House of Lords Journal Volume 10: 5 February 1648

DIE Sabbati, 5 die Februarii.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Baker to be instituted to Linden.

Ordered, That Doctor Aylett do give Institution and Induction unto Abell Baker Clerk, Master of Arts, to the Rectory of Linden, in Com. Rutland, void by the Death of Nath. Gulson, the last Incumbent; salvo Jure, &c. Presentation under the Hand and Seal of Abraham Johnson Esquire, Patron.

Weaver versus Clifford E. of Cumb.

Upon reading the Petition of John Weaver, concerning the reversing of a Judgement:

(Here enter the Petition.)

It is Ordered to be referred to Mr. Justice Bacon, Mr. Justice Roll, Mr. Justice Pheasant, and Mr. Baron Atkins, to consider in what Way to proceed to give Relief to the Petitioner in this Case; and to report the same to this House.

Dingley's Ordinance to be Vicar of Eccleston.

An Ordinance for making Mr. Rob't Dingly Minister of Eccleston, in the County of Lancaster, was read, and Agreed to.

Nicholson's Petition.

Upon reading the Petition of Mr. Nicholson:

It is Ordered, That the Parties concerned or Mr. Tolson shall have a Sight of the Petition, and return Answer within Three Days.

Smith and Davis.

Ordered, That the Cause between Smyth and Davis, upon the Petition of Smyth, shall be heard, at this Bar, the First Friday after the End of this Term.

Trustees for Impropriations.

The Report of the Judges, concerning the Trustees for Impropriations, was read. (Here enter it.)

Nuisance of Hackney Coaches in The Strand.

Mr. Justice Rolls reported, "That he and Mr. Justice Bacon, having considered of a Nuisance complained of by the Inhabitants of The Strand, and the Shop-keepers of The New Exchange; and they think the most proper Course for suppressing them, is, to have them indicted in the King's Bench for Nuisancy."

Which the House gave the Judges Directions to proceed against them.

Sir John Maynard brought to receive his Charge.

This Day the Lieutenant of The Tower brought Sir John Maynard to the Bar.

And the Speaker told him, "That the Lords did send for him to appear this Day, to receive his Articles of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against him; and commanded him to kneel at the Bar, as a Delinquent."

Sir John Maynard refused; but desired, "That the Doors of the House might be set open for anybody to come in that would; and this House not to be made private as the Council Table was:" And he said, "This Way of Articles was not a Way of Proceeding of this Kingdom: Therefore he, being a Commoner of England, and a free born Subject, was to be tried as a Commoner, by Bill or Indictment in the Inferior Courts of Justice; and desired Counsel to speak to it." He also (being again commanded to kneel as a Delinquent) refused; saying, "He did not come to make Bargains."

Upon this, the House commanded the said Sir John Maynard to withdraw.

And the Lords Ordered, That he should hereby be fined Five Hundred Pounds for his Refusal, in not submitting himself to the usual and ordinary Way of Proceeding of this House, upon Articles brought from the House of Commons against him.

Fined 500 £. for refusing to kneel;

Then the House commanded, that Sir John Maynard shall be brought in again.

And the Speaker told him, "That this House hath fined him Five Hundred Pounds, for his Refusal in not submitting himself to the usual and ordinary Way of Proceeding of this House, upon Articles brought up from the House of Commons against him."

And did let him know, "That the Lords have ordered, That the Articles brought up from the House of Commons, the 28th of January last, should be read."

He refused to hear them read.

The Articles being read; the Speaker told him, "Now his Articles have been read, he might have a Copy of them if he would, and that he is to put in his Answer to them within Fourteen Days."

He replied, "He did not hear them read; and protested against the Reading of them; and that these Articles brought up against him were not believed by them that drew them and sent them up:" And he said (comparing this Proceeding against him with the Proceedings of the Council Table), "That he did admire the Justice of the Council Table, in regard of the arbitrary Proceedings against him."

Committed to The Tower:

After this, he was commanded to withdraw.

