BHO

House of Lords Journal Volume 9: 2 March 1647

Pages 49-54

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

This free content was digitised by double rekeying. All rights reserved.

Citation:

Table of contents

DIE Martis, 2 die Martii.

PRAYERS, by Mr. Spurstowe.

Comes Manchester, Speaker.

Comes Kent.
Comes Nottingham.
Comes Mulgrave.
Comes Warwicke.
Comes Lyncolne.
Comes Rutland.
Comes Northumb.
L. Viscount Say & Seale.
Comes Sarum.
Comes Midd.
Comes Suffolke.
Ds. Howard.
Ds. Robertes.
Ds. North.
Ds. Willoughby.
Ds. Wharton.
Ds. Grey.
Ds. De laware.
Ds. Maynard.
Ds. Bruce.
Ds. Dacres.

Answers from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they will send an Answer by Messengers of their own.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they agree to the Alterations in the Ordinance concerning the Ten Thousand Pounds for the Affairs of Ireland; and they agree to the Credential Letter for Mr. Strickland: (Here enter them.) And they have taken into Consideration the Earl of Chesterfield's Petition.

Mr. Hakewell, Leave to be absent.

Ordered, That Mr. Hakewill hath Leave to go into the Country, for Recovery of his Health.

List for Payment of Arrears to Officers and Soldiers.

The List Yesterday brought from the House of Commons, for paying a Proportion of the Arrears to Officers and Soldiers that have served the Parliament, (fn. 1) was read, and Agreed to by this House.

Bent and Swinfield, in Error.

This Day Swinfield's Counsel argued the Errors in the Writ of Error brought into this House between Bent Plaintiff and Swinfield Defendant.

Neither Bent nor his Counsel did appear, though the Order was served upon them for arguing the said Errors this Day.

And upon Consideration thereof by the whole House, the Question was put, "Whether to affirm this Judgement given in the King's Bench?"

It was Resolved in the Affirmative.

Langham and Lymbery.

This Day was read the Matter of Fact of the Business between Alderman Langham, &c. Plaintiff and Captain Lymbery, &c. Defendants, stated before the Judges, by Consent of both Parties.

(Here enter it.)

It is Ordered, That the Record of the Statute of 4 H. IV. shall be brought into this House on Thursday Morning, that so it may be compared with the Printed Statute, because it (fn. 2) is alledged they differ.

The Judges are to attend this House the said Day.

Report about The Carribee Islands.

The Earl of Warwicke reported from the Committee for Foreign Plantations, the State of The Carriby Islands, which was read. (Here enter it.)

E. of Carlisle, a Pass to go there.

A Declaration of this House, dated the 5th of September, 1645, concerning the Right of the Earl of Carlile to The Carriby Islands, was read.

The Question being put, "Whether the Earl of Carlile shall have a Pass to go to the The Carribe Islands?"

It was Resolved in the Affirmative.

Ordinance concerning the E.I.Co.

Ordered, That the Ordinance concerning the East India Company shall be taken into Consideration on Friday Morning next.

Ordinance to direct the Judges in Trials for Matters committed by Persons under Arms.

Ordered, That the Committee concerning the Ordinance about Criminal Matters to be respited before the Judges the next Assizes, shall meet To-morrow Morning, at Nine of the Clock.

L. Say & Seal's Servant, Privilege.

Upon Information to the House, "That a menial Servant of the Lord Viscount Say & Seale, is arrested, contrary to the Privilege of Parliament:"

Bailiffs, &c. sent for.

It is Ordered, That he (fn. 3) shall forthwith be released; and the Serjeants or Bailiffs that arrested him shall be brought before this House, to answer the same.

Sykes, Pet.

Upon reading the Petition of Wm. Sykes, Merchant, of Hull: It is Ordered, To be specially recommended to the House of Commons, for some Relief to be given to the Petitioner.

Ordinance to regulate the University of Oxford.

Ordered, That the Committee for the Ordinance for regulating the University of Oxon shall meet Tomorrow in the Afternoon, at Three of the Clock.

