House of Lords Journal Volume 4: 22 December 1640

DIE Martis, videlicet, 22 die Decembris.

Commission to L. Chief Justice Littleton to supply the Speaker's Place.

THE Earl Marshal signified to the House, That, in the Absence of the Lord Keeper, His Majesty hath deputed, by Commission under the Great Seal of England, Sir Edward Littleton, Lord Chief Justice of the Common Pleas, to sit as Speaker in the Lord Keeper's Place; and the Commission, bearing Date the 22d of December 1640, being delivered to the Clerk, it was publicly read by the Clerk, and approved.

Here enter the Commission.

After this, Prayers was read.

Copies of the Scots Charge to be given to the Archbishop of Canterbury and E. Strafford.

Ordered, That the Lord Archbishop of Cant. and the Earl of Strafford shall have Copies delivered to them of the Papers preferred against them by the Scots, if they desire it.

E. of Cleveland to speak with the E. of Strafford.

Earl of Cleveland desired Leave to speak with the Earl of Strafford; which was granted.

The Bishop of Landaph desired Leave to speak with the Archbishop of Cant. which was granted him.

Mrs. Stanhope versus E. of Chesterfield.

It was reported to the House by the Lords Committees for Imprisonments, etc. That, upon the reading of the Petition of Mary Stanhope, Widow, Daughter-in-law to the Right Honourable the Earl of Chesterfield; and (fn. 1) it appearing unto their Lordships, by a Letter produced, wherein the Earl of Chesterfield did promise to assure unto the said Mrs. Stanhope Forty Pounds per Annum, during her Widowhood, upon Consideration that she would seal a General Release of all Demands, which the said Mrs. Stanhope did accordingly, and left it in the Hands of the Counsel of the Earl of Chesterfield; yet she could get no Assurance of her Forty Pounds per Annum settled upon her as aforesaid. Therefore their Lordships thought fit (having heard Counsel on both Sides), That the Earl of Chesterfield was bound, in Honour and Conscience, to assure to the said Mrs. Stanhope Forty Pounds per Annum during her Widowhood; and also to pay forthwith the said Mrs. Stanhope, or to her Assigns, all such Sums of Money as are justly due in Arrear of the said Forty Pounds per Annum, for the Space of Two Years, if any such Monies have been due so long. All which the House did Order accordingly.

Memorandum, That the aforesaid Letter of the Earl of Chesterfield is to be delivered into the Court before the Delivery of the Order; which is since done accordingly.

E. of Southampton Leave to be absent.

Ordered, That the Earl of South'ton shall have Leave to go into the Country for a few Days.

Sir Robert Howard's Damages against some Members of the High Commission Court.

Ordered, That the Lord Archbishop of Cant. Sir Henry Marten, and Sir John Lambe, shall presently pay unto Sir Robert Howard, Knight, the Sum of One Thousand Pounds, according to an Order of this House, dated the 21st of December 1640; or, upon Sight hereof, give unto him the said Sir Robert Howard good and sufficient Security to pay the said Sum of One Thousand Pounds upon New Year's Day next ensuing.

L. Willoughby Leave to be absent.

Lord Willoughby of Earseby had Leave to be absent, for a few Days, in the Country.

L. Trevor to speak with the Archbishop of Canterbury.

The Lord Treasurer had Leave to speak with the Lord Archbishop of Cant.

L. Clifford to speak with the E. of Strafford.

The Lord Clifford had Leave to speak with the Earl of Strafford.

A Message from the House of Commons, by Mr. Waller, to this Effect:

Message from the H. C. with a Charge against some of the Judges.

That he was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to let their Lordships know, that they have received divers Informations, of Crimes of a very high Nature, against Sir Jo. Brampston, Knight, Lord Chief Justice of the King's Bench, Sir Humphry Davenport Lord Chief Baron, Baron Trevor, Baron Weston, Justice Barckley, and Justice Crawly; and that he was commanded to desire their Lordships to consider of some such Course that they might put in good Security, with themselves and others, to abide the Censure of Parliament.

They enter into Recognizances.

The Judges, being all present (except Lord Chief Baron), submitted themselves to the Pleasure of the House.

Thereupon it was Ordered, That the said Judges, for the present, should enter into a Recognizance in open Court, with the Condition as followeth: videlicet,

The Condition of the aforesaid Recognizance is, That, if the abovesaid Sir John Bramston, Knight, Lord Chief Justice of the King's Bench, Baron Trevor, Justice Barckley, Justice Crawley, and Baron Weston, shall appear here in Parliament from Day to Day, and Tomorrow Sevennight, videlicet, the 30th Day of December, 1640, they and every of them shall put in sufficient Security for Ten Thousand Pounds, by themselves and others, to appear before the Lords Spiritual and Temporal in the High Court of Parliament assembled, from Time to Time, and to be present at the Judgement of Parliament against them, if there be any; and, if they cannot procure Security as aforesaid, then to yield their Bodies in this Court upon the aforesaid 30th Day of December.

These Judges to be forthcoming.

It was Ordered, That the Lord Chief Justice of the Common Pleas do give Notice to the Lord Chief Baron Davenport, that he appear here before their Lordships To-morrow Morning; and that he see the aforesaid Judges do appear and shew themselves personally before him, once a Day, upon those Days when this House doth not fit, that they may be forthcoming.

Answer to the Message from the H. C. concerning them.

After this, the Messengers of the House of Commons were called in; and the Lord Chief Justice of the Common Pleas, by Directions from the House, told them, That their Lordships have taken their Desires into Consideration; and so acquainted them what Caution the Judges had given for their Forth-coming particularly.

A Message from the House of Commons, by the Lord Viscount Faulkland, to this Effect:

Message from the H. C. with a Charge of High Treason against the Lord Keeper.

That he, by Command of the Knights, Citizens, and Burgesses of the House of Commons, and in the Name of all the Commons of England, did accuse John Lord Fynch, Lord Keeper of the Great Seal of England, of High Treason, and other Misdemeanours; and desired that he might be sequestered from Parliament, and forthwith committed to safe Custody; and further he was commanded to let their Lordships know, that they will resort to their Lordships with the Particulars in convenient Time.

Whereupon he is sequestered from Parliament.

This Message the House took into Consideration; and their Lordships receiving Intelligence, upon the Absence of the Lord Keeper, that he was not to be found, did Order, The said Lord Keeper should be sequestered from Parliament, and committed to safe Cusstody so soon as he shall be discovered.

The Messengers of the House of Commons were called in, and received from the House this Answer:

Answer to the H. C.

That their Lordships have taken into Consideration their Message; and have received Intimation that the Lord Keeper is not now to be found: But their Lordships will sequester him from Parliament, and commit (fn. 2) him to safe Custody when he can be found; and, when the Particulars come up against him, they will give all Furtherance in the Business.

Witnesses sworn in the E. of Strafford's Cause.

Witnesses sworn in causa Comitis Strafford: videlicet, Comes Berkshire, sworn at the Clerk's Table; Mr. Henry Willmott, Sir William Ogle, Sir William Pennyman, and Sir Patricius Curwin, sworn at the Bar; and afterwards were enjoined Secrecy by the Lord Chief Justice of the Common Pleas, from the House, until Publication of Witnesses, or Leave from the House.

Committee to search for Precedents of the Manner of Proceeding against Peers.

It was Ordered, That these Lords Committees should search for Precedents, and, consider of the Manner of Proceedings in Judgements against the Peers of this Realm: videlicet,

Their Lordships, or any Five of them, to meet when and where they please.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 23^m diem instantis Decembris, hora nona, Dominis sic decernentibus.