House of Lords Journal Volume 5
4 May 1642

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History of Parliament Trust

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1767-1830

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41, 42, 43

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'House of Lords Journal Volume 5: 4 May 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 41-43. URL: http://british-history.ac.uk/report.aspx?compid=34789 Date accessed: 22 November 2014.


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DIE Mercurii, 4 die Maii.

PRAYERS.

Bishop of Ely to present no Minister to St. Peter's, in St. Alban's, till approved of by this House.

Upon reading the Petition of the Parishioners of St. Peter's, in the Town of St. Alban's, in the County of Hertford, complaining, "That their Vicar is a Non-Resident and a Pluralist, whereby the Souls of People are starved, for Want of an honest and godly Preacher to be constantly amongst them; and the said Vicar now being to be removed, they desire that the Bishop of Ely, who is the Patron of the said Vicarage, may be directed from this House to take Care, that an honest and a learned Divine may be placed there:" Hereupon this House Ordered, That the Bishop of Elye shall not put in any Minister into the said Vicarage of St. Peter's aforesaid, but such as this House shall approve and like of.

Bushell versus Sir Richard Price.

Ordered, That the Cause of Thomas Bushell, Esquire, against Sir Richard Price, Knight and Baronet, and others, shall be heard at this Bar, on Friday the Sixth of this Instant May; and hereof the Parties interested are to have Notice, and attend the said Hearing accordingly.

Earl Marshal's Privilege.

Marsh released.

Ordered, That William Marsh, Gentleman, a menial Servant to the Earl Marshal, being arrested and detained in Custody, contrary to the Privilege of Parliament, shall be forthwith released and set at Liberty, upon Sight of this Order. And this shall be a sufficient Warrant in that Behalf.

"To the Sheriffs of London, and the Secondaries of both Compters."

Earl of Lindsey's Privilege.

Pickays released.

Ordered, That Agmondesham Pickayes, a menial Servant of the Lord Great Chamberlain's, being arrested and detained in Custody, contrary to the Privileges of Parliament, shall forthwith, upon Sight hereof, be freed of and from his present Restraint or Imprisonment; and this shall be a sufficient Warrant in that Behalf.

"To the Sheriffs of London, and the Secondaries of both Compters."

Delinquents sent for, for arresting Pickays.

Ordered, That the Gentleman Usher attending this House, or his Deputy, shall attach the Bodies of Kelham Smith and Cane his Yeoman, and forthwith bring them before the Lords in Parliament, to answer their Contempts to this House, for arresting Agmondisham Pickayes, a menial Servant of the Lord Great Chamberlain's, contrary to the Privilege of Parliament.

"To the Gentleman Usher of the Black Rod attending this House, or his Deputy."

Lady Delawar's Privilege.

This Day, Hawkes, the Bailiff that arrested the Lady Ella Warr, brought in the Original, whereby she was arrested; and, upon the reading of it, it appeared, that Lady Ella Warr's Title of Honour was first left out, and afterwards put in; whereby it was manifest, that they who arrested her could not be ignorant, but know that she was a Peeress of this Kingdom, and so the Privilege of Parliament was due to her: Upon this, the said Hawkes was commanded to withdraw; and the House took this Business into Debate, and Ordered and Adjudged, 1. That the said Hawkes, that arrested the Lady Ella Warr, contrary to the Privilege of Parliament, and for using her in an uncivil Way, shall be committed to the Prison of The Fleet, there to remain until the Pleasure of this House be further known.

2. That he shall stand upon a Stool in Cheapside, on a Market-day, with a Paper on his Head, declaring that he hath arrested the Dowager of a Peer of this Kingdom, contrary to the Privileges of Parliament.

3. That he shall make the Lady Ella Warre a public Acknowledgement, for the Injury done to her.

And this House further Ordered, That the Gentleman Usher attending this House shall attach the Bodies of William Wakefield, and Littler, a Solicitor, and forthwith bring them before this House, to answer their high Contempt to this House, in causing the Lady Ella Warre, a Peeress of this Kingdom, to be arrested, contrary to the Privilege of Parliament.

Queen's Tenants in the South Fens at Balderton, quieted in their Possession.

Upon Information given this Day to this House upon Oath, "That the Queen's Majesty's Tenants have been disquieted in their Possession, in a Division and Settlement of One Hundred Acres of Land and Waste Ground, in the South Fen of Balderton, in the County of Nottingham, by the Inhabitants of Balderton aforesaid, who, in a violent Manner, came on Whitsontide last upon the said inclosed Grounds, with their Servants and Cattle, brake down the Fences, and since that Time have depastured their Cattle there, without paying any Rent for the same:" It is therefore Ordered, by the Lords in Parliament assembled, That Her Majesty's said Tenants shall have a Copy of the General Order for quiet Possessions, made in this House, bearing Date the 13th of July, 1641, under the Clerk of the Parliament's Hand, to make as full Use and Benefit of it as though the said Order were made in this particular Case of Her Majesty's said Tenants, for the quieting of the said Possession so disturbed as aforesaid.

