House of Lords Journal Volume 4: 19 April 1641

DIE Lunæ, videlicet, 19 die Aprilis.

PRAYERS.

Disturbers of the E. of Lindsey's Possessions in Lincolnshire, sent for.

Upon Affidavit made in this House, by Andrewe Browne and John Foster, "That, upon the serving of the Order of this House, made the 6th of April 1641, That the Earl of Lindsey, his Tenants and Assigns, should quietly enjoy the Lands in Lincolneshire, lying between Kyme and Borne, being improved Grounds, as in the said Order is more expressed, Thomas Drinkwater, Robert Harwoode, John Grumett, and Wm. Clapton, after the said Order was served upon them, did refuse to obey it, and spake contemptuous and scornful Speeches of the same;" it was hereupon Ordered, The Parties aforesaid shall be sent for by the Gentleman Usher attending this House, to answer the said high Contempt.

Letter from Berwick, touching their Necessities.

After this, the Earl of Holland produced a Letter, which was sent to the Earl of Northumb. from Barwicke, dated 14th of April 1641, declaring the State of the Garrison and Town of Barwick, and the Necessities which that Town is in, for Want of Provisions and Money. This Letter being read; the House resolved to have a Conference with the House of Commons concerning it.

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

Message to the H. C. for a Conference concerning Berwick.

To desire a present Conference (if it will stand with their Conveniency), by a Committee of both Houses, in the Painted Chamber, touching the Garrison of Barwicke.

E. of Warwick's Privilege.

Captain Jackson's Arrest.

Next Thomas Frere, Thomas Batts, Attorney, Nich. Smith, and Sam. Warde, Serjeants, were brought to the Bar, for arresting Captain Wm. Jackson, Servant to the Right Honourable the Earl of Warwicke, in Time of Parliament, contrary to the Privilege of Parliament. The Earl of Warwicke, in the House, avouching the said Captain Wm. Jackson to be his menial Servant, and took Wages of his Lordship; and it appearing to their Lordships that Frere was told that Jackson had a Protection from the Earl of Warwicke, yet the said Frere caused Jackson to be arrested, and his Goods attached, and defamed him upon The Exchange, and said, that he cared no more for Jackson's Protection than a Wooden Dagger: It was Ordered, That the Person of the said Captain William Jackson shall be forthwith released; and likewise his Goods, which were attached, and now in the Possession of William Penoyer and others, shall be delivered unto the said Wm. Jackson, or his Assigns; and the Attachment to be dissolved, and his Goods freed from the said Attachment; and also it was Ordered, That Thomas Frere shall be committed to The Fleet, for arresting (fn. 1) Captain William Jackson, at his Suit, contrary to the Privileges of Parliament, and speaking contemptuous Words against the said Privileges, there to remain until he pay unto the said Jackson his Costs which he hath expended in this Suit, and until the further Order of this House be known; and lastly it was Ordered, That the rest of the Delinquents be discharged of their Imprisonment, because they knew not that Jackson was privileged by Parliament until after the Arrest was made.

Frere committed to The Fleet.

Thomas Frere was brought to the Bar as a Delinquent; and the Speaker pronounced the said Order to him; and he was forthwith carried to The Fleet.

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

Answer from the House of Commons.

That they will give a present Meeting, as is desired.

The Earl of Holland was appointed by this House to deliver the Letter at the Conference, and repeat what he said here.

Conference concerning Berwichk reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Holland reported, "That what he said and presented here, he delivered the same at the Conference."

Sutton Marsh

Next, the Counsel of the Lord Phillip Herbert and others, and the Lord Duke of Lennox, was heard in the Cause concerning Sutton Marsh.

The Petition of the Inhabitants of Lutton, Sutton, St. James, and St. Edmonds, was read.

After this, Mr. Sbute, Counsel with the Lord Phill. Herbert and others, opened the Cause, and shewed how the Title of the Three Thousand Five Hundred Acres of Ground, in Sutton Marsh, came to the Possession of the Lord Viscount Baning; and urged a Patent made in January, 6° Caroli, from the King; and the 10th of February following, a Decree was made in the Court of Dutchy, against Tilson and the rest of the Tenants of Sutton Marsh, which Decree he desired might be read; but the Counsel of the Earl of March excepting against the reading of the said Decree, as not being Evidence, because it was alledged that this Decree had in it Recitals and Covenants which were surreptitiously put in by Mr. Wise, and also held it no good Evidence, because the King, in January before, had passed his Right away in it.

Hereupon Counsel on both Sides withdrew.

Judges to give their Opinions in this Cause.

The Lords resolved to have the Opinions of the Judges, whether the said Decree be a Record, and a lawful Evidence, or not; and, because it was late, the House did Order, That the Patent and Decree be brought to the Judges at Two a Clock this Afternoon; and they are to peruse the same, and deliver their Opinions in the Afternoon at Three of the Clock, at which Time the said Cause is to be heard again by Counsel on both Sides.

Sir Ralph Dutton, concerning pressing Soldiers in Gloucestershire.

Ordered, That the Lords Commitees for Petitions do meet this Afternoon, at Two a Clock, in the Painted Chamber, and hear Sir Robert Cooke and Sir Baynham Trogmorton speak, in the Business of the Commission sent down into Glocestershire, concerning the Abuse in pressing and releasing of Soldiers, etc.

Scots Treaty.

Ordered, That To-morrow Morning this House take into Consideration the Scotts Treaty.

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 tertia, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Dr. Marsh to go to his Living this Easter.

Ordered, That Dr. Marsh shall have Liberty to go into the Country, to his Benefice, against Easter, notwithstanding the Charge of the House of Commons against him, Dr. Cosens, and others, depending in this House; but their Lordships Intentions are, That he attend this Court on the 20th Day of May next; and that his Absence shall not any Ways stay the Proceedings of the said Cause, or free him of or from any Censure or Judgement of this House, that may or shall be pronounced against him.

Nash versus Kynaston in Error.

Upon reading the Petitions of Charles Kynaston and Tho. Nash, it was Ordered, That the Lord Chief Justice of the King's Bench do examine the Truth and State of the Business, touching the original Writ, and the other Proceedings in a Writ of Error between them, and afterwards make Report to this House; that thereby their Lordships may take such further Resolution in the said Business, as in their Wisdoms and Justice they shall think fit.

Judges Opinions touching Sutton Marsh.

Then the Lord Chief Justice reported, "That himself and all the rest of the Judges, according to their Lordships Command, have perused the Patent and the Decree concerning Sutton Marsh; and they are all of an unanimous Opinion, That their Lordships may hear the said Decree read as Evidence, without Prejudice to the Title on either Side."

Order concerning Sutton Marsh.

Hereupon it was Ordered, That the Cause between the Lord Phillip Herbert and others, and the Earl of March, shall be peremptorily heard on Wednesday next, the First Cause; and that then all the Articles in Court and all other Evidences and Articles concerning Sutton Marsh, shall be produced and seen on both Parts; and further, that all Parties appointed to attend the Hearing this Day shall on Wednesday next be present, at the Hearing of the said Cause.

Bevill Wimberley deposed, upon Oath, "That what Articles of Contract concerning Sutton Marsh he hath, or ever had, are delivered by him in already into this Court."

And Mr. Webb deposed, upon Oath, "That he never had any Articles of Contract concerning Sutton Marsh."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 20^m diem instantis Aprilis, hora nona, Dominis sic decernentibus.