House of Lords Journal Volume 4: 17 May 1641

DIE Lunæ, videlicet, 17 die Maii.

PRAYERS.

Witnesses between Dickenson and Gratwick.

Ordered, That Lyning Dickenson shall have a Warrant for to bring in his Witnesses, at the Hearing of the Cause on Tuesday come Seven-night, between him and Gratwicke, before the Lords Committees for Petitions.

Ld. Campden Leave to be absent; and the Bp. of Ely.

Ordered, That the Lord Viscount Campden hath Leave to be absent.

The Bishop of Ely, being sick, was excused.

Greenway versus Honny.

The Petition of Wm. Greenway, Clerk, in the Behalf of the Inhabitants of the Parish of Abbotisham, in the County of Devon, against Nic. Honny, Clerk, was read; and Ordered to (fn. 1) be heard before the Lords Committees for Petitions on Tuesday come Fortnight, at which Time Honny and all Parties interested therein have Notice to attend.

E. of Peterborough excused.

Earl of Peterborough, being sick, is excused for his Absence.

Bembridge for counterfeiting Ld. Fawcon-bridge's Seal.

Ordered, That the former Order made by this House concerning Bembridge, for counterfeiting the Hand and Seal of the Lord Fawconbridge, be presently put into Execution; and the false Protections now brought in to be considered of by the Committee of Privileges.

Order against Munday, a Priest.

It was signified to the House, by the Earl of March, That he had lately received from Dover Information, That one Humphrey Munday, a Romish Priest, who attempted to pass beyond the Seas under Colour of counterfeit Passes, and refuses to take the Oath of Allegiance, as appeared by his Examination, taken before Tho. Teddman, Esquire, Mayor of Dover, which was this Day read; and likewise that divers others are apprehended at Dover, who refuse to take the Oath of Allegiance." Hereupon it was Ordered, That a further Examination of the aforesaid Humphry Munday, and those other Persons, be taken; and, if they appear to be Romish Priests, then they are to be sent for up to this House; but, if they only refuse to take the Oath of Allegiance, they are to be proceeded in there according to Law.

A Message was sent to the House of Commons, by Mr. Baron Hendon and Mr. Justice Reeves:

Message to the H. C. for a Conference about Jorsey and Guernsey and other Forts.

To desire a Conference, by a Committee of both Houses, concerning the Isles of Jarsey and Garnesey, and the Forts and Castles of this Kingdom.

The Earl of Bath reported to the House the Heads which were drawn up for this Conference: videlicet,

Heads for the Conference.

"That whereas, at a late Conference, this House received the Desires of the Commons, to take into Care and Consideration the present Estate of the Islands of Garnesey, Jarsey, Isle of Wight, and some lesser ones that lie toward France:

"That this House have entered into the Consideration both of those and the Cinque Ports, and some other Maritime Forts, of great Consequence for the Safety of the Kingdom: That, having, from the Earl of Danby, a particular Estimate of those Things that are necessary for the Defence of the Island of Garnesey, which is under his Charge, and the Sums of Money that must be had to provide them:

"That this House hath likewise received the like Account from the Earl of Portland of the Isle of Wight, and the Forts therein, being under his Command.

"And also received from my Lord Duke of Lennox a late Survey of the Forts and Castles within the Jurisdiction of the Cinque Ports, testified under the Hands of the several Commanders of them, by which appears the many Defects of them; and that Order is given to have an Estimate presently made of the Necessaries that must be had to supply those Defects.

"These Supplies are of Two Sorts; one, of such Things as are to be furnished out of His Majesty's Stores, which this House doubts not but will be done accordingly; other Things, as Reparations and Emptions, must be had with Money, which is recommended to their Care to be provided, when the Estimate is brought in; and the like to be of all the Maritime Forts in England."

This the House approved of; and appointed the Earl of Bath to deliver this Paper, together with that concerning Jarsey, to the House of Commons, at the Conference; and to desire them to take them into Consideration.

Ordered, That the Earl of Bedford be added to all the Standing Committees, and to the Committee for the Draining of the Fens.

Lord Andley versus Lord Cottington

Ordered, That the Cause between the Lord Awdley and the Lord Cottington, concerning Founthill, be deferred until Friday Morning next; and the Lord Cottington to bear the Charges of the Lord Awdley's Witnesses in the mean Time.

Lords Leave to be absent.

The Earl of Carlile and the Earl of Portland were excused for a few Days.

The House was adjourned during Pleasure.

Last Conference reported.

The Conference being ended, they being returned, the House was resumed; and the Earl of Bath reported, "That he had delivered the Papers at the Conference; and had spoken what he was directed by this House to say."

Book of Acts of the Church of Durham to be brought.

Ordered, That the Register's Man of the Dean and Chapter of Durham do attend this House To-morrow Morning, and give an Account of the Book of Acts belonging to that Church.

Sir Adam Loftus, and others, to speak with Sir Geo. Radcliff.

