House of Lords Journal Volume 4: 5 February 1629

DIE Jovis, 5 die Februarii,

Domini tam Spiri tuales quam Temporales, quorum nomina subicri buntur, præsentes fuerunt :

PRAYERS.

Absent Lord excused.

Lane vers Band.

It is this Day Ordered, That the Cause between Robert Lane and Fardinando Bande, Esquires, shall be heard in open Court, at the Bar, on Thursday, the Six and Twentieth of this Instant February, at Nine in the Morning, so as Notice thereof be left in Writing at the House of the said Fardinando Band, within these Seven Days.

And, upon the humble Petition of the said Roberte Lane, the Parties underwritten are assigned to be of Counsel with him: videlicet,

Sir Heneage Finch, Knight, Serjeant at Law, and Recorder of London,
Mr. Serjeant Crawley,
Mr. Calthrope, and
Mr. Richard Lane.

Fast days appointed.

The Lord Keeper signified to the House, That His Majesty hath appointed Wednesday, the 18th of this February, for the Fast to be kept by both the Houses of Parliament, and Friday the 28th of March for the whole Kingdom.

Lord Deyncourt complain of a Decree in the Chancery against him, in a Printed Brief.

The Lord Keeper signified unto the Lords, That this Morning (as he came into the House) he received from the Hands of the Lord Deyncourt a Printed Brief, containing divers Exceptions against a Decree made lately in the Chancery against him, on the Behalf of the Lady Leeke; in which Brief, divers Aspersions are laid on the Proceedings of that Court, and on the Justness of the said Decree; but the Lord Keeper said, he presumed the Lord Deyncourt did not conceive so ill of him as that Brief pretends, especially because his Lordship, when he delivered it, used many civil and courteous Words unto him; yet, finding a brief when there is neither Bill nor Petition exhibited into this House against the Decree, the Lord Keeper said he could do no less than declare the same to this House, lest, the Brief being printed and divalged, his Silence might be an Argument of Faultiness.

The Lord Deyncourt excused himself, That he meant no Ill; and yet affirmed, that the Lord Keeper had denied him a Second Commission to examine Witnesses, which was the Cause of his charging that Precipitation was used in the Hearing, and he also affirmed, that the said Brief was drawn by the Advice of David Waterhouse, of Counsel with him.

Whereunto the Lord Keeper replied, That he cannot directly remember all the Orders that he makes in the Court; and therefore required, that the Order for de nying the said Commission might be read, unto which he refers himself; and doubted not but the Order would appear just; and he required the Lord Deyncourt to produce the said Order, who neither produced the same, nor made any further Defence of what he had in formed.

The House taking this into then Consideration (the Lord Deyncourt withdrew according to Order), their Lordships thought fit, That this Imputation laid upon the Lord Keeper should be examined, and the Printers of Briefs and Petitions punished; and therefore Agreed, That the said David Waterhouse and the Printer should be sent for, to answer what could be objected against them herein; and the Lord Deycourte to be required to declare who else advised or counselled his Lordship herein.

The Lord Deyncourte, returning to his Place, stood up, and answered, That he himself began to pen that Brief, and that Waterhouse and none else did conclude the same, out of the Notes which his Lordship gave him; neither did he employ any Solicitor herein.

Then one of the Lord Deyncourt's Objections being read out of the Brief, videlicet,

That the Cause brake up abruptly, before some Part thereof was heard;

The Lord Deyncourte at first scemed to justify this to be true; affirming, that the Lord Keeper would not hear the Proof against the Will by which the Lady Leeke claimed; whereupon, the Order of Quarto Februarii, Anno Tertio Caroli Regis, made at the said Hearing, being produced by the Lord Deyncourte, was read by the Clerk; and it appeared thereby that the Lord Deyncourt was fully heard, and that his Lordship, having made no sufficient Proof of his Allegations against the Will, did not oppose the Will in that Cause.

Then the Lord Deyncourte affirmed, That Waterhouse put in those Words himself into the Brief, he only directed him to insert nothing but what he found proved in the Books; and his Lordship further said, that, if he hath committed an Eiror, it is through Ignorance, and he is sorry for it; wherewith the Lord Keeper rested satisfied, and earnestly besought their Lordships that this might proceed no further; but the House was not satisfied with this conditional Acknowledgement, and therefore then Lordships propounded to the Lord Deyncourt, to take Respite till another Day, and recol lect himself in the mean Time, and consider what Ac knowledgement he will make to satisfy the Lord Keeper's Honour, thus unjustly taxed by him.

Lord Deyncourts Counseller and Printer ordered to attend.

Whereupon the Lord Deyncourt, after some little Pause, protested, that he intended not to wrong the Lord Keeper, which now he perceives he hath done by this Brief, for which he is very heartily sorry; and acknowledged that the Lord Keeper had done him no Injustice in that Cause, whereupon the House declared the Lord Keeper clear of any unjust Imputation cast upon his Lordship herein; and Ordered, That all the said printed Briess be called in and suppressed; and that the Printer, and David Waterhouse who penned the same, be brought before their Lordships on Saturday next, at Nine in the Morning.

