House of Lords Journal Volume 4: 13 July 1641

DIE Martis, videlicet, 13 die Julii.

PRAYERS.

Act concerning the Stannary Court read.

Hodie 1^a vice lecta est Billa, An Act against divers Incroachments and Oppressions in the Stannary Court.

Archbishop of Canterbury's Petition, concerning the Payment of Poll money.

Upon reading the Petition of the Archbishop of Cant. concerning his Payment of Poll-money; it is Ordered, To be left to be paid according to the Act of Parliament.

E. of Oxford's Estate.

Lords Committees appointed to consider of the Estate of the Earl of Oxon: videlicet,

The L. Gr. Chamberlain. Epus. Lincolne.

Votes concerning the Court of York.

After this, the House proceeded to consider of the Court of Yorke, and to give Judgement therein. For the freer Debate hereof, the House was put into a Committee during Pleasure; and the Votes of the House of Commons were read.

And, after much Debate, the House was resumed. And it was Resolved, upon the Question, by the major Part, That the Commission and Instructions, whereby the President and Council of the North exercise a Jurisdiction, is illegal, both in the Creation and Execution.

Resolved, upon the Question, by the major Part, That this Commission and Instructions is unprofitable to His Majesty.

Resolved, upon the Question, nemine contradicente, That this Commission and Instructions is inconvenient and grievous to His Majesty's Subjects of those Parts.

Resolved upon the Question, nemine contradicente, That this House doth join with the House of Commons, in beseeching His Majesty that the present Commission and Instructions may be revoked, and no more such granted for the future.

Memorandum, This House doth declare, seeing the Commission and Instructions of the Court of Yorke is illegal in the Creation and Execution, That the former Judges in the Court of Yorke, who have given Judgement, and proceeded, as they thought in their Consciences, upon true and legal Grounds, shall not be liable to Punishment for the Time past, unless it be for Corruption; and also, that all Judgements and Decrees in that Court shall not be liable to Question but in Case of Injustice, and that none in that Case shall be barred of their Appeal; and, if it appear that there is a Necessity for the Ease of that Country to have a Court, this House will advise with the House of Commons how one may be established by Law, for the Ease of those Parts.

Committee to prepare Heads for a Conference on this Subject.

Hereupon these Lords following were appointed to draw up some Heads to prepare for Conference with the House of Commons, concerning the aforesaid Particulars, that so the Persons that were Judges, and the Acts of that Court, may have a Saving for them: videlicet,

E. of Cleveland's Bill.

Ordered, That the Report concerning the Earl of Cleveland's Bill be made on Thursday next, in the Afternoon.

Bill against Recusants.

Ordered, That the Committee concerning the disarming of Recusants do meet this Afternoon; and the Lord Brooke is added to the Committee.

Burrell's Security.

Ordered, That the Security which Burrell is to give be only for Appearance at the Hearing of the Cause.

Sir Jo. Lucas's Cause concerning Rioters in Essex.

Ordered, That the Examinations returned from Colchester, concerning the Cause between Sir John Lucas and others, shall be delivered to the Judges and others who are appointed to take the other Examinations in that Cause; and they are to report them to this House with the rest of the Examinations.

Establishing the Possessions of the Earls of Bedford and Portland in Whittlesea.

Whereas several Orders have heretofore been made in this House, for the establishing of the Possession of the Right Honourable the Earls of Bedford and Portland, in certain Lands remaining unto their Lordships upon the Division of the Common and Waste Grounds belonging to the Town of Wittlesey, within the Isle of Ely and County of Cambridge, made betwixt their Lordships and the Tenants of the said Town, until they were evicted either by Parliament or by some other of His Majesty's Courts of Justice, as by the Orders it doth appear; that, notwithstanding, divers of the Inhabitants of the Town of Rumsey, in the County of Huntingdon, have put in their Cattle into the said Grounds, and do still keep the same there by Force, upon Pretence that the said Grounds do lie within the Parish of Rumsey, in the County of Huntingdon; and, to make good the said Pretence, one Henry Gardner, Edward Marriot, and John Snosdell, Inhabitants of the said Town, have brought several Actions of Trespass and Replevins against their Lordships Bailiff and Servants, for impounding the Cattle found upon the said Grounds, contrary to the Privilege of Parliament, and do endeavour to bring the said Actions to a Trial at the next Assizes for the County of Huntingdon; it is therefore Ordered, &c. That all the said Suits shall be stayed until next Term, according to the said Privileges of Parliament; and that the Possession of the said Grounds shall be continued with their Lordships, as well against the Inhabitants of the Town of Rumsey as against all other Person and Persons, according to the Orders above recited, until this Parliament, or other His Majesty's Courts of Justice, shall order or determine the contrary.

General Order for Possessions, to secure them from Riots and Tumults.

Whereas daily Complaints are made unto this House, of violent breaking into Possessions and Inclosures, in riotous and tumultuous Manner, in several Parts of this Kingdom, without any due Proceeding by Course of Law to warrant the same, which have been observed to have been more frequently done since this Parliament began than formerly; it is thought fit, and so Ordered, by the Lords in Parliament, That no Inclosure or Possession shall be violently, and in a tumultuous Manner, disturbed or taken away from any Man, which was in Possession the First Day of this Parliament or before, but by due Course and Form of Law; and that such Possessions of all Men shall continue and remain unto them as they were on the First Day of this Meeting of Parliament, unless it have been, or shall be, by some legal Way of Proceeding in some of His Majesty's Courts of Law or Equity, or by some Act or Order of the Parliament determined or ordered to the contrary; and in all such Cases, where any such unlawful Disturbance of the quiet Possession of any Man hath happened, or shall happen, (fn. 1) he shall have Power, by virtue of this Order, together with Two of the Justices of the Peace of the said County next or near to the Place, and such others as he or they shall think fit to take with him or them, to repair unto the Place where such Tumults happen to be, and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid, and shall see to, and cause that the Possession be continued unto the present Owners as aforesaid, until, by a legal Course in some Court of Law or Equity, or by Order of Parliament, it be determined or Ordered to the contrary.

Report from the Committee, concerning the Officers of the Star-chamber.

The Lord Bishop of Lincolne reported, "That the Lords Committees appointed for to consider of the Petitions of the Officers of the Star-chamber, have fully heard their Cause; and they are of Opinion, and do not conceive of any fitter Way of Relief for these poor Officers, the King's Servants, than to remit them to the King's Mercy, that His Majesty would be graciously pleased to allow a proportionable Relief for these poor Men, out of such Fines as may accure unto His Majesty in the High Court of Parliament, to be apportioned by the Lords of the Committee, or otherwise, as their Lordships shall be pleased to approve thereof, and Order it."

Order about the Disorder in St. Thomas Apostle's Church, London.

Upon Report this Day unto the House, by the Right Honourable the Lord Seymour, "That the Differences between the Parishioners of St. Thomas the Apostle, complained of unto the Lords in Parliament, was composed by his Lordship, to whom the Business was referred;" it is Ordered, &c. That the said Differences, together with the Cause depending before their Lordships, shall (by virtue of this Order) be fully ended and determined; and lastly, that John Blackwell shall, for himself and others petitioned against, forthwith pay unto the Overseers of the Poor of that Parish, upon Sight hereof, to the Use of the said Poor, the full Sum of Ten Pounds, of lawful Money of England; and hereof they are not to fail, as they will answer the contrary.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 14^m diem instantis Julii, hora nona, Dominis sic decernentibus.