House of Lords Journal Volume 3: 27 May 1624

DIE Jovis, videlicet, 27 die Maii,

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

Against secret Pensions from Foreign States.

HODIE 2^a vice lecta est Billa, An Act against the secret receiving of Pensions, Gifts, and Rewards, of any Foreign Prince or State.

And committed unto the

To meet presently.

Sir James Pointz's Bill.

The Lord Viscount Rocheford reported the Bill for Sale of Abbotts Hall, as fit to have a Third Reading, without any Amendments.

D°.

Hodie 3^a vice lecta est Billa prædicta, An Act for the Sale of the Manor of Abbotts Hall, in the County of Essex late Parcel of the Possessions of Sir James Pointz, Knight, deceased, to the Intent that the Money raised may be distributed among the Creditors of the said Sir James Pointz, according to the Direction and Intention of the said Sir James Pointz by his last Will and Testament.

Put to the Question, and generally Assented unto.

Imposition on Hops.

The Petition of divers Merchants, touching a late Imposition upon Hops, is referred to the Lords of the King's Privy Council.

D° on Wines. Referred to the Privy Council.

The Petition of the Merchants touching late Impositions on Wines, is also referred to the Lords of His Majesty's Privy Council.

These Two Petitions were delivered unto the Lord President of the Council.

Petition of the British Slaves in Barbary.

The Petition of the Captives under the Turk, in Argiers, &c. was read; with the Answer conceived by the Lords Committees for Petitions, &c. and re-committed to their Lordships.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum hujus diei, hora secunda, Dominis sic decernentibus.

Post meridiem,

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

Bp. of St. David's Privilege.

UPON Complaint that the Servant of the Lord Bishop of St. Davides was beaten and abused by Nicholas Kettle, Joseph Kettle, and Henry Foxe; it is Ordered, That they be brought to the Bar To-morrow, at Nine, to answer their Contempt.

Innholder's Bill.

These Lords were added to the Committee on the Bill for Hostlers and Inn-holders: videlicet, the Earl of South'ton, the Lord Wentworth, the Lord Danvers, the Lord Say.

To meet presently.

The Earl of South'ton reported the said Bill fit to have D°. a Third Reading, without any Amendments.

Inn-holders Bill. Exped.

Hodie 3^a vice lecta est Billa prædicta, An Act concerning Hostlers and Inn-holders.

Put to the Question, and generally Assented unto.

Bills from the H. C.

Message from the Lower House, by Sir Edward Cooke and others: videlicet,

That the House of Commons had returned to their Lordships Nine Bills, Expedited:

Exped.

1^a, An Act for Continuance of divers Statutes, and Repeal of divers others.

Exped.

2^a, An Act concerning Monopolies, and Dispensations with Penal Laws, and the Forfeitures thereof.

Exped.

3^a, An Act for Relief of Creditors against such Persons as die in Execution.

Exped.

4^a, An Act for avoiding vexatious Delays, caused by removing Actions and Suits out of Inferior Courts.

Exped.

5^a, An Act for the altering of the Tenure and Custom of the Lands late of Thomas Potter, Esquire, and the Lands of Sir George Rivers, Knight, and Sir John Rivers, Baronet, lying all in the County of Kent, and being now in the Nature of Gavel-kind, and to make them descendable according to the Course of the Common Law, and to settle the Inheritance of them upon the said Sir John Rivers, and the Heirs of the said Sir John Rivers, and Dame Dorothie his Wife.

Exped.

6^a, An Act to enable Sir Francis Clerke, Knight, to make Sale of certain Lands, Tenements, and Hereditaments, for the Payment of his Debts, and providing of Portions for his younger Children.

Exped.

7^a, An Act for Explanation of the Statutes, made in the Third, Fourth and Fifth Years of King Edward the Sixth, concerning the Traders of Butter and Cheese.

Exped.

8^a, An Act for Relief of Patentees, Tenants, and Farmers of Crown Lands and Dutchy Lands, or of Lands within the Survey of the Court of Wards and Liveries, in Cases of Forfeiture, for Non-payment of their Rents, or other Service or Duty.

Exped.

9^a, An Act for the Repairing and Maintaining of the Haven, River, and Channel, running unto the Borough and Town of Colchester, in the County of Essex; and also for the Paving of the said Town.

