House of Lords Journal Volume 3: 26 November 1621

DIE Lunæ, videlicet, 26 die Novembris,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Carclus Princeps Walliæ, etc.

Lord Spencer's Leave to be absent.

THE Lord Spencer hath Leave to be absent.

Exportation of Ordnance.

The Lord Archbishop of Canterbury reported the Bill against Transportation of Iron Ordnance; and returned the same, with Seven Amendments and Two Additions.

The which Amendments and Additions were presently Twice read, and allowed of; and the Bill Ordered to be ingrossed accordingly.

Lord Stafford complains of divers Forgeries of his Hand to Protections.

The Lord Stafford signified unto the Lords, That divers lewd Persons, here undernamed, have counterfeited his Lordship's Hand and Seal unto divers Protections, to the Dishonour of his Lordship, and the great Abuse of the Privileges of this House.

Whereupon it was Ordered, That the Serjeant at Arms attending this Court should bring before their Lordships, at Nine To-morrow Morning, the said Persons, to answer their Misdemeanors herein. Their Names are:

Lord North complains of a Forgery.

The Lord North also signified unto the Lords, That one Bryan Griffith had counterfeited his Lordship's Hand to a Protection for John Gaunt. Whereupon it is Ordered, That the said Serjeant at Arms shall bring the Body of the said Bryan Griffith before the Lords, To-morrow Morning also, at the same Time.

Dyke released out of Execution.

Richard Dyke was brought to the Bar, by a Writ of Hateas corpus, according to the Order of the Two and Twentieth of this November; the Writ and the Return thereof being read, their Lordships took into Consideration, that the said Richard Dyke was under Bail for his Appearance here in Court, de die in diem, until he shall be dismissed; and that therefore his Arrest was contrary to their ancient Privileges.

Wherefore it is Ordered, That the said Richard Dyke shall be presently delivered out of the Prison of The King's Bench; and that Sir George Reynell, Knight, the Marshal, shall be discharged for such the Deliverance of the said Dyke.

And it was further Ordered, That whereas the Condition of the said Richard Dyke's Recognizance is, That he shall appear here, de die in diem, until he shall be dismissed of the Court; the Condition now shall be, for his Appearance here, upon Notice lest at his Dwelling-house in Moorefeildes, near Bedlame-gate. And also his Bail and himself are freed for his Not-attendance here during his said Imprisonment.

Cowse's Arrest.

William Cowse, Servant to the Lord Stafford, was brought to the Bar, by virtue of His Majesty's Writ of Habeas corpus cum causa, according to the Order of the Four and Twentieth of this November.

The Writ was not read, for that the Lords thought fit first to examine the Breach of their Privileges, and the contemptuous Speeches complained of in the Petition of the said William Cowse against William Goade.

As touching the First, Robert Campion, who made the Arrest, affirmed, that he had not arrested the said William Cowse, but that he first had Leave from the Lord Stafford (whose Servant he is) so to do; and produced a Writing, under the Lord Stafford's Hand and Seal, of disclaiming the said William Cowse to be his Servant, if the Information given his Lordship be true, that the said William Cowse intends to defraud William Jenninges and William Goade of their due Debt.

The House hath referred the Examination of this unto the Lords Sub-Committees of the Orders and Customs of this House, and of the Privileges of the Peers of this Kingdom, or Lords of Parliament.

Goade.

And William Goade being brought to the Bar, and denying those contemptuous Speeches, videlicet, That he neither regarded the Lord Stafford's Protection, nor the Orders of the Lords, nor any Thing else the Lords could do, no more than he regarded a Rusa; it was directly proved, by the Depositions of Thomas Ovyatt and Henry Helmes, who were sworn and examined thereof in the House.

Committed to The Fleet.

Whereupon the said William Goade is committed to the Prison of The Fleet, there to remain during the Lords Pleasure.

The Petition of Benjamyn Crokey was read, to this Effect: videlicet,

Benjamin Crokey's Petition, concerning the Free School at Wotton, versus John Smyth.

That whereas an ancient Collegiate Free School was, about Two Hundred Years since, founded by Katherine Lady Berkeley, in Wotton, in the County of Gloucester, and of Continuance till the Sixth Year of our King's Reign, that the same was, by the indirect Practices of one John Smyth, suppressed; who purchased the Fee Farm of all the School Possessions (being Nine and Thirty Tenements) for Five Pounds and Four Pence per Annum, the same being worth Four Hundred Pounds per Annum.

That the Petitioner (to the impoverishing of his Estate) hath formerly procured Four several Commissions, upon the Statute of Charitable Uses, for the settling of the Possessions of the said School, all which were crossed by the indirect Practices of the said John Smyth, and of one John Hunt.

That the Petitioner hath exhibited a Bill in this House, on the Behalf of the said School; and, upon a Petition exhibited thereupon, it pleased this House to grant their Lordships Order and Warrant for a Fifth Commission, wherein this Petitioner was to be employed this last Vacation.

That the said Smyth and Hunt practised with one Harvey and Fisher, to arrest the Petitioner, at the Suit of Harvey, on the 24th of June last, of Purpose to prevent the executing of the said Fifth Commission; the said Harvey refusing to accept of any Satisfaction for his Debt, no not the Forfeiture. And the Serjeant that made the Arrest, although the Petitioner shewed him the said Order of the Lords, with the Commission, yet, with contemptuous Words against the Prerogative of the Parliament, he beat the Petitioner, and haled him to Prison in The King's Bench, where he hath ever since continued, to the Hindrance of the said Commission, and his own utter Undoing.

It is hereupon Ordered, That His Majesty's Writ of Habeas corpus cum causa be awarded, and directed to the Marshal of The King's Bench, commanding him to bring the Body of the said Benjamyn Crokey (the Petitioner) before their Lordships, on Wednesday next, the 28th of this November, at Nine of the Clock in the Morning.

And also, That the said John Hunt, Fisher, Harvey, and the Serjeant, be brought before their Lordships also, at the same Time, to answer their Contempt and Breach of the Privileges of this House, in the Arrest of the said Benjamyn, when as he had exhibited the said Bill here, and had an Order from this House for the said Commission and the executing thereof.

River Thames to Oxford.

Hodie 2^a vice lecta est Billa, An Act for the making the River of Thames navigable for Barges, Boats, or Lighters, from the Village of Bercott, in the County of Oxon, unto the City of Oxford. And committed unto the

To meet on Saturday next, the Fifth of December, at Eight in the Morning, in the Painted Chamber.

Publick Bills to be read before Private.

Ordered, That Publick Bills be read before Private.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 27^m diem instantis Novembris, hora nona, Dominis sic decernentibus.

Four Lords take the Oath of Allegiance.

After the Rising of the Court, these Lords, kneeling on their Knees, did take the Oath of Allegiance, according to the Statute in that Behalf, in the Presence of the Lord Archbishop of Cant. and the Lord Treasurer, and divers other Lords: videlicet,

The Lord Keeper (as Bishop of Lincoln).

The Lord Bishop of Sarum.

The Lord Bishop of Exceter.

The Lord Bishop of St. David's.