Latham & al. E of Carlisle's Creditors, Pet. that he may not be allowed to go to The Carribee Islands.

"To the Right Honourable the Committee for Foreign Plantations.

"The humble Petition of William Latham and Eighty other Creditors of the Earl of Carlile;

"Sheweth,

"That your Petitioners have, about Two Years since, obtained a Decree in Chancery against the now Earl of Carlile, for the Debts due unto them by his said Father; and as yet no Satisfaction given them.

"Forasmuch as they are informed that the said Earl intends to transport himself to the Island of Barbadoes, which will be the utter Undoing of your Petitioners;

They therefore humbly pray that they may be admitted to shew Cause before this Honourable Committee, why the said Earl ought not to pass beyond Sea.

"And they shall pray, &c.

State of the Case between them.

The brief State of the Case for the Creditors of the Earl of Carlile, concerning the Islands of Barbadoes.

"King Charles, by Letters Patents, dated 2 JuniiCar. grants to James Earl of Carlile the Region or Country called The Charibee Islands, with general Words, &c.

"4 April. 12° Carol. James Earl of Carlile, by Lease and Grant of the Reversion, grants and affures the Premises, inter al. to Sir James Hay, Archibald Hay, Richard Hurst, and their Heirs, upon Trust, To permit the Earl, and such as he should appoint, to receive the Profits for his Life; and, after the Death of the Earl, that the Trustees and their Heirs should employ such Monies, Rents, and Profits, as could be raised thereby, or by Lease or Sale of any Part thereof, for the Payment of all the Debts of the said Earl; and that after, the Surplusage and Residue of the said Premises should come and be conveyed to the Use of James Lord Doncaster, and to his Heirs. This appears by Deeds enrolled.

"The Earl of Carlile was indebted to Mr. Latham and others, by Judgements, Bonds, and otherwise to Tradesmen, above Twenty-five Thousand Pounds, and died Intestate, possessed of a Personal Estate of Five Thousand Pounds Value.

"James Earl of Carlile took Administration of the Goods of his Father. The Debts were not paid. The Creditors, who are many of them poor, and ready to starve for Want of Payment of their Debts, after many Delays and Treaties, preferred a Bill in Chancery against the Earl and the Trustees, to have the Trust performed and Debts paid. After Answers, whereby the Trustees were confessed, and after many Delays, and after Examination and Proof of the Debts, after several Hearings in a Court; a Decree, May and November, 20 Car. That the Islands should be employed, according to the Trust, for Payment of the Earl's Debts; and the Earl was ordered to pay Four Thousand Six Hundred Eighty-one Pounds, Eighteen Shillings, being Assets in his Hands.

"That the Earl was served with the Decree; and, in Contempt, petitioned the Lords in Parliament, who were pleased to stay Proceedings, and make a Committee to consider thereof. They met, and directed Counsel to treat; which is done, but nothing done thereupon. The Earl endeavours to go beyond Sea, as Governor of the Islands; and thereby it will be in his Power to divert the whole Profits to what Use he pleaseth; and all the Profits received from many Years are not yet accounted for, but are to be accounted for before a Master of the Chancery, and to go towards Payment of Debts.

"It is humbly desired, that the Earl of Carlile may not have any Leave or Countenance to go to the Islands; but that such Sequestrators or others, as the Court of Chancery hath or shall direct, may have Liberty and Power to manage the Affairs of the Island, and to return the Profits, for Satisfaction of the Creditors, according to the Order and Decree.

"The Truth hereof appears by the Deed enrolled, and the Decrees enrolled, and other Orders and Proceedings in that Court."

Planters, &c. of Barbadoes, Petition, concerning the Government of the Island; and for their Tenures to be settled in Common Soccage.

To the Right Honourable the Committee of Lords and Commons for Foreign Plantations.

