DIE Sabbati, 7 die Februarii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt :
p. ArchiEpus. Cant.
p. ArchiEpus. Eborum.
p. Epus. London.
p. Epus. Dunelm.
p. Epus. Co. et Lich.
p. Epus. Cestriæ.
p. Epus. Meneven.
p. Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Gloucestren.
p. Epus. Norwicen.
p. Epus. Exon.
p. Epus. Landaven.
p. Epus. Bath. et Well.
p. Epus. Oxon.
|p. Ds. Coventry, Ds. Custos Mag. Sigilli.
p. Ds. Weston, Dominus Thesaur. Angliæ.
p. Vicecomes Conway, Præsid. Concilii Domini Regis.
p. Comes Manchester, Ds. Custos Privati Sigilli.
p. Comes Lindsey, Magnus Camerarius Angliæ.
p. Comes Arundell et Surr Comes Marescallus Angliæ.
p. Comes Pembroc, Senes. Hospitii.
Comes Mountgomery, Camer. Hospitii.
p. Comes Oxon.
p. Comes Kantii.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Herteford.
p. Comes Lincoln.
p. Comes Dorsett.
p. Comes Sarum.
p. Comes Leicestriæ.
p. Comes Cantab'r.
p. Comes Carlile.
p. Comes Denbigh.
p. Comes Bristol.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
p. Comes Westmerland.
p. Comes Berk.
p. Comes Cleveland.
p. Comes Mulgrave.
p. Comes Monmouth.
p. Comes Norwicen.
p. Comes Dover.
p. Comes Standford.
p. Comes Newporte.
p. Comes Thannett.
Comes St. Alban's.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
p. Vicecomes Campden.
p. Vicecomes Dorchester.
p. Vicecomes Wentworth.
p. Ds. Clifford.
p. Ds. Abergavenny.
p. Ds. Percy.
p. Ds. Strange.
Ds. Morley et Mount.
p. Ds. Dacres.
p. Ds. Dudley.
Ds. St. John de Basing.
p. Ds. Compton.
p. Ds. Noel.
p. Ds. Newnham.
p. Ds. Mountague.
p. Ds. Tregoze.
p. Ds. Fawconbridge.
p. Ds. Pawlett.
p. Ds. Harvy.
p. Ds. Maynard.
p. Ds. Howard.
p. Ds. Goringe.
p. Ds. Mohun.
p. Ds. Butler.
p. Ds. Dunsmore.
Absent Lords excus'd.
Lord Archbishop of Cant.
Earl of Exceter,
Earl of Danby,
Lord Deyn courts Counsellor at the Bar.
According to the Order of Quinto Febr. David Waterhowse, and the Printer (Felix Kingstone) of the Lord
Deyncourt's Brief, were this Day brought to the Bar,
David Waterhowse was first brought, and being charged
by the Lord Keeper for penning and advising the said
scandalous Brief, as being of Counsel with the Lord
Deyncourte; and it being told him, that Lord Deycourt
affirms he penned the same; and the said printed Brief
being shewed him, and the Objections of Scandal in
the same, videlicet, in the Fourth and Eighth Exceptions
to the Decree, he answered (having first perused the
same), "The Lord Deyncourt cannot say that I drew
this Brief, for I drew it not; these Objections are
not in that which I penned; these Words abruptly
and precipitate are not in my Draught, nor many
other Words here contained; the Lord Deyncourte
hath that which I drew, all written with mine own
The Printer at the Bar.
Then he was withdrawn, and the Printer brought to
the Bar; whose Petition was first read (delivered by
the Earl of Dorsett), wherein he affirms, that he refused divers Times to print the said Brief, and demanded
of one Marco (the Lord Deyncourt's Man) who brought
it to him, if it were to be delivered unto the whole
House of Parliament; who answered, No; and he was
drawn by much Persuasion to print the same, it being
for a Peer of Parliament, not knowing that any Danger
might ensue thereof.
The Petition was read before he was brought to the
Bar, and the House was moved, That he might be
only admonished to print no more Briefs nor Petitions
hereafter, and so to be dismissed out of the Serjeant's
Custody, and his Fees to be paid by the Lord Deyncourt.
The Lord Keeper (accordingly) gave him a strict
Admonition herein, and to admonish the other Printers
thereof also; with this, that, if he offend in the like
hereafter, he is to be grievously punished for the
The Printer affirmed, That the Lord Deyncourt had
the Copy from him again.
The Lord Bishop of London affirmed, The Printer was
very careful not to print any Thing which might be
offensive to the Church or State.
This being said, the Printer asked Forgiveness very
humbly, and so was dismissed; but his Fees are respited
to another Time.
Waterhouse (the Counsellor) to attend again.
And David Waterhouse was remanded to The Fleet,
and is to be brought hither again on Saturday, the
Fourteenth of this February.
Ordered, The Lord Deyncourt to be required to be
here then also.
Lord Deyncourt to attend at the same Time.
