Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 19 Octobris.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Committee to take Leave of the French Ambassador, on his going Home.
A Paper from the French Ambassador, was read; (fn. 1) declaring, "That the French King hath sent to command him to return Home; and his Brother is appointed to be Resident here, to maintain a good Correspondency between the Nations:"
Hereupon it is Ordered, That the Earl of Northumb. Earl of Manchester, and the Lord Howard, are to visit the French Ambassador, from this House, and to wish him a good Journey; and the House of Commons to be desired to name a Committee of their House; to join with the said Lords; and that the Committee for the Admiralty shall appoint a Ship, to carry him over; and that he shall have a Pass, (fn. 2) for his Retinue; and Bag and Baggage, and Horses, he giving the Number of them in; and that the Master of the Ceremonies do take Care to provide Coaches and Barges for his Accommodations, and attend him.
Absent Lords to attend:
The Gentleman Usher gave the House an Account, "That (fn. 3) he was with the Lord Robertes, to summon him to attend the House this Day; and his Lordship, being not well, desires to be excused for this Day."
Hereupon this House Ordered, That his Lordship, and all those Lords that are within Twenty Miles Distance from London, shall have Notice to attend this House by Tuesday next, or to return their Answer.
Raule and Johnson, in Error.
Upon hearing the Counsel on both Sides, arguing the Writ of Errors between Raule Plaintiff and Johnson Defendant, and upon mature Consideration: It is Ordered, That this House affirms the Judgement given in the King's Bench; and that the Record be remitted into the King's Bench, that Execution may be taken out accordingly.
Dyer and Weden, in Error.
This Day being appointed to hear the Counsel argue the Errors in the Writ of Error depending in this House, between Dyer Plaintiff and Wedon Defendant: But the Counsel of the Defendant appearing, but neither the Plaintiff nor any Counsel for him appeared; whereof Oath being made, that he had Summons to attend this Day: And upon hearing the Counsel of the Defendant:
It is Ordered, That the Judgement given in the King's Bench is hereby confirmed and ratified; and that the Record shall be remitted into the King's Bench, that so Execution may be taken out: And it is further Ordered, That the said Dyer shall pay Five Pounds to the Defendant, for Costs.
Ordinance for Guernsey, &c.
The Ordinance for the Isle of Guernsey, Sarke, &c. was read, with the Alterations, and Agreed to.
Message to the H. C. about the Fr. Ambassador;— and the following Particulars.
A Message was sent to the House of Commons, by Dr. Heath and Mr. Hakewill:
1. To desire their Concurrence in all the Particulars concerning the French Ambassador, ordered this Day.
2. To put them in Mind of the Marquis of Winton's Business.
3. To put them in Mind of the Pardon for the North'ton Prisoners.
Croker and Wite.
A Petition of Gerrard Croker, was read.
(Here enter it.)
It is Ordered, That Wise do put in his Answer to this Petition, and bring in the Writings mentioned therein, by Friday next; and that the Cause upon the former Petition, and this Petition, shall be heard, by Counsel on both Sides, at which Time both Parties, with their Counsel, shall attend.
Croker's Petition versus Wife, for practising with his late Brother, to disinherit him in his Favour, and for other fraudulent Practices.
To the Right Honourable the Lords in Parliament assembled.
The humble Petition of Henry Croker Gentletleman, the only Brother of Gerrard Croker Esquire, deceased;
That your Petitioner's Brother being seised and possessed of a fair Estate in Lands, in the County of Oxon, that is to say, the Manors of Steplebarton and the Manor of Hooknorton, and, being so seised and possessed, some Twelve Months since grew into the Acquaintance of one Mr. Wise, a degraded Barrister of Lincolnes Inne, and Etheldred Wise his Wife, and one Jackman a Solicitor, who, taking Advantage of the Distempers and Weakness that were in your Petitioner's said Brother, did, by Plots and cunning Contrivances, procure him the said Gerrard Croker, by Conveyance, bearing Date 4 Die Martii last past, to bargain and sell the said Manors of Hooknorton and Steplebarton unto the said William Wise and Etheldred his Wife, as they pretend; but could never procure him the said Gerrard to acknowledge the said Deed, whereby it might be inrolled according to the Statute, to make it work as a Bargain and Sale; neither indeed durst the said Confederates bring the said Gerrard Croker before any Judge or Master of the Honourable Court of Chancery, for fear they should discover him to be, as he was, a Man of non-sane Memory: But the said Confederates, to complete the said Deed, and to gain the said Gerrard's Estate, which ought to come to your Petitioner, did, on the Sixth of March last, which was Two Days after the supposed Sealing of the said Deed, procure Doctor Aylett, One of the Masters of the Court of Chancery, to go into Fullers Rents, in Holburne, to take the Acknowledgement of the said Deed from the said Gerrard Croker; who accordingly went, and there was brought into a Room by the said Jackman, wherein lay a Man very sick in Bed, but of Understanding, who, as the said Jackman falsely affirmed, was the said Jerrard Croker, and that he knew the said Doctor Aylett to be One of the Masters of the Chancery; whereas, in Truth, the said Gerrard Croker was that Day upon a Journey to Newmarkett, and never lay in Fullers Rents, as will well be proved: By which Means, the said Doctor Aylett, being abused, took the said Acknowledgement; and thereupon the said Confederates, the 29th of the said Month of March last past, caused the said pretended Deed to be inrolled in Chancery, to the utter Disherison of your Petitioner: And the said Confederates, in his the said Gerrard Croker's Sickness, while he was under such Distemper as aforesaid, immediately before his Death, brought to him other Writings, and a Will, for him to seal, publish, and execute the same, being contrived and framed by themselves, whereby they pretend Title to the Premises, and that he did execute the same; but do refuse to discover what the same are, or to produce the same, or let your Petitioner see the same; and have possessed themselves of all the Ancient Evidences concerning the State, whereby the Petitioner is like to be disherited, and the Commonwealth deceived of a Fine for Composition for the same, for the Delinquency of the said Gerrard.
"Now, in regard of this foul and abominable Practice, which tends to the utter Subversion of justice, and the Ruin of your Petitioner, and Loss of the Public; and for (fn. 4) that the said Premises are no where properly examinable but in Parliament; may it please your Lordships, That the Practice be speedily examined, and Justice therein done, and such Course taken for the Relief of your Petitioner, and securing the said Offenders, as to your Wisdoms shall seem good, and agreeable to Justice; and that the said Wise and his said Confederates may produce the said Writings gotten by Practice, and all the other Evidences, before your Lordships.
"And your Petitioner shall ever pray, &c."
Lucas to be instituted to Stapenhill.
Ordered, That Doctor Aylett shall give Institution and Induction unto Jo. Lucas Clerk, Master of Arts, to the Vicarage of Stapenhill, in Com. Derby, void by the Death of the last Incumbent; salvo Jure cujuscunque; Walter Knight Patron pro hac vice.