DIE Martis, videlicet, 3 die Maii.
E. of Nottingham's Privilege.
This House being this Day informed, "That one
Thomas Hunt, a menial Servant of the Earl of Nottingham, is arrested, contrary to the Privilege of Parliament;" it is Ordered, That the said Thomas Hunt
shall be forthwith released of his Imprisonment.
"To the Bailiff of Westm.
or his Deputy."
Mr. Clark to be Minister of Stisted.
Ordered, That this House doth, in Pursuit of their
former Orders, recommend Mr. John Clarke unto the
Archbishop of Canterbury, to be presented to be Minister of Stisted, in the County of Essex.
Next, this House took into Consideration the Cause
of the Lord Viscount Ely; and, after a full and mature Debate, this House gave this Judgement as followeth:
L. Viscount Ely's Judgement.
"In the Cause of the Right Honourable Adam Lord
Viscount Ely, in His Majesty's Kingdom of Ireland,
and late Lord Chancellor of Ireland, transmitted as
a Declaration and Desire of the Commons in Parliament to this Honourable House, upon the Complaint
of the said Lord Viscount Ely to the said House of
Commons, and by the said Lord Viscount Ely prosecuted in this Honourable House, to have the Reversal of a Decree of the First of February, Anno
1637, made against him and his Son Sir Edward Loftus
in Ireland, by the late Lord Deputy and Council, at the
Council Board there; and to make void all subsequent
Orders made upon the same, and all Conveyances and
Fines by him and his Lady, Sir Edward Loftus and his
Lady, made and suffered of his Manors and Lands, enforced by Imprisonment of the said Lord Viscount Ely,
by Force of that Decree, and to have all Evidences
touching the same re-delivered him, and a Statute of
Four Thousand Pounds he was compelled to enter
into vacated, and to have Restitution of Monies taken
from him, by Way of a Sequestration, subsequent to
that Decree: Upon full Hearing of the said Cause in
this House several Days, the said Decree and all Acts
done thereupon appearing to have been unjust and
illegal, in regard Sir Robert Loftus, the Eldest Son
of the said Lord Viscount Ely, the Person for whose
Benefit the same was made, was no Party to it, but
did deny his Privity and Assent unto that Suit against
his Father; and the Party in whose Name the Prosecution was, was therein no whit concerned; that
all the Colour to warrant the Proceedings at the
Council Board there, was a Petition transmitted out
of England, with His Majesty's Letter, and the
Cause not there proceeded in upon that Petition, but
upon a much different Petition, that was grounded
upon a supposed Parole Agreement almost Twenty
Years before; that it was built but upon a single Testimony, and that various in itself, and was a Decree
for Manors and Lands of Inheritance, of a great
Yearly Value, at the Council Board; and a Settlement enforced to be made, contrary to the Prayer
of the Petition, in such Manner as the same is wholly
destructive to the Family and Honour of the said Lord
Viscount Ely; the Inheritance of the whole Estate,
in case the Decree and Conveyances should stand,
being thereby devolved upon an Heir Female, the
said Sir Robert Loftus being dead, and Issue male
of his Body being:" It is therefore Adjudged and
Ordered, by the Lords in Parliament, That the said
Decree be absolutely reversed, and all Acts and Conveyances enforced thereby, or made pursuant thereto,
made void; and that all the Monies, received by Force
of the said Decree, Sequestration, and subsequent
Orders, and paid over to Sir George Wentworth, Knight,
and for which the said Sir George Wentworth gave an
Acquittance to Sir Paul Davis, Clerk of the Council
there, who, by Orders there, had received and paid
over the same to him, shall, by the said Sir Georg Wentworth, his Heirs, Executors, and Administrators, be repaid to the said Lord Viscount Ely, his Executors,
Administrators, or Assigns; and that Robert Lord Dillon,
now Earl of Roscomon, Sir Adam Loftus, and Sir Phillip
Manwaring, Knights, and their Heirs, who now, by
their Counsel, submitted thereunto, and all and every
other Person or Persons, or his or their Heirs, who shall
or may claim, or pretend any Claim, Estate, or Interest,
in or to all or any the Manors, Lands, Tenements, or
Hereditaments, conveyed by Force, or in Pursuance,
of the said Decree, or subsequent Orders there made
concerning the same, shall re-convey all and singular the
Premises to the said Lord Viscount Ely, or the Heirs
Males of his Body, with Remainder to his Right Heirs,
freed and discharged of all Incumbrances by them done
