House of Lords Journal Volume 9: 13 July 1647

Pages 328-329

Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 328
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DIE Martis, 13 die Julii.

PRAYERS, by Mr. Taylor.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Warwicke.
Comes Stamford.
Comes Midd.
Comes Lyncolne.
Ds. North.
Ds. Hunsdon.
Ds. Willoughby.
Ds. La Warr.

Sir J. Chichester's Petition.

Upon reading the Petition of Sir John Chichester Baronet. (Here enter it.)

It is Ordered, That the Judges of the King's Bench do certify to this House in Writing, forthwith, the Matter of Fact of the Trial, that so this House may give further Direction therein.

Answer from the H. C.

Dr. Heath and Mr. Page return with this Answer from the House of Commons:

That they agree to the Order for the King's Children to go to see the King: As to the rest, they will send an Answer by Messengers of their own.

Preacher at the Fast.

Ordered, That Mr. Anthony Burges shall preach, the next Fast-day, before the Lords, instead of Mr. Bolton.

Lady Eliz. Grey's Petition, for an Allowance.

Upon reading the Petition of Dame Eliz. Grey; shewing, "That she and Children have lost all their Estate in Ireland; therefore desires that some Weekly Allowance for their Subsistence may be allotted:"

It is Ordered, To send this Petition to the House of Commons, with special Recommendations, that some speedy Allowance (fn. 1) may be granted to her; and that it may be done with Effect.

Mr. Murray to attend on the King.

Ordered, That Mr. Henry Murray may have Leave to go and attend upon the King; and the Concurrence of the House of Commons to be desired herein.

Dr. Le Royer's Petition, for an Allowance for his Losses.

Upon reading the Petition of Peter Le Royer, Doctor in Physic, desiring "Reparations for his great Losses:"

It is Ordered, To (fn. 2) be sent to the House of Commons, with Recommendations.

E. of Cleveland's Bail.

"Thomas Comes Cleveland, recognovit se debere Domino Regi in 1000
"Christophorus Abdy, Mil. de Lond. recognovit se debere Domino Regi 500
"Richardus Napper, Mil. de Lond. recognovit se debere Domino Regi 500

"The Condition of the abovesaid Recognizances is, That the Earl of Cleaveland shall render himself a true Prisoner to the Lieutenant of The Tower at the End of Three Months; or at Fourteen Days Warning, left at the House of the Earl of Cleveland, if the House require it in the mean Time."

Langham & al. and Lymbrey & al.

Ordered, That, upon Monday next, at Nine of the Clock in the Morning, this House will hear the Judges argue severally, and deliver the Grounds and Reasons of their Opinions, concerning the Cafe between Alderman Langham, &c. and Captain Lymberey, &c.

L. North, Leave to be absent.

Ordered, That the Lord North hath Leave to be absent for Six Weeks.

Charge against Sir J. Norris.

Ordered, That the Complaint against Sir John Norwich, and likewise his Defence, shall be heard, by Counsel on both Sides, on Friday next.

Ordinance for Dr. Clarke to be Judge of the Admiralty;

The Earl of Warwicke reported the Order for appointing Dr. Clarke to be Judge of the Admiralty, as fit to pass, with some Alterations; which being read, this House agreed to it.

Message to the H. C. with it, and the Count. of Kildare's Petition.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Page:

1. To desire their Concurrence in the Order for Dr. Clarke to be Judge of the Admiralty, with the Alterations.

2. To deliver to them the Petition of the Countess of Kildare, with Recommendations.

Col. Allen versus Nicholas.

Upon reading the Petition of Edward Allen, Lieutenant Colonel; complaining, "That one Nicholas refuses to stand to the Agreement under his Hand and Seal:"

It is Ordered, That the said Nicholas shall attend this House To-morrow Morning, to shew Cause why he doth not make good his Agreement.

Col. Wiltshire and Walker.

Upon reading the Petition of Lieutenant Colonel Wiltshire; desiring, "That the Payment of the Sixty Pounds to one Walker may be suspended, and paid to him out of his First Arrears; he promising faithfully to give the said Walker good Security:"

It is Ordered accordingly.

Sir J. Chichester's Petition, for the Punishment of Manslaughter to be remitted him, for killing Foyle.

"To the Right Honourable the House of Peers in Parliament assembled.

"The humble Petition of Sir John Chichester Baronet;


"That your Petitioner, the Fourth Day of March last, in a jesting and sporting Manner, being at Foils with his then Servant Martin Foyle, by an unhappy Accident of the falling off of the Chape from the Petitioner's Sword, unfortunately, without any evil Intent, wounded the said Martin in the Left Side of the Belly, whereof he died; for which Fact, upon the Arraignment of the Petitioner at the King's Bench in Easter Term last, he was found guilty of Manslaughter; and the Corporal Punishment of burning in the Hand therefor due was, (fn. 3) at the Petitioner's humble Request, respited by the Judges until next Michaelmas Term, for the obtaining a Pardon of Grace for the same.

"And that the Truth of the Case may clearly appear to their Lordships, his humble Prayer is, That an Order may be directed to the Judges, to certify the Manner of the Fact and the Proceedings had thereupon; that so the Petitioner may obtain the Grace and Favour from both Houses of Parliament, of remitting the said Corporal Punishment, and all other Penalties and Forfeitures; for which the Petitioner is an humble Suppliant to your Lordships.

"And he shall ever pray, &c.

"John Chichester."

Writs of Error brought in.

Mr. Justice Bacon brought into the House Writs of Error; (videlicet,)

1. Quartermayne versus Martin.
2. Vynor versus Harris.
3. Balthropp versus Salmon.
4. Croson versus Gosodby.
5. Napper versus Boniface.
6. Watson versus Miller.
7. Tankard versus Rounthwaite.
8. Raule versus Johnson.
9. Underhill versus Vincent.
10. Blencoe versus Buttery.
11. Day versus Gutch.
12. Barrett versus Compton.
13. Downes versus Styles.
14. Grover versus Rumsey.
15. Ingram versus Inninge.
16. Smith versus Rouch.
17. Harlowe versus Cripps.
18. Turner versus Holland.
19. Tayler versus Harward.
20. Hall versus Mointegne.
Radford versus Clarke.
Skinner versus Andrewe.
Lymbrey versus Lenthall.
Pulford versus Perryam.
Bowyer versus Hudson.
Hayes versus Grove.
Cadwicke versus Sheldon.
Durrant versus Sheppard.
Grosvennor versus Stone.
Towers versus Hoyle.
Markenfeild versus Battle.
Bitterman versus Emes.
Gallop versus Lockier.
Flay versus Peter.
Brough versus Hunt.
Cert. pro Keighley versus Bentall.

King's Children, Leave to go to Him.

"Ordered, by the Lords and Commons assembled in Parliament, That the Houses think fit, that the Duke of Yorke, the Duke of Gloucester, and the Princess Elizabeth, do go to see the King, and to stay with Him Two Nights; and that the Earl of Northumberland be appointed to go with them. As for the Place, providing of Money, and all Accommodations relating to this Business, that it be referred to the Committee of the Revenue."


  • 1. Origin. was.
  • 2. Deest in Originali.
  • 3. Deest in Originali.