House of Lords Journal Volume 4: 22 January 1641

Die Veneris, videlicet, 22 die Januarii.

PRAYERS.

Ld. Clifford to speak with the Earl of Strafford.

Lord Clifford had Leave granted him by the House to speak with the Earl of Strafford.

Bp. of St. Asaph excused.

Lord Bishop of St. Asaph excused for his Absence.

Bp. of Bristoll to speak with the Archbishop of Canterbury.

Lord Bishop of Bristoll had Leave granted him to visit the Lord Archbishop of Cant.

Dr. Sibthorpe bailed.

Dr. Sibthorpe presenting his Bail to the House, and being approved of, they entered into Recognizance as followeth:

Sibthorpe, Doctor Theologiæ, Tho. Wiseman, de Irthingbourough, in Comitatu North'ton, Generosus, et Guliel. Crofts, Clericus, et Rector de Fosson, in Comitatu Leycester, recognoverunt seipsos debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if the abovesaid Dr. Sibthorpe doth appear, and make Answer to such Things as are charged against him before the Lords in Parliament, and be present at the Sentence of Parliament against him, if any be, then this Recognizance to be void; or else to remain in Force.

Faucet's Petition

Upon the Petition of James Faucet, Prisoner in The Fleet, it was Ordered, That no new Writs, as a Surety in any other Cause, shall be brought against him until he be discharged of his Commitment by this House.

Mr. Longuevile's Claim to the Baronies of Hastings and Ruthin.

Ordered, That Mr. Longevile's Business be heard upon Monday next.

Hyde versus Lloyd in Error.

Upon the Petition of John Higdon, shewing, That Anne Hide, bringing her Writ of Error into this Parliament, and thereupon their Lordships Ordered the said Anne Hide to have assigned Errors the 13th of this present January, prayed to grant to his Lessee Tho. Lloyd, a Non Pros. and that the said Writ of Error and Record may be transmitted into the King's Bench, that so there may be Execution of his Judgement: Hereupon the House did Order, That the said Ann Hide do assign Errors upon Monday next peremptorily, or else the Defendant in the Writ of Error shall have Liberty to take such Course as Counsel shall think fit therein.

Countess Dowager of Exeter's Petition against Mackernes & al. for a Riot near Stamford.

Upon reading the Petition of Eliz. Countess Dowager of Exeter, shewing, That she is seised, in Fee Farm, under His Majesty, of certain Mills, near Stamford, in Comitatu Lincolne; and a Number of People inhabiting in Stamford did, in December last, and in Time of this present Parliament, gather themselves together, in a riotous Manner, and riotously and maliciously threw in a great Part of the Banks, and broke down a fair Stone-arched Bridge, of late built by her over the same Water, whereby the Passage of People and the Current of Water is interrupted, purposely to defeat the said Countess of the Profit of her Mills, which is conceived an Offence against (fn. 1) the Privileges of the Parliament, whereof she is capable, as the Relict of a Peer of the Realm: Hereupon it was Ordered by this House, That Thomas Mackernes, Carpenter, Robert Bickley, Alehouse-keeper, and Batty his Wife, William Bickley, Weaver, Henry Lambe, Wheelwright, and Eliz. his Wife, Thomas Slacke, a Runaway Soldier, and Henry Clarke, Heel-maker, be presently sent for, by the Serjeant attending this House, to answer this their Misdemeanour.

Ordered, That the Earl of Dover and the Lord Robarts be added to the Committee concerning the Lord Herbert and the Duke of Lennox.

Bill to prevent too long Intermission of Parliaments.

Hodie 1^a vice lecta est Billa, An Act for preventing the Inconveniences which happeneth by the long Intermission of Parliaments.

Clerks of the Common Pleas Petition, touching the Offices in that Court.