And, That the Commons had presented unto their Lordships a new Bill: videlicet, An Act, That Sheriffs, their Heirs, Executors, and Administrators, having a Quietus est, shall be absolutely discharged of their Accompts.

Conference requested touching Licences of Alienations.

With this Message: videlicet, That the Commons desire a Conference with their Lordships, touching the Bill of Licences of Alienations in the Exchequer.

Agreed to.

Answered: The Lords will meet at this Conference To-morrow Morning, at Eight, in the Painted Chamber, with a Committee of Nine.

Sheriffs Accounts Bill.

Hodie 1^a et 2^a vice lecta est Billa, An Act, That Sheriffs, their Heirs, Executors, and Administrators, having a Quietus est, shall be absolutely discharged.

And committed unto the

To meet presently.

The Lord President reported the said Bill to be fit to pass, without any Amendments.

Hodie 3^a vice lecta est Billa prædicta; and put to the Question, and generally Assented unto.

Mrs. Brocas's Petition for a Debt due to her by the Muscovy Company.

The Petition of Mrs. Brocas, for a Debt of a Thousand Pounds due unto her by the Muscovy Company; and the Answer conceived by the Lords Committees for Petitions, &c. were read; and the said Answer approved of, and is referred to the Court of Chancery to see it executed accordingly.

Order.

The Order follows, in bæc verba: videlicet,

"Whereas Mrs. Mary Broccas hath exhibited her Petition, to be relieved of a Debt of a Thousand Pounds, which she lent unto the Muscovia Company upon their Bond, under their Common Seal, dated the Third of January 1617, at Eight Pounds per Centum; the which Interest was paid for a Time, but afterwards the said Company had neither paid her any Part of the Principal nor Interest; and that her Proceedings at the Common Law were staid, by Pretence of a General Protection granted to the said Company from the Council Board, the 19th of October 1621; and whereas the Lords Committees for Petitions, &c. did call before them Mr. Alderman Hamersley, the Governor, and divers Merchants free of the said Company; and it appearing unto their Lordships, that the same was a due Debt, but that a Controversy was between them what Merchants were subject to the Payment thereof, and of other Debts due by the said Company; and their Lordships having heard the Allegations of the said Merchants on both Sides, and they all acknowledging the said Debt to Mrs. Broccas, and agreeing that the same should be presently paid; their Lordships conceived an Order therein, in Presence of the said Governor and Merchants, which they reported this Day to the House, in bæc verba: videlicet,

"That the Muscovia Company do bring in, to the Treasurer of the Company, by Midsummer-day next, their several and respective Leviations and Assesments, lastly made by the said Company, for and towards the Payment of such Principal Debts as are owing by the said Company, upon their Common Seal, for Moneys borrowed at Interest of Strangers not free of the said Company, whereof Mrs. Broccas to be first paid her Debt, with Interest of Five Pounds in the Hundred since the Time they forbore to pay her Eight Pounds in the Hundred; and those that have or shall pay their Leviation, according to the Assessment aforesaid, shall stand discharged from Payment of any more; and they that shall refuse to pay their several Leviations, and the Executors or Administrators of those that are taxed by the said Leviation, refusing to pay their proportionable Leviation, shall also stand forthwith committed, till they bring in their said several Assessments. And for the Case of Sir Richard Smith, Sir William Russell, Knights, and William Cater, Esquire, who were taxed by the said Leviation, which they alledge to be to them unjust, and their Case certified by the King's Counsel, as they conceive, upon Reference from the Council Board, to be different from the rest of the said Company, and thereupon to be freed from this Assessment; the said Sir Richard Smith, Sir William Russell, Knights, and William Cater, Esquire, have exhibited their Bill into the Exchequer Chamber, where the same is now at Issue, and therefore we think fit that the said Sir Richard Smith, Sir William Russell, and Mr. Cater, shall not be subject to the said Leviation until the said Cause have received a Hearing; and they to deposit into the Court of Exchequer their proportionable Assessments; and the other Part of the Company to deposit also as much more in the same Court; and no Fees to be paid by them when the Money shall be taken out of the said Court; and, if the Cause fall out against Sir Richard Smith, Sir William Russell, and William Cater, then they to have no Restitution; if otherwise, to have Restitution from the other Part of the Company against whom the Cause shall pass."

And this is referred to the Court of Chancery, to see the Order put in Execution accordingly.

Sir Francis Englefield charged with exhibiting a scandalous Brief.

