Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, videlicet, 28 die Maii,
Erecting of Inns.
E. of South'ton.
E. of Dorset.
L. Bp. of London.
L. Bp. of Durham.
L. Bp. of Norwich.
L. Bp. of Chester.
Lord Chief Justice,
Mr. Justice Jones,
All the King's Learned Counsel,
|To attend the Lords.|
Mac Donnogh versus Stafford.
Hodie, The Lord Chief Justice brought in the Record of the Judgement given in the King's Bench, between William Mac Donnogh, Plaintif, and John Stafford, Defendant, in Placito Transgressionis et Ejectionis Firmæ, for Lands in the County of Wexford, in Ireland, according to His Majesty's Writ of Error.
Warrant of Attorney.
Scire facias to be awarded.
Whereupon it is Ordered, That His Majesty's Writ be awarded, and directed to the Lord Chief Justice of the King's Bench in Ireland, commanding him that he grant a Writ of Scire facias, under His Majesty's Seal of the King's Bench in Ireland, unto the Sheriff of the County of Wexford, to warn the said John Stafford, Gentleman, to appear before their Lordships, at the next Session of Parliament here in England, to hear the said Record, and Process of Error in the said Judgement, given in the King's Bench here in England, between the said William Mac Donnough and the said John Stafford, pro eisdem Transgressionibus et Ejectione Firmæ eidem Willielmo per præfatum Johannem illatis.
Warrant for the Writ.
To reverse a Decree of the Court of Requests. Edwards versus Edwards and Sherborne.
The Lord Bishop of Bangor reported, That the Lords Committees on the Bill to reverse the Decree between Edwards and Edwards, have considered thereof; and conceive, That Right is in the Son, Equity in the Father; and moved, That it might be referred to Three Judges.
Ordered, That the Differences between the Father and the Son, in the said Bill contained, (fn. 1) referred unto the Lord Bishop of Bangor, Mr. Baron Bromly, Mr. Justice Hutton, and Mr. Justice Chamberleyne, or to any Three of them (whereof the said Lord Bishop to be one); finally to end the same, if they can; or else to certify their Opinion at the next Session of Parliament.
Bishop of St. David's Privilege.
L. Cromwell's D°.
Upon Complaint that Richard Culpeper, Servant to the Lord Cromwell, was detained in Prison, in The Marshalsea; upon a Reddit se, and upon other Actions of Debt, contrary to the Privilege of this Court; His Majesty's Writ of Habeas corpus is Ordered to be awarded, and directed to the said Marshal of The King's Bench, to bring the Body of the said Richard Culpeper, before their Lordships, To-morrow Morning, at Nine.
Rogers versus Ingram.
The Earl of Bridgewater reported, That whereas the Petition of Mrs. Grizell Rogers, exhibited to the House for the settling her Title in certain Lands in Haygrove, in the County of Somersett, and for the quieting of divers Suits stirred up against her by Sir Arthur Ingram, was, by the House, referred to him the said Earl and the Lord Russell; that their Lordships had called the said Parties before them; and did find that the said Sir Arthur Ingram did deal fairly and Gentleman-like in that Business, for any Thing appearing to their Lordships; and that he and Mrs. Grizell Rogers were finally agreed, and had subscribed unto the same; which their Lordships thought fit to be performed.
