DIE Lunæ, videlicet, 19 die Julii.
PRAYERS.
Ayries Order, for Liberty to follow his Cause.
Ordered, That Ayries shall have Liberty,
and (fn. *) befree from hisImprisonment, to follow his Cause
depending before the Lords Committees for Petitions,
provided he be not in Prison upon Execution.
Havell, a Warder of The Tower, claims Privilege of Parliament.
The Petition of Luke Havell, one of the Warders of
The Tower of London, was read; shewing, "That he,
being arrested, desired the Privilege of Parliament,
as being the King's Servant." Hereupon it was
Ordered, That the further Consideration hereof be
referred to the Committee of Privileges.
Sir George Ratcliffe's Petition, concerning Osbalston's Estate.
Upon reading the Petition of Sir George Radcliffe,
concerning the transferring over of the Estate of Sir
Richard Osbalston, deceased, to other Trustees; it is
Ordered to be referred to the Committee for Petitions, and the King's Counsel to be heard if there be
occasion.
Sir Edmund Williams and the Inhabitants of Belton.
Then Sir Edmund Williams was brought to the Bar, to
answer the Charge against him in the Petition of the
Inhabitants of Belton. He denied the Fact that is alledged against him; but confessed he said, "That he
would be even with those that presented him to be a
Recusant, for he professed he was none."
Upon this the House thought fit he should give Security to appear at the Hearing of the Cause; and so
he entered into Recognizance, as followeth:
Sir Edmund Williams bailed.
Edmundus Williams, Miles, recognovit se debere Domino Regi Quingentas Libras, levari cx Terris, Tencmentis, Bonis, et Catallis suis, ad usum Domini Regis, etc.
The Condition of the abovesaid Recognizance is, That
if the aforesaid Sir Edmond Williams shall Personally
appear, and be present, at the Hearing of the Cause
upon the Complaint of the Inhabitants of Belton, in
the County of Leycester, against him and others, before
the Lords in Parliament, on the 2d Day of August next,
and abide the Judgement of Parliament, if any shall
be given against him, then this Recognizance to be
void; else to remain in Force.
Order about the Rioters in St. Saviour's Church.
Ordered, That those Persons that were sentenced
by this House, for violently breaking down the Rails in
the Parish Church of St. Saviours in Southwarke, shall
(upon their Petition to this House, desiring their Lordships Favour, and humbly (fn. †) acknowledging the Sentence
of this House to be just upon them for their Misdemeanors in that Business) be released out of their present Imprisonment for the same; and, in regard they
are in that Poverty that they are not able to set up the
Rails again at their own Charges, this House doth remit
that Part of the Sentence.
Message to the H. C. for a Conference, concerning the Bill against Recusants.
A Message was sent to the House of Commons, by
Justice Reeves and Justice Foster:
To desire a Conference, by a Committee of (fn. *) both
Houses, at Four a Clock this Afternoon, concerning the
Bill touching the disarming of Recusants.
Sir Randall Crew to be recommended to His Majesty.
Ordered, That this House will join with the House
of Commons, "That Sir Randall Crewe may be recommended to His Majesty, as a Person that hath
suffered for the Commonwealth, both in his Reputation and Fortune; and that some Mark of His Majesty's Favour may be bestowed upon him;" and
that this House have a Conference with the House of
Commons about it.
The Answer which the Messengers brought from the
House of Commons was:
Answer from the H. C.
That they will give a Meeting, as is desired.
Busby versus Smith in Error.
Ordered, That the Cause between Busby and
Smith, touching a Writ of Error depending now in this
House, shall be peremptorily heard and argued, the
First Cause, in this House, on Friday the 29th of this
Instant July, at which Time and Place all Parties interested are to attend the said Hearing, with their Counsel.
E. of Cleveland's Bill.
Ordered, That the Committee for the Earl of
Cleveland's Bill do meet this Afternoon.
Edwards to appear.
Ordered, That Edwards, concerning the disobeying the Order of this House touching the Vicarage of
Bucknill, do appear this Afternoon.
Bills from the H. C.
A Message was brought from the House of Commons, by Sir John Holland; who presented Three Bills,
which had passed that House:
1. An Act for the Security of the true Religion, etc.
which (fn. *) they desired Expedition of.
2. An Act concerning the limiting and bounding of
Forests.
And a Message from thence for a Conference, concerning the Charge against Bishop Wren, and another concerning Inigo Jones.
3. An Act for Jo. Eggar's Free-school.
And further he desired a Conference, by a Committee
of both Houses, at such Time as their Lordships shall
please to appoint, touching the Transmission of the
Charge against Bishop Wren, and another concerning
Inigo Jones, about St. Gregorie's Church.
