House of Lords Journal Volume 4: 16 April 1641

DIE Veneris, videlicet, 16 die Aprilis.

PRAYERS.

Dr. Bray's Recantation to be printed.

It was reported to the House, "That whereas Dr. Braye, by the Order of their Lordships, was enjoined to make a Sermon of Recantation, in St. Margerett's Church at Westm. for his Licensing and Approbation of Two Books of Dr. Pocklington's, one called Altare Christianum, the other Sunday no Sabbath, which the said Dr. Braye hath performed with Ingenuity and Candour;" therefore it was Ordered, That he be discharged from any further Trouble concerning this Business; and that the said Sermon and Recantation be published in Print.

Earl of Warwick's Privilege.

Capt. Jackson arrested.

It was signified to the House, "That one Captain Wm. Jackson, a menial Servant of the Right Honourable the Earl of Warwicke, was lately arrested, and his Goods attached, contrary to the Privileges of Parliament;" whereupon it was Ordered, That Thomas Frere, Chandler, at whose Suit the said Captain Jackson was arrested, Tho. Batts, Attorney, Wm. Leake, Prosecutors, and Michaell Smith and Samuell Warde, Serjeants, be sent for, by the Gentleman Usher attending this House, to appear before this House, to answer the said Fact; and that the said Captain William Jackson be forthwith released and set at Liberty from his said Arrest.

Order of 2d April, for quieting the Queen's Possessions, amended.

Ordered, That the Manor of Burwell, and other the Queen's Majesty's Lands and Manors, in the County of Cambridge, shall be inserted and added to the Order made by this House the 2d Day of this Instant April.

Sir Ralph Dutton's Petition concerning pressing Soldiers in Gloucestershire.

Upon the reading of the Petition of Sir Ralph Dutton, alledging an undue Executing of a Commission in Gloucestershire, touching the Abuse of pressing of Soldiers, &c. it was Ordered, That the Petition, and the Affidavits annexed, be referred to the Consideration of the Committee for Petitions; who are to meet Tomorrow in the Afternoon, in the Painted Chamber, to examine the Truth of the Business; and the Lords Committees to have Power to open the Commission, if they shall see Cause; and all Parties to be heard; and a Copy of the Petition and Affidavits to be delivered to the Defendants, if they shall desire it.

After this, the House took into Consideration the Paper which was brought up from the House of Commons at the Conference. For the better Debate of the Business, the House was put into a Committee during Pleasure; and the House being resumed, it was Ordered, That the Debate of it should be laid aside until it be resumed again.

A Message was sent from the House of Commons, by Mr. Perd:

Message from the H. C. for a Conference, about the E. of Strafford.

To let their Lordships know, That they are now in a long Debate, concerning the Conference last Night, touching the Proceedings against the Earl of Strafford, and hope to be ready this Morning for a Conference; if they cannot, they intend to sit as a House in the Afternoon, and desire their Lordships to sit likewise this Afternoon, if it may stand with their Lordships Conveniency.

The Answer to the said Message was:

Answer.

That their Lordships intend to sit this Afternoon, as a House, at Four of the Clock.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora tertia, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Northend versus Mitchell.

Upon reading the Petition of Grace Northend, against Sam. Michell, of Hallifax, desiring to be relieved upon a Mortgage; it was Ordered, That the Cause be recommended unto the Lord Keeper of the Great Seal of England, to take a speedy Course for the Relief of the Plaintiff, and to admit her to sue in forma pauperis, if she make Affidavit that she is not worth the Sum of Ten Pounds.

Gibbons to bear his Witnesses Charges.

Ordered, That John Gibbons, Esquire, shall bear the Charges of all such Witnesses as he brings up, in the Cause depending before the Lords Committees for Petitions, to be examined on his Part.

Order concerning the Forest of Dean.

Whereas an Improvement was made by His Majesty of the Wastes of the Forest of Deane, in the County of Gloucester, by and with the Consent of the greatest Number of the Inhabitants and Commoners there, to whom Four Thousand Acres of the said Wastes were allotted; and their Lands, being subject to the Forest Laws, disforested, without further Charge or Composition; and that the Possession of the said improved Lands being established to His Majesty by an Order of the Exchequer, His Majesty granted the same, by Letters Patents under the Great Seal, at the Yearly Rent of Two Thousand Pounds; but, since this Session of Parliament, some of the said Inhabitants have disorderly thrown down many of the Fences of the said Improvements, to the Prejudice and Interruption of His Majesty's Tenants in the quiet enjoying of the Premises, and still give out Speeches, "That so often as the said Inclosure shall be repaired, they will do the like, and turn in their Cattle as they were wont to do before the said Improvement:" It was hereupon Ordered, by this House, That His Majesty, and such as claim under His Grant, may peaceably and quietly hold and enjoy the Possession of the said improved Lands, until sufficient Cause be made appear unto the contrary, before their Lordships in Parliament, or in some other His Majesty's Courts of Justice; and that, in the mean Time, none shall presume to disturb the quiet Possession of the Premises, by throwing down the Mounds, or wilfully turning in their Cattle.

Lord Privy Seal's Lands in Huntingtonshire to be quieted.

Ordered, That the Lord Privy Seal, and such Tenants as hold under him, shall peaceably and quietly hold and enjoy the Possession of the Lands and Manors of Hollowell cum Needingworth and St. Ives, in the County of Huntington, and have and receive the Rents and Profits thereof, without any Disturbance or Molestation, until sufficient Cause be made appear unto the contrary, before the Lords in Parliament, or in some other His Majesty's Courts of Justice; and that, in the mean (fn. 1) Time, none presume to molest the quiet Possession thereof, by breaking and throwing down the Mounds and Fences.

A Message was brought from the House of Commons, by Sir Robert Harlowe, Knight:

Message from the H. C. for a Conference about the E. of Strafford.

To desire a Free Conference, as soon as it may stand with their Lordships Conveniency, by a Committee of both Houses, concerning the late Conference Yesterday, touching the Proceedings against the Earl of Strafforde.

The Answer to the said Message was:

Answer.

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

Lords Reporters appointed.

The Lord Steward, the Earl of Bath, Earl of Bristoll, and the Lord Viscount Saye, were appointed to report the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bath reported the Conference, to this Effect:

Conference reported.

"That the House of Commons have considered of the late Conference, touching the Hearing of the Earl of Strafford's Counsel speak in Matter of Law; and that they are resolved to be present at the same Time, as a Grand Committee of the whole House; and, if any Thing shall stick with their Lordships as a Difficulty, they will be ready to give their Lordships Satisfaction therein; and further desired that the Counsel may be kept close to the Matter of Law, and not permitted to ravel and intrench upon the Matter of Fact."

Hereupon it was Ordered, That the Earl of Strafford's Counsel shall be heard speak in Matter of Law To-morrow Morning, at Ten of the Clock, in Westm. Hall; and the Lieutenant of The Tower to have an Order sent him to bring the Person of the Earl of Strafford at that Time.

Then a Message was sent to the House of Commons, by Mr. Justice Foster and Mr. Justice Heath:

Message to the H. C. That the Lords will hear the E. of Strafford's Council in Matter of Law.

To let them know that their Lordships are resolved to hear the Earl of Stafford's Counsel speak in Matter of Law To-morrow Morning, &c.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 17^m diem Aprilis, hora nona, Dominis sic decernentibus.