DIE Jovis, videlicet, 22 die Aprilis.
PRAYERS.
The Scottish Treaty debated.
The House proceeded in the Debate of the Scottish
Treaty.
The Fourth Article, "concerning making of Alliance," was read; and the Lords Commissioners Answer to the same; and it was thought fit it should be
totally omitted, and left as it hath been for these Forty
Years past.
In the Answer to the Sixth Article, these Words
were put out ["the Incendiaries"]; and, instead thereof, these Words were inserted ["any Offenders against
the Laws and Peace of either Kingdoms"].
"Concerning Commerce and Trade," the several
Articles and the Answers thereunto were read.
And for the First Branch of the Ninth Article,
"concerning mutual Naturalization, etc." it was thought
fit, that what Immunities they have by the Union in
Law, be strengthened and assented to by Parliament.
Committee to consider of the 10th and 11th Articles of it.
The Consideration of the Tenth and Eleventh Articles is referred to these Lords following: videlicet,
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The L. Treasurer.
The L. Privy Seal.
The E. of Bath.
The E. of Bedford.
E. of Essex.
E. of Dover.
E. of Portland.
L. Viscount Say & Seale. |
L. Bp. of Lincolne.
L. Bp. of Co. et Litchfeild.
Ds. Wharton.
Ds. Pagett.
Ds. Howard de Charleton.
Ds. Roberts.
Ds. Savill. |
All the Judges, and the King's Counsel, to attend.
Their Lordships, or any Ten or more of them,
to meet this Afternoon, in the Prince's Lodgings,
at Two a Clock.
The Lords Commissioners are to draw up the Answers
in a rough Draught, according to the Sense of this
House; and afterwards to present the same to the
House.
Letters from Berwick, complaining of their Necessities.
The Earl of Holland, Lord General of His Majesty's
Army in the North, signified to the House, "That some
Letters have lately come to his Hands, written to
one Jo. Sleigh, from the Mayor and Aldermen of
Barwicke, declaring what Disorders hath lately happened by the Soldiers, for Want of Provisions and
Monies."
Another Letter was produced from the Governor of
the Garrison there, to the same Effect; which being
both read, a Message was sent to the House of Commons, by Justice Foster and Justice Heath:
Message to the H. C. for a Conference on this Business.
To desire a present Free Conference (if it will stand
with their Conveniency), by a Committee of both
Houses, in the Painted Chamber, concerning some late
Letters received, touching the present State of Barwicke.
Lords to draw up the Heads of the Conference.
The Earl of Essex, Earl of Bristoll, Earl of Holland,
Lord Saye, Bishop of Lincolne, and the Lord Kymbolton,
were appointed to consider of some Heads fit to be
spoken of at the Conference.
Sir Walter Norton, Sheriff of Lincoln, committed for levying more Shipmoney than he had Warrant for.
Sir Walter Norton was brought to the Bar as a Delinquent, for abusing the County of Lincolne when he
was Sheriff, and for levying Four Thousand Pounds
more for Ship-money than he had Warrant for to do,
and putting it in his own Purse. For these and other
Misdemeanors, the Lords demanded of him that he
should put in sufficient Bail of Five Thousand Pounds
this Afternoon, for his Forth-coming, and abiding the
Judgement of Parliament against him. In the mean
Time, he is to be in the Custody of the Gentleman
Usher attending this House.
Sir W. Udall Petition, for a Debt due to him by the Earl of Strafford.
Ordered, That Sir Wm. Udall may have the Benefit of the provisional Order of this House, for a Debt
which is owing him by the Earl of Strafforde; and his
Petition to be received into this House.
The Answer from the House of Commons was to the
Message:
Answer from H. C.
That they will give a Meeting presently, as is desired,
in the Painted Chamber.
Alexander's Witnesses to be examined.
It was moved, That the Committee for the Starchamber, or any Three of them, may examine the Witnesses of Jerom Alexander, and take the Depositions in
Writing, and seal them up, until the Hearing of his
Cause; which was so Ordered to be after the Defendant's Answer to his Petition be made.
Report from the Committee touching the Propositions at the Conference about Berwick.
The Lords Committees reported to the House, That
they (fn. *) conceived the Effect of the Conference was shortly
to be, "That the Earl of Holland should deliver the
Letters concerning Barwicke, and say what he declared in this House. Then the Earl of Bristoll to
let them know, That, for the present Supply of the
Necessities of the Town of Barwicke, if the House
of Commons will renew their former Conference
which they had with their Lordships some Weeks
ago, at which Time they desired that this House
would join with them in assisting them to procure
Monies to supply the Northern Parts of this Kingdom; that their Lordships will propound unto them
what Way they have thought of, for to give a speedy
Supply of Money, to relieve the present Necessities
of the Town of Barwicke; which if they shall like
and approve of, as so much Money lent to them,
and that it may go upon their Account, and be repayed by them, their Lordships will engage themselves for such a Sum of Money as will give some
Relief for the present; and desired, that they would
meet this Afternoon about it."
Conference concerning the Letters from Berwick, reported.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
Earl of Holland reported, "That he had delivered the
Letters to the House of Commons;" and the Earl of
Bristoll reported, "That he had spoken that which he
was commanded; and the Commons will report it to
their House, and return an Answer in convenient
Time."
Earls of Bedford and Portland Order for Whittleses.
