House of Lords Journal Volume 4: 29 October 1641

DIE Veneris, videlicet, 29 die Octobris.

PRAYERS.

Archbishop of Canterbury's Interrogatories concerning Dr. Duck.

The Earl of Warwicke reported to the House, "That himself (fn. 1) and the rest of the Lords Committees had been with the Archbishop of Cant. and, according to their Lordships Order, have examined him upon certain Questions, which they thought to be material, in the Business concerning the Patent made by him to Dr. Ducke, of the Prerogative Office; and the Archbishop hath given his Answer to the several Interrogatories under his own Hand-writing, which the House commanded to be read, as followeth: videlicet,

1. Question.

"Did your Grace make any Patent of the Place and Office of the Judge of the Prerogative Court unto Dr. Ducke, within this Month or Two, or Three or Four Months? And did your Grace sign or seal any such Patent?

Answer.

"I did, in April last, upon Information of Sir Henry Marten's Sickness, and a strong Report that he would then die, require Mr. Latham to draw an Instrument ready upon all Occasions. This Instrument he did draw and bring to me, and I did seal; but, because I meant to keep it by me, and in my own Power to dispose, I did neither read it, nor cause it to be read to me; and therefore cannot say, upon my certain Knowledge, that it was a Patent of the Judge of the Prerogative to Doctor Ducke.

2. Question.

"Did Dr. Ducke, by himself, or his Proctor or Assign, surrender up again unto your Grace's Hands any such Patent of the Place of Judge of the Prerogative, as is before-mentioned?

Answer.

"He did not.

3. Question.

"What is become of the said Patent, as your Grace knoweth or believeth? Have you ever said, that now the said Patent was not in rerum natura? Is it canceled or burned? If it be canceled, where is it, that the Lords may see it?

Answer.

"The Instrument which I did seal (as I conceive I legally might, and as legally keep by me and revoke it if I saw just Cause), when I saw Doctor Ducke not here, and that it was voiced the Gift of the Office should be taken from me, I presently canceled it with my own Hand, and made a Patent to a very worthy Man, Dr. Merricke, and sent him to Canterbury for Confirmation, which he obtained. In all which, to my Understanding, I did nothing but that which is just and legal. After the canceling, I did with my own Hands cut that Instrument (whatever it was) into small Pieces, and gave it my Servant to throw into the Fire, which he did accordingly. And I did say to Dr. Ducke, that, if he had been in Town, I would have given him the Office, which is most true; and so I expressed myself openly at the sealing of Dr. Merrick's Patent; and I said also to him then, that whatsoever it was which was formerly sealed, was not in rerum natura; nor is it.

4. Question.

"What moved your Grace to stay this Patent made to Dr. Ducke, and to make another Patent of the same Office to Dr. Merricke?

Answer.

"I do humbly conceive, that I have sufficiently answered this, in my Answer to the Third Interrogatory.

5. Question.

"Did you make the Patent to Dr. Ducke, bona fide? and did you conceive the said Patent so made to be good and valid?

Answer.

"Whatever I did, or intended, to Dr. Duck, was done by me bona fide. But I did nothing that I conceive was to other End than to keep the Office in my own Power, that I might give it to him, or whom I pleased, when Time should serve. And I do humbly conceive that the Instrument which was then sealed is neither good nor valid in Law."

Dr. Duck to search for Records.

Witnesses for him.

After this, it was moved, on the Behalf of Dr. Ducke, "That he might have an Order of this House, to have Power to search Records in Canterbury, or any other the Archbishop's Records in or about London, concerning the Patents of the Prerogative Office, or others, which have been granted in Reversion; and that Edward Latham, Humphry Terricke, Public Notaries, Doctor Littleton, of Litchfeild, and Alexander Southwood, Public Notary, may be required Personally to appear, at such Day as their Lordships shall please to appoint for hearing the said Cause between and Dr. Merricke, to testify their Knowledge in his Behalf." All which this House granted, and Ordered the same accordingly; and further Ordered, That the said Cause shall be heard the 9th Day of November next, at which Time the Parties on both Sides are to attend this House.

A Message was brought from the House of Commons, by Mr. Pierpointe:

Message from the H. C. to postpone the Trial of Justice Berkeley.

To let their Lordships know, that, by reason many of their Witnesses are in Places remote, so as they cannot be ready for the Trial of Mr. Justice Berkeley on the 2d of November next; therefore the Desires of the House of Commons are, that their Lordships would be pleased to take the same into their Consideration, and put the Trial off for some longer Time.

His Trial put off.

Ordered, That the Day of Trial of Mr. Justice Berkeley is put off from the Day appointed, until this House gives further Order herein; and Mr. Justice Berkeley is to have speedy Notice hereof.

Next was read the Certificate of the Two Chief Justices, in the Case of Cooke and Blackston, referred to them by Order of this House: videlicet,

"May it please your Lordships,

Certificate of the Two Chief Justices, concerning Cooke and Blackiton.

