Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, videlicet, 11 die Aprilis, post meridiem.
The Speaker acquainted the House, "That the Lord Keeper had sent him, inclosed in a Paper, a Letter which was sent his Lordships from the King at Yorke, to be communicated to both Houses of Parliament;" which Letter this House commanded to be read, in hæc verba: videlicet,
A Letter from the King.
"Right Trusty and Well-beloved Counsellor, We greet you well. Our Will and Command is, That, at the next Sitting of Our House of Peers after your Receipt of these Our Letters, you deliver Our Message, sent inclosed, to be read in Our House, and afterwards communicated to Our House of Commons; for which this shall be your Warrant.
Message from the King, that He intends to go to Ireland, to quell the Rebellion there.
"His Majesty, being grieved at the very Soul for the Calamities of His good Subjects of Ireland, and being most tenderly sensible of the false and scandalous Reports dispersed amongst the People concerning the Rebellion there, which not only wounds His Majesty in Honour, but likewise greatly retards the reducing of that unhappy Kingdom, and multiplies the Distractions at Home, by weakening the mutual Confidence betwixt Him and His People (out of His pious Zeal to the Honour of Almighty God, in establishing the true Protestant Profession in that Kingdom, and His Princely Care for the Good of all His Dominions), hath firmly resolved, with all convenient Speed, to go into Ireland, to chastise those wicked and detestable Rebels (odious to God and all good Men), thereby to settle the Peace of that Kingdom, and the Security of this, that the very Name of Fears and Jealousies may be no more heard of amongst us.
"As His Majesty doubts not but that His Parliament will chearfully give all possible Assistance to this good Work; so He requires them and all His Loving Subjects to believe, that He shall, upon those Considerations, as earnestly pursue this Design (not declining any Hazard of His Person in performing that Duty which He oweth to the Defence of God's true Religion and His distressed Subjects), as for these and only these Ends He undertakes it; to the Sincerity of which Profession He calls God to Witness, with this further Assurance, that His Majesty will never consent (upon whatsoever Pretence) to a Toleration of the Popish Recusants in that Kingdom.
"His Majesty hath further thought fit to advertise His Parliament, that, towards this Work, he intends to raise forthwith, by His Commissions, in the Counties near West Chester, a Guard for His own Person (when He shall come into Ireland), consisting of Two Thousand Foot and Two Hundred Horse, which shall be armed at West Chester, from His Magazine at Hull, at which Time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance; the Charge of raising and paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War; which His Majesty will not only well accept, but, if their Pay be found too great a Burthen to His good Subjects, His Majesty will be willing (by the Advice of His Parliament) to sell or pawn any of His Parks, Lands, or Houses, towards the Supplies of the Service of Ireland: With the Addition of these Levies to the former of English and Scotts agreed upon in Parliament, He hopes so to appear in this Action, that (by the Assistance of Almighty God) in a short Time that Kingdom may be wholly reduced, and restored to Peace and some Measure of Happiness, whereby He may chearfully return, to be welcomed with the Affections and Blessings of all His good English People.
"Towards this good Work as His Majesty hath lately made Dispatches into Scotland, to quicken the Levies there for Ulster, so He heartily wisheth that His Parliament here will give all possible Expedition to those which they have resolved for Munster and Connaught; and hopes that the Encouragement which the Adventurers (of whose Interest His Majesty will be always very careful) will hereby receive (as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by both Houses of Parliament), will raise full Sums of Money for the doing thereof.
"His Majesty hath been likewise pleased (out of His earnest Desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament) to prepare a Bill, to be offered to them by His Attorney, concerning the Militia, whereby He hopes the Peace and Safety of this Kingdom may be fully secured, to the general Satisfaction of all Men, without Violation of His Majesty's just Rights, or Prejudice to the Liberty of the Subject.
"If this shall be thankfully received, He is glad of it; if refused, He calls God and all the World to judge on whose Part the Default is. One Thing His Majesty requires (if this Bill be approved of), That, if any Corporation shall make their lawful Rights appear, they may be reserved to them.
"Before His Majesty shall part from England, He will take all due Care to intrust such Persons with such Authority, in His Absence, as He shall find to be requisite for the Peace and Safety of this Kingdom, and the happy Progress of this Parliament."
This Message from the King to be communicated to the H. C.
Ordered, That this Message of His Majesty's be communicated to the House of Commons at a present Conference; and to let them know, that, in regard this Message will require some Time to consider of it, being of so great Concernment, that their Lordships are resolved to adjourn until Wednesday next, and to desire them to do the like, if it may stand with their Conveniency.