Upon reading the Petition of divers Officers, Clerks, and late Clerks, in His Majesty's Court of Common Pleas; shewing, "That, by the Laws of this Realm, the Offices of Prothonotaries, Philazers, and Exigenders, and divers other Offices in the said Court, are not grantable by Letters Patents; but the Disposition of them hath, Time out of Mind, appertained to the Chief Justice of the said Court, to dispose of them, for the Common Good, to such skilful and experienced Clerks, trained up in that Court, as are most fit and able for the Execution of the same Places; yet David Ramsey, Esquire, and divers other Persons mentioned in a Schedule hereunto annexed, have lately obtained from His Majesty several Letters Patents of Grants in Reversions of the said Offices; and, by Colour thereof, they have exposed them to Sale, at unreasonable and excessive Prices, against Law, and contrary to the ancient Usage, to the great Disparagement of able Clerks, and to the Prejudice of the Commonwealth." Hereupon it was Ordered, by the House, That the said Petitioners shall appear here before this House upon Tuesday next, being the 26th Day of this Instant January, at which Time and Place David Ramsey, Esquire, upon Notice hereof, Mr. Francklyn, Edward Burgh, John Dand, Gentleman, Francis Benson, John Stevens, Gentleman, Francis Saunders, John Bold, Gentleman, Edward Gerard, John Cockshutt, Gentleman, and John Hamilton, shall appear, and produce their several Patents, under the Great Seal of England, of any Office granted them in the Court of Common Pleas, either by Way of Reversion or otherwise, whether for their own Use, or in Trust for any other.

Lady Weld versus Child.

It was reported, That the Lords Committees for Abuses in Courts of Justice, etc. have considered of the Petition of the Lady Frances Weld, Widow; shewing, "That William Childe, of London, Scrivener, being indebted unto her in the Sum of Thirteen Hundred Pounds, and dying intestate, the Administration was committed by the now Archbishop of Cant. to John Childe his Son, who did give, with himself, Jo. Boulter and Sydenham Lukins for his Sureties, by Bond, to the said Archbishop, of the Penalty of Five Thousand Pounds, for the bringing into the Court a full and perfect Inventory. But the Administrator, having thereby possessed himself of the Intestate's Estate; refused to perform the Condition of the Bond for the bringing in any Inventory at all, or due Administration, as ought to be, but absented himself; whereupon the said Archbishop, being made acquainted therewith, at the Request of the Lady Weld, did, in Aid of her, for obtaining her said Debt, intrust unto her, by his Letter of Attorney, under the Seal of his Office, to put the said Bond in Suit; whereupon the said Lady, in Michaelmas Term 1638, did cause the said John Boulter and Sydenham Lukins to be arrested upon the said Bond, who, being committed to the King's Bench, for Want of Bail, and proceeded legally against him; but the said Intestate being indebted to one Mr. Dell, Secretary to the said Archbishop, in the Sum of One Thousand Pounds, which Sum the said Administrator did satisfy unto the said Mr. Dell; and thereupon, by the Power and Practice of the said Mr. Dell, the said Archbishop, contrary to his Covenant and Agreement, disavowed the said Proceedings at Law upon the said Bond, and gave Order for the Discharge of the said Boulter and Lukins out of Prison; and afterward caused the said Lady Weld to deliver up to him the said Bond and Letter of Attorney, without ordering any Satisfaction to her for her said Debt, or Costs and Damages."

All which Premises the Lords Committees have heard urged, by Counsel, on the Lady Weld's Part; and their Lordships, the better to inform themselves, have received the Opinions of the Judges that attended then; and they hold that Mr. Dell's calling for to have his Security altered, was a Suing for his Debt; and those which first sued, are to be first paid in Law; so the Lords Committees are of Opinion, and conceive that neither the Lord Archbishop of Cant. nor Mr. Dell are blameable in these Particulars.

To which Report the House agreed.

Those who receive Pensions from Foreign States, and Buyers of Offices, left to the Law.

