DIE Sabbati, 21 Januarii.
Earl of Manchester is appointed Speaker
for this Day.
Mr. Mynn and Sir Richard Yonge, concerning the Office of Clerk of the Hanaper.
This Day Counsel on both Sides was heard, concerning the Difference between Mr. George Mynn and
Sir Ric'd Yonge.
The Case was this: "Mr. Mynn being put out of
the Office of the Hamper, by an illegal Sentence in
the Star chamber, and Sir Ric'd Younge was put into
the said Place: Upon this, the said Mr. Mynn brought
his Action of Assize in the King's Bench, for recovering of his Right in that Office; but Sir Ric'd
Younge, upon Petition to this House, desires he
might have the Benefit of his Privilege of Parliament,
as being the King's Servant in Ordinary, and desired
to stop the said Proceedings; and then, upon the Petition of Mr. Mynn, this House Ordered, to hear
Counsel why Sir Ric'd Younge should not have Privilege of Parliament."
Mr. Hayle, Counsel for Mr. Mynn, said, "That no
Man could have Privilege of Parliament in an Action
"1. Because a Writ of Assize is a Writ for Possession of a Freehold and Damages; and the Subject hath no other Way to recover it but by that
"2. 'Tis festinum Remedium, which admits of no
Delay; therefore ought not to be stopped.
"3. That the Privilege of no Court extends to an
Action of Assize, being a real Action.
"4. The Privilege of Parliament extends not to
Servants, that they may not be impleaded.
"They may be impleaded, but not arrested.
"The Privilege of a menial Servant of the King's
and of a Lord is the same.
"8 E. II. Close Roll. Memb. 37. Hill. Ter. 12 E.
IV. Rot. 7 & 10. A Judgment in the Exchequer."
Mr. Maynard, Counsel with Sir Ric'd Younge,
"That the Question is only, whether the Assize shall
be proceeded in; not whether a Writ of Assize shall
"Broxton's Case, in 1°
Eliz.; in this very Case, Privilege of Parliament was allowed.
"Though it be festinum Remedium, yet it must not
take away a Right of Privilege, which is a Thing of
After Counsel on both Sides were heard, they were
commanded to withdraw; and the House took the Cause
into Consideration, whether Sir Ric'd Younge shall have
his Privilege of Parliament, as the King's Servant in
And, after much Debate, it was Ordered, To be
referred unto the Committee of Privileges, who are to
meet on Monday next, in the Afternoon, to consider
whether any are to plead their Privilege of Parliament,
but such as are Members or Assistants of Parliament.
A Servant of the Chancellor of the Dutchy, a Pass to Oxford.
Ordered, That a Servant of the Chancellor of the
Dutchy shall have a Pass, to go to Oxford, to dispatch
some Business there concerning the Dutchy Court.
Le Grand and Deformeaux.
Upon the Petition of Ric'd Le Grand, concerning the
Cause between (fn. *) him and Desermeaux; it is Ordered,
That the Earls of Holland, Warwick, and the Lord
Bruce, shall be hereby appointed to peruse and examine the several Proceedings as hath been in this Cause,
and hear the Parties on both Sides, and to report the
same to this House. To meet on Monday next, in the
Afternoon; and Parties on both Sides to have Notice
Mrs. Blake versus Rolfe.
Upon reading the Petition of Anne Blake, Wife of
Wm. Blake; it is Ordered, That the said Cause shall
be heard by this House on Thursday next come Month,
at this Bar, by Counsel on both Sides; and that the
Money of the Arrears shall be deposited and kept in
the Hands of Mr. Reade, until this House shall give further Directions for disposing of the same.
Message from the H. C. for a Conference, about the Propositions to the King;
A Message was brought from the House of Commons,
by Mr. Michaell Oulsworth:
To desire a present Free Conference, touching the
last Conference concerning the Propositions to be presented to the King.
