House of Lords Journal Volume 3: 11 June 1628

DIE Mercurii, videlicet, 11 Junii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Doctor Manwaring at the Bar.

ROGER Manwaringe, Doctor in Divinity, being this Day brought to the Bar, the Declaration of the Commons against him was read.

Charged by the King's Counsel for several Passages in sundry Sermons preached by him.

And then Mr. Serjeant Crewe and Mr. Attorney General did charge him with the Offences contained in the said Declaration, and opened the Proofs of the said Offences out of the several Places of his Two Sermons, which he preached before the King's Majesty in July last. And they the said Mr. Serjeant Crewe and Mr. Attorney General did further charge the said Roger Manwaringe for preaching a Third Sermon, 4 Maii last, sitting the Parliament, in his own Parish Church of St. Gyles in the Fields, wherein he delivered Three Articles to this Effect: videlicet,

Tenets advanced by him.

"1. That, in Matters of Supplies, in Cases of Necessity, the King had Right to order all as seemed good to Him, without Consent of His People.

"2. That the King might require Loans of His People, and avenge it on such as should deny.

"3. That the Subject hath Property of his Goods in Ordinary; but, in Extraordinaries, the Property was in the King."

He disputes the Right of the King- Liberty of the Subject- and Right of Parliament.

And they charged the said Manwaringe with great Presumption, to dispute the Right of the King, and the Liberty of the Subject, and the Right of Parliaments, in his ordinary Sermons.

The Charge ended; the Lord Keeper demanded of Doctor Manwaringe, whether he did acknowledge the Three Tenets to be preached by him in his Sermon 4 Maii; which he absolutely denied. Whereupon the Clerk read the Examinations of Hamond Claxton, Esquire, and Sir Daniell Norton, Knight, and affirmed some Parts thereof upon their Oaths.

His Defence

Then Doctor Manwaringe, being admitted to speak for himself, protested before GOD, upon his Salvation, "That he never had any Meaning to persuade the King to alter the Fundamental Laws of the Kingdom. His only Ends were to do His Majesty Service, and to persuade a Supply in Cases of extreme Necessity; desired Favour and Justice to explain himself; and, because his Book consists of many Conclusions, he desired that the Spiritual Lords might be Judges of the Inferences and Logical Deductions therein."

He further humbly besought their Lordships, "To allow him Counsel to speak for him in Point of Law, Time to answer the Particulars, a Copy of the Charge in Writing, and Recourse to his Books at Home, upon Caution to attend again when their Lordships shall appoint."

His Request to refer Part of his Charge to the Bishops, denied.

The Prisoner being withdrawn, and, after some Debate of his Requests, brought to the Bar again, the Lord Keeper (by Direction of the House) blamed him for that he divided his Judges, by requiring a Part of the Charge against him to be referred to the Lords Bishops; whereas all belongs to all the Lords jointly.

His other Requests granted.

Then his Lordship told him, that the House had considered of his other Requests, and granted him these: videlicet,

"1. To have a Copy of his Charge.

"2. To have Time till Friday Morning to make his Answer.

"3. To have Leave to go to his own House, and to abide there with a Keeper."

And his Lordship further told him, "That if, upon recollecting himself, he shall desire Access to their Lordships To-morrow Morning, it shall be granted him."

E. of Huntingdon versus Sir Henry Sherley.

The Order of Sir Henry Sherley's Submission, etc. and for the Publication thereof at the next Assizes at the Borough of Leicester: videlicet,

Order for his Submission.

"The Lords, having examined the Carriage of Sir Henry Sherley towards the Earl of Huntingdon, Lord Lieutenant of the County of Leicestre, and heard what could be said on both Sides, do Order, That the said Sir Henry Sherley shall stand committed, during Pleasure; and that he shall, here at the Bar, acknowledge his Sorrow for the great Offences he hath committed, in laying Aspersions and Scandals upon the Honour of so Noble a Person and Peer of this Realm as the said Earl of Huntingdon is, and ask Pardon of all the Lords in general for it, and of the Earl of Huntingdon in particular, and promise that, by his future Carriage, he will endeavour to make Amends to the Lords in general, and to the said Earl in particular, for his former Offences.