Message to desire a Conference concerning it.
To desire a present Conference, by a Committee of both Houses, if it may stand with their Conveniency, in the Painted Chamber, touching a Message received from the King, being a Matter of very great Importance.
Order for Witnesses concerning the Kentish Petition.
Ordered, That Sir Michaell Livesey, Baronet, of Sheppey, Sir John Sidley, Knight and Baronet, of Ightam, Thomas Maning, Gentleman, Charles Bray, Clerk, Thomas Rogers, Gentleman, Thomas Seyhard, Esquire, James Selyard, Gentleman, John Selyard, Francis Cooper, Gentleman, Anthony Saxby, Edward Thomas, Mr. Peck, John Cooper, Bryan Burton, Senior, George Toller, and Widow Toller, shall forthwith, upon Sight hereof, attend the Committee of both Houses of Parliament, particularly appointed for the Examinations touching the Kentish Petition, and give in their Testimony, on Behalf of the House of Commons, against Sir George Stroude.
Message from the H. C. to communicate Two Petitions;
1. To communicate to their Lordships Two Petitions, received from the County of Yorke; one presented to His Majesty, and His Majesty's Answer to the same; and another Petition from the said County to both Houses of Parliament.
and to hasten the Commissions of Colonels and Captains in the Militia.
Petition of the County of York to the King.
"That, although the piercing Anguish of our Souls, proceeding from the general Distractions of this Kingdom, be eased by the Comfort of Your Majesty's Royal Presence, and gracious Confidence in the Affections of this County, which hath filled our Hearts with Hopes, and our Tongues with Joy; yet the Fellow-feeling of the passionate Sorrows, and Heartbreaking Apprehensions, which overwhelms the other Parts of this afflicted Kingdom, do inforce us, after the humble Tender of our Lives and Fortunes for the Safety and Assurance of Your Majesty's Royal Person, Crown, Honour, and Estate, just Prerogative, and Sovereignty, in any Capacity wherein we may serve Your Majesty according to the Law, to follow that Sacrifice of bounden Duty with our earnest Prayers and Petitions, which shall not cry in Your Princely Ears for Help to almost-ruined Ireland, nor implore Your Majesty's Concurrence for the Propagation of the Protestant Religion and Suppression of Popery, since Your Majesty's Declaration of Yourself in those Particulars renders it an unpardonable Crime to desire further Assurance or Addition to Your Majesty's own Words, sacred before God and Man: But, emboldened by Your Royal Resolution declared, to take away not only the just Fears, but also the Jealousies, of Your loyal Subjects, and inforced by that infallible Oracle of Truth, that a Kingdom divided cannot stand, we, from the Center of every one of our Hearts, most earnestly supplicate, that Your Majesty (being most interested in the flourishing State and Union of Your Dominions, and, by long Experience in Government, best acquainted with Prevention of Dangers and Remedy of Evils) will be graciously pleased to declare such fit Means and Expedients, as may take away all Distance and Misunderstandings betwixt Your Majesty and Your Great Council; to whom we will also address ourselves, for such Endeavours, on their Part, as may beget in Your Majesty a Confidence in their Councils, and that blessed Union, so necessary to this perplexed Kingdom, and most desired by us, and all Your Majesty's loving and faithful Subjects.
The King's Answer to it.
"In the First Place, He is glad to see that what you say concerning the Relief of His distressed Subjects in Ireland, and the Propagation of the true Religion amongst us, against all Superstition of Popery, is only to shew your Confidence in His Princely Word; wherein He again hath commanded me to answer you, that He will neither deceive your Trust, nor wrong Himself so much as not to be very punctual in the Performance of the Engagements He hath already made, concerning those Particulars; which, besides the Performance of His Word (which He holds most dear unto Him), His own Inclination naturally induceth Him unto.
"Now, concerning the Prayer of your Petition, His Majesty doth graciously interpret, that your desiring Him to declare such fit Means and Expedients as may take away all Distance and Misunderstandings betwixt His Majesty and His Great Council, is no otherwise than to have the more authentic Ground, and the better Direction, which Way to carry yourselves, in your Addresses to the Parliament for that Effect; and therefore His Majesty assures you, that not only the best, but (as He conceives) the sole Way for this good Understanding between His Majesty and His Parliament (which He assures you that He not less desires than yourselves) is, that the Parliament would take His Majesty's Message of the 20th of January last into Consideration, speedily, seriously, and effectually; and that the Militia of this Kingdom may be settled by Act of Parliament, according to His Majesty's Explanation of His Answer concerning the Militia, which He made in the Answer He returned to both Houses upon the Petition presented to Him the Twenty-sixth of March last; and therefore His Majesty desires you to take those Answers and that Message into your serious Consideration; and thereupon to proceed (according to the Intimation in your Petition) in your Addresses to the Parliament, as you shall judge fittest for the Good of this Kingdom, and the Expressions of your Duty and Affection to His Majesty's Person and State.
