DIE Sabbati, videlicet 12 die Junii.
Reference about L. Morley's, Trial, for the Murder of Clarke.
Ordered, To be referred to the Committee of
Privileges to consider of the Manner of Trial of the
Lord Morley and Mounteagle, a Peer of this House, who
stands indicted with Captain Kirke, in the King's Bench,
for the Murther of Clarke. Their Lordships
are to meet on Tuesday next, in the Afternoon, at
which Time the Judges of the King's Bench are to
attend the Committee.
Depredations by the French.
The Earl of March, Lord Warden of the Cinque
Ports, informed the House, "That he had received
Letters from Dover, (fn. *) that divers Ships of our English
Merchants have been lately taken by the French, and
made Prize of, which conduces much to the Prejudice of our Merchants." Hereupon the Consideration is referred to the Committee of Petitions, to be
heard on Wednesday next, in the Afternoon.
Likewise the Lord Admiral acquainted the House,
That he had received Informations from Sir John Pennington of divers French Ships, that do frequent our
Harbours, and, under that Pretence, do take divers
of our Merchants Ships, and carry them into France
as Prize; which he hath acquainted His Majesty with;
and it being a Business of such great Consequence between the Two States, His Majesty commanded his
Lordship to make it known to this House, and commits the Business to their Lordships Consideration."
Hereupon it is Ordered to be referred to the Committee of the whole House, to be debated on Thursday
Morning next, and so to prepare for a Conference with
the House of Commons.
Committee for Sir Peirce Crosbie's Cause.
Ordered, That the Earl of Dover and the Lord
Bishop of Lincolne be added to Sir Peirce Crosebie's Committee, and the Quorum to be reduced to Five.
Report about the Canons, made at the late Synod.
After this, the Lord Bishop of Lincolne reported the
Conference delivered from the House of Commons,
touching the Canons made at the late Synod.
Next, was read the Votes of the House of Commons,
concerning the Canons; which being read, this House
resolved to vote the same verbatim: videlicet,
"Resolved, upon the Question,
Votes of both Houses concerning them.
"That the Clergy of England, convented in any Convocation, or Synod, or otherwise, have no Power to
make any Constitutions, Canons, or Acts whatsoever,
in Matter of Doctrine and Discipline, or otherwise, to
bind the Clergy or the Laity of this Land, without
common Consent of Parliament.
"Resolved, upon the Question, nullo contradicente,
"That the several Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Cant. and
Yorke, Presidents of the Convocations for the respective
Provinces of Cant. and Yorke, and the rest of the
Bishops and Clergy of those Provinces, and agreed
upon with the King's Majesty's Licence in their several
Synods begun at London and Yorke 1640, do not bind
the Clergy or Laity of this Land, or either of them.
"Resolved, upon the Question,
"That these Canons and Constitutions Ecclesiastical,
treated upon by the Archbishops of Cant. and Yorke,
Presidents of the Convocations for the respective Provinces of Cant. and Yorke, and the rest of the Bishops
and Clergy of those Provinces, and agreed upon by
the King's Majesty's Licence, in their several Synods
begun at London and Yorke in the Year 1640, do
maintain in them many Matters contrary to the King's
Prerogative, to the Fundamental Laws and Liberties
of the Realm, to the Right of Parliaments, to the
Propriety and Liberty of the Subjects, and Matters
tending to Sedition, and of a dangerous Consequence.
"Resolved, upon the Question,
"That the several Grants of the Benevolence, or
Contribution, granted to His most Excellent Majesty
by the Clergy of the Provinces of Cant. and Yorke,
Anno Domini 1640, are contrary to the Law, and
ought not to bind the Clergy."
Court of York.
Ordered, That Mr. Attorney General be heard
speak upon Monday Morning next, touching the Legality
of the Court of Yorke.
L. C. J. K. B. Leave to be absent.
Ordered, That the Lord Chief Justice of the King's
Bench hath Leave to go into the Country for a few
Order in the Cause of Bagshaw & al. versus Bagshaw.
