House of Lords Journal Volume 4: 21 December 1640

DIE Lunæ, videlicet, 21 die Decembris.

PRAYERS.

Cath. Hadley discharged out of Bridewell.

It was reported to the House, by the Lords Committees for examining of False Imprisonments, etc. That one Katherine Hadley hath been committed to Bridewell, no Cause being shewn for her Commitment. Their Lordships have thought it fit she be released from her Imprisonment. Therefore it was Ordered by this House, That the said Katherine Hadley shall be forthwith discharged from her Imprisonment.

Sir Robert Howard released from his Imprisonment, and Damages granted him against the High Commission Court.

It was likewise reported from the said Lords Committees, That Sir Robert Howard, Knight of the Bath, had been committed close Prisoner to The Fleet, by the High Commission Court, upon credible Information, where he continued for Three Months, locked up in his Chamber, deprived of Pen and Ink, and Paper; and, before he could have his Enlargement; was enforced to give several Bonds, with Sureties; for the Sum of Three Thousand Five Hundred Pounds, to appear at a Day certain, and not to come into the Company of the Lady Viscountess Purbeck; which foresaid Bonds, in the Opinion of some Learned in that Law, (fn. 1) were adjudged to be void in Law from the Beginning. The said Sir Robert Howard humbly desiring in his Petition to be repaired for his said unjust Imprisonment, and great Expence of Money therein; and that his Bonds so illegally required of him might be canceled and delivered up to him; the Lords Committees having taken the Matter into their serious Considerations, and by summoning before them all the Parties interested in the Business, and hearing them at large, by their Counsel, or in Person themselves, their Lordships thought fit to deliver their Opinions to the House, That the said close Imprisonment is unlawful; that Sir Robert Howard hath been wronged by this Imprisonment, being not within Cognizance of that Court; and that Sir Robert Howard ought to have Damages; and that the said Bonds are fit to be canceled and delivered up: All which was referred to the further Consideration of the House.

For debating of this Business, the House was adjourned into a Committee, during Pleasure; and, after a serious Consideration thereof, the House was resumed; and the Question being put, Whether all the Commissioners that were present at the Commitment of Sir Robert Howard shall be liable to give Damages; it was Resolved, by the Major Part of their Lordships, and Ordered, That the said Sir Robert Howard shall forthwith receive and be paid the full Sum of One Thousand Pounds, by way of Damages: videlicet, Five Hundred Pounds from the Lord Archbishop of Cant. Two Hundred and Fifty Pounds from Sir Henry Marten, Knight, and Two Hundred and Fifty Pounds from Sir John Lambe; and that the several Bonds of Three Thousand Five Hundred Pounds shall be likewise forthwith canceled and delivered up unto him the said Sir Robert Howard.

Dr. Sibthorpe sent for.

It was reported from the said Lords Committees, That Dr. Sibthorpe, upon some Complaints presented unto their Lordships against him, their Lordships do think him worthy to be sent for as a Delinquent; it was thereupon Ordered by the House, That he should be sent for, by the Serjeant at Arms of the House, to appear before the said Lords Committees, upon the 18th Day of January 1640.

L. Cottington and C. J. of the C. P. to speak with the E. of Strafford.

The Lord Cottington acquainted the House, That His Majesty hath commanded him and the Lord Chief Justice of the Common Pleas to go speak with the Earl of Strafford at The Tower, about Business concerning Affairs in Ireland.

E. of Newcastle to speak with the Archbishop of Canterbury.

It was moved, That the Earl of Newcastle desired Leave to go speak with the Lord Archbishop of Cant. which was granted.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 22^m diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.