The Petition of the County of York, to both Houses of Parliament.
"That our pressed Hearts, in the Midst of Fears, sends up daily Prayers to Heaven, for the unwearied Cares and Endeavours for the Public Safety; and, in our saddest Apprehensions, we first offer our hearty Prayers for you, it being most just to prefer those to ourselves, who for our Sakes neglect themselves and all particular Interests, and thereby raise in us a firm Confidence (by God's Blessing) to receive from you a continual Stream of prosperous Counsels and Resolutions, for the Benefit of this State and Kingdom; which being apparently sick of general Distraction, we humbly submit to your Wisdoms and Directions, whether there be any Cure or Remedy under Heaven so proper and natural as Concurrence and Unity (which we have still observed to be the Aim and Scope of all your Proceedings); and therefore, in Pursuance thereof, lately petitioned His Majesty to declare such fit Means and Expedients as may take away all Distances and Misunderstandings (the Copy whereof, together with His Majesty's Answer, we send hereunto annexed); which having not produced any new Overtures or Expedients not formerly declared, (as was hoped), we likewise address ourselves to your Wisdoms, that, as your Determinations do always tend to the general Happiness, so you would please to declare such fit Means as may take away all Distances and Misunderstandings, in such Manner as conduceth to that End, and consists with your Honour and His Majesty's, and the assured Safety of the true Protestant Religion, and His Majesty's Dominions; wherein we are most confident that your Wisdoms will equally provide, that neither His Majesty's just Prerogative, nor the declared Liberties of the Subject (of which the Privilege of Parliament is the most eminent), shall in the least Measure suffer Diminution; all which Particulars, by the Protestation generally taken in this County, we are bound to maintain: and your Petitioners (who acknowledge, and give hearty Thanks for, the excellent Laws and Freedom, which we have received and enjoyed since the Beginning of your Assembly) shall daily pray that the Progress of your Endeavours may give Perfection to your great Work and pious Intentions, and that the Almighty would crown you and them with all Blessings and continued Protection."
Answer to the H. C.
Order for the Marquis of Hertford, either to attend the House, or to take Charge of the Prince at York.
Whereas this House was this Day informed, "That the Lord Marquis of Hertford is gone out of the Town, towards the City of Yorke, to give his Attendance as Governor to the Prince;" and their Lordships taking Notice that he was required to discharge that Trust, in an Order made the Fourteenth of January 1641, in these Words following: videlicet, "Upon the Motion of the House of Commons, the Lords in Parliament do Order, That the Marquis Hertford (appointed by His Majesty to be Governor to the Prince), as he will answer the Breach of that Trust that doth so immediately concern the present and future Peace and Safety of the Three Kingdoms, forthwith do repair to the Prince, and, according to the Duty of his Place, to take Care of him, and give his Personal Attendance on his Highness, and to be very watchful to prevent that he be not carried out of the Kingdom:" It is this Day Declared, That this House doth expect that the said Marquis shall be answerable for all the Particulars required of him by the said Order, if he proceed in his Journey to Yorke; and in case he will not undertake to discharge the Trust of his Place aforesaid, according to all the Particulars in the said Order, it is now Ordered, That he repair to give his Personal Attendance, on Wednesday next, in the Lords House of Parliament.
To be sent Express to him.
Justice Mallet Liberty to go abroad with his Keeper.
Upon the humble Petition of Mr. Justice Mallett, now a Prisoner in The Tower of London; it is Ordered, That he shall have Liberty, by virtue of this Order, to go abroad with his Keeper, about his own particular Affairs, provided he return every Night unto The Tower.
Clerk of the Assizes for Kent, to deliver Copies of Indictments.
Ordered, That the Clerk of the Assizes for the County of Kent shall forthwith write, or cause to be written, the Copies of such Indictments and other Records as this House shall think fit to require, by Mr. John Crosse, Francis Cornwell, and Richard Beale, or some of them, for the Service of the Parliament; and hereof he may not fail, as he will answer the contrary.
Quarrel between Pinchback and Bretheridge to be accommodated.
