House of Lords Journal Volume 4: 6 April 1641

DIE Martis, videlicet, 6 die Aprilis.

PRAYERS.

Letters concerning Seamen read.

The Lord Admiral's Letter written to His Majesty, and Three other Letters written to the Lord Admiral from some of the Officers of the Navy, were read, concerning the great Scarcity of Mariners to man the King's Ships; and complaining, that such as are pressed do run away, to the great Differvice of the King and Kingdom.

Hereupon a Message was sent, by Mr. Baron Henden and Mr. Justice Heath, to the House of Commons:

Message to the H. C. for a Conference, about sitting out the Fleet.

To desire a Conference, by a Committee of both Houses, presently, if it stand with the Conveniency of that House, touching the setting forth of the Fleet.

Ld. Audley Leave to be absent.

The Lord Awdley hath Leave to be absent for a few Days.

Heads of the Conference.

The Earl of Bath and Earl of Bristoll were appointed to speak at the Conference; and the Heads to be propounded at the Conference were: "That the House of Commons having already taken into Consideration the setting forth of the Fleet, their Lordships have thought fit to let them know, that His Majesty had sent divers Letters, which the Lord Admiral presented unto His Majesty, concerning the pressing of Mariners for the Fleet, which their Lordships will communicate unto them, that both Houses may advise and consider of some fit Course for the preventing of this Inconvenience in the future; and when they, after mature Consideration of the Business, are ready for a Conference, this House will be ready to meet them, if Need be."

Jo. Lively bailed.

It was moved, That John Lively, Clerk, Vicar of Kello, in the Bishoprick of Durham, being impeached by the House of Commons, with Dr. Cosens and others, of divers Misdemeanors, and so, by Order of this House, to be sent for, and appear as a Delinquent; but, upon an Affidavit which was made by William Oistene, Doctor in Physick, which was read, it did appear that the said John Lively cannot take any long Journey, without great Danger of his Life, he being a very infirm old Man, Sixty-two Years of Age, and Two Hundred Miles from London; therefore it was prayed that his Personal Appearance might be excused, and that sufficient Bail may be put in here for his abiding the Judgement of Parliament, if any be; against him; which was Ordered accordingly.

Then Wm. Baker de London, Mercator, recognovit se debere Domino Regi Quingentas Libras, levari ex Terris, Tenementis, Bonis, et Catallis Suis, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if John Lively, Clerk, who stands impeached of Misdemeanours before the Lords in Parliament by the House of Commons, shall abide the Judgement of Parliament against him, if any be, that then this Recognizance to be void; else to remain in Force.

E. of Warwick excused.

The Earl of Warwick was excused for his Absence, being not well.

Committee to attend the King for an Answer to the Address for disbanding the new Irish Army, &c.

The Lord Steward, Lord Chamberlain, Earl of Essex, Earl March, and the Lord Viscount Say & Seale, were appointed to wait on His Majesty; and to intimate unto Him, that there is an Expectation of an Answer from His Majesty, by both Houses, to the late humble Desires presented to His Majesty, concerning the disbanding of the new Irish Army, the disarming of the English Recusants according to Law, and the removing of the Papists from the Court, especially Mr. Walter Mountague, Sir Kenelme Digby, Sir Tobie Mathewes, and Sir Jo. Winter.

The Answer from the House of Commons to the Message was:

Answer from the H. C.

That they will give a Meeting presently, in the Painted Chamber, as is desired.

Report of the last Conference.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll shortly reported the Conference; which was, "That he had signified to the House of Commons what he was commanded to say, and delivered that which he was appointed to deliver."

Order concerning the Bp. of Worcester and Lady Thornburgh his Daughter in-Law.

It was signified, That the Lord Bishop of Worcester, being enjoined by an Order of this House forthwith to assure to the Lady Ellen Thorneborough, Daughter-inLaw to the said Bishop, One Hundred Marks per Annum, by Way of Jointure, to begin after the Decease of Sir Tho. Thorneborough her Husband, for her Life, and also to settle certain Copyhold Lands upon the Children of the Lady Thorneborough, as appeareth more at large by the Order; the Lord Bishop of Worcester, being served with the said Order, and desired to perform it, doth refuse and deny to make any Assurance accordingly; of which Affidavit being made, it was Ordered, That the Clerk of the Parliament should go to the Lord Bishop of Worcester, in the Name of this House, to know why he doth not perform the said Order, and his Reasons of the same Denial; and, because some Question ariseth, whether the Disposition of Freehold were, in the Process of this Business, properly in the Cognizance of this House, it was Ordered, That, in Case there be no Accommodation betwixt the Bishop and his Daughter-in-Law, then Counsel on both Sides is to be heard in the said Cause, in this House, at the Bar; and then their Lordships will do that which stands with the Honour and Justice of this House.