Bill for exempting Four Counties from the Marches of Wales.

Next, this House heard the Counsel on the Behalf of the Court of the Marches in Wales, concerning the Passing of the Bill for exempting the Counties of Gloucester, Worcester, Salop, and Hereford, from the Jurisdiction of the Marches of Wales; and it is Ordered, That Mr. Attorney Ball shall be heard further Tomorrow Morning, concerning this Business.

Message from the H. C. with the Bill against Pluralities.

A Message was brought up from the House of Commons, by Sir Gilbert Gherrard, Baronet, and others; who brought up the Bill against Plurality of Benefices, which was sent down from this House, with some Amendments and a Proviso, to which the House of Commons agree to.

Bill for punishing the Twelve Bishops.

2. He presented from the House of Commons a Bill, which hath passed that House, intituled, "An Act for the Forfeiture of the Lands and Estates, and for the Punishment, of John Archbishop of Yorke, Thomas Bishop of Duresme, Mathew Bishop of Elye, Joseph Bishop of Norwich, William Bishop of Baith and Wells, Robert Bishop of Coventry and Litchfield, Godfrey Bishop of Gloucester, George Bishop of Hereford, John Bishop of Peterburgh, Robert Bishop of Oxon, John Bishop of Asaph, and Morgan Bishop of Landaph;" wherein they desire their Lordships Concurrence.

For Expedition to the Public Bills;

3. That whereas divers Public Bills are remaining with their Lordships, they desire their Lordships would please to give Expedition to them, especially those Bills that concern Religion, as that against scandalous Ministers.

and for the Suit between the Earl of Peterborough and Lord Mounson to come to Trial.

4. That whereas there is a Difference depending between the Earl of Peterburgh and the Lord Mounson, which is proper to be determined in the Court of Wards and Liveries; but, in regard the Lord Mounson claims the Privilege of Parliament, he being a Member of the House of Commons, the Cause cannot be proceeded in, where the Right may be determined; the Lord Mounson hath declared himself willing to wave his Privilege of Parliament, if the Earl of Peterburgh will wave his Privilege.

The Earl of Peterburgh declared in this House, "That he would wave his Privilege of Parliament, if the Lord Mounson would wave his, that so there may be a Proceeding in Law, to end the Differences between them."

The Answer returned to this Message was:

Answer to the H. C.

That their Lordships will give Expedition to those Bills that are remaining undispatched in this House; and that the Earl of Peterburgh is willing to wave his Privilege of Parliament, if the Lord Mounson will do the like, that so the Business between them may be proceeded in (fn. *) in a Way of Justice.

Paper from the Scots Commissioners for Part of the Brotherly Assistance to be paid.

The Lord Lieutenant of Ireland presented a Paper to this House, which he received from the Scottish Commissioners, desiring him to offer the same to the Consideration of this House; which Paper being received, was commanded to be read, which was accordingly done, as followeth:

"Whereas there is to be paid, by the Midsummer next, One Hundreth and Ten Thousand Pounds of the First Term's Payment of the Brotherly Assistance, which Monies are appointed by the Parliament of Scotland to be received by Sir William Dicke and Sir John Smith, who has particuler Commission for that Effect; we do thairefore desire that the Parliament would designe any Six of the Nomber appointed by the Act of Parliament, to whom the said Sir William Dick and Sir John Smith may make their Addresse for Payment, in respect the Time now approches.

Westm. 25th April, 1642.

"Ja. Prymerose."

His Lordship further acquainted this House, "That the House of Commons have nominated Four Members of theirs, of that Committee, to join with a proportionable Number of this House, to whom the Scotts Commissioners may repair unto, as is expressed in their Paper."

Committee for this Business.

Hereupon this House appointed the Earl of Bedford and the Lord Kymbolton to join with Four of the House of Commons, to receive the Addresses of Sir William Dicke and Sir John Smith, for the Payment of the Money which shall grow due upon the Brotherly Assistance, according to the Act of Parliament.

Declaration concerning the Militia.

Next, the Declaration brought up Yesterday from the House of Commons, concerning the Militia, was read; and, after some Debate, it was committed to these Lords following, to consider of what Alteration is fit to be made therein, and report the same to the House:

The L. Privy Seal.
Comes Pembrooke.
Comes Leycester.
Comes Holland.
Comes Clare.
L. Viscount Say & Seale.
Ds. Pagett.
Ds. Kymbolton.

