Die Martis, videlicet, 9 die Februarii.
O Keife delivered out of Prison, and Charges paid out of the Poor's Box.
Upon the reading of the Petition of Arthur O Keise,
who hath suffered long Imprisonment, and now only being a Prisoner for Fees, which comes to Four Pounds
Ten Shillings; it was Ordered by the House, That,
for Charity and Commiseration Sake, That Four Pounds
Ten Shillings shall be paid out of the Poor's Box, for his
Releasemunt out of Prison.
Countess of Exeter's Bill.
vice lecta est Billa, An Act for settling and
estating upon Eliz. Countess Dowager of Exeter, and
her Heirs for ever, the Hospital of Saint Leonard's,
without the Town of Newarke upon Trente, etc.
And committed to the
E. of Bath.
E. of Warwicke.
E. of Bollingbrooke.
E. of Berks.
L. Bp. of Winton.
L. Bp. of Chester.
|L. Bp. of Lincolne.
L. Bp. of Carlile.
Mr. Justice Forster, Assistant.
Their Lordships, or any Five, to meet To-morrow Fortnight, videlicet, the . . . . . Day
of this present February, in the Afternoon.
The Value of Lands given in Exchange by the Countess of Exeter, to be inquired into.
In the mean Time, a Letter is to be sent to such Persons as the Lord Bishop of Lincolne shall direct, for understanding the true Value of such Land as is to be given by the Countess of Exeter in Exchange.
The King will be present Tomorrow.
The Lord Keeper signified to the House, That it is
His Majesty's Pleasure to be present here To-morrow
Sandeland, for scandalous Words, sent for.
Upon reading the Petition of the Inhabitants of the
Parish of Great Wallding field, in Comitatu Suff. and the
Articles thereunto annexed, against Mr. Andrew Sandeland, Minister of the said Town, who having spoken
some scandalous Words of the Parliament; it was
Ordered, That the said Mr. Sandeland be sent for, and
the further Consideration of the Business referred to the
Committee for Petitions.
Report and Order between Bloxam and Sandeland.
It was reported from the Lords Committees for
Courts of Justice, That one Nicholas Bloxam, Clerk,
having enjoyed the Parsonage of Great Wallding feild, in
Comitatu Suffolk, for the Space of Three Years, was
questioned by one Andrew Sandeland, in the High Commission, for being Simoniacus, and thereupon was sentenced and deprived of his said Living, and Mr. Sandeland instituted thereunto; whose principal Witness was
one Tho. Brooke; which, being taken by Commission,
was expressed by the Notary otherwise than it was delivered, as the said Thomas Brooke is ready to testify;
which Proceedings the Lords Committees hold to be illegal, because they conceive Ecclesiastical Courts cannot
remove the Possession of a Freehold. Therefore they
have thought fit that a Trial at Common Law for the
said Parsonage shall be had at the next Assizes; and the
Judges of that Circuit to direct what the Trial shall be;
and Sandeland to have Liberty to use any Writings, except the Sentence of the High Commission Court, and
the Depositions of such Witnesses as are dead; but
those Witnesses that are living to be brought viva voce
at the Trial.
All which this House did Order accordingly.
Order that Divine Service be administered by Abbot, Vicar of Pilton, to the Inhabitants of the Hamlet of Wootton.
Upon Information to the House, That Mr. Nathaniell
Abbott, Vicar of Pilton, in the County of Som'sett, hath
not read Divine Service, nor administered the Communion, to the Inhabitants of the Hamlet of Wootten, since
Christmas last, as he ought to (fn. *) do, which Chapel belongeth to the Vicarage of Pilton, to the great Discontent
and Trouble of his Parishioners; it was thereupon Or
dered by this House, That the said Vicar shall, by
Command from this House, be enjoined to perform his
Duty, in discharging the said Cure, as formerly he hath
done; and that the Peculiar of the said Hamlet of
Wootton doth take Care the Divine Prayers and Sacraments be read and administered, as ought to be.
Judgement in Hampden's Case concerning Ship-money to be vacated.
Resolved, upon the Question, nemine contradicente,
That, by the Judgement of Parliament, a Vacat be
made of the Judgement in Mr. Hamden's Case in the Exchequer, concerning Ship-money, and the Resolutions
of this House to be annexed. Likewise a Vacat to be
made upon all the Inrollments of the Judges extrajudicial Opinions in other Courts, concerning Ship
Money, with the like Expression.
