DIE Mercurii, videlicet, 9 die Junii.
Order about Tumults in Whittlesea.
Whereas an Order of this House was made the 22d
of April last past, for the quieting of the Possession of
the Manors of Whittlesey, and other Lands in the County
of Cambridge and Isle of Ely, until Cause be shewn to
the contrary, either in this House, or in some other of
His Majesty's Courts of Justice, which hath been disobeyed in a tumultuous and riotous Manner; it is Ordered, That the Sheriff and Undersheriff of the said
County of Cambridge, with some of the Justices of the
said County, shall repair unto the Places where the said
Riots and Disorders have been committed, taking with
them such Persons as they shall think fit, for the appeasing and quieting of the Possessions of the said Lands,
and to be quietly held and possessed as formerly they
have been before the said Disorders and Tumults were
committed; and that the said Sheriff and Justices shall
endeavour to prevent all the Disturbances of the said
Possession, until this House, or some of His Majesty's
Courts of Justice, shall determine the contrary.
Bishops of Winchester and Rochester to see the Archbishop of Cant.
The Bishop of Winton and the Bishop of Rochester
have Leave to see the Archbishop of Cant. in The Tower,
concerning Church Affairs.
Bills from the H. C.
A Message from the House of Commons, by John
Hampden, Esquire, who delivered, by their Command,
to their Lordships, Three Bills, intituled,
1. An Act for regulating the Privy Council, and for
taking away the Court commonly called the Starchamber.
2. An Act for preventing Dangers which may grow
3. An Act for repealing of a Branch of a Statute in
1° Eliz. concerning Commissioners for Causes Ecclesiastical.
Order about Disorders in Churches in Southwark.
After this, a Petition was read, declaring the great
Disorders committed in the Parish Churches of St. Saviours, and St. Olaves, in Southwarke, in Time of Administration of the Communion. Hereupon it was Ordered,
the Names of the particular Offenders be given into
this House; and then this House will give such Order
therein as stands with Justice, and the Desert of the
Ordered, That the Three Bills brought up from
the House of Commons this Day, shall be read on Friday Morning next; and the Report of the Commons
to be made on Saturday Morning next.
Next the Cause concerning Sutton Marsh was further
heard; and, after the Counsel of the Earl of March
had opened the Title, whereby his Lordship claims his
Right, the Counsel on both Sides withdrew; and this
House Ordered, That this Cause concerning Sutton
Marsh shall be further proceeded in and heard on Wednesday Morning next; and all Parties and Witnesses to
attend, according to the former Orders made in this
Further Cessation of Arms with the Scots for Fourteen Days.
Upon Information to this House, "That the Cessation of Arms with the Scotts was nearly expiring;
and that the House of Commons did signify, by their
select Committee, to the select (fn. *) Committee of this
House, That they thought it fit to continue the Cessation of Arms for Fourteen Days longer, after the
Expiration of the former," Hereupon this House did
Order, and Assent, That the Cessation of Arms with
the Scotts be continued for Fourteen Days longer after
the Expiration of the former, videlicet, from the 13th
of this Instant Junii, to the 27th of the same June, upon
the same Terms as the former, if the Treaty lasts so
A Message was sent to the House of Commons, by
Justice Reeves and Justice Foster:
Message to the H. C. to acquaint them with this.
To let them know, that their Lordships have Ordered the Continuance of the Cessation of Arms with
the Scotts, and upon what Conditions, and for what
Time; and to desire the Commons that they will Order the like.
Busby versus Smith in Error.
Ordered, That the Record in the Writ of Error
between Busby and Smith, etc. shall be opened by Counsel at the Bar on Monday Morning next.
L. Audley versus Ld. Cottington.
Ordered, That the Cause between the Lord Awdley and the Lord Cottington, concerning Fountill, shall be
further proceeded in and heard on Tuesday Morning next.
Bagshawe versus Bagshawe.
Ordered, That the Cause between Bagshawe and
Bagshawe shall be heard before the Committee for Petitions this Afternoon.
Order about Writs of Error.
Ordered, That such Persons as bring in Writs of
Error into this House upon a Judgement given in a Court
of Justice, and if it appear that there is no just Cause
of Error in the said Judgement but merely for Delay of
Justice and Execution, that then such Costs is to be given
against the Parties that brings the Writ of Error, as this
House shall think fit to give in that Case; and that the
Record shall be remitted whence it came, that the Defendant may take out Execution upon the Judgement.
Baron Henden Leave to be absent.
Ordered, That Mr. Baron Henden hath Leave to be
absent, for to keep the Courts in the Cinque Ports.
Anthony Percivall's Order about Tithes.
Upon Report made unto this House of the Petition
of Anthony Percivall, Esquire, from the Lords Committees for Petitions; it is Ordered, That the Tithe of
Hautes's Lands being purchased by the said Captain
Percivall of Sir Richard Deeringe, Knight and Baronet,
shall be freely left to a Trial at the Common Law, in
Case they desire it; and that the Lease formerly made
to the said Sir Edward Deeringe, by the Archbishop of
Cant. wherein Hautes's Lands were expressed, shall not
be given in Evidence at any such Trial, nor Advantage
taken by the said Lease against the said Mr. Percivall's
Inheritance; and lastly, that the Lord Archbishop of
Cant. shall wave his Privilege in this Case, in demanding
the said Lands for the Church at a Trial at Law.
Order about Osbalston's Land.
Whereas Sir Richard Osbalston, being seized of a
Personal and Real Estate in England and Ireland, did, by
Conveyance, and by his last Will, intrust Christopher
Waindesford, Esquire, Sir Gherrard Lowther, and Sir George
Radcliffe, Knights, to the Benefit of William Osbalston, his
Son, and others; the said Christopher Waindesford being
dead, and the other Two Trustees being now charged
with High Treason in Ireland; it is Ordered, That the
said Sir George Radcliffe and Sir Gherrard Lowther shall
convey and assure over all the Trust of the said Real and
Personal Estate of the said Sir Richard Osbaldston, so
reposed in them as aforesaid, by good Conveyance in
Law, unto Henry Martyn, Esquire, and Henry Fowles,
Esquire, to the same Uses as they were intrusted from
the said Sir Richard Osbaston; and lastly, that His
Majesty's Attorney General shall be made acquainted
with such Conveyances of the said Estate, before any
Thing be perfected therein, that His Majesty be no ways
damnified in any other Respect whatsoever, under the
Pretence of conveying over of the said Estate as aforesaid.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque
diem Jovis, videlicet, 10m diem Junii, hora 9a Aurora,
Dominis sic decernentibus.