Order for the publishing thereof.

"The Lords in the High Court of the Upper House of Parliament assembled, having examined the Misbehaviour of Sir Henry Sherley towards the Earl of Huntingdon, Lord Lieutenant of the County of Leicestre, by endeavouring unjustly to lay Aspersions and Scandals upon the Honour of the said Earl, have punished the said Sir Henry for those his said Offences, and caused him, in full House, to make such humble and full Satisfaction, both to the House and to the said Earl, as his great Offence deserved; and because divers Things, tending to the Dishonour of the said Earl, were spoken by the said Sir Henry Sherley in the Hearing of many; their Lordships have thought it agreeable to their Justice, and Care of so Noble and well-deserving a Member of this House as the said Earl is, that thus much may be published by the Judges at the next Assizes at the Borough of Leicester, that all Men may know how clear from the least Blemish the Honour of the said Earl doth stand."

His Acknowledgement and Submission.

Sir Henry Sherley, Prisoner in The Fleet, for scandalizing the Earl of Huntingdon (by Order 7 Junii), was this Day brought to the Bar, where he made the Acknowledgement and Submission abovesaid, which the Lords accepted of; and then he was withdrawn.

The Earl of Huntingdon gave the Lords Thanks for their Noble Care to clear his Honour; and promised not to trouble the said Sir Henry Sherley by any other Suit for the said Scandals; and desired the Lords that Sir Henry might be enlarged. All which was signified unto the said Sir Henry, being at the Bar again, and that they were Ordered by the House; and that the Publication of his Submission (ut supra) at the next Assizes is left unto the said Earl of Huntingdon.

Order for his Discharge.

Whereas Sir Henry Sherley, Baronet, was, on the Seventh of this June, committed to The Fleet, for scandalizing of the Earl of Huntingdon; and whereas he hath this Day acknowledged his Offence, and craved Pardon for the same of all the Lords in general, and of the said Earl in particular, the which Acknowledgement is to be published at the next Assizes at the Borough at Leicestre (as by the Order 10 Junii appeareth); it is this Day Ordered, The Publication thereof to be left unto the said Earl, and he to stay the same if he please. It is also this Day Ordered, with the Assent of the said Earl of Huntingdon, the said Sir Henry Sherley to be no further troubled or molested by any other Suit, to be commenced by the said Earl, for any Scandals or other Words now passed. And, by the Mediation of the said Earl of Huntingdon, he the said Sir Henry Sherley is discharged of his Imprisonment, paying his Fees.

Reynde not yet found.

The Duke of Buckingham excused himself for not bringing of Reynde to his Answer, according to his Promise, for that he shifts his Loding every Night; but promised again to do his best to bring him To-morrow Morning.

To be censured Tomorrow notwithstanding.

Ordered, if Reynde do not appear here To-morrow Morning, then to proceed against him in the Censure.

E. of Lincoln's Privilege.

Sir Henry Fynes and Smith to stay their Suit during Privilege.

Whereas Complaint was made to this House, upon the Six and Twentieth of May last, That Sir Henry Fynes, Knight, had, on the Seven and Twentieth of April last, entered into a Ground of the Earl of Lincoln's, called The Quins, in Westlaughton, in the County of ........, and sealed a Lease thereof unto Francis Smith; and that the said Smith had arrested Robert Blacke, Shepherd to John Wincupp (the Earl's Tenant), for entering thereon; whereupon it was this Day Ordered, The said Sir Henry Fynes and Francis Smith to be sent for, to answer their Contempt of the Privilege of Parliament; it is this Day Ordered, the said Sir Henry Fynes and Francis Smith to stay their and every of their Suit and Suits, during the Privilege of Parliament, concerning the said Lands. And they the said Sir Henry Fynes and Francis Smith to be discharged, paying their Fees.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Jovis, 12^m diem instantis Junii, hora nona, Dominis sic decernentibus.