DIE Mercurii, videlicet, 21 die Julii.
Sir John Hales, about the Aqueduct.
Sir John Hales appeared, to shew Cause why he did
not pay the Money in his Hands which he received of
the Aqueduct Money, to those Lords which are appointed to receive the same by Order of this House, which
Money is to be employed towards draining of The Fens.
Sir John Hales desired Security might be given first for
the Re-payment of the said Monies. Hereupon it is
Ordered, That the said Sir Jo. Hales shall pay the
Monies in his Hand, according to the former Order of
this House, peremptorily; else he shall be committed.
Auditor Worfeild to be sent for.
Ordered, That, upon Affidavit made, "That Mr.
Worfeild hath disobeyed the Order of this House,"
he shall be sent for, by the Gentleman Usher attending
this House, to appear before this House, and answer the
Act for the Certainty of Forests.
vice lecta est Billa, An Act for the Certainty
of Forests, and of the Meers, Metes, Limits, and Bounds
Committed to these Lords following:-videlicet
L. Privy Seal.
Ds. Howard de Charlton.
Mr. Justice Reeves,
|Mr. Justice Mallet,
Their Lordships, or any Seven, [ (fn. *) to meet] Tomorrow in the Afternoon, in the Painted Chamber.
Then the Earl of Essex reported the Queen's Answer,
concerning the staying of Her Journey, which was delivered in these Words: videlicet,
Report of the Queen's Answer, concerning the Stay of Her Journey.
"When the Parliament did the other Day express
their Desires to Her Majesty, in taking into their
Consideration the Journey which She hath resolved
on for the Recovery of Her Health, and presented a
Desire of Her Stay, with a tender Care of removing
all Occasions of Her indisposing, She could (fn. *) not then
give a positive Answer, such as Her Majesty desired
for their Satisfaction, because She knew not if Her
Health would give Way unto it; but, since that Time,
Her Majesty hath resolved to venture Her Health,
and (for complying with the Desires of the Parliament) not to go, seeing Her Presence here will be
acceptable unto them, and that they conceive it will
be for the Good of the Kingdom; for Her Majesty
says, She desires nothing more than to let them see
that She shall in all Things (fn. *) be ready to gratify
them, and serve the State, though (as She then
said) with the Hazard of Her Life."
Hereupon this House Resolved, To have a Conference with the House of Commons, to communicate it
unto them, and desire them to join with this House, to
give Her Majesty humble Thanks, for the Favour expressed to this Kingdom, in staying Her intended Journey beyond the Seas. To this Purpose, a Message was
sent to the House of Commons, by Justice Reeves and
Message to the H. C. for a Conference on this Subject.
To desire a Conference, by a Committee of (fn. †) both
Houses, concerning a Message delivered from the
That the House of Commons will give a Meeting
presently, in the Painted Chamber, as is desired.
Committee for the better Maintenance of the puisne Judges.
Ordered, That these Lords following are appointto be (fn. †) a Standing Committee, to consider of some
fit and due Maintenance to be settled upon the Puny
Judges, in Recompence of their Pains, and for their
better Encouragement to discharge their Places with
The L. Privy Seal.
L. Marq. of Hertford.
L. Viscount Say & Seale.
Their Lordships, or any Five of them, to meet on
Friday next, in the Afternoon, and at what other
Time their Lordships please.
Ordered, That the Committee for the Bill concerning the Stannaries do meet this Day Sevennight, to
consider of the same, at which Time the Prince's Counsel is to attend their Lordships, and be heard in the
Prince's Behalf, if there be Occasion.
His Majesty consents to the Five Propositions.
Then the Earl of Bristoll reported to this House,
"That His Majesty hath been moved, concerning the
Five Propositions presented to this House from the
House of Commons Yesterday; and His Majesty consents to all the said Propositions."
Ordered, That the Lord Viscount Saye & Seale is
appointed to wait on the Queen's Majesty, with the rest
of the Lords, in the Lord Admiral's Place.
The Earl of Essex was appointed to speak at the Conference, and to acquaint the House of Commons with
the Queen's Answer.
