House of Lords Journal Volume 4: 31 May 1641

DIE Lunæ, videlicet, 31 die Maii.

PRAYERS.

Inhabitants of Bunhill versus The Artillery Men.

Ordered, That the Cause between the Inhabitants near Bunhill Fields and the Military Men, shall be peremptorily heard on Thursday next, before the Committees for Petitions, in the Afternoon.

Order concerning Sir Baynham Throgmorton's Cause.

Ordered, That Sir Baynham Throgmorton shall have an Order to produce such Witnesses on his Behalf, as he shall necessarily use at the Hearing of his Cause before the Lords Committees.

Order between Bishop, Sir Ant. Ashley Cooper and Tucker.

Upon reading of the Petition of Jo. Bishop, Esquire, in the open House, and hearing the Counsel of the said Mr. Bishopp, Sir Anthony Ashly Cooper, Baronet, and Edward Tucker, Esquire, at large, at the Bar; and after due and deliberate Consideration had of the whole Business; it is Ordered, upon the Question, by the Lords Spiritual and Temporal in the Upper House of Parliament assembled, That the said Mr. Bishopp shall enjoy the Benefit of a Lease of the House and Farm granted unto him from Sir Jo. Cooper, Knight (Father of the said Sir Anthony Ashley Cooper, Baronet), according to the Agreements between them, or otherwise to have the Bond of One Thousand Pounds paid him; and, in regard that the said Anthony Ashley Cooper is now under Age, it is therefore further Ordered, That this Order shall be tendered unto the said Edward Tucker, being a Feoffee in Trust of the Lands of the said Sir Jo. Cooper, appointed for Payment of his Debts, who is hereby required forthwith, that, in Case the said Lease, for the Time past and to come, cannot be made good unto him the said Mr. Bishopp, according to Law, then forthwith the said Edward Tucker is to pay unto him the said Mr. Bishopp the said Sum of One Thousand Pounds as aforesaid.

Order to discharge Sir Edward Stradling.

It was reported to the House, by the Lords Committees for Privileges, "That the Committee are of Opinion, That Sir Edward Stradling, Baronet, being His Majesty's Servant, shall have and enjoy the Benefit and Privilege of Parliament; and that what was done by the Right Honourable the Lord Pagett and Sir Lewis Dyves in that Business, concerning Captain Roper and Sir Edward Stradlinge, was in Preservation of the Privilege of Parliament;" which accordingly was approved, and Ordered by the House.

Order between Sir John Lambe and Dr. Walker.

Whereas Sir John Lambe, Knight, is, by Order of this House, to pay unto Dr. Walker the Sum of Twelve Hundred and Fifty Pounds, whereof he hath paid already Two Hundred Pounds, and hath humbly besought the Lords in Parliament that he may pay the Remainder by Yearly Payments; it is Ordered, That the said Sir John Lambe shall give such good and sufficient Security unto the said Dr. Walker for the Payment of Two Hundred Pounds per Annum, until the Remainder of the Twelve Hundred and Fifty Pounds be fully satisfied and paid, as the Earl of Bath and the Earl of Dorsett shall approve of; and that Sir John Lambe shall perform and give Security as aforesaid, within Four Days after this present Day; or else this Order to be void.

Order about Capt. Roper.

Upon reading the Petition of Captain Jo. Roper, it is Ordered, That Sir Lewis Dyves be moved, that he (being interested in Sir Edward Stradling's Estate) would do his best Endeavour to assist Captain Roper in satisfying his just Debt owing to him from Sir Edward Stradlinge.

Percivall's Cause to be heard.

Ordered, That Mr. Percivall's Cause shall be heard on Tuesday come Sevennight; and Witnesses on both Sides to attend that Day before the Lords Committees.

De Frank to be heard.

Ordered, That the Cause of Nicholas de Franke shall be heard before the Lords Committees for Petitions on Thursday come Sevennight, at which Time all Parties interested therein are to attend.

Digby versus Bp. of Peterborough.

Ordered, That the Lord Bishop of Peterborough should have a Sight of the Petition of Clinton Digby, and return in his Lordship's Answer To-morrow Morning.

Sir Tho. Lake to have Privilege.

Whereas Sir Tho. Lake, Knight, hath a Cause depending before the Lords Committees, which he cannot follow without Danger of Arrests; hereupon it is Ordered, That the said Sir Thomas Lake shall have Liberty to pass in and out unto the House, and to his Counsel, Solicitor, and Attorney, for and during so long Time only as his said Cause shall be before their Lordships in Agitation, and that without Arrest to be made upon the Body of him the said Sir Tho. Lake.

No Tumults in the Churches at Chester.

Upon the reading of the Certificate of the Magistrates and Ministers of the City of Chester, "That they have made Enquiry, and find no Tumults or Disorders to have happened in the Churches there, as this House was informed;" it is Ordered, That the same be referred to the Committee for Religion, to consider whether the Information was true upon which the Order of this House was grounded.

Sir Charles Cæsar and Burwell's Answers to their Impeachments.

The several Answers of Sir Charles Cæsar and Tho. Burwell to the Impeachment brought up from the House of Commons against them and others, were read.

Committee for Dover.

Ordered, That the Committee concerning the Town of Dover shall have Power to adjourn themselves as often as they shall see Cause.

Possession of the E. of Hertford's Lands in Godney Moor, Somersetshire, quieted.

Whereas the Right Honourable the Earl of Hertford hath been in the quite Possession, some Years since, of One Hundred and Sixty Acres of inclosed Land, lying in Godney More, in the County of Som'sett; yet now of late, and sitting this present Parliament, some have disorderly, and in a riotous Manner, broken down several Parcels of the said Inclosures, and put in their Cattle into the said Hundred and Sixty Acres, and give out threatening Speeches, that they will use Violence to any Man that shall offer to oppose such their Doings; whereupon it is Ordered, That the said Earl of Hartford (being a Member of this House), and all claiming from and under him, shall, by virtue of this Order, quietly and peaceably hold and enjoy the Possession of the said Hundred and Sixty Acres of inclosed Ground, and have and enjoy the Profits thereof, without any Interruption, Disturbance, or Molestation, until he or they be evicted by due Course of Law; and that the Sheriff of the said County of Som'sett shall quiet the Possession of the said inclosed Grounds for the said Earl of Hartford, his Tenants and Under-tenants; and lastly, that, upon Assidavit made unto this House who have been most disorderly in the throwing down of the said Inclosures, the Parties shall be sent for as Delinquents, and undergo such Punishments as this House shall be pleased to inflict upon them, according to Justice.

Mr. Smart versus Dr. Cosens, &c.

Ordered, That the Answers brought into this House by the several Persons impeached by the House of Commons for the Business concerning Mr. Peter Smarte, which yet remain unread, shall be opened by Counsel at the Bar, at the Hearing of the Cause.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 1^m diem Junii, hora 9^a, Dominis sic decernentibus.