After this, it was reported to the House, That the Lords Committees have considered whether it be fit to prepare a Bill to make it Felony for any to give Money for Places of Judicature, and High Treason for to take any Pension from Foreign States; for their Lordships held it not fit to create new Treasons and Felonies, but conceived it sufficient to leave such Offenders to the Punishments already established by the Laws.

Ld. Audley versus Ld. Cottington.

It was Ordered, That the Lord Awdley shall have Liberty for a free Search, for any Records in the Exchequer, which are concerning his Cause with the Lord Cottington, and to have Copies of such Records, if he please; likewise his Cause is to be heard openly at this Bar, with Counsel on both Sides, and Witnesses to be examined viva voce at the same Time; and further, the Lord Cottington is to give Answer To-morrow Morning, by what Time his Counsel can be ready for the hearing of the Cause; and that the Witnesses which are necessary in the Business are not to go out of Town until the Cause be heard.

Sharedlow's Petition.

Upon the reading [ (fn. 2) the Petition] of John Sharedlow, Clerk, it was Ordered, That it be referred to the Consideration of the Lords Committees for Petitions, with Recommendations for Expedition.

Witnesses. James versus Lamb.

Witnesses sworn in the Cause of John James against Sir John Lambe and others:

Witnesses Powell versus Bishop of Hereford.

Witnesses sworn in the Cause of Powell, contra Lord Bishop of Hereford:

Samuel Barkeley.
Priamus Davyes.

Witnesses Jay versus Arnold.

Witnesses sworn in the Cause of Jay contra Arnold:

Eliz. Stamphard.
Judeth Taylor.
T. Southampton,
Warwicke,
Tho. Duresme,
Jo. Lincoln,
C. Howard.
Hervey.

Danvers's Petition against the Trustees of Winton College.

Upon a Petition delivered to the Lords Committees appointed by the Lords of Parliament to receive Petitions, delivered by Anthony Danvers, Gentleman; shewing, "That he being of Kindred unto the Right Honourable William Lord Viscount Say and Seale, and thereby of Kindred to William of Wickham, Bishop of Winton, and Founder of the College near Winton, and of New College in Oxford, having offered his Son to be received into the College near Winton, according to the Privilege of a Founder's Kinsman, by the Space of Four Years, at their Yearly Elections, and being delayed, and at length denied; it was reported unto this House, by the said Lords Committees, That they, having sent for the Two Wardens and the School-master of Winton, who are constantly Electors into the College of Winton, upon Examination of the Cause, and Submission of the Two Wardens, and the Consent of all Parties; it was reported, by the Lord Bishop of Lincolne, That a full Satisfaction should be given by the said Wardens unto Mr. Anthony Danvers, for the Charges he had been put unto, and for the Damages he had received by the Refusal of his Son, and not admitting him into the College near Winton, according to the Privilege of a Founder's Kinsman, and according to the Founder's Statutes; and that, at the next Election, he should be admitted into the College, and have some convenient Maintenance in the mean Time; and for the Time to come, both the Wardens did promise that the Founder's Kindred should be admitted without all Difficulty, according to the Statutes of both Colleges concerning the Admission of Founders Kinsmen; and the Lord Bishop of Winton, for his Part, as Visitor of the Two Colleges, did likewise promise, that he would take Care the same should be performed."

And the Lords Committees did further deliver it as their Opinions, That a Memorial hereof should be entered in the Journal Book of the Lords House of Parliament, if their Lordships should so think fit, to prevent the like Wrongs in Time to come, that might be offered to the Founders Kinsmen; which was Ordered accordingly.

And, upon a Motion of the Lord Viscount Say and Seale, it was further Ordered, by the House, That the Clerks of the Lords House should deliver Four Copies thereof; one to the Lord Viscount Say and Seale, as Chief Founder's Kinsman, another to the Lord Bishop of Winton, and one to each College.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 23^m diem instantis Januarii, hora decima, Dominis sic decernentibus.