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| Dec. 2. |
64. Petition of Peter de Lisle and Thomasine Preaux, widow,
both of the Island of Guernsey, to the Privy Council. Pray that
their Lordships will refer the matter in controversy between them
and Zachary Roberts to the consideration of the Attorney-General.
The Earl of Danby, Governor of that isle, referred the cause back
to the Court there, but upon the report of their proceedings to the
Council no end of this cause can be had. Subjoined, |
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64. i. Reference to the Attorney-General as desired. Whitehall,
4th November 1631. |
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64. ii. Order by William Noy, the Attorney-General, fixing
St. Andrew's day for the hearing of this cause. 14th
November 1631. |
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64. iii. Report by Attorney-General Noy to the Council. I
desired to hear both parties in this cause, but none appearing for Zachary Roberts, I cannot make such
certificate as I desired. He making default I endeavoured by view of the acts past without hearing any
party to inform myself of the state of the cause, and find
it to stand as herein stated. I am of opinion that it is
not fit that any examinations of exactions not concerning
this cause should be admitted, and that there was no
intention that they should be allowed, and that the parties
should be left to the ordinary justice of the Isle, Bonamy
excluded. 2nd December. [3 pp.] |
Dec. [2].
Whitehall. |
65. Privy Council to the Jurats of Guernsey. A petition has
been presented to the Board in the name of Peter de Lisle and
Thomasine Preaux of the Island of Guernsey, touching a controversy between them and Zachary Roberts; it has been referred
to the Attorney-General, who is of opinion that the case should be
left to the ordinary jurisdiction of the island. [2 pp.] |
| Dec. 16. |
66. Petition of Walter Walker, LL.B., to Sir Thomas Richardson,
Chief Justice, and Sir William Jones, one of the Justices of the
King's Bench. That the Bishop [Williams] of Lincoln did by
Letters Patent dated 10th January 1630[1] grant to petitioner
for term of his life the office of Commissary within the archdeaconry
of Leicester; likewise that the Archdeacon of Leicester granted to
him the office of Official of the same; both which grants were
confirmed by the Dean and Chapter, so that he was seised thereof
as of his freehold for life. That afterwards petitioner being disturbed in those offices by Sir John Lambe, he brought an action
in the King's Bench against Lambe, and upon the trial a special
verdict was given which was drawn up and argued on the part of
petitioner; but at the motion of the Solicitor-General [Sir Richard
Sheldon] for Lambe the hearing was ordered by the Court to stand
over and be the first cause on the first Thursday the next Term, as
by the subjoined rule appears. So soon as Lambe had got that
rule he proceeded with a cause in the Court of Delegates against
petitioner, questioning his right to those offices, where, although
petitioner pleaded that all pleas of office for life and all freeholds
were triable solely and only at the common law and not before the
Ecclesiastical Judges, and pleaded also that his grants were for
life and that the cause depended before your Lordships in the
King's Bench, and that a special verdict was given there wherein
the whole cause was found; yet Lambe hath procured Sir N.
Brent, Dr. Barker, and Dr. Wood, the Judges Delegates, to reject
that plea, and since the Term ended in his absence, he being gone
down to Buckden, to give a sentence against petitioner and condemned him in 10l. costs to be paid at Christmas next and to
excommunicate him if they be not then paid. Now for as much as
the Judges [Delegates] had no power to judge this cause, and their
sentence is notoriously against the common law of the land, and for
that Lambe ought not to have proceeded there till judgment be
given in the King's Bench, petitioner beseeches that your Honours
would subscribe this petition and require Lambe and his proctor to
make stay of that sentence and costs and all proceedings in the
Delegates' Court until judgment be given upon the above-said
special verdict, or at least till three or four days in Term, so that
he may have a prohibition upon his case. Subjoined, |
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66. i. Direction by Justices Richardson and Jones. We do not
make any order in this cause because it is out of Term,
but let this petition be showed to Sir John Lambe, upon
whose motion and by whose wilful delays the cause was
stayed from judgment last Term. Therefore we do
advise Lambe to make stay of further proceedings upon
that sentence given by the Delegates, and not to take any
course upon it against petitioner, nor cause any excommunication to go out against him for the 10l. costs till
that Thursday [named] next Term. Otherwise if Lambe
shall in the meantime, notwithstanding this our advice,
proceed upon that sentence, let him then expect as speedy
proceedings against him the next Term as the course of
this Court and justice will admit of; and whereas this
cause is set down to be the first Thursday, let it be upon
the first Tuesday, [being] the second day of Term, the
first cause to be heard, and let Lambe take notice that if
a prohibition be moved for the first day of next Term we
shall be very like to grant it. [Certified a true copy. 1 p.] |
Dec. 16.
