House of Commons Journal Volume 7: 5 January 1657

Monday, the 5th of January, 1656.

Preston Rectory.

A BILL for the Disappropriating of the Rectory appropriate of Preston in the County of Suffolk; and for the Uniting and Consolidating of the said Rectory, and of the Vicarage of the Church of Preston aforesaid; was this Day read the First time, and, upon the Question, ordered to be read the Second time on Saturday next.

Jones' Estate.

A Bill for establishing, confirming, and settling certain Lands in Ireland, upon Colonel Theophilus Jones, towards the Satisfaction of his Arrears, was this Day read the First time; and, upon the Question, ordered to be read the Second time on Saturday Morning next.

Proceedings concerning Cole.

Resolved, That the Report, touching Rodney and Cole, be now received.

Mr. Pedley reports the Matter of Fact upon the Petition and Appeal of George Rodney and Sarah his Wife, Plaintiffs; John Cole, and others, Defendants; from the Committee to whom the same was referred; with the Resolutions of the Committee thereupon, as followeth; viz.

Resolved, That this Matter of Fact, and the Votes passed by this Committee, be reported to the House.

Resolved, That the Petitioner, George Rodney, on the 29th of June, in the Year 1640, entered into a Statute of 1,000£. for the Payment of 520£. at a Day then to come, unto Alice Pawlett; and that shortly after the Defendant, John Cole, married the said Alice, whereby he had an Interest in the said Statute and Debt.

Afterwards, about the 21th of March 1641, the said George Rodney, by the Hands of one Mr. Glover, paid to one Thorne the Sum of 317£. 13 s. by the Appointment of the said John Cole, and to his Use.

And that there was 200£. paid to one Chapman, besides the 317£. 13 s. in Satisfaction of the said Statute, by the Appointment of the Defendant John Cole.

Afterwards, in the End of the Year 1648, or in the Beginning of the Year 1649, the said Statute was brought to Mr. Thomas Turner, then Clerk of the Statute Office, without any Wax on the Cognisor's Label: Therefore he refused to certify the same.

And, about Three or Four Months after, it was brought to him again, with some Wax on the Cognisor's Label: and, if it had been so, when it was first brought to him, he declared, he would, without Order, have certified the same: But he, remembering that there was no Wax on the Cognisor's Label, when he first saw it, did then also refuse to certify the same.

Afterwards, the 13th of December 1649, the said Defendant John Cole obtained an Order of the Lords Commissioners of the Great Seal, to have the said Statute certified: Which was done accordingly; and the Lands and Goods of the said Rodney thereby extended.

Which Order follows in these Words:

Jovis xiii die Decembr' Anno Domini 1649, inter Johannem Cole Armiger' Querent', Georgium Rodney Ar' Defend';

UPON Consideration this Day had, by the Right honourable the Lords Commissioners for the Great Seal of England, of the Plaintiff's humble Petition, shewing, that the Defendant, about 1640, entered into a Statute of 1,000£. in Consideration for Payment of 520£. to Alice Pawlett, the Plaintiff's former Wife; and that the Principal Money, and a great Part of the Interest, being yet unpaid, as by Affidavit to the said Petition annexed appeared, and no Endeavour or Means being used by the Defendant to pay the same; the Plaintiff repaired to the Clerk of the Statute-Office, to have the said Statute, so entered into, to be certified, to the End he might extend the same: Howbeit, the Clerk, in respect a small Part of the Seal is casually broken off, refuseth to certify the same, notwithstanding the Statute is still in Force, and never vacated: And therefore it was prayed, that the said Clerk may attend their Lordships, and certify the said Statute: Whereupon it is ordered, for the Reasons aforesaid, and in Affidavit to the Petition annexed, That the Clerk of the Statutes do certify the said Statute, as is desired.

Exi' John Sandford.

The Affidavit, in the Order mentioned, follows, in these Words:

JOHN COLE Esquire maketh Oath, That George Rodney, of Lindhurst, in Com' Southampton, about 1640, entered into a Statute of 1,000£. for the Payment of 520£. Principal Money, to be paid in to Mrs. Alice Pawlett; and that, about 1641, this Deponent married with the said Mrs. Pawlett; and, by virtue thereof, the said Principal Money became due to this Deponent. And this Deponent further deposeth, That, considering the Interest due for the Forbearance of the said Money, and the Charge, with the Expences, which this Deponent hath been put unto, there is still really due unto this Deponent, from the said Rodney, by virtue of the said Statute, above the Sum of 500£. And he further deposeth, That the said Rodney doth obscure himself; by means whereof this Deponent is in Danger to lose the said 500£.; and that the said Statute is still in Force, and was never vacated or cancelled.

