DIE Martis, 2 die Martii.
PRAYERS, by Mr. Spurstowe.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. De laware.
Answers from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer from the House of Commons:
That they will send an Answer by Messengers of
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they agree to the Alterations in the Ordinance
concerning the Ten Thousand Pounds for the Affairs of
Ireland; and they agree to the Credential Letter for
Mr. Strickland: (Here enter them.) And they have
taken into Consideration the Earl of Chesterfield's Petition.
Mr. Hakewell, Leave to be absent.
Ordered, That Mr. Hakewill hath Leave to go
into the Country, for Recovery of his Health.
List for Payment of Arrears to Officers and Soldiers.
The List Yesterday brought from the House of Commons, for paying a Proportion of the Arrears to Officers and Soldiers that have served the Parliament,
(fn. *) was read, and Agreed to by this House.
Bent and Swinfield, in Error.
This Day Swinfield's Counsel argued the Errors in
the Writ of Error brought into this House between Bent
Plaintiff and Swinfield Defendant.
Neither Bent nor his Counsel did appear, though
the Order was served upon them for arguing the said
Errors this Day.
And upon Consideration thereof by the whole
House, the Question was put, "Whether to
affirm this Judgement given in the King's
It was Resolved in the Affirmative.
Langham and Lymbery.
This Day was read the Matter of Fact of the Business between Alderman Langham, &c. Plaintiff and
Captain Lymbery, &c. Defendants, stated before the
Judges, by Consent of both Parties.
(Here enter it.)
It is Ordered, That the Record of the Statute of
4 H. IV. shall be brought into this House on Thursday
Morning, that so it may be compared with the Printed
Statute, because it (fn. †) is alledged they differ.
The Judges are to attend this House the said Day.
Report about The Carribee Islands.
The Earl of Warwicke reported from the Committee
for Foreign Plantations, the State of The Carriby Islands,
which was read. (Here enter it.)
E. of Carlisle, a Pass to go there.
A Declaration of this House, dated the 5th of September, 1645, concerning the Right of the Earl of
Carlile to The Carriby Islands, was read.
The Question being put, "Whether the Earl of
Carlile shall have a Pass to go to the The Carribe Islands?"
It was Resolved in the Affirmative.
Ordinance concerning the E.I.Co.
Ordered, That the Ordinance concerning the East
India Company shall be taken into Consideration on
Friday Morning next.
Ordinance to direct the Judges in Trials for Matters committed by Persons under Arms.
Ordered, That the Committee concerning the Ordinance about Criminal Matters to be respited before
the Judges the next Assizes, shall meet To-morrow
Morning, at Nine of the Clock.
L. Say & Seal's Servant, Privilege.
Upon Information to the House, "That
a menial Servant of the Lord Viscount Say & Seale, is
arrested, contrary to the Privilege of Parliament:"
Bailiffs, &c. sent for.
It is Ordered, That he (fn. *) shall forthwith be released; and the Serjeants or Bailiffs that arrested him
shall be brought before this House, to answer the same.
Upon reading the Petition of Wm. Sykes, Merchant,
of Hull: It is Ordered, To be specially recommended
to the House of Commons, for some Relief to be
given to the Petitioner.
Ordinance to regulate the University of Oxford.
Ordered, That the Committee for the Ordinance
for regulating the University of Oxon shall meet Tomorrow in the Afternoon, at Three of the Clock.
Latham & al. E of Carlisle's Creditors, Pet. that he may not be allowed to go to The Carribee Islands.
"To the Right Honourable the Committee for
"The humble Petition of William Latham and
Eighty other Creditors of the Earl of Carlile;
"That your Petitioners have, about Two Years since,
obtained a Decree in Chancery against the now Earl
of Carlile, for the Debts due unto them by his said
Father; and as yet no Satisfaction given them.