Upon Information to this House, "That there is a Quarrel and Difference between Mr. Pinchbacke and Mr. Bretheridge; which if there be not some speedy Course taken in it, it will come to Matter of Blood:" Hereupon this House referred the Business to the Examination of the Earls of Bathon, Bedford, and Pembrooke, and to end the Differences, and make Peace between them; and it was Ordered, That the said Mr. Pinchbacke and Mr. Bretheridge shall be summoned to attend the said Lords, or any Two of them, on Tuesday the 12th of this Instant April, at Nine of the Clock in the Morning, in the Painted Chamber; and that the said Pinchbacke and Bretheridge are hereby commanded to keep the Peace in the mean Time, as they will answer the contrary at their Perils.
Message from the H. C. about the King's Message concerning His going to Ireland.
For the Declaration of Grievances, and their Remedies, to be considered; and with an Order to pay 4000 l. to Mr. Loftus for Ireland.
To let their Lordships know, "That the House of Commons have taken the King's Message into Consideration, delivered to them at the last Conference; and they agree with their Lordships Sense, that, it being of so great Importance, it will require some Time to consider of it; but the House of Commons do not think it fit to adjourn their House until Wednesday, in regard of the great Business of Ireland, which lies upon them; and the House of Commons desired (if their Lordships sit To-morrow) that they would be pleased to take into Consideration the Declaration formerly brought up from the House of Commons, of the Evils and Remedies."
And further, "That he was commanded, by the House of Commons, to desire their Lordships Concurrence, in an Order to pay Four Thousand Pounds to Mr. Nicholas Loftus, out of the Adventurers Money for the Occasions of Ireland."
"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That John Warner, John Towse, Thomas Andrewes, Alderman, and Laurance Halsteede, Esquire, appointed by the Act of Parliament to be Receivers and Collectors of such Monies as shall be adventured for the speedy and effectual reducing of the Rebels in Ireland to the Obedience of His Majesty and the Crown of England, shall pay and deliver unto Nicholas Loftus, Esquire, Deputy to the Treasurer at War for Ireland, the Sum of Four Thousand Pounds, of the Money in their Hands, to be employed in paying the Half-pay, and for advancing a Month's Pay before-hand, to the Officers of the Six Regiments transporting them into Ireland; and for the Payment hereof, an Acquittance under Mr. Loftus's Hand shall be a sufficient Discharge; and the Adventurers shall have the Public Faith of the Parliament for Re-payment of the same, out of the Monies that shall come in upon the Bill of Four Hundred Thousand Pounds, or any other Ways that shall first come in."
Declaration of Grievances and Remedies to be considered.
Answer to the H. C.
That this House will sit To-morrow in the Afternoon, at Two of the Clock, and take into Consideration the Evils and the Remedies; and that this House agrees with the House of Commons in the Order for Four Thousand Pounds for the Affairs of Ireland.
Lord Keeper to attend the House.
Ordered, That the Speaker of this House shall send to the Lord Keeper, to give him Notice to attend this House on Wednesday next, in regard of the great and important Affairs now in Agitation in this House.
E. of Dorses to attend the House.
Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 12m diem instantis Aprilis, 1642, hora 2a post meridiem, Dominis sic decernentibus.
York Petition to be printed.
The King's Letter to the Lord Chamberlain, to attend Him at York, or deliver up his Ensign of Office.
The Lord Chamberlain acquainted this House, "That his Lordship having formerly received a Letter from His Majesty, to give his Attendance upon Him at Yorke, their Lordships thought it fit to command him to attend the great Affairs depending in this House; since which, his Lordship hath received another Letter from His Majesty, to attend Him at Yorke, or else to deliver up the Ensign of his Office to the Lord Viscount Falkland; which his Lordship thought it his Duty to let their Lordships know."
"Right Trusty and Right Well-beloved Cousin and Counsellor, We greet you well. We are so much unsatisfied with the Excuse you have made for not obeying Our Command for your Attendance on Us here, according to the Duty of your Place in Our Household, as We have thought good, by these Our Letters, to second Our former Command; and, that you may be the more inexcusable, We have accompanied Our said Command with Our Licence and Dispensation inclosed, for your Absence from Parliament; willing and commanding you (all Delays and Excuses set apart) to tend Us here before the 18th of this Month, when We have appointed to keep St. George's Feast; or, in case you shall persist in your Disobedience, We then require and command you to deliver up into the Hands of the Lord Falkland (One of Our Principal Secretaries of State), for Our Use, the Ensign of your Office; which, when We last parted from Whitehall, you offered to resign to Us, rather than you would at that Time (as We had commanded you) wait upon Us so far as Hampton-Court: But We did then, of Our Grace and Favour, wish you to consider of it, in Hope you would, upon further Consideration, not have seconded that Disobedience.