Earl of Lindsey's Order for quieting his Possessions in Lincolnshire.

It was moved, That whereas the Right Honourable the Earl of Lindsey's Tenants and Assigns have been in the quiet Possession of Fourteen Thousand Acres of Land, allotted and decreed unto his Lordship, lying between Borne and Kyme, in the County of Lincolne, for some Years last past; yet now of late, and sitting this present Parliament, some have disorderly attempted the breaking down of the Fences and Mounds of the said Lands, and putting in their Cattle upon the Premises, and the Molestation of the said Earl of Lindsey, his Tenants and Assigns, in their quiet Possession of the same, refusing also to pay their former Rents; it is therefore thought fit, and so Ordered, That the said Earl of Lindsey, and all claiming from, by, or under him, shall, by virtue of this Order, quietly and peaceably hold and enjoy the said several Lands, lying between Borne and Kyme, in the said County of Lincolne, as aforesaid, and have and enjoy the Rents thereof, without any Interruption, Disturbance, or Molestation, until the High Court of Parliament shall give further Order herein, by Hearing of the Cause here, or that it be tried in some other Court of Justice.

Ld. Herbert versus Earl Cleveland, concerning the Manors of Stepney and Hackney.

Whereas an Order was made by the Lords Committees for Petitions, between the Earl of Cleveland, and Phillip Lord Herbert and others, bearing Date the 8th Day of January last past, wherein was expressed, "That the Counsel of the said Lord Herbert and the said Earl of Clevelande should agree upon an Act of Parliament for the Sale of the several Manors of Stepney and Hackney, and every of their Appurtenances, and other the Lands mortgaged to the Use of the Lord Banninge deceased; and, if it should happen the said Act of Parliament not to be agreed upon before Our-Lady-day then next ensuing, that then the Possession of the said Manors should be delivered to the Trustees of the said Lord Herbert," as by the Order it further appeareth; now, forasmuch as the Day prefixed in the Order is passed, and the Possession of the said Manors not delivered up to the Trustees as aforesaid, it is Ordered, That the said Earl of Cleveland shall peremptorily, by virtue of this Order, shew good Cause unto this House, by Saturday next, why the said Order should not be performed and obeyed; or else this House doth hereby ratify, confirm, and allow the said Order, in all Respects, Conditions, and Degrees whatsoever.

Lady Dyer versus Sir Richard Titchborne.

Upon Report of the Lords Committees for Petitions, That the Lady Dyer had formerly lent Sir Richard Titchborne Four Hundred Pounds, for which she had a Judgement; and that Sir Robert Pye, Knight, and Mr. Button, and others, had the Lands of the said Sir Richard Titchborne in Extent, at Three Hundred and Sixty Pounds per Annum, whereby the said Lady Dyer was altogether without Remedy for her said Debt; but that the said Sir Robert Pye, Mr. Button, and others, willing only to have their own Debts secured, without the Prejudice of the said Lady, were content that their Interests upon the Extents should be assigned unto the said Lady Dyer, and she to pay unto them, the said Sir Robert Pye, Mr. Button, and others, the Three Hundred and Sixty Pounds per Annum, being the extended Value, until they be satisfied; and that the Surplusage of the true Value of the Lands, and the Sale of Woods and Timber, are to satisfy her the said Lady Dyer and her Children, with Damages and Costs; the Assurances between her and Sir Robert Pye, Mr. Button, and others, to be agreed on by Counsel indifferent on both Sides; and the Lady Dyer to have the Possession of the Lands accordingly, and quietly to enjoy it, from the said Sir Robert Pye, Mr. Button, and Sir Richard Titchborne, and all claiming under them, or any of them, until she be satisfied as aforesaid."

Dr. Bray to confess his Error for licensing Dr. Pocklington's Books.

Ordered, That Dr. Braye, after his Sermon, shall read the Articles in Dr. Pocklington's Two Books, whereunto Exceptions were taken, as they shall be delivered to him by the Lord Bishop of Lincolne, by Order from the Lords in this Parliament assembled, and confess his Error, and testify his Sorrow, in giving Licence to have the said Books printed.

Lilbourn versus Claxton.

