House of Lords Journal Volume 3: 31 May 1628

DIE Sabbati, videlicet, 31 die Maii,

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

Morgan's Bills Exped.

Hodie 3^a vice lecta est Billa, An Act for re-estating certain Manors and Lands, late of William Morgan, Esquire, and discharging the Trust concerning them.

Put to the Question, and generally Assented unto.

Lane versus Baud.

Robert Lane's Petition read, to have Counsel assigned him, and for some of His Majesty's Learned Counsel to be ordered to plead for His Majesty's Right in Remainder.

Answered:

"Let the Petitioner resort to the Lord Keeper, and name any Counsellors who are not of the House of Commons; and his Lordship will assign them to plead for him, as is required."

E. of Essex's Privilege. Smith committed.

Ordered, John Smith (who was this Day at the Bar) to be committed to The Fleet, during Pleasure, for Breach of Privileges of this House (vide antea 26 Maii).

Sir Francis Coningsby et Ux. their Petition, concerning the Manors of North Mymms, and The Wield, &c.

Whereas Sir Francis Conningsby, Knight, and the Lady Mary, his Wife, exhibited their Petition to this House, shewing, "That Sir Raph Conningsby, Knight, deceased, Father of the said Sir Francis, did, in his Life-time, make a Lease, for Fourscore Years, of the Manors of North Mymms and The Wielde, and of One Farm, called Charing's Farm, and of and in divers other Lands, in the Counties of Hertford and Midd. unto Sir John Butler, Knight and Baronet, Sir Thomas Pope Blount, Knight, Sir John Luke, Knight, and Sir John Ferris, Knight, Henry Coney, and Edward Briscoe, Esquires, in Trust, to the Use of the said Francis (his Eldest Son), to the Intent he should not sell, nor otherwise charge the same with Incumbrances; the Profits of the said Manor of North Mimms to be unto Dame Jane, the Wife of the said Sir Raph, for her Life; and the Profits of the said Manor of The Weild and of Charing's Farm to be unto the said Sir Francis, and such Wife as he should marry, by Consent of the said Lessees in Trust, after the Death of the said Sir Raph Conningsby; and that he the said Sir Francis did, after the Death of Sir Raph, his Father, marry with the said Marie, Sister to the Lord North, by Consent of the said Lessees in Trust, who had Fifteen Hundred Pounds for her Portion, whereof the said Lessees received a Thousand Pounds, and thereupon covenanted, under their Hands and Seals, to discharge the said Manor of Weild and Charing's Farm of all Incumbrances, and to assign the same unto the said Dame Mary for her Jointure: And complaining that the said Lessees in Trust had not employed the Rents and Profits of the said Manors and Lands accordingly; and that they had not discharged the said Manor of Weild nor Charing's Farm; but suffered the same Farm, being mortgaged by Sir Raph, to be forfeited, and suffered Thomas Conningsby, Esquire, Second Son of the said Sir Raph, to receive the Rents and Profits; and have cut down many Woods, and suffered one John Greenhill the Elder, in the Name of John Greenhill the Younger, his Son, to extend the said Manor of Weild, being worth Three Hundred Pounds per Annum, and to hold the same, for a Debt of Fifty Pounds, Principal Money: And likewise complaining, That the said Thomas Conningsby hath, for the Sum of Twenty Pounds, obtained, with the Confirmation of the said Lessees in Trust, One Lease, or Leases, of the Manor, or Mansion House, of North Mimmes, for the Term of One and Twenty Years, at the Rate of Three Hundred Pounds per Annum.

Order upon it.

The which Petition being considered of by the Lords Committees for Petitions, and their Lordships having heard Counsel on both Sides divers Times, it appeared unto them, That the said Sir Raph Conningsby did, in his Life-time, mortgage the said Farm, called Charing's Farm, unto . . . . . Peacock, for the Sum of Five Hundred Pounds; and that the said Sir Raph did repose great Trust in the said Lessees, and did convey unto them divers Woods for Payment of his Debts, which was not performed. And it appeared also unto their Lordships, That the said Lessees and others had received divers of the Rents and Profits of the said Lands since the said Trust, and sold divers Woods."