And it is Ordered, That the said Sir John Maynard, being impeached by Articles of the Commons, assembled in Parliament, whereby he stands charged of High Treason and other High Crimes and Misdemeanors, shall stand committed to the Prison of The Tower of London, and there to be kept in safe Custody until the Pleasure of this House be further signified: And this to be a sufficient Warrant in that Behalf.

To the Lieutenant of The Tower of London.

His Fine to be estreated.

Ordered, The Fine of Five Hundred Pounds upon Sir John Maynard shall be presently estreated into the Exchequer.

Committee to consider of vindicating the Honour of this House, against such Contempts.

Ordered, That these Lords following are to consider which Way to vindicate the Honour of this House, and prevent the like for the future from the like Contempt which Sir John Maynard offered now at the Bar; and to report the same to this House:

Any Three; to meet on Monday Morning.

Message from the H. C. with Letters to The States General, &c.

A Message was brought from the House of Commons, by Mr. Pierrepont; who brought up Two Letters, wherein they desire their Lordships Concurrence:

1. A Letter to The States of Holland.

(Here enter it.)

Agreed to.

2. A Letter to The States Generall of The United Provinces of The Netherlands. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this (fn. 2) House agrees in these Letters.

"High and Mighty Lords,

Letter of Credence to The States General for Mr. Strickland.

"We are commanded, by the Parliament of England, to signify unto you, That they have nominated and appointed Walter Strickland Esquire, a Member of the House of Commons, their Commissioner to be Resident with your Lordships: And therefore, in the Name of the Parliament of England, we are to desire your Lordships to give him Audience as often as he shall desire it, and also to give him full Credit in those Things which shall be propounded by him, on the Behalf of the Parliament of England.

"Your Lordships

"Very affectionate Friends and Servants."

"High and Potent Lords,

D° To the States of Holland.

"We are commanded, by the Parliament of England to signify unto you, That they have nominated and appointed Walter Strickland Esquire, a Member of the House of Commons, their Commissioner to be Resident with your Lordships: And therefore, in the Name of the Parliament of England, we are to desire your Lordships to give him Audience as often as he shall desire it, and also to give him full Credit in those Things which shall be expounded by him on the Behalf of the Parliament of England.

"Your Lordships

"Very affectionate Friends and Servants.

"To the High and Potent Lords The States of Holland."

Weaver versus Clifford, since E. of Cumberland.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of John Weaver, a Member of the House of Commons;

"Humbly sheweth,

"That your Petitioner's Father (lately deceased), in Hillary Term, 43° Eliz. brought an Action of Debt, in the Court of King's Bench, for Two Hundred and Forty Pounds, against Francis Clifford Esquire (after Earl of Cumberland), as Sheriff of the County of Yorke, for suffering one Carre (his Kinsman) to escape out of Execution; unto which Declaration the Defendant having demurred, the Demurrer being joined, the same by continual Prosecution continued undecided until Michaelmas Term, Anno Jacobi 11°; and then your Petitioner's Father obtained Judgement thereupon, to recover the said Debt with Costs of Suit.

"The Defendant, the same Term, exhibited a Bill in Chancery, to be relieved against the said Judgement; which afterwards, about Hillary Term, Anno 21° Jacobi, was dismissed that Court.

"That the Defendant, in or about that Time, procured a Writ of Error, and the Record certified into the Exchequer Chamber, and there continued undetermined until Trinity Term, Anno 8° Regis Caroli, at which Time it was alledged for Error, That, in the Capias ad Satisfaciend. the Word ["Caperet]" was omitted in the Declaration upon the File, being the Ground of the said Action; which afterwards, upon a Diminution alledged by your Petitioner's Father for a Certificate thereof in the Court of King's Bench, the Judges there, upon View of the said Declaration upon the File, finding the said Word ["Caperet"] razed out, and very suspicious to be done by Corruption, did, upon a Writ of Diminution brought, order the same to be amended, and the Word ["Caperet"] to be inserted; which was accordingly done, and so certified, and the Record thereby perfected in the Exchequer Chamber.

