DIE Jovis, 12 die Februarii,
Domini tam Spiritu
ales quam Temporales, quorum nomina subscribuntui, præsentes fuerunt :
p. ArchiEpus. Eborum.
p. Epus. Dunelm.
p. Epus. Winton.
p. Epus. Co. et Lich.
p. Epus. Cestriæ.
p. Epus. Meneven.
p. Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Bristol.
p. Epus. Gloucestren.
p. Epus. Exon.
p. Epus. Landaven.
p. Epus. Bath. et Well.
p. Epus. Oxon.
|p. Ds. Coventry, Ds. Cust Mag. Sigilli. Angliæ.
p. Ds. Weston, Ds. Thesaurar. Angliæ.
p. Vicecomes Conway, Præsid. Concilii Domini Regis.
p. Comes Manchester, Ds. Custos Privati Sigilli.
p. Comes Lindsey, Magnus Camerar. Angliæ.
p. Comes Arundellet Surr. Comes Mares Angliæ.
p. Comes Pembroc, Senes. Hospitii.
p. Comes Mountgomery, Camer. Hospitii.
p. Comes Oxon.
p. Comes Herteford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Sarum.
p. Comes Leicestriæ.
p. Comes Warwiciæ.
p. Comes Cantabr.
p. Comes Carlile.
p. Comes Denbigh.
p. Comes Bristol.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Westmerland.
p. Comes Banbury.
p. Comes Cleveland.
p. Comes Mulgrave.
p. Comes Danbie.
p. Comes Tottnes.
p. Comes Monmouth.
p. Comes Norwicen.
p. Comes Dover.
p. Comes Petriburgh.
p. Comes Standford.
p. Comes Newport.
p. Comes Thannett.
Comes St. Albans.
p. Vicecomes Say et Scale.
p. Vicecomes Bayninge.
p. Vicecomes Campden.
p. Vicecomes Dorchester.
p. Vicecomes Wentworth.
p. Ds. Clifford.
p. Ds. Percie.
p. Ds. Strange.
p. Ds. Dudley.
p. Ds. Stourton.
p. Ds. Darcie.
p. Ds. Vaux.
Ds. St. John de Bas.
p. Ds. Cromewell.
p. Ds. Compton.
p. Ds. Spencer.
p. Ds. Stanhope.
p. Ds. Noel.
p. Ds. Kymbolton.
p. Ds. Newnham.
p. Ds. Mountague.
p. Ds. Deyncourt.
p. Ds. Conway.
p. Ds. Tregoze.
p. Ds. Fawconbridge.
p. Ds. Lovelace.
p. Ds. Pawlett.
p. Ds. Maynard.
p. Ds. Howard.
p. Ds. Goringe.
p. Ds. Mohun.
p. Ds. Dunsmore.
Lord Goringe Privilege.
Complaint was made to the House, That Samuell
Wright, Servant to the Lord Goringe, was detained Prisoner in The Compter in the Poultry, London, during Privilege of Parliament. Ordered, A Habeas corpus cum
causa, &c. to bring the said Samuell Wright before the
Lords ret. Sabbati proxim.
The Lord Archbishop of Yorke reported, That the
Committee had conceived a Petition to be delivered unto
His Majesty, concerning the Precedency of Foreign
Nobility, which was read 1a et 2a
vice, and re committed
to them again, to set down the Reasons of Dis-service
unto His Majesty, mentioned in the said Petition.
Lord Deyncourts Complaint against the L. Ke pertor a Decree in Chancery censured.
Dame Mary Leke, Widow, and William Leke, Esquire,
Relict and Son of Sir Francis Leke, Knight, deceased,
exhibited their Petition unto this House, shewing
(amongst other Things) that the said Sir Francis did
make a Lease of his Lands unto his eldest Son, the now
Lord Deyncourt, at Fourteen Hundred Pounds Rent per
Annum, the Rent whereof was unpaid, in January 1625,
for a Year and a Half, being One and Twenty Hundred
Pounds, for which the said Sir Francis did sue the said
Lord Deyncourte in the Chancery; which Suit was delayed by the Lord Deyncourt's Privilege in Parliament,
until, by Order of this House, 15 Maii, 1626, it was
Ordered, To proceed, notwithstanding the said Privilege, but the said Sir Francis Leke died before the said
Suit took any Effect, having made the Petitioners his
Executors, who commenced then Suit for the same in
Chancery, against the said Lord Deyncourt, for the said
Arrearages, being One and Twenty Hundred Pounds,
and obtruned a Decree, upon full Hearing of the Lord
Deyncourt's Counsel, and in his Presence, in Hilary Term,
1627, but they can receive no Benefit thereof, by reason of the Lord Deyncourt's Privilege of Parliament,
and prayed, that this House would consider thereof, and
order that the said Lord Deyncourt, as to the Premises,
may take no Benefit of Privilege of Parliament.
This Petition being read, the Lord Deyncourt (being
then absent) was sent for to come to the House, who,
hearing the same read again, demanded to have Counsel assigned him, and to be heard here at the Bar,
touching the Justness of the said Decree.