Ordered, To give a Conference, this Afternoon, at
Two of the Clock.
and for Concurrence in an Order about the Term.
2. To desire their Lordships Concurrence in an Order
concerning the Term, which was as followeth:
The House, making some Alterations in this Ordinance, returned this Answer:
That their Lordships will send an Answer by Messengers of their own; and that their Lordships will give a
Conference this Afternoon, at Two of the Clock, in the
Ordered, That this House agrees with the House
of Commons in the Ordinance now brought, leaving out
certain Words in it.
Sent to the H. C. that it may be printed.
The said Ordinance was sent down by Sir Rob't Rich
and Mr. Page:
To desire to join with this House, that it may be
Mrs. Blake versus Rolfe.
"To the Right Honourable the Lords assembled
in the High Court of Parliament.
"The humble Petition of Anne Blake, Wife of
"That Sir Wm. Blake and Wm. Rolfe being much
indebted, and the Petitioner's Father, Thomas Hawker
Esquire, being seized of the Manor of Heitesbury, in
Com. Wilts, worth Twelve Thousand Pounds to be
sold, the said Rolfe procured and prosecuted a Treaty
of Marriage, between the said Wm. Blake, Son of the
said Sir Wm. Blake, and your Petitioner: Upon that
Treaty, it was agreed, by Articles subscribed in
Writing; videlicet, That the said Tho. Hawker should
assure the said Manor on Wm. Blake and his Heirs,
charged with Two Hundred and Forty Pounds per
Annum to the Lady Gayes; and One Hundred and
Fifty Pounds to the Petitioner's Father and Mother,
for their Lives; and Sir Wm. Blake was to retain
Three Thousand Pounds as the Petitioner's Marriage
Portion, and to assure a Jointure of Three Hundred
Pounds per Annum to the Petitioner, and to pay to the
Petitioner's Father's Use Five Thousand Five Hundred Pounds.
"That, the better to draw on the said Match, Rolfe
affirmed he would do great Matters for the said Wm.
Blake, being his next Kinsman; and that Sir Wm.
Blake should settle his Lands, valued at Seven Hundred Pounds per Annum, or the Office called The Fine
Office, on his said Son's Choice; and the said Wm.
Blake the Son (being before hand so instructed) chose
the said Office, the Lands being of far greater Value;
and your Petitioner's Friends were made also to
believe, that the said Manor of Heitesbury should be
left to descend, which was a great Inducement to the
Petitioner's Father to proceed.
"That, the Marriage proceeding, a Jointure was
assured, but fraudulently incumbered with divers
Leases, contrary to the Articles, many whereof were
ante-dated; and to which Fraud the said Rolfe was
privy, and a Party, and practised therein.
"That, by underhand Agreement between him and
Sir Wm. Blake, the said Manor was designed to pay
Rolfe's Debts and Engagements, partly his own, and
partly as Surety for Sir Wm. Blake's; and, pretending
only to be but a Trustee, by that Pretence his Name
was inserted as a joint Purchaser of the said Manor
with Sir Wm. Blake.
"The Agreement on the said Marriage being, that
the said Annuities were to be discharged by Sir Wm.
Blake, and the Office settled free, yet, by Practice of
Rolfe and Sir Wm. Blake and his Son (over-awed by
Fear of his Father, and won by Flattery of Rolfe),
the said Office was, Four Months after the Marriage,
assigned to the said Rolfe, Ralfe Masey, and Hugh
Audley, on Trust, to pay these Annuities, and charged
also with One Hundred and Fifty Pounds more to
the Lady Blake, contrary to all Equity and Agreement.