Answer returned was:
Answer.
That their Lordships will give a Meeting To-morrow,
in the Afternoon, at Three a Clock, in the Painted
Chamber.
Mr. Smart versus Dr. Cosens, et al.
Ordered, That Mr. Smart's Cause, again Dr.
Cosens and others, shall be further heard on Thursday
Morning next.
Order upon a Report concerning the E. of Westmeath's Estate in Ireland.
Upon Report this Day unto the House, "That the
Earl of Westmeath was seized of Eleven Rectories,
in the County of Cavan, in Ireland, by Letters Patents in King James's Reign, and had His now Majesty's special Letter for the further securing of his
Estate, and several Proclamations issued out, inviting
His Majesty's Subjects of Ireland to compound on a
Commission of defective Titles; and the said Earl,
intending to participate of His Majesty's Grace, did
submit and lay open the Defects of his Estate, if any
were, upon Confidence of just and honourable Performance, and compounded for the passing of his
whole Estate on that Commission, at the Rent of Two
Hundred Seventy-nine Pounds, Sixteen Shillings,
Eight Pence, whereof Seventy-eight Pounds, Sixteen Shillings, Eight Pence, was by way of new Increase of Rent, never answered to His Majesty before; and of that new Increase of Rent Twenty
Pounds yearly, beside One Hundred and Twenty
Pounds Fine, was compounded for, to be paid out of
the Possessions of the Abby of Fower, whereof the
said Eleven Rectories are Parcel: An Order of Composition was accordingly drawn up, and signed by the
late Earl of Strafford, and other His Majesty's Commissioners; and the said Earl of Westmeath, expecting
to proceed in the passing of Letters Patents agreeable
to that Composition, was therein opposed by the
Lord Bishop of Derry, assisted by Sir George Radcliff, who was one of the Commissioners, and the
Matter thereupon drawn to a Second Debate; an
Order was conceived that the said Earl should surrender the said Eleven Impropriate Rectories, who, being
weak of Body, and to avoid the Restraint of his
Person, did yield Obedience thereunto:" Whereupon
it is thought fit, and so Ordered, by the Lords Spiritual and Temporal in the Upper House of Parliament
assembled, That inasmuch as the aforesaid Commissioners
had no Power to compel the said Earl to surrender, neither any Power but to compound with His Majesty's
Subjects, that the said Earl of Westmeath (by virtue of
this Order) be restored to the Possession of the said
Eleven Rectories in Question, with the Mesne Profits
since he was dispossessed; and that the said Surrender be
vacated, and His Majesty be humbly moved, on the Behalf of the said Earl, that he may enjoy the Benefit of
his Composition with the King, upon the said Commission of Grace; this Order being conceived by the
Lords in the Parliament of England, upon the true
State of this Business, (fn. *) they do specially recommend to
the Parliament of Ireland to see it performed in all Points;
and that His Majesty's Letters for the due Execution
hereof do accompany this Order.
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in post
meridiem hujus instantis diei, hora 4a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
E. of Cleveland's Bill.
Ordered, That the Committee of the Earl of
Cleveland's Bill do meet To-morrow Morning, at Eight a
Clock.
Clerks of the Common Pleas and the Patentees.
Ordered, That the Cause between the Clerks of
the Common Pleas, and the Patentees that have Grants
of Reversions, shall be heard on Wednesday Morning
next; and all Parties interested shall then be heard at
this Bar.
Report concerning the Judges.
Ordered, That the Report concerning the Judges
shall be made To-morrow.
None to come into the House before it fits.
Ordered, That the Gentleman Usher attending
this House shall take Care that no People are admitted
to come into this House, Morning or Afternoon, before
the House sits.
Bill against Recusants.
The Earl of South'ton was appointed to deliver the
Bill concerning the disarming of Recusants, with the
Amendments; and to speak at this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Earl of South'ton reported
to this House, "That he had delivered the Bill at the
Conference, as he was commanded."
Sir Jo. Hayles to pay the Aqueduct Money.
Ordered, That Sir John Hayles, Knight, shall
forthwith pay, or cause to be paid, the several Sums of
the Aqueduct Money remaining in his Hands, according
to the former Orders of this House, and to the Persons
particularly mentioned in the same; which Money is to
be paid forth with upon Sight hereof, or else he is to attend this House in Person To-morrow Morning, at Nine
a Clock, and shew Cause why the said Money is not paid
as hath been Ordered.
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Martis, videlicet, 20m diem instantis Julii, hora nona
Aurora, Dominis sic decernentibus.