The humble Petition of the Merchants and Planters adventuring to the Island of Barbadoes, whose Names are subscribed;

Shewing,

"That the Island of Barbadoes, in The West Indies, was either totally, or at least principally, planted and settled by the Petitioners and such as they employed, and at their great Hazards, Costs, and Charges; and being now, by God's Blessing, brought to some Maturity, so that as well this Kingdom may reap some considerable Benefit by the Customs and Trade from thence, and the Petitioners receive some Recompence towards the Charge and Expence by them sustained, if the same be carefully managed, and a right Government settled, and Peace aud Quietness maintained; but, on the contrary, the whole Plantation would in Likelihood perish, if Disorders should there arise, and that the Planters and People there, instead of labouring the Ground, and employing themselves about the Fruits there growing, should be vexed and turmoiled by Suits or Quarrels.

For Prevention thereof, (fn. 4) the Petitioners do humbly beseech this Honourable Committee, in respect they understand that there are several Claims made several Ways to the Propriety, Revenue, or Government of the said Island, to be pleased so to look upon the Petitioners and their Charge, as that their Tenure of their Lands may in the First Place be settled in Free and Common Soccage, by such speedy Means as the Wisdom of this Honourable Committee will please to direct; and also to hear the Petitioners to offer their Reasons touching the Manner of the Government, as may best stand with the Quiet of the Place; always submitting themselves to the Order and Direction of this Honourable Committee:

And they shall pray, &c.

"Thomas Andrewes.
Elias Roberts.
Maurice Thomson.
Jeremy Blackman.
Rob't Wilding.
Tho. Peade.
Roger Peele.
George Pasfeild.
James White.
John Rowe.
Thomas Walker.
John Webster.
Nicho. Butler.
Rich'd Lee.
Thomas Walklinge.
Tho. Frere.
Wm. Pennoyer.
Ric'd Batson.
John Worsam.
Michall Davison."
Michaell Spencer.
Stephen Thompson.
James Cooke.
Lawrence Chambers.
Martin Noell.
Tho. Cooke.
John Vincent.
Henry Williamson.
Henry Quintyne.

Report concerning the State of The Carribee Islands.

"Die Sabbati, 28 Februarii, 1646.

"At the Committee of Lords and Commons for Foreign Plantations.

"Whereas, by an Order of the House of Peers, dated 11th January last past, it was, upon the Desire of the Earl of Carlile to go to The Charibee Islands, referred to this Committee, to [ (fn. 5) state the] Business of the said Islands, and afterwards to make Report to the said House:

"In Pursuance thereof, it is represented by this Committee unto the said House of Peers, That, by an Ordinance of Parliament, dated the 2 of November, 1643, and since confirmed and ratified by an Ordér of both Houses, dated 21 March, 1645, the providing for, ordering, and disposing-of all Things requisite for the Governing, Securing, Strengthening, and Preserving of the English Plantations in America, and the Appointing of subordinate Governors, Counsellors, Commanders, &c. is referred to the Earl of Warwicke, as Governor in Chief and Lord Admiral of the said Plantations, and to certain Commissioners of both Houses of Parliament therein named.

"That, in Pursuance of the said Power, the said Governor in Chief and Commissioners did, about November, 1643, pass several Acts under their Hands and Seals, for exempting the Inhabitants of The Charibee Islands from all Taxes and common Charges, other than what should be necessary for the Support of the Government, and defraying the Public Occasions of the Islands; as also for the authorizing of them to choose their respective Governors (with reference to their Approbation by the said Governors in Chief and Commissioners), and to oppose the Admittance of any other Governor, not authorized by the said Governor in Chief and Counsellors, that should be obtruded upon them, or that should exact any Taxations other than what is before mentioned.

"They did at that Time, in like Manner, appoint several Governors, for the Islands of Barbados, Christopher's, Mevis, Montserratt and Antegua, inviting the said Inhabitants to submit to the Parliament's Obedience, with Promise of Protection and Encouragement.

"But the said Inhabitants have not by any Act of theirs testified, or in any Kind declared to this Committee, their Submission to the Parliament; but, instead thereof, Christopher's and Montserrat have admitted the Earl of Marleborough, in Opposition to the Parliament's Authority; and the rest of the said Islands have remained at least Neutral.