A like Letter to the Earl of Holland, Groom of the Stole.
Then the Earl of Holland acquainted the House, "That the King had sent him a Letter, of the same Tenor as the Lord Chamberlain's, with a Letter of Dispensation, commanding him to give his Attendance on His Majesty at Yorke, as Groom of the Stoole, or else to resign up the Ensign of his Place to the Lord Falkland."
The Lord Chamberlain and Earl of Holland's Narrative of their parting with the King at Whitehall.
After this, the Lord Chamberlain and the Earl of Holland made a Narrative to this House of the whole Business concerning their taking Leave of His Majesty at Whitchall that Day He went to Hampton-Court; and how they were commanded by the Committee of this House, which then sat at Grocers Hall in London about the great Business of the Kingdom, to attend that Committee.
The Lord Chamberlain and Earl Holland commanded to attend the House.
Upon this, the House commanded the former Order, for commanding the Lord Chamberlain and the Earl of Holland's Attendance on this House, to be read; and likewise caused the Lord Keeper's Letter, sent to the King concerning them, to be read; which being done, the House confirmed their former Order; and again Ordered and commanded the Lord Chamberlain and the Earl of Holland to give their Attendance on this House, in regard of the present great and urgent Affairs now depending in Parliament, notwithstanding His Majesty's Letters and Dispensations.
The Speaker, by Directions of the House, commanded their Lordships Attendance on this House, as aforesaid; and they, obeying the said Command, went forth, and delivered up the Ensigns of their Places to the Lord Falkland.
Then the House considering this Business to be a Matter of great Importance, as concerning the Honour and Privileges of Parliament, and that the Earl of Essex and the Earl of Holland had done nothing but what they ought to have done in obeying the Commands of this House; their Lordships took this Business into serious Debate, and made these Resolutions following: videlicet,
Ld. Chamberlain and the Earl of Holland's attending the House, no disobedience of the King's Command.
Removing them for not attending the King, a Breach of Privilege.
That the removing of the Earls of Essex and Holland from their Places in Court, for this Cause only, that they obeyed the Orders and Commands of this House in their Attendance here in Parliament in Pursuance of His Majesty's Writ of Summons to Parliament, is against the Privileges of Parliament.
The King's Licence cannot discharge a Peer's Attendance upon the House.
That the King's Licence and Dispensation, under His Privy Signet and Sign Manual, for any Lord's Absence from Parliament, when the House shall command him to attend, cannot discharge his Attendance upon the said House.
A Lord disobeying the Command of the House, is punishable by the House.
That any Lord disobeying the Command of this House, to give his Attendance here, notwithstanding any Licence or Dispensation under His Majesty's Privy Signet and Sign Manual, is punishable by this House.
Conference to be had with the H. C. about it.
Message to the H. C. to sit a while.
The Earl of Dorset's Cause of Absence, and his Resolution not to go to York without Leave.
The Lord Viscount Saye & Seale acquainted the House, That the Earl of Dorsett sent to him, to desire him to let their Lordships know, that the Reason why he hath so long absented himself from giving his Attendance on this House is in regard of his ill Health; but, so soon as he is able, he will attend this House, according to his Duty; and whereas he hears this House was informed that he had an Intent to go to Yorke, he desires their Lordships to believe, that he will not go to Yorke, nor any other Place, without Leave of this House."
Lords to draw up Heads for a Conference, about the Lord Chamberlain and the Earl of Holland's being removed.
The L. Admiral.
The L. Viscount Saye et Seale.
Message to the H. C. for this Conference.
Message from H. C. to expedite Two Bills.
Bills from thence.
And an Answer to the High Sheriff of Yorkshire.
3. That the House of Commons considering that some Part of the Petition of the County of Yorke to the Parliament requires an Answer, the House of Commons have drawn up an Answer, to be sent to the Sheriff of that County; wherein they desire their Lordships Concurrence:
Letter to the Sheriff of York, in answer to the Petition of that County.
