DIE Lunæ, videlicet, 14 die Junii.
Ld. Audley versus Ld. Cottington.
Ordered, That Tho. Dabridgecourte shall attend
this House To-morrow Morning, to be a Witness for
the Lord Cottington, in the Cause between the Lord
Awdley and his Lordship, concerning the Manor of
The Prince's Order against Rioters in West Derham and Roxham in Norfolk.
Whereas there hath been an Improvement made for
the Prince's Highness of Six Hundred Acres, about Two
Years since, out of the Waste Grounds in West Derham
and Roxham, in the County of Norff. containing about
Sixteen Hundred Acres; and of the said improved
Grounds there was set out and inclosed, for the Poor in
those Parts, One Hundred Acres, whereupon there was
a general Agreement and Consent, by the Commoners,
for the said Improvement, under their Hands; which
Agreement, upon Information exhibited into the Exchequer, is by the Commoners in their Answer confessed; whereupon the said Improvement, by their
Consent, is settled by Decree of the said Court, and
the Possession thereof ever since peaceably enjoyed;
yet very lately, videlicet, about the 7th of this Instant
June, and sitting this present Parliament, about One
Hundred several Persons have, in a riotous and tumultuous Manner, pulled down many of the Inclosures, as
well on the Prince's Part as on the Poors, and put in
their Cattle, although they were by the High Sheriff
of that County required to forbear; who were so far
from obeying his Commands, that they further threatened
to destroy all other the improved Grounds, being now
full of Corn, which will tend to the Ruin and undoing of
many Persons: Whereupon it is thought fit, and so
Ordered, by this House, That the Prince his Highness (being a Member of this House), the poor Inhabitants above-mentioned, and all other Persons claiming
from, by, or under his said Highness, shall quietly and
peaceably hold and enjoy the said improved Lands, so
settled by Decree in the Exchequer as aforesaid, without the Interruption or Molestation of any Person or
Persons whatsoever, till the said Decree, being so made
by Consent as aforesaid, shall, either by Parliament, or
by some other legal Way, be reversed, or made void,
or the said Possessors and Owners of the said Improvements shall be ejected out of their Possessions by some
Proceeding in other His Majesty's Courts of Justice; and
that, in the mean Time, none shall presume to disturb
the quiet Possession of the said improved Grounds,
either by throwing down of the said Mounds, or wilfully
putting in of their Cattle upon the Premises; and
lastly, that Wm Chambers, Wm Rumball, Jo. Hastinges,
Tho. Clemens, Ed. Fryer, Martyn Kinge, Robert Rawes,
Jo. Hayward, Robert Sampson, and Edward Jones, shall
be sent for, as Delinquents, to answer their Misdemeanours concerning this Business.
Bill against mixing Wines.
vice lecta est Billa, An Act to prevent the
unlawful mixing of Wines; and Ordered to be committed to these Lords following:
L. Privy Seal.
L. Viscount Conway.
Justice Reeves, and
Mr. Attorney General,
Ds. Herbert de Cherbery.
Their Lordships, or any Five of them, to meet on
Saturday next, in the Afternoon, at Two a Clock,
and have Power to send for what Merchants and
others as they please to inform themselves.
Smithwick versus the East-India Company.
Upon reading the Petition of the East-India Company,
desiring longer Time to answer the Petition of Tho.
Smithwicke, in regard of their great Business at this
Time; it is Ordered, That they shall have Time till
Saturday come Fortnight.
House to be called To-morrow.
Ordered, That this House be called To-morrow
Morning; and such Lords as cannot give a good Excuse
for their Absence are to be liable to a Fine.
Smith versus Busby in Error.
This Day the Writ of Error brought out of the King's
Bench, upon a Judgement given between Smith and
others, Plaintiffs, against Busbie and others, Defendants,
was opened by the Counsel at the Bar, who desired a
short Day for arguing of the Case. Hereupon it is Ordered, That this Cause shall be argued, by Counsel on
both Sides, on Wednesday come Fortnight; and all the
Judges to be then present.
A Message was brought from the House of Commons,
by Mr. Hotham:
Message from the H. C. touching the disbanding of some Regiments.
