DIE Jovis, 15 die Julii.
PRAYERS, by Mr. Taylor.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer from the House of Commons:
That they agree to the Ordinance concerning Dr.
Clarke to be Judge of the Admiralty, as it was sent
down: To the rest, they will send an Answer by Messengers of their own.
Report from the Admiralty Committee about Smith, the Marshal.
Upon reading a Report from the Committee for the
Admiralty and Cinque Ports, and a Petition of Solomon
Smyth, Marshal of the Court of Admiralty.
(Here enter them.)
Ordered, That the Business of Solomon Smyth
shall be heard, by his Counsel, on Wednesday next;
and the other Parties concerned are to have Notice
E. of Newport, Leave to stay in Town.
Ordered, That the Earl of Newport hath Leave
to stay in Town.
Serjeant Fynch, Leave to be absent.
Ordered, That Mr. Serjeant Finch shall have Leave
to go into the Country.
Message to the H. C. about Horses being to the French King;
A Message was sent to the House of Commons, by Sir
Edward Leech and Mr. Page:
1. To desire their Concurrence, in a Pass for Ten
Horses, to be transported into France, for the Use of
the French King, Custom-free.
and Murray's Pass.
2. To desire their Concurrence, that Mr. Henry
Murray shall have a Pass, to go to the King.
Pass for the E. of Derby's Children.
Ordered, That the Children of the Earl of Darby,
(videlicet,) the Lady Katherin Stanley, the Lady Amelie
Stanley, Mr. Edward Stanley, Mr. Will'm Stanley, shall
have Liberty to transport themselves, with their Servants and Goods, from the Isle of Man, to any Port of
this Kingdom; and the Vessel wherein they shall be
embarked to pass without Lett or Molestation: Provided, That they bring nothing with them prejudicial
to the State.
Gregg and Woodward.
The Cause between Gregg and Woodward, upon a
Writ of Error, came this Day to a Hearing.
Ordered, That the Record shall be remitted, and an
Affirmatur to be awarded.
Brown & al. and, Morris & al.
The Cause of John Browne Esquire, Clerk of the
Parliaments, Sir Adam Littleton Baronet, & al. versus
John Morris & al.
Butler, a Pass.
Ordered, That Cornet George Butler, with his Servants and Necessaries, shall have Liberty to go into
L. Capel to be released, on Bail.
Ordered, That the Lord Capell shall be released of
his present Restraint, until the First of October next,
upon good Bail, he to enter into One Thousand Pounds,
and Two Sureties in Five Hundred Pounds apiece; to
render himself a true Prisoner at the same Time.
Willis and Coytmore.
Ordered, That the Cause between Mr. Willis and
Mr. Coytmore be heard To-morrow, at Ten.
Morris, alias Poyntz, to be attached.
Ordered, That the Gentleman Usher attending this
House, or his Deputy, shall attach the Body of John
Morris, alias Poyntz, and keep him in safe Custody,
until the Pleasure of this House be farther signified, for
forging an Act of Parliament: And this to be a sufficient Warrant, &c.
To the Gentleman Usher, &c.
Brown, Cler. Parl. Sir A. Littleton, & al. versus Morris, alias Pointz, & al.
Upon full Hearing, divers and several Days, the
Counsel of John Morris, alias Poyntz, Sir Adam Littleton Baronet, and John Browne Esquire, Clerk of the
Parliaments, and others; and also the Complaint of
the said Sir Adam Littleton and the said John Browne,
against the said John Morris, alias Poyntz, and Mary his
Wife, Leonard Darby, John Harris, and Isabell Smith:
It is Ordered, by the Lords in Parliament assembled,
That the aforesaid John Morris, alias Poyntz, and Mary
his Wife, Leonard Darby, John Harris, and Isabell
Smith, or some of them, shall peremptorily, upon Tuesday
next, the 20th of this Instant July, produce, or cause
to be produced and brought into this House, the Exemplification, under the Great Seal of England, of an
Act of Parliament, intituled, "An Act to make good a
Conveyance of Little Munden, made from Sir Peter
Vanlore Knight, and Sir Charles Cæser Knight, unto
Edmond Woodhall Esquire, and his Heirs;" and also
another Exemplification of a pretended Act of Parliament, intituled, "An Act to enable and make
good a Conveyance and Assurance, made of the
Manors of Chipping Onger, South Okenden, and other
Lands in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James
Morris Esquire, and Gabriell Poyntz Esquire, to John
Poyntz, alias Morris, and his Heirs, and to establish
the said Manors upon the said John Poyntz, alias
Morris, and his Heirs, according to the said Conveyance:" And then this House will proceed to give
Judgement upon the whole Matter.