"That the said Governor in Chief and Commissioners did, 27 March, 1646, second their former Invitations, by Letters to the Governors and Council of Barbados, Mevis, and Antegua, and S'ta Cruce, reciting and renewing the Offers of Privilege before mentioned. They did also issue a Commission for examining of some Grievances in the Barbados, and a Grant of Immunity to the Inhabitants thereof from Molestation by any Ceremony or Imposition in the Matter of God's Worship; and at the same Time authorized some Masters of Ships to assist such in those Islands as should declare for the Parliament, and to deny Trade with such as had fallen to the Enemy. But (fn. 6) such Reception of the said Particulars was given at The Barbados, that the Party intrusted with Conveyance of the said Letters returned back those directed to Mevis, Antegua, and S'cta Cruse; and to that delivered at The Barbados, (fn. 7) an Answer directed to the Earl of Warwicke, from the Governor and Council thereof, was a few Days since received, being as followeth:

Letter from Barbadoes, desiring to be excused paying Obedience to Commissions sent out; till the Differences between the King and the Parliament are settled.

"Right Honourable,

By ours of the 19th of May, 1644, your Lordship received Answer of yours of the First of December, 1643; likewise of a Second of yours, of the First of December, 1643; with which Letters we received an Ordinance of Parliament, dated 2 Novembris, 1643, by which your Lordship was constituted Governor in Chief and Lord High Admiral of the English Colonies in The West Indies; unto all which we did conceive we had given a full and satisfactory Answer, which we manifested by our humble Deportments, and in not receiving the Commission brought by the Earl of Marleborrough from His Majesty, and in giving all favourable and friendly Reception unto all Merchants and Seamen which arrived here from any of the Parliament's Ports: Since which, we received a Declaration of Parliament, dated 3 Sept. 1645, by which the Earl of Carlile was confirmed in all his Rights and Titles given him by former Letters Patents. We are now, by your Lordship's Letters, dated 27 March, 1646, founded on the First Ordinance, revived the 21th of March, 1645, commanded to that Obedience, which, for the Reasons given in our former Answer, we could not then wholly submit unto, and since much more disabled, by reason of a general Declaration of the Inhabitants, subscribed by every Parish, wherein they express their several Resolutions, not to receive any Alteration of Government, until God shall be so merciful unto us as to unite the King and Parliament; which Declaration was occasioned by Intelligence received here of Commissions that were to be sent both from His Majesty and the Parliament; in which necessitated Strait, we humbly desire that our Wants of exact Obedience to your last Commands may not give Offence unto your Honour.

"My Lord, we believe we have given many Arguments of our Respects to your Lordship in particular; and shall be always ready to shew ourselves obedient to all Commands from the Honourable Houses of Parliament that may be consistent with our Safety; and as our Consciences acquit us from all Demerits, so we hope God and your Justice will protect us from all Evil threatened us.

"My Lord, [ (fn. 8) we conceive] it needful to give your Lordship Satisfaction concerning a Commission brought to us, bearing Date the 27th March, 1646, attested by your Honour and other Lords, and some Members of the House of Commons, being a Committee appointed by the High and Honourable Houses of Parliament, which the Bearers pretended to give Liberty of Conscience in Matters of Religion; but, on Perusal thereof, we find only an Exemption from having any Ceremonies or human Constitutions obtruded upon them in the Worship of God; all which Liberty, before and since the Receipt of the said Commission, every Man hath here freely enjoyed: And if any Man here have suffered (Minister or Lay), either by Deprivation, Banishment, or Imprisonment, it hath been for preaching Blasphemies or Heresies, or for maintaining or promulgating known Errors in the Fundamentals of Faith.

"We humbly desire your Lordship, that the rest of the Committee may be certified of these Truths; as likewise that your Honours will be pleased to give a favourable Construction to the honest and loyal Intentions of

Barbados, Le Octob. 1646.

"Your Honour's

"Most humble Servants,

"Phillip Bell.
Christo. Codrington.
Tho. Gibbs.
Wm. Kirton.
Geo. Boyer.
Ben. Beringer.

