DIE Sabbati, 22 die Januarii.
PRAYERS, by Mr. Sallawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Additional Ordinance for the Westm. Militia.
An additional Ordinance for giving further Power
to the Committee for the Militia of Westm. was
Honor's Petition, for an Howance for acting as Treasurer to them.
"The Petition of John Honor was read; desiring,
some Allowance for his Pains and Charges sustained
in collecting the Monies upon the former Ordinance
for buying a Magazine of Ammunition for the Militia
of Westm. and respited, until some of the Committee for the Militia be spoke withal about it."
E. of Arundel to be heard about Pelham's Ordinance.
The Ordinance concerning Mr. Peregrine Pelham,
was read the Second Time.
It is Ordered, That the Earl of Arrundell be acquainted with the Contents of this Ordinance, to hear
what he can say to it, on Thursday next.
Mrs. Hall's Allowance.
A Report from the Committee of Lords and Commons for Sequestrations, concerning the Wife of Dr.
Hall, late Bishop of Norwich, touching her Fifth Part,
was read, and allowed of; and ordered to be sent to
the House of Commons for their Concurrence.
(Here enter it.)
Martin, Johnson, &c. and Worsleys.
Upon reading the Petition of Wm. Martin, Rob't
Johnson, and Ralph Douthwayte, now in the Custody of
the Gentleman Usher:
It is Ordered, That the Parties concerned, Thomas
Worseley, John Worseley, and Eliz. Worseley, shall have a
Sight of this Petition, and return an Answer unto it on
Tuesday next; and then this House will give further
Governors of Christ's Hospital, and The Trinity House, claiming under Hawes.
Upon reading the Certificate of Mr. Justice Pheasant,
Mr. Baron Atkins, and Mr. Justice Roll, concerning
the Business between the Governors of Christ's Hospitall
and The Trynity House: (Here enter it.) And also upon
reading the Petition of the said Governors of Christ's
Hospitall, " That, according to the Tenor of the Certificate, there be a Trial at Law, between the said
Hospital and Trynity House, according to the Direction and Intention of the Order of the 12th of December, 1645; and that Security be given by The
Trinity House, for answering of the Mean Profits in
case the Trial go against them, according as Nicholas
Hawes, under whom they claim, was by this House
formerly ordered to do, by Order of the 22th of
September last; and that there be no Waste committed in the mean Time."
L. Hunsdon to be released.
A Letter of the Lord Hunsdon to the Speaker, with
an inclosed Paper, were read. (Here enter them.)
And thereupon it is Ordered, That the said Lord
Hunsdon shall be released from his Restraint he now
lies under, in the Custody of the Gentleman Usher of
the Black Rod.
Commitment of Peers upon Impeachment.
Ordered, That the Lords Committees, appointed
the 19th of January Instant, to consider of some Declaration to be entered into the Journal Book, concerning the Commitment of Peers of this Realm upon
Impeachment, shall meet on Tuesday next.
L. Mohun and Sir H. Carew.
Upon reading the Report of Sir Edward Leech and
Mr. Hakewill, concerning the Business referred unto
them touching the Lord Mohun and Sir Henry Cary:
(Here enter it.) And likewise upon reading the Petition of the Lord Mohun; and also the Petition of Sir
It is Ordered, That Sir Henry Cary hath committed no Contempt to the Order of this House in this
Privilege of Peers in Suits.
Ordered, That these Lords following are appointed
to consider of the Privileges of Peers, concerning
Suits; and to report to this House, what they think fit
to be done thereupon in this Conjuncture of Affairs:
Any Five; to meet on Tuesday next, in the Afternoon, at Four a Clock.
Oates to give Bail to appear at Rutland Assizes.
Ordered, That Samuell Oates, against whom there
are Articles depending in this House, shall be bound in
a Bond of Two Hundred Pounds himself, with Two
good Sureties in One Hundred Pounds apiece, to the
Gentleman Usher of this House, that he shall appear in
Person at the next Assizes for the County of Rutland, to
answer such Complaints as shall be made against him
there; and that the Articles in this House against (fn. *) him
shall be remitted to the Persons that brought them,
who are to prosecute the said Oates at the Assizes.
