House of Lords Journal Volume 4: 27 April 1641

DIE Martis, videlicet, 27 die Aprilis.

PRAYERS.

Simpson & al. Petitition for Relief against the E. of Strafford.

Ordered, That the Petition of William Simpson and others, of divers Towns in the County of Yorke, against the Earl of Strafford, be received into this House, and receive the Benefit of the provisional Order, amongst the rest of the Petitions delivered into this House, if, upon hearing, there appear just Cause.

Sir Walter Norton bailed.

Gualtherus Norton, Miles, Johannes Brookes, Miles, de Parochia Sancti Martini in Campis, et Robertus Hewett de Ampthill, in Comitatu Bedford, Armiger, recognoverunt se debere Domino Regi Quinque Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if the abovesaid Sir Walter Norton shall appear before the Lords in Parliament, and abide the Judgement of Parliament, if any shall be against him, then this Recognizance to be void; else to remain in Force.

Both Houses to wait on His Majesty Tomorrow in the Afternoon.

The Lord Great Chamberlain and the Lord Chamberlain of the Houshold signified to the House, "That they had, according to their Lordships Command, waited on His Majesty, to know at what Time He (fn. 1) would please to appoint both Houses to wait on Him, to receive an Answer to the Three Particulars, which both Houses were Petitioners to His Majesty for; videlicet, the disbanding of the new Irish Army, disarming of the Papists according to Law, and the removing the Papists from the Court, especially Four; videlicet, Mr. Walter Mountague, Sir Kenelme Digby, Sir Jo. Winter, and Sir Toby Mathewes; and his Majesty hath appointed both Houses to wait on Him To-morrow in the Afternoon, at Two of the Clock, in The Banquetting Room at Whitehall."

Report of the Conference about the Council in the North.

After this, the Earl of Bath reporred the Conference Yesterday with the House of Commons, concerning the Court of the President and Council of the North; and concluded with the Resolutions of the House of Commons, to which their Lordships Concurrence is desired; "That the Commission and Instructions, whereby the President and Council in the North exercise a Jurisdiction, is illegal, both in the Creation and Execution.

"That the Court of the President and Council in the North is unprofitable to His Majesty.

"That the Court of the President and Council in the North is inconvenient and grievous to His Majesty's Subjects in those Parts. Therefore prayed, that your Lordships will be pleased to join with them, in beseeching His Majesty that the present Commission may be revoked, and no more such granted for the future."

Order concerning the Council in the North.

Hereupon it was Ordered, That this Cause concerning the Court of the President and Council of the North shall be publicly heard in this House at the Bar, the Second Tuesday in the next Term, being on the 25th of May 1641; of which Time the King's Council of the North shall have Notice, and be heard if they shall desire it; and afterwards the King's Counsel if it be needful.

Bill of Attainder of E. Strafford read 2 a vice.

* * * * * * *

* * * * * * *

Both Houses to meet at a Committee in Westminster Hall, to maintain the Bill. Disturbers of the Queen's Possessions to be apprehended.

Whereas a former Order was made in this House, for the quieting of Her Majesty's Possession, and Her Tenants and Owners, within the Manors and Lands of Som'sham, in the County of Huntingdon, and particularly in the Manor of Holliwell; another like Order was made for the quieting of the Possessions of Needingworth and St. Ives, in the said County of Huntingdon, belonging to the Earl of Manchester, Lord Privy Seal; which Orders, as is informed, have been disobeyed, and the Townsmen of the said Manors have, in high Contempt, and in a rebellious Manner, riotously assembled themselves by Sound of Drum, and gone together, and pulled down the Fences, and cast in the Ditches, of the improved Grounds within the said Manors, threatening more Mischiefs in Case they be hindered in their violent Courses; it is therefore thought fit, and so Ordered, That the Sheriff of the County of Huntingdon shall, by virtue of this Order, repair unto the Place, and preserve the Peace of the said County, and suppress Riots, Tumults, and Disorders, that shall arise or happen within the said Manors, or any of them, or in any of the Grounds lately improved within the said Manors; and further, that such Persons against whom Affidavit shall be made to have disobeyed or contemned the said former Orders, shall be sent for, as Delinquents, by the Gentleman Usher attending this House, to answer their Disorders and Contempts; and that the said Sheriff and Deputy Lieutenants of that County shall be aiding and assisting the Officer of this House, in the Execution of this Order.

An Order made by Consent between the Lord Phillip Herbert and others, and the Earl of Clevelande, as followeth:

An Order, by Consent between Lord Herbert and the Earl of Cleveland, concerning Stepney and Hackney.

