Petitions to the House of Lords: 1620

Petitions to the House of Lords, 1597-1696.

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Mary Sole. HL/PO/JO/10/1/13 (1620)

To the Highe and Mightie Prince Charles

The humble peticon of Mary Sole

May itt please your Highnes that whearas your distressed petitioner preferred her peticion to your Excellency of forgery as wronges proved against your Highenes and your Fathers right therby impeached which peticion your Highnes delivered to your Clerke and not read.

May itt therfore stand good that your Highenes may please to commaunde that the same may be read: and for that itt concerneth the equitie of your Highenes and your fathers title, to give order to some committee to discover unjust and deceiptfull proceadings: that therby your Highenes and his Majesties right may be maintayned and your poore petitioner releeved.

And your poore petitioner will praie for your Highenes long and prosperous life.

Anne Babington alias Leicester, prisoner in the Fleet. HL/PO/JO/10/13/5 (1620)

To the honorable assemblie of the Commons howse of Parliament.

The humble petition of Anne Babington alias Leicester, prisoner in the Fleete.

The petitioner showeth:

That whereas Ury Babington, marchaunt and citizen of London deceassed, late husband to the peticoner was by the late Queene Elizabeth of famous memory and sithence by his Majestie that now is imployed and put in trust together with one Robert Bromley citizen and draper of London, for the furnishing of soldiers in the realme of Ireland and Lowe Countries with aparell and other necessaries thereunto belonging. Which imployment and trust so contynued untill the decease of the peticioners said husband who died in February 3 Jacobus Regis leaving the peticioner executrix of his last will and testament.

Shortlie after which tyme divers differences in partable accomptes touching the said imployment growing betwene the peticioner and the said Bromley, It pleased the right honorable Thomas Earle of Dorset Lord Treasurer of England to direct his lettre to Sir George Rivers knight, Thomas Watson, esquire, John Binglie, and Charles Huett gentlemen, to heare, examine and determine the said accomptes and differences to which purpose either partie interchaungeablie gave bond to other in 10000li. for performance of such award as by the said arbitrators should be given upp thereuppon betwixt them, who in abuse to the peticioner, and in favor to the said Bromley awarded the peticioner to paie to the said Bromley 3510li. 16s. which they in their said award pretended grewe due to the said Bromley uppon the foote of the said partable accomptes betwixt them. and allso unjustlie awarded the peticion to paie divers great summes of money to divers persons which were no parties to the said award (as namelie to one George Anglesey 700li) with other unjust and inconvenient matters not to be by her without much prejudice performed, as by the said award more playnly appeareth. But the said Bromley howbeit the peticioner was much abused by the said award, not satisfied therewith, refused to performe the said award in all pointes which tended to the benefite of the peticoner, being thereunto laboured by the said Anglesey, Who having received the said 700li.and for that the peticioner would not yeilde to give him 700li. more, which (notwithstanding the said indirect awarde hee would have extorted from her, hee having beene servaunt to her late husbande whose accomptes hee kepte, threatned to be revenged on her for denying his said demaund, and thereuppon combined with the said Bromley and one sir John Laurence, for guiftes and rewardes given and to be given unto him and others confederates therein, to procure a reviewe (notwith standing the said award) of the said partable accomptes, in and by which hee together with the said confederates would fynde and prove a farr greater summe to be owing unto the said Bromley, then was awarded as aforesaid, and thereuppon shortlie after, without the privity or consente of the peticioner, a reviewe of the said partable accomptes was procured to John Byngley and Thomas Watson esquiers, two of the said former arbitrators and twoe others, who in further abuse to the peticioner by the practise of the said Anglesey and other the said confederates, found the peticioner to be indebted to the said Bromley in 7010li.