"Forasmuch as they are informed that the said Earl
intends to transport himself to the Island of Barbadoes, which will be the utter Undoing of your Petitioners;
They therefore humbly pray that they may be
admitted to shew Cause before this Honourable Committee, why the said Earl ought not
to pass beyond Sea.
"And they shall pray, &c.
State of the Case between them.
The brief State of the Case for the Creditors
of the Earl of Carlile, concerning the Islands
"King Charles, by Letters Patents, dated 2 Junii
3° Car. grants to James Earl of Carlile the Region
or Country called The Charibee Islands, with general
"4 April. 12° Carol. James Earl of Carlile, by Lease
and Grant of the Reversion, grants and affures the
Premises, inter al. to Sir James Hay, Archibald Hay,
Richard Hurst, and their Heirs, upon Trust, To
permit the Earl, and such as he should appoint, to
receive the Profits for his Life; and, after the Death
of the Earl, that the Trustees and their Heirs should
employ such Monies, Rents, and Profits, as could be
raised thereby, or by Lease or Sale of any Part
thereof, for the Payment of all the Debts of the said
Earl; and that after, the Surplusage and Residue of
the said Premises should come and be conveyed to the
Use of James Lord Doncaster, and to his Heirs.
This appears by Deeds enrolled.
"The Earl of Carlile was indebted to Mr. Latham
and others, by Judgements, Bonds, and otherwise to
Tradesmen, above Twenty-five Thousand Pounds,
and died Intestate, possessed of a Personal Estate of
Five Thousand Pounds Value.
"James Earl of Carlile took Administration of the
Goods of his Father. The Debts were not paid.
The Creditors, who are many of them poor, and
ready to starve for Want of Payment of their Debts,
after many Delays and Treaties, preferred a Bill in
Chancery against the Earl and the Trustees, to have
the Trust performed and Debts paid. After Answers,
whereby the Trustees were confessed, and after many
Delays, and after Examination and Proof of the
Debts, after several Hearings in a Court; a Decree,
May and November, 20 Car. That the Islands should
be employed, according to the Trust, for Payment of
the Earl's Debts; and the Earl was ordered to pay
Four Thousand Six Hundred Eighty-one Pounds,
Eighteen Shillings, being Assets in his Hands.
"That the Earl was served with the Decree; and, in
Contempt, petitioned the Lords in Parliament, who
were pleased to stay Proceedings, and make a Committee to consider thereof. They met, and directed
Counsel to treat; which is done, but nothing done
thereupon. The Earl endeavours to go beyond Sea,
as Governor of the Islands; and thereby it will be in
his Power to divert the whole Profits to what Use he
pleaseth; and all the Profits received from many Years
are not yet accounted for, but are to be accounted for
before a Master of the Chancery, and to go towards
Payment of Debts.
"It is humbly desired, that the Earl of Carlile may
not have any Leave or Countenance to go to the
Islands; but that such Sequestrators or others, as the
Court of Chancery hath or shall direct, may have
Liberty and Power to manage the Affairs of the
Island, and to return the Profits, for Satisfaction of
the Creditors, according to the Order and Decree.
"The Truth hereof appears by the Deed enrolled,
and the Decrees enrolled, and other Orders and Proceedings in that Court."
Planters, &c. of Barbadoes, Petition, concerning the Government of the Island; and for their Tenures to be settled in Common Soccage.
To the Right Honourable the Committee of Lords and Commons for Foreign Plantations.
The humble Petition of the Merchants and Planters adventuring to the Island of Barbadoes, whose Names
"That the Island of Barbadoes, in The West Indies, was either totally, or at least principally, planted and
settled by the Petitioners and such as they employed, and at their great Hazards, Costs, and Charges; and
being now, by God's Blessing, brought to some Maturity, so that as well this Kingdom may reap some considerable Benefit by the Customs and Trade from thence, and the Petitioners receive some Recompence towards
the Charge and Expence by them sustained, if the same be carefully managed, and a right Government settled,
and Peace aud Quietness maintained; but, on the contrary, the whole Plantation would in Likelihood perish, if
Disorders should there arise, and that the Planters and People there, instead of labouring the Ground, and
employing themselves about the Fruits there growing, should be vexed and turmoiled by Suits or Quarrels.
