House of Lords Journal Volume 4: 19 July 1641

DIE Lunæ, videlicet, 19 die Julii.

PRAYERS.

Ayries Order, for Liberty to follow his Cause.

Ordered, That Ayries shall have Liberty, and (fn. 1) befree from hisImprisonment, to follow his Cause depending before the Lords Committees for Petitions, provided he be not in Prison upon Execution.

Havell, a Warder of The Tower, claims Privilege of Parliament.

The Petition of Luke Havell, one of the Warders of The Tower of London, was read; shewing, "That he, being arrested, desired the Privilege of Parliament, as being the King's Servant." Hereupon it was Ordered, That the further Consideration hereof be referred to the Committee of Privileges.

Sir George Ratcliffe's Petition, concerning Osbalston's Estate.

Upon reading the Petition of Sir George Radcliffe, concerning the transferring over of the Estate of Sir Richard Osbalston, deceased, to other Trustees; it is Ordered to be referred to the Committee for Petitions, and the King's Counsel to be heard if there be occasion.

Sir Edmund Williams and the Inhabitants of Belton.

Then Sir Edmund Williams was brought to the Bar, to answer the Charge against him in the Petition of the Inhabitants of Belton. He denied the Fact that is alledged against him; but confessed he said, "That he would be even with those that presented him to be a Recusant, for he professed he was none."

Upon this the House thought fit he should give Security to appear at the Hearing of the Cause; and so he entered into Recognizance, as followeth:

Sir Edmund Williams bailed.

Edmundus Williams, Miles, recognovit se debere Domino Regi Quingentas Libras, levari cx Terris, Tencmentis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That if the aforesaid Sir Edmond Williams shall Personally appear, and be present, at the Hearing of the Cause upon the Complaint of the Inhabitants of Belton, in the County of Leycester, against him and others, before the Lords in Parliament, on the 2d Day of August next, and abide the Judgement of Parliament, if any shall be given against him, then this Recognizance to be void; else to remain in Force.

Order about the Rioters in St. Saviour's Church.

Ordered, That those Persons that were sentenced by this House, for violently breaking down the Rails in the Parish Church of St. Saviours in Southwarke, shall (upon their Petition to this House, desiring their Lordships Favour, and humbly (fn. 2) acknowledging the Sentence of this House to be just upon them for their Misdemeanors in that Business) be released out of their present Imprisonment for the same; and, in regard they are in that Poverty that they are not able to set up the Rails again at their own Charges, this House doth remit that Part of the Sentence.

Message to the H. C. for a Conference, concerning the Bill against Recusants.

A Message was sent to the House of Commons, by Justice Reeves and Justice Foster:

To desire a Conference, by a Committee of (fn. 1) both Houses, at Four a Clock this Afternoon, concerning the Bill touching the disarming of Recusants.

Sir Randall Crew to be recommended to His Majesty.

Ordered, That this House will join with the House of Commons, "That Sir Randall Crewe may be recommended to His Majesty, as a Person that hath suffered for the Commonwealth, both in his Reputation and Fortune; and that some Mark of His Majesty's Favour may be bestowed upon him;" and that this House have a Conference with the House of Commons about it.

The Answer which the Messengers brought from the House of Commons was:

Answer from the H. C.

That they will give a Meeting, as is desired.

Busby versus Smith in Error.

Ordered, That the Cause between Busby and Smith, touching a Writ of Error depending now in this House, shall be peremptorily heard and argued, the First Cause, in this House, on Friday the 29th of this Instant July, at which Time and Place all Parties interested are to attend the said Hearing, with their Counsel.

E. of Cleveland's Bill.

Ordered, That the Committee for the Earl of Cleveland's Bill do meet this Afternoon.

Edwards to appear.

Ordered, That Edwards, concerning the disobeying the Order of this House touching the Vicarage of Bucknill, do appear this Afternoon.

Bills from the H. C.

A Message was brought from the House of Commons, by Sir John Holland; who presented Three Bills, which had passed that House:

1. An Act for the Security of the true Religion, etc. which (fn. 3) they desired Expedition of.

2. An Act concerning the limiting and bounding of Forests.

And a Message from thence for a Conference, concerning the Charge against Bishop Wren, and another concerning Inigo Jones.

3. An Act for Jo. Eggar's Free-school.

And further he desired a Conference, by a Committee of both Houses, at such Time as their Lordships shall please to appoint, touching the Transmission of the Charge against Bishop Wren, and another concerning Inigo Jones, about St. Gregorie's Church.