Conference concerning the Queen's Answer reported.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, (fn. †) and
the House being resumed, the Earl of Essex reported,
"That he had delivered their Lordships Commands, in
acquainting the House of Commons with the Queen's
Answer, and desiring them to join with their Lordships, to present their humble Thanks to Her Majesty for the same."
Trial of L. Morley.
Ordered, That the King's Counsel do attend this
House To-morrow, to let their Lordships know when
they can be ready for the Trial of the Lord Morley in this
Sir R. Mannsell versus Batson.
Upon the Petition of Sir Robert Mannsell, Knight,
complaining "That Robert Batson hath disobeyed the
"Order of this House, being served with it;" and upon Affidavit made of the same, it is Ordered, That the
said Robert Batson shall be sent for as a Delinquent, to
appear in this House, to answer the said Contempt.
Sir J. Lucas's Cause.
Ordered, That the Mayor of Colchester and Mr. Justice Lynne shall have Power (by virtue of this Order) to
examine upon Oath all such Witnesses as can testify any
Thing in the Cause of Sir Jo. Lucas, Knight, against several of the Inhabitants of Colchester, touching a late
Riot committed in the said Town; which Examinations
are to be taken by them forthwith, and certified unto
this House with all convenient Speed; but such Persons
as have already deposed, concerning any of the Five Persons who have been lately brought up by a Messenger of
this House, shall not again be examined touching any
of the said Persons, by any Directions of this Order.
A Message was brought from the House of Commons,
by Mr. Hollis:
Message from the H. C. that they will join in an Address of Thanks to the Queen, for staying Her Journey.
To let their Lordships know, that the Commons have
taken into Consideration the late Conference, concerning giving Thanks to the Queen for Her Gracious Answer this Day, touching the staying Her intended Journey. He was commanded by the House of Commons to
tell their Lordships that they will be ready, with
a select Committee of their House, to join with a select
Committee of Lords, to wait on the Queen, at such
Time as their Lordships shall appoint.
Committee appointed for that Purpose. Her Majesty's Pleasure to be learnt, when She will be waited on.
The Lords, taking this Message into Consideration,
Ordered, That the same Lords Committees that were
appointed the 16th of this Instant July to wait on Her
Majesty, do meet with the same select Committee of the
House of Commons, this Afternoon, at Three a Clock, to
draw up what is fit to present to Her Majesty from both
Houses, and to present the same to this House; and
likewise it is Ordered, That the Earl of Cambridge
and the Lord Kymbolton do presently wait on Her Majesty, to know what Time She will please to appoint
the Committees of both Houses to wait on Her, to present their humble Thanks to Her Majesty.
Then the Messengers of the House of Commons were
called in; and the Speaker told them, by Way of Answer to their Message, what this House had ordered as
Clerks of the Common Please and Patentees concerning the Offices belonging to that Court.
Whereas a Petition hath been exhibited (fn. *) unto this
Honourable House, by sundry Officers, Clerks, and
late Clerks, of the Court of Common Pleas, thereby
shewing "that they have been bred and trained up as
Clerks in the said Court; and that the Disposition of
the Offices of Prothonotaries, Philazers, Exigenters,
and divers other Offices of the said Court, had
Time out of Mind appertained to the Chief Justice
of that Court for the Time being, as an inseparable
Incident to his Office; and that the same were granted to such skilful and experienced Clerks, trained up
in the said Court, as were most fit and able for the
Execution of the same Places; and that, notwithstanding, several Grants, or Letters Patents, of the
said Offices, had been obtained from His Majesty, to
the great Discouragement of able Clerks; and therefore prayed, that the same Grants, or Letters Patents,
might be recalled:" And whereas several Petitions
have likewise been exhibited by the Patentees, touching the said Offices, and several Days of Hearing have
been appointed, but, in regard of greater Business in
the House, the Cause could not be heard; whereupon
it pleased the Lords, upon the Six and Twentieth Day
of June last, to Order, That the Judges of the King's
Bench, and Barons of the Exchequer, should consider
whether the said Grants, or Letters Patents, made by
