House of Lords Journal Volume 4: 14 June 1641

DIE Lunæ, videlicet, 14 die Junii.

PRAYERS.

Ld. Audley versus Ld. Cottington.

Ordered, That Tho. Dabridgecourte shall attend this House To-morrow Morning, to be a Witness for the Lord Cottington, in the Cause between the Lord Awdley and his Lordship, concerning the Manor of Funthill.

The Prince's Order against Rioters in West Derham and Roxham in Norfolk.

Whereas there hath been an Improvement made for the Prince's Highness of Six Hundred Acres, about Two Years since, out of the Waste Grounds in West Derham and Roxham, in the County of Norff. containing about Sixteen Hundred Acres; and of the said improved Grounds there was set out and inclosed, for the Poor in those Parts, One Hundred Acres, whereupon there was a general Agreement and Consent, by the Commoners, for the said Improvement, under their Hands; which Agreement, upon Information exhibited into the Exchequer, is by the Commoners in their Answer confessed; whereupon the said Improvement, by their Consent, is settled by Decree of the said Court, and the Possession thereof ever since peaceably enjoyed; yet very lately, videlicet, about the 7th of this Instant June, and sitting this present Parliament, about One Hundred several Persons have, in a riotous and tumultuous Manner, pulled down many of the Inclosures, as well on the Prince's Part as on the Poors, and put in their Cattle, although they were by the High Sheriff of that County required to forbear; who were so far from obeying his Commands, that they further threatened to destroy all other the improved Grounds, being now full of Corn, which will tend to the Ruin and undoing of many Persons: Whereupon it is thought fit, and so Ordered, by this House, That the Prince his Highness (being a Member of this House), the poor Inhabitants above-mentioned, and all other Persons claiming from, by, or under his said Highness, shall quietly and peaceably hold and enjoy the said improved Lands, so settled by Decree in the Exchequer as aforesaid, without the Interruption or Molestation of any Person or Persons whatsoever, till the said Decree, being so made by Consent as aforesaid, shall, either by Parliament, or by some other legal Way, be reversed, or made void, or the said Possessors and Owners of the said Improvements shall be ejected out of their Possessions by some Proceeding in other His Majesty's Courts of Justice; and that, in the mean Time, none shall presume to disturb the quiet Possession of the said improved Grounds, either by throwing down of the said Mounds, or wilfully putting in of their Cattle upon the Premises; and lastly, that Wm Chambers, Wm Rumball, Jo. Hastinges, Tho. Clemens, Ed. Fryer, Martyn Kinge, Robert Rawes, Jo. Hayward, Robert Sampson, and Edward Jones, shall be sent for, as Delinquents, to answer their Misdemeanours concerning this Business.

Bill against mixing Wines.

Hodie 2^a vice lecta est Billa, An Act to prevent the unlawful mixing of Wines; and Ordered to be committed to these Lords following:

Their Lordships, or any Five of them, to meet on Saturday next, in the Afternoon, at Two a Clock, and have Power to send for what Merchants and others as they please to inform themselves.

Smithwick versus the East-India Company.

Upon reading the Petition of the East-India Company, desiring longer Time to answer the Petition of Tho. Smithwicke, in regard of their great Business at this Time; it is Ordered, That they shall have Time till Saturday come Fortnight.

House to be called To-morrow.

Ordered, That this House be called To-morrow Morning; and such Lords as cannot give a good Excuse for their Absence are to be liable to a Fine.

Smith versus Busby in Error.

This Day the Writ of Error brought out of the King's Bench, upon a Judgement given between Smith and others, Plaintiffs, against Busbie and others, Defendants, was opened by the Counsel at the Bar, who desired a short Day for arguing of the Case. Hereupon it is Ordered, That this Cause shall be argued, by Counsel on both Sides, on Wednesday come Fortnight; and all the Judges to be then present.

A Message was brought from the House of Commons, by Mr. Hotham:

Message from the H. C. touching the disbanding of some Regiments.