Memorandum, The Clerk signed an Order for the
Lord Deycourt's Appearance on that Day, and de
livered it to the Gentleman Usher.
And whereas the Lord Deyncourte alledged, on the
Fifth of this February, that the Lord Keeper denied him
a second Commission to examine Witnesses, as there appears, the Lord Keeper commanded the Clerk to read
an Order of the Chancery, made by his Lordship 16
Octobris, Anno 3° Caroli Regis, by which it appeared,
that his Lordship did grant unto the Lord Deyncourt
further Time to examine his Witnesses, either by Commission or in Court, till within a Week before the End
of the said Term; and the Lord Keeper did further declare, That Sir Gervise Clifton, one of the Commissioners,
will testify, That the former Commission was sat upon at
Newarke (where the Lord Deyncourt dwells) divers Days
together; and that the Lord Deyncourte might then have
examined many more Witnesses if his Lordship had
pleased, but his Lordship then delayed the same, and the
Lord Viscount Say did affirm, That Sir Gervise Clifton
had told him as much.
Sir Humphrey Feriers and Sir Richard Brooke versus Lady Packington.
The Lord Archbishop of Yorke reported the Order
conceived by the Committee for Petitions for Sir
Humphrey Ferrers, and Sir Richard Brooke, against the
Lady Packington, which was read as followeth.
"Whereas, in the Cause wherein Sir Humfrey
Ferrers and the Lady Anne his Wife, and Sir Richard
Brooke and the Lady Mary his Wife, were Plaintiffs
against the Lady Dorothie Packington, the Relict of
Sir John Packington, deceased, it was, on the Eighteenth
Day of June last, Ordered, by the Lords Spiritual
and Temporal in the High Court of Parliament assembled, amongst other Things, To recommend the
Cause to the Court of Wards, that the Injunction be
no longer continued, to hinder the Proceedings in
the Prerogative Court; and that Sir Humfrey Ferrers
and Sir Richard Brooke, dismortgaging of the Land,
may be either assured by the Lady Packington, the
Relict, who hath the Administration, pendente lite, to
be paid the said Sum of One Thousand Two Hundred
Pounds within One Year, if the Prerogative Court
shall find no Cause but to continue the said Administration in her, or else have the Administration revoked and granted to themselves; which, the Lords
were of Opinion, was fitting for the Court of Prerogative to grant; now, forasmuch as their Lordships
were informed, by the humble Petition of the said
Sir Humfrey Ferrers and Sir Richard Brooke, and
their said Wives, that, in Obedience to the said
Order, they have dismortgaged the said Land, and
cancelled the Deed of Mortgage; and that afterwards the said Lady Packington did openly, before
the Judge of the Prerogative Court, affirm, that she
would not give Security, or assure the said Twelve
Hundred Pounds, according to the said Order of
Parliament, and thereupon the said Judge revoked
the Administration granted to her pendento lite, and
granted the same to the Petitioners, according to the
Lords said Order; and that, notwithstanding all this,
the Lady Packington hath not only withstood the said
Administration granted to the Petitioners, and refused to deliver to them the Personal Estate, but also
hath appealed to some Judges Delegates from that
Sentence, and Order made by the Judge of the Pre
rogative Court Which Matters being opened at
large, in Presence of the Parties themselves, Coun
sel on both Sides being heard, it is this Day Ordered, by the Lords Spiritual and Temporal in the
High Court of Parliament assembled, That the said
Appeal, from the Court of Prerogative to the Delegates, be presently pronounced void by the said Delegates, because it doth directly cross and avoid the
said Order of Parliament, dated the 18th Day of
June; and that the said Delegates do remit the said
Cause to the said Judge of the Prerogative; and that
the Administration be there (according to the true
Intent of the said former Order of the Lords) simply
and absolutely granted to the said Petitioners."
Brisco, Akett, and Glaisters absolved from their Excommunication.
The Lord Archbishop of Yorke also reported, That
the Lords Committees for Petitions, having heard the
Petition of Robert Briscoe read, think fit, That the said
Robert Briscoe and Frances his Wife, Robert Akett and
Elizabeth his Wife, and David Glaisters, be absolved
from their Excommunications by Mr. Singleton, Chancellor of Carliol; and that all Matters depending in Suit,
between one Richard Glaisters and the said Brisco and
others, do cease, until the Bishop of Carlile shall come
into his Diocese, and take further Order therein; and
the said Lords further think fit, upon the Information
of my Lord Bishop of Norwich how vexatious a Man
towards these poor People the said Chancellor is, to
move the House to have him the said Chancellor sent
for, by the Serjeant at Arms attending on this House,
to answer this and other Complaints.
All which was Ordered accordingly.
Fast to be observed.
The Fast is to be kept by the Lords in the Abby
Church at Westm. on the 18th Day of this Instant February, which Day was appointed by His Majesty.
Bishops to preach.
And the Lord Bishops of Lincoln and Exon are to
preach that Day.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ
proximum, videlicet, nonum diem instantis Februarii,
hora nona, Dominis sic decernentibus.