House of Lords Journal Volume 4: 21 July 1641

DIE Mercurii, videlicet, 21 die Julii.

PRAYERS.

Sir John Hales, about the Aqueduct.

Sir John Hales appeared, to shew Cause why he did not pay the Money in his Hands which he received of the Aqueduct Money, to those Lords which are appointed to receive the same by Order of this House, which Money is to be employed towards draining of The Fens. Sir John Hales desired Security might be given first for the Re-payment of the said Monies. Hereupon it is Ordered, That the said Sir Jo. Hales shall pay the Monies in his Hand, according to the former Order of this House, peremptorily; else he shall be committed.

Auditor Worfeild to be sent for.

Ordered, That, upon Affidavit made, "That Mr. Worfeild hath disobeyed the Order of this House," he shall be sent for, by the Gentleman Usher attending this House, to appear before this House, and answer the same.

Act for the Certainty of Forests.

Hodie 2^a vice lecta est Billa, An Act for the Certainty of Forests, and of the Meers, Metes, Limits, and Bounds of Forests.

Committed to these Lords following:-videlicet

Their Lordships, or any Seven, [ (fn. 1) to meet] Tomorrow in the Afternoon, in the Painted Chamber.

Then the Earl of Essex reported the Queen's Answer, concerning the staying of Her Journey, which was delivered in these Words: videlicet,

Report of the Queen's Answer, concerning the Stay of Her Journey.

"When the Parliament did the other Day express their Desires to Her Majesty, in taking into their Consideration the Journey which She hath resolved on for the Recovery of Her Health, and presented a Desire of Her Stay, with a tender Care of removing all Occasions of Her indisposing, She could (fn. 1) not then give a positive Answer, such as Her Majesty desired for their Satisfaction, because She knew not if Her Health would give Way unto it; but, since that Time, Her Majesty hath resolved to venture Her Health, and (for complying with the Desires of the Parliament) not to go, seeing Her Presence here will be acceptable unto them, and that they conceive it will be for the Good of the Kingdom; for Her Majesty says, She desires nothing more than to let them see that She shall in all Things (fn. 2) be ready to gratify them, and serve the State, though (as She then said) with the Hazard of Her Life."

Hereupon this House Resolved, To have a Conference with the House of Commons, to communicate it unto them, and desire them to join with this House, to give Her Majesty humble Thanks, for the Favour expressed to this Kingdom, in staying Her intended Journey beyond the Seas. To this Purpose, a Message was sent to the House of Commons, by Justice Reeves and Justice Foster:

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

To desire a Conference, by a Committee of (fn. 3) both Houses, concerning a Message delivered from the Queen's Majesty.

Answer:

Answer.

That the House of Commons will give a Meeting presently, in the Painted Chamber, as is desired.

Committee for the better Maintenance of the puisne Judges.

Ordered, That these Lords following are appointto be (fn. 3) a Standing Committee, to consider of some fit and due Maintenance to be settled upon the Puny Judges, in Recompence of their Pains, and for their better Encouragement to discharge their Places with Fidelity: videlicet,

Their Lordships, or any Five of them, to meet on Friday next, in the Afternoon, and at what other Time their Lordships please.

Stannaries Bill.

Ordered, That the Committee for the Bill concerning the Stannaries do meet this Day Sevennight, to consider of the same, at which Time the Prince's Counsel is to attend their Lordships, and be heard in the Prince's Behalf, if there be Occasion.

His Majesty consents to the Five Propositions.

Then the Earl of Bristoll reported to this House, "That His Majesty hath been moved, concerning the Five Propositions presented to this House from the House of Commons Yesterday; and His Majesty consents to all the said Propositions."

Ordered, That the Lord Viscount Saye & Seale is appointed to wait on the Queen's Majesty, with the rest of the Lords, in the Lord Admiral's Place.

The Earl of Essex was appointed to speak at the Conference, and to acquaint the House of Commons with the Queen's Answer.

