Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 21 Januarii.
Earl of Manchester is appointed Speaker for this Day.
Mr. Mynn and Sir Richard Yonge, concerning the Office of Clerk of the Hanaper.
This Day Counsel on both Sides was heard, concerning the Difference between Mr. George Mynn and Sir Ric'd Yonge.
The Case was this: "Mr. Mynn being put out of the Office of the Hamper, by an illegal Sentence in the Star chamber, and Sir Ric'd Younge was put into the said Place: Upon this, the said Mr. Mynn brought his Action of Assize in the King's Bench, for recovering of his Right in that Office; but Sir Ric'd Younge, upon Petition to this House, desires he might have the Benefit of his Privilege of Parliament, as being the King's Servant in Ordinary, and desired to stop the said Proceedings; and then, upon the Petition of Mr. Mynn, this House Ordered, to hear Counsel why Sir Ric'd Younge should not have Privilege of Parliament."
Mr. Hayle, Counsel for Mr. Mynn, said, "That no Man could have Privilege of Parliament in an Action of Assize:
"1. Because a Writ of Assize is a Writ for Possession of a Freehold and Damages; and the Subject hath no other Way to recover it but by that Writ.
"2. 'Tis festinum Remedium, which admits of no Delay; therefore ought not to be stopped.
"3. That the Privilege of no Court extends to an Action of Assize, being a real Action.
"4. The Privilege of Parliament extends not to Servants, that they may not be impleaded.
"They may be impleaded, but not arrested.
"The Privilege of a menial Servant of the King's and of a Lord is the same.
"8 E. II. Close Roll. Memb. 37. Hill. Ter. 12 E. IV. Rot. 7 & 10. A Judgment in the Exchequer."
Mr. Maynard, Counsel with Sir Ric'd Younge, said,
"That the Question is only, whether the Assize shall be proceeded in; not whether a Writ of Assize shall be brought.
"Broxton's Case, in 1° Eliz.; in this very Case, Privilege of Parliament was allowed.
"Though it be festinum Remedium, yet it must not take away a Right of Privilege, which is a Thing of Necessity."
After Counsel on both Sides were heard, they were commanded to withdraw; and the House took the Cause into Consideration, whether Sir Ric'd Younge shall have his Privilege of Parliament, as the King's Servant in Ordinary.
And, after much Debate, it was Ordered, To be referred unto the Committee of Privileges, who are to meet on Monday next, in the Afternoon, to consider whether any are to plead their Privilege of Parliament, but such as are Members or Assistants of Parliament.
A Servant of the Chancellor of the Dutchy, a Pass to Oxford.
Ordered, That a Servant of the Chancellor of the Dutchy shall have a Pass, to go to Oxford, to dispatch some Business there concerning the Dutchy Court.
Le Grand and Deformeaux.
Upon the Petition of Ric'd Le Grand, concerning the Cause between (fn. 1) him and Desermeaux; it is Ordered, That the Earls of Holland, Warwick, and the Lord Bruce, shall be hereby appointed to peruse and examine the several Proceedings as hath been in this Cause, and hear the Parties on both Sides, and to report the same to this House. To meet on Monday next, in the Afternoon; and Parties on both Sides to have Notice thereof.
Mrs. Blake versus Rolfe.
Upon reading the Petition of Anne Blake, Wife of Wm. Blake; it is Ordered, That the said Cause shall be heard by this House on Thursday next come Month, at this Bar, by Counsel on both Sides; and that the Money of the Arrears shall be deposited and kept in the Hands of Mr. Reade, until this House shall give further Directions for disposing of the same.
Message from the H. C. for a Conference, about the Propositions to the King;
A Message was brought from the House of Commons, by Mr. Michaell Oulsworth:
To desire a present Free Conference, touching the last Conference concerning the Propositions to be presented to the King.
Ordered, To give a Conference, this Afternoon, at Two of the Clock.
and for Concurrence in an Order about the Term.
2. To desire their Lordships Concurrence in an Order concerning the Term, which was as followeth:
The House, making some Alterations in this Ordinance, returned this Answer:
That their Lordships will send an Answer by Messengers of their own; and that their Lordships will give a Conference this Afternoon, at Two of the Clock, in the Painted Chamber.
Ordered, That this House agrees with the House of Commons in the Ordinance now brought, leaving out certain Words in it.
Sent to the H. C. that it may be printed.
The said Ordinance was sent down by Sir Rob't Rich and Mr. Page:
To desire to join with this House, that it may be printed.