Whitehall. |
67. Privy Council to the [Jurats of Jersey], informing them of
the appointment of Sir Thomas Jermyn, Vice-Chamberlain of the
Household, to be Governor of Jersey, his residence in that island
being for the present dispensed with by reason of his necessary
attendance in England. They are further required to see that the
King's revenues be levied as in former times, as well for payment
of the soldiers as for the entertainment of the Governor, in which
the Sheriff and Under-Sheriff are to exercise their office. [Copy.
1½ pp.] |
Dec. 22.
Westminster. |
68. Warrant by the King announcing the appointment of Sir
Thomas Jermyn, Knight, Vice-Chamberlain of the Household, to the
government of the Island of Jersey, and dispensing with his
residence at that place in consideration of his necessary attendance
at Court. [Draft. 1¼ pp.] |
| Dec. 29. |
69. Statement setting forth the claim of the Lord Chief Justice
of the King's Bench, with the reasons subjoined in the form of
allegations, and the answers to each allegation made on the behalf
of Edmund Windham. The paper commences with the answer
given by Sir Nicholas Hyde, late Lord Chief Justice of the King's
Bench, to the effect of Mr. Windham's petition. The Statute of
27th Elizabeth, cap. 8, appoints that a judgment given in the
King's Bench in several actions therein expressed, the party may
sue a writ of error directed to the Chief Justice commanding him
to cause the record to be brought before the Justices of the Common
Pleas and Barons of the Exchequer into the Exchequer Chamber,
there to be examined, and by force thereof the Chief Justice doth
certify the record accordingly, and he is the officer sworn for that
purpose, and the oath which he takes as Chief Justice binds him to
execute this service as part of his office of Chief Justice. This is
followed by the answer on behalf of Mr. Windham, which concludes
thus:—And thereupon, notwithstanding neither the Lord Chancellor
nor Lord Treasurer have any fee, nor [do they] appoint clerk or
ministerial officer for business of those errors; but for execution
[of] the service through all ministerial Acts, a sworn officer lawfully
instituted and invested hath ever performed those ministerial
businesses for the merited fees, which so is meet and convenient
herein. [1 p.] Subjoined, |
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69. i. Reasons why the office of Clerk for the Errors in the
Exchequer Chamber upon the Statute of 27th Elizabeth
doth belong to the judges of the Court of Common Pleas
and to the Barons of the Exchequer. These reasons are
formulated as eight allegations, each of which is followed
by an answer on the behalf of Mr. Windham. The last
answer states:—This is conceived to be a most powerful
instance and reason against the claim of the Justices of
the Commom Pleas and Barons of the Exchequer, who by
their fourth allegation set forth that the Statute of 27th
Elizabeth hath made them judges for the said errors
therein mentioned for the like purpose and no other
than is mentioned herein. The Lord Chancellor, Lord
Treasurer, and other Judges in the Exchequer hitherto
never claimed to have or make their clerk for executing
of any of the ministerial Acts thereupon before them as
the Judges and Barons of the Exchequer do now pretend
to have. |
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Underwritten,—Agreed to this 29th day of December
by me Edmund Windham. [2 pp.] |
| Dec. 19. |
70. First portion of the preceding paper, containing only the
statement of claim, and endorsed: Copy of Sir Nicholas Hyde's
answer to the effect of Mr. Windhams's petition, 9th June 1631.
[Copy. ½ p.] |
| Dec. 30. |
71. Petition of John Blanche of Guernsey to the Privy Council.
Shows that the unjust sentence given against him by the Bailiff and
Jurats has been found erroneous by Dr. Rives as certified. Prays
that his great costs and charges in the above matter be allowed
him. Underwritten, |
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71. i. Memorandum by Sir William Becher, Clerk of the
Council, that the Lords think fit that Sir Abraham
Williams shall see this petition and the report annexed,
to make answer thereto before any further order be given
therein. Whitehall, 30th December 1631. [1 p.] |
| [Dec.] |
72. Attorney-General Noy to Thomas Meautys, Clerk of the
Council. I have examined the Sheriff of Bristol and the Steward
of the Tolsey Court, the serjeant who arrested [John] Wragg,
messenger [of the Chamber] and the clerk of the Court, and know
no more to charge them withall than what is contained in their
examinations which I send you. I have not yet done with Rosewell,
the gaoler who kept [Wragg] the messenger without fire or candles.