Answer returned was:

Answer.

That their Lordships will give a Meeting To-morrow, in the Afternoon, at Three a Clock, in the Painted Chamber.

Mr. Smart versus Dr. Cosens, et al.

Ordered, That Mr. Smart's Cause, again Dr. Cosens and others, shall be further heard on Thursday Morning next.

Order upon a Report concerning the E. of Westmeath's Estate in Ireland.

Upon Report this Day unto the House, "That the Earl of Westmeath was seized of Eleven Rectories, in the County of Cavan, in Ireland, by Letters Patents in King James's Reign, and had His now Majesty's special Letter for the further securing of his Estate, and several Proclamations issued out, inviting His Majesty's Subjects of Ireland to compound on a Commission of defective Titles; and the said Earl, intending to participate of His Majesty's Grace, did submit and lay open the Defects of his Estate, if any were, upon Confidence of just and honourable Performance, and compounded for the passing of his whole Estate on that Commission, at the Rent of Two Hundred Seventy-nine Pounds, Sixteen Shillings, Eight Pence, whereof Seventy-eight Pounds, Sixteen Shillings, Eight Pence, was by way of new Increase of Rent, never answered to His Majesty before; and of that new Increase of Rent Twenty Pounds yearly, beside One Hundred and Twenty Pounds Fine, was compounded for, to be paid out of the Possessions of the Abby of Fower, whereof the said Eleven Rectories are Parcel: An Order of Composition was accordingly drawn up, and signed by the late Earl of Strafford, and other His Majesty's Commissioners; and the said Earl of Westmeath, expecting to proceed in the passing of Letters Patents agreeable to that Composition, was therein opposed by the Lord Bishop of Derry, assisted by Sir George Radcliff, who was one of the Commissioners, and the Matter thereupon drawn to a Second Debate; an Order was conceived that the said Earl should surrender the said Eleven Impropriate Rectories, who, being weak of Body, and to avoid the Restraint of his Person, did yield Obedience thereunto:" Whereupon it is thought fit, and so Ordered, by the Lords Spiritual and Temporal in the Upper House of Parliament assembled, That inasmuch as the aforesaid Commissioners had no Power to compel the said Earl to surrender, neither any Power but to compound with His Majesty's Subjects, that the said Earl of Westmeath (by virtue of this Order) be restored to the Possession of the said Eleven Rectories in Question, with the Mesne Profits since he was dispossessed; and that the said Surrender be vacated, and His Majesty be humbly moved, on the Behalf of the said Earl, that he may enjoy the Benefit of his Composition with the King, upon the said Commission of Grace; this Order being conceived by the Lords in the Parliament of England, upon the true State of this Business, (fn. 4) they do specially recommend to the Parliament of Ireland to see it performed in all Points; and that His Majesty's Letters for the due Execution hereof do accompany this Order.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 4^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

E. of Cleveland's Bill.

Ordered, That the Committee of the Earl of Cleveland's Bill do meet To-morrow Morning, at Eight a Clock.

Clerks of the Common Pleas and the Patentees.

Ordered, That the Cause between the Clerks of the Common Pleas, and the Patentees that have Grants of Reversions, shall be heard on Wednesday Morning next; and all Parties interested shall then be heard at this Bar.

Report concerning the Judges.

Ordered, That the Report concerning the Judges shall be made To-morrow.

None to come into the House before it fits.

Ordered, That the Gentleman Usher attending this House shall take Care that no People are admitted to come into this House, Morning or Afternoon, before the House sits.

Bill against Recusants.

The Earl of South'ton was appointed to deliver the Bill concerning the disarming of Recusants, with the Amendments; and to speak at this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of South'ton reported to this House, "That he had delivered the Bill at the Conference, as he was commanded."

Sir Jo. Hayles to pay the Aqueduct Money.

Ordered, That Sir John Hayles, Knight, shall forthwith pay, or cause to be paid, the several Sums of the Aqueduct Money remaining in his Hands, according to the former Orders of this House, and to the Persons particularly mentioned in the same; which Money is to be paid forth with upon Sight hereof, or else he is to attend this House in Person To-morrow Morning, at Nine a Clock, and shew Cause why the said Money is not paid as hath been Ordered.

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 Julii, hora nona Aurora, Dominis sic decernentibus.