Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 7 die Junii.
Ds. (fn. 1) Grey de Warke, Speaker.
L. Viscount Say & Seale.
Inhabitants of Wapping Petition, for sequestering the Tithes of Whitechapel.
Upon reading the Petition of the Inhabitants of the Hamlet of Wapping, in the County of Midd. praying, (fn. 2) That the Tithes of Whitechappell may be sequestered into divers Hands, mentioned in the Petition, to be dispensed and paid to the Chief Minister of the said Chapel, until a Bill in the House of Commons be passed.
Hereupon this House Ordered, That the Earls of Pembrooke, Northumberland, and Sarum, and the Lord Howard, or any Two of them, shall examine the Contents of this Petition, and hear both Parties, and report the same to this House; and that some of the Petitioners and Dr. Johnson do attend their Lordships on Monday Morning next, at Nine of the Clock.
E. of Carlisle's Petition for Privilege, in a Suit depending in Chancery, between him and Latham & al.
Upon reading the Petition of the Earl of Carlile; shewing, "That he is sued in the Chancery by Wm. Latham and others; that now he hath, by his Answer, set forth a sufficient Estate to be conveyed to certain Feoffees, in Trust, for Payment of the said late Earl's Debts, the Petitioner not expecting any further Proceeding in the Suit; and having, by his Answer, upon his Oath, set forth a Deed, made by the Petitioner's Father in his Life-time, whereby the Personal Estate could not be Assets to pay Debts; the said Deed being in the Hands of the Petitioner's Solicitor, together with most of the Writings and Proceedings in the Cause, he lately died, and the Petitioner cannot yet obtain the same Deeds and Writings, as by Affidavit appeareth; yet, notwithstanding, the Petitioner is now served into the Court of Chancery, and, for Want of the said Deeds and Writings, like to be surprized.
Now, forasmuch as the Petitioner's Waver of his Privilege was to no other Intent than as aforesaid, and the Casualty of his Solicitor's Death could not be foreseen or prevented, and therefore ought not, as he conceiveth, to turn the Petitioner to Prejudice: He therefore prayeth so far the Privilege of a Member of this House, that he may not be taken by Surprizal, but may have Liberty to produce this Deed, and to examine his Witnesses thereunto, between this and Mich. Term next."
Hereupon this House Ordered, To recommend this Desire of the Earl of Carlile to the Commissioners of the Great Seal, with the Sense of this House thereupon, "That their Lordships think it fit to grant his Petition, hoping there will be no Prejudice to the Justice of the Chancery for so little a Time.
L. Conway discharged from his Restraint.
Next, the Lord Viscount Conway was called in; and the Speaker told him, by the Direction of the House, That his Lordship and his Bail are discharged from their Recognizance, entered into in this House the 13th July, 1643; and the said Recognizance is hereby absolutely vacated; and the Lord Viscount Conway is freed and discharged from his Restraint concerning this Business, until the further Pleasure of this House be signified.
Walsingham and Baker.
Next, this House heard the Counsel on both Sides, touching the Cause depending in this House between Sir Thomas Walsingham and Sir John Baker; Sir Thomas Walsingham complaining of "an unjust Decree made in the Exchequer against him, concerning the Manor of Hunton, in the County of Kent; that, by that Decree, he is deprived and bound up, that he cannot have his Remedy to try his Title for Hunton at the Law."
The House, taking this Business into Consideration, that it is for overthrowing a Decree made in the Exchequer wherein the King is concerned, and that it is depending in this House but by Petition; it is Ordered, That if the Plaintiff will sue to have this House take Cognizance of the said Decree, that the Proceedings be by Way of Bill and Answer, as is usually done in inferior Courts of Justice in Cases of this Nature, that so the Counsel of the King may be heard in this Business, if it be desired, in Behalf of the King.