Whereuppon the said Bromley deceiptfully contriving (having by this reviewe waived the said former award) how hee might make the said 7010li. 16s a sure debt, it being but uppon accomptes and imaiginary debtes which the peticioner as executrix was not at Common lawe liable to paye him the same, did thereuppon wittinglie and coninglie, by the combinacion of Sir John Laurence knight, suffer himselfe to be outlawed after judgement at the sute of one Cecillie Cioll, for 150li.debt, and presentlie thereuponn procured the said Sir John Laurence and others to beg of his Majesty (under cullor that the said Bromlie who maried the said Sir John Laurence his mother was indebted in 1200li. to him the said Sir John Laurence for moneyes by him received to his use in his the said Sir Johns minoritie) the benifite of all the said Bromleyes estate accrewing to his Majesty by vertue of the said outlawrie which was by the said Sir John and others 7 Jacobus Regis obteyned as by patent thereof graunted appeareth. By vertue whereof the said Sir John Laurence and other patentees nominated in the same secretlie and without privitie of the peticioner by inquisicion of the said Bromleyes estate uppon the said outlawrie, and by practise of the said Bingley and Watson, Anglesey and other the said confederates who were witnesses produced thereuppon for proving the said partable accomptes soe proved the same that by meanes of their testimonies given therein, the peticioner was by such confederacie and combinacion aforesaid, found to be indebted to the said Bromlie in the said sum of 7010li.

Of which abusive cariage and obtayning of the said second reviewe without privity and consent of the peticioner; the peticioner did thereuppon in [Blank] Terme anno [Blank] Jacobus Regis by English bill complayne in his Majesties Court of Exchequer, where the peticioner by deposicions of witnesses ow worth and creditt, made it appeare that the said Anglesey and others were to have shares out of the said somme for such their testimonies given therein, Whereof the said Court taking notice, and of their corrupte and partiall cariage, 11 February 10 Jacobus ordered that the said first award should stand by eyther party performed; and that the peticioner should bring into the said Courte, that terme, the said 3510li.16s. first awarded to the said Bromlie, or otherwise her said bill to be dismist with costes: and to that ende gave the peticioner day that terme to answeare, whether shee would accepte of the said order, which if shee did, a reviewe should be takenn of the said partable accomptes in which none of the said partiall witnesses nominated in the said order, should be admitted. But the peticioner, knowing her selfe to be much wronged by both the said awardes and witnesses, did thereuppon forbeare payment of the said 3510li. 16s. into the said Courte. for default whereof the peticioner in Trinity Terme 11 Jacobi, was committed to the prisonn of the Fleete.

And afterwardes the said sir John Laurence by vertue of the said patent and outlawrie of 150li. mencioned in the same, and inquisicion thereuppon, obtayned a judgement in the sayd Courte, against the peticioner for 7010li. [illegible] givenn by the said second reviewe of the said arbitrators to the said Bromlie as aforesaid, shorlie after which tyme, ther appearing no lawfull ground for warrant of the said reviewe, the peticioner did thereuppon, and uppon the said former unjust carriage both of the arbitrators and witnesses, peticion the right honorable the lordes of his Majesties privie Councell for releefe therin, who referred the reexaminacion of the said partable accomptes unto the right honorable the now Lord Treasurer of England, this his Majesties serjainte at lawe, Sir Stephen Some, and Sir Thomas Bennett knightes and others, who for that purpose addressed their letters at severall tymes to the said Sir John Laurence, Byngley, Watsonn, and Anglesey, to come before them to give satisfaccion touching the matters referred unto them. Wherein the said Sir John Laurence, Bingley, Watsonn and Anglesey fayling, the said referrees made choice of Francis Phillipps and Roger Mountney, men very skillfull and expert in accomptes to be auditors for the perusing and summing upp of the said partable accomptes, who having spent long tyme, and given many daies to the said Sir John Laurence Bingley, Watsonn and Anglesey to give meeting with their partable accomptes for perfecting of the said differences in accomptes indifferentlie betwixt the peticioner and the said Bromlie, the said Sir John Laurence, Bingley Watson and Anglesey by reasonn of the said judgementes so surrepticiouslie gayned and obtayned for the said 7010li. [illegible] and indirecte and corrupt carriage of the said arbitrators and witnesses as aforesaid therein: who fearing their indirecte practises would be discovered, obstinatelie neglected to meete thereaboutes, as by the certificate of the said Right Honorable the now Lord Tresorer and auditors appeareth, who uppon exacte and deliberate consideracion had and taken of the said former partable accomptes founde the said Bromley indebted to the peticioner in the some of 8559li. 9s. 10d. besides 8940li. in forfaited bondes, as by the said partable accomptes and certificate thereuppon appeareth.

