DIE Mercurii, videlicet, 19 die Maii.
Mr. Smart versus Dr. Cosens & al.
Upon Report of the Earl of Bath, it is Ordered,
That Dr. Cosens and others, mentioned in the Impeachment brought up from the House of Commons, shall
put in their Answers to the said Impeachment peremptorily on Monday next; and every Man to answer severally to what concerns himself; and further, that the Cause
between them and Mr. Smarte shall be heard on Monday come Sevennight, against which Time they are to
produce their Witnesses; and all public Acts of Courts,
and Depositions of Witnesses, and other Records, concerning Mr. Smart's Business, shall be indifferently used
on both Sides at the Hearing.
A Message from the House of Commons, by Sir Phillip Stapleton:
Message from the H. C. about the Ld. Lieutenantship of Yorkshire, to be given to the Earl of Essex.
To let their Lordships know, That the Commons do
desire to receive an Answer to a former Message, concerning the Lord Lieutenancy of Yorkeshire to be conferred upon the Earl of Essex; and they desire it may
be speedy, because that Country is much impoverished,
and the Safety much endangered, by the Army's lying
there; which Country, they hope, will be much secured
by this Means, because, out of the Confidence and good
Opinion which the Gentlemen of that Country have
of the Earl of Essex, and of his Care of the Commonwealth, they will be ready to serve under him for the
The Answer returned was:
That formerly their Lordships resolved to join to
move His Majesty herein, as from both Houses; and
accordingly their Lordships then appointed some Lords
to move the King herein, who promised to return an
Answer; therefore their Lordships will presently send
the same Lords to wait on His Majesty, to receive His
Hereupon the Lords formerly appointed for this Business went presently to His Majesty.
After this, a Message was brought from the House
of Commons, by Mr. Pym:
Message from the H. C. about opening Foreign Letters.
To signify, That their Lordships having by Order
stayed the last Week's Letters, both those imported and
exported, and appointed some Lords to open and
peruse them, which Thing hath done some Service to
their Proceedings; the House of Commons desires their
Lordships will be pleased to give Order, That the same
Course may be taken that the Letters of this Week may
be stayed, and the same Lords again deputed to open
and peruse them; and that the said Lords may have an
Injunction imposed upon them by this House for Secrecy,
and not discovering what they know therein.
Order concerning staying and opening Letters.
Hereupon it was Ordered, That the same Course
shall be taken for the staying of Letters this Week,
as was taken the last Week; and the same deputed
Lords shall have the like Power to open and peruse
Ordered, That the Earl of Warwicke be added to
the Committee for opening Letters.
Committee for opening Letters enjoined Secrecy.
The Lords Committees for opening of Letters were
enjoined Secrecy by this House.
Report of the King's Answer concerning the Lieutenancy of Yorkshire.
The Earl of Cambridge reported, "That the Lords
appointed to move the King from both Houses, concerning the bestowing the Lieutenancy of Yorkeshire
upon the Earl of Essex, have waited on His Majesty;
and His Answer for the present is, That He will give
a positive Answer herein To-morrow Morning."
After this, the Cause concerning Sutton Marsh, between the Lord Phillip Herbert and the Earl of March,
was proceeded in, and Counsel on both Sides present.
And, after much Debate, it is Ordered, That Mr.
Andrewes and Mr. Deereham do prove those material
Things which they have alledged this Day; and this
is appointed to be on Tuesday next, in the Morning,
at which Time the Counsel of the Earl of March is to
be heard to the whole Cause concerning Sutton Marsh.
Report concerning the Fens called The Great Level.
The Lord Privy Seal reported, "That the Committee appointed to take into Consideration the Paper
delivered to this House by His Majesty, concerning
the draining of the Fens called The Great Level, have
given a full Hearing in the Business; and their Lordships have been informed by Sir. Cornelius Vermuden,
that there hath been already disbursed and laid out
in this Work Twenty Thousand Pounds, and yet the
Work not brought to Perfection, for Want of Monies;
so that, unless there be speedily raised Ten Thousand
Pounds more, the Money already expended, and all
the Undertakings, will be lost.
The King to be moved, that the Money raised for the Aqueduct, may be applied to draining the Fens.
"The Lords Committees, therefore, considering the
Necessity of raising this Money, and understanding
that there is Money lying dead in several Mens Hands,
which is intended for bringing of an Aqueduct to
London, think it fit that the King be moved, That
that Money be employed towards the perfecting of
the Draining; and Security to be given for the repaying of the Ten Thousand Pounds, when the said
Aqueduct is begun:" Which this House approved
of, and appointed the Lord Privy Seal, the Earl of Bedford, Earl of Bristoll, and the Lord Viscount Say and
Seale, to move His Majesty herein. And further it was
reported, "That Sir Jo. Munson and others of the
Drainers desire, that, by Order of this House, they
might enjoy their Possessions quietly (having them by
Decree), until they are evicted legally;" which this
House referred to further Debate.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Jovis, videlicet, 20m diem instantis Maii, hora 9a, Dominis sic decernentibus.