Mrs. Blake versus Rolfe.
"To the Right Honourable the Lords assembled in the High Court of Parliament.
"The humble Petition of Anne Blake, Wife of Wm. Blake;
"That Sir Wm. Blake and Wm. Rolfe being much indebted, and the Petitioner's Father, Thomas Hawker Esquire, being seized of the Manor of Heitesbury, in Com. Wilts, worth Twelve Thousand Pounds to be sold, the said Rolfe procured and prosecuted a Treaty of Marriage, between the said Wm. Blake, Son of the said Sir Wm. Blake, and your Petitioner: Upon that Treaty, it was agreed, by Articles subscribed in Writing; videlicet, That the said Tho. Hawker should assure the said Manor on Wm. Blake and his Heirs, charged with Two Hundred and Forty Pounds per Annum to the Lady Gayes; and One Hundred and Fifty Pounds to the Petitioner's Father and Mother, for their Lives; and Sir Wm. Blake was to retain Three Thousand Pounds as the Petitioner's Marriage Portion, and to assure a Jointure of Three Hundred Pounds per Annum to the Petitioner, and to pay to the Petitioner's Father's Use Five Thousand Five Hundred Pounds.
"That, the better to draw on the said Match, Rolfe affirmed he would do great Matters for the said Wm. Blake, being his next Kinsman; and that Sir Wm. Blake should settle his Lands, valued at Seven Hundred Pounds per Annum, or the Office called The Fine Office, on his said Son's Choice; and the said Wm. Blake the Son (being before hand so instructed) chose the said Office, the Lands being of far greater Value; and your Petitioner's Friends were made also to believe, that the said Manor of Heitesbury should be left to descend, which was a great Inducement to the Petitioner's Father to proceed.
"That, the Marriage proceeding, a Jointure was assured, but fraudulently incumbered with divers Leases, contrary to the Articles, many whereof were ante-dated; and to which Fraud the said Rolfe was privy, and a Party, and practised therein.
"That, by underhand Agreement between him and Sir Wm. Blake, the said Manor was designed to pay Rolfe's Debts and Engagements, partly his own, and partly as Surety for Sir Wm. Blake's; and, pretending only to be but a Trustee, by that Pretence his Name was inserted as a joint Purchaser of the said Manor with Sir Wm. Blake.
"The Agreement on the said Marriage being, that the said Annuities were to be discharged by Sir Wm. Blake, and the Office settled free, yet, by Practice of Rolfe and Sir Wm. Blake and his Son (over-awed by Fear of his Father, and won by Flattery of Rolfe), the said Office was, Four Months after the Marriage, assigned to the said Rolfe, Ralfe Masey, and Hugh Audley, on Trust, to pay these Annuities, and charged also with One Hundred and Fifty Pounds more to the Lady Blake, contrary to all Equity and Agreement.
"Also they got your Petitioner (by much Importunity) to sell the greatest Part of her Jointure, on Pretence to give her Recompence for it, wherein your Petitioner was extremely abused; for whereas, in Part of Recompence, the said Wm. Blake granted One Hundred Pounds per Annum out of the same Office, he had made a former Assignment thereof as aforesaid, Rolfe being a Party to the one, and yet a Witness to and Procuree of the other; and the said Rolfe also, pretending to increase and amend the Petitioner's Jointure, assigned to the Petitioner's Friends some of the same Lands which were formerly conveyed her, whereby it appeared he had been a Means to deceive her at first; and the said Rolfe further assigned to the Petitioner's Use a House in Fleetestreete, formerly mortgaged by himself.
"That Rolfe, having thus deceived the Petitioner and her Husband, preferred a Bill in Chancery, grounded on the said former Assignment of 2 Car. to which the Petitioner and her said Husband severally pleaded the Statute of 5 Ed. VI.; it appearing, by the said Bill and Assignment, that the same is void in Law, and contrary to the said Statute, being made for Money.
"The Petitioner's Husband, seeing how much the (fn. 2) Petitioner was wronged, 11 Maii, 13° Caroli, assigned the Office in Trust for Maintenance of the Petitioner and her Children, who have no other Relief in the World.
"21 Februarii, 17° Car. the Lord Keeper (assisted with several Reverend Judges) left the Cause to the Hearing of the Honourable Court of Parliament, as most proper for that great Judgement.
