House of Lords Journal Volume 4: 9 February 1641

Die Martis, videlicet, 9 die Februarii.

PRAYERS.

O Keife delivered out of Prison, and Charges paid out of the Poor's Box.

Upon the reading of the Petition of Arthur O Keise, who hath suffered long Imprisonment, and now only being a Prisoner for Fees, which comes to Four Pounds Ten Shillings; it was Ordered by the House, That, for Charity and Commiseration Sake, That Four Pounds Ten Shillings shall be paid out of the Poor's Box, for his Releasemunt out of Prison.

Countess of Exeter's Bill.

Hodie 2^a vice lecta est Billa, An Act for settling and estating upon Eliz. Countess Dowager of Exeter, and her Heirs for ever, the Hospital of Saint Leonard's, without the Town of Newarke upon Trente, etc.

And committed to the

Mr. Justice Forster, Assistant.

Their Lordships, or any Five, to meet To-morrow Fortnight, videlicet, the . . . . . Day of this present February, in the Afternoon.

The Value of Lands given in Exchange by the Countess of Exeter, to be inquired into.

In the mean Time, a Letter is to be sent to such Persons as the Lord Bishop of Lincolne shall direct, for understanding the true Value of such Land as is to be given by the Countess of Exeter in Exchange.

The King will be present Tomorrow.

The Lord Keeper signified to the House, That it is His Majesty's Pleasure to be present here To-morrow Morning.

Sandeland, for scandalous Words, sent for.

Upon reading the Petition of the Inhabitants of the Parish of Great Wallding field, in Comitatu Suff. and the Articles thereunto annexed, against Mr. Andrew Sandeland, Minister of the said Town, who having spoken some scandalous Words of the Parliament; it was Ordered, That the said Mr. Sandeland be sent for, and the further Consideration of the Business referred to the Committee for Petitions.

Report and Order between Bloxam and Sandeland.

It was reported from the Lords Committees for Courts of Justice, That one Nicholas Bloxam, Clerk, having enjoyed the Parsonage of Great Wallding feild, in Comitatu Suffolk, for the Space of Three Years, was questioned by one Andrew Sandeland, in the High Commission, for being Simoniacus, and thereupon was sentenced and deprived of his said Living, and Mr. Sandeland instituted thereunto; whose principal Witness was one Tho. Brooke; which, being taken by Commission, was expressed by the Notary otherwise than it was delivered, as the said Thomas Brooke is ready to testify; which Proceedings the Lords Committees hold to be illegal, because they conceive Ecclesiastical Courts cannot remove the Possession of a Freehold. Therefore they have thought fit that a Trial at Common Law for the said Parsonage shall be had at the next Assizes; and the Judges of that Circuit to direct what the Trial shall be; and Sandeland to have Liberty to use any Writings, except the Sentence of the High Commission Court, and the Depositions of such Witnesses as are dead; but those Witnesses that are living to be brought viva voce at the Trial.

All which this House did Order accordingly.

Order that Divine Service be administered by Abbot, Vicar of Pilton, to the Inhabitants of the Hamlet of Wootton.

Upon Information to the House, That Mr. Nathaniell Abbott, Vicar of Pilton, in the County of Som'sett, hath not read Divine Service, nor administered the Communion, to the Inhabitants of the Hamlet of Wootten, since Christmas last, as he ought to (fn. 1) do, which Chapel belongeth to the Vicarage of Pilton, to the great Discontent and Trouble of his Parishioners; it was thereupon Or dered by this House, That the said Vicar shall, by Command from this House, be enjoined to perform his Duty, in discharging the said Cure, as formerly he hath done; and that the Peculiar of the said Hamlet of Wootton doth take Care the Divine Prayers and Sacraments be read and administered, as ought to be.

Judgement in Hampden's Case concerning Ship-money to be vacated.

Resolved, upon the Question, nemine contradicente, That, by the Judgement of Parliament, a Vacat be made of the Judgement in Mr. Hamden's Case in the Exchequer, concerning Ship-money, and the Resolutions of this House to be annexed. Likewise a Vacat to be made upon all the Inrollments of the Judges extrajudicial Opinions in other Courts, concerning Ship Money, with the like Expression.