Glanvill and cooper vers. Clay and Seager.

The Lord Bishop of Lincoln reported, that the Lords Committees for Privileges, etc. having taken Consideration of the Petition exhibited by John Glarvill, Esquire, and John Cooper, Clerk, against Roger Clay, Merchant, and John Seager, Clerk; upon hearing the Parties on both Sides, and their Counsel Learned, and upon long Examination and Debate of the Matter and Procedings betwixt the said Parties, touching the Presentation, Institution, and Induction to the Vicarage of the Parish Church of, in the County of Devon, and Diocese of Exon, their Lordships were satisfied, that the said John Glanvill, having a Verdict in a Jure Patronatus sor his Title to present the said Mr. Clay and Mr. Segar, had taken many Courses to prevent the Instrution of the said Mr. Cooper, being the said Mr. Glanvill's Presentee; and that last of all the said Mr. Seagar, without the Privity of the said Mr. Glanvill, or of the said Cooper, had gotten himself to be instituted to the said Church, by the Court of Audience; and that the said Institution, and consequently the Induction thereupon, vas so obtained by and through the Breach of the Privileges of the Lords in Parliament, by serving a double Querell upon the Lord Bishop of Exon, containing in it a Citation to appear in the said Court of Audience, which was done by the said Mr. Segar, the Fourth Day of October last, within the Days of Privilege belonging to the Lords in Parliament; and, by taking Advantage of the Nonappcarance of the said Lord Bishop, (fn. 1) pronounced him Gontumax, for not appearing upon the said Citation, and so proceeded to give Institution, as in his Default, and to his Prejudice; which Courses of the said Mr. Clay and Mr. Segar their Lordships much misliked, and were of Opinion, That the said Segar had therein committed a Contempt against the Privileges of the House, and that he ought to take no Advantage of his own Wrong therein; and thereupon the said Mr. Seagar humbly submitting himself to the Censure of the House, their Lordships thought fit the House should be moved for an Order to be there made, That the said Mr. Segar should procure a Vacat to be made of the said Institution, and of the Induction thereupon, and of the Acts made upon the said Lord Bishop's Non-appearance, commanding the same; and should deliver up the Instruments thereof to be cancelled, and take no Benefit nor Advantage thereby, nor of any Proceedings by Colour thereof, since the said Fourth Day of October, when the said Privilege was violated by serving of the said double Querell; but that the said Mr. Segar do relinquish his Possession of the said Vicarage, and be to all Intents in the same State and Condition that he was before the said double Querell brought, and Privilege so violated as aforesaid; and that the Lord Chief Baron and Court of Exchequer be moved from this House, to stay all Proceedings upon the Bonds of the said Mr. Segar and his Sureties, entered into for the Payment of First Fruits, and for Non payment of Tenths and Subsidies, to His Majesty, for and in respect of the said Vicarage, until it may appear whether the said Cooper, as Presentee to the said Mr. Glanvill, or the said Mr. Segar, as Presentee to the said Mr. Clay, shall obtain the Incumbency of the said Church; and, in case the said Mr. Segar shall not finally obtain the same, then for the absolute Discharge of the said Bonds; and lastly the said Lord Bishop of Exon, who was now present, and the said Mr. Glanvill, whom their Lordships find to have suffered in the Miscarriage of this Cause, at the Motion of their Lordships, and to prevent the Delay or Interruption that might grow to either Party by the Breach of the Privileges of either House of Parliament, by the Serving of Process for the deciding of the Right of Presentation, Institution, or Induction to the said Church, from henceforth, for his Avoidance, the said Mr. Glanvill being a Member of the Commons House, were both contented, to that Purpose, to wave the Privilege of the Parliament; and either of the Parties are left to seek such lawful and ordinary Means for the Institution, and to commence or prosecute such Actions, for Trial of their Title, and Recovery of their Right, as they shall think fit; all which they humbly leave to the Consideration and Judgement of the House.

All which was Ordered accordingly.

The House is to be called on Monday next.

Maintenance of Hospitals, etc.

The Committee for Hospitals is to meet To-morrow, at Two in the Afternoon.

Claims to be heard Lord Percys Lord Aberga venny s.

Countess of Dorsets.

The Lords Committees for Privileges, etc. are to meet on Monday the Ninth of this Instant February, at Two in the Afternoon; to hear and consider of the Claim of the Lord Percy, for his Precedency; and to hear the like Claim of the Lord Abergavenny; and also to hear and consider of the Claim of Anne Countess Dowager of Dorsett, unto the Names, Styles, and Dignities of Clifford, Westm'land, and Vescy; and to report the same to the House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati proximum, videlicet, 7^m diem instantis Februarii, hora nona, Dominis sic decernentibus.