For Prevention thereof, (fn. *) the Petitioners do humbly beseech this Honourable Committee, in respect they
understand that there are several Claims made several Ways to the Propriety, Revenue, or Government
of the said Island, to be pleased so to look upon the Petitioners and their Charge, as that their Tenure
of their Lands may in the First Place be settled in Free and Common Soccage, by such speedy Means
as the Wisdom of this Honourable Committee will please to direct; and also to hear the Petitioners to
offer their Reasons touching the Manner of the Government, as may best stand with the Quiet of the
Place; always submitting themselves to the Order and Direction of this Honourable Committee:
And they shall pray, &c.
Report concerning the State of The Carribee Islands.
"Die Sabbati, 28 Februarii, 1646.
"At the Committee of Lords and Commons for
"Whereas, by an Order of the House of Peers,
dated 11th January last past, it was, upon the Desire
of the Earl of Carlile to go to The Charibee Islands,
referred to this Committee, to [ (fn. *) state the] Business
of the said Islands, and afterwards to make Report to
the said House:
"In Pursuance thereof, it is represented by this
Committee unto the said House of Peers, That, by an
Ordinance of Parliament, dated the 2 of November,
1643, and since confirmed and ratified by an Ordér of
both Houses, dated 21 March, 1645, the providing
for, ordering, and disposing-of all Things requisite
for the Governing, Securing, Strengthening, and
Preserving of the English Plantations in America, and
the Appointing of subordinate Governors, Counsellors,
Commanders, &c. is referred to the Earl of Warwicke, as Governor in Chief and Lord Admiral of the
said Plantations, and to certain Commissioners of both
Houses of Parliament therein named.
"That, in Pursuance of the said Power, the said
Governor in Chief and Commissioners did, about November, 1643, pass several Acts under their Hands and
Seals, for exempting the Inhabitants of The Charibee
Islands from all Taxes and common Charges, other
than what should be necessary for the Support of the
Government, and defraying the Public Occasions of
the Islands; as also for the authorizing of them to
choose their respective Governors (with reference to
their Approbation by the said Governors in Chief
and Commissioners), and to oppose the Admittance of
any other Governor, not authorized by the said Governor in Chief and Counsellors, that should be obtruded upon them, or that should exact any Taxations
other than what is before mentioned.
"They did at that Time, in like Manner, appoint
several Governors, for the Islands of Barbados, Christopher's, Mevis, Montserratt and Antegua, inviting the
said Inhabitants to submit to the Parliament's Obedience, with Promise of Protection and Encouragement.
"But the said Inhabitants have not by any Act of
theirs testified, or in any Kind declared to this Committee, their Submission to the Parliament; but, instead thereof, Christopher's and Montserrat have admitted the Earl of Marleborough, in Opposition to
the Parliament's Authority; and the rest of the said
Islands have remained at least Neutral.
"That the said Governor in Chief and Commissioners
did, 27 March, 1646, second their former Invitations, by Letters to the Governors and Council of
Barbados, Mevis, and Antegua, and S'ta Cruce, reciting
and renewing the Offers of Privilege before mentioned. They did also issue a Commission for examining of some Grievances in the Barbados, and a Grant of
Immunity to the Inhabitants thereof from Molestation
by any Ceremony or Imposition in the Matter of
God's Worship; and at the same Time authorized
some Masters of Ships to assist such in those Islands as
should declare for the Parliament, and to deny Trade
with such as had fallen to the Enemy. But (fn. †) such Reception of the said Particulars was given at The Barbados,
that the Party intrusted with Conveyance of the said
Letters returned back those directed to Mevis, Antegua, and S'cta Cruse; and to that delivered at The
Barbados, (fn. ‡) an Answer directed to the Earl of Warwicke,
from the Governor and Council thereof, was a few
Days since received, being as followeth:
Letter from Barbadoes, desiring to be excused paying Obedience to Commissions sent out; till the Differences between the King and the Parliament are settled.
