House of Lords Journal Volume 4: 30 November 1640

DIE Lunæ, videlicet, 30 die Novembris.

PRAYERS.

Darley's Petition who was committed by the Earl of Strafford at York.

This Day the Petition of Henry Darley, Esquire, was reported to the House, for being close imprisoned in the Castle at Yorke, by Warrant from the Earl of Strafford, Lord Lieutenant General of Ireland, and Lieutenant General of His Majesty's Army in the North, no Cause being shewn forth in the said Warrant for his Commitment.

To be released.

Warrant for his Commitment to be shewn the E. of Strafford.

Therefore the Lords Committees thought it fit he should be released of his Imprisonment; and, upon the reading of his Petition, and the Warrant for his Commitment, publicly in the House, it was Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That the said Henry Darley shall forthwith, upon his Petition, be released from his Imprisonment; and the Petition and Warrant to be shewed by James Maxwell, Esquire, Gentleman Usher to this Honourable House, to the Earl of Strafford; and he, in the Name of this Honourable House, to know whether the Earl of Strafford will avow the said Warrant to be subscribed with his Hand-writing, and to return an Answer to this Honourable House in Writing speedily.

Riot in the Church at Halsted.

The Lord Keeper signified to the House, That His Majesty had commanded him to let their Lordships know, That He was Yesterday at Council Table informed of the great Disorder and Riot lately committed in the Church and Parish of Halsted, in the County of Essex, on Simon and Jude's Day last, by one Jonathan Poole, an Excommunicated Person, who, in Time of Divine Service, took the Clerk by the Throat, and forced him to go into the Vestry, and deliver to him the Surplice and Hood; which he and others with him rent in Pieces; and likewise one Robert Haward struck the Service Book out of the Curate's Hand, and himself and others kicked it about, saying it was a Popish Book; so upon the Complaint of Mr. Etheridge, the Minister, a Warrant was directed to the Constable of that Town, and the said Poole and divers others were attached, but were immediately rescued by a Multitude of People, as may appear more at large by a Letter read this Day, dated the 26th of November 1640, subscribed by Benjamin Ayloff, Knight, and Thomas Wyseman, Knight, directed to the Right Honourable the Earl of Warwick and the Lord Maynard, Lord Lieutenants for the County of

Poole and Howard sent for to answer this Complaint

Essex; the Examination and Procceedings whereof His Majesty doth recommend to the Justice and Wisdom of this Honourable House, for the preventing the like Disorders hereafter. Whereupon it was Ordered, That the said Jonathan Poole and Robert Haward be speedily sent for, to appear before this Honourable Court as Delinquents; and that Mr. Etheridge to have Notice secretly to appear here, and to bring up such Witnesses with him as can make this Complaint good.

Message from the H C touching the Conference about Examination of Witnesses, and some of their Members being present, in the E of Strafford s Cause

A Message from the House of Commons, delivered by Sir Thomas Roe, to this Effect, videlicet,

That he was commanded by the Knights, Citizens, and Burgesses in the Commons House assembled, to let their Lordships know, that the Commons having received a Message from their Lordships, concerning a Conference, with a select Committee, about Examination of Witnesses in the Earl of Strafford's Cause, and likewise a free Conference touching some Members of the House of Commons to be present at the Examination of Witnesses;

That the House of Commons are ready to give their Lordships a Meeting, with a Committee, at such Time as their Lordships shall please to name.

Answer.

(fn. 1) The Lord Keeper, by Direction of the House, returned this Answer

That the Lords will give a Meeting presently, in the Painted Chamber.

(fn. 1) The Lord Keeper was appointed by the House to report the Conference.

The Lords went to the Conference; whereupon the House was adjourned, during Pleasure.

Conference reported.

The Conference ended, the House was resumed; and the Lord Keeper reported the Effect of the free Conference, shortly, to this Effect:

That the House of Commons do desire to examine Witnesses viva voce, and some Members of their House to be present, to urge such preparatory Examinations as they shall (fn. 2) see good; for the Consideration whereof the House was adjourned into a Committee, during Pleasure, and being resumed, the House thought it fit to refer the further Debate until Tomorrow Morning.

Lobby to be kept clear.

Ordered, That the Lobby be kept free from Company, and private, for their Lordships to retire into when they please.

The Gentleman Usher was sent to speak with some Members of the House of Commons, to let them know the Lords cannot give them an Answer now.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 1^m diem Decembris, hora nona, Dominis sic decernentibus.