House of Lords Journal Volume 4: 7 February 1629

DIE Sabbati, 7 die Februarii,

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

PRAYERS.

Absent Lords excus'd.

Lord Deyn courts Counsellor at the Bar.

According to the Order of Quinto Febr. David Waterhowse, and the Printer (Felix Kingstone) of the Lord Deyncourt's Brief, were this Day brought to the Bar, David Waterhowse was first brought, and being charged by the Lord Keeper for penning and advising the said scandalous Brief, as being of Counsel with the Lord Deyncourte; and it being told him, that Lord Deycourt affirms he penned the same; and the said printed Brief being shewed him, and the Objections of Scandal in the same, videlicet, in the Fourth and Eighth Exceptions to the Decree, he answered (having first perused the same), "The Lord Deyncourt cannot say that I drew this Brief, for I drew it not; these Objections are not in that which I penned; these Words abruptly and precipitate are not in my Draught, nor many other Words here contained; the Lord Deyncourte hath that which I drew, all written with mine own Hand".

The Printer at the Bar.

Then he was withdrawn, and the Printer brought to the Bar; whose Petition was first read (delivered by the Earl of Dorsett), wherein he affirms, that he refused divers Times to print the said Brief, and demanded of one Marco (the Lord Deyncourt's Man) who brought it to him, if it were to be delivered unto the whole House of Parliament; who answered, No; and he was drawn by much Persuasion to print the same, it being for a Peer of Parliament, not knowing that any Danger might ensue thereof.

The Petition was read before he was brought to the Bar, and the House was moved, That he might be only admonished to print no more Briefs nor Petitions hereafter, and so to be dismissed out of the Serjeant's Custody, and his Fees to be paid by the Lord Deyncourt.

The Lord Keeper (accordingly) gave him a strict Admonition herein, and to admonish the other Printers thereof also; with this, that, if he offend in the like hereafter, he is to be grievously punished for the same.

The Printer affirmed, That the Lord Deyncourt had the Copy from him again.

The Lord Bishop of London affirmed, The Printer was very careful not to print any Thing which might be offensive to the Church or State.

Discharged.

This being said, the Printer asked Forgiveness very humbly, and so was dismissed; but his Fees are respited to another Time.

Waterhouse (the Counsellor) to attend again.

And David Waterhouse was remanded to The Fleet, and is to be brought hither again on Saturday, the Fourteenth of this February.

Ordered, The Lord Deyncourt to be required to be here then also.

Lord Deyncourt to attend at the same Time.

Memorandum, The Clerk signed an Order for the Lord Deycourt's Appearance on that Day, and de livered it to the Gentleman Usher.

And whereas the Lord Deyncourte alledged, on the Fifth of this February, that the Lord Keeper denied him a second Commission to examine Witnesses, as there appears, the Lord Keeper commanded the Clerk to read an Order of the Chancery, made by his Lordship 16 Octobris, Anno 3° Caroli Regis, by which it appeared, that his Lordship did grant unto the Lord Deyncourt further Time to examine his Witnesses, either by Commission or in Court, till within a Week before the End of the said Term; and the Lord Keeper did further declare, That Sir Gervise Clifton, one of the Commissioners, will testify, That the former Commission was sat upon at Newarke (where the Lord Deyncourt dwells) divers Days together; and that the Lord Deyncourte might then have examined many more Witnesses if his Lordship had pleased, but his Lordship then delayed the same, and the Lord Viscount Say did affirm, That Sir Gervise Clifton had told him as much.

Sir Humphrey Feriers and Sir Richard Brooke versus Lady Packington.

The Lord Archbishop of Yorke reported the Order conceived by the Committee for Petitions for Sir Humphrey Ferrers, and Sir Richard Brooke, against the Lady Packington, which was read as followeth.

"Whereas, in the Cause wherein Sir Humfrey Ferrers and the Lady Anne his Wife, and Sir Richard Brooke and the Lady Mary his Wife, were Plaintiffs against the Lady Dorothie Packington, the Relict of Sir John Packington, deceased, it was, on the Eighteenth Day of June last, Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, amongst other Things, To recommend the Cause to the Court of Wards, that the Injunction be no longer continued, to hinder the Proceedings in the Prerogative Court; and that Sir Humfrey Ferrers and Sir Richard Brooke, dismortgaging of the Land, may be either assured by the Lady Packington, the Relict, who hath the Administration, pendente lite, to be paid the said Sum of One Thousand Two Hundred Pounds within One Year, if the Prerogative Court shall find no Cause but to continue the said Administration in her, or else have the Administration revoked and granted to themselves; which, the Lords were of Opinion, was fitting for the Court of Prerogative to grant; now, forasmuch as their Lordships were informed, by the humble Petition of the said Sir Humfrey Ferrers and Sir Richard Brooke, and their said Wives, that, in Obedience to the said Order, they have dismortgaged the said Land, and cancelled the Deed of Mortgage; and that afterwards the said Lady Packington did openly, before the Judge of the Prerogative Court, affirm, that she would not give Security, or assure the said Twelve Hundred Pounds, according to the said Order of Parliament, and thereupon the said Judge revoked the Administration granted to her pendento lite, and granted the same to the Petitioners, according to the Lords said Order; and that, notwithstanding all this, the Lady Packington hath not only withstood the said Administration granted to the Petitioners, and refused to deliver to them the Personal Estate, but also hath appealed to some Judges Delegates from that Sentence, and Order made by the Judge of the Pre rogative Court Which Matters being opened at large, in Presence of the Parties themselves, Coun sel on both Sides being heard, it is this Day Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That the said Appeal, from the Court of Prerogative to the Delegates, be presently pronounced void by the said Delegates, because it doth directly cross and avoid the said Order of Parliament, dated the 18th Day of June; and that the said Delegates do remit the said Cause to the said Judge of the Prerogative; and that the Administration be there (according to the true Intent of the said former Order of the Lords) simply and absolutely granted to the said Petitioners."

Ordered accordingly.

Brisco, Akett, and Glaisters absolved from their Excommunication.

The Lord Archbishop of Yorke also reported, That the Lords Committees for Petitions, having heard the Petition of Robert Briscoe read, think fit, That the said Robert Briscoe and Frances his Wife, Robert Akett and Elizabeth his Wife, and David Glaisters, be absolved from their Excommunications by Mr. Singleton, Chancellor of Carliol; and that all Matters depending in Suit, between one Richard Glaisters and the said Brisco and others, do cease, until the Bishop of Carlile shall come into his Diocese, and take further Order therein; and the said Lords further think fit, upon the Information of my Lord Bishop of Norwich how vexatious a Man towards these poor People the said Chancellor is, to move the House to have him the said Chancellor sent for, by the Serjeant at Arms attending on this House, to answer this and other Complaints.

All which was Ordered accordingly.

Fast to be observed.

The Fast is to be kept by the Lords in the Abby Church at Westm. on the 18th Day of this Instant February, which Day was appointed by His Majesty.

Bishops to preach.

And the Lord Bishops of Lincoln and Exon are to preach that Day.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ proximum, videlicet, nonum diem instantis Februarii, hora nona, Dominis sic decernentibus.