By ours of the 19th of May, 1644, your Lordship received Answer of yours of the First of December, 1643; likewise of a Second of yours, of the
First of December, 1643; with which Letters we
received an Ordinance of Parliament, dated 2 Novembris, 1643, by which your Lordship was constituted
Governor in Chief and Lord High Admiral of the
English Colonies in The West Indies; unto all which
we did conceive we had given a full and satisfactory
Answer, which we manifested by our humble Deportments, and in not receiving the Commission brought
by the Earl of Marleborrough from His Majesty, and
in giving all favourable and friendly Reception unto
all Merchants and Seamen which arrived here from
any of the Parliament's Ports: Since which, we received a Declaration of Parliament, dated 3 Sept.
1645, by which the Earl of Carlile was confirmed in
all his Rights and Titles given him by former Letters
Patents. We are now, by your Lordship's Letters,
dated 27 March, 1646, founded on the First Ordinance, revived the 21th of March, 1645, commanded
to that Obedience, which, for the Reasons given in
our former Answer, we could not then wholly submit
unto, and since much more disabled, by reason of a
general Declaration of the Inhabitants, subscribed by
every Parish, wherein they express their several Resolutions, not to receive any Alteration of Government,
until God shall be so merciful unto us as to unite the
King and Parliament; which Declaration was occasioned by Intelligence received here of Commissions
that were to be sent both from His Majesty and the
Parliament; in which necessitated Strait, we humbly
desire that our Wants of exact Obedience to your last
Commands may not give Offence unto your Honour.
"My Lord, we believe we have given many Arguments of our Respects to your Lordship in particular;
and shall be always ready to shew ourselves obedient
to all Commands from the Honourable Houses of Parliament that may be consistent with our Safety; and
as our Consciences acquit us from all Demerits, so
we hope God and your Justice will protect us from
all Evil threatened us.
"My Lord, [ (fn. *) we conceive] it needful to give your
Lordship Satisfaction concerning a Commission brought
to us, bearing Date the 27th March, 1646, attested
by your Honour and other Lords, and some Members
of the House of Commons, being a Committee appointed by the High and Honourable Houses of Parliament, which the Bearers pretended to give Liberty
of Conscience in Matters of Religion; but, on Perusal thereof, we find only an Exemption from having
any Ceremonies or human Constitutions obtruded upon
them in the Worship of God; all which Liberty,
before and since the Receipt of the said Commission,
every Man hath here freely enjoyed: And if any
Man here have suffered (Minister or Lay), either by
Deprivation, Banishment, or Imprisonment, it hath
been for preaching Blasphemies or Heresies, or for
maintaining or promulgating known Errors in the
Fundamentals of Faith.
"We humbly desire your Lordship, that the rest of
the Committee may be certified of these Truths; as
likewise that your Honours will be pleased to give a
favourable Construction to the honest and loyal Intentions of
Barbados, Le Octob. 1646.
"Most humble Servants,
"To the Right Honourable Robert
Earl of Warwicke. Present these."
Report of the State of the Case between the E. of Carlisle and Latham & al. his Creditors.