And, for the better Expedition herein, the Lords following were appointed by the House to see it done effectually:

Committees appointed for it.

Their Lordships, or any Seven of them, to meet on Friday Morning next, at Eight a Clock.

Rodway, etc. discharged.

Upon the Report of the Lords Committees for Imprisonments, etc. That Jo. Rodway, William Newarke, and Walter Coales, were presented ex Officio mero to the Consistory Court of the Lord Bishop of Gloucester, by Doctor Baber, and afterwards excommunicated, for going out of their own Parish Church to hear Sermons; and the said Parties, upon a Pretence of a Significavit, which was imperfect, were arrested, and cast into Prison Eleven Days; and finding there was no such Writ, were afterwards dismissed: In Consideration of the said Imprisonment, and Losses, and Trouble sustained herein, the Lords have thought fit, That Doctor Baber shall pay unto the said Jo. Rodway, William Newarke, and Walter Coales, by Way of Damages, Forty Pounds; and the Undersheriff's Deputy Richard Rigford shall pay unto the aforesaid Parties for Damages Twenty Pounds.

All which the House did accordingly Order.

Pallavicine's Redemption of Mortgaged Leases.

It was reported to the House, That Mr. Toby Pallavicine, in the Ninth Year of this King, had mortgaged Two several Terms of Years, in the Manor of Foxton, in Comitatu Cantabr. to Sir Francis Clarke, Knight, and one Blackston his Trustee, for Fifteen Hundred Pounds, payable at Six Months; both which Terms the said Sir Francis Clarke was, by Covenant, to re-assign, upon Payment of the said Money with Interest: That Mr. Pallavicine, by Reason of his Misfortunes, failing to pay the same at the Day, Sir Francis Clarke, having Occasion to use Money, did the next Year, upon a Contract between him and Fuller Meade, deceased, assign the several Terms to William Meade and Mary Meade, by the said Fuller's Appointment; upon which the said Fuller Meade declared Trusts for others; and it appeared that the said Toby Pallavicine did only consent that the Hand should be changed, which was not made known to him to have been done, and had no Consideration upon the Change, nor was Party to the Assignment; and also that the said Fuller Meade paid only One Thousand Pounds to the said Sir Francis Clarke for the same; and after, the said Toby Pallavicine paid Five Hundred Pounds, Residue of the said Fifteen Hundred Pounds, to the said Sir Francis Clarke, in Part of Redemption of the said Mortgage; and forasmuch also as it appeared that Fuller Meade had Notice of the said Mortgage: Their Lordships were fully satisfied that the said Lands are redeemable by the Petitioner; and Declared, notwithstanding the said Dismission, That, upon Re-payment by the said Mr. Pallavicine of the Thousand Pounds to be paid to the said Fuller Meade or his Assigns, the Residue of the Fifteen Hundred Pounds, being the mortgaged Money, to the Parties now interested in the said Terms, with Interest after the Rate of the Statute, discounting the Mesne Profits received under the said Mortgage, to the said Fuller Meade and his Assigns: the said Manors, Lands, and Leases, shall, by the Persons interested therein, be re-assigned and conveyed to the said Toby Pallavicine, or such as he shall nominate, discharged of Incumbrances done by them; in which Accompt Allowance is also to be made to the said Meade and his Assigns of the Sum of Two Hundred Pounds, alledged to have been disbursed in new Buildings upon the Premises; and the Lords do direct, That (the said Dismission being set aside) the Execution of this Order be proceeded in by the said Court of Chancery; and the Accompt and Re-assurance there to be taken and directed as in such Cases is used.

All which the House did accordingly Order; and further gave Power to the Lords Committees, upon a new Petition, to consider of the allowing of Eighty Pounds more, which is pretended to be expended by the aforesaid Meade in this Business.

Cook and Hanman versus Dutton.

The Petition of Robert Cooke and William Hanman, of Glocestershire, was read, and Ordered to be referred to the Committee for Petitions; and Sir Ralph Dutton to have a Copy of the Petition and Articles, and to make Answer unto the same.