Since which certificate, the peticioner hath likewise procured the said outlawrie of 150li. on which the said patent was grounded, to be reverst and exemplified under seale, which in Trinitie terme 17 Jacobus was by her learned councell showed in the said Court of Exchequer, who according to lawe and equitie praied her enlargement thereupponn. At which tyme Sir Henry Yelverton knight his Majesties then Attorney Generall, declared openlie in the said Court his Majesties expresse commaundement in not taking advantage of outlawries reverst, to the oppression of the subjecte; and did then and theare allso publish that hee would desiste and disclaime from anie further proceedinges thereupponn; as by order of the said Courte annexed appeareth. Whereuppon the Court demanded of Sergeant Chibborne, then of councell with the said Sir John Laurence, whether he would alledge anie further matter eyther in lawe or whie the peticioner should not thereon be inlarged, Who aunswered hee could not. But the said Sir John Laurence being then present in Courte, and not satisfied with oppressing the peticioner, praied hee might have further tyme to knowe his Majesties pleasure therein, Which the Courte graunted without lymitacion of tyme for the same to be made knowne. Since which tyme it being Trinitie Terme next two yeeres; the said Sir John Laurence nor anie other for him, hath signifyed anie thinge touching his Majesties pleasure therein, whereby the peticioner, contrarie to lawe and equitie, (in respecte of the said outlawrie standes reverst) is notwith- standing still deteyned in prison in the Fleete uppon the same: howbeit, shee hath thereuppon by her learned councell, oftentymes moved the Courte for her enlargement.

In respecte whereof, and of the said undue and corrupte carriage both of the arbitrators and witnesses by the practise of the said Bromlie and others, together with the said Sir John Laurence who unconscionably seeketh to inrich himselfe by the utter undooing and subversion of the said peticioner and her children, and unchristianlie giveth out, that hee will rott the peticioner in prison, who neither in equitie or justnes of lawe is any waie indebted unto him; for that the said outlawrie is of 150li. (on which the said patent, begd of his Majestie) standes reverst, and disclaymed by his Majesties said Attorney Generall to be by him anie farther, for the reasons aforesaid presented, and the said 1200li. mencioned in the said patent long since satisfied unto him by the Chamber of London, who had the disposing thereof during the minoritie of the said Sir John, being sonn in lawe to the said Bromlie: Of whose estate the peticioner (in regard of the said great somes of moneyes by him owing unto her, and for which the peticioner stood engaged to divers other persons for him, which she hath paid, tooke forth lettres of administracion in her owne name of his the said Bromlies estate: Soe that if aniething rested due to the said Bromlie it ought by lawe to accrewe to the peticioner. The peticioner therefore humblie praieth, that according to your honorable and setled course of justice helde for the releefe of the oppressed, and searching out of publick greevances, you will be pleased to call the said Sir John Laurence before your honorable assemblie; who by cullor of the said patent hath likewise greevouslie vexed others thereupponn, that uppon sight of the said patent, the injustice of the peticioners oppressions and others, maie the better appeare unto you therein, and the peticioner.

And the peticioner shall dailie praie for your Honors everlasting happines.

George Close, clerk. HL/PO/JO/10/13/5 (1620)

To the right Honorable Knightes, Burgesses and Commons assembled in the most high court of Parlament.

The most humble Petition of George Close, clerke.