"That, on the 8th of January last, William Latham,
in Behalf of himself and Eighty others of the Earl
of Carlisle's Creditors, did, by Petition to this Committee, set forth, That the said Creditors had Two
Years since obtained a Decree in Chancery against the
now Earl of Carlisle, for the Debts due to them by
his late Father; and pray, that, forasmuch as they
are informed the said Earl intends to transport himself to The Barbados (which, as they alledge, will be
their utter Undoing), they may be admitted to shew
Cause why the said Earl should not pass beyond Sea;
and on the 20th of January last, they presented to
this Committee their Case more particularly in Writing, and set forth some Grants of the late Earl of
Carlisle, whereby The Charibee Islands are assured to
certain Persons on Trust, That, after the said late
Earl's Death, the Monies, Rents, and Profits, raised
thereby, should be employed for Payment of all his
Debts, amounting to above Twenty-five Thousand
Pounds; and the Overplus to the now Earl, Administrator of his said Father's Estate: Which Trusts
were also confirmed in Chancery; by the Decree
whereof, the said Islands are to be employed according to the said Trust: With which Decree being
served, the said Earl addressed himself to the House
of Peers, where the Matter is still depending, as by
the said Paper is more largely set forth.
"That, on the 20th of January last, the Proceedings
of this Committee in reference to the said Islands, and
the said Creditors Petition and Case, were ordered
to be delivered to the Earl of Carlisle; with a Desire, that his Lordship would give such Answer thereunto as he should see Cause, and also state in Writing
his Interest in the said Islands, if he should think
fit: To which his Lordship returned an Answer in
Writing, the 8th of February Instant, being as followeth:
E. of Carlisle's Answer to Latham & al. his Creditors; and desiring Leave to go to the West Indies.
"To the Right Honourable the Committee
of Lords and Commons for Foreign Plantations.
"Having received, by your Lordships Directions, a
Copy of an Order of the House of Peers, bearing
Date the 11th Day of this Instant Month of January,
whereby it is referred to this Committee, to state the
Business of The Charibee Islands; as also an Abstract
of an Ordinance of Parliament, bearing Date 2 Nov.
1643, whereby the Earl of Warwicke is constituted
Governor in Chief, and divers others Members of
both Houses Commissioners, for the English Plantations
in America, and likewise a Breviate of the Proceedings
of this Committee thereupon; and the Copy of a Petition referred to you by the Creditors of my late Father, and in reference to them a Case stated concerning the said Islands; and being desired by your Lordships Order to give you an Answer in Writing to all
the Premises, I shall present you with these ensuing
"1. King Charles, by His Letters Patents, bearing
Date the 2d Day of June, 3 Car'l. did grant
to James Earl of Carlisle, my late Father, and
his Heirs, all that Region, Country, or Province, commonly called The Charibee Islands,
and, by express Words, did appropriate the
Governorship and Chief Command of the same,
and the Propriety to and in the Soil itself, to
my said Father and his Heirs, with all Perquisites, Profits, and Royal Franchises whatsoever, in as ample Manner as the County Palatine of Durham, in the Kingdom of England,
at any Time hath been held or enjoyed.
"2. Whereas your Lordships hath been troubled
with the Petitions of my said late Father's
Creditors, and, to give them Satisfaction (I
presume), do desire me to state the Case upon
the Islands; I shall be bold to let you know,
they have brought me into Acquittance with
the Courts of Westm'r Hall, and, through
the Irregularity of their Proceedings, have enforced me to appeal to the House of Peers,
where now the Cause and all the Transactions
thereof is depending; and for that it is a
Cause of particular Interest and Propriety,
I conceive, upon Perusal, of a late Order of
Parliament, bearing Date the 14 of April,
1646, it will appear to be a Thing not proper nor worthy of your Consideration.
"3. And for the Ordinance of Parliament that
is mentioned, and the Proceedings thereupon,
I conceive it was never intended I should be
prejudiced thereby in my Inheritance; but rather receive Assistance and Protection by it,
against the Earl of Marleborough, or any other
Persons, who by Commissions from the King
did or might disturb me in my Government
"And give me Leave to put your Lordships in
Mind, That, by a latter Ordinance, bearing
Date the 13 Day of February, 1644, I am
invested and settled in all my Lands, Possessions,
and Inheritances, in what Place soever; which
gives me Occasion to desire that I may take the
Trouble off from your Lordships, and go in
Person to the Plantations.