"To the Right Honourable Robert Earl of Warwicke. Present these."

Report of the State of the Case between the E. of Carlisle and Latham & al. his Creditors.

"That, on the 8th of January last, William Latham, in Behalf of himself and Eighty others of the Earl of Carlisle's Creditors, did, by Petition to this Committee, set forth, That the said Creditors had Two Years since obtained a Decree in Chancery against the now Earl of Carlisle, for the Debts due to them by his late Father; and pray, that, forasmuch as they are informed the said Earl intends to transport himself to The Barbados (which, as they alledge, will be their utter Undoing), they may be admitted to shew Cause why the said Earl should not pass beyond Sea; and on the 20th of January last, they presented to this Committee their Case more particularly in Writing, and set forth some Grants of the late Earl of Carlisle, whereby The Charibee Islands are assured to certain Persons on Trust, That, after the said late Earl's Death, the Monies, Rents, and Profits, raised thereby, should be employed for Payment of all his Debts, amounting to above Twenty-five Thousand Pounds; and the Overplus to the now Earl, Administrator of his said Father's Estate: Which Trusts were also confirmed in Chancery; by the Decree whereof, the said Islands are to be employed according to the said Trust: With which Decree being served, the said Earl addressed himself to the House of Peers, where the Matter is still depending, as by the said Paper is more largely set forth.

"That, on the 20th of January last, the Proceedings of this Committee in reference to the said Islands, and the said Creditors Petition and Case, were ordered to be delivered to the Earl of Carlisle; with a Desire, that his Lordship would give such Answer thereunto as he should see Cause, and also state in Writing his Interest in the said Islands, if he should think fit: To which his Lordship returned an Answer in Writing, the 8th of February Instant, being as followeth:

E. of Carlisle's Answer to Latham & al. his Creditors; and desiring Leave to go to the West Indies.

"To the Right Honourable the Committee of Lords and Commons for Foreign Plantations.

"Having received, by your Lordships Directions, a Copy of an Order of the House of Peers, bearing Date the 11th Day of this Instant Month of January, whereby it is referred to this Committee, to state the Business of The Charibee Islands; as also an Abstract of an Ordinance of Parliament, bearing Date 2 Nov. 1643, whereby the Earl of Warwicke is constituted Governor in Chief, and divers others Members of both Houses Commissioners, for the English Plantations in America, and likewise a Breviate of the Proceedings of this Committee thereupon; and the Copy of a Petition referred to you by the Creditors of my late Father, and in reference to them a Case stated concerning the said Islands; and being desired by your Lordships Order to give you an Answer in Writing to all the Premises, I shall present you with these ensuing Considerations:

"1. King Charles, by His Letters Patents, bearing Date the 2d Day of June, 3 Car'l. did grant to James Earl of Carlisle, my late Father, and his Heirs, all that Region, Country, or Province, commonly called The Charibee Islands, and, by express Words, did appropriate the Governorship and Chief Command of the same, and the Propriety to and in the Soil itself, to my said Father and his Heirs, with all Perquisites, Profits, and Royal Franchises whatsoever, in as ample Manner as the County Palatine of Durham, in the Kingdom of England, at any Time hath been held or enjoyed.

"2. Whereas your Lordships hath been troubled with the Petitions of my said late Father's Creditors, and, to give them Satisfaction (I presume), do desire me to state the Case upon the Islands; I shall be bold to let you know, they have brought me into Acquittance with the Courts of Westm'r Hall, and, through the Irregularity of their Proceedings, have enforced me to appeal to the House of Peers, where now the Cause and all the Transactions thereof is depending; and for that it is a Cause of particular Interest and Propriety, I conceive, upon Perusal, of a late Order of Parliament, bearing Date the 14 of April, 1646, it will appear to be a Thing not proper nor worthy of your Consideration.

"3. And for the Ordinance of Parliament that is mentioned, and the Proceedings thereupon, I conceive it was never intended I should be prejudiced thereby in my Inheritance; but rather receive Assistance and Protection by it, against the Earl of Marleborough, or any other Persons, who by Commissions from the King did or might disturb me in my Government and Possessions.