Sir Francis Englefeild was called to the Bar, to answer the Complaint made to the House, touching the scandalous Brief of the said Sir Francis Englefeildes Bill exhibited to the House of Commons.

Sir Francis Englefeild humbly besought their Lordships to consider, whether this House can take Cognizance thereof, it being exhibited to the Commons.

Being withdrawn, and their Lordships having considered of the said Complaint, he was called in again, and admonished to attend the Earl Marshal and the Earl of South'ton, to be reconciled unto Mr. Arundell.

Collection by Brief, &c. to be made for the Slaves in Barbary.

Upon the Reading of the Petition of the English Captives, under the miserable Oppression of the Turks, in Algier, Tunis, Sally, and Tituane; it is Ordered, by the Lords Spiritual and Temporal in this present Parliament assembled, That Letters Patents be granted, for a Collection through the whole Kingdom of England, for Redemption of those miserable Captives; the said Letters Patents to be granted upon Commendations from the Lords of the Parliament, upon Petition preferred to their Lordships.

The said Letters Patents, with Printed Briefs, to be sent to the Lords Bishops in their several Dioceses, within each Province; and their Lordships to send the Briefs to all the Ministers of every Parish within their Diocese; which Ministers, by especial Exhortation, are to stir up the Charity of their Parishioners, for a liberal Contribution towards this so charitable a Work.

The Money in every Parish to be collected by the Church-wardens and Overseers of the Poor; who, presently after the Collection, shall declare publicly in the Church what is collected; and the same Sum to be put on the Backside of the Brief; with their and the Ministers Hands to it. And then the Church-wardens and Overseers of the Poor, or one of them, to deliver the same Collection to some such Minister in every Deanry as shall be nominated by the Lord Bishop for the Receipt of the same.

And those Ministers to deliver the same, within Ten Days after Receipt thereof, to the Lord Bishop of the Diocese; and every Bishop to deliver over the Collection made in his Diocese to his Metropolitan; and the Metropolitan of Yorke to transmit what is collected within his Province to the Archbishop of Cant. unto whom, by Order of the House, all the Money to be collected for this Use is to be delivered; who, with the Advice of Six Lords of Parliament, and the Lords of His Majesty's Privy Council, is to dispose of the said Money, so collected for the Relief and Redemption of the Captives, as is specified in the Petition; and not otherwise.

Especial Commendations to all Mayors, &c. and this to continue One whole Year.

Contribution for them by the House.

And, by Way of Example, the Lords of Parliament are now ready to lead the Way of giving, in their several Ranks (and so do Order), Forty Shillings for every Member above the Degree of a Baron, and those of the Degree of Barons (Lords Spiritual and Temporal) Twenty Shillings a Piece; and to be presently paid into the Hands of the Lord Archbishop of Cant. to be disposed of as the rest of the Moneys to be collected for the Use above mentioned.

Absent Lords to pay to it.

And it is further Ordered, That absent Lords may not be exempted from this Collection; but that the Lords that have their Proxies deposit the same for them.

And it is also Ordered, That all be done without any Charge or Reward to any Person for the same.

Edward Leigh's Petition.

The Earl of Essex reported to the House, That the Lords Committees for Petitions, &c. had considered of a Petition exhibited by Edward Leigh Gentleman, and the Answer thereunto by the said Lords; and the House allowed of the said Answer.

The Effect of the Petition is, "To be relieved of a Legacy of Two Hundred Pounds, and of a Rent Charge of Twenty Pounds per Annum, bequeathed unto him by his Father; whereof he is defrauded by Sir Urian Leigh his Brother."

Answer.

The Answer:

"Upon the Petitioner's Desire, the Lords Committees do refer this Controversy to my Lord Bishop of Chester and Sir James Whittlocke, Chief Justice there; to end (fn. 1) it, if they can; or else to certify their Opinion thereof to the Lords Committees at the next Session;" which was read, and Ordered to be performed accordingly.

Sir John Savage's Petition.

Sir John Savage and Thomas Tayler were this Day sworn at the Bar, to bring in the Evidences touching certain Lands, in the County of South'ton, now in Possession of the said Thomas Taylor; which Lands the said Sir John Savage alledgeth, in his Petition, to be unjustly detained from him, and to deliver the said Evidences unto Mr. Justice Jones.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Veneris, 28^m diem instantis Maii, hora 9^a, Dominis sic decernentibus.