"That, on the 8th of January last, divers Merchants,
and the Planters adventuring to The Barbados, did, by
Petition directed to this Committee, set forth the said
Island to be totally, at least principally, planted by
them; and being now brought to Maturity, and understanding that there were several Claims made to
the Property, Revenue, and Government, they pray
that the Tenure of their Lands there may be settled
in Free and Common Soccage; and that their Reasons
may be heard touching the Manner of the Government, which may most stand with the Quiet of the
Place; a Copy of which Petition was, on the 8th of
February Instant, ordered to be delivered to the Earl
of Carlisle, who was desired to give or send in Writing such Answer thereupon to this Committee as
his Lordship should see Cause: To which his Lordship did this Day return Answer, as followeth:
His Answer to the Petition of the Planters, &c. of Barbadoes, concerning the Government of the Island, and for their Tenures to be settled in Common Soccage.
"To the Right Honourable the Committee
of Lords and Commons for Foreign Plantations.
"Having received the Copy of a Petition directed unto
your Lordships, intituled, "The humble Petition of
the Merchants and Planters adventuring to the Island
of Barbadoes;" and being desired to return my Answer
to the same: I do humbly say, That the Ground
which they pretend by their Petition is the very
same which moveth me to take my Voyage to those
Islands; (videlicet,) to have a right Government
continued there, and to maintain Peace and Quietness amongst the Inhabitants. And for their Supposition that several Claims are made to the Propriety, Revenue, and Government, of the said
Islands, I understand no Right that is claimed or
pretended to the same, in Derogation of my
Estate; only the Creditors of my late Father may
claim an Interest to the present Profits arising in
those Islands, which I do allow, and shall endeavour to confirm, until their just Debts be fully satisfied.
"But for the Petitioners Desire to have their Reasons or Propositions heard, concerning such Manner
of Government as they shall prescribe to have established there; as hitherto they have had no Cause
to complain of the present Government under the
Managery of my Deputies, nor are to be my Judges
therein; so to the future, I shall be ready to receive
from them any discreet Advertisement touching the
same; and, as I do esteem their Good and mine reciprocally involved each in the other, I shall endeavour impartially to maintain and improve the same.
"All which this Committee doth submit to the
Consideration of the said Right Honourable
House of Peers.
"By Command of the said Right
"W. Jessop, Sec."
Order to report the foregoing Papers; and that the E. of Carlisle's going to The Caribee Islands will be attended with bad Consequences.
"Die Lunæ, 1 Martii, 1646.
"At the Committee of Lords and Commons for
"Upon Reading and Consideration of a Petition
from the Planters and Adventurers to the Island
of Barbados, directed to this Committee, and this
Day read; they praying thereby, That the Earl of
Carlisle's going to The Charibee Islands may be suspended:
"Ordered, That it be reported to both Houses of
Parliament, as the Opinion of this Committee, That
the going of the Earl of Carlisle to The Charibee Islands will tend to the Disturbance thereof, the Hindrance of Trade, and the Discouragement of the
Planters, and will endanger the Defection of the
Planters from the Parliament: And it is further Ordered, That, together with this Report, there be
presented to both Houses the State of the said
Islands, and of this Committee's Proceedings, both in
Reference to them and to the said Earl of Carlisle:
And it is referred to the Earl of Warwicke to make
Report hereof to the House of Peers; and to Mr.
Rigby, Mr. Bond, and Mr. Allen, or One of them, to
make Report thereof to the House of Commons.
"W. Jessop, Sec."
Order for 10,000 l. for Ireland.
