House of Lords Journal Volume 3: 30 May 1628

DIE Veneris, videlicet, 30 die Maii,

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

Absent Lords excused.

Aldersey's Naturalization.

Hodie 1^a et 2^a vice lecta est Billa, An Act for the Naturalizing of John Aldersey, Mary Aldersey (now the Wife of Robert Crane), Ann Aldersey, Elizabeth Aldersey, and Margarett Aldersey, Children of Samuell Aldersey, of London, Esquire.

Committed unto the Committee appointed for the Naturalizing of Sir Robert Deligne, Knight.

To meet presently.

Deligne's Naturalization.

Reported by the Earl Marshal, That the Lords Committees for Naturalizing of Sir Daniell Deligne think the said Bill fit to pass. But they think fit the said Sir Daniell Deligne to declare, under his Hand, to Mr. Attorney General, That he will not use the Trade of Merchandize, neither by Stock or otherwise.

Aldersey's Childrens Naturalization.

His Lordship also reported, That the said Committee had considered of the Bill for Naturalizing of the Children of Samuell Aldersey, and think the same fit to pass, without any Amendments.

Ordered, To be ingrossed.

Bidle versus Bowers.

The Information of John Bidle read, against Relph Bowers, Auncient-bearer to the Company of Soldiers billeted at Bromesgrave, in the Country of Worcester, "That the said Ralph Bowers should say, This Country is base; and, for their Baseness, I trust in God to see this Country over-run by the Enemies before it be long. And that the said Bowers hath, since those Speeches, grievously wounded Roborte Biddle, Son of the said John, and threateneth the said John, so that he is in great Fear of his Life."

The said John Biddle, being sworn, did justify the same at the Bar.

Bowers sent for.

Ordered, The said Ralph Bowers to be sent for, and brought up by the Serjeant as Prisoner, to answer the same:

Yeo to attend the House.

Ordered, His Majesty's Writ of Habeas Corpus cum Causa, etc. to be awarded to the Marshal of the King's Bench, to bring the Body of Yeo, before the Lords in Parliament, on Thursday next, at Two post meridiem, and afterwards de die in diem, quousque, etc.

E. of Northampton versus Bowyer.

Nicholas Bowyer was this Day brought to the Bar again, and confessed the Words objected against him to be spoken concerning the Earl of Northampton, Lord President of the Marches of Wales, and tendered his Submission for the same.

Being withdrawn, it was referred to the Earl Marshal and Lord Bishop of Lincoln to draw up the Form thereof, which they did, in hæc verba: videlicet,

Bowyer's Submission.

"It is this Day Ordered by the Lords, That whereas Nicholas Bowyer, of Kederminster, an Attorney at the Common Law, hath acknowledged and confessed, that he spake Words unjust and scandalous against the Lord President and Council of the Marches of Wales, and the Justice of the Court there established; that, for the same Offence, he stand committed during Pleasure; and that forthwith he shall humbly acknowledge at the Bar, in this House, his hearty Sorrow for this great Offence, and ask Forgiveness of the Lords in general, for scandaling a Noble Peer of this Realm, and withall of the Earl of Northampton, Lord President of Wales, in particular.

"And also it is Ordered, That he shall make like Acknowledgement of his Fault, and ask Forgiveness of the Lord President, the Council and the Court established in the said Marches, the First Monday of the Sitting in the next Term of that Court."

The said Nicholas Bowyer, being at the Bar, made his Acknowledgement and Submission, and asked Forgiveness of the said Lord President accordingly.

Discharged.

Whereupon, at the Suit of the said Lord President, he was discharged of his Imprisonment. But, if he shall fail to make the like Acknowledgements, and ask the like Forgiveness, at the Council in the Marches (ut supra), then he is to stand committed to The Fleet.

Vaughan's Petition, touching Paine's Will.

It was this Day reported to the House, by the Earl of Clare, one of the Committee for Petitions; That whereas there was a Petition exhibited to their Lordships by Thomas Vaughan, on the Behalf of himself and others, concerning the Validity of the last Will and Testament of Thomas Paine, the Petitioner's Uncle, shewing, "That the said Will had been adjudged in the Prerogative Court of Cant. by a definitive Sentence, to be no Will made by the said Thomas Paine; yet, upon Appeal made by Abraham Colmer, Nicholas Sherwell, and Andrewe Pollexfen (who were Executors in Trust of the said pretended Will), the said Cause was referred to Dr. Rydley, Dr. Amey, and Dr. Edwards, Delegates appointed to hear the said Appeal, who, contrary to all Law and Equity, the definitive Sentence being given upon the only Proofs of the said Collmer, etc."

