DIE Martis, videlicet, 13 die Julii.
PRAYERS.
Act concerning the Stannary Court read.
Hodie 1a
vice lecta est Billa, An Act against divers Incroachments and Oppressions in the Stannary Court.
Archbishop of Canterbury's Petition, concerning the Payment of Poll money.
Upon reading the Petition of the Archbishop of Cant.
concerning his Payment of Poll-money; it is Ordered,
To be left to be paid according to the Act of Parliament.
E. of Oxford's Estate.
Lords Committees appointed to consider of the Estate
of the Earl of Oxon: videlicet,
The L. Gr. Chamberlain. Epus. Lincolne.
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L. Steward.
L. Admiral.
L. Chamberlain.
E. Huntingdon.
E. Essex.
E. Berks.
Epus. London. |
Ds. Wharton.
Ds. Pagett.
Ds. North.
Ds. Kymbolton.
Ds. Brooke.
Ds. Howard de Charlton.
Ds. Howard de Estcrick. |
Votes concerning the Court of York.
After this, the House proceeded to consider of the
Court of Yorke, and to give Judgement therein. For the
freer Debate hereof, the House was put into a Committee during Pleasure; and the Votes of the House of
Commons were read.
And, after much Debate, the House was resumed.
And it was Resolved, upon the Question, by the major
Part, That the Commission and Instructions, whereby
the President and Council of the North exercise a Jurisdiction, is illegal, both in the Creation and Execution.
Resolved, upon the Question, by the major Part,
That this Commission and Instructions is unprofitable to
His Majesty.
Resolved, upon the Question, nemine contradicente,
That this Commission and Instructions is inconvenient
and grievous to His Majesty's Subjects of those Parts.
Resolved upon the Question, nemine contradicente,
That this House doth join with the House of Commons,
in beseeching His Majesty that the present Commission
and Instructions may be revoked, and no more such
granted for the future.
Memorandum, This House doth declare, seeing the
Commission and Instructions of the Court of Yorke is illegal in the Creation and Execution, That the former
Judges in the Court of Yorke, who have given Judgement, and proceeded, as they thought in their Consciences, upon true and legal Grounds, shall not be liable to Punishment for the Time past, unless it be for
Corruption; and also, that all Judgements and
Decrees in that Court shall not be liable to Question
but in Case of Injustice, and that none in that Case
shall be barred of their Appeal; and, if it appear
that there is a Necessity for the Ease of that Country to have a Court, this House will advise with
the House of Commons how one may be established by
Law, for the Ease of those Parts.
Committee to prepare Heads for a Conference on this Subject.
Hereupon these Lords following were appointed to
draw up some Heads to prepare for Conference with
the House of Commons, concerning the aforesaid Particulars, that so the Persons that were Judges, and the
Acts of that Court, may have a Saving for them: videlicet,
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Comes Essex.
Comes Bristoll.
L. Viscount Say. |
Epus. Lincolne.
Ds. Wharton.
Ds. Kymbolton.
Ds. Savill. |
E. of Cleveland's Bill.
Ordered, That the Report concerning the Earl of
Cleveland's Bill be made on Thursday next, in the Afternoon.
Bill against Recusants.
Ordered, That the Committee concerning the disarming of Recusants do meet this Afternoon; and the
Lord Brooke is added to the Committee.
Burrell's Security.
Ordered, That the Security which Burrell is to
give be only for Appearance at the Hearing of the
Cause.
Sir Jo. Lucas's Cause concerning Rioters in Essex.
Ordered, That the Examinations returned from Colchester, concerning the Cause between Sir John Lucas
and others, shall be delivered to the Judges and others
who are appointed to take the other Examinations in
that Cause; and they are to report them to this House
with the rest of the Examinations.
Establishing the Possessions of the Earls of Bedford and Portland in Whittlesea.