Doctor Clarke to pay Lyne Damages.

It was reported by the Lords Committees, That one Lyne, being indicted, for a Pretence of stealing Corn, was committed by Doctor Clarke to Prison, where he continued Five Weeks, to the great Damage and Loss of the said Lyne; and their Lordships were credibly informed that Doctor Clarke did offer to deliver him out of Prison, if he would release unto him a House which he desired to have, whereby it appeared that it was a vexatious Design of Doctor Clarke's to keep him in Prison, thereby to procure his own Ends; for which the Lords Committees have thought fit, That Damages be given to the said Lyne, but the Measure is referred to this House; which the House taking into Consideration, did Order, That Doctor Clarke shall pay to the said Lyne Thirty Pounds for Damages.

No Person to be a Judge in an Inferior and a Superior Court, in the same Cause.

It was likewise reported, That Jo. James, having been much oppressed in divers Ecclesiastical Courts, for which he had deserved to have had Damages given him, but that he was able to produce but single Witnesses; therefore their Lordships have given him none; but they do desire to offer one considerable Particular to the House, which they have observed in the Case, whether they think fit that Judges of Appeal in Superior Courts should hold any Place of Judicature in Inferior Courts, from whence lies an Appeal to themselves.

Which Proposition the House considered of, and Ordered, That no Man, that holds a Place of Judicature in Inferior Courts shall be Judge in such Courts wherein there lies an Appeal before himself in any Superior Court.

Damages given to Wheeler against Buxton, Aylett, and some Members of the High Commission.

It was reported by the Lords Committees for Imprisonments, etc. That Robert Aylett, Doctor of the Civil (fn. 2) Law, and Commissary Judge in the Diocese of London, commanded James Wheeler, Church-warden of Buttoph's, in Colchester, Anno 1635, to rail in the Communion Table; which he refused to do, unless the said Doctor Aylett would save him harmless; for refusing of which, the said Wheeler was Twice excommunicated, and afterwards a High Commission Warrant was directed to one Stockdale, a Messenger, to apprehend the said Wheeler; who required the Aid of the then Mayor Robert Buxton, who caused the House of the said Wheeler to be broken up, and ransacked; and after, without any Warrant, caused the Constables to make a Second Search in the said Wheeler's House for him; who making an Escape, Two of the Children of Wheeler, the Petitioner, were, by the said Constables, carried before the said Mayor, who committed them to Prison for Three Days and Three Nights; and, upon their Enlargement, were enforced to enter into a Recognizance, with Sureties, to appear at the then next Sessions; where nothing being proved against them, they were discharged, but not without Fees: By this Means the Petitioner's Husband being driven from his Calling, which maintained him and his Family, and being Three Years imprisoned, was enforced to leave the Kingdom. He dying in a Foreign Country, the Petitioner and her Children were thereby utterly ruined, there being Seven Hundred Pounds Losses and Damages alledged to be sustained. In Consideration of the Premises, and in regard there is no Ground in Law for to warrant or compel the railing in of the Communion Table, and in respect of the great Loss and Damage sustained by the said Wheeler, his Wife and Children, by the hard and unjust Dealing as aforesaid; the Lords Committees thought it fit, That Three Hundred Pound Damages should be given to the Petitioner, videlicet, One Hundred Pound to be paid by Robert Buxton the Mayor; One Hundred Pounds to be paid by Dr. Aylett; and One Hundred Pounds to be paid by Sir Jo. Lambe and Dr. Ducke, equally to be divided.

Hereupon the House did Order, That the said Robert Buxton shall pay One Hundred Pounds Damages to the Petitioner, and Dr. Ayllet One Hundred Pounds likewise for Damages; but for the Hundred Pounds conceived fit to be paid by Sir John Lambe and Dr. Ducke, the House did refer it to the further Consideration of the Lords Committees, to examine the Power and Virtue of the Warrant issued out of the High Commission Court.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 10^m diem instantis Februarii, 1640, hora 9^a, Dominis sic decernentibus.