"Whereas Grizell Rogers, Widow, having exhibited her Petition to this Honourable House, for the settling her Title to certain Lands in Heygrove, in the County of Somersett, and for quieting and ending divers Suits and Differences between her and His Majesty's Attorney General, and between her and Sir Arthur Ingram, Sir William Whitemore, and others, concerning the Premises; it was Ordered by this Honourable Court, the 14th Day of April last, That the Right Honourable the Earl of Bridgewater and the Lord Russell should hear and determine the said Differences, if they could, or certify their Opinions to this Court; after full Hearing and Debating of which Cause by the Parties on both Sides, before their Lordships, and upon their Lordships Report thereof to this Honourable House, this present Day; and, upon shewing an Agreement in Writing between the said Parties on both Sides, made before their Lordships, and signed by the said Sir Arthur Ingram and Grizell Rogers; it is this Day Ordered, by the Lords Spiritual and Temporal in this High Court of Parliament assembled, whereunto all the said Parties had Assented, That whereas, in Heygrave aforesaid, there is a Piece of Meadow, called Hopping Half Acre, of the Yearly Rent of Eighteen Pence; and one John Tounsend holdeth a Tenement there, of the Yearly Rent of Twenty-eight Shillings and Nine Pence; one Mathew Kirle holdeth a Tenement of the Yearly Rent of Twenty-four Shillings; John Bowldy, a Tenement of Nineteen Shillings and Eight Pence per Annum; Joane Parsons, Widow, a Tenement of Eleven Shillings and Eight Pence per Annum; a Tenement, late Joyners, of the Yearly Rent of Twenty Shillings and Four Pence; Elizabeth Baker, a Tenement of the Yearly Rent of Twenty-two Shillings and Eight Pence; Margery Tounsend, a Tenement of Twenty-nine Shillings and Six Pence per Annum; Agnes Peirs, a Tenement of the Yearly Rent of Fifteen Shillings and One Penny; being in the whole Eight Pounds, Thirteen Shillings and Two Pence per Annum: Mrs. Rogers and her Partners having purchased Five Pounds Nine Shillings per Annum, the Overplus being Three Pounds, Four Shillings, and Two Pence: That Mrs. Rogers shall give Sir Arthur Ingram, for the said Three Pounds, Four Shillings, and Two Pence, after the Rate of an Hundred and Ten Years Purchase, which amounts to Three Hundred and Fifty-two Pounds, Eighteen Shillings, and Four Pence: and that the said Sir Arthur Ingram shall, at his own Charges, procure Mrs. Rogers a new Grant, in Fee-farm, of the said Value of Three Pounds, Four Shillings, and Two Pence, or of the whole, at her Choice; and that by Letters Patents from His Majesty, or otherwise, as their Learned Counsel shall advise; reserving the old Rent to Sir Arthur, or the Chief Lord of the Fee; and this Grant not to prejudice, or make better, the Tenants present Estates; and this Grant to be procured by Sir Arthur, by or before the Feast of All Saints next: and that all Suits, between Mrs. Rogers and Sir Arthur Ingram, and all other the Defendants, at her Suit in Star-chamber, and all other Suits whatsoever concerning the Premises, in the Exchequer, or any other Court whatsoever, shall cease on both Sides, until Sir Arthur Ingram shall make such Assurance of the Premises to Mrs. Rogers as aforesaid; and then all the said Suits, on both Sides, to be absolutely withdrawn, frustrate, and suppressed, without Costs to either Side; and then both Sides shall seal to each other a general Release of all Matters of Difference and Cause of Suits whatsoever between them; and that Mrs. Rogers shall give Sir Arthur Ingram good Security to pay him One Hundred Pounds of the said Three Hundred and Fifty-two Pounds, Eighteen Shillings, and Four Pence, at the passing the said Assurance of the said Premises to Mrs. Rogers, and the Residue within Six Months, and that the said Mrs. Rogers shall take her Remedy for the Profits of the Tenement called Joyners Tenement, against John Allen and those that have taken the Benefit thereof, so soon as she please; and that Mrs. Rogers shall forthwith quietly enjoy all the Lands, under the said Rents of Eight Pounds, Thirteen Shillings and Two Pence per Annum; the Tenants present Estates not to be prejudiced, or made better, by this Act of Sir Arthur Ingram; and that Mrs. Rogers shall disclaim all Interest to any other Lands, Parcel of the Manor of Bridgewater Castrum cum Heygrove; and shall also give One Hundred and Ten Years Purchase for Two Acres of Salt Land, and the Garden belonging to it, if it fall not out that they be Parcel of the said Eight Tenements, or of the said Rents of Eight Pounds, Thirteen Shillings, and Two Pence per Annum; and that all the Differences in Question between Mrs. Rogers and John Bowdley and Agnes Peirce, concerning their Two Tenements, shall be referred to Four indifferent Persons, equally to be elected and nominated on both Sides, to arbitrate and end the same, if they can, before the last Day of August next following; and, in the mean Time, the Sequestration of Star-chamber shall stand in Force, and the Writ of Restitution of the King's Bench not to be prejudiced thereby, and the Profits taken by the Sequestrators in the End to be disposed of by the said Arbitrators."
