House of Lords Journal Volume 4: 22 April 1641

DIE Jovis, videlicet, 22 die Aprilis.

PRAYERS.

The Scottish Treaty debated.

The House proceeded in the Debate of the Scottish Treaty.

The Fourth Article, "concerning making of Alliance," was read; and the Lords Commissioners Answer to the same; and it was thought fit it should be totally omitted, and left as it hath been for these Forty Years past.

In the Answer to the Sixth Article, these Words were put out ["the Incendiaries"]; and, instead thereof, these Words were inserted ["any Offenders against the Laws and Peace of either Kingdoms"].

"Concerning Commerce and Trade," the several Articles and the Answers thereunto were read.

And for the First Branch of the Ninth Article, "concerning mutual Naturalization, etc." it was thought fit, that what Immunities they have by the Union in Law, be strengthened and assented to by Parliament.

Committee to consider of the 10th and 11th Articles of it.

The Consideration of the Tenth and Eleventh Articles is referred to these Lords following: videlicet,

All the Judges, and the King's Counsel, to attend.

Their Lordships, or any Ten or more of them, to meet this Afternoon, in the Prince's Lodgings, at Two a Clock.

The Lords Commissioners are to draw up the Answers in a rough Draught, according to the Sense of this House; and afterwards to present the same to the House.

Letters from Berwick, complaining of their Necessities.

The Earl of Holland, Lord General of His Majesty's Army in the North, signified to the House, "That some Letters have lately come to his Hands, written to one Jo. Sleigh, from the Mayor and Aldermen of Barwicke, declaring what Disorders hath lately happened by the Soldiers, for Want of Provisions and Monies."

Another Letter was produced from the Governor of the Garrison there, to the same Effect; which being both read, a Message was sent to the House of Commons, by Justice Foster and Justice Heath:

Message to the H. C. for a Conference on this Business.

To desire a present Free Conference (if it will stand with their Conveniency), by a Committee of both Houses, in the Painted Chamber, concerning some late Letters received, touching the present State of Barwicke.

Lords to draw up the Heads of the Conference.

The Earl of Essex, Earl of Bristoll, Earl of Holland, Lord Saye, Bishop of Lincolne, and the Lord Kymbolton, were appointed to consider of some Heads fit to be spoken of at the Conference.

Sir Walter Norton, Sheriff of Lincoln, committed for levying more Shipmoney than he had Warrant for.

Sir Walter Norton was brought to the Bar as a Delinquent, for abusing the County of Lincolne when he was Sheriff, and for levying Four Thousand Pounds more for Ship-money than he had Warrant for to do, and putting it in his own Purse. For these and other Misdemeanors, the Lords demanded of him that he should put in sufficient Bail of Five Thousand Pounds this Afternoon, for his Forth-coming, and abiding the Judgement of Parliament against him. In the mean Time, he is to be in the Custody of the Gentleman Usher attending this House.

Sir W. Udall Petition, for a Debt due to him by the Earl of Strafford.

Ordered, That Sir Wm. Udall may have the Benefit of the provisional Order of this House, for a Debt which is owing him by the Earl of Strafforde; and his Petition to be received into this House.

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

Answer from H. C.

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

Alexander's Witnesses to be examined.

It was moved, That the Committee for the Starchamber, or any Three of them, may examine the Witnesses of Jerom Alexander, and take the Depositions in Writing, and seal them up, until the Hearing of his Cause; which was so Ordered to be after the Defendant's Answer to his Petition be made.

Report from the Committee touching the Propositions at the Conference about Berwick.

The Lords Committees reported to the House, That they (fn. 1) conceived the Effect of the Conference was shortly to be, "That the Earl of Holland should deliver the Letters concerning Barwicke, and say what he declared in this House. Then the Earl of Bristoll to let them know, That, for the present Supply of the Necessities of the Town of Barwicke, if the House of Commons will renew their former Conference which they had with their Lordships some Weeks ago, at which Time they desired that this House would join with them in assisting them to procure Monies to supply the Northern Parts of this Kingdom; that their Lordships will propound unto them what Way they have thought of, for to give a speedy Supply of Money, to relieve the present Necessities of the Town of Barwicke; which if they shall like and approve of, as so much Money lent to them, and that it may go upon their Account, and be repayed by them, their Lordships will engage themselves for such a Sum of Money as will give some Relief for the present; and desired, that they would meet this Afternoon about it."

Conference concerning the Letters from Berwick, reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Earl of Holland reported, "That he had delivered the Letters to the House of Commons;" and the Earl of Bristoll reported, "That he had spoken that which he was commanded; and the Commons will report it to their House, and return an Answer in convenient Time."

Earls of Bedford and Portland Order for Whittleses.

Whereas the Earl of Bedford and the Earl of Portland, Lords and Possessors of the Manors and Lands of Whittlesey, in the Isle of Ely, in the County of Cambridge, and their Tenants, have been in the quiet Possession of the said Manors and Lands for the Space of some Years last past, by virtue of a Decree in the Exchequer; yet now of late, and sitting this present Parliament, some tumultuous and troublesome People have, in a disorderly Manner, attempted or threatened to break down the Fences and Mounds within the said Manors, and to put in their Cattle into several Grounds within the said Manors, to the great Molestation and Disquiet of the said Lords and their Tenants, and to the Disquiet of their Possessions; it is therefore thought fit, and so Ordered, That the said Earl of Bedford and Earl of Portland, Lords of the said Manors and Lands (being Members of this House), and all claiming from and under them, shall, by virtue of this Order, quietly and peaceably hold and enjoy the Possession of the said Manors of Whittlesey and the Divisions of the Tenants, without any Interruption, Disturbance, or Molesta tion, until sufficient Cause be made appear to the contrary before the Lords in Parliament, or in some other His Majesty's Courts of Justice; and that, in the mean Time, none shall presume to disquiet the present Possession of the said Manors and Divisions, either by throwing down of the Mounds, or wilfully turning of Cattle upon the Premises.