The said Lords Committees have thought fit and appointed the said Thomas Vaughan to petition His Majesty for a new Commission of Delegates, to review the Proceedings of the said Appeal.

This was approved of by the House; and the Lord Keeper was pleased to promise to further the said Petition unto His Majesty, on the Behalf of the said Vaughan.

Starkey versus Starkey.

Whereas Raphe Starkey, the now Eldest Son of John Starkey, Esquire, deceased, exhibited his Petition into the House of Parliament, shewing thereby, "That he having preferred his Bill in Chancery many Years past, for his Relief to be had, touching certain Manors, Lands, Tenements, and Hereditaments, whereof the said John Starkey died seized, and possessed, lying in the County Palatine of Chester, being of the Yearly Value of Five Hundred Pounds, or thereabouts; which Lands and Premises one Henry Starkey, youngest Son of the said John, after the Death of the said John, entered into, and hath ever since withheld, and kept the same from his said Elder Brother Ralphe Starkey, by Colour of a Deed of Feoffment procured from the said John Starkey in his Life-time, in and by which said Deed, he the said John Starkey the Father reserved a Power of Revocation to himself; and that the said Ralphe Starkey hath, in the said Court of Chancery, endeavoured to prove a Revocation of the said Deed, by a Will made by the said John Starkey, whereby the the said Lands were conveyed as aforesaid; and that divers Witnesses have been examined in the said Court of Chancery by both Parties, and divers Orders and Hearings have been had thereupon, in the Time of the late Lord Chancellor Elsmeere, Viscount Bracklye, deceased, who died before the same could come to a final Hearing and Determination; whereupon, in the Time of the succeeding Lord Keeper, the said Henry Starkey procured a Reference to certain of the Judges, to certify their Opinions touching the Jurisdiction of the said County Palatine of Chester; who certified, That the Proceedings in that Cause would infringe the said Jurisdiction, by which Means the said Ralph Starkey was barred and hindered from his ordinary Relief in that Court, whereby he was driven to seek Relief in the High Court of Parliament; where the said Ralph Starkey having attended many Parliaments, did now most humbly, by his Petition, desire Relief again "herein;" the which Petition was referred to the Committee for Petitions. And their Lordships reported to the House, "That they thought fit the Cause to be heard in Chancery upon the former Bill and Proceedings there, notwithstanding the Jurisdiction of the County Palatine of Chester; for that the said Ralph Starkey had examined many Witnesses thereon, who are now dead; and their Depositions, being taken in Chancery, will not be allowed of in Chester." And the House approved thereof.

Whereupon it is this Day Ordered, by the Lords Spiritual and Temporal in this High Court of Parliament assembled, The Lord Keeper of the Great Seal of England to proceed to hear and finally determine the Cause formerly depending in the Court of Chancery, upon the Bill there first exhibited by the said Ralph Starkey, Plaintiff, against the said Henry Starkey, David Massye, and others, Defendants, for the said Lands in Question, notwithstanding any Privilege or Jurisdiction that may be claimed or pretended in or for the said County Palatine of Chester; and all the former Proceedings in the said Bill, and all Depositions taken in Chancery in that Suit, to stand in Force.

Morgan's Bill.

Hodie 2^a vice lecta est Billa, An Act for re-estating certain Lands late of William Morgan, Esquire, etc.

Committed unto the

To meet presently, in the Painted Chamber.

E. of Huntingdon versus Sir Henry Sherley.

Ordered, Sir Henry Sherley to attend the House on Wednesday next, concerning the Complaint of the Earl of Huntingdon against him.

Reynde to be apprehended.

Ordered, The Serjeant at Arms to make such and so many Deputies for the Apprehension of Henry Reynde, as the Lord Say shall appoint; and his Captain to be warned to bring him hither by a Day.

Haines versus Parham.

John Parham is to have Day to answer the Petition of Thomas Haines, before there be any further Proceeding therein against him.

Reformation of Gaols.

Mr. Serjeant Crewe is to reform the Bill for Reformation of Prisoners committed to the Common Gaols, and to attend the Lord Chief Justice therewith before it be presented to the House again.

Committes for Petitions.

The Lords Committees for Petitions are to meet this Afternoon, and Mr. Justice Hervey is to attend their Lordships.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Sabbati, 31^m diem instantis Maii, hora nona, Dominis sic decernentibus.