And, for the better Expedition herein, the Lords
following were appointed by the House to see it done
Committees appointed for it.
The L. Privy Seal.
E. of Bath.
E. of Hartford.
E. of Essex.
E. of Warwicke.
E. of Cambridge.
E. of Bristoll.
L. Viscount Say & Seale.
Mr. Justice Reeves and
Mr. Justice Foster
|L. Bp. of Winton.
L. Bp. of Lincolne.
Ds. Grey de Werck.
Their Lordships, or any Seven of them, to meet
on Friday Morning next, at Eight a Clock.
Rodway, etc. discharged.
Upon the Report of the Lords Committees for Imprisonments, etc. That Jo. Rodway, William Newarke,
and Walter Coales, were presented ex Officio mero to the
Consistory Court of the Lord Bishop of Gloucester, by
Doctor Baber, and afterwards excommunicated, for
going out of their own Parish Church to hear Sermons;
and the said Parties, upon a Pretence of a Significavit,
which was imperfect, were arrested, and cast into Prison
Eleven Days; and finding there was no such Writ, were
afterwards dismissed: In Consideration of the said Imprisonment, and Losses, and Trouble sustained herein,
the Lords have thought fit, That Doctor Baber shall pay
unto the said Jo. Rodway, William Newarke, and Walter
Coales, by Way of Damages, Forty Pounds; and the
Undersheriff's Deputy Richard Rigford shall pay unto
the aforesaid Parties for Damages Twenty Pounds.
All which the House did accordingly Order.
Pallavicine's Redemption of Mortgaged Leases.
It was reported to the House, That Mr. Toby Pallavicine, in the Ninth Year of this King, had mortgaged
Two several Terms of Years, in the Manor of Foxton, in
Comitatu Cantabr. to Sir Francis Clarke, Knight, and
one Blackston his Trustee, for Fifteen Hundred Pounds,
payable at Six Months; both which Terms the said Sir
Francis Clarke was, by Covenant, to re-assign, upon
Payment of the said Money with Interest: That Mr.
Pallavicine, by Reason of his Misfortunes, failing to pay
the same at the Day, Sir Francis Clarke, having Occasion to use Money, did the next Year, upon a Contract
between him and Fuller Meade, deceased, assign the several Terms to William Meade and Mary Meade, by the
said Fuller's Appointment; upon which the said Fuller
Meade declared Trusts for others; and it appeared that
the said Toby Pallavicine did only consent that the Hand
should be changed, which was not made known to him
to have been done, and had no Consideration upon the
Change, nor was Party to the Assignment; and also that
the said Fuller Meade paid only One Thousand Pounds
to the said Sir Francis Clarke for the same; and after,
the said Toby Pallavicine paid Five Hundred Pounds,
Residue of the said Fifteen Hundred Pounds, to the said
Sir Francis Clarke, in Part of Redemption of the said
Mortgage; and forasmuch also as it appeared that
Fuller Meade had Notice of the said Mortgage: Their
Lordships were fully satisfied that the said Lands are
redeemable by the Petitioner; and Declared, notwithstanding the said Dismission, That, upon Re-payment by
the said Mr. Pallavicine of the Thousand Pounds to be
paid to the said Fuller Meade or his Assigns, the Residue
of the Fifteen Hundred Pounds, being the mortgaged
Money, to the Parties now interested in the said Terms,
with Interest after the Rate of the Statute, discounting
the Mesne Profits received under the said Mortgage, to
the said Fuller Meade and his Assigns: the said Manors,
Lands, and Leases, shall, by the Persons interested
therein, be re-assigned and conveyed to the said Toby
Pallavicine, or such as he shall nominate, discharged of
Incumbrances done by them; in which Accompt Allowance is also to be made to the said Meade and his
Assigns of the Sum of Two Hundred Pounds, alledged
to have been disbursed in new Buildings upon the Premises; and the Lords do direct, That (the said Dismission being set aside) the Execution of this Order be proceeded in by the said Court of Chancery; and the Accompt and Re-assurance there to be taken and directed
as in such Cases is used.
All which the House did accordingly Order; and
further gave Power to the Lords Committees, upon a
new Petition, to consider of the allowing of Eighty
Pounds more, which is pretended to be expended by the
aforesaid Meade in this Business.
Cook and Hanman versus Dutton.
