House of Lords Journal Volume 4: 9 June 1641

DIE Mercurii, videlicet, 9 die Junii.

PRAYERS.

Order about Tumults in Whittlesea.

Whereas an Order of this House was made the 22d of April last past, for the quieting of the Possession of the Manors of Whittlesey, and other Lands in the County of Cambridge and Isle of Ely, until Cause be shewn to the contrary, either in this House, or in some other of His Majesty's Courts of Justice, which hath been disobeyed in a tumultuous and riotous Manner; it is Ordered, That the Sheriff and Undersheriff of the said County of Cambridge, with some of the Justices of the said County, shall repair unto the Places where the said Riots and Disorders have been committed, taking with them such Persons as they shall think fit, for the appeasing and quieting of the Possessions of the said Lands, and to be quietly held and possessed as formerly they have been before the said Disorders and Tumults were committed; and that the said Sheriff and Justices shall endeavour to prevent all the Disturbances of the said Possession, until this House, or some of His Majesty's Courts of Justice, shall determine the contrary.

Bishops of Winchester and Rochester to see the Archbishop of Cant.

The Bishop of Winton and the Bishop of Rochester have Leave to see the Archbishop of Cant. in The Tower, concerning Church Affairs.

Bills from the H. C.

A Message from the House of Commons, by John Hampden, Esquire, who delivered, by their Command, to their Lordships, Three Bills, intituled,

1. An Act for regulating the Privy Council, and for taking away the Court commonly called the Starchamber.

2. An Act for preventing Dangers which may grow by Recusants.

3. An Act for repealing of a Branch of a Statute in 1° Eliz. concerning Commissioners for Causes Ecclesiastical.

Order about Disorders in Churches in Southwark.

After this, a Petition was read, declaring the great Disorders committed in the Parish Churches of St. Saviours, and St. Olaves, in Southwarke, in Time of Administration of the Communion. Hereupon it was Ordered, the Names of the particular Offenders be given into this House; and then this House will give such Order therein as stands with Justice, and the Desert of the Cause.

Ordered, That the Three Bills brought up from the House of Commons this Day, shall be read on Friday Morning next; and the Report of the Commons to be made on Saturday Morning next.

Sutton Marsh.

Next the Cause concerning Sutton Marsh was further heard; and, after the Counsel of the Earl of March had opened the Title, whereby his Lordship claims his Right, the Counsel on both Sides withdrew; and this House Ordered, That this Cause concerning Sutton Marsh shall be further proceeded in and heard on Wednesday Morning next; and all Parties and Witnesses to attend, according to the former Orders made in this Cause.

Further Cessation of Arms with the Scots for Fourteen Days.

Upon Information to this House, "That the Cessation of Arms with the Scotts was nearly expiring; and that the House of Commons did signify, by their select Committee, to the select (fn. 1) Committee of this House, That they thought it fit to continue the Cessation of Arms for Fourteen Days longer, after the Expiration of the former," Hereupon this House did Order, and Assent, That the Cessation of Arms with the Scotts be continued for Fourteen Days longer after the Expiration of the former, videlicet, from the 13th of this Instant Junii, to the 27th of the same June, upon the same Terms as the former, if the Treaty lasts so long.

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

Message to the H. C. to acquaint them with this.

To let them know, that their Lordships have Ordered the Continuance of the Cessation of Arms with the Scotts, and upon what Conditions, and for what Time; and to desire the Commons that they will Order the like.

Busby versus Smith in Error.

Ordered, That the Record in the Writ of Error between Busby and Smith, etc. shall be opened by Counsel at the Bar on Monday Morning next.

L. Audley versus Ld. Cottington.

Ordered, That the Cause between the Lord Awdley and the Lord Cottington, concerning Fountill, shall be further proceeded in and heard on Tuesday Morning next.

Bagshawe versus Bagshawe.

Ordered, That the Cause between Bagshawe and Bagshawe shall be heard before the Committee for Petitions this Afternoon.

Order about Writs of Error.

Ordered, That such Persons as bring in Writs of Error into this House upon a Judgement given in a Court of Justice, and if it appear that there is no just Cause of Error in the said Judgement but merely for Delay of Justice and Execution, that then such Costs is to be given against the Parties that brings the Writ of Error, as this House shall think fit to give in that Case; and that the Record shall be remitted whence it came, that the Defendant may take out Execution upon the Judgement.

Baron Henden Leave to be absent.

Ordered, That Mr. Baron Henden hath Leave to be absent, for to keep the Courts in the Cinque Ports.

Anthony Percivall's Order about Tithes.

Upon Report made unto this House of the Petition of Anthony Percivall, Esquire, from the Lords Committees for Petitions; it is Ordered, That the Tithe of Hautes's Lands being purchased by the said Captain Percivall of Sir Richard Deeringe, Knight and Baronet, shall be freely left to a Trial at the Common Law, in Case they desire it; and that the Lease formerly made to the said Sir Edward Deeringe, by the Archbishop of Cant. wherein Hautes's Lands were expressed, shall not be given in Evidence at any such Trial, nor Advantage taken by the said Lease against the said Mr. Percivall's Inheritance; and lastly, that the Lord Archbishop of Cant. shall wave his Privilege in this Case, in demanding the said Lands for the Church at a Trial at Law.

Order about Osbalston's Land.

Whereas Sir Richard Osbalston, being seized of a Personal and Real Estate in England and Ireland, did, by Conveyance, and by his last Will, intrust Christopher Waindesford, Esquire, Sir Gherrard Lowther, and Sir George Radcliffe, Knights, to the Benefit of William Osbalston, his Son, and others; the said Christopher Waindesford being dead, and the other Two Trustees being now charged with High Treason in Ireland; it is Ordered, That the said Sir George Radcliffe and Sir Gherrard Lowther shall convey and assure over all the Trust of the said Real and Personal Estate of the said Sir Richard Osbaldston, so reposed in them as aforesaid, by good Conveyance in Law, unto Henry Martyn, Esquire, and Henry Fowles, Esquire, to the same Uses as they were intrusted from the said Sir Richard Osbaston; and lastly, that His Majesty's Attorney General shall be made acquainted with such Conveyances of the said Estate, before any Thing be perfected therein, that His Majesty be no ways damnified in any other Respect whatsoever, under the Pretence of conveying over of the said Estate as aforesaid.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque diem Jovis, videlicet, 10^m diem Junii, hora 9^a Aurora, Dominis sic decernentibus.