House of Lords Journal Volume 9: 15 July 1647

DIE Jovis, 15 die Julii.

PRAYERS, by Mr. Taylor.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Ordinance concerning Dr. Clarke to be Judge of the Admiralty, as it was sent down: To the rest, they will send an Answer by Messengers of their own.

Report from the Admiralty Committee about Smith, the Marshal.

Upon reading a Report from the Committee for the Admiralty and Cinque Ports, and a Petition of Solomon Smyth, Marshal of the Court of Admiralty.

(Here enter them.)

Ordered, That the Business of Solomon Smyth shall be heard, by his Counsel, on Wednesday next; and the other Parties concerned are to have Notice of it.

E. of Newport, Leave to stay in Town.

Ordered, That the Earl of Newport hath Leave to stay in Town.

Serjeant Fynch, Leave to be absent.

Ordered, That Mr. Serjeant Finch shall have Leave to go into the Country.

Message to the H. C. about Horses being to the French King;

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

1. To desire their Concurrence, in a Pass for Ten Horses, to be transported into France, for the Use of the French King, Custom-free.

and Murray's Pass.

2. To desire their Concurrence, that Mr. Henry Murray shall have a Pass, to go to the King.

Pass for the E. of Derby's Children.

Ordered, That the Children of the Earl of Darby, (videlicet,) the Lady Katherin Stanley, the Lady Amelie Stanley, Mr. Edward Stanley, Mr. Will'm Stanley, shall have Liberty to transport themselves, with their Servants and Goods, from the Isle of Man, to any Port of this Kingdom; and the Vessel wherein they shall be embarked to pass without Lett or Molestation: Provided, That they bring nothing with them prejudicial to the State.

Gregg and Woodward.

The Cause between Gregg and Woodward, upon a Writ of Error, came this Day to a Hearing.

Ordered, That the Record shall be remitted, and an Affirmatur to be awarded.

Brown & al. and, Morris & al.

The Cause of John Browne Esquire, Clerk of the Parliaments, Sir Adam Littleton Baronet, & al. versus John Morris & al.

Butler, a Pass.

Ordered, That Cornet George Butler, with his Servants and Necessaries, shall have Liberty to go into Fland'rs.

L. Capel to be released, on Bail.

Ordered, That the Lord Capell shall be released of his present Restraint, until the First of October next, upon good Bail, he to enter into One Thousand Pounds, and Two Sureties in Five Hundred Pounds apiece; to render himself a true Prisoner at the same Time.

Willis and Coytmore.

Ordered, That the Cause between Mr. Willis and Mr. Coytmore be heard To-morrow, at Ten.

Morris, alias Poyntz, to be attached.

Ordered, That the Gentleman Usher attending this House, or his Deputy, shall attach the Body of John Morris, alias Poyntz, and keep him in safe Custody, until the Pleasure of this House be farther signified, for forging an Act of Parliament: And this to be a sufficient Warrant, &c.

To the Gentleman Usher, &c.

Brown, Cler. Parl. Sir A. Littleton, & al. versus Morris, alias Pointz, & al.

Upon full Hearing, divers and several Days, the Counsel of John Morris, alias Poyntz, Sir Adam Littleton Baronet, and John Browne Esquire, Clerk of the Parliaments, and others; and also the Complaint of the said Sir Adam Littleton and the said John Browne, against the said John Morris, alias Poyntz, and Mary his Wife, Leonard Darby, John Harris, and Isabell Smith: It is Ordered, by the Lords in Parliament assembled, That the aforesaid John Morris, alias Poyntz, and Mary his Wife, Leonard Darby, John Harris, and Isabell Smith, or some of them, shall peremptorily, upon Tuesday next, the 20th of this Instant July, produce, or cause to be produced and brought into this House, the Exemplification, under the Great Seal of England, of an Act of Parliament, intituled, "An Act to make good a Conveyance of Little Munden, made from Sir Peter Vanlore Knight, and Sir Charles Cæser Knight, unto Edmond Woodhall Esquire, and his Heirs;" and also another Exemplification of a pretended Act of Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance, made of the Manors of Chipping Onger, South Okenden, and other Lands in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance:" And then this House will proceed to give Judgement upon the whole Matter.