Report from the Committee of Petitions.
Unto the Petition of the Gold Wire-drawers of London, who desire, "That the Bonds which they entered into before the late Commissioners for Gold and Silverthread, &c. and which remain in the Hands of the Clerk of the Parliament, may be delivered up unto them; and that, &c."
"Their Lordships think it fit, that the Consideration of this Petition be commended to the Lord Keeper of the Great Seal of England, to determine, and to give such Costs to the Party grieved by this Petition, as his Lordship, in his Wisdom, shall think fit; if his Lordship find the Petitioner to have complained causelessly, having had former Hearings, and yet not resting satisfied therewith."
To the Petition of Edmund Underwood and Robert Underwood; shewing, "That they had purchased the Manor of Moreton, in the County of Yorke, of Anthony Cage, in Reversion, for Twelve Hundred and Seventy Pounds. After which Purchase Mr. Pennyman, One of the Six Clerks in the Chancery, procured a Decree, to settle him in Possession of the said Manor, whereupon the Petitioners were constrained to give Mr. Pennyman Six Hundred and Forty Pounds.
"The Lords think fit to recommend these Petitioners to the Lord Keeper, to be relieved according (fn. 2) to the Merits of their Cause."
The Petition of Mathew Nevill and Elizabeth his Wife; shewing, "That they have had a Suit long depending in the Chancery, for certain Copy-hold Lands, within the Manor of in the County of Essex, &c. and desiring the Lords to be pleased to end the same, &c."
Glovers and Leather-dressers.
The Petition of William Smart and others, Glovers and Leather-dressers within Five Miles of London and Westm. shewing, "That they exhibited their Petition unto His Majesty, for an Incorporation of their Trade; and that His Majesty referred the same to the late Lord Chancellor and the then Lord Treasurer, who certified, That they thought their Request fit for the Parliament; whereupon they exhibited their Petition to this House the last Parliament, which was dissolved, and do now again petition to the House for their said Incorporation."
Record and Vaugham's.
To the Petition of Erasmus Record and Millicent Vaugham, shewing, "That divers Sums of Money are owing unto them, upon divers Statutes and Recognizances, unto which the Manor of Castle Campes is liable, which is now Part of the Possessions of Sutton's Hospital."
The Petition of Tymothy Pinckney, "exhibited to this House on the Behalf of himself and divers others his Creditors and Sureties for the proper Debt of Sir John Kynnedy, Knight, deceased, desiring Relief by Sale of Barne Elmes (sometime the Lands of the said Sir John Kinnedy), for the Payment of the said Debts;" as by the said Petition more at large appeareth.
"That they conceive it fit, That Barne Elmes be sold to the best Value; and, in the mean Time, the Profits thereof to be sequestered into some indifferent Hands, to be nominated by these Commissioners, or any Three of them hereafter mentioned; and a new Commission to be taken forth out of the Chancery to the Commissioners following: videlicet, the Lord Chief Justice of The King's Bench, the Master of the Rolls, Mr. Justice Dodderidge, and Mr. Justice Hutton, calling to them such Auditors as they please; and these Commissioners to approportion the Satisfaction amongst the Creditors and Sureties that shall come in within Six Weeks, according to their Debts, Engagements, and Interests, in the Estate of the said Lands and Goods; and amongst them special Care to be had of the Petitioner Timothy Pynkeney; and that, upon the executing and finishing of this Commission, the Recognizance of Two Thousand Pounds, wherein this Petitioner and others stand bound in Chancery, to be withdrawn and canceled."
Ordered accordingly; and that the said Tymothy Pynkney be referred to the said Commissioners; and that he be relieved by the Decree, amongst the rest of the Creditors; and that he be especially regarded therein.
To the Petition of John King; shewing, "That he is wrongfully put out of Possession of certain Lands in; and that he had exhibited his Bill into the Court of Requests to be relieved; and his Cause, being there Ordered to be heard, was notwithstanding dismissed without Hearing."
Petitions to remain in Statu quo, till next Session.
