House of Lords Journal Volume 4: 28 May 1641

DIE Veneris, videlicet, 28 die Maii.

PRAYERS.

Sir Baynham Throgmorton's Petition referred.

Ordered, That the Petition of Sir Baynham Trogmorton is referred to the Committee for Petitions, to be heard the First Tuesday next Term; videlicet, the 29th Day of June next.

Dr. Cosens and others Answers read.

Carie's Petitions.

Ordered, That the Petitions of Mr. Carie are recommended by this House to both the Houses of Parliament in Irelande, to do him Justice, according to the Merit and Justness of his Cause.

Mallett and Hitch's Cause dismissed.

Ordered, That the Cause depending in this House between Mallett and Hitch (having been fully heard before the Committee for Petitions) is dismissed this House.

Nash versus Kynaston, it Error.

This Day Counsel on both Sides did argue the Errors assigned in the Writ of Error, between Nash and Kynaston; and, after a full and deliberate Hearing of the Cause at the Bar, the Counsel withdrew; and the House taking the Exceptions made by the Plaintiff into Consideration, adjudged them to be frivolous and insufficient; therefore it is Ordered, That the Judgement given in the King's Bench is affirmed to be good; and that the Record be forthwith remitted into the King's Bench; and Charles Kynaston, the Defendant, to take out Execution upon the said Judgement.

L. Kymbolton's Request to petition the H. C. about his Possessions in Huntingdonshire.

The Lord Kymbolton (a Member of this House) made it his humble Request, that he might have Leave to petition the House of Commons, for the settling the quiet Possession of some Lands upon him in Huntingtonshire; which this House gave Way unto, with a Saving to the Privileges of this House, it being done with Leave first obtained.

Burgh versus The Six Clerks in Chancery.

It was moved, That the Lord Privy Seal, Earl of Dorsett, and the Lord Cottington, Peers and Members of this House, and the Lord Chief Justice of the Common Pleas, being an Assistant to this House, may have Leave to testify their Knowledge in a Cause before the Lords Committees for Petitions, between Mr. Burgh and the Six Clerks in the Chancery; which Cause is to be heard the 3d Day of June next; which the House consented to, and Ordered the same accordingly.

Report and Order concerning the Money raised for the Aqueduct, to be employed in draining the Fens.

Upon Report made this Day unto the House, "That His Majesty hath been moved to give Way that Ten Thousand Pounds, formerly raised for an Aqueduct (being Part of a greater Sum designed for that Service), and now lying undisposed of in private Hands, or locked up, and made no Use of towards that Work, might be employed in and about the finishing and perfecting of the Draining of The Great Level, in Lincolneshire, and other Shires adjoining, whereon great Sums of Monies have been already expended, and the Work like to fall now, for Want of the Sum of Ten Thousand Pounds to go through the said Design this Summer; and that His Majesty is graciously pleased that the said Sum, so raised for the Aqueduct, as aforesaid, and remaining now in private Hands, shall be employed for the perfecting of the draining of the said Great Level aforesaid; and that His Majesty is also pleased to give Security that the said Sum of Ten Thousand Pounds shall be re-paid (when the said Aqueduct will be proceeded in, for the bringing of a Stream of Water to the City of London and the Suburbs) unto such Person and Persons as this House shall approve and like of, to be fit Undertakers of the said Work:" It is thought fit, and so Ordered, by the Lords in Parliament, That His Majesty's Attorney General shall have full Power and Authority from this House, to send to the several Persons in whose Custody these Monies are, and forthwith to get in the said Sum of Ten Thousand Pounds, to be paid into such Hands as the Lords Committees particularly named by this House shall appoint to receive the same, for the said draining of the said Fens, as above-mentioned; and that all such Person and Persons as their Lordships shall appoint for the receiving of the said Monies shall hereby be authorized to receive the same, to the Use aforesaid: And it is also Ordered, That Sir Cornelius Vermuden shall give an Account of the several Sums of Money formerly paid in to him, for the draining of the said Great Level, unto a select Committee appointed by this House, to take an Account of this whole Business; and to survey the Design to be proposed unto their Lordships by the said Sir Cornelius Vermuden, touching and concerning the whole Work; and likewise, that they give their Directions how and in what Manner the said Ten Thousand Pounds, now to be raised for this Employment, shall be laid out by him the said Sir Cornelius, for the perfecting and finishing of the said Work as aforesaid: And lastly it is Ordered, That, at or before any of the aforesaid Sum or Sums of Monies shall be paid in, Security shall be given that all such Sums of Monies, so disbursed, shall be timely re-paid, as the Undertakers for the Water-works shall not be hindered to proceed therein.

Committee to see this Order executed.

Lords appointed by this House to take the Account of the Monies formerly expended by Sir Cornelius Vermuden, in the draining of The Great Level; and also to survey the Design to be proposed by him, touching the said Work; and to direct how the Ten Thousand Pounds, demanded by Sir Cor. Vermuden for the perfecting of the said Work, shall be expended: videlicet,

Their Lordships, or any Five of them, or more, to meet To-morrow in the Afternoon; and have Power to adjourn themselves afterwards as often as they shall see Cause, and to call such Persons as their Lordships shall think fit, to give them Information in the Business.

Order concerning Petition.

Upon Information this Day of the Multitude of Petitions that remain now in this House unanswered, the great Concourse of Petitioners daily resorting hither, and their earnest pressing for a Dispatch of the said Petitions; it is thought fit, and so Ordered, for the speedier Dispatch of the said Petitioners, That no Petition whatsoever shall be received into this House, until the Pleasure of the same be further declared by Order, excepting only public Petitions, and such as concerns the Privileges of this House, and the Peers and Members of Parliament.

Committee for Petitions.

Ordered, That the Committee for Petitions do meet on Monday next in the Afternoon, and only read Petitions.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 29^m diem instantis Maii, hora nona, Dominis sic decernentibus.