"Whereas Phillip Lord Herbert, and the Lady Viscountess Banninge of Sudbury, his Wife, and Sir Thomas Glemham, Knight, Executors of the late Lord Viscount Banninge of Sudbury, deceased, and Mary Countess Dowager of Home, complain, by several Petitions, against the Earl of Cleveland, and Lord Wentworth his Son, touching several Debts due unto them, secured by the Manors of Stepney and Hackney, or one of them; that is to say, the Sum of Thirteen Thousand Three Hundred and Twelve Pounds due to the Estate of the said Lord Banninge; which, with the Interest thereof, computed to the Thirtieth of March last Past, Anno Domini 1641, amounteth to the Sum of Sixteen Thousand Five Hundred and Six Pounds, Seventeen Shillings, and Six Pence; and the Sum of Two Thousand Pounds, due to the said Countess of Home, which, with the Interest thereof, computed to the Twentieth Day of June next ensuing, will amount unto the Sum of Two Thousand Seventy-five Pounds; and whereas, to avoid Question touching the Priority of their Securities for the said several Debts, the said Executors and the said Countess of Home are agreed that their respective Debts shall be accounted as one entire Debt, and so to receive Satisfaction for the same, with the growing Interest, Charges, and other Disbursements thereabouts, either out of the Profits or Sales of the said Manors, or some Part thereof, as soon as conveniently it may be raised, in an equal and ratable Proportion, according to the Quantity of their several Debts, which, by an intended Act of Parliament, now prosecuted by the said Earl of Cleaveland, is to be provided for; and whereas, by the said intended Act of Parliament, in Case it should pass, the Possession of the said Manors is forthwith to be to the Right Honourable Henry Viscount Newarke, the said Sir Thomas Glemham, and Dr. Henry Glemham, Trustees of the late Lord Bayning, according to such Interests and Estates as they have in the same, until Satisfaction be made of the Debt, Interest, and Charges, of the said Lord Bayning, in the said intended Act expressed, and such further Disbursements and Damages for the same as shall be necessarily expended and laid forth, for buying in Incumbrances precedent to their Estates; and also until Satisfaction be made of the Debts, Interests, and Charges, due to the said Countess of Home, expressed in the said intended Act. And whereas the Right Honourable the Lords of the House of Peers were moved, that, according to the Law, and the true Meaning of the said intended Act, the Trustees of the said Lord Bayning may be in Possession of the said Manors and Premises; it is Ordered by their Lordships, upon hearing of the Counsel of the said Petitioners, and the Earl of Cleaveland, and Lord Wentworth his Son, That the Possession of the said Manors be forthwith given and continued to the said Henry Viscount Newarke, Sir Thomas Glemham, and Doctor Henry Glemham, according to their several Interests and Estates therein, to the Intent that they may receive the Rents, Issues, and Profits of the same, and make Sale thereof, or some Part thereof, for Payment of the said Debts, Interests, Charges, and Disbursements, according to the true Meaning of the said intended Act of Parliament, in Case the same do pass; but, if the said Act should not pass, it is the Intention of their Lordships, That the said Lord Herbert and Countess of Home, and their Trustees, shall not enjoy any further Benefit by their Estates and Possessions, but only their aforesaid just Debts, Interests, Charges, and Disbursements, in such sort as if the said Act of Parliament had passed; and that, upon Payment of the whole Debts, Interest, Charges, and Disbursements, as aforesaid, by Sale of the said Manors, or Part of them, or otherwise, such Part of the said Manors as shall remain unsold, and such Surplusage of Money as shall remain upon such Sales, and the whole Manors, in Case the said Debts, Interest, Charges, and Disbursements, be otherwise satisfied and paid, may be assigned over, and paid unto, such Persons, and for such Purposes, as are mentioned in the said intended Act, free from all Acts and Incumbrances done, or to be done, by them the said Lord Herbert and Lady Home, or their Trustees, respectively. And it is further Ordered, That, until the First Day of May One Thousand Six Hundred Forty-two, the said Lord Herbert, or the said Trustees of the Lord Bayning, or the said Countess of Home, shall make no Sale of the said Manors, or any Part thereof, but only to such Person or Persons, and at such Rates and Prices, as he the said Earl of Cleaveland and his Heirs shall, by some Writing under their Hands and Seals, nominate and appoint; and shall, upon Request, join with the said Earl and his Heirs in all Sales, to be made by them before the said First Day of May One Thousand Six Hundred Forty-two, so as such Sales be made bona fide, and at such a true Value, that the said Trustees, or any on their Behalf, will not accept the same at the same Values and Prices, or procure a Chapman, within a Month after Notice, to give more; and so as the Money raised upon such Sales be made payable and paid to the Executors of the late Lord Bayning, until full Satisfaction be made to them, and the said Countess of Home, of the Debts, Interest, Charges, and Disbursements, as aforesaid; and in Case they shall not be so satisfied before the said First Day of May One Thousand Six Hundred Forty-two, then, if the said Lord Phillip Herbert, or the Trustees for the late Lord Bayning, or Countess of Home, shall propound the said Manors, or any Part of them, to Sale, then they shall leave