DIE Sabbati, videlicet, 15 die Maii.
Babb versus Trelawny in Error.
This Day the Lord Chief Justice of the King's Bench
brought in a Writ of Error, to reverse a Judgement given
in the King's Bench, between Babb the Plaintiff, and
Trelawny the Defendant. The Transcript was examined
by the Clerk, and the Record carried away by the Officer
of the King's Bench, after the House was adjourned.
A Message was brought up from the House of Commons, by Sir Tho. Barrington:
Message from the House of Commons, for a Conference about some Persons named in the King's Proclamation.
To desire a Conference, by a Committee of both
Houses, so soon as may stand with their Lordships Conveniency, touching some Persons which are named in
His Majesty's Proclamation.
The Answer is:
That their Lordships will give a Meeting presently,
in the Painted Chamber.
A Letter about the apprehending of Mr. Davenant.
The Earl of March acquainted the House, "That
his Lordship had received from Feversham, a Letter,
signifying the Apprehension of Wm. Davenant, mentioned in the late Proclamation to be stayed; that
likewise there was taken in his Company his Man, and
The Letter being publicly read, his Lordship desired the Directions of the House herein.
It was Ordered, That the said Wm. Davenant and
his Man be speedily sent for, and kept in Custody; and
that the Three Watermen be sent for, to appear as
Letters about the Wants of both Armies.
After this, divers Letters were read, sent from Sir
Jo. Conyers, and from others in the Northern Parts, declaring the great Distress that both Armies do suffer,
through the Want of Provisions and Money, and the
great Scarcity of Provisions in these Counties. The Consideration whereof the House thought fit should be communicated to the House of Commons, at a Conference.
The Earl of Bath, Earl of March, and Earl of Bristoll,
were appointed to report the Conference.
Conference about Mr. Percy reported.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Earl of Bath reported the
Effect of the Conference:
"That the House of Commons have received certain
Information, that on Wednesday Night last past was
Sevennight, Mr. Percie came to Petworth, and sent for
one Robert Merryweather, and borrowed of him a
Horse to ride on the next Morning early, which he
did; and the Friday after returned to Petworth, and
caused the said Merryweather to ride with him to
Shoram, to get a Boat to carry him over into France;
telling him that he had dangerously hurt a Man. Mr.
Percy returning again to Petworth on Monday Morning last, sent again for the said Merryweather into a
Wood, and desired him to lend him a Horse, and
wished him to go with him to Mr. Lambe to Pagham,
to get him a Boat to carry him into France. And
further they are informed, that, on Thursday last in the
Evening, there were Three Gentlemen about Pagham,
which were suspected to be some of the Parties mentioned in the Proclamation. Divers Men were called
to aid, for the attaching of their Bodies; Two of
them were apprehended, one Merryweather and Lambe,
but the Third set Spurs to his Horse, and escaped, his
Horse being wounded with a Prong.
"This Gentleman that escaped is confessed to be Mr.
Percy, who had hired a Boat of Thomas Waterman,
of Selsey, to pass over into France, for which he was
to give Forty Pounds. The Desire of the Commons
was, That their Lordships would consider of some
Course, as they shall think fit, for the Apprehension
of Mr. Percy, either by stopping the Ports, or by
sending forth their Warrants."
And, after some Consideration herein, their Lordships
were of Opinion, That the shutting of the Ports would
prove very inconvenient to the stopping of Trade; and
that the Proclamation lately sent forth by His Majesty
for his Apprehension, was of Validity enough, and needed
no other Assistance.
A Message was sent to the House of Commons, by
Mr. Justice Foster and Sir Edward Leech:
Message to the H. C. for a Conference about Davenant.
To desire a Free Conference, by a Committee of
both Houses, touching an Answer to the late Conference,
and concerning some Business touching the Safety of
Heads for the Conference.
The Earl of Bath was to let them know, at the Conference, what the Lords Opinions were touching the
Business of Mr. Percy; and the Earl of Warwicke, Earl
of March, and Earl of Holland, to give them Knowledge
of the Letters which they received from the North,
and what Order is taken concerning William Davenant.
Horwood and Drinkwater's Sentence in Part remitted.
Ordered, That Robert Harwood and Thomas Drinkewater shall be spared, at the Request of the Lord Great
Chamberlain, from standing on the Pillory, both here
and at Borne; but shall be brought to this House, upon
their Knees, at the Bar, and make their humble Submission for their Misdemeanours; and the like Submission to be made at Borne, in Lincolneshire, on a Marketday, publicly; one of the next Justices of Peace to be
present, and see it performed.
The Answer to the Message was:
Answer from the H. C.
That the House of Commons will give a present
Meeting, in the Painted Chamber, as is desired.
The House was adjourned during Pleasure. The
Lords went to the Conference. Being returned, the
House was resumed; and the Earl of Bath reported,
"That he had delivered at the Conference (fn. *) what the
House had directed him; and the other (fn. †) Lords had
done the like."
Conference concerning Guernsey and Jersey.
Ordered, That the Business of the Conference
with the House of Commons, concerning the Isles of
Jarsey and Garnesey, shall be the First Business on Monday Morning.
Order between Lord Cottington and Lord Audley.
Ordered, That a Commission, under the Great Seal
of England, is forthwith (by virtue of this Order) to
issue forth, unto the Clerk of the Crown and the Clerk
[ (fn. ‡) of the] Parliament, enabling them to take the Examinations of Sir Henry Marvine, Knight, on the Part and Behalf of the Lord Cottington, against the Lord Audley,
in a Cause depending before the Lords in Parliament;
and that the said Lord Audley may cross-examine the said
Witness if he please; but the Intent of the Lords is,
that neither Part shall examine him, until he have exhibited the Interrogatories unto the said Commissioners;
and, by reason the Cause is to be heard on the 21st of
this Instant May, therefore the Forbearance of the
bringing in of the Interrogatories shall only prejudice
that Party that doth delay the same, but no Way hinder the other Party, who is to have the Witness examined on his Part forthwith, upon producing of his
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Lunæ, videlicet, 17m diem instantis Maii, hora 9a, Dominis sic decernentibus.