"According to your Lordships Order of the 9th of September last, touching the Business between John Cooke, Clerk, Plaintiff, and Benjamin Blackston, Defendant, we have heard the Parties and their Counsel on both Sides; and we find that the said John Cooke was presented, admitted, instituted, and inducted, into the Rectory of West Thorney, in Sussex, after the Death of Godfrey Blackston, former Incumbent there, who died in the Month of January, 1637; and that Mr. Blaxton procured a Superinstitution to this Church, and, by Colour thereof, hath gotten the Possession from Mr. Cooke: We are of Opinion, that the Superinstitution of Mr. Blackston is void, and that Mr. Cooke ought to be restored to his Possession, and to hold the same quietly, until he shall be evicted by Course of Law: And we think fit that Mr. Blaxton should be left to his Remedy and Course of Law, to try his Title to the same Church, and for such Wrongs as he supposeth that Mr. Cooke hath done unto him; and that Mr. Cooke be left also to his Remedy and Course in Law for such Wrongs and Damages as he doth alledge that Mr. Blaxton hath done unto him. All which we humbly submit to your Lordships Wisdoms.

25 October 1641.

"Jo. Bramston,
Jo. Bankes."

Order upon it concerning the Rectory of West Thorney.

Upon this, the House Ordered, That the Possession of the Rectory of West Thorney shall be settled upon the said John Cooke, according to the aforesaid Certificate; and that the Sheriff and Justices of the Peace shall give him Possession, and continue him quietly in the same, until he shall be evicted by Course of Law; and that the rest of the Certificate is hereby fully confirmed, and Mr. Blaxton left to his Remedy and Course of Law, to try his Title to the same Church.

Pluralities and Non-residents.

Ministers put out for not reading the Book concerning Sports on the Sabbath.

Ordered, That the Committee appointed for the Bill against Pluralities and Non-residency shall meet this Afternoon, at Three of the Clock, and shall have Power to receive the Complaints, and hear the Causes, of such Ministers as have been unjustly put out of their Livings (being their Freehold), for refusing to read the Book for allowing of Sports and unlawful Games on the Sabbath-day; and, upon a full Examination hereof, they are to report the same to this House, which will proceed therein according to Justice.

Sir Arthur Gorge ill-treated in the King's-Bench Prison.

Delinquents sent for.

Whereas it was reported this Day to the House, by the Lords Committees for Petitions, "That Sir Arthur Gorge, Knight, now a Prisoner in The King's Bench, under the Custody of Sir William Middleton, Baronet, hath been most outrageously assaulted, and set upon, and beaten, by Ralph Whilster and Henry Barker, and others of Sir William Middleton's Servants, and also hath been abused by base and unworthy Speeches and Threatenings from them, to the Danger of his Life; for which Offences the Lords Committees have thought the Persons aforenamed do deserve the Censure of this House, but leave it wholly to their Lordships (fn. 2) to inflict it; and withall, their Lordships presented to this House the humble Requests of Sir Arthur Gorge to this House, which was, That he might be no longer under the Custody of Sir Wm. Middleton nor his Agents, but transmitted to the Custody of Sir John Lenthall, Knight, who is the Chief Keeper of that Prison:" Hereupon it is Ordered, That the Offenders, Ralph Whilster, Henry Barker, George Hues, with Two others of Sir William Middleton's Servants, shall appear before this House To-morrow Morning, at Nine a Clock, at which Time Sir Wm. Middleton and Sir John Lenthall shall attend their Lordships likewise, and such Witnesses (fn. 3) as formerly appeared in this Cause.

E. Marshal's Claim to the keeping the King's-Bench Prison.

Memorandum, The Earl Marshal desired Leave of this House to put in his Claim to the Prison of The King's Bench, which he conceived to belong to him, as Earl Marshal; which this House agreed to.

Warner and Armstead.

Upon Information this Day made in this House, "That there was a Stay made of the Performance of the last Order between Warner and Armestead, dated the 13th of August last, upon some Misunderstanding of an Order made on the Behalf of one Bergin;" it is now Ordered, That the said George Warnor shall be first satisfied and paid all such Monies, both for the satisfying of himself, and those Artificers that he employed (and stands engaged for to pay), upon the Ship called The St. John Baptist, as are mentioned in the said Order, without any longer Delay; and then the said Bergin to be paid, if any shall remain; and what shall then be left, shall be paid unto the said Armestead or his Assigns: And this is to be a sufficient Authority unto the Right Honourable the Lord High Admiral of England, or his Marshal, in whose Hands the Money now is, to pay the several Persons accordingly.

Witnesses about the ill Counsel given the Army.

Delinquents for Contempt in Sir Wm. Killegrew's Cause sent for.

Ordered, That the Persons that have disobeyed and contemned the Order of this House, in Sir William Killegrewe's Cause, shall appear here To-morrow Morning, to answer the same; as for the Riots, and taking and carrying away of Seed, &c. which concerns the Law to enquire after, their Lordships referred that Part to be proceeded in before the Justices of Assize, or any other due Course of Law, as the Parties grieved shall be advised.

Contand Conduct Money in Glocestershire.

The Earl of North'ton presented to the House a Letter sent to him from the Justices of Glocestershire, which was, "An Account how they have distributed the Money which was collected for Coat and Conduct Money in that County, which, by Order of this (fn. 4) House, was to be restored:" Hereupon it is Ordered, That the Consideration of the aforesaid Letter is referred to the same Lords Committees as were formerly appointed for this Business, and to report the same to the House.

Confirmation of the Lord General's Orders to be published.

Ordered, That the Resolutions of the House of Commons, to which this (fn. 3) House consented, concerning the Confirmation of the Orders made by the E. of Holland, Lord General of His Majesty's Army in the North, shall be printed and published.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Sabbati, 30^m diem instantis Octobris, hora nona, Dominis sic decernentibus.