"Also they got your Petitioner (by much Importunity) to sell the greatest Part of her Jointure, on
Pretence to give her Recompence for it, wherein
your Petitioner was extremely abused; for whereas,
in Part of Recompence, the said Wm. Blake granted
One Hundred Pounds per Annum out of the same
Office, he had made a former Assignment thereof as
aforesaid, Rolfe being a Party to the one, and yet a
Witness to and Procuree of the other; and the said
Rolfe also, pretending to increase and amend the Petitioner's Jointure, assigned to the Petitioner's Friends
some of the same Lands which were formerly conveyed her, whereby it appeared he had been a
Means to deceive her at first; and the said Rolfe further assigned to the Petitioner's Use a House in Fleetestreete, formerly mortgaged by himself.
"That Rolfe, having thus deceived the Petitioner
and her Husband, preferred a Bill in Chancery,
grounded on the said former Assignment of 2 Car.
to which the Petitioner and her said Husband severally pleaded the Statute of 5 Ed. VI.; it appearing,
by the said Bill and Assignment, that the same is void
in Law, and contrary to the said Statute, being made
"The Petitioner's Husband, seeing how much the
(fn. *) Petitioner was wronged, 11 Maii, 13°
Caroli, assigned the Office in Trust for Maintenance of the
Petitioner and her Children, who have no other Relief in the World.
"21 Februarii, 17°
Car. the Lord Keeper (assisted
with several Reverend Judges) left the Cause to the
Hearing of the Honourable Court of Parliament, as
most proper for that great Judgement.
"That yet, since, the said Rolfe, to prevent the Examination of the Frauds, and the Judgement of this
Great Court, hath inveigled the Petitioner's Husband,
and got him to consent to an Order in Chancery,
whereby the said fraudulent Assignment is confirmed,
and the Arrears of the Office (sequestered in the
Hands of Mr. Read) should be paid to Rolfe; and so
the Petitioner and her Children like to be undone
utterly, and the Conveyance made by her Husband
frustrated by his own Act, without the Consent of the
Petitioner, or her Friends intrusted.
"The Petitioner humbly desireth that your Lordships would be pleased to hear the said Cause
when your Leisure will serve; and that the
said Arrears may be paid to her, towards her
and her Childrens present Maintenance, according to Equity and her Husband's Grant;
or at least kept in Mr. Read's Hands, till
your Lordships can make further Order, on
hearing on all Parts.
"1. The rather for that, if the same be paid to
the said Rolfe, he is never able to make Satisfaction, he having lain long in Prison for
Debt; and the said Rolfe hath unduly received Two Thousand Three Hundred and
Sixteen Pounds already since the Suit began,
for which the Petitioner also prayeth Relief.
And your Petitioner shall ever pray.
House adjourned till 2a post meridiem.
Earl of Manchester, Speaker for this Afternoon.
Hooper and Carr, a Pass.
Ordered, That Gedion Hooker and George Carr shall
have a Pass, to go to attend on the Prince, at Oxford.
Information of a Troop of Horse of the King's, and a Cornet, being taken.
Thanks to the Ld. General.
This House being informed, "That one Mr. Pickeringe was at the Door, who brought the Letters from
the Lord General, to let their Lordships know, that
some Forces have taken a Troop of Horse and a Cornet of the King's:" Hereupon this House called the
said Mr. Pickeringe in; and the Speaker, by the Directions of the House, told him, "That he should return the Lord General Thanks for his good Service,
and Respects to their Lordships; and that he should
return the Cornet to the Lord General, and let him
know that this House leaves to him how to dispose of
Then this House was adjourned during Pleasure, and
the Lords went to the Conference with the House of
Commons, concerning the Propositions; which being
ended, the House was resumed.
Ordered, That this Report of the Conference shall
be made on Monday Morning next.
French and Dutch Churches.
The Earl of Northumb. reported, "That the Committee hath heard the Differences between the Consistory of the French and Dutch Churches and the
People; and the Articles were perused, wherein it
appears that no man can be admitted to be a Preacher
in those Churches, but those whom the Consistory
think fit and chuse, and the People are only to approve of him: So the Opinion of the Committee is,
That a Declaration be made, to confirm their Articles.
