House of Lords Journal Volume 4: 12 June 1641

DIE Sabbati, videlicet 12 die Junii.

PRAYERS.

Reference about L. Morley's, Trial, for the Murder of Clarke.

Ordered, To be referred to the Committee of Privileges to consider of the Manner of Trial of the Lord Morley and Mounteagle, a Peer of this House, who stands indicted with Captain Kirke, in the King's Bench, for the Murther of Clarke. Their Lordships are to meet on Tuesday next, in the Afternoon, at which Time the Judges of the King's Bench are to attend the Committee.

Depredations by the French.

The Earl of March, Lord Warden of the Cinque Ports, informed the House, "That he had received Letters from Dover, (fn. 1) that divers Ships of our English Merchants have been lately taken by the French, and made Prize of, which conduces much to the Prejudice of our Merchants." Hereupon the Consideration is referred to the Committee of Petitions, to be heard on Wednesday next, in the Afternoon.

Likewise the Lord Admiral acquainted the House, That he had received Informations from Sir John Pennington of divers French Ships, that do frequent our Harbours, and, under that Pretence, do take divers of our Merchants Ships, and carry them into France as Prize; which he hath acquainted His Majesty with; and it being a Business of such great Consequence between the Two States, His Majesty commanded his Lordship to make it known to this House, and commits the Business to their Lordships Consideration."

Hereupon it is Ordered to be referred to the Committee of the whole House, to be debated on Thursday Morning next, and so to prepare for a Conference with the House of Commons.

Committee for Sir Peirce Crosbie's Cause.

Ordered, That the Earl of Dover and the Lord Bishop of Lincolne be added to Sir Peirce Crosebie's Committee, and the Quorum to be reduced to Five.

Report about the Canons, made at the late Synod.

After this, the Lord Bishop of Lincolne reported the Conference delivered from the House of Commons, touching the Canons made at the late Synod.

Next, was read the Votes of the House of Commons, concerning the Canons; which being read, this House resolved to vote the same verbatim: videlicet,

"Resolved, upon the Question,

Votes of both Houses concerning them.

"That the Clergy of England, convented in any Convocation, or Synod, or otherwise, have no Power to make any Constitutions, Canons, or Acts whatsoever, in Matter of Doctrine and Discipline, or otherwise, to bind the Clergy or the Laity of this Land, without common Consent of Parliament.

"Resolved, upon the Question, nullo contradicente,

"That the several Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Cant. and Yorke, Presidents of the Convocations for the respective Provinces of Cant. and Yorke, and the rest of the Bishops and Clergy of those Provinces, and agreed upon with the King's Majesty's Licence in their several Synods begun at London and Yorke 1640, do not bind the Clergy or Laity of this Land, or either of them.

"Resolved, upon the Question,

"That these Canons and Constitutions Ecclesiastical, treated upon by the Archbishops of Cant. and Yorke, Presidents of the Convocations for the respective Provinces of Cant. and Yorke, and the rest of the Bishops and Clergy of those Provinces, and agreed upon by the King's Majesty's Licence, in their several Synods begun at London and Yorke in the Year 1640, do maintain in them many Matters contrary to the King's Prerogative, to the Fundamental Laws and Liberties of the Realm, to the Right of Parliaments, to the Propriety and Liberty of the Subjects, and Matters tending to Sedition, and of a dangerous Consequence.

"Resolved, upon the Question,

"That the several Grants of the Benevolence, or Contribution, granted to His most Excellent Majesty by the Clergy of the Provinces of Cant. and Yorke, Anno Domini 1640, are contrary to the Law, and ought not to bind the Clergy."

Court of York.

Ordered, That Mr. Attorney General be heard speak upon Monday Morning next, touching the Legality of the Court of Yorke.

L. C. J. K. B. Leave to be absent.

Ordered, That the Lord Chief Justice of the King's Bench hath Leave to go into the Country for a few Days.

Order in the Cause of Bagshaw & al. versus Bagshaw.