Conference concerning the Queen's Answer reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, (fn. 3) and the House being resumed, the Earl of Essex reported, "That he had delivered their Lordships Commands, in acquainting the House of Commons with the Queen's Answer, and desiring them to join with their Lordships, to present their humble Thanks to Her Majesty for the same."

Trial of L. Morley.

Ordered, That the King's Counsel do attend this House To-morrow, to let their Lordships know when they can be ready for the Trial of the Lord Morley in this House.

Sir R. Mannsell versus Batson.

Upon the Petition of Sir Robert Mannsell, Knight, complaining "That Robert Batson hath disobeyed the "Order of this House, being served with it;" and upon Affidavit made of the same, it is Ordered, That the said Robert Batson shall be sent for as a Delinquent, to appear in this House, to answer the said Contempt.

Sir J. Lucas's Cause.

Ordered, That the Mayor of Colchester and Mr. Justice Lynne shall have Power (by virtue of this Order) to examine upon Oath all such Witnesses as can testify any Thing in the Cause of Sir Jo. Lucas, Knight, against several of the Inhabitants of Colchester, touching a late Riot committed in the said Town; which Examinations are to be taken by them forthwith, and certified unto this House with all convenient Speed; but such Persons as have already deposed, concerning any of the Five Persons who have been lately brought up by a Messenger of this House, shall not again be examined touching any of the said Persons, by any Directions of this Order.

A Message was brought from the House of Commons, by Mr. Hollis:

Message from the H. C. that they will join in an Address of Thanks to the Queen, for staying Her Journey.

To let their Lordships know, that the Commons have taken into Consideration the late Conference, concerning giving Thanks to the Queen for Her Gracious Answer this Day, touching the staying Her intended Journey. He was commanded by the House of Commons to tell their Lordships that they will be ready, with a select Committee of their House, to join with a select Committee of Lords, to wait on the Queen, at such Time as their Lordships shall appoint.

Committee appointed for that Purpose. Her Majesty's Pleasure to be learnt, when She will be waited on.

The Lords, taking this Message into Consideration, Ordered, That the same Lords Committees that were appointed the 16th of this Instant July to wait on Her Majesty, do meet with the same select Committee of the House of Commons, this Afternoon, at Three a Clock, to draw up what is fit to present to Her Majesty from both Houses, and to present the same to this House; and likewise it is Ordered, That the Earl of Cambridge and the Lord Kymbolton do presently wait on Her Majesty, to know what Time She will please to appoint the Committees of both Houses to wait on Her, to present their humble Thanks to Her Majesty.

Then the Messengers of the House of Commons were called in; and the Speaker told them, by Way of Answer to their Message, what this House had ordered as aforesaid.

Clerks of the Common Please and Patentees concerning the Offices belonging to that Court.