Strong's Ordinance, to be Minister of St. Dunstan's in the West.
An Ordinance to make Mr. Stronge Minister of St.
Dunstan's in the West, upon the Resignation of Mr.
Perne, was read, and Agreed to; and ordered to
be sent to the House of Commons, for their Concurrence.
Mr. Snowe to be instituted to Cheltenham.
Ordered, &c. That Dr. Heath give Institution and
Induction unto William Snowe Master of Arts, to the Vicarage of Cheltnam, in the County of Gloucester, void
by the Death of the last Incumbent; salvo Jure cujuscunque: Granted by the Great Seal of England.
Letters from Ld. Hunsdon, under Restraint for sitting while the Speakers, &c. were with the Army, desiring to be released.
For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro
I shall desire your Lordship, at your best Conveniency, to communicate this inclosed to the House of
Peers in my Behalf; for which Addition to the rest
of your Favours, I shall remain
Black Rod, 22th of January, 1647.
Most humble Servant,
There being the same Order for my Restraint with
those Lords who upon their late Application to
your Lordships for their Liberty have received the
Benefit of it, I hope it may fully agree with the
same Measure of your Justice to afford me mine;
there being nothing, I am confident, that can be
offered in the least Degree to debar me of the like.
Black Rod, this 22th ofJanuary, 1647.
Most humble Servant,
Governors of Christ's Hospital, and Trinity House, claiming under Hawes.
"According to your Lordships Order of the Ninth
of December last, we have considered of the Petition
of the Mayor, Commonalty, and Citizens, of the City
of London, Governors of Christ's Hospitall, and of
the Contents thereof, in the Presence of the Petitioners Counsel, and of the Counsel of The Trinity
House, who are in Possession of the Lands in Question,
and make Claim thereunto under Nicholas Hawes
deceased; and we conceive it fit that there should be
a Trial at Law between the said Hospitall and Trinity
House, according to the Direction and Intention of
your Lordships Order, of the 12th of December,
1645; and likewise that Security be given by The
Trinity House, for answering of the Mean Profits,
in case the Trial go against them, according as
the said Nicholas Hawes, under whom they claim,
was by your Lordships formerly ordered to do; by
your Order of the 22th of September last past.
All which, nevertheless, we humbly submit to
your Lordships grave Judgements.
January 12th, 1647.
17 Jauuary, 1647.
Ld. Mohun and Sir H. Carew.
According to your Lordships Order of the 23th of
October last, and the Fourth Instant, we have endeavoured to examine the Contempts mentioned in the
Petition and Allegations of the Lord Mohun, by Way
of Answer to the Petition of Sir Henry Carew, Charles
Roscarrocke, and others: And we find the Questions
to stand upon the Priority of Possession of divers
Manors and Lands in Cornwall, but especially upon
Two, videlicet, Trewynnard and St. Day. The Title
to Trewynnard did accrue in May, 1643; and to St.
Day, in February, 1643. And we find not, by any
Thing that hath been yet offered unto us, that Sir
Henry Carewe and the others had any Possession of
Trewynnard until about July, 1646, when the Lord
Mohun was in London (as he affirmed), following his
Composition. But the Lord Mohun did now produce
an Affidavit of Nicholas Millett, That he (and such
Persons to whom he had set the same) was in the quiet
Possession of the Barton of Trewynnard, in May,
1646, which was before the others Possession. And
for St. Day, we find by an Affidavit of Henry Maynard,
Servant to the Lord Mohun, that the said Lord Mohun
entered, and had the Key of the Tin-house there
delivered to his Use, in May, 1645; and was then,
and about the latter End of April, 1646, in quiet
Possession, and received some Quantity of Tin (being
a Duty from the Tinners to the Lord of that Manor).