"And concerning Mons. De Espaigne, who they complained of, it appeared that he preached but in the
House of the Lady Annandale, which was rather an
Advantage than any Inconvenience."
Order concerning the French and Dutch Churches.
Hereupon this House Ordered, That there be an
Ordinance of Parliament, for settling of the Liberty and
Exercise of their Religion and Discipline, as they are
used beyond the Seas respectively in the Reformed
Churches of their several Nations, which they have
hitherto enjoyed, by the Charter of King Edward the
Sixth, authorized by His Parliament, and the Favour of
all succeeding Princes of the Reformed Religion, Queen
Eliz. King James, and His Majesty that now is. In
1. That they may have free Liberty to chuse and
ordain their own Ministers, and all other Officers belonging to their Churches, according to their Discipline,
as they have done hitherto.
2. That no Member of their Congregations, being
under the Censure of their Discipline, by reason of
some scandalous Offence committed, be received as a
Member of any other Church, without a Certificate
from his own Church.
3. That no Church, or Congregation, of Foreigners
be authorized in this Realm, who are not subject respectively to the Synods of their several Nations.
Tuck, Auditor of the Court of Wards, not to go to Oxford.
Upon reading the Petition of James Tuck, Esquire,
One of the Auditors of the Court of Wards and Liveries, "desiring Leave to go to Oxford, to keep the Term
there, according to His Majesty's Proclamation:" It is
Ordered, That the said James Tucke is hereby commanded not to go, but give his Attendance on his Place
at Westm. this Term; and for so doing, this House will
save him harmless from what Demnity shall follow.
Message from the H. C. for a Conference, about the Order concerning the Term, and Collectors of the Customs.
A Message was brought from the House of Commons,
by Mr. Herbert Morley:
To desire a present Conference, concerning the new
Customers, and the Ordinance concerning the next
The Answer returned was:
That this House will give a present Conference, in the
Painted Chamber, as is desired.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, this
House was resumed.
The Speaker reported the Conference:
"1. That the House of Commons adhere to their
own Words, in the Ordinance concerning the Term,
brought this Morning."
Agreed to; and Ordered, To be printed and published presently.
"2. They desire their Lordships Concurrence in the
Vote and Ordinance following: videlicet,
Collectors of the Customs discharged.
"Resolved, upon the Question,
"That the present Collectors of the Customs shall
be now immediately discharged from any further
Service in that Employment; and that the Lords Concurrence be desired herein."
Ordered, That this House agrees and joins with the
House of Commons in this Vote.
Ordinance concerning the Customs.
Next, was read an Ordinance concerning the Customs.
(Here enter it.)
And it was Resolved, upon the Question, nemine contradicente, That this House agrees with the House of
Commons in this Ordinance.
Message to the H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To let them know, that this House agrees with the
House of Commons, in the Ordinance for the Customs,
now brought up.
Mr. Stone, Surety for Sir Edward Rodney.
Mr. Stone was called in, and asked whether he will
be Security for the safe Custody of Sir Edward Rodney,
that he shall be kept at his House, and not be permitted
to go abroad, without Leave of this House, upon no
Occasion whatsoever, unless it be to go to St. Margerett's
Church in Westm. in his Company, and afterwards presently return Home: And the said Mr. Stone being willing
to come Security upon these Conditions, he entered into
the Recognizance following: videlicet,
Edwardus Stone, de Westm. Armiger, recognovit se
debere Domino Regi Tres Mille Libras, levari ex Terris,
Tenementis, Bonis, et Catallis suis, ad usum Domini
The Condition of the abovesaid Recognizance is, That,
if the said Edward Stone shall keep Sir Edward Rodney
Knight, impeached before the Lords in Parliament of
High Treason by the House of Commons, as his true Prisoner, in his House in Kinges-streat, in Westm. and shall
not permit him to go abroad to any Place, upon any Occasion whatsoever, without Leave of this House, but
only to St. Margarett's Church in Westm. and that in
his Company, and to return home with him back to his
said House as soon as Church is done, that then this Recognizance to be void; or else to remain and be in full
Force and Virtue.
