House of Lords Journal Volume 4
22 June 1641

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1767-1830

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'House of Lords Journal Volume 4: 22 June 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 281-283. URL: http://www.british-history.ac.uk/report.aspx?compid=35629 Date accessed: 02 August 2014.


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DIE Martis, videlicet, 22 die Junii.

PRAYERS.

Order about the Bishop of Lincoln and his Tenants of Buckden.

Whereas the Bishops of Lincolne, having quitted their Commons to the Tenants of Buckden, have, by Order and Licence, inclosed some Parts of their Demesne, which lay next unto the Parks and Woods in that Place, which bore neither Corn nor Grass, and having fenced those Grounds, and enjoyed them quietly in their own Possession, and the Possession of the King (upon an Extent), some for Twenty-four Years, and the rest for Fourteen Years; yet now of late, and sitting this present Parliament, videlicet, on Friday last, the 18th of this Instant June, some Hundreds of Women and Boys, armed with Daggers and Javelins, in a very tumultuous and riotous Manner, entered upon the Grounds, threw open the Gates, and broke down the Quicksets of the said Inclosure, and turned in great Herds of Cattle upon the Premises, to disquieting of the present Possession, and to the great Damage and Loss of the now Bishop of Lincolne (a Member of this House): Whereupon it is Ordered, by this House, That the said Lord Bishop of Lincolne, and all claiming from and under him, shall quietly and peaceably hold and enjoy the possession of the said inclosed Grounds, lying near to the Park aforesaid, as it hath been possessed and enjoyed for the Space of Seven Years last past, until the Houses of Parliament, or some other of His Majesty's Courts of Justice, shall give Order or determine the contrary; and that Three of His Majesty's Justices of the Peace next adjoining, videlicet, Mr. Ravenscrofte, Mr. Paine, and Mr. Barnard, or any Two or One of them, shall, by virtue thereof, view the Place, and certify unto this House the Value of the Loss and Damages so done by the said riotous and tumultuous People as aforesaid; and that the said Riot and Tumult shall be considered of, and proceeded against, according to Law, by His Majesty's Justices of the Peace for the County of Huntingdone, at the next Quarter Sessions to be held for the said County; before which Justices of Peace, the Persons offending are to be produced, and proceeded against, in Manner as aforesaid; the Principal of which Actors are to be sent for as Delinquents unto this House, and proceeded against here, as this House shall think fit: And lastly, it is Ordered, That, until the Parliament, or some other of His Majesty's Courts of Justice, shall order the quiet Possession from the said Lord Bishop of Lincolne, that none shall disturb the quiet Possession of the said inclosed Grounds, either by throwing down of the Mounds, pulling up the Quicksets, or throwing open the Gates, or wilful turning in their Cattle upon the Premises; but that the said Lord Bishop, and all claiming from and under him, shall and may peaceably and quietly enjoy the said Grounds, according to the true Intent and Meaning of this Order.

Hospitals

Ordered, That the Committee for the Bill for Hospitals do meet on Thursday Morning next, at Eight a Clock in the Morning.

Against mixing Wines.

Ordered, That the Committee of the Bill against Sophistication of Wines do meet on Saturday Morning next.

Restoring Saip-money.

Ordered, That the Committees for the disposing of the Shipping-money resting in the Hands of the Sheriffs, do meet on Monday Morning next.

Croseland's Bill.

Ordered, That the Committee for Croseland's Bill, do meet on Friday next in the Afternoon.

E. Lindsey's Order about the Fens in Lancolnshire.

Whereas several Orders, and in particular one dated the Fourth of this Instant June, have issued out of this House, for the quieting of the Possession of that Part of the improved Fens in Lincolneshire, which contains Fourteen Thousand Acres, or thereabouts, lying between Borne and Kyme Eae, unto the Earl of Lindsey, his Tenants and Assigns, and all others interested in the same, which, through some Misunderstanding, have not had that Effect and Execution, which by their Lordships was intended; it is therefore now Ordered by this House, That the Sheriff of the said County of Lincolne, and his Under Sheriff, with such others as they shall think fit to take unto them for that Purpose, shall repair unto such Parts of the said Fourteen Thousand Acres where any Tumults or Disturbances of Possession are, or have been, and settle and quiet the same, and, from Time to Time, continue the quiet Possession of the said Fourteen Thousand Acres unto the said Earl of Lindsey, his Tenants and Assigns, notwithstanding any Pretence of any former Interruption, until, by the Parliament, or by other due Order and Course of Law, they shall be evicted out of the Possession of the said Premises.

