House of Lords Journal Volume 4: 5 March 1641

Pages 176-177

Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Veneris, videlicet, 5 Martii.


Nash versus Kynaston in Error.

Upon reading the Petition of Charles Kynaston, Defendant, in a Writ of Error brought out of the King's Bench by Thomas Nash; it was Ordered by the House, That the said Nash do peremptorily assign Errors here in Court this Day Sevennight; videlicet, the 12th Day of this Instant March.

Ordered, That Nicholas Hawes do forthwith sue out his Livery out of the Court of Wards.

Ordered, That all Petitions be first delivered into this House, before they be received at the Committees.

Leave to Sir Tho. Aston and Sir Arthur Aston to speak with the E. of Strafford.

Upon reading the Petition of Sir Tho. Aston, Baronet, and Sir Arthur Aston, Knight, alledging, "That the Earl of Strafford is indebted to them in a great Sum of Money; therefore humbly praying the Favour of this House to be admitted to speak with him;" it was Ordered, That the aforesaid Sir Tho. Aston and Sir Arthur Aston have Liberty to speak with the Earl of Strafford in The Tower, about the aforesaid Business; but the Lieutenant of The Tower to be present, and hear what Discourse is between them.

Ordered, That the Petition of Robert Hurlocke and others, against John Crane, be referred to the Committee for Petitions.

Sutton Marsh.

The Counsel of the Lord Phillip Herbert, and the Lord Viscount Grandison, and the Counsel of the Earl of March, were heard in open Court, concerning the stating of the Business rightly for Sutton Marsh; and it was Ordered, That their Cause shall be reviewed, and peremptorily heard here in open Court at the Bar, upon Monday come Six Weeks; videlicet, the 19th Day of April next ensuing. In the mean Time, both Sides may examine what Witnesses they please, for Preservation of their Testimonies, in Case they should die, or not be able to come; but, if they are alive, and be able to come at the Hearing of the Cause, then the said Witnesses to be heard viva voce; and as for the Manner and Wa of the taking of Examinations, this House will hear Counsel on both Sides To-morrow Morning.

After this, was produced a Paper sent to the Lords Commissioners from the Scots, which was read in the House, as followeth:

Memorial from the Scots, for Money to pay their Army immediately.

"To remember that, these Six Weeks past, we have, at every Meeting with the English Commissioners, pressed the Monies due and promised to our Army; the Earl of Bristoll hath ever promised to represent the same, and to have gotten Twenty-five Thousand Pounds above Six Weeks since, and Fifty-two Thousand Pounds about Fourteen Days since; and there being now resting above Sixty-five Thousand Pounds; and again the 16th of March, now resting Eighty-one Thousand Five Hundred Pounds; the Soldiers reduced to that Extremity, that all Monies were spent above Six Weeks since: That there being Impossibility in the People to furnish them any more in Trust, there being Fifty Thousand Pounds sent to the King's Army, will also add to the Discontent of our Soldiers and of the Country People of Northumberland, and Bishoprick, who, being poor, are less able to furnish than those of Yorkeshire; it cannot be eschewed but that the Soldiers will break in upon the nearest Countries that are able to entertain them; and it cannot be accounted a Breach, being pressed with such Necessity, and all the Conditions of Monies Monthly payable, being broken.

Money granted for them.

"It is therefore desired, that a present Course may be taken, for getting of Twenty-five Thousand Pounds against To-morrow; and the same may be turned into Gold, and sent down with all Haste; and the rest may be provided against the Beginning of the next. The pressing Necessities and Inconveniencies which may ensue, if Monies be not speedily gotten, are greater than we can express."

Upon this the Earl of Warwicke informed the House, That he had understood that the House of Commons had provided Twenty-five Thousand Pounds, to be ready against To-morrow, to be sent to the Scotts."

The House hereupon appointed the Earl of Warwick to give an Account To-morrow Morning, whether any Monies were appointed to be speedily sent down to the Scots.


Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 6m diem instantis Martii, hora nona, Dominis sic decernontibus.