or suffered, in such Manner as the Counsel of the said
Lord Viscount Ely shall advise; and that such Land as
hath been bought by the Lord Viscount Loftus, descendable to the Heir General, with Two Thousand
Pounds, shall descend and come to Anne Loftus, Daughter
and Heir of Sir Robert Loftus, and Grandchild to the
said Viscount Ely, Heir General of the said Lord
Viscount Ely; and, if no such Land hath been heretofore bought for her the said Anne Loftus, nor
Two Thousand Pounds paid for her Use, then Two
Thousand (fn. *) Pounds, which is to be restored to the Lord
Loftus, shall be deposited in the Hands of Sir George
Wentworth, unto the Use of the said Heir General:
And the Lord Chancellor of Ireland for the Time being,
shall take Care of the Performance of this Order; and
that good and sufficient Security be given, that the Two
Thousand Pounds, allotted unto the Heir General as
aforesaid, with the Interest and Increase thereof, shall
duly and truly be paid unto the aforesaid Anne Loftus,
either at her Day of Marriage, or Attainment of her
Age of One and Twenty Years; and, if the said Anne
Loftus shall not be married, or happen to die before
she comes to Years to enable her in Law to dispose of
the aforesaid Two Thousand Pounds and the Improvement thereof, that then the same shall revert and come
to the Lord Viscount Ely, his Heirs, Executors, or Administrators. And it is further Ordered, That all
Writings and Evidences, concerning all and every the
Manors, Lands, and Premises of the said Lord Viscount Ely, shall be delivered to him, his Heirs or Assigns;
and that the Statute of Four Thousand Pounds be vacated, and all Parties that are concerned are, upon
Sight of this Order, to yield Obedience, and to do and
perform all Things according to the Tenor thereof.
Bill for exempting the Four Counties from the Marches of Wales.
Ordered, That the Bill for the exempting of the
Four Counties out of the Jurisdiction of Wales shall be
taken into Consideration To-morrow; and then the
Counsel of the Lord Goringe and others shall be heard
at this Bar.
Leigh and Wingfield.
Upon reading the Certificate of Mr. Justice Heath,
touching the Business between Wolley Leigh, Esquire,
and Edward Maria Wingfeild, Esquire; it is Ordered,
That both Parties shall attend this House To-morrow
Morning; and then this House will hear what Exceptions Mr. Wingfeild can take to the said Certificate.
Upon reading the Petition of the Lord Viscount
Grandison, the Lord Phillip Herbert, Sir James Levingston, and others; it is Ordered, That the Possession of
the Lands in Question in Sutton Marsh shall continue as
they were at the Time when the Cause was first heard
in this House, without being shared, or any ways divided
from what they then were: And it is further Ordered,
That Sir Jarvaise Scroope and Sir John Jacobb, Knights,
or either of them, shall have Power (by virtue of this
Order) to receive the Rents and Arrearages thereof
of the Tenants; and the said Tenants are hereby Ordered to pay the same unto them or their Assigns
accordingly, whose Acquittances shall be their sufficient
Discharge for the Monies so paid by them as aforesaid;
and that the said Sir Jarvais and Sir John, finding any
of the Tenants, being Tenants at Will, insolent, or
refusing to pay their Rents, are hereby authorized to
let their Lands to others; and the Knights, out of the
Rents to be received by them, are hereby authorized to
defray all necessary Charges, belonging to the Banks,
Sluices, and other Reparations, for the preserving of
the said Marsh Lands: Yet nevertheless it is the Intent
of this House, and so Ordered, That the said Sir
Jarvais Scroope and Sir John Jacob shall (by virtue
of this Order) receive the said Rents to the Use only of
such Party or Parties as the said Rents shall be found
to be due, and to belong unto, their Heirs and Assigns,
without any Prejudice at all to the Title on either Part;
and that the said Monies shall remain as aforesaid in the
Hands of the said Knights, until, by Judgement of
this House, or some other legal Judgement, or Agreement of Parties, the said Monies shall be otherwise
disposed of; and lastly, that, the said Tenants paying
their Rents as by this Order they are directed, they
shall be quit and free of and from any Molestation or
Disturbance, from either or any of the Parties interested
as aforesaid, by Action or otherwise.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem
hujus instantis diei, videlicet, 3m diem Maii, 1642, hora
3a, Dominis sic decernentibus.
