DIE Mercurii, 2 die Junii.
PRAYERS, by Mr. Delmy.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Baker versus Petit and Deliques.
Upon reading the Certificate of Doctor Heath, of the
Business of Petite and Deliques, referred unto him:
(Here enter it.)
It is Ordered, That an Order be drawn up, in Pursuance and according to this Certificate.
Sir A. Blundell and Lostus.
Upon reading of the Petition of Sir Arthur Blundell, &c.
It is Ordered, That Mr. Nic. Lostus shall give Security to this House, that he will appear, at the Day of
Hearing the Cause between him and the Petitioners, at
this (fn. *) Bar.
Paper from the Admiralty Committee.
The Lord North reported a Paper from the Committee of the Admiralty; which was read, and Ordered to be sent down to the House of Commons.
(Here enter it.)
Upon reading the Petition of Christopher Wright: It
is Ordered, That he be released of his present Restraint, provided that he appear before this House when
he shall be summoned.
Persons to be attached, who fired at the E. of Holland, from the Keeper's House in Windsor Park.
Upon Complaint made to this House, in Behalf of the
Earl of Holland, "That his Lordship going lately to
the Great Park at Windsor, and going to the Keeper's
House, to take an Account of Things done about that
Park which he gave Order to be done, the Door was
kept shut; and a Woman crying out to some in the
House to shoot his Lordship.; and presently some Men
in the House did shoot a Bullet at his Lordship, and
did very narrowly miss him:"
It is Ordered, That the Persons that were then in
the House shall be attached, and brought before this
House; and that the Examination of the Business is referred to the same Committee as was appointed to
examine the Business concerning Symonds, upon the Complaint of the Earl of Holland.
Upon reading the Petition of Thomas Fowlkes, Clerk:
It is Ordered, That it is referred to the Judges, or
any Two of them, to consider what Course is proper for
the Relief of the Petitioner; and certify the same to this
More, alias Poyntz, versus Brown, Throgmorton, &c.
This Day the several and respective Answers of
John Browne, John Trogmorton, Wm. Hunt, and Sir
Adam Littleton, to the Petition of John Morris, alias
Pointz, were read.
It is Ordered, That the whole Business shall be
heard, at this Bar, by Counsel on all Parts, on Friday
next come Sevennight; and that John Morris, alias Pointz,
shall have Notice of it, and Copy of these Answers; and
the Judges to have Notice, to be present at the Hearing
of this Business.
Sir E. Sydenham versus Mellor & al.
This Day the Counsel of Sir Edward Sydenham and
the Counsel of Mellor, &c. were heard, concerning a
Pretence of a Riot and Breach of the Possession of the
said Sir Edw. Sydenham, contrary to the Order of this
And it being alledged, by the Counsel of the Defendants, "That Sir Edward Sydenham ought not to be
heard, in his own Right, concerning this Business,
until he had compounded with the State for his Delinquency;"
And the House taking this into Consideration;
It is Ordered, That the further Hearing of this
Business, concerning the Riot, shall be respited until the
Tuesday next after the said Sir Edward Sydenham hath
compounded at Goldsmithes Hall for his Delinquency,
and given Security for his Composition: In the mean
Time, the Defendants shall go, upon their own Security
to appear at the Time aforesaid; and then Resolution
shall be given who shall pay the Charges which the Defendants have been at.
Hulkes and Usman sent for, for taking a Gun from L. Say & Seale's Servant.
Upon reading the Affidavit of Peter Binge:
(Here enter it.)
It is Ordered, That the Persons complained of there
shall be attached as Delinquents, and brought before this
House on Friday Morning next, to answer the Complaint against them.
E. of Leicester's Order for Possession of Lands.
Ordered, That the Earl of Leycester shall have the
Rents of these Lands paid him which are mentioned in
the Order of the 7th of December, 1646, and according
to the said Order; and such whom it concerns are to
give Obedience to this Order, as they will answer the
contrary at their Perils; and that my Lord shall have
the Possession of the Lands, according to the Intent of
the said Order.
L. Wharton's Petition.
Upon reading the Petition of the Lord Wharton: It
is Ordered, That this House thinks it fit to grant it;
and that it be sent down to the House of Commons, for
their Concurrence therein, when he pleases.
Message to the H. C. with it;
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
1. To deliver to them the Petition of the Lord Wharton; and to specially recommend it to them, and to deliver
it when his Lordship shall appoint them.
and a Letter to the Arch Duke Leopaid.