Upon the Petition of Richard Lilborne, it was Ordered, That the Cause depending before the Lords Committees for Petitions, between him and Ralph Claxton, shall be heard peremptorily on the 17th Day of May next ensuing, of which Time the Parties that are interested in the Cause are to have Notice given them by the said Lilburne.

Alexander's Order about Witnesses.

Ordered, That Mr. Alexander's Cause, which was formerly referred to the Committee for the Star-chamber, be heard To-morrow Fortnight; and such Witnesses as he shall use to be then present, and to be sent for by Warrant from this House.

Nash versus Kynaston, in Error.

Whereas an Order was made, on the 20th Day of March last past, between Tho. Nash, Plaintiff, in a Writ of Error against Charles Kynnaston, Defendant, whereby it was Ordered, "That the Cursitor of Midd. should make forth a Certiorari, returnable on the 5th of April, to the Lord Chief Justice of the King's Bench, together with the Original Writ, Venire facias, distringas & Nomina Juratorum; and, upon Default, the said Nash is to be nonsuit; which Records being informed by the Lord Chief Justice not to be yet perfected, whereby Errors cannot be assigned, it is therefore Ordered, That the Attorney of the Defendant's Part shall forthwith make the Record compleat, by filing the Original, and Venire facias; and that the Cursitor of Midd. shall make forth a Certiorari, returnable on the 24th of May next to the Lord Chief Justice of the King's Bench, to remove the said Records; and the Plaintiff is hereby Ordered to assign Errors, within Ten Days next after the said 24th Day of May; but, in Case the said Certiorari be not returned, and the Errors assigned as is directed (the Records being complete as aforesaid), that then the said Plaintiff shall be nonsuit, and the Transcript of the Record remitted into the King's Bench."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

E. of Strafford's Petition about Letters to be produced at his Trial.

The Petition of the Earl of Strafforde was read; shewing, "That, in some Part of his Answer, given in Writing, he doth mention some Letters written from Mr. Secretary Vane to the Lord Viscount Conway, the Originals whereof will be very needful to be produced, in the making of his Defence.

"Therefore, he humbly prayed, That the Lord Viscount Conwaye may bring into the House those original Letters of Mr. Secretary Vane, to be used as there shall be Occasion."

Answer to it.

But the Letters being conceived to be private Letters, and no Records, the House made no Order therein.

A Message was sent, by the Master of the Rolls and Justice Heath, to the House of Commons:

Message to the H. C. for a Conference concerning the Loan of Money from the City.

To let them know, that the Lord Mayor, and some Aldermen, of the City of London, are come about the Lending of the Hundred and Twenty Thousand Pounds; and to desire that the select Committee of their House may presently meet with the Lords Committees of this House, in the Painted Chamber, concerning that Business.

The Answer to the said Message was:

Answer.

That the Committee of the House of Commons will meet presently, in the Painted Chamber, as is desired.

Report of the Conference.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Earl of Bristoll reported, "That the Lord Mayor and Aldermen, and some of the Commoners of the City, have put their Lordships and the House of Commons in good Hopes to procure the Hundred and Twenty Thousand Pounds; and the House of Commons hath promised them that they shall have good Security for it."

Order against Edlyn and Fen for riotous Proceedings on the Prince's Manors of Berkhamstead and Meere.

Upon the Commissioners for the Prince his Highness's Revenue shewing, "That of late, and now sitting the Parliament, divers disorderly Persons have entered into certain improved Grounds of the Prince his Highness, within the Manors of Barkhamstead and Meere, being Parcel of the Dutchy of Cornewall, and have pulled down and carried away the Fences of the said Grounds, whereupon William Edlyn, Jo. Edlyn, and James Fenn, complained of by the said Commissioners, were convented as Delinquents before their Lordships;" and Counsel being heard at large on both Sides, in open Court, at the Bar, and after a due Consideration of the whole Matter, it was Ordered, That the Prince his Highness (being a Member of this House) shall quietly and peaceably hold and enjoy the said Lands, within the Manors aforesaid, for and during the Continuance of this present Parliament, and the Privileges of the same: And, although this House was fully satisfied, upon hearing the said Matter, that the Parties before complained of were Delinquents; yet, upon their Submission, this House was pleased to remit their Offence, with this Caution, that, if they, or any others whatsoever, shall again, during the Time aforesaid, offend in the like Kind, that then they shall be severely punished for the same; and nevertheless it is not their Lordships Pleasure to determine any Thing in Point of Right to the Title, but, after the Time of Privilege of Parliament, to leave it (fn. 1) to the Determination of the Law.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 7^m diem instantis (fn. 2) Aprilis, hora nona, Dominis sic decernentibus.