House of Lords Journal Volume 3: 29 April 1628

DIE Martis, 29 die Aprilis,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Absent Lords excused.

(fn. 1) Draining of Fens.

Hodie 1^a vice lecta est Billa, An Act (fn. 2)

Lady Purbeck's Petition for Privilege against her Husband.

Whereas Frances Lady Viscountess Purbecke exhibited her Petition this Parliament, shewing, That she, being Wife unto John Lord Viscount Purbecke, was, within the Times of Privilege of Parliament, Anno 22° Jacobi Regis, et Anno 1° Caroli Regis, summoned to appear before the High Commission, where she claimed her Privilege both Times, and it was denied her; and that they proceeded against her, and have examined, since the Summons of this Parliament.

The which Petition being considered of divers and several Days by the Lords Committees for Privileges, etc. it was this Day reported to the House by the Lord President, That the said Committee were of Opinion, that, as this particular Case appeared unto them, with all the Circumstances, the said Lady Purbeck was not to have Privilege against her Husband.

Which being reported, and by some Lords objected against, the House, having well considered hereof, Resolved and Ordered, upon the Question, That she the said Lady Viscountess Purbeck, in this particular Case, should not be allowed Privilege against her Husband.

Yet nevertheless the House thought fit, and so Ordered, That the said Lady Viscountess Purbeck, for and during the Term of Twenty Days from and after this 29th Day of April 1628, shall go and be free from any Arrest, Restraint, or Molestation.

Barons Fawconbridge, Lovelace, and Mountjoy's Precedency.

Whereas Sir Thomas Bellassise was created Baron Fawconbridge of Yarom, 25 die Maii, Anno 1627, et Anno 3° Caroli Regis; and whereas Sir Richard Lovelace was created Baron Lovelace of Hurley, 31 die Maii, eodem Anno; and whereas Mountjoy Blount was created Baron Mountjoy of Thurveston, 5 die Junii following, in the same Year, with a Clause of Volumus in the Patent of his Creation, to take Place and Precedency before all other Barons whatsoever of this Kingdom of England, created after the 20th Day of May then last past; whereof Complaint was made to this House 26 April, and the Consideration thereof referred to the Lords Committees for Privileges;

The Lord President did this Day report to the House, That the said Committee had considered thereof; and that they are of Opinion, That, according to the Statute of 31 H. VIII, and according to a former Judgement of this House this Parliament (10 Aprilis), in the like Case of Precedency granted to the Earl of Banbury, that the said Baron Fawconbridge and the said Baron Lovelace are to have Place and Precedency, according to the Ancienties and Dates of their several Patents, before the said Baron Mountjoy, whose Patent of Creation bears Date afterwards, notwithstanding the said Clause in his Patent to the contrary.

Which was generally Agreed unto, and Ordered accordingly.

Wittney's Privilege.

Colley's Arrest.

James Wittney, Clerk of the Convocation for the Diocese of Landaffe, exhibited his Petition; shewing, That his Servant Richard Colley was arrested by the Under-sheriff of Hereford, etc. contrary to the Privilege of Parliament; and that the said Under-sheriff and John Michell and John Williams slighted and contemned the said Privilege, prout per Affidavit Jacobi Clarke annex.

Ordered, Habeas Corpus cum Causa, etc. to be awarded unto the Sheriff of Hereford, to bring the said Richard Colly before their Lordships, ret. immediate.

Rodier, of Rocchelle, versus Earl of Warwick, concerning the Capture of his Ship.

The Petition of Jaques Rodier, of Mortague, in Xamtonge, near Rocchell, was read; shewing, "That, being bound from Newfoundland, in a Ship of Mortague, called The Golden Lyon, loaden with Fish, and intending to go to Rocchell to unlade the same, he was, on the 10th of September last, surprised and taken by Captain Gyles, commanding in a Man of War called The Neptune, belonging to the Earl of Warwicke: That, upon his Petition to the Council Table, it pleased the Lords of His Majesty's Privy Council to refer the Petitioner to the Court of Admiralty; requiring the Judge, that, in Case he could prove the said Ship and Goods to be Protestants Goods, then the said Ship and Goods should be discharged; but the said Earl of Warwicke doth claim the Privilege of Parliament, whereby the Petitioner is deferred, and the said Goods are like to perish; whereof he desireth this House to take Consideration."

This Petition being read; their Lordships referred the same to the Committee for Petitions.

Ld. Delawar's Privilege.

Willoughby's Arrest.

Thomas Willoughby and John Tennant and Roberte Reynder came before the Lords (according to the Order Yesterday); and it appeared to their Lordships, That John Tennent took a Bond from Sir George Hastings and Tho. Willoughby, in Robert Reynder's Name; but made it over afterwards to Reynder, for Part of his Security, for a Debt owing unto him; upon which Bond Reynder did obtain a Judgement against the said Willoughby, and laid that Execution upon him after Willoughby was in Prison in The King's Bench, and after the Time of Privilege of Parliament was expired.

After some Debate of this Business, and the reading of a Decree in the Chancery, dated the 31st of May, Anno 3° Caroli Regis, the said Willoughby prossered to pay One Hundred Thirteen Pounds, Six Shillings, and Eight Pence, unto Reynder, this Afternoon Whereupon the Lords respited any further Proceed ings upon this Business until that Money be first paid.

Earl of Cleveland's Privilege.

Bigott discharged.

Jeremy Bygott, Servant to the Earl of Cleveland, was brought before the Lords, by the Sheriff of Midd. upon the Habeas corpus awarded Yesterday; the which Writ and Return thereof being read, and considered, he the said Jeremy Bigott was delivered out of the said Sheriff's Custody, and the Sheriff discharged for the same against Thomas Moore the Plaintiff.

But whereas it appeared, upon the Return of the said Writ, that the said Sheriff had also extended the Goods of the said Jeremy, at the Suit of the said Thomas Moore, upon a Statute Scaple; their Lordships determined nothing thereon at this Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Mercurii, 30^m diem instantis Aprilis, hora 9^a, Dominis sic decernentibus.