"That yet, since, the said Rolfe, to prevent the Examination of the Frauds, and the Judgement of this Great Court, hath inveigled the Petitioner's Husband, and got him to consent to an Order in Chancery, whereby the said fraudulent Assignment is confirmed, and the Arrears of the Office (sequestered in the Hands of Mr. Read) should be paid to Rolfe; and so the Petitioner and her Children like to be undone utterly, and the Conveyance made by her Husband frustrated by his own Act, without the Consent of the Petitioner, or her Friends intrusted.
"The Petitioner humbly desireth that your Lordships would be pleased to hear the said Cause when your Leisure will serve; and that the said Arrears may be paid to her, towards her and her Childrens present Maintenance, according to Equity and her Husband's Grant; or at least kept in Mr. Read's Hands, till your Lordships can make further Order, on hearing on all Parts.
"1. The rather for that, if the same be paid to the said Rolfe, he is never able to make Satisfaction, he having lain long in Prison for Debt; and the said Rolfe hath unduly received Two Thousand Three Hundred and Sixteen Pounds already since the Suit began, for which the Petitioner also prayeth Relief. And your Petitioner shall ever pray.
House adjourned till 2a post meridiem.
Earl of Manchester, Speaker for this Afternoon.
Hooper and Carr, a Pass.
Ordered, That Gedion Hooker and George Carr shall have a Pass, to go to attend on the Prince, at Oxford.
Information of a Troop of Horse of the King's, and a Cornet, being taken.
Thanks to the Ld. General.
This House being informed, "That one Mr. Pickeringe was at the Door, who brought the Letters from the Lord General, to let their Lordships know, that some Forces have taken a Troop of Horse and a Cornet of the King's:" Hereupon this House called the said Mr. Pickeringe in; and the Speaker, by the Directions of the House, told him, "That he should return the Lord General Thanks for his good Service, and Respects to their Lordships; and that he should return the Cornet to the Lord General, and let him know that this House leaves to him how to dispose of the same."
Then this House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons, concerning the Propositions; which being ended, the House was resumed.
Ordered, That this Report of the Conference shall be made on Monday Morning next.
French and Dutch Churches.
The Earl of Northumb. reported, "That the Committee hath heard the Differences between the Consistory of the French and Dutch Churches and the People; and the Articles were perused, wherein it appears that no man can be admitted to be a Preacher in those Churches, but those whom the Consistory think fit and chuse, and the People are only to approve of him: So the Opinion of the Committee is, That a Declaration be made, to confirm their Articles.
"And concerning Mons. De Espaigne, who they complained of, it appeared that he preached but in the House of the Lady Annandale, which was rather an Advantage than any Inconvenience."
Order concerning the French and Dutch Churches.
Hereupon this House Ordered, That there be an Ordinance of Parliament, for settling of the Liberty and Exercise of their Religion and Discipline, as they are used beyond the Seas respectively in the Reformed Churches of their several Nations, which they have hitherto enjoyed, by the Charter of King Edward the Sixth, authorized by His Parliament, and the Favour of all succeeding Princes of the Reformed Religion, Queen Eliz. King James, and His Majesty that now is. In particular,
1. That they may have free Liberty to chuse and ordain their own Ministers, and all other Officers belonging to their Churches, according to their Discipline, as they have done hitherto.
2. That no Member of their Congregations, being under the Censure of their Discipline, by reason of some scandalous Offence committed, be received as a Member of any other Church, without a Certificate from his own Church.
3. That no Church, or Congregation, of Foreigners be authorized in this Realm, who are not subject respectively to the Synods of their several Nations.
Tuck, Auditor of the Court of Wards, not to go to Oxford.
Upon reading the Petition of James Tuck, Esquire, One of the Auditors of the Court of Wards and Liveries, "desiring Leave to go to Oxford, to keep the Term there, according to His Majesty's Proclamation:" It is Ordered, That the said James Tucke is hereby commanded not to go, but give his Attendance on his Place at Westm. this Term; and for so doing, this House will save him harmless from what Demnity shall follow.
Message from the H. C. for a Conference, about the Order concerning the Term, and Collectors of the Customs.
A Message was brought from the House of Commons, by Mr. Herbert Morley:
To desire a present Conference, concerning the new Customers, and the Ordinance concerning the next Term.
The Answer returned was:
That this House will give a present Conference, in the Painted Chamber, as is desired.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, this House was resumed.
The Speaker reported the Conference:
"1. That the House of Commons adhere to their own Words, in the Ordinance concerning the Term, brought this Morning."
Agreed to; and Ordered, To be printed and published presently.
"2. They desire their Lordships Concurrence in the Vote and Ordinance following: videlicet,
Collectors of the Customs discharged.
