House of Lords Journal Volume 4: 17 April 1641

DIE Sabbati, videlicet, 17 die Aprilis.

PRAYERS.

To proceed in the E. of Strafford's Trial in Westm. Hall.

This Day it was appointed to sit in Westm. Hall upon the Earl of Strafford's Business; and it was resolved, That the Lord Steward should let the Earl of Strafford's Counsel know, that they are to speak, and hold themselves to Matter of Law, and not to Matter of Fact; and, in Case they do not, he is to hold them to it.

Adjourn to Westm. Hall.

Earl of Strafford at the Bar.

The Lord Steward adjourned this House to Westm. Hall.

The Peers being set there, the Lieutenant of The Tower brought forth the Earl of Strafford to the Bar, who after he had kneeled, the Lord Steward declared, "That the Lords had appointed this Day for hearing the Earl of Strafford's Counsel speak in Matter of Law."

His Counsel to speak in Matter of Law.

The Earl of Strafford gave their Lordships humble Thanks, and desired, "That his Counsel (being ready) might be called to the Bar, and heard in Point of Law."

Mr. Lane's Argument.

Mr. Lane, Attorney to the Prince his Highness, one of the Earl of Strafford's Counsel, said, "That this Business was of great Importance; and it concerned the Life, Honour, Blood, and Estate, of the Earl of Strafford; therefore he desired the Benefit of Three Statutes: 25 E. III, of Treason; 1 Hen. IV. Cap. 10. and 1 Mar. Cap. 1. and proceeded to shew whether the Crime of the Earl of Strafford be within the Law of 25 E. III. and whether 1 H. IV. 10. and 1 Mar. 1. be now in Force;" and went on in a long Argument.

Mr. Recorder of London's.

This being ended, Mr. Recorder of London, one other of the Earl of Strafford's Counsel, spake next; and said, That he had further to say in Behalf of the Earl of Strafford, in Point of Law; but desired that he may have a Case ready drawn to speak to, for Matter of Law must rise out of Matter of Fact; if this be not done, he said, it is impossible (fn. 1) for Counsel to speak any further in it."

Adjourn to the Chamber of Parliament.

E. of Strafford remanded to the Tower.

This being a Thing that required further Consideration, it was moved, that the House might be adjourned. Hereupon the Lord Steward adjourned the House to the usual Place above; and the Lords being come thither, they took the Business into Consideration, and, for the present, Ordered, That the Lieutenant of The Tower do carry the Earl of Strafford back to The Tower until further Order of this House be known.

Then

Adjourn.

Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora quarta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Order for quieting His Majesty's Possessions in Lincolnshire.

Whereas His Majesty, being Lord of certain Fens in the County of Lincolne, called, The East, West, and North Fenns (which were in Charge but at the Rent of Eighteen Pounds per Annum), did, about August 1635, make an Improvement in those Fens, by the Consent of the Commoners there; which Improvement was settled and decreed by Consent in the Dutchy Court, and quietly enjoyed by the Space of Four Years last past; and by His Majesty, under the Great and Dutchy Seals, was granted to divers Persons; by which Improvements His Majesty receives about Six Hundred Pounds per Annum; yet now of late, and since the Sitting of this present Parliament, there have been a just Apprehension of some Tumults and Disorders, and a throwing down of the Fences and Mounds of the said improved Grounds, and a putting of Cattle upon the Premises, to the great Molestation of His Majesty's Tenants in the quiet Possession of the same: It is therefore thought fit, and so Ordered, That His Majesty, and all claiming from and under Him, shall (by virtue of this Order) quietly and peaceably hold and enjoy the said improved Lands, without any Interruption, Disturbance, or Molestation, until sufficient Cause be shewed to the contrary to the Parliament, or to some other of His Majesty's Courts of Justice; and that, in the mean Time, none shall presume to disturb the quiet Possession of the said Improvements, either by the throwing down of the Mounds thereunto appertaining, or willfully turning of Cattle upon the Premises; and lastly, that the Grantees and Tenants shall pay their Rents as they now do.

Order concerning Lady Thornborough.

Upon reading the Petition of John Lord Bishop of Worcester and Dame Hellen Thorneborough, Wife of Sir Tho. Thornborough, Knight; it is Ordered, by the Consent of the Petitioners, That the One Hundred and Eighty Pounds, mentioned in the said Petition, be forthwith paid to Sir Ralph Clare, Knight, for the Use and Benefit of the said Dame Hellen Thorneborough; and he to deliver it upon Demand into the Hands of the said Lady or her Assigns; and that the Lord Bishop of Worcester shall be, by virtue of this Order, discharged of so much of the Order of this House as concerns the Hundred Marks per Annum Jointure; and that Sir Tho. Thornborough shall be freed of and from all Fines, Charges, and Alimony, formerly ordered against him in any Spiritual Court touching this Cause.

Smith and Sherman versus Busby et al. in Error.

Ordered, That the Transcript of the Writ of Error, in the Cause depending in this House between Smith and Sherman Plaintiffs, and Busby and others Defendants; shall be read and opened in this House the Second Tuesday in the next Term.

Adjourn.

Dominus Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 19^m diem instantis Aprilis, hora nona Aurora, Dominis sic decernentibus.