Notice in Writing at the now Chamber of Timothy Stampe, Esquire, situate in The Inner Temple, London, of the Part or Parcels so intended for Sale, and the several Prices thereof, to the Intent that the said Earl, or his Heirs, may, within Two Months next after such Notice left as aforesaid, accounting Twenty-eight Days to the Month, procure a better Chapman, that will, within that Time, give, lay down, or sufficiently secure, to the good Liking of the Executors of the Lord Bayning, more, or a better Price for the same, or for so much thereof whereby to raise Monies sufficient for their full Satisfaction of the aforesaid Debts, with Interest, Charges, and Disbursements, as aforesaid, or otherwise satisfy the same, within the said Two Months, for Redemption of the said Manors; which if he or they shall not do, then the Sales to proceed, and be good against the said Earl of Cleaveland and Lord Wentworth, and their Heirs. And further, touching the Court Rolls and Evidences of the said Manors and Lands, it is Ordered, That all Court Rolls of the said Manors shall be inventoried, and remain in the Hands of Timothy Stampe, Esquire, Steward of the said Manor, who is to continue his said Stewardship during his Life; and, in Case the said several Debts, Interests, Charges, and Disbursements, be not, by the First Day of May One Thousand Six Hundred Forty-two, paid and satisfied as aforesaid, then all the said Court Rolls, upon Request, to be by him delivered to the said Henry Viscount Newarke, Sir Thomas Glemham, and Doctor Henry Glemham, or one of them; or, if no such Request be made, then to continue in the Hands of the said Steward, to their Use. And touching all Counterparts of Leases of the Manors, or any Part of them, or either of them, and all Rent Rolls, Surveys, and Survey Books, now in the Hands of the said Earl of Cleaveland or Lord Wentworth, or any of his or their Officers, Agents, or Servants, or where they or either of them can come by them, the same are to be inventoried, by Indenture between the said Earl of Cleaveland and Lord Herbert, and to be delivered to the said Henry Viscount Newarke, Sir Thomas Glemham, and Doctor Glemham, whereby to enable them to receive the Rents and Profits, and ascertain the Contents and Qualities, of the said Manors; and they to permit and suffer the said Earl of Cleaveland and his Heirs, and their Agents, to have the Sight and Perusal of them, so far as shall be necessary to enable them to contract for Sales and to satisfy Purchasers; and touching all other the Deeds, Evidences, and Writings, of the said Manors, and each of them, now in the Hands of the said Earl of Cleaveland and Lord Wentworth, or either of them, or any other Person or Persons by their or either of their Delivery, Consent, or Privity, and (fn. 1) which they can come by the same, are forthwith to be inventoried, and forthwith deposited in the Hands of the said Timothy Stampe, now Steward of the said Manors, to the Intent that, until the First of May One Thousand Six Hundred Forty-two, and the End of the said Two Months, after Notice for Sale left as is above limited, as well the said Earl of Cleaveland and Lord Wentworth, and their Officers, and such Persons as shall desire to be come Purchasers of all or any Part of the said Manors, as also the said Lord Phillip Herbert, Henry Viscount Newarke, Sir Thomas Glemham, Dr. Glemham, or any of them, their or any of their Counsel, Agents; or Officers, or such as shall desire to become Purchasers of any Part of the said Manors, may, at all convenient Time and Times, have free Access to the same, and take Copies if they please; and if the said Debts, Interests, Charges, and Disbursements, shall not, by the said First Day of May One Thousand Six Hundred Forty-two, or within Two Months next after Notice left for Sale as aforesaid, be paid and satisfied, then all the said Deeds, Evidences, and Writings, to be delivered over to the said Henry Viscount Newarke, Sir Thomas Glemham, and Dr. Glemham, or One of them, and their Heirs; yet so that, if the said Debts, Interests, Charges, and Disbursements, as aforesaid, be satisfied by the said Earl of Cleaveland or Lord Wentworth, without Sale of the said Manors, then the said Deeds, Evidences, and Writings, are to be re-delivered; and if satisfied by Sale of Part of the said Manors, then such of them to be re-delivered as shall not belong to such Purchaser or Purchasers as shall buy Part of the same. And, lastly, their Lordships Meaning is, and it is so Ordered, That the said Lord Herbert, Lady Bayning, Countess of Home, and the Trustees aforesaid, shall not dispose of any Office or Offices belonging to the said Manors, or either of them, in the Time of the Vacancy thereof, for any longer Time of Continuance than until the said Manors shall be redeemed or disposed of by the said Earl of Cleaveland and his Heirs, or until Sale made of the said Manors by the Trustees of the said Lord Bayning, according to the Purport of this Order.

"Cleaveland,
M. Home,
L. Herbert,
Penelope Herbert.

This being read, and signed by all Parties interested in the Business, and their Counsel, it was approved by this House.

E. Cleveland's Bill.

Hodie 1^a vice lecta est Billa, An Act to enable certain Persons to sell the Manors of Stepney and Hackney, in Comitatu Midd. and the Manors of Toddington, and all other the Manors and Lands of the Earl of Cleveland, in the County of Bedford, for Payment of the Debts of the Earl of Cleveland and Lord Wentworth.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 28^m diem instantis Aprilis, hora 9^a, Dominis sic decernentibus.