"Resolved, upon the Question,
"That the present Collectors of the Customs shall be now immediately discharged from any further Service in that Employment; and that the Lords Concurrence be desired herein."
Ordered, That this House agrees and joins with the House of Commons in this Vote.
Ordinance concerning the Customs.
Next, was read an Ordinance concerning the Customs. (Here enter it.)
And it was Resolved, upon the Question, nemine contradicente, That this House agrees with the House of Commons in this Ordinance.
Message to the H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
To let them know, that this House agrees with the House of Commons, in the Ordinance for the Customs, now brought up.
Mr. Stone, Surety for Sir Edward Rodney.
Mr. Stone was called in, and asked whether he will be Security for the safe Custody of Sir Edward Rodney, that he shall be kept at his House, and not be permitted to go abroad, without Leave of this House, upon no Occasion whatsoever, unless it be to go to St. Margerett's Church in Westm. in his Company, and afterwards presently return Home: And the said Mr. Stone being willing to come Security upon these Conditions, he entered into the Recognizance following: videlicet,
Edwardus Stone, de Westm. Armiger, recognovit se debere Domino Regi Tres Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis.
The Condition of the abovesaid Recognizance is, That, if the said Edward Stone shall keep Sir Edward Rodney Knight, impeached before the Lords in Parliament of High Treason by the House of Commons, as his true Prisoner, in his House in Kinges-streat, in Westm. and shall not permit him to go abroad to any Place, upon any Occasion whatsoever, without Leave of this House, but only to St. Margarett's Church in Westm. and that in his Company, and to return home with him back to his said House as soon as Church is done, that then this Recognizance to be void; or else to remain and be in full Force and Virtue.
"Die Sabbati, 21 Januarii, 1642.
Ordinance against removing the Term to Oxford.
"The Lords and Commons, having taken into their serious Consideration a Proclamation dated at Oxon, the 27th of December last, for the adjourning of the Court of Chancery, the Court of Wards and Liveries, the Dutchy of Lancaster, the Court of Requests, the Receipt of His Majesty's Exchequer, and of the First Fruits and Tenths, from the City of Westm'r, unto the City of Oxon, and for adjourning the Courts of King's Bench, Common Pleas, and Exchequer, unto the Return Crastino Purificationis, found it to tend much to the Prejudice of the Commonwealth, to remove the said Courts and Receipts to Oxon, where the Body of an Army, raised against the Parliament and the Authority thereof, now resides; and therefore, in Performance of their Duty, and Trust reposed in them by the Kingdom whom they represent, did exhibit their humble Advice and Petition to His Majesty, with the Reasons inducing them thereunto, to revoke the said Proclamation, and with all Humility desire that the said Courts and Receipts might be kept at their several usual Places and Times, and not at Oxon. But His Majesty, giving still more Credit to the Suggestions of those wicked and malignant Persons that yet encompass Him than to His Highest and most Faithful Counsel, returned His Negative Answer, and expressly denied to repeal His Proclamation: Now the Lords and Commons, clearly discovering the great Inconveniency and Mischiefs that necessarily must happen to His Majesty's most faithful and bestaffected Subjects, in Case those Courts and Receipts be removed to Oxon, where such of them (fn. 3) as have Occasion to attend, cannot with any Safety to their Persons or Estates repair, His Majesty having in Effect declared all Persons that have contributed any Thing in Aid or Defence of the Parliament and the Privileges thereof to be guilty of High Treason; and, in Pursuance thereof, by the Force and Power of the Army there remaining, have seized upon many of their Persons, where they are detained Prisoners, and some proceeded against as Traitors, having nothing laid to their Charge but their assisting the Parliament, and opposing that Army raised to destroy it and the Kingdom; and finding that divers, both Judges and others, whose Attendance upon the said Courts and Receipts will be necessary, consist of Persons that are Members and Assistants to both Houses of Parliament, whose Presence at this Time cannot be spared; and that, if the Records necessary to be used in the said Courts should be removed from the usual Places towards Oxon, in a Time when Two Armies are residing near thereabouts, it would endanger the Miscarriage of them, which might ruin many of His Majesty's Subjects, whose Estates depend thereupon; and that so long a Distance between the said Courts of Law and Equity, which have necessary Dependance one upon another, would prove exceeding prejudicial to many; thought it their Duty, in Discharge of the Trust reposed in them by the Commonwealth, as much as in them lieth, to prevent the said Inconveniencies; and therefore do hereby Declare and