To desire a Free Conference, by a Committee of both
Houses, touching the disbanding some Regiments of the
The Answer returned is: That their Lordships will
send an Answer, by Messengers of their own.
Ld. Strange Leave to be absent.
The Lord Strange hath Leave to go see his Father,
who is sick.
Letters against Sir Thomas Gower from the Army.
After this, a Letter was read, sent from the chief
Commanders in the King's Army to the Lord General,
desiring Reparation from Sir Tho. Gower, for the false
Reports of them to the House of Commons.
To debate this Letter, the House was put into a Committee during Pleasure.
The House was resumed; and a Message was sent to
the House of Commons, by Justice Reeves and Serjeant
Message to the H. C. in Answer to the last Message from thence.
To let them know, that their Lordships will give them
a present Meeting, in the Painted Chamber, concerning
the Message lately brought from them; and to let them
understand further, that somewhat will be delivered to
them concerning the Army at this Conference.
Report upon Sir Pierce Crosbie's Petition.
Committee to move the King to restore him to his Seat at the Council-board.
Upon Report made unto this House, by the Lords
Committees particularly appointed for Sir Peirce Crosebie's
Petition, it is Ordered, That those Lords, and others,
who gave their Sentence in the Star-chamber against Sir
Peirce Crosebie, shall have Notice of his Petition exhibited unto the Lords in Parliament, and be desired to defend the Sentence given by them in that Cause; and that
a speedy Day may be appointed for the Hearing of the
said Cause; and whereas the said Sir Peirce Croseby was
sequestered from the Council-board in Ireland at the Instigation of Sir George Radcliffe, Knight, for voting
against a Bill in that Parliament there; it is further
Ordered, That His Majesty be moved for his Restitution unto the said Board; and that Notice be given unto
Sir Jo. Cooke, and Sir George Radcliffe, that it is the
Pleasure of the said Lords in Parliament, That they
forthwith make Answer to so much of the Petition of
Sir Peirce Croseby as they are concerned in; and that Sir
Peirce Crosebie's Witnesses in this Cause shall (by virtue
of this Order) deliver in their Testimonies in Writing,
under their Hands, unto the Clerk of the Parliament, to
be kept sealed up by him, against such Time as the Cause
of the said Sir Peirce Crosebie shall come to a Hearing;
but the Intent of this House is, and so Ordered, That
if the Parties shall be living, and able to come, that then
they shall appear in Person and give in their Testimonies
viva voce at the Hearing; and lastly, that the Earl of
Bath and the Lord Chief Justice of the Common Pleas do
move His Majesty, from this House, that Sir Peirce Crosebie may be restored to his Place at the Council-board.
It was likewise Reported by the Committee, for Sir
Peirce Crosebie's Petition, "That Sir Phillip Manwaringe
and Sir Robert Farrar had, contrary to the Privileges
of Parliament, and without any Warrant, violently
seized upon the Person of the said Sir Peirce Crosebie
and his Papers, upon a bare Suspicion of a Libel
only;" whereupon it is Ordered, That the whole
Matter shall be hereby recommended to the Parliament
in Ireland; who, best knowing their own Privileges and
Rights, may be pleased to repair the Petitioner in that
honourable and just Way, as in their great Wisdoms
they shall think fit.
Forest of Roch.
Ordered, That the Petition of the Inhabitants of
the Forest of Roch be referred to the Committee appointed for Sir James Thynne's Bill, if it concerns that
Forest; and that it be heard at the same Time with
that; if not, to be referred to the Committee for Petitions.
The Answer which was returned to the Message sent
to the House of Commons is:
Answer from the H. C.
That they will give a present Meeting, as is desired.
Lords to report the Conference.
The Earl of Bath and the Earl of Bristoll were appointed to report the Conference; and the Earl of
Holland to acquaint them with the Letter.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and it being now late, it is
Ordered, That the Report shall be made To-morrow
E. of Lindsey versus Sir Walter Norton.
Ordered, That Sir Walter Norton do peremptorily
put in his Answer to the Earl of Lindsey's Complaint
against him on Friday next.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Martis, videlicet, 15m diem instantis Junii, hora 9a, Dominis sic decernentibus.