Whereas a Petition hath been exhibited (fn. 4) unto this Honourable House, by sundry Officers, Clerks, and late Clerks, of the Court of Common Pleas, thereby shewing "that they have been bred and trained up as Clerks in the said Court; and that the Disposition of the Offices of Prothonotaries, Philazers, Exigenters, and divers other Offices of the said Court, had Time out of Mind appertained to the Chief Justice of that Court for the Time being, as an inseparable Incident to his Office; and that the same were granted to such skilful and experienced Clerks, trained up in the said Court, as were most fit and able for the Execution of the same Places; and that, notwithstanding, several Grants, or Letters Patents, of the said Offices, had been obtained from His Majesty, to the great Discouragement of able Clerks; and therefore prayed, that the same Grants, or Letters Patents, might be recalled:" And whereas several Petitions have likewise been exhibited by the Patentees, touching the said Offices, and several Days of Hearing have been appointed, but, in regard of greater Business in the House, the Cause could not be heard; whereupon it pleased the Lords, upon the Six and Twentieth Day of June last, to Order, That the Judges of the King's Bench, and Barons of the Exchequer, should consider whether the said Grants, or Letters Patents, made by His Majesty of the said Offices, or any of them, were good in Law, and make Report thereof unto the House, to the End their Lordships might proceed to do what should be right and just therein; and whereas the said Judges and Barons, upon Perusal of divers of the said Patents, and due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common Pleas for the Time being, and upon Hearing of Counsel on both Sides, after mature Deliberation had of the Premises, did certify, "That the Offices of the First and Third Prothonotary of the said Court of Common Pleas, of the Clerk of the Warrants, of the Clerk of the King's Silver of the Clerk of Essoins, of all Exigenters, and of all the Philazers (except of the County of Monmouth), have, by Prescription, belonged to the Chief Justices for the Time being; and that he hath always granted the same for the Lives of the Grantees, who have held them by his Admittance only; and that the Office of Clerk of the Treasury of that Court is always grantable by the Chief Justice for the Time being, to such Persons as he shall nominate, to continue only during the Time that he continueth Chief Justice;" and further they did certify their Opinions to be, "That none of the Grants made by His Majesty of any of the Offices or Clerks Places, before in the same Certificate mentioned, were good in Law:" And whereas this Day was appointed, by Order of this House, for the Hearing of the said Cause, now, upon full Debate of the Matter by Counsel Learned on both Sides, their Lordships taking the Business into their mature Consideration, and well approving the Learning, Justice, and Integrity of the present Chief Justice, and thinking it most just and meet that the Rights and Privileges truly incident and belonging to the Place of Chief Justice of the said Court of Common Pleas should be restored and continued, they have unanimously resolved, voted, declared, and Ordered, That the said Offices, of the First and Third Prothonotary of the said Court of Common Pleas, of the Clerk of the Warrants, of the Clerk of the King's Silver, of the Clerk of the Essoins, of the Clerk of the Treasury, and of all the Philazers, and of all the Exigenters (except for the County of Monmouth), do, by Right, belong to the Disposition of the Lord Chief Justice of the said Court of Common Pleas for the Time being; and that the Grants formerly made, by Letters Patents, of the said Offices, or Clerks Places, or any of them, are illegal, and void in Law; and it is further Ordered, That the said several Letters Patents, herein mentioned, shall be forthwith brought into this House.

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 quarta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Report of the Address of both Houses, to thank the Queen for staying Her Journey.

The Earl of Essex reported to this House, "That both Committees have met, and considered of what is fit to be presented to the Queen from both Houses, as their Thanks for the staying of Her Journey;" which being read, was approved of. The Contents was, in hæc verba: videlicet,

"Both Houses of Parliament have, with very much Comfort and Thankfulness, received that Gracious Message, whereby Your Majesty hath been pleased to declare Your Resolution to stay Your intended (fn. 5) Journey, at their humble Desire, which they hope will be no Prejudice to the Recovery of Your Majesty's Health, but rather an Advancement of it, by that Contentment which You will receive from the continued Expressions of their Affections and Zeal to Your Service; and they have commanded me, in their Names, to declare, that both their Prayers and Endeavours shall concur in all Things tending to Your Majesty's Welfare and Prosperity, which they shall esteem as a very great Blessing to the Kingdom, and to themselves."

After this, the Earl of Cambridge reported, "That Her Majesty hath appointed the select Committees of both Houses to wait on Her at Five a Clock this Afternoon."

The Earl of Essex was appointed to deliver the Thanks of both Houses to Her Majesty at the Time aforesaid.

Act for securing Money to the Yorkshiremen.

Hodie 1^a vice lecta est Billa, An Act for the securing of such Monies as are or shall be due to the Inhabitants of the Country of Yorke, &c.

Ordered, That the Committee concerning Sir James Thynne's Bill do meet on Saturday Morning next, at Eight a Clock.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 22^m diem instantis Julii, hora nona Aurora, Dominis sic decernentibus.