"Ordered, by the Lords and Commons assembled
in Parliament, That Ten Thousand Pounds more
than what is already lately ordered for the present
Service of Ireland be provided for the same Service,
deducting so much thereof as the Particulars of Arms,
Ammunition, and other Provisions, shall amount
unto, which they shall be furnished out of the Magazines of the Army; and that the said Ten Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, and paid by the Treasurers there unto
such Person or Persons as the Committee for the
Affairs of Ireland sitting in the Star-chamber shall
appoint to receive the same, and issued by Order of
the said Committee for the Affairs of Ireland; and
the Acquittance of such Person or Persons as shall
be appointed by the said Committee for the Affairs
of Ireland to receive the same shall be a sufficient
Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of the said Sum of
Ten Thousand Pounds accordingly: And for the
more speedy bringing in the said Monies, which does
so much concern the Preservation of that Kingdom
to this Crown, it is further Ordered, That if any
Person shall advance the said Sum of Ten Thousand
Pounds, or any Part thereof, that he shall be allowed
Interest, after the Rate of Eight Pounds per Cent.
for a Year, payable every Six Months, by the said
Treasurers at Gouldsmiths Hall, for the Time that
the Sum he shall so advance and lend, or any Part
thereof, shall be forborn."
Langham & al. and Lymbery & al.
Inter Joh'em Cordell Mil. Joh'em Langham
Alder. & al. Querentes, Joh'em Lymbrey & al.
|This Action brought in Michaelmas Term, 17 Carol. 1641.
|"There being an Action of Covenant depending in the King's
Bench, between the said John
Lymbry and others Plaintiffs, and
the said Alderman Langham Defendant, in Trinity, 19° Car'l.; a
Trial was appointed there in
Michaelmas Term following.
"A Jury was returned and filed.
|"The Alderman and his Partners petitioned the Lords in Parliament to refer the Matters to
Merchants, to hear and determine; or to order the Defendants
to consent to a speedy Trial, wherein indifferent Merchants may be
returned for Trial of the Cause;
or that the Matter might be referred to Merchants, to hear and
certify their Lordships; and then
their Lordships to judge.
|15 Nov. 1643.
|"Unto which Petition Mr. Lymbrey having answered; their Lordships, after Counsel heard on both Sides, ordered the Alderman's
Petition to be retained in the
House, and the Trial at Law to
go on; but reserved the Equity,
after the Trial at Law had, to
their Lordships: And if the Verdict passed for Lymbry, he might
take his Judgement, but stay his
Execution till the House gave
Mich. 19 Carol.
|"The Trial proceeded; and Verdict passed against the Alderman,
and Eighteen Thousand Pounds
|5 or 6 Maii, 1644.
|"The Alderman and his Partners
petitioned the Lords, That, there
being a Great Seal and a Chancery open, the Want whereof
caused their former Appeal and
Address, their Lordships would
dismiss the said Matter; and that
they might be left to take their
|"Lymbry petitioned against it.
|8 May, 1644.
|"Ordered, To hear both Parties thereupon.
|14 May, 1644.
|"Lymbrey left to take his ordinary Course in Law, for gaining
of a Judgement; but should stay
Execution till the House should
give Direction: And Mr. Alderman and his Partners to take
their Remedy in Equity as their
Counsel should advise.
|18 May, 1644.
|"By Order of the King's Bench,
Day is given till Saturday after
Crastin. Ascensionis, being the 20th
of May; the same Rule is confirmed.
|25 May, 1644.
|"The Cause between the Alderman and others, against Lymbrey
and others, depending in the
Lords House, left to the ordinary
Proceedings at Law.
|28 May, 1644.
|"Sir John Cordell, Alderman
Langham, and their Partners, exhibit their Bill in Chancery, after
Verdict, and before Judgement,
against Lymbrey and his Partners,
to be relieved against the said
Verdict; and to be satisfied their
Freight, and Damages for the Loss
of their Ship.
|3 Junii, 1644.
|"The First Saturday of Trin
Term is given peremptorily to
hear the Resolution of the Court
of King's Bench.
|7 Junii, 1644.
