House of Lords Journal Volume 4: 19 May 1641

DIE Mercurii, videlicet, 19 die Maii.

PRAYERS.

Mr. Smart versus Dr. Cosens & al.

Upon Report of the Earl of Bath, it is Ordered, That Dr. Cosens and others, mentioned in the Impeachment brought up from the House of Commons, shall put in their Answers to the said Impeachment peremptorily on Monday next; and every Man to answer severally to what concerns himself; and further, that the Cause between them and Mr. Smarte shall be heard on Monday come Sevennight, against which Time they are to produce their Witnesses; and all public Acts of Courts, and Depositions of Witnesses, and other Records, concerning Mr. Smart's Business, shall be indifferently used on both Sides at the Hearing.

A Message from the House of Commons, by Sir Phillip Stapleton:

Message from the H. C. about the Ld. Lieutenantship of Yorkshire, to be given to the Earl of Essex.

To let their Lordships know, That the Commons do desire to receive an Answer to a former Message, concerning the Lord Lieutenancy of Yorkeshire to be conferred upon the Earl of Essex; and they desire it may be speedy, because that Country is much impoverished, and the Safety much endangered, by the Army's lying there; which Country, they hope, will be much secured by this Means, because, out of the Confidence and good Opinion which the Gentlemen of that Country have of the Earl of Essex, and of his Care of the Commonwealth, they will be ready to serve under him for the Defence thereof.

The Answer returned was:

Answer.

That formerly their Lordships resolved to join to move His Majesty herein, as from both Houses; and accordingly their Lordships then appointed some Lords to move the King herein, who promised to return an Answer; therefore their Lordships will presently send the same Lords to wait on His Majesty, to receive His Answer.

Hereupon the Lords formerly appointed for this Business went presently to His Majesty.

After this, a Message was brought from the House of Commons, by Mr. Pym:

Message from the H. C. about opening Foreign Letters.

To signify, That their Lordships having by Order stayed the last Week's Letters, both those imported and exported, and appointed some Lords to open and peruse them, which Thing hath done some Service to their Proceedings; the House of Commons desires their Lordships will be pleased to give Order, That the same Course may be taken that the Letters of this Week may be stayed, and the same Lords again deputed to open and peruse them; and that the said Lords may have an Injunction imposed upon them by this House for Secrecy, and not discovering what they know therein.

Order concerning staying and opening Letters.

Hereupon it was Ordered, That the same Course shall be taken for the staying of Letters this Week, as was taken the last Week; and the same deputed Lords shall have the like Power to open and peruse them.

Ordered, That the Earl of Warwicke be added to the Committee for opening Letters.

Committee for opening Letters enjoined Secrecy.

The Lords Committees for opening of Letters were enjoined Secrecy by this House.

Report of the King's Answer concerning the Lieutenancy of Yorkshire.

The Earl of Cambridge reported, "That the Lords appointed to move the King from both Houses, concerning the bestowing the Lieutenancy of Yorkeshire upon the Earl of Essex, have waited on His Majesty; and His Answer for the present is, That He will give a positive Answer herein To-morrow Morning."

Sutton Marsh.

After this, the Cause concerning Sutton Marsh, between the Lord Phillip Herbert and the Earl of March, was proceeded in, and Counsel on both Sides present.

And, after much Debate, it is Ordered, That Mr. Andrewes and Mr. Deereham do prove those material Things which they have alledged this Day; and this is appointed to be on Tuesday next, in the Morning, at which Time the Counsel of the Earl of March is to be heard to the whole Cause concerning Sutton Marsh.

Report concerning the Fens called The Great Level.

The Lord Privy Seal reported, "That the Committee appointed to take into Consideration the Paper delivered to this House by His Majesty, concerning the draining of the Fens called The Great Level, have given a full Hearing in the Business; and their Lordships have been informed by Sir. Cornelius Vermuden, that there hath been already disbursed and laid out in this Work Twenty Thousand Pounds, and yet the Work not brought to Perfection, for Want of Monies; so that, unless there be speedily raised Ten Thousand Pounds more, the Money already expended, and all the Undertakings, will be lost.

The King to be moved, that the Money raised for the Aqueduct, may be applied to draining the Fens.

"The Lords Committees, therefore, considering the Necessity of raising this Money, and understanding that there is Money lying dead in several Mens Hands, which is intended for bringing of an Aqueduct to London, think it fit that the King be moved, That that Money be employed towards the perfecting of the Draining; and Security to be given for the repaying of the Ten Thousand Pounds, when the said Aqueduct is begun:" Which this House approved of, and appointed the Lord Privy Seal, the Earl of Bedford, Earl of Bristoll, and the Lord Viscount Say and Seale, to move His Majesty herein. And further it was reported, "That Sir Jo. Munson and others of the Drainers desire, that, by Order of this House, they might enjoy their Possessions quietly (having them by Decree), until they are evicted legally;" which this House referred to further Debate.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 20^m diem instantis Maii, hora 9^a, Dominis sic decernentibus.