"This House hath read the Petition from the County of Yorke; the Expressions therein are so full of Affections to the Public Good of the Kingdom and Parliament, that they receive it with much Content and Satisfaction, and assure you by me, that your Zeal to the Commonwealth hath added much to the Honour of your Country; commanding me, in their Names, to return their very hearty Thanks. The House concurs with you in Opinion, that the only Remedy for this distracted Kingdom, to recover its ancient Strength, Happiness, and Lustre, is Unity; which, as it hath ever been the Aim and Scope of all their Proceedings, so shall it ever be the chiefest of their Endeavours; and for this Purpose they are already upon framing their humble Desires to His Majesty, wherein they shall request such Things as they conceive do chiefly tend to the Honour of God, the Greatness and Prosperity of His Majesty, and the Public Good of this Commonwealth. These were almost perfected before the Receipt of your Petition, and will very speedily be sent to the King; which had been done ere this, but that His Majesty withdrawing Himself so far from the Parliament, and those many Denials they have had in those Things they have desired, have necessitated them to spend much of their Time in Messages, and diverted them from other more necessary Business; but they doubt not but, in these Desires, they will make such clear Demonstrations of their Duty to the King, and Love to His People who have intrusted them, that they shall fully acquit themselves thereof both to Him and them.
The Bills from the H. C. to be immediately considered.
Answer to the H. C.
Heads of the Conference reported, concerning the E. of Essex, Lord Chamberlain, and the E. of Holland, Groom of the Stole, being removed.
"5. To let the House of Commons know, how sensible their Lordships are of these Proceedings, as an Effect of dangerous and evil Counsels; which, as it concerns the whole Kingdom, they doubt not but the House of Commons will have an equal Resentment of it with them, that Persons of their Merit have suffered for their good Affections to the Public."
All which this House approved of; and Ordered, (fn. 1) That the Conference should be thus managed by the Lord Admiral.
Answer from the H. C. about this Conference.
Marquis of Hertford's Order delivered.
The Messenger that was sent with the Order of this House to the Lord Marquis Hertforde gave the House this Account: "That he delivered the said Order to the Lord Marquis; who read (fn. 2) it, but returned no Answer by him."
Petition of the Countess Dowager of Rutland, in Answer to the E. of Rutlands.
Then "The humble Petition of Frances Countess Dowager of Rutland, and her humble Answer to a Petition presented to this House the 6th Day of this Instant April, by the Right Honourable John now Earl of Rutland," was read;
"That the Petitioner, being seised for her Life for her Jointure, amongst other Things, of the Wood in the Petition mentioned, called Reppesley Rice, distant about Seven Miles from the Castle of Belvoire, did, by Advice of Counsel, give Commission to some of her Servants, to cause to be felled and sold, for her Use, such Coppice-wood and Underwood there as was lawful for her to do; which was so far from being Displeasure to the now Earl, that his Officers, with his Lordship's Consent, did make an Agreement for my Lord to have the Wood there to be felled, at the Price of Eight Hundred Pounds, for which Security was to be given; but, after some Delays therein, his Lordship thought fit to depart from that Agreement, notwithstanding an Offer was afterwards made that Two might be appointed for his Lordship, to join with Two to be appointed for the Petitioner, and those to agree upon and mark all such Trees as the Petitioner should cause to be felled; from which Proposition the said Earl thought fit to depart: Whereupon the Petitioner appointed some of her Servants in those Parts to cut down and sell such Woods, from the Lands in the Petition mentioned, amongst other Lands, as by the Petitioner's Estate and Interest therein might lawfully be done; wherein if the Servants or Officers of the Petitioner have exceeded the Authority and Commission by her given unto them, and any Ways injured the Right of the said Earl, the Petitioner will be contented to wave her Privilege of Parliament, and to answer such Actions as shall be brought against her for the same by the said Earl.
"In regard whereof, and for that the Petitioner is very aged, as in the Petition of the said Earl is truly alledged, and not likely to live long, but wholly to be debarred of the Profit of the said Woods, rightfully belonging to her as Parcel of her Jointure, if she should be restrained by Order of this House from felling the same:
"The Petitioner humbly prays their Lordships would be pleased, according to their accustomed Justice, to permit the Petitioner to enjoy the Profits of her Jointure, which do lawfully belong unto her, without any such Order of Restraint as is desired by the Petition of the said Earl."
The Countess of Rutland to continue her quiet Possession.
Hereupon this House Ordered, That the Earl of Rutland shall have a true Copy of the said Petition, under the Clerk of the Parliament's Hand; and that the said Countess Dowager of Rutland shall continue her quiet Possession, until she be evicted by Law, or that the Pleasure of this House be signified to the contrary.
Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 13m diem instantis Aprilis, hora 9a Aurora, Dominis sic decernentibus.