DIE Mercurii, videlicet, 21 die Aprilis.
PRAYERS.
Sutton Marsh.
The Counsel on both Sides proceeded in the Cause
of Sutton Marsh.
The Counsel of the Lord Herbert desired to see the
Articles brought into this House by Order; but the
Counsel of the Earl of March excepted against it, until
the Lord Herbert's Counsel had shewed their Title.
The Judgement of the House was demanded herein;
and the Counsel being withdrawn, the House took it
into Consideration, and did resolve that, first, both the
Articles and Evidences on both Sides should be brought
into this House, and read before the Counsel of either
Side speak; and the Plaintiff's Counsel is to take their
own Course to manage and use them as they shall see
Cause.
The Counsel on both Sides were called in; and the
Speaker told them what their Lordships had resolved;
and so the Counsel went on in the Cause. But the Lord
Herbert's Counsel producing one George Johnson, a
Servant of Sir Cor. Vermuden, to prove, as a Witness,
that Sir Cornelius Vermuden had the Consent of the
Tenants of Sutton Marsh before he began his Banking,
and to prove what Money had been disbursed therein,
the Counsel for the Earl of March excepted against the
said Johnson for being a Witness, alledging that he was
a Party interested in the Cause, as being joined with
Sir Cor. Vermuden in his Patent. It was again declared, on the other Side, That the said Johnson was
but in Trust, and therefore desired the Judgement of
the House herein.
The Counsel being withdrawn, the Lords considered
of it, and Resolved, That, when the Deed of Trust is
declared, and it appeared that the said Johnson is but
merely in Trust, and is to receive no Profit therein, and
this Witness being but collateral, he may be heard;
but, if he have real Interest in it, he is not to be heard,
because he may speak for his own Benefit and Advantage. And further it was thought fit, if there be any
Deed to declare the Use of the said Trust, that it be
produced this Afternoon, at Two a Clock; and then
this Cause is to be further heard.
Committee for Relief of Berwick.
Lords appointed to consider of the pressing Necessities of the Town of Barwicke, and to provide some
Means how they may be supplied with Provisions and
Monies, and afterwards to propound it to the House of
Commons: Videlicet,
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L. Chamberlain.
E. of Bedford.
E. of Essex.
L. Viscount Say & Seale.
L. Bp. of Lincolne. |
Ds. Wentworth.
Ds. Wharton.
Ds. Andover.
Ds. Deincourt.
Ds. Peirpointe.
Ds. Savill. |
Their Lordships, or any Five or more of them,
to meet this Afternoon, at Two a Clock.
Scots Treaty.
Ordered, That the Business of the Scotts Treaty
shall be peremptorily debated To-morrow Morning.
Sir Pierce Crosby's Order to examine Witnesses.
Ordered, That the Lords Committees formerly appointed in Sir Peirce Crosebie's Cause, or any Three of
them, shall have Power to take the Examinations of his
Witnesses in Writing, in the Cause depending between
him and the Earl of Strafford, at such Time and Times
as their Lordships shall appoint; and that the Earl of
Strafford, or his Solicitor, shall have Notice of the
Time of such Examinations, that he may cross-examine
the said Witnesses if he please.
Sutton Marsh.
Ordered, That the Cause concerning Sutton Marsh
shall be heard again by Counsel on both Sides, this Afternoon, at Three a Clock.
Coat and Conduct Money levied in Middlesex, to be re-paid by Hill and Browne.
Upon the reading of the Petition of William Hill,
and John Browne, Esquires, in open Court, shewing,
That, by Letters from the Lords of the Privy Council, they were appointed Treasurers, to receive the
Coat and Conduct Money, for the late Service into
the North, from several Parishes within the County
of Midd. and that accordingly they have received
the Sum of Thirty-three Pounds, Eight Shillings,
which hath been demanded again by some of them
that paid it; and that the said Petitioners humbly
desire the Directions of this Court, in this Particular;" it is Ordered, etc. That the said William Hill
and John Browne, or One of them, shall (by virtue of
this Order) re-pay, or cause to be re-paid, and make full
Restitution of, the said Sum of Thirty-three Pounds,
Eight Shillings, to the several Persons from whom it
was received; and that this Order of Parliament shall
be their sufficient Warrant in that Behalf, from and
against all Persons, touching and concerning the Repayment of the said Sum as aforesaid.
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in post
meridiem hujus diei, hora 3a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
Sutton Marsh.
The Counsel on both Sides proceeded in the Cause
of Sutton Marsh; and a Deed, declaring George Johnson
to be but a Party in Trust, was produced; but, because
it was conceived that there was no good Proof of the
Sealing and Delivery of the Deed, the Counsel of the
Earl March excepted against it as Evidence; and the
Counsel being commanded to withdraw, the Lords took
it into Consideration; and it was Resolved, That the
Proof now offered was no good Proof; for either the
Sealing and Delivery must be proved by Witnesses that
did see the same, or Proof must be made that the Witnesses are dead, or sick, and not able to come.
The Counsel being called in, the Speaker told them
the Resolution of the House; and so they proceeded
in their Evidence, and produced divers Witnesses.
Capt. Skip with sent for.
Ordered, That Captain Wm. Skipwith be sent for,
as a Delinquent, for disobeying the Order of this House,
in not coming to be a Witness in the Cause concerning
Sutton Marsh; and that he appear at the next Hearing
of this Cause, at which Time Benjamin Hodson is likewise to be present.
Sutton Marsh.
Ordered, That the Cause between the Lord Phillip
Herbert and others, and the Duke of Lennox, shall be
further heard in open Court, at the Bar, on Friday the
30th of this Instant April, at Eight of the Clock in the
Morning; at which Time the Evidences and Articles in
the said Cause shall be produced and seen on both Parts,
according to an Order made the 19th of this Instant
April, and the Directions of the Court in that Particular already declared. And lastly, that all Parties formerly appointed to attend the said Hearing shall Personally appear at the Time and Place aforesaid.
(fn. *) Bill of Attainder of E. Strafford brought up from the Commons.
To be considered of Tomorrow.
* * * * * * *
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Adjourn.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Jovis, videlicet, 22m diem instantis Aprilis, hora nona,
Dominis sic decernentibus.