Jur.' 10 Die Decembr' 1649.

John Cole.

Robert Aylett.

Sheiffeild Stubbs.

Resolved, That it doth not appear to this Committee, that there was such a Petition as is mentioned in the said Order.

That the said Order was irregularly obtained.

That it is the Opinion of this Committee, that the Petitioner be forthwith restored to the Possession of the Lands and Goods extended by virtue of the said Statute, and relieved.

That it is the Opinion of this Committee, That the Lords Commissioners of the Great Seal should forthwith cause Possession of the Lands and Goods extended, to be restored, accordingly; and to use the Power of the Court, as in Cases where Possessions are wrongfully detained.

That it is the Opinion of this Committee, That the Defendant Cole shall pay to the Petitioners full Costs expended in Chancery, in avoiding and discharging the Extent; to be taxed according to the Course of Chancery.

That it is the Opinion of this Committee, That the Docquet and Inrollment of the Decree in Chancery, concerning the said Statute between the said Parties, was surreptitiously obtained, and therefore ought to be laid aside.

That the Sale made by the Sheriff to Mr. Cole, of the extended Goods and Chattels, was fraudulent, and is void.

Which was read.

Resolved, That this House doth agree with the Committee, That the Petitioner George Rodney, on the 29th Day of June in the Year 1640, entered into a Statute of a Thousand Pounds, for the Payment of Five hundred and Twenty Pounds, at a Day then to come, unto Alice Pawlett.

Resolved, That this House doth agree with the Committee, That shortly after the Defendant John Cole married the said Alice; whereby he had an Interest in the said Debt.

Afterwards, about the 21th of March 1641, the said George Rodney, by the Hands of one Mr. Glover, paid to one Thorne the Sum of Three hundred and Seventeen Pounds Thirteen Shillings, by the Appointment of the said John Cole, and to his Use.

Resolved, That this House doth agree with the Committee as to the Matter of Fact following; viz. Afterward, in the Year 1648, or in the Beginning of the Year 1649, the Statute was brought to Mr. Thomas Turner, then Clerk of the Statute-Office, without any Wax on the Cognisor's Label: Therefore he refused to certify the same.

And, about Three or Four Months after, it was brought him again, with some Wax on the Cognisor's Label: And, if it had been so, when it was first brought to him, he declared, he would, without Order, have certified the same: But he, remembering that there was no Wax on the Cognisor's Label, when he first saw it, did then also refuse to certify the same.

Proceenings concerning Cole.

Afterwards, the Thirteenth of December 1649, the said Defendant John Cole obtained an Order of the Lords Commissioners of the Great Seal, to have the said Statute certified: Which was done accordingly; and the Lands and Goods of the said Rodney thereby extended.

Resolved, That this House doth agree with the Committee, That it doth not appear to the said Committee, That there was such a Petition as is mentioned in the said Order.

Resolved, That this House doth agree with the Committee, That the said Order was irregularly obtained.

Resolved, by the Parliament, That the Petitioner be forthwith restored to the Possession of the Lands extended by virtue of the said Statute, and relieved.

Resolved, That the Petitioner be forthwith restored to all the Leases and Goods extended by virtue of the said Statute, and relieved: And, for such of the Goods as cannot be restored in Specie, he shall be answered for them, according to the true Value that they were of at the Time they were extended.

Resolved, That the Lords Commissioners for the Great Seal shall forthwith cause Possession of the Lands, Leases, and Goods extended, to be restored, accordingly; and the full Value of the Goods, in case the same cannot be restored in Specie; and to use the Power of the Court, as in Cases where Possessions are wrongfully detained.

Resolved, That Mr. Cole shall also render Damages for the Wastes, Spoils, and mean Profits.

Resolved, That the House doth agree with the Committee, That the Defendant Cole shall pay to the Petitioners full Costs expended in Chancery, in avoiding and discharging the Extent; to be taxed according to the Course of Chancery.

Resolved, That this House doth agree with the Committee, That the Docquet and Inrollment of the Decree in Chancery, concerning the said Statute between the said Parties, was surreptitiously obtained, and ought to be laid aside.

Resolved, That the Sale made by the Sheriff to Mr. Cole, of the extended Goods and Chattels, was fraudulent, and is void.

Resolved, That the Lords Commissioners of the Great Seal be required forthwith to put these Votes and Resolves in Execution.

Leave of Absence.

Resolved, That Mr. Wyndham have Leave to go into the Country.