The King will be present P. M. to pass the Tonnage and Poundage Bill.

The Lord Steward signified to the House, "That the King will be here this Afternoon, between Two and Three a Clock, to give His Royal Assent to the Bill for Tonnage and Poundage."

Hereupon a Message was sent to the House of Commons, by Justice Reeves and Justice Heath:

Message to the H. C. to acquaint them with it.

To give them Notice, That His Majesty intends to give His Royal Assent, this Afternoon, to the Bill for Tonnage and Poundage; and that this House will sit this Afternoon, and desire them to do the like.

The Answer returned is:

Answer.

That that House will sit this Afternoon.

Order about Ld. Morley's Trial.

Upon Report from the Lords Committees for Privileges, it is Ordered, That the Lord Morley and Mounteagle shall be tried at the Bar, in this House, touching the Murther of Peter Clarke: That a Writ of Certiorari shall be directed to the Lord Chief Justice of the King's Bench, to bring into this House the said Indictments and Examinations against the said Lord Morley, remaining now in the said Court of the King's Bench: That the King's Attorney, and the rest of His Majesty's Learned Counsel, shall give in Evidence, on the King's Behalf, against the said Lord Morley; and that the said Lord Morley shall have Liberty to have Counsel to speak for him, in Point of Law only, but not for Matter of Fact: And lastly, That the Complainants shall be heard, by their Counsel, at the Bar, at the said Trial, if they desire it; and because that, in one and the same Indictment, the said Lord Morley and Mr. Kirke are both contained, this House doth further Order, That the Record of the Indictment for so much as concerneth the said Kirke shall, by this House, be remanded to the Court of King's Bench, that there he may be proceeded against according to Law.

Fens and Aqueduct Money.

Ordered, That the Committee for the Fens do meet To-morrow in the Afternoon, and consider of what Security is fit to be given by Sir Cor. Vermuden, that he shall not damnify the Country by his draining the Fens; and to consider who shall give the Security for the repaying of the Ten Thousand Pounds, which is to be lent out of the Aqueduct Money, and what Time to be prefixed for the re-paying of the said Ten Thousand Pounds.

Wakefield versus Marquis of Huntley.

Upon the humble Petition of Mary Wakefeild, Widow, on the Behalf of herself and Three Children, shewing, "That the Marquis of Huntley is indebted unto the Petitioner in the Sum of Eleven Hundred Pounds, which he forbeareth to pay, or give her any Satisfaction for; and being lately arrested for the same by due Course of Law, procured Means to be released without satisfying her, whereby she is likely to lose her said Debt;" it is Ordered, That the said Marquis Huntley shall forthwith either pay, or give her the said Mary Wakefeild good Security, to her own Liking, for the said Sum of Eleven Hundred Pounds; and further, the said Marquis to be informed, by the Lord Chamberlain, That either he must pay or give good Security as aforesaid, otherwise the Petitioner shall have Liberty to take her Course by Law for the Recovery of the same.

Star-chamber Bill.

Message from the Commons about suspected Persons.

After this, the House fell into Debate of the Bill concerning the Star-chamber. The House was put into a Committee during Pleasure. The House being resumed, a Message was sent from the House of Commons, by Mr. Hollis; who said, "That he was commanded to let their Lordships know, That the Commons have taken Notice of some secret Counsels of Jesuits, and other ill-affected Persons in this Kingdom, which are fomented by our Enemies Abroad, to disturb the Peace of this Kingdom and Scotland. The Desire of the House of Commons was, That all suspected Persons may be stayed at the Ports; and, if Cause be, examined; and that the Letters of this Week which come from France may be stayed, and brought to this House, and be perused, as formerly hath been."

Suspected Persons stayed, and Foreign Letters to be opened.

Ordered, That this House doth grant all which the House of Commons hath desired, and will take Order therein.

Post-master to bring the Letters.

Ordered, That all the Letters which are imported or exported this Week, shall be stayed, and brought unto this House, by Thomas Witheringes, the Post-master.

Suspected Persons to be examined at the Ports.