The Earl of Bridgwater, having ended these Reports, moved the House, That all other Petitions (save that of William Mathew) not yet reported, may be retained in Statu quo, &c. until the next Session of Parliament.
The Petition of William Mathewe, of Landaffe, was read; and the Answer thereunto conceived by the Lords Committees for Petitions (after Counsel heard on both Sides many several Days) was reported to the House, by the Lord Haughton; and read, in hæc verba: videlicet,
Mathew versus Mathew.
"The Lords Committees, upon the Examination of the whole Cause between William and George Mathewes, find William Mathewes principal Debt to be Five Thousand Two Hundred and Sixty Pounds; which they hold fit to be paid by the said George Mathewe thus:
|Upon St. Androw's Day next, 1624,||2000|
|Upon St. Androw's Day, 1625,||2000|
|Upon St. Androw's Day, 1626,||1260|
"And that, for Security for the Payment of this Debt, according to each several Day and Payment here set down, the whole Land to stand bound; and, that this be the better performed, the Lords Committees think fit the Execution thereof be recommended to the Court of Chancery."
Bp. of Landaffe.
Report concerning Fines imposed this Session.
Morley's Fine mitigated.
The Earl Marshal reported to the House, That the Lords Sub-committees for Privileges, &c. have considered on the Fines imposed this Parliament; and that they had received a Petition from Thomas Morley, of London, Woodmonger; humbly craving that his Fine of One Thousand Pounds, imposed on him by the House, may be remitted, and himself discharged of his Imprisonment.
And it is further Ordered, That the said Thomas Morley be discharged of his Imprisonment in The Fleet, paying his Fees for himself and Bernard Alsop, who printed the scandalous Petition of the said Thomas Morley.
Waterhouse's Fine remitted.
The Earl Marshal also reported, That the said Lords Sub-committees for Privileges, &c. have considered of the Fine of Five Hundred Pounds imposed on David Waterhowse (now Prisoner in The Fleet), for penning the said scandalous Petition of Thomas Morley; and, for that the said David Waterhowse hath made his humble Confession and Submission for the same, they do think it fit that the said Fine of Five Hundred Pounds imposed upon him be wholly remitted.
Lords Privileges with respect to their Servants reported.
The Earl Marshal also reported, That the said Lords Sub-committees for Privileges, &c. had considered how far the Privilege of the Nobility doth clearly extend, concerning the Freedom of their Servants and Followers from Arrests.
"That all the Lords, after the End of this Session, be very careful in this Point, and remember the Ground of this Privilege, which was only in respect they should not be distracted, by the Trouble of their Servants, from attending the serious Affairs of the Kingdom; and that, therefore, they will not pervert that Privilege to the public Injustice of the Kingdom, which was given them only that the whole Realm might, in this High Court, draw the clearer Light of Justice from them; in which Case every one ought rather to go far within, than any Way exceed, the due Limits.
"That hereafter, before any Person be sent for in this Kind, the Lord whom he serves shall, either by himself or by his Letters, or by some Message, certify the House, upon his Honour, that the Person arrested is within the Limits of the Privilege before expressed.
"And for the Particulars, they must be left to the Judgement of the House, as the particular Cases shall come in Question; wherein the House wants not all Means, as well by Oath as without, to find out the true Nature of the Servant's Quality in his Lord's Service; and thereupon, if by the House it be adjudged contrary to the true Intent, any Member whatsoever must not find it strange, if, in such Case, both himself suffer Reproof, as the House shall think fit, and his Servant receive no Benefit by the Privilege, but pay the Fees; whereas the Justice of the Kingdom must be preferred before any personal Respect, and none to be spared that shall offend after so fair Warning."
Order concerning Judicature reported.