The Lord Chief Justice of the Common Pleas was
appointed by this House to be Speaker.
Dr. Scott versus Cook.
Ordered, That Publication of Depositions, in the
Cause between Doctor Scott and Christopher Scott,
against Ralph Cooke, shall be had and made on the last
Day of this Term, being the 23d of this Instant May.
Captain Stanley, Mayor of Maidstone, released upon Bail.
Ordered, That Captain Thomas Stanley, Mayor of
Maydston, in the County of Kent, being now in Custody,
shall be forthwith freed of his Restraint, paying his
Fees, and entering into Bond of Two Hundred Pounds
unto James Maxwell, Esquire, Gentleman Usher attending this House, to appear before the Lords in Parliament within Forty-eight Hours next after Notice given
him from this House.
Lords added to the Committee for disposing the Money gathered for the poor Irish Protestants.
Ordered, That these Lords following are added to
the Committee for disposing of the Monies gathered
in this House, for the Relief of the poor Irish Protestants:
L. Viscount Say & Seale.
Ds. Gray de Warke.
Proceedings against Sir Philip Manwaring in Mr. Steward's Cause respited.
It is this Day Ordered, by the Lords in Parliament assembled, upon reading the Petition of Sir Phillip
Manwaring, Knight, That the Proceedings in the Cause
of Mr. Steward shall be respited here, and no Prosecution shall be against him for his Particular; but that
the whole Business concerning him shall be referred to
the Consideration of the Lord Lieutenant of Ireland,
to examine, mediate, and end the same, as in his Wisdom
he shall think fit.
Bill against Pluralities.
The Lord Viscount Say & Seale reported, "That
the Committee for the Bill against Pluralities have
thought fit to wave those Alterations therein which
the House of Commons have not assented to, and
have drawn up a Proviso concerning the Two Universities, which the Committees think fit to pass,
with Amendments assented unto by the House of
Then the said Proviso was read Twice singly, and
afterwards the Bill was read with the Amendments and
Proviso; and this House agreed to the said Bill, with the
Amendments and Proviso.
A Message was sent to the House of Commons, by
Sir Robert Rich and Dr. Littleton:
Sent to the H. C. with some Amendments for their Concurrence.
To let them know, that this House agrees to the Bill
against Pluralities, with the Amendments, and a Proviso concerning the Two Universities; wherein this
House desires their Concurrence.
The Messengers returned with this Answer:
That the House of Commons will send an Answer, by
Messengers of their own, to this Message.
Message from the H. C. with an Order for 2000l. to Sir John Hotham for Hull.
A Message was brought from the House of Commons,
by Oliver Cromwell, Esquire, and others:
To desire their Lordships Concurrence in an Order
passed that House, for paying of Two Thousand Pounds
to Sir John Hotham, for the Garrison at Hull.
The said Order was read, as followeth:
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Six Thousand
Pounds, advanced by the Gentlemen of Buckinghamshire
upon the Act of Loan and Contribution for Ireland,
shall be paid to the Treasurers of London appointed
by the said Act, and by them paid over to Mr. Loftus,
Deputy Treasurer at War for Ireland, for the Service of the Affairs of Ireland: And it is further
Ordered, That Mr. Loftus shall lend and pay unto
Mr. John Hotham Two Thousand Pounds, to be returned to Sir John Hotham, for Payment of the Garrison at Hull; and that the said Two Thousand Pounds
shall be re-paid unto Mr. Loftus, out of those Monies that shall come in upon the Bill of Four Hundred
Ordered, That this House agrees with the House
of Commons in this Order.
The Messengers were called in; and the Answer returned to them was:
Answer to the H. C.
That this House agrees with the House of Commons
in the Order now brought up.
A Message was brought from the House of Commons, by Sir Walter Erle, Knight, and others:
Message from the H. C. for a Conference on the Bill against Pluralities.
To desire a Conference, by a Committee of both
Houses, so soon as it may stand with their Lordships
Conveniency, touching the Bill of Pluralities.
The Answer returned was:
That this House will give a Conference, as is desired,
presently, in the Painted Chamber.