To desire a Free Conference, by a Committee of both Houses, touching the disbanding some Regiments of the King's Army.

Answer.

The Answer returned is: That their Lordships will send an Answer, by Messengers of their own.

Ld. Strange Leave to be absent.

The Lord Strange hath Leave to go see his Father, who is sick.

Letters against Sir Thomas Gower from the Army.

After this, a Letter was read, sent from the chief Commanders in the King's Army to the Lord General, desiring Reparation from Sir Tho. Gower, for the false Reports of them to the House of Commons.

To debate this Letter, the House was put into a Committee during Pleasure.

The House was resumed; and a Message was sent to the House of Commons, by Justice Reeves and Serjeant Glavile:

Message to the H. C. in Answer to the last Message from thence.

To let them know, that their Lordships will give them a present Meeting, in the Painted Chamber, concerning the Message lately brought from them; and to let them understand further, that somewhat will be delivered to them concerning the Army at this Conference.

Report upon Sir Pierce Crosbie's Petition.

Committee to move the King to restore him to his Seat at the Council-board.

Upon Report made unto this House, by the Lords Committees particularly appointed for Sir Peirce Crosebie's Petition, it is Ordered, That those Lords, and others, who gave their Sentence in the Star-chamber against Sir Peirce Crosebie, shall have Notice of his Petition exhibited unto the Lords in Parliament, and be desired to defend the Sentence given by them in that Cause; and that a speedy Day may be appointed for the Hearing of the said Cause; and whereas the said Sir Peirce Croseby was sequestered from the Council-board in Ireland at the Instigation of Sir George Radcliffe, Knight, for voting against a Bill in that Parliament there; it is further Ordered, That His Majesty be moved for his Restitution unto the said Board; and that Notice be given unto Sir Jo. Cooke, and Sir George Radcliffe, that it is the Pleasure of the said Lords in Parliament, That they forthwith make Answer to so much of the Petition of Sir Peirce Croseby as they are concerned in; and that Sir Peirce Crosebie's Witnesses in this Cause shall (by virtue of this Order) deliver in their Testimonies in Writing, under their Hands, unto the Clerk of the Parliament, to be kept sealed up by him, against such Time as the Cause of the said Sir Peirce Crosebie shall come to a Hearing; but the Intent of this House is, and so Ordered, That if the Parties shall be living, and able to come, that then they shall appear in Person and give in their Testimonies viva voce at the Hearing; and lastly, that the Earl of Bath and the Lord Chief Justice of the Common Pleas do move His Majesty, from this House, that Sir Peirce Crosebie may be restored to his Place at the Council-board.

It was likewise Reported by the Committee, for Sir Peirce Crosebie's Petition, "That Sir Phillip Manwaringe and Sir Robert Farrar had, contrary to the Privileges of Parliament, and without any Warrant, violently seized upon the Person of the said Sir Peirce Crosebie and his Papers, upon a bare Suspicion of a Libel only;" whereupon it is Ordered, That the whole Matter shall be hereby recommended to the Parliament in Ireland; who, best knowing their own Privileges and Rights, may be pleased to repair the Petitioner in that honourable and just Way, as in their great Wisdoms they shall think fit.

Forest of Roch.

Ordered, That the Petition of the Inhabitants of the Forest of Roch be referred to the Committee appointed for Sir James Thynne's Bill, if it concerns that Forest; and that it be heard at the same Time with that; if not, to be referred to the Committee for Petitions.

The Answer which was returned to the Message sent to the House of Commons is:

Answer from the H. C.

That they will give a present Meeting, as is desired.

Lords to report the Conference.

The Earl of Bath and the Earl of Bristoll were appointed to report the Conference; and the Earl of Holland to acquaint them with the Letter.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and it being now late, it is Ordered, That the Report shall be made To-morrow Morning.

E. of Lindsey versus Sir Walter Norton.

Ordered, That Sir Walter Norton do peremptorily put in his Answer to the Earl of Lindsey's Complaint against him on Friday next.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 15^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.