Upon Report whereof made to the House, and of other the Doings and Proceedings of the Lords Committees in the Premises, it is thought fit, and so Ordered by this House, That the said Sir John Butler, Sir Thomas Pope Blunt, and the other Lessees, shall accompt upon Oath for all the Rents and Profits of the said Lands wherein they were intrusted, and for all Monies raised by the Sale of Woods, and shall pay and employ the same according to the Trust in them reposed; and the Executors of the Lady Jane Conningsby shall be likewise accomptable for all such Monies raised by the Sale of Woods as came to her Hands, or to her Use; and that the said Mr. Thomas Coningsby shall account for all Rents and Profits by him received of any of the Premises; and that the said . . . . Peacocke, and other Possessors of the said Farm, called Charing's Farm, shall accompt for their several Times of the Rents and Profits by them, or any of them, received thereof; and the taking, auditing, and casting up of the said Accompts is hereby referred unto Sir Robert Rich, Knight, one of the Masters of His Majesty's High Court of Chancery, and Sir Francis Goston, Knight, and they are to allow of all Payments and Discharges cut off either by Decrees or final Orders of any Courts in Westm. and shall have Power to send for all Parties, who are to make the said Accompts; and they are to certify their Lordships their Doings, Proceedings, and Opinions therein. And touching the said Greenehill's Debt and Extent, their Lordships think further fit, and so Order, That One Hundred and Threescore Pounds, and no more, shall be re-paid unto the said Greenhill, in full Satisfaction of his Principal Damages and Costs; and, upon Payment thereof, the Extent of the said Manor of Weild, and all Statutes, Judgements, and other Claims and Demands, of the said Greenhill, and of his said Son therein, to be assigned over to such Persons, as either are or shall be nominated by the Lords Committees, for the Use of Sir Francis Coningsby and his Lady. And the Person of the said Sir Francis to be discharged concerning the same; and all Suits concerning the same to cease.

And touching such Lease, or Leases, as the said Sir Francis Coningsby lately made of the Manor of North Mimmes unto his Brother Thomas Coningsby, Esquire, which was confirmed by some of the said Lessees in Trust, it is further Ordered by this House, That the said Lease and Leases shall be forthwith re-delivered, canceled, and made void, and the Twenty Pounds paid for the same to be re-paid unto the said Thomas again. And the whole Estate of the said Manor of North Mimmes to be returned back again unto the said Lessees in Trust, in such Sort and Manner as it was before, for the Use of Sir Francis and his Lady, and for Preservation of the House and Lands from Waste and Spoil, according to the original Trust in them reposed. And, after the End of this Session, the Execution of the Premises is referred to the Chancery. But touching the Annuity of One Hundred Pounds per Annum to Mrs. Cattlyn, this House leaveth the same as they found it.

And, upon the Payment of the said One Hundred and Threescore Pounds unto the said John Greenhill, the said Greenhill and his Son are to assign over the Extent of the said Manor of Wield, and all their Interest and Demands therein, unto Henry Earl of Dover, Thomas Lord Viscount Savage, and Sir John North, Knight of the Bath, to the Use and Behoof of the said Sir Francis Coningsby, and Dame Mary his Wife.

Memorandum, That Mr. Attorney General signified unto the House, That, according to the Order of 30 May, Sir Daniell Deligne had declared, under his Hand, That he will not use the Trade of Merchandize, etc. (vide 30 Maii).

Deligne's Naturalization. Exped.

Hodie 3^a vice lecta est Billa, An Act for Naturalizing of Sir Daniell Deligne, of Harlaxton, in the County of Lincoln, Knight.

Put to the Question, and generally Assented unto.

Respect of Homage.

The Committee for Privileges are to meet upon Monday next, post meridiem; touching Respect of Homage. And all the Barons of the Exchequer are to be there then.

Committee for the Prisoners at Sallee, and Collection for London in the late Infection.

The Committee for Sally, etc. to meet on Tuesday next, at Two post meridiem; and the Lord Bishop of London to have Notice, and to send one of his Officers to attend (prout 29 Maii), to satisfy the Committee touching the Remains in his Lordship's Hands.

Ditto, for the Increase of Shipping and, Fisheries in America.

The Lords Committees on the Bill for Fishing in the Seas of America, etc. are to meet on Wednesday, at Two post meridiem.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ proximum, videlicet, 2^m diem Junii proximum, hora nona, Dominis sic decernentibus.