The Earl of Portland was appointed by the House
to report the next Conference with the House of Commons.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Then the Earl of Portland reported the Effect of the
Conference; which was, "That the House of Commons have assented to the Proviso in the Bill against
Pluralities, and they likewise agree to the rest of
the Amendments; but they desire that the Word
["June"] may be changed into the Word ["August"]." To which Alteration this House agreed to.
The House of Commons staying for an Answer to
this; this House was adjourned during Pleasure again,
and the Lords went into the Painted Chamber, to let
them know, that this House agrees with them in changing the Word ["June"] for ["August"], in the Bill for
Pluralities; which being done, the Lords returned, and
the House was resumed.
The Lord Keeper being come, the House appointed
him to be Speaker.
Royal Assent to the Bill for Tonnage and Poundage by Commission.
The Commission for passing the Royal Assent to the
Bill of Tonnage and Poundage being come, this House
appointed the Gentleman Usher of the Black Rod to
give Notice to the House of Commons, that the said
Commission is come, and that the Commissioners are
ready to give the Royal Assent to the same.
Then the Lord Keeper, the Lord Admiral, and the
Earl of Essex, Three of the Commissioners, being sat
upon a Form set across the House, between the State and
the Speaker's Wool-sack; the House of Commons came,
and, by their Speaker, presented the Bill of Tonnage
and Poundage, which was received by the Clerk of the
Parliaments; and then the Lord Keeper signified, "That
the King had sent a Commission for passing this Bill;"
which was received from the Commissioners by the Clerk
of the Parliament, and read in full Parliament, after
which the Clerk of the Crown in Chancery read the
"A Subsidy granted to the King, of Tonnage and
Poundage, and other Sums of Money, payable upon
Merchandize exported and imported."
And then the Clerk of the Parliaments pronounced
the Royal Assent, in these Words:
"Le Roy, remerciant Ses bons Subjects, accepte leur
Benevolence, et ainsi le veult."
Then the Commons (fn. *) went to their own House, with
A Message was brought from the House of Commons,
by Robert Reynolds, Esquire, and others:
Message from the H. C. that there are 2000 Men ready to go for Ireland, and to desire the Committees may meet to draw up the Lord Lieutenant's Instructions:
To let their Lordships know, that the Two Thousand
Men that are at Myniard, are ready to go for Ireland;
but as (fn. †) yet the Lord Lieutenant is not gone, neither
hath he Instructions given him. The House of Commons
therefore desire, that the Lords Commissioners for Ireland may meet the Commissioners of the House of Commons this Night, and take into their Consideration the
drawing up of Instructions for his Lordship, that so he
may be speedily dispatched for his Employment in
For the Lords Concurrence in an Order for training the London Militia, and in a Declaration about the Militia.
2. The House of Commons desires their Lordships
Concurrence in an Order touching the Training of the
Militia of the City of London.
3. To desire their Lordships Concurrence in a Declaration concerning the Militia.
Committees to meet and settle the Lord Lieutenant's Instructions.
The House taking the aforesaid Message into Consideration, Ordered, That the Lords Commissioners for
the Affairs of Ireland shall meet with the same Committee of the House of Commons this Night, about the
Lord Lieutenant of Ireland's Instructions.
Next, the Order for the Training of the Militia of
London was read, in hæc verba:
Order for training the Militia of London.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Persons intrusted with the Ordering of the Militia of the City
of London, shall have Power to draw the Trained
Bands of the City into such usual and convenient
Places, within Three Miles of the said City, as to
them from Time to Time shall seem fit, for the training
and exercising of the Soldiers; and that the Soldiers,
upon Summons, shall, from Time to Time, appear,
and not depart from their Colours without the Consent of the Officers, as they will answer their Contempt to the Parliament."
Ordered, That this House agrees with the House
of Commons in this Order.
Declaration concerning the Militia.
Ordered, That the Declaration concerning the
Militia shall be taken into Consideration To-morrow.
The Answer returned to the aforesaid Message was:
Answer to the H. C.
That the Lords Commissioners for the Affairs of Ireland are appointed to meet this Night, as they have
desired; and that (fn. ‡) their Lordships do agree in the Order
concerning the Training of the Militia of London. As
for the Declaration, this House will send them an
Answer by Messengers of their own.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 4m diem instantis Maii, 1642, hora 9a Aurora,
Dominis sic decernentibus.