His Majesty of the said Offices, or any of them, were
good in Law, and make Report thereof unto the House,
to the End their Lordships might proceed to do what
should be right and just therein; and whereas the said
Judges and Barons, upon Perusal of divers of the said
Patents, and due Consideration had of the Grants
of those Offices in former Times made by the Chief
Justice of the said Court of Common Pleas for the Time
being, and upon Hearing of Counsel on both Sides, after mature Deliberation had of the Premises, did certify, "That the Offices of the First and Third Prothonotary of the said Court of Common Pleas, of the
Clerk of the Warrants, of the Clerk of the King's Silver
of the Clerk of Essoins, of all Exigenters, and of all
the Philazers (except of the County of Monmouth),
have, by Prescription, belonged to the Chief Justices
for the Time being; and that he hath always granted the same for the Lives of the Grantees, who have
held them by his Admittance only; and that the Office of Clerk of the Treasury of that Court is always
grantable by the Chief Justice for the Time being, to
such Persons as he shall nominate, to continue only
during the Time that he continueth Chief Justice;"
and further they did certify their Opinions to be,
"That none of the Grants made by His Majesty of any
of the Offices or Clerks Places, before in the same
Certificate mentioned, were good in Law:" And
whereas this Day was appointed, by Order of this
House, for the Hearing of the said Cause, now, upon
full Debate of the Matter by Counsel Learned on both
Sides, their Lordships taking the Business into their mature Consideration, and well approving the Learning,
Justice, and Integrity of the present Chief Justice, and
thinking it most just and meet that the Rights and Privileges truly incident and belonging to the Place of
Chief Justice of the said Court of Common Pleas should
be restored and continued, they have unanimously resolved, voted, declared, and Ordered, That the said
Offices, of the First and Third Prothonotary of the
said Court of Common Pleas, of the Clerk of the Warrants, of the Clerk of the King's Silver, of the Clerk
of the Essoins, of the Clerk of the Treasury, and of
all the Philazers, and of all the Exigenters (except for
the County of Monmouth), do, by Right, belong to the
Disposition of the Lord Chief Justice of the said
Court of Common Pleas for the Time being; and that
the Grants formerly made, by Letters Patents, of the
said Offices, or Clerks Places, or any of them, are illegal, and void in Law; and it is further Ordered,
That the said several Letters Patents, herein mentioned,
shall be forthwith brought into this House.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in
post meridiem hujus instantis diei, hora quarta, Dominis
Report of the Address of both Houses, to thank the Queen for staying Her Journey.
The Earl of Essex reported to this House, "That both
Committees have met, and considered of what is fit
to be presented to the Queen from both Houses, as
their Thanks for the staying of Her Journey;" which
being read, was approved of. The Contents was, in
hæc verba: videlicet,
"Both Houses of Parliament have, with very much
Comfort and Thankfulness, received that Gracious
Message, whereby Your Majesty hath been pleased
to declare Your Resolution to stay Your intended
(fn. *) Journey, at their humble Desire, which they hope
will be no Prejudice to the Recovery of Your Majesty's Health, but rather an Advancement of it, by
that Contentment which You will receive from the
continued Expressions of their Affections and Zeal to
Your Service; and they have commanded me, in their
Names, to declare, that both their Prayers and Endeavours shall concur in all Things tending to Your
Majesty's Welfare and Prosperity, which they shall
esteem as a very great Blessing to the Kingdom, and
After this, the Earl of Cambridge reported, "That
Her Majesty hath appointed the select Committees of
both Houses to wait on Her at Five a Clock this Afternoon."
The Earl of Essex was appointed to deliver the
Thanks of both Houses to Her Majesty at the Time
Act for securing Money to the Yorkshiremen.
vice lecta est Billa, An Act for the securing
of such Monies as are or shall be due to the Inhabitants
of the Country of Yorke, &c.
Ordered, That the Committee concerning Sir James
Thynne's Bill do meet on Saturday Morning next, at
Eight a Clock.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Jovis, videlicet, 22m diem instantis Julii, hora nona
Aurora, Dominis sic decernentibus.