[¼ p.] |
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73. Names and particulars of such of the chief pursuivants as
have been punished for their infamous actions and misdemeanours,
[probably appended to the first petition to the King from the
Roman Catholics, his loyal subjects, see Vol. CXCVII., No. 60]. The
names of the pursuivants herein mentioned are Humphrey Crosse,
Benny Wrag, Mayo, (who procured a warrant to search Catholics'
houses, which was afterwards taken from him for his misdemeanour
towards Lady Dormer, mother to the Earl of Carnarvon) [cr. in
1628], Newton, Dale, Waynwright, Griffin, (he became pander to
that notorious and infamous woman Amy Holland), John Gray,
Cock, Wadesworth, and Claxton. All the rest of them are known
to be men of the basest condition, and live by sharking and
oppressing your Majesty's subjects under colour of these commissions and your service. [2⅓ pp.] |
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74. Information certified by Peter Winder, dwelling in Holborn
near the Heather Tavern, against the pursuivants, Newton, Mayo,
Gray, Cock, and Cooke. [1 p.] |
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75. List of the fees directed by Mr. Hastings to be received by
his clerk Anthony Wilson from all Clerks in Holy Orders, for every
presentation, advowson, donation, grant, and collation to any rectory,
parish church, chapel [of ease], prebend, canonry, deanery, archdeaconry, subdeanery, hospital, or for any confirmation of a
presentation, or for any revocation of any presentation, or for any
lecture as Greek [or] Hebrew professor, in Cambridge or Oxford,
or divinity professor, viz. 58s. 8d. Further particulars concerning
the fees to be taken under various circumstances. Searches have
not amounted this last year to 30s. [1½ pp.] |
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76. Brief in the cause of widow Were, relict of Captain Were,
master of the ship "Phœnix," contra Lord Lockinvar and John
Gordon, depending before the Court of Delegates. [4 pp.] |
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77. Petition of Peter Ozanne of Guernsey to the King. Represents that he has been sentenced to banishment for two years
and never to be accepted as a witness in any cause, for having
bought some goods of the value of 5s. or 6s. not knowing them to
have been stolen. Pays that the rigour of his sentence may be
remitted by His Majesty's pleasure signified to the Bailiffs and
Jurats of that Isle. |
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Dorso: Brought from His Majesty by Sir Henry Palmer. [1 p.] |
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78. Petition of the Lord Mayor and Commonalty of London, and
the masters and wardens of the several companies of the said City
to the Privy Council. They were persuaded by the late King and
the Council to undertake a plantation in Ireland, wherein they were
to expend but 20,000l., and for their encouragement had granted to
them divers lands, fishings, and immunities. They have expended
over 100,000l., have lately contracted for the building of a church
in Londonderry which will cost about 4,000l., and have brought
that country, of all other parts of that kingdom the most barbarous,
to be one of the most civilized places thereof. Yet their fishings
are intruded upon, divers offices granted them by the late King
taken from them, many patents of privileges excercised in their
plantations contrary to their grant, and their tenants more burdened
with payment of soldiers than any others. In 1625, by the
suggestion of one Sir Thomas Phillips, seeking to raise his fortunes
in their plantations, their rents were sequestered, whereby they
have lost above 4,000l., and last year upon pretence that they had
not performed their contract, he procured a commission to divers
lords to examine his complaints (see Vol. CLXXII., No. 72).
Petitioners cleared themselves so fully that the Council wrote to
the Lord Deputy to take off the sequestration, whereon Sir Thomas
obtained a commission of enquiry to divers gentlemen in Ireland,
which is vehemently prosecuted by him and persons ill-affected to
the City of London. And although the Commissioners have not, so
far as petitioners know, returned any certificate, yet their rents
are again sequestered by order of the Lord Deputy, and power
given to distrain on their tenants' goods. Pray that that the
commission may be revoked, and their rights restored to them.