"That, in Paschæ 8° Caroli Regis, the File being so perfected, by inserting the Word ["Caperet"], being all the Cause of Error in the said Record; upon Hearing thereof the same Term, it was put over with a Cur advisare vult for that Time, and so was for many Terms afterwards; your Petitioner's Father constantly attending, with his Counsel, to his very great Charge, from Term to Term.

"That afterwards, Sir Robert Heath, Knight, being then Lord Chief Justice of the Court of Common Pleas (with whom your Petitioner's Father had formerly some Suits at Law for Money he (fn. 3) owed him), together with Baron Trevor and some other Judges present, as your Petitioner's Father was informed, neither he or his Attorney having Notice of any further Day of Hearing, or having any Counsel there; the said Judgement was reversed; but upon what Ground, or for what Cause, your Petitioner's Counsel cannot be informed, who do confidently affirm unto him, that there was no Error whereby it could be legally reversed.

"Now, forasmuch as by such illegal Proceedings the principal Debt of Two Hundred Forty Pounds, forborne above Forty Years, and the Costs and Charges of the said Suit (amounting to nigh Three Times so much as the Principal Debt), are in Danger to be lost; for Relief wherein, your Petitioner's Father in his Life-time did present an humble Petition to this Honourable House, who had not Leisure to take the same into Consideration;

"Your Petitioner humbly prays your Lordships to order such Course, as that the Cause of Reversal of the aforesaid Judgement may be speedily examined, whilst the Attorney and Counsel of the Plaintiffs are living, who have been retained in the said Suit from the Beginning; that so, if there appear no just Cause for the same (as your Petitioner hopes there will not), he may be relieved, by having the said Judgement affirmed, or otherwise as to your Lordships shall think meet."

"And your Petitioner shall pray, &c."

Report concerning the Decree against the Trustees for Imropriations for charitable Uses.

"Secundo Die Februarii, A° Domini 1647.

"According to your Lordships Order of the 21th of January last, we have considered of the Matters referred to us:

"And as touching the Decree in the Exchequer Court, in Hillary Term, 8° Caroli Regis, against Doctor Gouge, Charles Ofspring, Samuell Browne, and others, Trustees for buying in Impropriations and Advowsons for Charitable Uses, we are of Opinion, That the said Decree, and Orders thereupon made, may be most legally reversed by this Honourable House, if just Cause shall be conceived by your Lordships so to do.

"And as touching the restoring and re-conveying the Lands to the said Trustees; we are not certainly informed, whether any Conveyance thereof were duly executed to His Majesty, nor in whom the Estate doth now remain; in which respect, we leave that Part to the Counsel of the Trustees, to offer to your Lordships such Ways as shall be thought most meet.

"All which nevertheless we humbly submit to your Lordships grave Wisdoms.

Sir John Maynard's Fine estreated.

"Carolus, Dei Gratiâ, Angliæ, Scotiæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Dilecto sibi Joh'i Browne, Ar. Clerico Parliamentorum suo rm, Salutem. Volentes, certis de Causis, certiorari super quodam Fine Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Joh'em Maynard, Mil. Balnei, pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eadem Curiâ super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Joh'es Maynard de Altâ Proditione aliisque Criminibus & Malegestur. impetit. & onerat. existit: Vobis mandamus, quod Finem prædictum in Scriptis redact. cum omnibus ill. tangen. Nobis, in Cancellar. Nostram, sub Sigillo vestro distincte & apertè sine Dilatione mittatis, & hoc Breve.

"Teste Meipso, apud Westm. 22 Die Aprilis, Anno Regni Regis 24°.

"Lenthall."

"Extractus Finis unde in Brevi huic Schedulæ annex. fit Mentio; (videlicet,)

"Die Sabbati, 5° Die Febr. 1647.

"Finis Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Joh'em Maynard, Mil. Balnei, pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eadem Curiâ super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Joh'es Maynard de Altâ Proditione aliisque Criminibus et Malegestur. impetit. & onerat. existit, assess. ad £.500."

Adjourn.

House adjourned till 10^a, Monday Morning next.