Order, That no Judge, Minister, or other Person belonging to any of the said Courts or Receipts, shall repair to the said City of Oxon, or do or execute any Thing belonging to their said Offices and Employments, but in the Places usual for the doing and executing thereof; and that no Member of, or Assistant to, any of the Two Houses of Parliament, that have any Place, Office, or Employment, about any of the said Courts or Receipts, shall presume to depart from their Attendance upon the Parliament, without the special Leave of that House whereof they are Members or Assistants; and that no Person shall remove, or cause to be removed, any Records or Writings of any the said Courts or Receipts, to or towards the City of Oxon: And the Lords and Commons do Declare, That, if any Person shall disobey this Order, they will proceed against them as willful Contemners of the Authority of Parliament, and Disturbers of the Peace of the Kingdom: And it is further Declared and Ordered, by the said Lords and Commons, That no Judgement, Decree, Order, and Proceedings whatsoever, that shall be given, made, or had, by or in any of the said Courts or Receipts, out of the usual Places where the said Courts and Receipts have been accustomed to be held and kept, shall bind any Person that shall or may be concerned therein, without his own voluntary Consent; and that the said Lords and Commons will, by the Authority of both Houses of Parliament, protect and keep indemnified all Judges, Officers, and other Persons, from any Danger or Inconvenience that may or can happen to them, for yielding Obedience to this Ordinance."
Ordinance concerning the Customs.
"Whereas there is an Ordinance of both Houses of this present Parliament, intituled, An Ordinance of Parliament concerning the Subsidy of Tonnage and Poundage, which doth expire the First Day of March next ensuing; and whereas also several Fleets of Ships are now preparing to be set forth to the Seas, with all Expedition, for the Guarding of the Narrow Seas, and necessary Defence of this Realm, and other His Majesty's Dominions, in this Time of imminent Danger, and great Sums of Money are still owing for the Affairs of the Navy; all which cannot be supplied and provided for, but out of the Collections of Duties arising on Goods and Merchandize exported out of and imported into this Kingdom.
"Be it therefore Ordained, That the said Ordinance concerning the Subsidy of Tonnage and Poundage do stand and continue in full Force and Power, from the Time of the said Ordinance expiring, until the Twenty-sixth of March, which shall be in the Year of our Lord 1644; and that Thomas Andrewes, John Fowke, Richard Chambers, Aldermen of the City of London, William Barkely, Morris Tompson, Francis Allen, James Russell, and Stephen Estwick, Merchants, shall be Commissioners and Collectors, who are enabled by this Ordinance to receive all such Sums of Money which shall at any Time hereafter be paid for Customs, or advanced by Way of Loan, or otherwise, for and in respect of Goods and Merchandize exported out of and imported into the Port of London, and all other Ports within the Realm of England and Dominion of Wales, and the Town of Barwick, in such Manner as the Duties of Tonnage and Poundage have been formerly received by the late Commissioners of the Customs; which said Commissioners, their Deputy or Deputies, or any One of them, shall have full Power and Authority to give Allowance, by Way of Defalcation, after the Rate of Fifteen per Cent. out of all such Monies as shall be advanced, according to the true Intent of the aforesaid Ordinance: All which Monies the said Commissioners, their Deputy or Deputies, shall receive upon Accompt; and shall from Time to Time issue out the same, as they, the said Commissioners, shall be authorized by Order of the Lords and Commons in Parliament, or by Order of the Committee of the Navy of the Commons House of Parliament, for the Use of the Navy and the Fleet now at Sea, or hereafter to be employed, by Authority of both Houses of Parliament, for the Guarding of the Seas, and Defence of the Kingdom, and for other necessary Charges, for the managing the Service aforesaid; whose Order, from Time to Time, shall be their sufficient Discharge.
"And, for the better Encouragement of the said Commissioners the Lords and Commons do Ordain, That whatsoever Act or Acts the said Commissioners, their Deputy or Deputies, or any One of them, shall do in the Execution of this Ordinance, and whatsoever Monies they shall receive and issue out by virtue of the same, they, their Heirs, Executors, and Administrators, shall be acquitted, discharged, and kept harmless, from any other or further Question or Accompt whatsoever, than to the said Lords and Commons: And they do further Declare and promise, That, when any Act of Parliament shall be passed for Tonnage and Poundage, Provision shall be made by that Act, for the said Commissioners Indemnity and Security for Performance of the Service aforesaid, and for the Indemnity and Security of all such other Person and Persons as shall be employed therein."