Upon the Report of the Lords Committees for Petitions, "That their Lordships had heard and considered of the Petition of Edward Bagshawe, Henry Bagshawe, Mary Bagshawe, and Margarett Wright, Plaintiffs, against Thomas Bagshawe (Brother of the said Petitioners) Defendant; and that the said Tho. Bagshawe had been heard at large what he could say for himself before their Lordships;" it is Ordered, by the Lords in Parliament, and by the Assent of the Parties, That the said Thomas Bagshawe shall put in such convenient Security, within Four Days after the Date hereof, as by Ellyze Woodrooffe, Esquire, shall be thought fit, and allowed of, for the Payment of the Portions of the Petitioners, Mary Bagshawe and Margarett Wright, according to their Father's last Will and Testament; and that the said Tho. Bagshawe shall give such Security as aforesaid, or by Land, to pay One Annuity of Twenty Pounds per Annum to the said Edward Bagshawe, for Term of his natural Life, at the Four usual Feasts of the Year, the first Payment whereof is to begin at Michaelmas next; and it is further Ordered, That, after the Security given by the said Tho. Bagshawe, as by this Order is directed, then the said Edward Bagshawe shall release, with a Fine, unto the said Thomas, all his Estate, Right, Title, Interest, Claim, and Demand, in and to the Lands and Goods of Tho. Bagshawe the Father, deceased, and by him conveyed to the aforesaid Tho. Bagshawe, excepting the said Annuity of twenty Pounds per Annum; and also that a Statute of Sixteen Hundred Pounds entered into by the said Tho. Bagshawe the Son, to John Gell, Esquire, and Tho. Lovinge, Gentleman, shall be discharged [and (fn. 2) made] void; and lastly, that the said Tho. Bagshawe shall make a Release unto the said Edward, of all Debts, Dues, and Demands whatsoever, from the Beginning of the World, until the Date hereof; and that Mr. Woodrooffe is desired by the Lords to see all Things perfected between the Parties, according to the true Intent of this Order.

Order between Hawke and Den.

Upon Report made this Day to the House, from the Lords Committees for Petitions, That the Counsel of Michaell Hawke, Clerk, Petitioner, and Jo. Hawke, Clerk, the present Incumbent of the Rectory and Church of Upminster, in the County of Essex, had been heard before their Lordships; and that it appeared unto them that the Petitioner was inducted and presented to the said Church and Rectory of Upminster, and did execute the Cure thereof in Person for many Years, until, by the Prosecution of one Christopher Denn, he was imprisoned, degraded, and deprived of the said Rectory, by the High Commission Court, notwithstanding he made it appear that he had pleaded his Pardon of 21°Jac. which took away his Offences proved against him, which their Lordships conceived to be illegally done; since which Deprivation, and after the Death of the said Christopher Denn, the said Jo. Hawke was presented, instituted, and inducted into the said Rectory and Church of Upminster: In Consideration of all which, and in Recompence and Satisfaction of the said Deprivation and Loss of the said Michaell Hawke's Freehold, for Term of his Life; it is thought fit, and so Ordered, by this House, and by the Assent of the Parties, that the said Michaell Hawke shall Yearly receive, during his natural Life, out of the said Rectory of Upminster, by the Hands of the said Jo. Hawke and his Successors, Parsons there, the Sum of Forty Pounds per Annum, payable at The Feast of St. John the Baptist, St. Michaell the Archangel, The Birth of our Lord God, and The Annunciation of the Blessed Virgin Mary, by equal Portions, the First Payment to begin at The Feast of St. Jo. Baptist next ensuing the Date hereof, by reason of the Charges and Expences of the said Michaell Hawke hath been at in this Suit; and further, the said Jo. Hawke shall give unto the said Michaell Hawke his own Personal Security, as he shall be advised by Counsel, for the Payment of the said Forty Pounds per Annum, accordingly for his Time, if the said Jo. Hawkes shall so long live; and that the said Michaell Hawkes shall give his own Personal Security to the said Jo. Hawke for his peaceable and quiet enjoying and possessing of the said Rectory of Upminster, as by his Counsel he shall be advised, so long as the said John Hawke shall duly pay, or lawfully tender to be paid, unto the said Mich. Hawke, the said Sum of Forty Pounds per Annum, in Manner and Form abovesaid.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præseus Parliamentum continuandum esse usque in diem Lunæ, videlicet, 14^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.

Huc usque examinatur per Dominos nos,

Warwicke.
Hen. Dover.
Tho. Duresmt.
Phillip Wharton.