voted the said Sequestration illegal and void, and that it ought
to be taken off; and that the said Burlemachy and his Deputies should forthwith bring in an Accompt of the Profits of the Office received by him or
his Deputies since the said illegal Sequestration: Which Votes being transmitted to this House, 8 Sept. 1642,
accordingly resolved by the Lords in
Parliament; in Pursuance of which
Resolution, it was, 25 November,
1642, Ordered by the Lords in Parliament, That the Possession of the said
Letter-office should, upon Sight of that
Order, be delivered to the Petitioner
and his Assigns, by the said Burlemachy, and all others having or claiming
the Possession thereof; and that the
said Burlemacby, his Deputies, Agents,
Posts, and Post-masters, and such others
as had received any Profits out of the
said Office, should within Eight Days
bring in an Accompt, upon Oath, of
all the Profits of the same since the
said Sequestration; which Order was
afterwards, upon Hearing, 2 Dec.
1642, confirmed; and further Ordered,
That the Posts and others, claiming the
Possession of the said Office, after Sight
of that Order, should bring all Mails
of Letters to such Place as the Petitioner or his Deputy should appoint,
and also to attend to receive the Mails
of Letters as should be delivered unto
them; and that it should be lawful for
the said Petitioner to send all Mails of
Letters; and that, if any of the Posts
should refuse to bring the Mails of
Letters to such Place so appointed, or
to receive and carry the Mails back,
that the Petitioner should have Power
to displace such Post-masters, until he
or they should conform themselves to
the said Order: And the said Earl
sets forth, that, by reason of the Distractions of the Times and his Public
Employments, he had not any Fruit of
the said Orders, and desires Relief
9 July, 1646.
"Lords Committees appointed to consider of the Petition, and to state the
Matter of Fact (Judge Phesant and
Judge Rolls Assistants).
22 July, 1646.
"Ordered, That Mr. Justice Roll
do report his Opinion to all such Particulars concerning the Validity of the
said Patent as the Committee shall
think fit to ask him; and do likewise
deliver such Opinion as Mr. Justice
Phesant hath left with him to deliver.
22 July, 13° Car.
"We have examined the said Orders
set down in the Petition; and we do
find them truly recited; and that,
22 Julii, 13° Caroli, the King granted
the Inland Letter-office to Thomas Witherings for Life; and that, in 1640,
the said Office was sequestered into the
Hands of Burlemachy: Whereupon
the Order of both Houses was made,
That the Sequestration was illegal and
void, and ought to be taken off; and
the Orders as they are recited in the
"Upon the Perusal of the said Patent,
we desired the Opinion of Mr. Justice
Pheasant and Mr. Justice Rolls concerning the same.
"And Mr. Justice Rolls did deliver his
Opinion, and that Mr. Justice Pheasant
was of the same Opinion, That the
Inland Letter-office Patent was well
erected; that the Clauses of Restraint
in the said Patent are void, and not
good in Law; that, notwithstanding
these Clauses be void, yet the Patent is
good for the rest; that, notwithstanding the Negative Clauses, the Patentee
may execute the Office.
"The Committee are of the same
Opinion with the Judges; and are
of Opinion, That the Orders of 25
November and 20th of December ought
to be ratified and confirmed, and in all
Things observed; and that it should be
Decreed and Adjudged, That the said
Earl and his Assigns, and his and their
Deputies, should from henceforth enjoy
and execute the said Office, for the
Term in the Letters Patents expressed."
House adjourned till 10a cras.