2. To deliver to them the Letter which is to be sent
by Sir Peter Killegrew to the Archduke of Flanders,
and desire their Concurrence therein.
Committee going to the Army recalled.
Ordered, That this House agrees with the House
of Commons, in re-calling the Earl of Warwicke and the
Lord Lawarr, and the rest of the Commissioners that
went to Chelmsford.
E. of North'ton and Gloucester Clothiers.
Ordered, That the Cause of the Clothiers, against
the Earl of North'ton, shall be heard on Tuesday Three
Place in the Alienation Office for Colonel Thompson.
Upon Motion, "That a Place in the Alienation
Office is void, by the Death of one Legg, that it might
be bestowed upon Colonel Thompson, for his Service
(fn. *) to the State:"
It is Ordered, That the Lord Wharton and the
Lord Willoughby shall inform themselves of the Value
of the Place, and report the same to this House; and
then further Consideration shall be taken therein.
Examinations to be taken concerning the forged Act of Parliament, for Conveyance of the Estate of Morris, alias Poyntz.
Ordered, That it is referred to Sir Rob't Pye, Mr.
Recorder of London, Mr. Edwards, Mr. Robert Packer,
Mr. Manley, Mr. Fauconbridge, and Mr. Sweetnam,
Justices of the Peace, or any Two of them, to take the
Informations and Examinations concerning the Forging
of an Exemplification, under the Great Seal of England,
of a pretended Act of Parliament, concerning the Conveyance of the Estate of Morris
(fn. †) and Poyntz; and to
certify such Reports to this House.
Baker versus Petit and Deliques.
To the Right Honourable the Lords in the High
Court of Parliament assembled.
"According to an Order of this Most Honourable
House, of the 28th of January, 1646, I have considered of the Petition of John Baker; and do find
that the Petitioner did obtain a Decree in the Court
of Admiralty, for the Possession of Two Ships, with
their (fn. ‡) Ensigns and Goods, called The Boxtree and
The Pearle High, and a Commission for the appricing
the same, which Decree and Commission were accordingly executed, and the Certificate thereof returned
to the Court; whereupon the Petitioner, according
to the Rules of the said Court, was of Course to have
a Decree under Seal, to sell or dispose of the said
Ships, (fn. ‡) Ensigns, and Goods, as he should think fit, to
prevent their Perishing; the said Petitioner putting in
Security to be answerable, and to abide the Sentence
of the said Court in the Cause; but, by reason that
the Return of the said Certificate was not above Two
Days before the Judge of the Admiralty died, the
Decree could not be sealed, nor the Security be
taken, because the Judge who was to make the Decree, and in whose Name the Security was to be
taken, died so soon: So that, I humbly conceive, the
only Remedy for the Petitioner is this; if your Lordships please, in Supply of this Defect, to order (which
the Judge must have done if he had lived) that
Captain Hunter shall forthwith deliver to the Petitioner John Baker, or to such as the said John shall
appoint, the said Pearle High and Boxtree, with all the
Engines and Goods, which, either in these Two Ships
or in any other Ships, did belong to the Two Defendants Petit and Deliques (not exceeding in Value the
Debt demanded by the Petitioner from the Defendants), to be sold and disposed of by the Petitioner, as
he shall think fit, for Prevention of their Perishing;
and likewise, in case any of the said Engines and
Goods have been taken away, that Captain Hunter
demand them of any who have so taken them, and
moreover do seize them, or cause them to be seized,
wheresoever they can be found; and do deliver them,
being re-gained, immediately to the Petitioner John
Baker, to do with them as aforesaid: Provided, That
the Petitioner do put in Security to the Register of the
Admiralty, such as is usually put in to the Judge in
like Cases: And lastly, That Captain Hunter and the
Petitioner give your Lordships an Account of the
Performance of your Lordships Order, and what the
Value of such Goods is, which have been conveyed
away and cannot be found; and also that the Defendants Petit and Deliques have Notice of your Lordships Order, if they or either of them can be found
in England; though Deliques refused to come to be
heard, being summoned by me for that Purpose:
"All which I humbly offer and submit to the
Wisdom (fn. *) of this Most Honourable House of
March 16, 1646.
Report from the Admiralty Committee, for 165£. to be paid to Mr. Opy, for Provisions for Scilly.
"Die Veneris, 28 Maii, 1647.