"And give me Leave to put your Lordships in Mind, That, by a latter Ordinance, bearing Date the 13 Day of February, 1644, I am invested and settled in all my Lands, Possessions, and Inheritances, in what Place soever; which gives me Occasion to desire that I may take the Trouble off from your Lordships, and go in Person to the Plantations.

"J. Carlisle."

"That, on the 8th of January last, divers Merchants, and the Planters adventuring to The Barbados, did, by Petition directed to this Committee, set forth the said Island to be totally, at least principally, planted by them; and being now brought to Maturity, and understanding that there were several Claims made to the Property, Revenue, and Government, they pray that the Tenure of their Lands there may be settled in Free and Common Soccage; and that their Reasons may be heard touching the Manner of the Government, which may most stand with the Quiet of the Place; a Copy of which Petition was, on the 8th of February Instant, ordered to be delivered to the Earl of Carlisle, who was desired to give or send in Writing such Answer thereupon to this Committee as his Lordship should see Cause: To which his Lordship did this Day return Answer, as followeth:

His Answer to the Petition of the Planters, &c. of Barbadoes, concerning the Government of the Island, and for their Tenures to be settled in Common Soccage.

"To the Right Honourable the Committee of Lords and Commons for Foreign Plantations.

"Having received the Copy of a Petition directed unto your Lordships, intituled, "The humble Petition of the Merchants and Planters adventuring to the Island of Barbadoes;" and being desired to return my Answer to the same: I do humbly say, That the Ground which they pretend by their Petition is the very same which moveth me to take my Voyage to those Islands; (videlicet,) to have a right Government continued there, and to maintain Peace and Quietness amongst the Inhabitants. And for their Supposition that several Claims are made to the Propriety, Revenue, and Government, of the said Islands, I understand no Right that is claimed or pretended to the same, in Derogation of my Estate; only the Creditors of my late Father may claim an Interest to the present Profits arising in those Islands, which I do allow, and shall endeavour to confirm, until their just Debts be fully satisfied.

"But for the Petitioners Desire to have their Reasons or Propositions heard, concerning such Manner of Government as they shall prescribe to have established there; as hitherto they have had no Cause to complain of the present Government under the Managery of my Deputies, nor are to be my Judges therein; so to the future, I shall be ready to receive from them any discreet Advertisement touching the same; and, as I do esteem their Good and mine reciprocally involved each in the other, I shall endeavour impartially to maintain and improve the same.

"J. Carlile."

"All which this Committee doth submit to the Consideration of the said Right Honourable House of Peers.

"By Command of the said Right Honourable Committee.

"W. Jessop, Sec."

Order to report the foregoing Papers; and that the E. of Carlisle's going to The Caribee Islands will be attended with bad Consequences.

"Die Lunæ, 1 Martii, 1646.

"At the Committee of Lords and Commons for Foreign Plantations.

"Upon Reading and Consideration of a Petition from the Planters and Adventurers to the Island of Barbados, directed to this Committee, and this Day read; they praying thereby, That the Earl of Carlisle's going to The Charibee Islands may be suspended:

"Ordered, That it be reported to both Houses of Parliament, as the Opinion of this Committee, That the going of the Earl of Carlisle to The Charibee Islands will tend to the Disturbance thereof, the Hindrance of Trade, and the Discouragement of the Planters, and will endanger the Defection of the Planters from the Parliament: And it is further Ordered, That, together with this Report, there be presented to both Houses the State of the said Islands, and of this Committee's Proceedings, both in Reference to them and to the said Earl of Carlisle: And it is referred to the Earl of Warwicke to make Report hereof to the House of Peers; and to Mr. Rigby, Mr. Bond, and Mr. Allen, or One of them, to make Report thereof to the House of Commons.

"W. Jessop, Sec."

Order for 10,000 l. for Ireland.

