House of Lords Journal Volume 4: 31 July 1641

DIE Sabbati, videlicet, 31 die Julii.

PRAYERS.

Rook versus Powell.

Ordered, That Tho. White, Wm. Fowler, Ant. Reylocke, Nic. Payne, William Hudson, Jo. Hasell, Tho. Rogers, Jo. Turner, and William Nicholas, being seafaring, and ready to go to Sea, shall be examined, upon Interrogatories, as Witnesses in the Cause between George Rookes and Charles Powell and others, on the Part of the said George Rookes, by Sir Robert Rich, one of the Masters of the Chancery; and that the said Charles Powell, etc. shall have timely Notice thereof, that they may cross-examine the said Witnesses if they shall think fit; which Examinations are to be used at the Hearing of the said Cause.

Petition of the Inhabitants of Whittlesea.

Upon reading the Petition of the Inhabitants of the Town of Wittlesea, in the Isle of Ely; it is Ordered, That the Parties mentioned in the Petition shall have Copies of it, who are hereby required to make Answers thereunto; and, in the mean Time, no Disturbance of any Inclosure, according to the First Division, shall be made by any Persons; but that the Possessors of the same shall quietly enjoy the same, according to the former Orders of this (fn. 1) House, until the Parliament, or some other of His Majesty's Courts of Justice, shall determine the contrary.

Sir George Ratcliff Leave to go abroad for his Health.

Upon Information this Day unto this House, "That Sir George Radcliffe, being now a Prisoner in The Gatehouse, was indisposed in his Health, by reason of the Closeness of the Place where he remaineth; and that he was an humble Suitor unto their Lordships, that he might receive the Favour to go into the Fields, with such Keepers as their Lordships should think fit;" it is Ordered, That the said Sir George Radcliffe shall have Liberty, by virtue of this Order, with Two Keepers, to go into Chelsea Fields, or any other Fields near thereabout, to take the Air for his Health Sake, at such Times as he shall desire it.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennet:

Message to the H. C. for a Conference concerning the Scots Answer about disbanding their Army.

To deliver a Bill of Sir James Thynne's, which hath passed this House; and further, to desire a Conference, by a Committee of both Houses, so soon as it may stand with their Conveniency, touching the Scotts Answer concerning the disbanding of their Army.

The Earl of Bristoll reported to this House the Scotts Answer, touching the disbanding of their Army, which was read, in hæc verba: videlicet,

Their Answer read.

"Where the Removal of the Scottish Army is desired against the 9th of August, upon the Receipt of a Paper from your Lordships of the 22d July, we did immediately represent the same to the Lord General and Committees, from whom we expect very satisfactory Answers within few Days, by the Earl of Dunferlinge and Lord Lowdon; and for hastening the disbanding, we did, in our Answer of the 21st July, desire that the Arrears might be then delivered, and sent to Newcastle, that we might finish our Accounts, and pay our Debts in those Counties, and be better prepared for our disbanding; but we conceive that the not timeous Delivery of the Arrears shall prove the greatest Impediment in our Removal; therefore, we do remit to the Parliament's Consideration, to take some speedy Course for sending of the whole Arrears; as for the Delay of the Payment of the Eighty Thousand Pounds, we have also represented the same unto the General and Committees, according to the Days mentioned in our Paper of the 22d of July; whereof we do expect the Answer, by the Earl of Dumfermling, and the Lord Lowdon."

30th July 1641.

Bill against Ship-money.

Hodie 3^a vice lecta est Billa, An Act for the declaring unlawful and void the late Proceedings, touching Shipping-money; and for vacating of all Records and Process concerning the same; and, being put to the Question, it was resolved to pass for a Law.

Eggar's Freeschool at Alton.

The Earl of Bath reported the Bill of Jo. Eggar's Free-school, as fit to pass, without any Amendment.

Committee to settle the Dispute between the Lord Mayor, etc. and the Commonalty of London.

Then the Lord Mayor and Aldermen and Commons of London were called, and asked, whether they had composed the Difference between themselves, concerning the Election of the Sheriff; but it being answered, that they had a Meeting about it, yet could not agree; this House took the Cause into Consideration, having heard the Objections on both Sides; and at last appointed these Lords Committees following, to try if they could accommodate the Difference between them, and settle Peace amongst them; if not, to report the same to this House: videlicet,

Their Lordships, or any Five or more, to meet at Five a Clock this Afternoon, in the Painted Chamber; and the Lord Mayor and Aldermen, and some for the Commons, to be present.

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

Answer from the H. C.

That they will give a present Meeting, in the Painted Chamber, as is desired.

The Earl of Bristoll was appointed to deliver the Scotts Answer to the House of Commons, at this Conference.

Conference concerning the Scots Answer about disband their Army, reported.

The House was adjourned into a Committee during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll reported, "That he had delivered the Paper to the House of Commons, as he was commanded."

Regency to be considered.

Ordered, That the Business of the Custos Regni shall be debated on Monday Morning next; in the mean Time, these Lords following were appointed to peruse some Records concerning this Matter: videlicet,

Payne, at the Suit of the Earl of Thanet, bailed.

Ordered, That Tho. Payne, now in the Custody of the Gentleman Usher, shall enter into Bond, with Two sufficient Sureties, in the Sum of Two Hundred Pounds, unto the King, to appear in this House at such Days and Times as their Lordships shall appoint, and to undergo the Pleasure of this House, touching and concerning a Complaint of the Right Honourable the Earl of Thanett, formerly made here against him; and, upon entering into such Bond as aforesaid, he is to be freed of and from his present Restraint or Imprisonment.

Depredations by the French, etc.

Ordered, That the Committee concerning the Depredations do sit on Wednesday next, in the Afternoon.

Mr. Smart's Cause.

Ordered, That Mr. Smart's Cause, against Dr. Cosens, &c. shall be further heard upon Tuesday next, in the Morning.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 2^m diem Augusti, 1641, hora nona, Dominis sic decernentibus.