Ordinance for Doctor Clarke to be Judge of the Admiralty.

"It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Doctor William Clarke be hereby nominated and constituted Judge of the Admiralty, to proceed therein, according to the lawful Jurisdiction of the said Court, in such Manner as Doctor Sammes, Sir Henry Martin, or other former Judges of that Court, formerly did or might lawfully proceed; and that the Committee of the Lords and Commons for the Admiralty do pass a Patent unto him, under the Seal of the Admiralty, accordingly, of the said Place of Judge of the said Court of Admiralty; to enjoy and exercise the same, with the same Rights and Pre-eminences, as the said Doctor Sammes, Sir Henry Martin, or any other former Judge of the Admiralty, of Right, and lawfully held, enjoyed and exercised the same: Provided, That this Ordinance shall continue during the Pleasure of both Houses and no longer."

Paper from the Admiralty Committee, for Smith the Marshal to be indemnified, for executing Decrees of that Court.

"Die Veneris, 28 Maii, 1647.

"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"On reading of the Petition of Mr. Salomon Smith, Marshal of the Admiralty, directed to this Committee, concerning his great Sufferings by several Actions brought against him at Common Law, for Execution of several Warrants and Decrees of the Admiralty, according to his Oath as Marshal: Ordered, That the said Petition be reported to the House of Peers; with a Recommendation from this Committee, that they will please to take such Consideration thereof, for the Petitioner's Relief, as their Lordships shall in their Wisdom and Justice think fit.

"Rob't Coytmor, Secr."

His Petition to them, about it.

"To the Right Honourable the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"The humble Petition of Solomon Smith, Marshal of the Court of Admiralty;

"Sheweth,

"That your Petitioner, by his humble Petition lately presented to your Honours, did declare the many Actions brought against him, at the Common Law, as Marshal of the Admiralty, for Execution of the Warrants and Decrees of that Court, which he is sworn to do, and cannot without Breach of his Oath refuse; since which Time, namely, on Saturday last, One of those Actions brought against him, by one Edward Davis, in the King's Bench, for a Parcel of Tobacco sold by the Petitioner above Six Years since, by a Decree out of the said Court, for Payment of Freight, hath been tried before Mr. Justice Bacon, and a Verdict passed against him for Four Hundred Pounds; which he hath by Writ of Error removed to the House of Peers.

"His humble Suit therefore now is to your Honours, that your Petitioner, and his Condition into which he is fallen meerly by Performance of his Duty to which he is sworn, may be taken into your serious Consideration; and that your Honours would be pleased to consider, that through your Petitioner's Sides the whole Jurisdiction of the Admiralty is by these Proceedings destroyed Root and Branch; for Execution, being undoubtedly the Life of the Law, is now as to the Court of Admiralty utterly taken away, and so of Necessity all the rest of the Proceedings there become vain and fruitless; for how dares any Officer execute any Warrant from the Court of Admiralty, when it is not pleadable at Law for his Justification, as was resolved in this particular Case of your Petitioner's; although, at the Time of the Execution of this Decree, the Admiralty Court, as was affirmed by all the then Judges of the Common Law under their Hands, had full Jurisdiction in all Manner of such Causes? And yet now your poor Petitioner, being ignorant of the Law, must be punished and undone, for not being wiser, and having more Knowledge in the Law, than all the Judges of the Kingdom; and pursuing their Opinions, according to his Oath. And most humbly beseecheth your Honours, that his Case aforesaid may be recommended from this Committee to the House of Lords, before whom it now depends by Writ of Error, that the Equity of his Case may there be first taken into Consideration, and the Matter of the Error until then suspended; and that your Petitioner, being also sued for selling a Ship, called The John Baptist, by an Order of the House of Lords, may by their Lordships be protected from all Actions brought or to be brought against him, as Marshal of the Admiralty, until the Jurisdiction of that Court may be by the Parliament fully understood and settled.

"And your Petitioner shall pray, &c."