The Petition of Robert Cooke and William Hanman, of
Glocestershire, was read, and Ordered to be referred
to the Committee for Petitions; and Sir Ralph Dutton
to have a Copy of the Petition and Articles, and to
make Answer unto the same.
Doctor Clarke to pay Lyne Damages.
It was reported by the Lords Committees, That one
Lyne, being indicted, for a Pretence of
stealing Corn, was committed by Doctor Clarke to Prison,
where he continued Five Weeks, to the great Damage
and Loss of the said Lyne; and their Lordships were
credibly informed that Doctor Clarke did offer to deliver him out of Prison, if he would release unto him a
House which he desired to have, whereby it appeared
that it was a vexatious Design of Doctor Clarke's to
keep him in Prison, thereby to procure his own Ends;
for which the Lords Committees have thought fit, That
Damages be given to the said Lyne, but the Measure is
referred to this House; which the House taking into
Consideration, did Order, That Doctor Clarke shall pay
to the said Lyne Thirty Pounds for Damages.
No Person to be a Judge in an Inferior and a Superior Court, in the same Cause.
It was likewise reported, That Jo. James, having
been much oppressed in divers Ecclesiastical Courts, for
which he had deserved to have had Damages given him,
but that he was able to produce but single Witnesses;
therefore their Lordships have given him none; but they
do desire to offer one considerable Particular to the
House, which they have observed in the Case, whether
they think fit that Judges of Appeal in Superior Courts
should hold any Place of Judicature in Inferior Courts,
from whence lies an Appeal to themselves.
Which Proposition the House considered of, and Ordered, That no Man, that holds a Place of Judicature
in Inferior Courts shall be Judge in such Courts wherein
there lies an Appeal before himself in any Superior Court.
Damages given to Wheeler against Buxton, Aylett, and some Members of the High Commission.
It was reported by the Lords Committees for Imprisonments, etc. That Robert Aylett, Doctor of the Civil
(fn. *) Law, and Commissary Judge in the Diocese of London,
commanded James Wheeler, Church-warden of Buttoph's,
in Colchester, Anno 1635, to rail in the Communion Table;
which he refused to do, unless the said Doctor Aylett would
save him harmless; for refusing of which, the said Wheeler
was Twice excommunicated, and afterwards a High
Commission Warrant was directed to one Stockdale, a
Messenger, to apprehend the said Wheeler; who required
the Aid of the then Mayor Robert Buxton, who caused
the House of the said Wheeler to be broken up, and
ransacked; and after, without any Warrant, caused the
Constables to make a Second Search in the said Wheeler's
House for him; who making an Escape, Two of the
Children of Wheeler, the Petitioner, were, by the said
Constables, carried before the said Mayor, who committed them to Prison for Three Days and Three
Nights; and, upon their Enlargement, were enforced
to enter into a Recognizance, with Sureties, to appear
at the then next Sessions; where nothing being proved
against them, they were discharged, but not without
Fees: By this Means the Petitioner's Husband being
driven from his Calling, which maintained him and his
Family, and being Three Years imprisoned, was enforced to leave the Kingdom. He dying in a Foreign
Country, the Petitioner and her Children were thereby
utterly ruined, there being Seven Hundred Pounds Losses
and Damages alledged to be sustained. In Consideration of the Premises, and in regard there is no Ground
in Law for to warrant or compel the railing in of the
Communion Table, and in respect of the great Loss and
Damage sustained by the said Wheeler, his Wife and
Children, by the hard and unjust Dealing as aforesaid; the Lords Committees thought it fit, That Three
Hundred Pound Damages should be given to the Petitioner, videlicet, One Hundred Pound to be paid by
Robert Buxton the Mayor; One Hundred Pounds to be
paid by Dr. Aylett; and One Hundred Pounds to be
paid by Sir Jo. Lambe and Dr. Ducke, equally to be
Hereupon the House did Order, That the said
Robert Buxton shall pay One Hundred Pounds Damages
to the Petitioner, and Dr. Ayllet One Hundred Pounds
likewise for Damages; but for the Hundred Pounds
conceived fit to be paid by Sir John Lambe and Dr.
Ducke, the House did refer it to the further Consideration of the Lords Committees, to examine the Power
and Virtue of the Warrant issued out of the High Commission Court.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Mercurii, videlicet, 10m diem instantis Februarii, 1640,
hora 9a, Dominis sic decernentibus.