"Die Sabbati, 21 Januarii, 1642.
Ordinance against removing the Term to Oxford.
"The Lords and Commons, having taken into their serious Consideration a Proclamation dated at Oxon, the
27th of December last, for the adjourning of the Court
of Chancery, the Court of Wards and Liveries, the
Dutchy of Lancaster, the Court of Requests, the
Receipt of His Majesty's Exchequer, and of the First
Fruits and Tenths, from the City of Westm'r, unto the
City of Oxon, and for adjourning the Courts of
King's Bench, Common Pleas, and Exchequer, unto
the Return Crastino Purificationis, found it to tend
much to the Prejudice of the Commonwealth, to remove the said Courts and Receipts to Oxon, where
the Body of an Army, raised against the Parliament
and the Authority thereof, now resides; and therefore, in Performance of their Duty, and Trust reposed
in them by the Kingdom whom they represent, did
exhibit their humble Advice and Petition to His Majesty, with the Reasons inducing them thereunto, to
revoke the said Proclamation, and with all Humility
desire that the said Courts and Receipts might be kept
at their several usual Places and Times, and not at
Oxon. But His Majesty, giving still more Credit to
the Suggestions of those wicked and malignant Persons that yet encompass Him than to His Highest and
most Faithful Counsel, returned His Negative Answer,
and expressly denied to repeal His Proclamation:
Now the Lords and Commons, clearly discovering the
great Inconveniency and Mischiefs that necessarily
must happen to His Majesty's most faithful and bestaffected Subjects, in Case those Courts and Receipts
be removed to Oxon, where such of them (fn. *) as have Occasion to attend, cannot with any Safety to their Persons or Estates repair, His Majesty having in Effect
declared all Persons that have contributed any Thing
in Aid or Defence of the Parliament and the Privileges thereof to be guilty of High Treason; and, in
Pursuance thereof, by the Force and Power of the
Army there remaining, have seized upon many of
their Persons, where they are detained Prisoners,
and some proceeded against as Traitors, having nothing laid to their Charge but their assisting the Parliament, and opposing that Army raised to destroy it
and the Kingdom; and finding that divers, both
Judges and others, whose Attendance upon the said
Courts and Receipts will be necessary, consist of Persons that are Members and Assistants to both Houses
of Parliament, whose Presence at this Time cannot
be spared; and that, if the Records necessary to be
used in the said Courts should be removed from the
usual Places towards Oxon, in a Time when Two
Armies are residing near thereabouts, it would endanger the Miscarriage of them, which might ruin
many of His Majesty's Subjects, whose Estates depend thereupon; and that so long a Distance between the said Courts of Law and Equity, which
have necessary Dependance one upon another, would
prove exceeding prejudicial to many; thought it their
Duty, in Discharge of the Trust reposed in them by
the Commonwealth, as much as in them lieth, to
prevent the said Inconveniencies; and therefore do
hereby Declare and Order, That no Judge, Minister,
or other Person belonging to any of the said Courts
or Receipts, shall repair to the said City of Oxon, or
do or execute any Thing belonging to their said
Offices and Employments, but in the Places usual for
the doing and executing thereof; and that no Member
of, or Assistant to, any of the Two Houses of Parliament, that have any Place, Office, or Employment,
about any of the said Courts or Receipts, shall presume to depart from their Attendance upon the Parliament, without the special Leave of that House
whereof they are Members or Assistants; and that
no Person shall remove, or cause to be removed, any
Records or Writings of any the said Courts or Receipts, to or towards the City of Oxon: And the
Lords and Commons do Declare, That, if any Person
shall disobey this Order, they will proceed against
them as willful Contemners of the Authority of Parliament, and Disturbers of the Peace of the Kingdom:
And it is further Declared and Ordered, by the
said Lords and Commons, That no Judgement, Decree,
Order, and Proceedings whatsoever, that shall be
given, made, or had, by or in any of the said Courts or
Receipts, out of the usual Places where the said
Courts and Receipts have been accustomed to be held
and kept, shall bind any Person that shall or may be
concerned therein, without his own voluntary Consent;
and that the said Lords and Commons will, by the
Authority of both Houses of Parliament, protect and
keep indemnified all Judges, Officers, and other Persons, from any Danger or Inconvenience that may or
can happen to them, for yielding Obedience to this
Ordinance concerning the Customs.