Ordered, That the Lord Admiral and the Lord Warden of the Cinque Ports do presently give Order to their Officers, That all suspected Persons, that are Jesuits, Priests, or others, be examined in the Ports, before they pass; and, if they find just Ground to suspect them to be such Persons as aforesaid, then to apprehend them.

Committee to acquaint the King with these Resolutions.

The Lord Privy Seal, Earl of Cambridge, Earl of Holland, and the Lord Viscount Say & Seale, were appointed by this House to acquaint His Majesty with what the House resolved in this Business.

Countess Dowager of Exeter's Bill.

A Message from the House of Commons, by the Lord Grey; who brought up the Countess Dowager of Exeter's Bill, with a Proviso added, which had passed their House.

The Proviso was read Three Times, and voted, upon the Question, nemine contradicente, to pass with the Bill.

The King to be moved for the Royal Assent to this Bill.

Ordered, That the King be moved to pass His Royal Assent to this Bill this Afternoon.

Sir Philip Carteret's Letter.

A Letter of Sir Phillip Carteret, written to the Earl of Essex out of the Isle of Jarzey, was read, and Ordered to be referred to the Committee for the Defence of the Kingdom; and Mr. Devicke to attend the Committee.

Abolishing the Star-chamber.

Lords appointed to consider of the Exceptions to the Bill concerning the Star-chamber, and to prepare it for the House: videlicet,

L. Privy Seal.
L. Marquis Hartford.
Comes Bathon.
Comes South'ton.
Comes Essex.
Comes Sarum.
Comes Warwicke.
Comes March.
L. Viscount Say & Seale.
Bp. of Durham.
Bp. of Chester.
Bp. of Lincolne.
Bp. of Carlile.
Bp. of Bristoll.
Bp. of Rochester.
Ds. Willoughby de Earseby.
Ds. Pagett.
Ds. Kymbolton.
Ds. Digby.
Ds. Howard de Charlt.
Ds. Brooke.
Ds. Roberts.
Ds. Grey de Warke.
Ds. Pierpointe.
Ds. Howard de Est.
Ds. Savill.
Ds. Seymour.

Their Lordships, or any Seven, to meet this Afternoon, at Five a Clock; and the Judges and the King's Counsel to attend.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in horam 2m post meridiem hujus diei, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

King present.

This Day His Majesty came to the House; and, being set in His Chair, and the Lords sitting in their Robes, the Commons were sent for, who came with their Speaker, and by him presented His Majesty with a Subsidy of Tonnage and Poundage; and, after the Speaker had ended his Speech, His Majesty spake as followeth: videlicet,

King's Speech.

"I do very willingly accept your Offer made at this Time, as a Testimony of your Love and of that dutiful Affection you owe Me; and I no way doubt but that you will perform that which you have intimated unto Me, in perfecting the other Bill when you have Leisure: Likewise, in passing this Bill, you cannot but see a great Testimony of the Trust and Confidence I have in your Affections, as, since this Parliament began, I have omitted no Occasion whereby I may shew such Affection to My People as I desire My People should shew to Me; and not only so, but likewise in eschewing all Occasions of Dispute, and in seeking to remove Jealousies; and for this particular Bill, you cannot but know that I do freely and frankly give over that Right which My Predecessors have ever esteemed Their own, though I confess disputed, yet so as it was never yielded by any one of Them. Therefore you must understand this as a Mark of My Confidence in you, thus to put Myself wholly upon the Love and Affections of My People for My Subsistance; and therefore I hope that, in the perfecting of this you have begun, you will go on the more chearfully.

"And as for those Rumours which have bred Suspicions concerning the Army, though I have heard some loose Discourses touching it (which I never understood otherwise than as having Relation to the Scottish Army, or preventing of Insurrections), yet they were so slight of themselves, that they vanished by their own Lightness within few Days after they were born; and therefore, having shewed you My Clearness in this, I will leave you, with the Assurance that I never had other Design but to win the Affections of My People by the Justice of My Government."

Royal Assent to Bills.

His Majesty ending His Speech, the Clerk of the Crown read the Titles of the Bills; one, concerning Tonnage and Poundage; the other, a Bill of the Countess Dowager of Exeter; and then the Clerk of the Parliament pronounced His Majesty's Royal Assent.

Which being done; His Majesty went away, and the Commons departed to their House.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 23m diem instantis Junii, hora 9a, Dominis sic decernentibus.