"Ordered, by the Lords and Commons assembled in Parliament, That Ten Thousand Pounds more than what is already lately ordered for the present Service of Ireland be provided for the same Service, deducting so much thereof as the Particulars of Arms, Ammunition, and other Provisions, shall amount unto, which they shall be furnished out of the Magazines of the Army; and that the said Ten Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, and paid by the Treasurers there unto such Person or Persons as the Committee for the Affairs of Ireland sitting in the Star-chamber shall appoint to receive the same, and issued by Order of the said Committee for the Affairs of Ireland; and the Acquittance of such Person or Persons as shall be appointed by the said Committee for the Affairs of Ireland to receive the same shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of the said Sum of Ten Thousand Pounds accordingly: And for the more speedy bringing in the said Monies, which does so much concern the Preservation of that Kingdom to this Crown, it is further Ordered, That if any Person shall advance the said Sum of Ten Thousand Pounds, or any Part thereof, that he shall be allowed Interest, after the Rate of Eight Pounds per Cent. for a Year, payable every Six Months, by the said Treasurers at Gouldsmiths Hall, for the Time that the Sum he shall so advance and lend, or any Part thereof, shall be forborn."

Langham & al. and Lymbery & al.

Inter Joh'em Cordell Mil. Joh'em Langham Alder. & al. Querentes, Joh'em Lymbrey & al. Defendentes.

This Action brought in Michaelmas Term, 17 Carol. 1641.
"There being an Action of Covenant depending in the King's Bench, between the said John Lymbry and others Plaintiffs, and the said Alderman Langham Defendant, in Trinity, 19° Car'l.; a Trial was appointed there in Michaelmas Term following.
"A Jury was returned and filed.
Octobr. 1643.
"The Alderman and his Partners petitioned the Lords in Parliament to refer the Matters to Merchants, to hear and determine; or to order the Defendants to consent to a speedy Trial, wherein indifferent Merchants may be returned for Trial of the Cause; or that the Matter might be referred to Merchants, to hear and certify their Lordships; and then their Lordships to judge.
15 Nov. 1643.
"Unto which Petition Mr. Lymbrey having answered; their Lordships, after Counsel heard on both Sides, ordered the Alderman's Petition to be retained in the House, and the Trial at Law to go on; but reserved the Equity, after the Trial at Law had, to their Lordships: And if the Verdict passed for Lymbry, he might take his Judgement, but stay his Execution till the House gave further Direction.
Mich. 19 Carol.
"The Trial proceeded; and Verdict passed against the Alderman, and Eighteen Thousand Pounds Damages given.
5 or 6 Maii, 1644.
"The Alderman and his Partners petitioned the Lords, That, there being a Great Seal and a Chancery open, the Want whereof caused their former Appeal and Address, their Lordships would dismiss the said Matter; and that they might be left to take their ordinary Course.
"Lymbry petitioned against it.
8 May, 1644.
"Ordered, To hear both Parties thereupon.
14 May, 1644.
"Lymbrey left to take his ordinary Course in Law, for gaining of a Judgement; but should stay Execution till the House should give Direction: And Mr. Alderman and his Partners to take their Remedy in Equity as their Counsel should advise.
18 May, 1644.
"By Order of the King's Bench, Day is given till Saturday after Crastin. Ascensionis, being the 20th of May; the same Rule is confirmed.
25 May, 1644.
"The Cause between the Alderman and others, against Lymbrey and others, depending in the Lords House, left to the ordinary Proceedings at Law.
28 May, 1644.
"Sir John Cordell, Alderman Langham, and their Partners, exhibit their Bill in Chancery, after Verdict, and before Judgement, against Lymbrey and his Partners, to be relieved against the said Verdict; and to be satisfied their Freight, and Damages for the Loss of their Ship.
3 Junii, 1644.
"The First Saturday of Trin Term is given peremptorily to hear the Resolution of the Court of King's Bench.
7 Junii, 1644.
"Ordered in Chancery, That the Defendants shall, by the next Seal, put in their Answer, Plea, or Demurrer, to the Plaintiffs Bill; which their Counsel consented to: And in the mean Time the Defendants Proceedings at Law ordered to be stayed.
15 & 20 Jun. foll.
"Lymbrey and his Partners answered, pleaded, and demurred.
22 Jun. 20° Car.
"After several Days for the Court of King's Bench to give their Opinion; a Rule in the King's Bench for Judgement, if Cause not shewn the 29th of June following.
29 Jun. 1644.
"The Plea and Demurrer overruled; and where the Plaintiffs Counsel moved for an Injunction, to stay the Defendants Proceedings at Law until Answer and other Order, the Court thought not fit to stay the Defendants from Proceeding to take their Judgement; but ordered that Execution be stayed, until the Defendants shall put in a perfect Answer, and the Court take further Order to the contrary; and for that Purpose the Plaintiffs might take an Injunction.
8 Julii, 20 Car.
"Ordered, by the King's Bench, That Judgement be entered for the Plaintiff; but Execution stayed till Friday after Quindena Trinitatis.
6 Sept. 1644.
"Lymbrey and his Partners answer in Chief, set forth the Judgement by Way of Answer, and insisted upon the Statute of 4H. IV.
4 Nov. 1644.
"Lymbrey and his Partners put in a Second Answer.
29 Jan. 1644.
"The Alderman and his Partners reply.
"To which Lymbrey and his Partners demurred.
10 April. 21 Car. 1645.
"Over-ruled, and the Parties to examine Witnesses; and, by Consent, the Matters at Law to rest as then they did till the Hearing; but no Witnesses to be examined to Matters formerly in Issue in the former Suit in Chancery.
27 Jan. 21 Carol.
"Heard by the Commissioners; a Decretal Order and subsequent Orders made, from which the said Sir John Cordell, Alderman Langham, and their Partners, have now exhibited their Petition of Appeal to the House of Peers in Parliament.
"To which, by Way of Answer, Lymbrey sets forth the Statute of 4 H. IV; and that, by reason thereof, the Chancery had no Jurisdiction.
Thom. Bedingfeild, cum Quer.
Jo. Bradshawe,
"C. Maynard."