The Lord Keeper, removing to his Place, did put
their Lordships in Mind of the Proceedings of the
Lord Deyncourte here on the Fifth of this February;
but, since the Lord Deyncourte did not rest satisfied there, the Lord Keeper desired that, for the
Lord Deyncourt's further Satisfaction, and to the Intent
no Scruple might remain in any touching the said Busi
ness, that the Lord Deyncourt, who had once confessed
that there was no Injustice done him, but now seemed
to wave and depart from that Acknowledgement, might
declare to this House those particular Points wherein
he pretends he hath had any Injustice, and that then
he might have Counsel assigned him to set forth and
maintain the best of his Cause; which the House thought
fit; and therefore they commanded the said Proceedings
of the Fifth of February, and the Order thereupon, to
be read, and then required the Lord Deyncourte to de
clare wherein he took Exception to the said Decree;
who answered, that the Lady Leeke hath not proved the
Will, whereby the claims the said Arreuages; unto
which it was answered, Before the Hearing, the Will
was proved in the Ecclesiastical Court; and that the Lord
Deyncourt himself did wave the Proof thereof at the
Hearing; and it was demanded of him, whether the
Lord Keeper had done him any Injustice or not; unto
which he answered, No.
Then the Lord Keeper shewed the Proceedings in
the Chancery therein, and the Equity of the said Decree, and prayed that he might either be acquitted, or
specially charged herein by the Lord Deyncourt, who
then said, that he demuried to the Bill, because the
Executors might sue at the Common Law The Lord
Keeper replied, that Mr. Justice Harvy, a Reverend
Judge of the Law, in his Lordship's Absence, overruled the said Demurrer.
And Mr. Justice Harvy (being present) did affirm as
much, and gave his Reasons why he overruled the same,
which the House approved Yet the Lord Deyncourt,
being required by the House to shew what he would insist upon, answered, that he desired his Cause might be
heard, either here or by the Lord Keeper again.
Whereupon the Lord Deyncourt was commanded to
withdraw; and the House taking into Consideration
these Proceedings of the Lord Deyncourt, they thought
his Lordship wo thy to be censured for the same, never
theless, perceiving that these Courses of the Lord Deyncourte tended but to a Delay of the Execution of the
said Decree, he being unwilling to pay the Money so
justly decreed against him; and their Lordships having
considered of the said Decree, thought the most moderate and just Way to be to confirm the same by Order
of this House; and to Order, That the said Lord Deyn
courte should take no Benefit of his Privilege of Parliament herein, and shall pay Damages from the Time
the said Money was to be paid by the said Decree; and
that, in case the said Lord Deyncourte should not pay
the same by the Time assigned, then he should be com
mitted to The Fleet, and to remain Prisoner there until
he had performed the said Decree in all Points; and
the Lord Keeper to have Power from this House to
continue the said Imprisonment, after the End of this
Session of Parliament, until the said Lord Deyncourte
had performed the said Decree.
Whereupon the Lord Bishop of Lincoln and the Lord
Mohun were appointed to signify then Lordships Order
unto the Lord Deyncourte, and to know of him whether
he would submit himself unto the House herein or no,
who returned with this Answer, That the said Lord
Deyncourt doth acknowledge the Order of this House
to be most just, and will pay the said Money decreed
against him; and that he will not tax the Lord Keeper
with any Injustice in this Cause; only he desired Refpite for the Payment of the Money.
Decree in Chancery Lady Leeke, &c. versus Ld Deyncourt confirmed.
Then it was Agreed, upon he Question, That the
said Lord Dyncourt shall pay Damages after Five
Pounds pro Cent. and it was further Ordered as followeth: videlicet, It is this Day Ordered, by the Lords
Spiritual and Temporal in Parliament assembled, That
le Decree made in Chancery, on the Fourth Day
of February, in the Third Year of His Majesty's Reign
that now is, between Dame Mary Leeke, and William
Leke her Son, Plaintiffs, and Francis Lord Deyncourt, Defendant, shall be confirmed in all Points, and that the said
Lord Deyncourt shall pay (at the Place appointed by the said
Decree) unto the said Plaintiff the Sum of One and Twenty
Hundred Pounds, in the said Decree mentioned, upon
St James's Day next, with Five Pounds pro Cent. Damages from the several Times and Days of Payments
whereon the same was payable by the said Decree
And it is furthered Ordered, That, if the said Lord
Deyncourt shall fail in Paymen thereof, then his Lordship shall stand committed to The Fleet, by virtue of
this Order, until he hath paid the same. And the Lord
Keeper to put this Order in Execution, notwithstang
any Privilege of Parliament, which the said Lord Deyncourt may claim.
The Lord Deyncourt being called in, and standing up
in his Place, the Lord Keeper rehearsed the said Order unto him, whereunto the Lord Deyncourt humbly
submitted himself; and the whole House declared themselves to be satisfied, that no Aspersions do now rest
upon the Lord Keeper herein; so which his Lordship
gave them hearty Thanks; and the House, upon the
humble Request of the Lord Keeper, were pleased that
the further Examination of this Business, as well against
the Lord Deyncourt, as against David Waterhouse,
Hospit is &c.
The Committee for Hospitals are to meet To morrow
Morning, at Nine.
The Committee for Apparel are to meet To morrow
Morning also, at Nine.
Dominus Custos Magni Sigilii declaravit præsens Parliamentum continuandum esse usque in diem Sabbati
proximum, videlicet, 14m diem instantis Februarii, hora
nona, Dominis sic decernentibus.