"Whereas there is an Ordinance of both Houses of
this present Parliament, intituled, An Ordinance of
Parliament concerning the Subsidy of Tonnage and
Poundage, which doth expire the First Day of March
next ensuing; and whereas also several Fleets of
Ships are now preparing to be set forth to the Seas,
with all Expedition, for the Guarding of the Narrow
Seas, and necessary Defence of this Realm, and other
His Majesty's Dominions, in this Time of imminent
Danger, and great Sums of Money are still owing
for the Affairs of the Navy; all which cannot be
supplied and provided for, but out of the Collections
of Duties arising on Goods and Merchandize exported
out of and imported into this Kingdom.
"Be it therefore Ordained, That the said Ordinance
concerning the Subsidy of Tonnage and Poundage
do stand and continue in full Force and Power, from
the Time of the said Ordinance expiring, until the
Twenty-sixth of March, which shall be in the
Year of our Lord 1644; and that Thomas Andrewes,
John Fowke, Richard Chambers, Aldermen of the
City of London, William Barkely, Morris Tompson,
Francis Allen, James Russell, and Stephen Estwick,
Merchants, shall be Commissioners and Collectors,
who are enabled by this Ordinance to receive all such
Sums of Money which shall at any Time hereafter
be paid for Customs, or advanced by Way of Loan,
or otherwise, for and in respect of Goods and Merchandize exported out of and imported into the Port
of London, and all other Ports within the Realm of
England and Dominion of Wales, and the Town of
Barwick, in such Manner as the Duties of Tonnage
and Poundage have been formerly received by the
late Commissioners of the Customs; which said Commissioners, their Deputy or Deputies, or any One of
them, shall have full Power and Authority to give
Allowance, by Way of Defalcation, after the Rate
of Fifteen per Cent. out of all such Monies as shall
be advanced, according to the true Intent of the aforesaid Ordinance: All which Monies the said Commissioners, their Deputy or Deputies, shall receive
upon Accompt; and shall from Time to Time issue
out the same, as they, the said Commissioners, shall
be authorized by Order of the Lords and Commons
in Parliament, or by Order of the Committee of the
Navy of the Commons House of Parliament, for the
Use of the Navy and the Fleet now at Sea, or hereafter to be employed, by Authority of both Houses
of Parliament, for the Guarding of the Seas, and
Defence of the Kingdom, and for other necessary
Charges, for the managing the Service aforesaid;
whose Order, from Time to Time, shall be their sufficient Discharge.
"And, for the better Encouragement of the said
Commissioners the Lords and Commons do Ordain,
That whatsoever Act or Acts the said Commissioners,
their Deputy or Deputies, or any One of them, shall
do in the Execution of this Ordinance, and whatsoever Monies they shall receive and issue out by virtue
of the same, they, their Heirs, Executors, and Administrators, shall be acquitted, discharged, and kept
harmless, from any other or further Question or Accompt whatsoever, than to the said Lords and Commons: And they do further Declare and promise, That,
when any Act of Parliament shall be passed for
Tonnage and Poundage, Provision shall be made by
that Act, for the said Commissioners Indemnity and
Security for Performance of the Service aforesaid,
and for the Indemnity and Security of all such other
Person and Persons as shall be employed therein."