Whereas the Earl of Bedford and the Earl of Portland,
Lords and Possessors of the Manors and Lands of Whittlesey, in the Isle of Ely, in the County of Cambridge, and
their Tenants, have been in the quiet Possession of the
said Manors and Lands for the Space of some Years last
past, by virtue of a Decree in the Exchequer; yet now
of late, and sitting this present Parliament, some tumultuous and troublesome People have, in a disorderly Manner, attempted or threatened to break down the Fences
and Mounds within the said Manors, and to put in their
Cattle into several Grounds within the said Manors, to
the great Molestation and Disquiet of the said Lords and
their Tenants, and to the Disquiet of their Possessions; it
is therefore thought fit, and so Ordered, That the said
Earl of Bedford and Earl of Portland, Lords of the said
Manors and Lands (being Members of this House), and all
claiming from and under them, shall, by virtue of this Order, quietly and peaceably hold and enjoy the Possession of
the said Manors of Whittlesey and the Divisions of the Tenants, without any Interruption, Disturbance, or Molesta
tion, until sufficient Cause be made appear to the contrary before the Lords in Parliament, or in some other
His Majesty's Courts of Justice; and that, in the mean
Time, none shall presume to disquiet the present Possession of the said Manors and Divisions, either by throwing down of the Mounds, or wilfully turning of Cattle
upon the Premises.
The Commons to be heard against E. Strafford in Point of Law.
After this, the House fell into Consideration of the
Earl of Strafford's Business, and resolved to hear the
House of Commons speak, in Point of Law, on Saturday Morning next, in Westm. Hall, publicly; and the
Earl of Strafford to have Notice to be there present at
the same Time.
Hereupon a Message was sent to the House of Commons, by Mr. Justice Reeves and Justice Foster:
Message to the H. C. to acquaint them with it.
To let them know that their Lordships will be ready
to hear them speak, in Point of Law, in the Earl of
Strafford's Cause, in Westm. Hall, on Saturday next, at
Eight of the Clock in the Morning.
Order for Divine Service to be said as heretofore.
Upon Information to this House, "That some Disorders
have lately happened in several Churches, within
the County Palatine and City of Chester, whereby the
Divine Service hath been disturbed, or otherwise
neglected and disquieted," it is therefore thought fit,
and so Ordered, That the Divine Service be performed, as it is appointed by the Acts of Parliament of
this Realm; and all such as shall disturb that wholesome
Order shall be severely punished, according to Law;
and that the Parsons, Vicars, and Curates, in several
Parishes, shall forbear to introduce any Rites or Ceremonies that may give Offence, otherwise than those
which are established by the Laws of the Land.
Sutton Marsh.
Upon Affidavit made by Michaell Sanson, "That he
served the Order of this House upon James Baldware and George Tillson, to attend the Hearing of the
Cause concerning Sutton Marsh the 19th of April,
and to give in Testimony for the Lord Phillip Herbert
and others; but the said Baldware did refuse to
come and attend, as he was enjoined by the said
Order;" it is therefore Ordered, That the said
Baldwere and Tillson shall be sent for, by the Gentleman
Usher attending this House, to answer the said Contempt; and further, that the rest of such Witnesses,
whose Names are to be given in Writing, are to
have Notice to appear at the next Hearing of the said
Cause.
Answer to the Message from the House of Commons was:
Answer from the H. C.
That they are now in a weighty Business; but will
return an Answer, in convenient Time, by Messengers
of their own.
A Message from the House of Commons, by Mr.
Capell:
Message from the H. C. to desire their Lordships to sit P. M.
To let their Lordships know, that they intend to sit
as a House this Afternoon, about the weighty Affairs
of the Kingdom; and do desire their Lordships will sit
likewise this Afternoon.
The Answer to the said Message was:
Answer.
That their Lordships will sit as a House this Afternoon, at Four a Clock.
Nash versus Kynaston in Error.
Whereas the House was this Day informed, "That
Thomas Nash, Plaintiff, in a Writ of Error, against
Charles Kynaston, Defendant, affirmeth, that he is
able to make it appear to this House, that the original Writ in this Cause was razed (being since pretended to be lost) whilst it was in the Custody of the
Attorney on the Defendant's Part;" it is Ordered,
etc. That the said Plaintiff shall have Time till Thursday
the 29th of this Instant April to prove the said Razure,
if he can; but, in Case it cannot be proved, that then
the Defendant shall have full Power (by virtue of this
Order) to procure the Certiorari and Process in the said
Suit to be forthwith brought into this House; and
that the Plaintiff shall, within few Days then following,
assign Errors, or, in Default thereof, to be non-suit,
and the Transcript remitted into the King's Bench.
Adjourn.
Dominus Capitalis Justicarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Jovis, videlicet, 22m instantis Aprilis, post meridiem,
hora 3a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
Lord Seymour had Leave granted him to be absent
until Wednesday next.
Conference about the Hearing of the House of Commons against the Earl of Strafford in Point of Law reported.
* * * * * * *
* * * * * * *
Sir Walter Norton committed to The Fleet.
Ordered, That Sir Walter Norton be committed to
The Fleet, until he put in sufficient Bail of Five Thousand Pounds, such as this House shall approve of, for
his Forth-coming; which being done, he is to be released of this his Imprisonment.
L. C. Justice and Mr. Justice Crawley Leave to be absent.
Ordered, That the Lord Chief Justice of the
King's Bench and Mr. Justice Crawley have Leave Tomorrow to go into the Country, and return on Monday
next, and attend this House.
A Message from the House of Commons, by the
Lord Fairefax:
Message from the H. C. for a Conference concerning Berwick.
To desire a present Free Conference, by a Committee
of both Houses, touching the Business of Barwicke.
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 Earl of Bath, the Earl of Bristoll, 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.
Conference reported.
The Earl of Bath reported, "That the House of
Commons do thank their Lordships for providing
the Money for the Supply of Barwicke; and that
they will be ready to give Security for it, and will
consider of the Way; and will give an Answer
herein on Saturday Morning next."
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Sabbati, videlicet, 24m diem instantis Aprilis, hora 9a
Dominis sic decernentibus.