Upon the Report of the Lords Committees for Petitions, "That their Lordships had heard and considered
of the Petition of Edward Bagshawe, Henry Bagshawe,
Mary Bagshawe, and Margarett Wright, Plaintiffs,
against Thomas Bagshawe (Brother of the said Petitioners) Defendant; and that the said Tho. Bagshawe
had been heard at large what he could say for himself before their Lordships;" it is Ordered, by the
Lords in Parliament, and by the Assent of the Parties,
That the said Thomas Bagshawe shall put in such convenient Security, within Four Days after the Date hereof,
as by Ellyze Woodrooffe, Esquire, shall be thought fit,
and allowed of, for the Payment of the Portions of the
Petitioners, Mary Bagshawe and Margarett Wright, according to their Father's last Will and Testament; and
that the said Tho. Bagshawe shall give such Security as
aforesaid, or by Land, to pay One Annuity of Twenty
Pounds per Annum to the said Edward Bagshawe, for
Term of his natural Life, at the Four usual Feasts of the
Year, the first Payment whereof is to begin at Michaelmas next; and it is further Ordered, That, after the
Security given by the said Tho. Bagshawe, as by this
Order is directed, then the said Edward Bagshawe shall
release, with a Fine, unto the said Thomas, all his Estate,
Right, Title, Interest, Claim, and Demand, in and to
the Lands and Goods of Tho. Bagshawe the Father,
deceased, and by him conveyed to the aforesaid Tho.
Bagshawe, excepting the said Annuity of twenty Pounds
per Annum; and also that a Statute of Sixteen Hundred
Pounds entered into by the said Tho. Bagshawe the Son,
to John Gell, Esquire, and Tho. Lovinge, Gentleman,
shall be discharged [and (fn. *) made] void; and lastly, that
the said Tho. Bagshawe shall make a Release unto the
said Edward, of all Debts, Dues, and Demands whatsoever, from the Beginning of the World, until the
Date hereof; and that Mr. Woodrooffe is desired by the
Lords to see all Things perfected between the Parties,
according to the true Intent of this Order.
Order between Hawke and Den.
Upon Report made this Day to the House, from the
Lords Committees for Petitions, That the Counsel of
Michaell Hawke, Clerk, Petitioner, and Jo. Hawke,
Clerk, the present Incumbent of the Rectory and Church
of Upminster, in the County of Essex, had been heard
before their Lordships; and that it appeared unto them
that the Petitioner was inducted and presented to the
said Church and Rectory of Upminster, and did execute
the Cure thereof in Person for many Years, until, by
the Prosecution of one Christopher Denn, he was imprisoned, degraded, and deprived of the said Rectory, by
the High Commission Court, notwithstanding he made it
appear that he had pleaded his Pardon of 21°Jac. which
took away his Offences proved against him, which their
Lordships conceived to be illegally done; since which
Deprivation, and after the Death of the said Christopher
Denn, the said Jo. Hawke was presented, instituted,
and inducted into the said Rectory and Church of Upminster: In Consideration of all which, and in Recompence
and Satisfaction of the said Deprivation and Loss of the
said Michaell Hawke's Freehold, for Term of his Life;
it is thought fit, and so Ordered, by this House, and
by the Assent of the Parties, that the said Michaell
Hawke shall Yearly receive, during his natural Life, out
of the said Rectory of Upminster, by the Hands of the
said Jo. Hawke and his Successors, Parsons there, the
Sum of Forty Pounds per Annum, payable at The Feast
of St. John the Baptist, St. Michaell the Archangel, The
Birth of our Lord God, and The Annunciation of the
Blessed Virgin Mary, by equal Portions, the First Payment to begin at The Feast of St. Jo. Baptist next ensuing the Date hereof, by reason of the Charges and Expences of the said Michaell Hawke hath been at in this
Suit; and further, the said Jo. Hawke shall give unto
the said Michaell Hawke his own Personal Security, as
he shall be advised by Counsel, for the Payment of the
said Forty Pounds per Annum, accordingly for his Time,
if the said Jo. Hawkes shall so long live; and that the
said Michaell Hawkes shall give his own Personal Security to the said Jo. Hawke for his peaceable and quiet
enjoying and possessing of the said Rectory of Upminster,
as by his Counsel he shall be advised, so long as the
said John Hawke shall duly pay, or lawfully tender to
be paid, unto the said Mich. Hawke, the said Sum
of Forty Pounds per Annum, in Manner and Form
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præseus Parliamentum continuandum esse usque in diem
Lunæ, videlicet, 14m diem instantis Junii, hora 9a, Dominis sic decernentibus.
Huc usque examinatur per Dominos nos,