[¾ p.] |
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79. The same to the same. In July last, as also formerly, they
petitioned the Council to accept their answers to certain articles
sent by their Lordships to the Society of the Governors and
Assistants of London of the new plantation in Ulster, and also to
remit the sequestration of their rents and the employment of Sir
Thomas Phillips, and to vouchsafe orders that they might enjoy the
benefit of their contract and His Majesty's grant. Their Lordships
ordered the Attorney and Solicitor General to examine the objections
against petitioners and their answers, which they have done; and
also referred the petition then exhibited to the Attorney-General,
who has now made his report. Again beg for remittance of the
sequestration and of the employment of Sir Thomas Phillips.
[1 p.] |
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80. Petition of William Hodges to the King. Is a penitent man,
sometime of Oxford, under the fatherly government of the
honourable Chancellor, His Majesty's vice-gerent there. Begs to
be given back to the right reverend father, who by influence of His
Majesty's clemency may own the distressed suppliant as a member
of Oxford once again. Endorsed, "Arminianisme." [½ p. See
Vol. CXCVIII., Nos. 57, 58.] |
| [1631 ?] |
81. Petition of Robert Acham, Thomas Wayte, William Truningham, and other inhabitants of Fishlake and Sikehouse, co. York, to
the Privy Council. On complaint against Sir Cornelius Vermuyden,
Sir Philibert Vernatti and their participants for loss sustained by
reason of their not perfecting the drainage works at Hatfield Chase,
their Lordships gave order in February last that petitioners should
have recompense from the said undertakers, and that for proof of
their damages they should exhibit bills before the Vice-President and
Council at York, the defendants to appear and make answer within
20 days after notice, or be sent thither in custody of a messenger.
Before the 10th of June last, petitioners exhibited several bills
against Sir Cornelius Vermuyden, Sir Philibert Vernatti, Sir James
Campbell, Sir John Ogle and sixteen other participants, and gave
them notice of the filing thereof. Sir Cornelius and three others
appeared and procured commissions to take their respective answers
to all the said suits, and return the 24th of August last, but have
returned no answers, and none of the other defendants except
Samuel Vanpaine have appeared or answered. Being utterly
ruined in estate, petitioners beg that the order of February last may
be put in execution, that the parties may be sent to York in charge
of a messenger, and that petitioners may proceed to proof of their
losses. [1 p.] |
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82. Petition of Nicholas le Beyr of Guernsey to the King.
Was authorised by William le Breton and others, in June 1622,
to prosecute the recovery of their right in a common in that
island, and for satisfaction of his charges in the business had an
order from the Court there for 360 livres tournois, whereof William
Le Breton was to pay 31 livres. Has sued William, his son and
heir, who, instead of paying, accused petitioner of perjury, but
he was freed, and Breton imprisoned and punished for his false
accusation. Breton has since appealed to the Council, and upon
some reference and report obtained 30 livres costs against petitioner,
which has been paid, yet he still continues his unjust proceedings.
Begs reference to the Lord Privy Seal. [¾ p.] |
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83. Petition of Edmund Bradshaw, plaintiff in the Court of
Star-chamber against Sir John Price and others, to the Council.
Five years ago petitioner exhibited a complaint against Sir John
Price in the Star-chamber and obtained a warrant for his apprehension, but Sir John fled beyond seas. He has now employed
one Newton to sue out his pardon, which said Newton has spread
injurious reports that petitioner had boasted of his intimacy with
Lady Price, for which reason Sir John had left the kingdom.
Petitioner disclaims to have made or had occasion to make any
such allegations, and begs that Newton may be ordered to procure
Sir John's appearance, and that meanwhile his pardon may not
pass the Great Seal. [1 p. See Vol. CCV., No. 59.] |
|
84. Petition of John Browne, the King's gunfounder, to the
same. His Majesty, for the preservation of the sole making of
iron ordnance and shot within his kingdom, prohibited the departure of all men versed in that mystery, as a thing of great
consequence and not fit to be imparted to any other nation, but
one Nathaniel Edwards, by cover of a warrant from the King, has
enticed away divers of petitioner's workmen to go beyond seas in
discovery of the said mystery to other nations. Begs a warrant
for the taking of the said Edwards and enjoining him to produce
the men enticed away, a hearing for his cause, and also that some
course may be taken for the amendment of the highways, hitherto
kept in order for the passage of ordnance and shot for the kingdom's
service. [1 p.] |
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85. Petition of John King, master of the "Christopher and
Mary," of London, to the same. Was hired in October last by
Samuel Vassall, Peter Andrews, and other merchants of London,
to go to Virginia, and was promised 90l.; but on his return was
constrained to take tobacco instead, which has been lying ever
since at the custom house, as he has not money to pay the duties.