"By the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Whereas it appears to this Committee, that Sir
George Ayscue, in the Time of his Supplying the
Place of Governor of the Island of Silly did, for Support
of the Garrison there, take up Three Hundred Bushels
of Rye, at Twenty Gallons to the Bushel, and agreed
for the same at Eleven Shillings the Bushel, amounting in the whole to One Hundred and Sixty-five Pounds,
for which he stands engaged to Mr. Opy, of Plymouth,
Merchant; and forasmuch as he hath represented to
this Committee, that, from the Time of his receiving
the said Island into his Charge by Order from this
Committee, to his coming thence by Leave from the
House of Commons (being in all about Seven Months),
he was necessarily (fn. †) exposed to great Charges, in order
to the Public Service of that Island, for which he
received no Satisfaction; his Disbursements being by
him computed at least One Hundred and Fifty
"Ordered, That Report be made hereof to
both Houses of Parliament; and that it be recommended to them, that the said One Hundred and
Sixty-five Pounds may be satisfied to Mr. Opy, and
he discharged thereof; and also that Consideration
may be had of his said Expences, in such a Way as
they shall in their Wisdom think fit.
"Rob. Coytmor, Secretary."
Bing's Affidavit, about Usman taking a Gun from Lucock, L. Say & Seale's Servant, which Hulkes refused to restore, and escaped from the Constable.
"Peter Bing, of Hanworth, in the County of Midd.
maketh Oath, That my Lord Saye's Man John Lucock going to Hansworth, with a Piece on his Neck, to
buy Pigeons, asked John Usman, "if he had any
Pigeons to sell him?" Upon which, the said Usman
laid hold upon his Piece, and took it from him. After
which, my Lord Say sent this Deponent to the said
Usman, to demand of him the said Piece, who told him
"he should not have the Piece." Upon which, my
Lord sent the Deponent a Second Time for the said
Piece, which he again denied. Upon which, my
Lord sent the Deponent a Third Time, with a Warrant which he had procured from Mr. Povy, directed
to the Constable of that Town, to bring the said
Usman before the said Mr. Povy. And before the
Deponent came to the Constable, he met Mr. John
Hulkes in the Street, who asked him, "whither he
was going?" And the Deponent told him, "He was
going a little Way, to one Tillye's House, who was
Constable:" Which Mr. Hulkes went along with him,
and shewed him the House, and went with him
thither; and the Deponent, finding the Constable at
Home, delivered the Warrant to him, and Mr.
Hulkes desired to read it; which he did, and then
threw it under his Horse' Feet; swearing, "it was
for the Gun; but he had broke it all to Pieces, and
he should not have it;" and said, "the Constable
should not shew the Warrant, but he would answer
it:" And upon that went away, but presently returned
thither again, and swore, "he had sent the Gun out
of the Town, and it should not be delivered." Notwithstanding, the Constable went to Usman's House,
and served the Warrant; which he refused to obey:
Upon which, the Deponent going back to my Lord
Say, and acquainting him therewith, my Lord willed
this Deponent to go back again to the Constable, and
to wish him to apprehend him by virtue of his Warrant, and carry him before the Justices, to see if he
would rescue himself, or any other would rescue him:
Which he did accordingly; and the Constable went
with him. But Mr. Hulkes running out of a House
of the Town, as the Deponent and the Constable
came by, and came to the Constable, and bad him give
him his Warrant, and told him, "he should not go;
he would answer it." To which the Constable answered, "he would go; for he must obey my Lord,
and not take his Word." Upon which, the said Mr.
Hulkes got Hold of the Constable, and would have
taken the Warrant out of his Pocket, and strove with
him to that Purpose. Upon which, the Constable
saying, "I have it not; my Lord's Man hath it;" he said
to this Deponent, "Give it me:" Which this Deponent refusing, he the said Mr. Hulkes would have
pulled the Constable's Staff out of his Hand; which
when he see he could not do, he struck this Deponent
upon the Face with his Fist, and kicked him upon the
Belly; and after being gone from him, he the said
Mr. Hulkes took his Horse, and rode after him,
threatening him, "that he would pay his Coat worse
before he got Home:" And the Deponent telling
him, "he had already abused my Lord;" he answered, "he cared not for his Lord, nor never a Lord
of them all; your Lord will do as much to me as he
did for Mr. Mildmay and Mr. Huntly."
"Pet. (fn. *) Bring.
"Jurat. 2 Junii, 1647.
House adjourned till 10a cras.