"The Lords of the High Court of Parliament do hold it fit to consider of some Orders for the Trials of such Persons as shall hereafter be brought before them, and come to Judicature: but, the Session being soon to end for this Time, their Lordships hold it fit to declare now in the general, That, as this Court is the highest, from whence others ought to draw their Light, so they do intend the Proceedings thereof shall be most clear and equal; as well, on the one Side, in finding out Offences where there is just Ground, as, on the other Side, in affording all just Means of Defence to such as shall be questioned: For the Particulars, they do at this Time order, That, in all Cases of Moment, the Defendant shall have Copies of all Depositions, both pro and contra, after Publication, a convenient Time before the Hearing to prepare themselves; and also that, if the Defendants shall demand it of the House in due Time, they shall have their Learned Counsel to assist them in their Defence, whether they be able by reason of Health to answer in Person or not, so as they choose Counsel void of just Exception; and, if such Counsel shall refuse them, they are to be assigned as the Court shall think fit. This their Lordships do, because, in all Cases, as well Civil as Criminal and Capital, they hold that all lawful Helps cannot, before just Judges, make one that is guilty avoid Justice; and, on the other Side (according to His Majesty's most gracious Speech), God defend that an Innocent should be condemned.
"And, for the calling a Member of this High Court to the Bar, their Lordships hold it fit to be very well weighed, at what Time, and for what Causes, it shall be; and therefore, the Time being now short, Precedents are to be looked out, and this is to be considered of at the next Meeting."
Roll of Standing Orders amended.
The Earl Marshal also reported, That the said Lords Sub-committees had, divers and several Times, considered of the Orders of this House, contained in a Roll; and that they have amended the same in some Places, and added unto the same in some Points; and moved, That the Clerk might new ingross the same, according to the said Amendments and Additions.
The Lord President reported to the House, That the Lords Committees for the Bill exhibited by the Felt-makers of London, for Relief against a Decree in the High Court of Chancery, at the Suit of Christopher Warwicke, Gentleman, do think fit that the said Bill do rest until further Consideration may be taken of it.
New erecting of Inns.
His Lordship also reported, That the Lords Committees on the Bill concerning the New-erecting and Ordering of Inns do think fit that the Bill sleep at this Time; and that the Judges confer of it, and publish to the Justices of the Peace, in their several Circuits, how far their Power extends, both to erect and to suppress Inns, and also to enquire into the Disorders used in Inns.
E. of Middlesex to make reparation to the Officers of the Ordnance.
The Lord President reported the Order conceived by the Lords Committees, and penned by the King's Counsel (25 Maii), concerning the Officers of the Ordnance and the Earl of Midd. which was read, in bæc verba: videlicet,
"Whereas, in July 1621, divers Officers of the Ordnance did agree with the Right Honourable the Earl of Midd. (then Lord Cranfeild), for their Interest of and in the Extent of Sir Thomas Dallison's and Sir Thomas Mounson's Lands, for which Interest and Extents the said Earl was to pay to the said Officers the Sum of One Thousand and Sixty-two Pounds in Hand; and, at Our Lady-day 1623, Five Hundred Pounds; and, at the End of every Six Months after, the Sum of Five Hundred Pounds, until the full and entire Sum of Twelve Thousand Pounds should be paid, by One Thousand Pounds per Annum, over and besides the Thousand and Sixty-two Pounds paid in Hand, which was the Sum agreed upon to be paid for the same:
"It is Ordered, by the Lords Spiritual and Temporal, That the said whole Sum shall be made good, and be paid, by the said Earl, to the said Officers accordingly, after the Rate of Ten Pounds per Centum for so much thereof, and for such Time as the same should have been paid; and for so much of the said Sum as remaineth unpaid, and whereof the Times be not already effluxed, the said Earl is to give good Security, such as the Lord Keeper and the Lord President shall allow, for the Payment of the same; and the like Security, with the like Allowance, for Payment of the Residue, as is aforesaid, for the Time the same should have been respectively paid by the said Agreement.
"And it is likewise Ordered, That the said Officers shall return and re-assure unto the said Earl, his Executors, and Assigns, all the Estate and Interest of and in the Petty Farms, which they had to them granted, by or from the said Earl, in Consideration of the said Bargain; and shall allow to the said Earl, until this Time, for all the Sums of Money by them received of the said Petty Farms, with the like Damages to be allowed by them to the said Earl for such Sums and for such Times as they have received and had the same.
Bills from the H. C.
1a, An Act against such as shall levy any Fine, suffer any Recovery, knowledge any Statute, Recognizance, Bail, or Judgement, in the Name of any other Person or Persons not being privy and consenting thereunto. This Bill was formerly returned to the Commons, with a Proviso added by the Lords.