As their Lordships lately ordered that the customs should be
abated, and as the tobacco is spoilt by having lain so long, he begs
that it may be passed free of duty. [¾ p.] |
|
86. Petition of Walter Morrell of Hatfield to the King. Petitioned
the late King with a proposition of his own, for perfecting whereof
Commissioners were appointed, including most of the Lords of the
Council, divers knights, and the chief customers and clothiers of
the kingdom. He attended the Commissioners three years, and
the matter passed both the late King's and his present Majesty's
signature, but has not yet been put into execution. Begs for
reference to the Lord Keeper, the Lord Treasurer, the Earl of
Dorset and Viscount Dorchester. [1 p.] Annexed, |
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86. i. An explanation of the purport of the instrument, viz.,
to give each county a Corporation to enable them to
govern and establish manufactures and other weighty
business, for the increase of trade, the hindrance
of exports hurtful to His Majesty's subjects, and the
establishment of loving societies among the same. In
the late King's reign, many propositions were made
for the public welfare, but impediments have now rather
increased than decreased, as appears by the several proclamations for the employment of the poor, preventing
transportation of wool and corn, suppressing of drunkenness, and distribution of corn in this time of scarcity.
[2 pp.] |
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86. ii. Material heads for the scope of the instrument, viz.:
to provide employment for the poor; to improve the value
of wools in the manufacture of draperies; to establish
corporations in the counties for the increase of clothing
and providing labour for the poor; to maintain manufactures in a loyal manner, preventing merchants from
trading in foreign parts, to the yearly loss of His
Majesty's customs; to give the gentry and farmers quicker
sale for their wool, and merchants a more plentiful supply
of manufactures; to provide a source for improving
pious donations to charitable objects; and to settle not
only the above manufactures, but any other trade.
[1 p.] |
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86. iii. The effect of a bill containing a grant from His Majesty
to erect a corporation in co. Essex, with directions thereunto annexed for ordering the manufacture of drapery,
allowed by the Privy Council. [1 p. See Vol. CCIV.,
No. 22.] |
|
87. Petition of Stephen Rehbrooke [Raybrooke ?] and Robert
Broome, on behalf of themselves and other poor inhabitants of
Colchester, to the Privy Council. By letters in May last, their
Lordships appointed John Morton, Robert Caylcote, William Mott,
John Eldred, John Marshall, Henry Barrington, John Langley,
Robert Buckston, Thomas Reynolds, Edmond Thirston, Samuel
Mott, and John Cox, or any six of them, to take such course for
raising the wages of the poor as was taken at Sudbury. The said
persons have found by experience that the raising of the wages
cannot advance the relief of the poor, but will prove inconvenient,
for that they will not be set on so much work as if the wages were
at the usual rate. Beg that the above-mentioned persons may be
nominated to the Lord Keeper, and a commission issued to them
to execute the King's orders in the business. [½ p.] |
|
88. Petition on behalf of Zachary Roberts of Guernsey to the
same. Petitioner has long been molested in a tedious suit, as
appears by his former petition, on which their Lordships granted
the annexed letter [missing]. This petition he is ready to justify
when his witnesses are examined, but, as he is now absent, it is
prayed that the adverse parties may be stayed until their Lordships'
letter is put in execution. [1 p.] |
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89. Petition of Zachary Roberts, of Guernsey, to the same.
Prays that in the cause depending on appeal between himself and
Peter de Lisle, jurat, and Thomasa de Preaux, widow, their
Lordships would order the witnesses to be duly examined, and
also that the said De Lisle should make use of no other writings
against petitioner but the original bills or bonds pretended to be
due. [¾ p.] |
|
90. Petition of Captain Andrew Westcott to the Archbishop of
Canterbury, the Lord Chamberlain, the Earl of Arundel, Lord
Carew, and the Master of the Rolls. Has followed a suit to them
for three years and more, which, with what he has spent, the
money lent in the King's service, his loss to the Hollanders, and
the loss of his lieutenantship, whereof the Lord Deputy of Ireland
deprived him in his absence, has cost him almost 500l., being all
the means he had to maintain himself and his family. Begs relief
from the moneys received by the Lord Primate of Ireland from the
recusants, or out of the revenues of Ireland. [1 p.] |