These Lords withdrew themselves presently into the Prince's Lodgings accordingly.

A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight, and others:

Message from the H. C. for the Lords to sit P. M.

To let their Lordships know, that the House of Commons intend to fit this Afternoon; and they desire their Lordships would be pleased to sit likewise, if it may stand with their Conveniency, because they shall have Occasion to bring some Business of Importance up to their Lordships.

The Answer returned was:

Answer.

That this House will sit at Three of the Clock this Afternoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora tertia, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

The Lord Chief Justice of the Common Pleas was appointed by the House to be Speaker this Day.

Bill against the Twelve Bishops.

Hodie 1a vice lecta est Billa, An Act for the Forfeiture of the Lands and Estates, and for the Punishment, of John Archbishop of Yorke, Tho. Bishop of Duresme, Mathew Bishop of Elye, Joseph Bishop of Norwich, William Bishop of Bath and Wells, Robert Bishop of Coventry and Litchfeild, Godfry Bishop of Gloucester, George Bishop of Hereford, John Bishop of Peterburgh, Robert Bishop of Oxon, John Bishop of Asaph, and Morgan Bishop of Landaph.

Declaration concerning the Militia reported.

The Lord Viscount Say & Seale reported, "That the Committee have taken the Declaration concerning the Militia into Consideration, and they think it fit to pass, with some few Amendments;" which, being read Thrice, were approved of: And it is Ordered, That the said Declaration be sent down to the House of Commons, with the Amendments; and to let them know, that this House agrees to the said Declaration, with the said Amendments, and to desire their Concurrence therein.

Bill against Pluralities.

Hodie 3a vice lecta est Billa, An Act against the enjoying of Pluralities of Benefices by Spiritual Persons, and Non-Residency.

And it was Resolved, upon the Question, That this Bill shall pass as a Law.

Message to the H. C. with the Declaration for the Militia.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Littleton:

To deliver to them the Declaration concerning the Militia; and to let them know, that this House agrees thereunto, with the Amendments, wherein their Lordships desire their Concurrence.

Message from the H. C.

A Message was brought from the House of Commons, by Mr. Pym and others; which consisted of these Particulars following:

with an Answer to the King's Message about Sir John Hotham refusing Him Admittance into Hull;

1. That he was commanded, by the House of Commons, to deliver to their Lordships a Paper, being an Answer to Two Messages from the King, concerning Sir John Hotham's Refusal to admit Him into Hull; which Paper hath passed the House of Commons, without any Alteration, as it came from the Committee, wherein their Lordships Concurrence is desired.

and Instructions for the Committees going to Yorkshire.

2. He presented to their Lordships, from the House of Commons, a Paper, wherein are Instructions to be given to the Committees of both Houses of Parliament that are to go into Yorkshire; which having passed the House of Commons, they desire their Lordships Concurrence to them.

The Answer returned to this Message was:

Answer to the H. C.

That this House will take these Papers now brought up into Consideration, and will send an Answer, by Messengers of their own, in convenient Time.

Leigh and Wingfield.

Upon the reading of the Certificate of Mr. Justice Heath this Day in the House, touching a Cause depending before this House between Wolley Leigh, Esquire, Complainant, against Edward Maria Winkefield, Esquire, Defendant; it is Ordered, That the Parties, with their Counsel, shall forthwith attend the said Mr. Justice Heath, who is hereby required to inform himself how that Business stands touching Security, and make his Report unto this House, that thereby their Lordships may proceed therein as in their Wisdoms (fn. *) they shall think meet.

Ld. St. John versus Benyon.

Ordered, That the Cause between the Lord St. Johns against George Benyon shall be heard at the Bar on Wednesday next, being the 11th of this Instant; and hereof the Parties concerned, and the Witnesses in the Cause, are to take Notice, and attend the Hearing accordingly; and that, in the mean Time, the said George Benyon shall have Liberty to go abroad, with his Keeper, to his Counsel, the better to enable him to make his Defence at the said Hearing, provided he return every Night to his Lodging in The Tower.

Geo. Asher and others sent for, for Contempt.

Ordered, That the Gentleman Usher attending this House, or his Deputies, shall forthwith attach, and presently bring the Bodies of, George Asser, John Poole, Richard Bishop, William Tompson, Richard French, and Richard Livinge, before the Lords in Parliament, to answer their Contempt to this House, and such Things as they stand charged with before the Lords in Parliament; and this to be a sufficient Warrant in this Behalf.

"To the Gentleman Usher or his Deputies, and to all Mayors, &c."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco Placit. declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 5m diem instantis Maii, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.