3a, An Act for the assuring of a Messuage called Yorke House, and of divers other Messuages and Tenements, Part of the Possessions of the Archbishop of Yorke, situate in the Parish of St. Martins in the Fields, in the County of Midd. unto the King's most Excellent Majesty, His Heirs, Successors, and Assigns; and of the Manor of Acombe alias Acom with Hollgate, and The Graunge called Beckhay Graunge, in the County of Yorke, or in the County of the City of Yorke, Part of His Majesty's Possessions, unto Toby Lord Archbishop of Yorke and his Successors. This Bill was formerly sent to the Commons; and they have added unto it the Manor of Santon, and so returned it, with divers Amendments.
E. Middlesex to deliver Books belonging to the Wardrobe.
It was signified unto the House, That the Earl of Midd. when he left the Office of the Great Wardrobe, (fn. 3) took away with him Four or Five Books of Accompt, belonging to the said Office; so that the Earl of Denbigh, who is now Master of that Office, knows not how to make his Accompts without the said Books: whereupon it is Ordered, by the Lords Spiritual and Temporal, That the said Earl of Midd. do forthwith deliver all the Old Books of Accompt, concerning the said Office of the Great Wardrobe, unto the Earl of Denbigh, or unto such as he shall send for the same.
Exchange between the King and Archbishop of York. Exped.
HODIE 3a vice lectæ sunt, the Amendments of the Bill, intituled, An Act for the assuring of a Messuage called Yorke House, and of divers other Messuages and Tenements, Part of the Possessions of the Archbishop of Yorke, situate in the Parish of St. Martins in the Fields, in the County of Midd. unto the King's most Excellent Majesty, His Heirs, Successors, and Assigns, and of the Manors or Lordships of Brighton, Santon, Acombe, alias Acom with Hollgate, and The Grange called Beckhey Graunge, in the County of Yorke, or in the County of the City of Yorke, Part of His Majesty's Possessions, unto Toby Lord Archbishop of Yorke and his Successors. And Expedited.
"That your Petitioner's Decree, now questioned, hath been several Times submitted unto by William Mathew, never questioned during the Life of the Petitioner's Father; and His Majesty, upon Information by Petitions on both Sides, declared that He saw no Cause for questioning thereof; and it was thereupon Ordered, That to hear a Cause after a Submission (no Corruption appearing) would be a dangerous Precedent.
"In Consideration whereof, and for that the Decree stands questioned only by Petition, nor was your now Petitioner ever Party to any Suit, nor is there any Bill depending in any Court; he being informed by Counsel, that it hath been the Course of this Honourable House to reverse Decrees but by Bill legally exhibited, especially where no Corruption is proved:
"He most humbly beseecheth, that he may have the Liberty of a Subject; and that he may not be concluded, and a Decree submitted unto overthrown, and the small Remainder of his ancient Inheritance taken from him, by Order of this Honourable House, only upon a Petition.
This Petition being read, and considered of, these Lords, videlicet, the Earl of Mountgomery, the Lord Bishop of Durham, the Lord Say and Seale, and the Lord Denny, were appointed by the House to set down an Order in this Cause, between William and George Mathewe.
E. of Middlesex's Lands liable to his Debts.
Message from the Commons, by the Lord Cavendish and others: videlicet, That the Commons returned to the Lords One Bill, An Act to make the Lands of Lionel Earl of Midd. subject to the Payment of his Debts, &c. with Amendments.
Act of Grace. Exped.
E. of Middlesex to make Reparation to Sir Thomas Munson.
The Lord President reported to the House, That the Lords Committees for the Earl of Midd's Business thought it fit that the said Earl should allow and pay Two Thousand Pounds, unto Sir Thomas Munson, in Lieu of the Six Baronets, and the Suit to compound with His Majesty's Copyholders of Wakefeild, which were promised by the said Earl upon a Bargain, and not performed.
E. of Middlesex and Cary to compound Matters.
Ld. Willoughby's Petition referred to the Lord Keeper.
And touching the Petition of the Lord Willoughby, That the same be commended to the Lord Keeper, by Order of the House: whereunto the House Agreed; and the Lord President and the other Lords Committees are to draw up the said Order touching the Lord Willoughby.