DIE Jovis, 22 die Julii.
PRAYERS, by Mr. Sallawey.
Domini præsentes fuerunt:
Comes Warwicke, Speaker.
Deerham and Wise.
A Certificate of Mr. Justice Godbold was read, concerning the Business referred unto him between Deereham and Wise. (Here enter it.)
Ordered, That the Judgement in this Case is reversed.
Ministers Pet. about Payment of Tithes:
A Petition was presented to this House, by divers Ministers; which was read, complaining for Non-payment
of Tithes. (Here enter it.)
Ordinance to secure it.
Also an Ordinance concerning the better Payment
of Tithes, presented by them, was read the First Time.
The Answer returned to the Ministers was:
Answer to them.
That this House will take their Petition and Ordinance
Charge against Sir J. Norris dismissed.
The House hearing the other Part of the Charge exhibited Lieutenant Holmes, against Sir John Norris, by
Counsel: It is Ordered, That the said Cause is hereby
dismissed this House.
Sir W. Russel & al. and Lenthall & al.
Upon Hearing of Counsel on both Sides, between
Sir Wm. Russell, &c. and Lenthall and Marston, concerning the Seven Hundred and Fifty Pounds deposited
in the Hand of the Clerk of the Parliaments by Order
of this House, dated the 27. of Feb. 1645:
It is Ordered, That the said Seven Hundred and
Fifty Pounds shall be delivered out of the Custody of
the Clerk of the Parliament, upon good and unquestionable Security to be first given to Lenthall and Marston; and it is referred to Mr. Baron Atkins and Mr.
Justice Godbolt, to draw up the Condition of the said
Security, and report the (fn. *) same to this House.
Col. Fox and Porter.
Ordered, That the Complaint of Colonel Fox,
against Porter, shall be heard, by Counsel on both
Sides, on Tuesday next; in the mean Time, the said
Porter, now in Custody, shall be permitted to go upon
Bail (fn. †.)
E. of Midd. Leave to be absent.
Ordered, That the Earl of Midd. shall have
Leave to be absent for a Fortnight from Monday next.
Larner and Hales to be brought to the Bar.
Ordered, That John Larner and Jane Hales shall
be brought to this Bar, on this Day Sevennight; and
then to be asked whether (fn. ‡) they will answer to such
Things as (fn. ‡) they refused to do.
Ordinance to continue the Committee for the Army, and Treasurers at War.
"It is Ordained, and be it Ordained, by the Lords
and Commons in Parliament assembled, That the
Committee of Lords and Commons, and Treasurers
at Wars, named, instituted, and appointed, by an
Ordinance of Parliament of the Eight and Twentieth
of March, 1645, and continued for Nine Months
longer by an Ordinance of Parliament of the 15th
of January, 1645, and the Power and Authority
given and appointed by the said Ordinances, and
either of them, to the said Committee, Treasurers,
and Persons, jointly or severally, or to any of them,
named or mentioned in both or either of the said Ordinances, shall endure and have Continuance, as fully
and amply, to all Intents and Purposes, as is expressed
in both or either of the said Ordinances, for and
during Ten Months from the First of January last;
and that the aforesaid Treasurers at Wars be allowed all such Pay and Allowances as are mentioned
and expressed in both or either of the said Ordinances."
Deerham and Wise.
"According to your Lordships Order of the 16th of
this Instant Month, made upon hearing the Cause
upon a Writ of Error between Deerham and Wise, I
do find, upon Examinations of the Record and Transcript, that they do agree, and are both alike imperfect and insensible: For whereas the Defendant in the
King's Bench, and now Plaintiff, had an Imparlance
usque Diem Jovis post Octabis Hillarii, at the Day in
Court; the Entry in the Record and Transcript both
is thus, Et modo hanc Diem, scilicet Diem Jovis post
Octabis Hillar. isto eodem Termino usque quem Diem
prædict. Rich'us Decreham hab. Licentiam ad Billam
præd. interloquend. et tunc ad respondend. &c.; which
so far is the usual Form: But in the subsequent
Words, which ought to have been entered thus, or
to this Effect, Coram Domino Rege apud Westm'r venerunt præd. Will. Wise et Chr'oph'us Emerson, per
Attorn. su's prædict. et petunt quod præd. Rich'us ad
Narrationem suam præd. respondeat, there is an Omission, first of the Word (venerunt), which makes that
principal Clause for the Appearance to be on the
Plaintiff's Part insensible; and then these Words, or
the like, which should have followed on the Plaintiff's Part, are (et petunt quod præd. Rich'us ad Narrationem suam præd. respondeat), are wholly omitted; so that, upon this Record; as it now standeth in
Judgement before your Lordships, here is neither an
Appearance for the then Plaintiffs entered, by omitting the Word (venerunt), nor any Prayer quod
Difendeas respondeat, which is the constant Form in the
like Cases: Yet Judgement is given against the Defendant by Default, which I humbly conceive to be
an Error: To which the Defendant in the Writ of
Error hath pleaded in nullo est Erratum. So it resteth
in your Lordships Judgement, to which I humbly
submit the same.
19 July, 1647.
Ministers Pet. complaining of the Non-payment of Tithes.
"To the Right Honourable the House of Peers in
"The humble Petition of many Ministers
in Sequestrations, and others, in Cambridge, Essex, Kent, Hert. Sussex, Bedd.
Huntington, and Devon, &c.
"That many of your Petitioners, after the plundering of their Goods by the King's Party, and exhausting of their Estates in Contributions to the Par
liament, were put into sequestered Livings, and ordered to receive the Profits thereof; in which Places,
notwithstanding they have, according to their several
Talents, painfully and faithfully discharged their
Duties, and borne the Burthen of Taxes and Quartering to the full if not beyond their Proportion, yet
have they had their Tithes not only scantly and by
Halves paid, but quite detained by many of their
Parishioners, and the Ordinance of Parliament intended for their Relief hath been of little Effect,
and, by the Perverseness of some, hath occasioned
many Troubles and Suits unto divers, to their great
Expence and Discouragement, insomuch that many
Ministers have thought it better to sustain the Loss of
much of their Tithes in Years past, than to seek
Remedy in a Way experienced to be so expensive and
doubtful; all which the worldly and covetous Sort of
Men observing, have of late, and now more generally, combined together, to pay no Tithes to their
Minister, especially such as have been placed in by
the Parliament; whereby divers of your Petitioners
and their Brethren are like to be deprived even of
this whole Year's Profits, for which they have both
paid Taxes and quartered Soldiers, and shall be forced
to leave their several Places, not having Maintenance
to support their Families; of which if there were
not much pressing Experience in Sufferings hitherto,
and visible Grounds of future Undoing, we should
not have presumed to have petitioned any Thing of
this Nature in such a Jointure of Time, amidst such
high and important Concernments as we cannot but
apprehend to be at present before your Honours:
But, since no Time is left us but this Instant, we
humbly crave Leave, and hope we shall be excused
in petitioning your Honours to take our sad Condition
into your serious Consideration, in regard such lawless and dangerous Attempts to detain, pull down,
and destroy, the established Maintenance of the Ministry, even now when all are solemnly engaged to
seek Reformation, will evidently tend to the Shame of
our Nation, the Scandal of Religion, and the great
Dishonour of God.
"May it therefore please your Lordships to take
Order, for the establishing some speedy and
effectual Course, whereby our just Dues for
the Time past and to come may be recovered and received, that so your Petitioners
may be encouraged and enabled to continue our
Ministry in our several Places.
"And your Petitioners shall pray, &c."
House adjourned till 10a cras.