Whereas several Orders have heretofore been made
in this House, for the establishing of the Possession of
the Right Honourable the Earls of Bedford and Portland, in certain Lands remaining unto their Lordships
upon the Division of the Common and Waste Grounds
belonging to the Town of Wittlesey, within the Isle of
Ely and County of Cambridge, made betwixt their Lordships and the Tenants of the said Town, until they were
evicted either by Parliament or by some other of His
Majesty's Courts of Justice, as by the Orders it doth
appear; that, notwithstanding, divers of the Inhabitants of the Town of Rumsey, in the County of Huntingdon, have put in their Cattle into the said Grounds,
and do still keep the same there by Force, upon Pretence that the said Grounds do lie within the Parish of
Rumsey, in the County of Huntingdon; and, to make
good the said Pretence, one Henry Gardner, Edward
Marriot, and John Snosdell, Inhabitants of the said Town,
have brought several Actions of Trespass and Replevins
against their Lordships Bailiff and Servants, for impounding the Cattle found upon the said Grounds, contrary
to the Privilege of Parliament, and do endeavour to
bring the said Actions to a Trial at the next Assizes for
the County of Huntingdon; it is therefore Ordered,
&c. That all the said Suits shall be stayed until next
Term, according to the said Privileges of Parliament;
and that the Possession of the said Grounds shall be continued with their Lordships, as well against the Inhabitants of the Town of Rumsey as against all other Person
and Persons, according to the Orders above recited, until this Parliament, or other His Majesty's Courts of
Justice, shall order or determine the contrary.
General Order for Possessions, to secure them from Riots and Tumults.
Whereas daily Complaints are made unto this House,
of violent breaking into Possessions and Inclosures, in
riotous and tumultuous Manner, in several Parts of this
Kingdom, without any due Proceeding by Course of
Law to warrant the same, which have been observed to
have been more frequently done since this Parliament
began than formerly; it is thought fit, and so Ordered, by the Lords in Parliament, That no Inclosure or
Possession shall be violently, and in a tumultuous Manner, disturbed or taken away from any Man, which was
in Possession the First Day of this Parliament or before,
but by due Course and Form of Law; and that such
Possessions of all Men shall continue and remain unto
them as they were on the First Day of this Meeting of
Parliament, unless it have been, or shall be, by some
legal Way of Proceeding in some of His Majesty's
Courts of Law or Equity, or by some Act or Order of
the Parliament determined or ordered to the contrary;
and in all such Cases, where any such unlawful Disturbance of the quiet Possession of any Man hath happened,
or shall happen, (fn. *) he shall have Power, by virtue of this
Order, together with Two of the Justices of the Peace
of the said County next or near to the Place, and such
others as he or they shall think fit to take with him or
them, to repair unto the Place where such Tumults
happen to be, and appease and quiet the Possession of
the said Lands and Inclosures so disturbed as aforesaid,
and shall see to, and cause that the Possession be continued unto the present Owners as aforesaid, until, by a
legal Course in some Court of Law or Equity, or by Order of Parliament, it be determined or Ordered to the
contrary.
Report from the Committee, concerning the Officers of the Star-chamber.
The Lord Bishop of Lincolne reported, "That the
Lords Committees appointed for to consider of the
Petitions of the Officers of the Star-chamber, have
fully heard their Cause; and they are of Opinion,
and do not conceive of any fitter Way of Relief for
these poor Officers, the King's Servants, than to remit them to the King's Mercy, that His Majesty
would be graciously pleased to allow a proportionable
Relief for these poor Men, out of such Fines as may
accure unto His Majesty in the High Court of Parliament, to be apportioned by the Lords of the Committee, or otherwise, as their Lordships shall be pleased to approve thereof, and Order it."
Order about the Disorder in St. Thomas Apostle's Church, London.
Upon Report this Day unto the House, by the Right
Honourable the Lord Seymour, "That the Differences
between the Parishioners of St. Thomas the Apostle,
complained of unto the Lords in Parliament, was
composed by his Lordship, to whom the Business was
referred;" it is Ordered, &c. That the said Differences, together with the Cause depending before
their Lordships, shall (by virtue of this Order) be fully
ended and determined; and lastly, that John Blackwell
shall, for himself and others petitioned against, forthwith pay unto the Overseers of the Poor of that Parish,
upon Sight hereof, to the Use of the said Poor, the
full Sum of Ten Pounds, of lawful Money of England;
and hereof they are not to fail, as they will answer the
contrary.
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Mercurii, videlicet, 14m diem instantis Julii, hora nona, Dominis sic decernentibus.