House of Lords Journal Volume 4: 10 June 1641

DIE Jovis, videlicet, 10 die Junii.

PRAYERS.

The Messengers sent Yesterday to the House of Commons return this Answer:

Answer from the H. C. to the Message of Yesterday.

That the House of Commons do consent to the Cessation of Arms with the Scotts, upon the same Terms as their Lordships have.

Sir Ja. Thynne's Cause.

Ordered, That Sir James Thynne's Cause shall be heard the Second Tuesday next Term.

Company of Surgeons Petition.

Upon reading the Petition of the Company of Surgeons; it is Ordered, That the said Petition shall be taken into Consideration when the Bill of the Physicians of London is committed; and both to be heard at the same Time.

Order for sending for Witnesses of course.

Ordered, That when Days of hearing of Causes are appointed and set down, that an Order may be granted, to summon Witnesses of Course, to appear and give in their Testimony.

Order about the Multitude of Protections.

It was reported, "That the Lords Committees for Privileges having considered of the Multitude of Protections at this Time dispersed abroad, which is complained of as a Grievance, the Lords Committees are of Opinion, That all such who are protected, being neither menial Servants nor necessarily employed in their Affairs, shall be by the Lords who protect them, and are in Town, discharged of such Protection within Ten Days; and such as are out of Town within Fourteen Days; and that such as shall not withdraw such undue Protections shall be answerable to the House for their Neglect therein."

But there being some Ambiguity conceived in the Words ["necessarily employed in their Affairs"], it was re-committed to the Committee for Privileges, who were to meet this Afternoon, and explain the Signification and Extent of those Words more clearly.

Smithick's Cause referred.

Ordered, That the Cause between Smithickes and the India Company be referred to the Committee for Trade; and to be heard on Wednesday next; and an Order to be made for producing such Witnesses, Books, and Writings, as shall be needful at the Hearing.

Petitions of Fishmongers et al.

Ordered, That the Three Petitions delivered in by the Earl of Warwicke, videlicet: 1. The Fishmongers and Ropemakers, etc. that victual and furnish Ships; 2. The Petition of the Masters of the Trinity House; 3. The Petition of the Corporation of Shipwrights; are referred to the Committee for Trade, who are to sit To-morrow in the Afternoon.

Inhabitants of Stow of the Ould Petition referred.

Ordered, That the Petition of the Inhabitants of Stowe of the Oulde, in Comitatu Glocester, is referred to the Committee for Petitions, to be heard on Thursday next, in the Afternoon; at which Time the Petition of Mr. Chamberleine is to be considered of.

Public Petitions to be first heard.

Ordered, That those Petitions depending in this House, which are of most public Concernment, are to be heard first.

Beamont et al. versus Abbot.

Ordered, That the Petition of Beamount and other Clothiers, Creditors of Edward Abbott of London, Merchant, is referred to the Committee for Petitions; and the Petition of Edward Abbott to be taken into Consideration when theirs is heard.

Court of York.

After this, the Counsel of the Court of Yorke were heard at large, concerning the Legality of that Court; which being done, it was Ordered, That the King's Attorney General is to speak on Saturday Morning next, concerning the King's Power in regulating a wellordered Court of Equity.

Order concerning reading Petitions.

Ordered, That any Five of the Committees for Petitions may meet, and read over Petitions, when they please, and report them to the rest of the Committee, and they to this House.

L. Digby introduced.

This Day the Lord George Digby was introduced into this House, in his Robes, between the Lord Pagett and the Lord Howard de Charleton, being robed; and, after his Lordship had delivered his Writ, dated 9 Junii, 17° Caroli Regis, to the Speaker, upon his Knee, it was delivered to the Clerk of the Parliament, and read openly; which being done, he was conducted, by the Lord Great Chamberlain, Earl Marshal, and Garter, and placed next below the Lord Brooke.

Ordered, That the Lord Digby be added to all the Standing Committees.

Jurisdiction of the Court of Admiralty.

Ordered, That the Cause concerning the Jurisdiction of the Admiralty be heard on Wednesday next, in the Morning, at the Bar in this House.

Order about taxing of Costs if the Counsel on either Side should fail to come after due Notice given.

Ordered, That in the Causes depending before the Lords Committees, if there be a Failure of Counsel or Parties either on the Plantiff's Side, or the Defendant's, and the other Side comes prepared with Counsel ready for a Hearing, that then, upon Affidavit made of Notice given to the Party, the Committee shall have Power to tax Costs, according to their Discretions, and report the same accordingly to this House.

Ordered, That the Earl of Huntingdon be added to the Committee for Petitions.

Jurisdiction of the Admiralty Bill.

Hodie 1^a vice lecta est Billa, An Act for the declaring and settling of the Jurisdiction of the Court of Admiralty; but Ordered, That this Bill be read no more until the Lord Admiral's Counsel be heard, concerning the Jurisdiction of that Court.

Priestman to make Submission.

Ordered, That Posthumus Preistman, who is now under Custody by Order of this House, for encouraging and abetting certain Persons in Lincolneshire, to the Disobedience of an Order of this House, made concerning the Earl of Lindsey and others, do make his Submission in this House for the same; and afterwards to be released of his Restraint, provided he be forthcoming whensoever this House will call for him, for which the Earl of Exeter hath given his Word to this House.

Bill against mixing Wines.

Hodie 1^a vice lecta est Billa, An Act against unlawful mixing and falsifying of Wines.

Names of the Rioters in the Churches of Southwark.

The Names of those Persons that pulled down the Rails about the Communion Table in St. Saviour's Church in Southwarke:

The Names of those Persons that committed Disorder in the Church of St. Olive's, in Southwarke, in Time of administering the Communion: videlicet,

Ordered, That these Persons aforenamed be sent for, to appear before this House as Delinquents, and answer their several Offences.

Inhabitants of Bunhill Fields versus the Artillery Men.

Upon Report from the Lords Committees for Petitions, concerning the Cause between the Inhabitants of Bunhill Fields and the Company of Artillery of London; it is Ordered, That the Cause therein contained shall be wholly dismissed out of this House, and the Petitioners left to their ordinary Course in Law; and that a former Order made by this House, prohibiting the building of a Brick Wall within the said Fields, be forthwith dissolved; and the Artillery Men, being the Builders thereof, shall be left at Liberty to proceed in the building of the said Wall.

Bishop versus Sir Anthony Ashley Cooper.

It is Ordered, That it is referred to Mr. Justice Reve and Mr. Justice Heath, to consider whether there be Power in Sir Ant. Ashly Cooper, Baronet, to secure Mr. Bishopp to enjoy the Lease by Law, or else to have his Thousand Pounds paid him, according to the former Order.

Report and Order in Gerard Wright's Cause.

Upon Report made to the House from the Lords Committees for Petitions, "That Four Hundred Pounds belonging and appertaining unto Gherrard Wright, Gentleman, was brought into the Chancery, which, by a Certificate of the Master of the Rolls, unto their Lordships, appears to be put out upon Security;" it is Ordered, That this Cause shall be referred to the Master of the Rolls, who is to call Mr. Justice Crawley unto him; and to order that the said Principal Money and Interest be forthwith called in; and that all such other Things be done herein, according to their Lordships former Order and the said Certificate, as shall be agreeable to Justice and Equity.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 11^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.