|"Ordered in Chancery, That
the Defendants shall, by the next
Seal, put in their Answer, Plea, or
Demurrer, to the Plaintiffs Bill;
which their Counsel consented
to: And in the mean Time the
Defendants Proceedings at Law
ordered to be stayed.
|15 & 20 Jun. foll.
|"Lymbrey and his Partners answered, pleaded, and demurred.
|22 Jun. 20° Car.
|"After several Days for the Court
of King's Bench to give their
Opinion; a Rule in the King's
Bench for Judgement, if Cause
not shewn the 29th of June following.
|29 Jun. 1644.
|"The Plea and Demurrer overruled; and where the Plaintiffs
Counsel moved for an Injunction,
to stay the Defendants Proceedings at Law until Answer and
other Order, the Court thought
not fit to stay the Defendants
from Proceeding to take their
Judgement; but ordered that
Execution be stayed, until the
Defendants shall put in a perfect
Answer, and the Court take further Order to the contrary; and
for that Purpose the Plaintiffs
might take an Injunction.
|8 Julii, 20 Car.
|"Ordered, by the King's Bench,
That Judgement be entered for
the Plaintiff; but Execution stayed till Friday after Quindena
|6 Sept. 1644.
|"Lymbrey and his Partners answer in Chief, set forth the Judgement by Way of Answer, and insisted upon the Statute of 4H. IV.
|4 Nov. 1644.
|"Lymbrey and his Partners put
in a Second Answer.
|29 Jan. 1644.
|"The Alderman and his Partners
|"To which Lymbrey and his
|10 April. 21 Car. 1645.
|"Over-ruled, and the Parties to
examine Witnesses; and, by Consent, the Matters at Law to rest as
then they did till the Hearing;
but no Witnesses to be examined
to Matters formerly in Issue in the
former Suit in Chancery.
|27 Jan. 21 Carol.
|"Heard by the Commissioners;
a Decretal Order and subsequent
Orders made, from which the
said Sir John Cordell, Alderman
Langham, and their Partners, have
now exhibited their Petition of
Appeal to the House of Peers in
|"To which, by Way of Answer,
Lymbrey sets forth the Statute of
4 H. IV; and that, by reason
thereof, the Chancery had no
Sanderson to be instituted to Plumstead.
Ordered, &c. That Doctor Heath give Institution and Induction unto Isaac Sanderson to the Vicarage of Plumsted, in Com. Kent, &c.; Mr. Tookey
Cheeke, a Pass to France.
It is Ordered, by the Lords in Parliament assembled, That Robert Cheeke Esquire shall hereby have
Liberty to transport himself, at any Port of this Kingdom, for France, taking along with him Richard Burnham his Servant; provided, they take not any Thing
with them that may be prejudicial to the State.
Letter of Credence for Strickland, to The States of Holland.
"Illustrissimi, Excellentissimi, ac Præpotentes Domini,
"Cum Generosus Gualterus Striclandus, Unus ex
Ordinibus Communium hujus Parliamenti, ad nos
redux, de constanti vestrâ in nos nostramque Nationem Humanitate & Benevolentiâ, de quâ Illustrissimis Vestris Excellentiis summas habemus Gratias,
nos abundè edocuerit; eundem nos ad Vestras Illustrissimas & Præpotentes Excellentias rursus ablegare voluimus, ut Mandata nostra, quæ ad veterem
hinc inde conservandam Amicitiam facient in posterum
Illustrissimis Vestris Excellentiis exponat; quæ quidem ut eæ (quandocunque petet) Favore & Fide
Ministris Publicis præstari solitâ audire & expedire
velint, obnixè rogamus; Deum precantes, ut piis
vestris Consiliis & Conatibus semper adsit.
"Dat. ex Palatio Parliamentario Westmonisteri,
Martii, Anno Christi mdcxlvi.
"Illustrissimis ac Præpotentibus Vestris Excellentiis
"Officiocissimè ac studiosissimè addicti,
Proceres & Ordines Communium
House adjourned till 10a cras.