Ordered, That Sir Adam Loftus, Sir Robert Pye, Wm. Raylton, and the Trailman, shall have Liberty to speak with Sir George Radcliffe in The Gatehouse, concerning some Business of the Dutchess of Buckingham's.

Dives and Roper's Cause deferred.

Ordered, That the Cause between Sir Lewis Dyves and Captain Roper shall be heard before the Lords Committees for Privileges this Day Seven-night, in the Afternoon.

Sir Peirce Crosby's Cause deferred.

Ordered, That Sir Peirce Croseble's Cause shall be heard on Saturday next, in the Afternoon; and Sir David Fowles's Cause, and Henry Fowles's Cause, in the Second Place; and afterwards the Committee to proceed in hearing all the rest of the Petitions delivered into this House against the Earl of Strafford; and that the Committee have Power to adjourn from Day to Day of themselves, as they shall see Cause, until they have taken into Consideration all the aforesaid Petitions; of which they are to make Report unto this House.

Slingsby's Petition read.

Upon reading the Petition of Guildford Slyngsby, it is Ordered, That the Cause be heard To-morrow, before the Lords Committees for Petitions; and all Parties on both Sides are to attend, and shall be heard; in the mean Time, both the Person and Goods of the said Guildford Slyngsby shall be free from Arrests and Attachments, for so much as he stands bound for the King's Debt, that so he may follow his Cause the better.

Conference about the Tumults here.

Ordered, That this House have a Conference with the House of Commons To-morrow Morning, concerning the Concourse and Tumults of People resorting hither, out of London and other Places.

Order about the Riots in Huntingdonshire.

Whereas several Orders have issued out of this House, for quieting the great Tumult, Disorders, and unlawful Assembles, which have been lately made, within the several Manors of Somersham, Needingworth, and St. Ives, and Halliwell, and other Towns of The Soake, adjoining in the County of Huntington; and the Hedges and Ditches of the said improved Grounds in those Manors should not be cast down or destroyed; which Orders have not only been disobeyed, but contemned, and rudely despised, by many of the Inhabitants of those Manors; which the Lords assembled take for a great Affront and Dishonour; and when, for quieting thereof, certain Messengers and Servants to this House were sent down, to apprehend and bring up some of the said rude and riotous Malefactors, the said Messengers have been so ill treated, assaulted, and set upon, as that they hardly escaped with their Lives from amongst the said riotous Persons; and the said insolent and outrageous Courses, as it is informed, grow daily worse and worse; and the said Malefactors, being sent for, withdraw and hide themselves, and set on their Wives and Servants in their Absence to do the like; now forasmuch as, if these Tumults and riotous Courses should go unpunished, such like People might take Boldness to do worse; it is therefore Ordered, That the High Sheriff and Undersheriff of the said County, and likewise some of the Justices of the Peace of that County, shall repair to the Places where these Riots and Disorders have been, taking with them, for their Assistance, such Number of the Trained Bands of that County as they shall think convenient; and not only to take and apprehend such of the said Malefactors as they shall find or be informed of to have been Actors or Abettors in these unlawful Courses, but also to make Enquiry upon them, and certify up their Names who have been Actors and Abettors in these Courses; and because the Persons hereafter named are known to be Offenders herein, the said Justices of Peace, Sheriff, and Under-sheriff, or some of them, shall, by the Power aforesaid, forthwith apprehend, or cause to be apprehended, and brought up to this House, the Bodies of Richard Legerton, Robert Jones, Jo. Botcher, and Jo. Papworth of Somershall, Tho. Skells of Erith, Robert Jermin of Colne, Jo. Farrowe, and Tho. Purkas the Younger, of Bluntsham, in the said County of Huntington, principal Offenders in the said late Tumults and Disorders; together with such others as the said Justices, Sheriff, or Under-sheriff, shall find to be most faulty in the said late Tumults and Actions, in the Places aforesaid, or in the said late Assault of the Messengers and Servants from this House: And it is further Ordered, That the said Justices, Sheriff, or Under-sheriff, shall see to, and cause such Order to be taken, that the same Improvements be quietly held and possessed, by the said Owners or Farmers, in such Manner as they had and enjoyed the same during the Sitting of this Parliament, and before the Destruction and Spoil of the Fences of the said Grounds; and the said Justices, Sheriff, or Undersheriff, are required to suppress and prevent all Manner of Disturbers of the same; and, if any shall attempt to disturb or disquiet the said Owners or Farmers in the quiet enjoying of the said Improvements, or any Part thereof, until further Order be taken by this House, or otherwise determined in any Court of Justice, that then likewise the said Justices, Sheriff, or Under-sheriff, and every of them, shall, by themselves, or with the Assistance of the Trained Band of the said County, presently arrest and imprison the Persons of any therein offending, and bring up their Bodies to this House, to be punished according to their Deserts.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 18^m diem instantis Maii, hora 9^a, Dominis sic decernentibus.