Sanderson to be instituted to Plumstead.

Ordered, &c. That Doctor Heath give Institution and Induction unto Isaac Sanderson to the Vicarage of Plumsted, in Com. Kent, &c.; Mr. Tookey Patron.

Cheeke, a Pass to France.

It is Ordered, by the Lords in Parliament assembled, That Robert Cheeke Esquire shall hereby have Liberty to transport himself, at any Port of this Kingdom, for France, taking along with him Richard Burnham his Servant; provided, they take not any Thing with them that may be prejudicial to the State.

Letter of Credence for Strickland, to The States of Holland.

"Illustrissimi, Excellentissimi, ac Præpotentes Domini,

"Cum Generosus Gualterus Striclandus, Unus ex Ordinibus Communium hujus Parliamenti, ad nos redux, de constanti vestrâ in nos nostramque Nationem Humanitate & Benevolentiâ, de quâ Illustrissimis Vestris Excellentiis summas habemus Gratias, nos abundè edocuerit; eundem nos ad Vestras Illustrissimas & Præpotentes Excellentias rursus ablegare voluimus, ut Mandata nostra, quæ ad veterem hinc inde conservandam Amicitiam facient in posterum Illustrissimis Vestris Excellentiis exponat; quæ quidem ut eæ (quandocunque petet) Favore & Fide Ministris Publicis præstari solitâ audire & expedire velint, obnixè rogamus; Deum precantes, ut piis vestris Consiliis & Conatibus semper adsit.

"Dat. ex Palatio Parliamentario Westmonisteri, Martii, Anno Christi mdcxlvi.

"Illustrissimis ac Præpotentibus Vestris Excellentiis

"Officiocissimè ac studiosissimè addicti,

Proceres & Ordines Communium Parliamenti Angliæ."

Adjourn.

House adjourned till 10a cras.

Footnotes

  • 1. Origin. which.
  • 2. Deest in Originali.
  • 3. Origin. shall be.
  • 4. Origin. there.
  • 5. Origin. the state.
  • 6. Deest in Originali.
  • 7. Origin. in.
  • 8. Bis in Originali.