And we did peruse an Order of your Lordships, dated
the 14th of January, 1646, That the Lord Mohun
should enjoy the Privilege of Parliament, as a Peer
of this Realm; and that he might have the Ancient
Writ of Privilege, to stay any Proceedings upon the
Title of his said Lands; which Order was served in
February last upon Sir Henry Carewe and Charles Roscarrocke (by one Webber), who by Affidavit affirmeth,
That, at that Time, Sir Henry Carewe and the others
did come, with much Company, to take away the
Tin then due; and that Sir Henry Carewe did then
say, "It was a forged Order;" and that Mr. Roscarrocke said, "He thought so too." And that, upon
striving for the said Tin, the said Webber was thrown
down; and others of the Lord Mobun's Agents were
hurt. But, on the other Side, Henry Barnard by
Affidavit saith, That he saw a Deed sealed by Sir
Reignold Mohun, Grandfather to the Lord Mohun that
now is, dated in September, in the Tenth Year of His
Majesty's Reign, whereby he estated those Lands
upon Reygnold Mohun his Son (by Dorothy his Third
Wife) and his Heirs for ever; under which, Sir Henry Carew and the others do claim, in Right of their
Wives, as Sisters and Coheirs of the said Reignold
Mohun the Son. And John Dingle saith, That, immediately after the Death of the Lady Mohun (which
was in February, 1643), the said Sir Henry Carew and
the others did cause an Entry to be made into the
Manor of St. Day, and Possession to be taken for
them; and that they received the Profits for One
whole Year, immediately after the said Lady's Death;
and that the Lord Mohun's Servants, the Ninth of
February last, did come to take away the Tin in the
said Manor, pretending they were authorized by an
Order of Parliament. But Sir Henry Carew and Mr.
Roscarrocke, perceiving that the said Order did not
warrant them so to do, did deny the Delivery of the
said Tin; and that thereupon the said Lord Mohun's
Servants did first assault and beat the Servants of the
said Sir Henry Carewe and the others, endeavouring
by Violence to take away the Tin: And Peter Furden, in his Affidavit, faith the same in Effect with
Dingle; adding, That, when Sir Henry Carewe and
Mr. Roscarrocke had read your Lordships Order, they
said, "They should obey any Order of Parliament;
but they conceived they were not by that Order forbidden to take the Profits of their own Lands." But
all the Proofs on either Side being but Affidavits
(which do very seldom set forth the whole Truth, and
these seeming to cross one the other), we cannot
certify your Lordships that Sir Henry Carewe or Mr.
Roscarrocke have committed any Contempts, without
further Proofs; (which if it shall please your Lordships to direct) we shall then (if your Lordships command us) endeavour to give your Lordships further
All which we humbly submit to your Lordships
Report from the Committee for Sequestrations, for Mrs. Hall, Wife of the Bp. of Norwich, to be allowed 140 l. per Ann. Temporal Estate of the Bishop's, in Lieu of a Fifth Part of the Bishopric.
"Die Mercurii, 12 Januarii, 1647.
At the Committee of Lords and Commons for
"Upon the Petition of Elizabeth the Wife of Joseph
Hall, Doctor of Divinity, late Bishop of Norwich;
and the Certificate of the Committee of Norff. bearing
Date 11 Decembris, 1647, touching the said Dr.
Hall, the Petitioner's Husband, Copies whereof are
hereto annexed; it appearing, by the said Petition
and Certificate, that the whole Profits of the Bishopric of Norwich aforesaid are taken into the Trustees
Hands for the Sale of Bishops Lands, by Ordinance of
the 16th November, 1646, whereby the Petitioner is
deprived of a Fifth Part thereof; and it likewise appearing by the said Petition, that there is One Hundred and Forty Pounds per Annum, Temporal Estate,
belonging to the Petitioner's Husband, under Sequestration, in the Counties of Essex, Devon, and Exceter, wherein the Petitioner is joint Purchaser with
her said Husband:
"It is Ordered, That (in respect this Committee
have no Power to allow the Petitioner a Fifth Part of
the said Bishopric, by reason of the said Ordinance
of 16 Nov. 1646) it be moved to both Houses,
That they may be pleased to allow the said One Hundred and Forty Pounds per Annum to the Petitioner
and her Children, for their Maintenance, in Lieu of
their said Fifth Part: And Mr. Dennis Bond, a Member of this Committee, is desired to move the House
of Commons, and the Right Honourable the Lord
North to move the House of Peers, to know their
Vera Copia, exam'r per me,
R. Vaughan, Cler. Com."
Report from the Committee for Sequestrations in Norfolk, about it.