Most humbly shewinge, that wheras on the 4th. day of Maii 1615, he was brought by the Warden of the Fleet without any warrant or legall proces before the Lord Archbishop of Canterbury, and other Ecclesiastical Comissioners, and then by them in most illegall, irregular and unjust maner sentenced, deprived and degraded wwithout any other praecedent matter, proces, allegations, articles, answers, examinations, probations, confessions, exhibites, or actes there depending against him to induce the same: saving that the said Lord Archbishop (by what sinister procurement the petitioner knoweth not) made himself a prosecutor without proces, a witnes without othe, and a judge without commission in the matter then sentenced, whereof the said court had no cognition, praetending only a decree of the most honorable Court of Starchamber, which in case it had bene true which was then alledged, yet no power was given them by their commission to intermeddle therein: wheras in truth there was then only produced and read, a most false contrived, scandalous and inautenticall scroll, praetended to be a trew copy of a sentence there passed against the petitioner Januarii 29 1612: wheras no such sentence was so given, or entred by the lawfull authority, order or officers of the said most honorable court; nor exhibited into the said Court of the Ecclesiasticall Commissioners by any knowen person, certayne time, or legall maner; saving also that the said Lord Archbishop (who hath caused the same counterfeyt scroll to be twise openly read in the same Court) did on the 26 day of Aprill last affirme that it was a true record, and that himself had introduced (or caused) the same to be brought into the said Court and had therupon proceeded to the sentence aforesaid: and yet the Register and officers of the same Court refuse to subscribe a true copy therof to verify their owne recordes remayning in their court and custody. And in case it were graunted true (which is not) that it were a true draught and copy of the sayd decree of Starchamber, yet the said Lord Archbishop the Lord Bishop of Lincolne (now of Durrham) and 16 other commissioners, which gave sentence therupon, have therby incurred the penalties contayned in the law and statutes of Provision and Praemunire, ordayned for praeservation of his Majesties praerogative Royall in causes as well Ecclesiasticall, as temporall, for that they have therein sentenced the petitioner for supposed crimes and offences wherein he had bene formerly upon judiciall proceedings cleared and dismissed, aswell in his Highnes ecclesiasticall as temporall courtes of competent jurisdiction, as also by Act of Parliament in the 7th. yere of his Majesties raigne; All which exceptions to their said sentence the petitioner pleaded and then appeared unto them, and yet the said commissioners proceeded to their said sentence, and wold not admitt the same: And wheras the said Lord Archbishop and Commissioners perceived the petitioner ready to praeferre his complaint and petition to his Majesty, and this most honorable and high court of parliament for remedy and redresse therin, they instantly with like measure of injustice (to hinder and stop his lawfull proceedings) have upon their speciall warrant (having no proces out, noe cause depending before them) committed him close-prisoner to the eccclesiasticall now prison in most strict maner for 3 weekes, so as neyther his wife, children (nor any other which this terme time) had important busynes with him) cold be permitted to see and speake with him to minister necessary foode unto him in praesence of his Keepers; who (being agentes for the said Commissioners) have forcibly taken away, suppressed and detayned (aswell his petitions, (and other necessary notes of instruction) to his Majesty for releefe) as his proper goodes and chattells without any lawfull warrant so to do: And when his pore wife and children on the 3 and 9 of this instant Maii, made sute (and offered good security for his enlargement, if they wold so require it) alledging that the petitioner (beinge aged 70 yeres) must otherwise perish in prison, the said Lord Archbishop and others answered that they could not enlarge him, and if they proceeded to make further sute for his liberty, he wold take like order with them, and that he shold loose his cares, and that it was no matter if he perished in prison, where he is still continued (as the Keeper confesseth) upon their warrant only. And for a more full verification of the praemises, the petitioner herewith exhibiteth to the consideration of this most honorable court a shedull of advertisementes, most humbly praying, that it will please this most honorable court in the bowells of compassion, and honorable regard of justice to take some order for the petitioners enlargement (if the said Commissioners can shew no cause to the contrary) that so he may aswell on the behalf of his Majesty as redresse of his owne particular grievances, attend the prosecution of his most just complaint, whense may arise great benefite to his Majesty, good to the Church and commonwelth, and releefe to himself; who shall dayly, and duly pray for your good successe in your most honorable proceedings, with all health and prosperity to all your particuler persons and estates: etc.