Ordinance for Doctor Clarke to be Judge of the Admiralty.
"It is this Day Ordered and Ordained, by the
Lords and Commons assembled in Parliament, That
Doctor William Clarke be hereby nominated and constituted Judge of the Admiralty, to proceed therein,
according to the lawful Jurisdiction of the said Court,
in such Manner as Doctor Sammes, Sir Henry Martin, or
other former Judges of that Court, formerly did or might
lawfully proceed; and that the Committee of the
Lords and Commons for the Admiralty do pass a
Patent unto him, under the Seal of the Admiralty, accordingly, of the said Place of Judge of the said
Court of Admiralty; to enjoy and exercise the same,
with the same Rights and Pre-eminences, as the said
Doctor Sammes, Sir Henry Martin, or any other former
Judge of the Admiralty, of Right, and lawfully held,
enjoyed and exercised the same: Provided, That
this Ordinance shall continue during the Pleasure of
both Houses and no longer."
Paper from the Admiralty Committee, for Smith the Marshal to be indemnified, for executing Decrees of that Court.
"Die Veneris, 28 Maii, 1647.
"By the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"On reading of the Petition of Mr. Salomon Smith,
Marshal of the Admiralty, directed to this Committee,
concerning his great Sufferings by several Actions
brought against him at Common Law, for Execution
of several Warrants and Decrees of the Admiralty,
according to his Oath as Marshal: Ordered, That
the said Petition be reported to the House of Peers;
with a Recommendation from this Committee, that
they will please to take such Consideration thereof,
for the Petitioner's Relief, as their Lordships shall in
their Wisdom and Justice think fit.
"Rob't Coytmor, Secr."
His Petition to them, about it.
"To the Right Honourable the Committee of
Lords and Commons for the Admiralty and
"The humble Petition of Solomon Smith,
Marshal of the Court of Admiralty;
"That your Petitioner, by his humble Petition lately
presented to your Honours, did declare the many
Actions brought against him, at the Common Law,
as Marshal of the Admiralty, for Execution of the
Warrants and Decrees of that Court, which he is
sworn to do, and cannot without Breach of his Oath
refuse; since which Time, namely, on Saturday last,
One of those Actions brought against him, by one
Edward Davis, in the King's Bench, for a Parcel of
Tobacco sold by the Petitioner above Six Years since,
by a Decree out of the said Court, for Payment of
Freight, hath been tried before Mr. Justice Bacon,
and a Verdict passed against him for Four Hundred
Pounds; which he hath by Writ of Error removed to
the House of Peers.
"His humble Suit therefore now is to your Honours, that your Petitioner, and his Condition
into which he is fallen meerly by Performance of his Duty to which he is sworn, may
be taken into your serious Consideration; and
that your Honours would be pleased to consider, that through your Petitioner's Sides the
whole Jurisdiction of the Admiralty is by these
Proceedings destroyed Root and Branch; for
Execution, being undoubtedly the Life of the
Law, is now as to the Court of Admiralty
utterly taken away, and so of Necessity all the
rest of the Proceedings there become vain and
fruitless; for how dares any Officer execute
any Warrant from the Court of Admiralty,
when it is not pleadable at Law for his Justification, as was resolved in this particular
Case of your Petitioner's; although, at the
Time of the Execution of this Decree, the
Admiralty Court, as was affirmed by all the
then Judges of the Common Law under their
Hands, had full Jurisdiction in all Manner of
such Causes? And yet now your poor Petitioner, being ignorant of the Law, must be
punished and undone, for not being wiser, and
having more Knowledge in the Law, than all
the Judges of the Kingdom; and pursuing
their Opinions, according to his Oath. And
most humbly beseecheth your Honours, that
his Case aforesaid may be recommended from
this Committee to the House of Lords, before
whom it now depends by Writ of Error, that
the Equity of his Case may there be first
taken into Consideration, and the Matter of
the Error until then suspended; and that your
Petitioner, being also sued for selling a Ship,
called The John Baptist, by an Order of the
House of Lords, may by their Lordships be
protected from all Actions brought or to be
brought against him, as Marshal of the Admiralty, until the Jurisdiction of that Court
may be by the Parliament fully understood
"And your Petitioner shall pray, &c."