The Commons to be heard against E. Strafford in Point of Law.

After this, the House fell into Consideration of the Earl of Strafford's Business, and resolved to hear the House of Commons speak, in Point of Law, on Saturday Morning next, in Westm. Hall, publicly; and the Earl of Strafford to have Notice to be there present at the same Time.

Hereupon a Message was sent to the House of Commons, by Mr. Justice Reeves and Justice Foster:

Message to the H. C. to acquaint them with it.

To let them know that their Lordships will be ready to hear them speak, in Point of Law, in the Earl of Strafford's Cause, in Westm. Hall, on Saturday next, at Eight of the Clock in the Morning.

Order for Divine Service to be said as heretofore.

Upon Information to this House, "That some Disorders have lately happened in several Churches, within the County Palatine and City of Chester, whereby the Divine Service hath been disturbed, or otherwise neglected and disquieted," it is therefore thought fit, and so Ordered, That the Divine Service be performed, as it is appointed by the Acts of Parliament of this Realm; and all such as shall disturb that wholesome Order shall be severely punished, according to Law; and that the Parsons, Vicars, and Curates, in several Parishes, shall forbear to introduce any Rites or Ceremonies that may give Offence, otherwise than those which are established by the Laws of the Land.

Sutton Marsh.

Upon Affidavit made by Michaell Sanson, "That he served the Order of this House upon James Baldware and George Tillson, to attend the Hearing of the Cause concerning Sutton Marsh the 19th of April, and to give in Testimony for the Lord Phillip Herbert and others; but the said Baldware did refuse to come and attend, as he was enjoined by the said Order;" it is therefore Ordered, That the said Baldwere and Tillson shall be sent for, by the Gentleman Usher attending this House, to answer the said Contempt; and further, that the rest of such Witnesses, whose Names are to be given in Writing, are to have Notice to appear at the next Hearing of the said Cause.

Answer to the Message from the House of Commons was:

Answer from the H. C.

That they are now in a weighty Business; but will return an Answer, in convenient Time, by Messengers of their own.

A Message from the House of Commons, by Mr. Capell:

Message from the H. C. to desire their Lordships to sit P. M.

To let their Lordships know, that they intend to sit as a House this Afternoon, about the weighty Affairs of the Kingdom; and do desire their Lordships will sit likewise this Afternoon.

The Answer to the said Message was:

Answer.

That their Lordships will sit as a House this Afternoon, at Four a Clock.

Nash versus Kynaston in Error.

Whereas the House was this Day informed, "That Thomas Nash, Plaintiff, in a Writ of Error, against Charles Kynaston, Defendant, affirmeth, that he is able to make it appear to this House, that the original Writ in this Cause was razed (being since pretended to be lost) whilst it was in the Custody of the Attorney on the Defendant's Part;" it is Ordered, etc. That the said Plaintiff shall have Time till Thursday the 29th of this Instant April to prove the said Razure, if he can; but, in Case it cannot be proved, that then the Defendant shall have full Power (by virtue of this Order) to procure the Certiorari and Process in the said Suit to be forthwith brought into this House; and that the Plaintiff shall, within few Days then following, assign Errors, or, in Default thereof, to be non-suit, and the Transcript remitted into the King's Bench.

Adjourn.

Dominus Capitalis Justicarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 22^m instantis Aprilis, post meridiem, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Lord Seymour had Leave granted him to be absent until Wednesday next.

Conference about the Hearing of the House of Commons against the Earl of Strafford in Point of Law reported.

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Sir Walter Norton committed to The Fleet.

Ordered, That Sir Walter Norton be committed to The Fleet, until he put in sufficient Bail of Five Thousand Pounds, such as this House shall approve of, for his Forth-coming; which being done, he is to be released of this his Imprisonment.

L. C. Justice and Mr. Justice Crawley Leave to be absent.

Ordered, That the Lord Chief Justice of the King's Bench and Mr. Justice Crawley have Leave Tomorrow to go into the Country, and return on Monday next, and attend this House.

A Message from the House of Commons, by the Lord Fairefax:

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

To desire a present Free Conference, by a Committee of both Houses, touching the Business of Barwicke.

The Answer to the said Message was:

Answer.

That their Lordships will give a present Meeting, in the Painted Chamber, as is desired.

Lords Reporters appointed.

The Earl of Bath, the Earl of Bristoll, appointed to report the Conference.

The House was adjourned during Pleasure; and the Lords went to the Conference; which being ended, the House was resumed.

Conference reported.

The Earl of Bath reported, "That the House of Commons do thank their Lordships for providing the Money for the Supply of Barwicke; and that they will be ready to give Security for it, and will consider of the Way; and will give an Answer herein on Saturday Morning next."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 24^m diem instantis Aprilis, hora 9^a Dominis sic decernentibus.