"To the Right Honourable the Committee of
Lords and Commons for Sequestrations.
The humble Certificate of the Committee
for Sequestrations, in the County of Norff.
"Whereas, by an Order from the Right Honourable
Committee of Lords and Commons for Sequestrations,
bearing Date Nov. 3, 1647, it is ordered, That a
Fifth Part of the whole sequestered Estate of Joseph
Hall, Doctor of Divinity, be allowed to the Petitioner
Elizabeth, Wife of the said Joseph, for the Maintenance of herself and her Family, together with the
Arrears thereof; and the Committees of several
Counties by whom the Sequestration was made are
required and enjoined to see the same effectually performed; we, of the Committee of Sequestrations for
the County of Norff. do hereby signify, That the
whole sequestered Estate of the said Joseph, in this
County, being the Lands and Revenues of the Bishopric of Norwich, which are, and have been ever since
the Ordinance for the Sale of Bishops Lands, November 16th, 1646, taken out of our Hands, and committed to certain Trustees named in the said Ordinance, in these Words, amongst other, "That the
said Trustees shall stand and be seised of all and singular Rents, Revenues, Issues, and Profits, which were
due and payable after the First Day of November,
1646, notwithstanding any Sequestration of the same,
&c." so as this Committee could not satisfy, neither
have Power, for the last Year, to allow unto the said
Elizabeth the said Fifth Part of the sequestered Estate
of the Bishopric, Part whereof we believe is also
sold since that Time, according to an Ordinance for
All which this Committee doth humbly submit
to your Honours most grave and judicious
Norwich, 11 Dec. 1647.
Jo. Fere, Sol. Sign.
Abr. L. Barbor.
Vera Copia, exam'r per me,
R. Vaughan, Cler. Com."
Mrs. Hall's Petition, to the same Effect.
"To the Right Honourable Committee of Lords
and Commons for Sequestrations.
The humble Petition of Elizabeth the Wife
of Joseph Hall, Doctor of Divinity, late
Bishop of Norwich;
"That your Petitioner's said Husband having all
his Spiritual Means taken away by Ordinance of Parliament, insomuch as your Petitioner hath not had
One Penny for a Fifth Part for the whole Year last
past; and his Temporal Estate, being also held from
him by Sequestration, affording little or no Relief to
"That hereupon your Honours were favourably
pleased, upon your Petitioner's humble Petition, by
your Order of the 3d of November, 1647, to order,
That the Fifth Part of the whole Estate of her said
Husband be allowed unto your Petitioner and her
Children, for their Maintenance, together with the
Arrears thereof; and that the several Committees of
the Counties by whom the Sequestrations was made
were enjoined and required to see the same effectually
performed under Penalty:
"Now, forasmuch as the Committee of Sequestrations for the County of Norfolke have, the Eleventh
of this Instant December, made their humble Certificate to your Honours, That the whole sequestered
Estate of your Petitioner's Husband, in the said County, being the Land and Revenues of the Bishopric,
and have been, ever since the Ordinance for the Sale
of Bishops Lands, November 16th, 1646, taken out
of their Hands, and committed to certain Trustees
named in the said Ordinance, so as they were altogether disabled for the said last Year to allow your
Petitioner her said Fifth Part, as by their Certificate
hereunto annexed at large may appear; insomuch as
your Petitioner is left altogether destitute of any
Hopes of Relief therefrom:
"Your Petitioner therefore humbly prayeth,
That, in Lieu thereof (for her present Maintenance), the Temporal Estate belonging to
your Petitioner and her said Husband, which
is to the Value of One Hundred and Forty
Pounds per Annum, or thereabouts, in the
Counties of Essex, Devon, and Exeter, which
were purchased with your Petitioner's Money,
and wherein she is joined Purchaser with her
Husband, may be forthwith freed from the
present Sequestration, and accounted for from
the said Time the Fifth of the Bishopric hath
been with-held and converted to the State's
Use as aforesaid, that your Petitioner and
her Family may have some Subsistence.
"And she shall pray, &c.
Vera Copia, exam'r per me,
R. Vaughan, Cler. Com."
House adjourned till 10a, Monday Morning next.