House of Lords Journal Volume 4: 29 December 1640

DIE Martis, videlicet, 29 die Decembris.

PRAYERS.

L. Privy Seal excused.

Lord Privy Seal excused for being absent.

L. Goring and L. Visc. Conway to speak with the E. of Strafford and Abp. of Cant.

Lord Goringe had Leave to see the Earl of Strafford.

Lord Viscount Conway had Leave to speak with the Archbishop of Cant. and the Earl of Strafford.

Lords Leave to be absent.

Lord Strange had Leave to continue his Absence for a few Days; and the Earl of Clare had Leave to be absent for a few Days.

L. Cottington versus L. Audley.

Ordered, That the Lord Cottington may have Liberty to examine upon Oath Sir Henry Mervin, Knight, William Wroughton, Esquire, Walter Tyle, Gentleman, in the Cause between him and the Lord Awdley, as Witnesses; and to be sworn here in Court.

L. Arundel excused.

Lord Arundle of Warder excused for a few Days.

E. of Dorset to speak with the Abp. of Cant.

Earl of Dorsett had Leave to speak with the Archbishop of Cant. about some Businesses.

Baron Weston's Appearance excused.

It was signified to the House, That Mr. Baron Weston humbly desired their Lordships to dispense with his not appearing this Day in Parliament; and that this may be without Breach of his Recognizance of Ten Thousand Pounds lately entered into; having been last Night taken with a great Indisposition of Body, as not being able to go or stand; which humble Request their Lordships were pleased to grant accordingly.

Hyde versus Lloyd in Error.

Upon the Petitions of Jo. Higdon (in the Name of Thomas Lloyd, Defendant, his Lessee), and Ann Hide, Widow, Plaintiff, in a Writ of Error in Parliament between them; it was this Day Ordered by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That she the said Anne Hyde shall assign Errors in the said Cause on Wednesday next, the Thirteenth Day of January 1640.

Mr. Longuevile versus E. of Kent, touching the Baronies of Hastings and Ruthin.

This Day was heard at Bar the Counsel of the Right Honourable the Earl of Kent, in the Cause between him and Charles Longevile, Esquire, touching the Claim to the Title of Lord Hastings and Ruthin, etc. And after Serjeant Rowles had made a long Argument in the Behalf of the Earl of Kent's Title, the Counsel of Mr. Longevile desired Time until the next Morning to answer; which was Ordered by the House accordingly.

Witness sworn in E Strafford's Cause.

The Earl of Bristoll was sworn as a Witness, to be examined in the Cause of the Earl of Strafford, and afterwards received Directions for Secrecy, until Publication of Witnesses, or Leave from the House.

After this his Lordship did desire their Lordships to take it into their Considerations, whether any Lord that hath been examined as a Witness, ought to be a Judge in the same Cause.

No Lord who is a material Witness to fit as a Judge ill the same Cause.

For the freer Debate hereof, the House was turned into a Committee; and, after serious Consideration herein, the House was resumed; and it was resolved by their Lordships, That if any Lord of this Honourable House, examined as a Witness in the Case of the Earl of Strafford, and if it appear, at the Time of the Judgement, that he is a material Witness, and thereupon shall have any Scruple or Doubt arise in his Conscience, that therefore he ought not to fit as a Judge in the same Cause, that then, upon his humble Motion to this House, he be excused therein.

Bp. of Bath and Wells bailed in Court.

The Lord Chief Justice of the Common Pleas signified to the House, That, according to their Lordships Order of the 24th Instant December, the Lord Bishop of Bath and Wells hath acknowledged before him a Statute of Ten Thousand Pounds, to appear here this Day, and put in sufficient Bail of Ten Thousand Pounds with himself, to be present and abide the Judgement of Parliament; the said Lord Bishop of Bath and Wells propounded the Bishop of Gloucester, the Bishop of Oxon, and the Bishop of Rochester, for his Bail; which the House approved of. Hereupon it was Agreed, That the Bishop of Bath and Welles, the Bishop of Glouester, and the Bishop of Oxon, should presently, in open Court, acknowledge a Recognizance of Ten Thousand Pounds; and the Bishop of Rochester, being at this present absent, should appear here To-morrow, and enter into a Recognizance.

His Sureties.

Gulielmus Episcopus Bathon. et Welles, Godfridus Episcopus Gloucester, Johannes Episcopus Oxon. et Johannes Episcopus Roffensis, recognoverunt scipsos debere Domino Regi Decem Mille libras, levandas ex Terris, Tencmentis, Bonis, et Catallis suis, et cujuslibct eorum, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That if William Peire, Lord Bishop of Bathon and Welles, shall appear Personally here, before the Lords Spiritual and Temporal in the High Court of Parliament assembled, and to be present at the Judgement of Parliament against him, if any shall be, that then this Recognizance to be void; else to remain in Force.

Ordered, That the Statute of Ten Thousand Pounds, dated 24th of this Instant December, entered into by the Lord Bishop of Bath and Welles before the Lord Chief Justice of the Common Pleas, to appear here this Day, and put in Bail, be forthwith delivered up into the Hands of the said Lord Bishop of Bath and Wells, to be canceled, and likewise made vacated in the Office upon the Record.

Ld. Mountague Leave to be absent.

Lord Viscount Mountegue hath Leave to be absent for Two or Three Days.

E. Newport's Petition, versus Faucett.

The Petition of the Right Honourable Monjoye Earl of Newport was read, to this Effect: That one James Faucet hath sundry Times, of late, given out most insolent and abusive Speeches against him, tending much to his Dishonour; the Particulars whereof (annexed to the Petition) are witnessed by Persons of Quality and Worth; that, this being the most proper Place to afford him Reparation, being a Peer of this Realm, and a Member of this Honourable House, it was Ordered by the House, That the said James Faucett be sent for by the Serjeant attending this House, to appear before their Lordships, to answer such Misdemeanors as he is charged with by the Earl of Newport.

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

Message from the H. C. to impeach Sir George Ratcliffe.

That he did, in the Names of the Knights, Citizens, and Burgesses of the House of Commons, and in the Names of all the Commons of England, accuse Sir George Ratcliffe, Knight, of Treason; and that they did intend to send up the particular Articles in convenient Time.

Their Lordships taking this Message into Consideration, and perceiving that the House of Commons did not desire in their Message that Sir George Ratcliffe should be committed to safe Custody; therefore their Lordships sent a Message to the House of Commons, by the Master of the Rolls and Mr. Justice Reeves, to this Efect:

Message to the H. C. to know if they expected he should be committed.

To know whether, upon the Accusation of Sir George Ratcliffe for Treason, they do expect their Lordships should presently make safe his Person.

Answer returned was:

Answer.

That the House of Commons will send an Answer, by Messengers of their own presently.

Which accordingly was done, to this Effect, by Mr. Pimm:

Message from thence concerning the same.

That he was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to let their Lordships know, that, in the Message concerning Sir George Ratcliffe, they did forbear to desire his Commitment, because they had restrained him already, and did intend shortly to present him and the Articles against him together; but now do leave it wholly to their Lordships Consideration what Course they shall think fit for his further safe Custody; and likewise he was commanded to desire their Lordships that there may be some such Course taken for the speedy and secret Examination of Witnesses herein, as hath been done in the Case of the Earl of Strafford.

The Answer to the said Message was to this Effect:

Answer.

That their Lordships have taken their Desires into Consideration, and will send for Sir George Ratcliffe, and take Order therein for his safe Custody; and will also provide that a speedy and secret Course be taken for Examinations herein, as hath been done in the Case of the Earl of Strafford.

Sir George Ratcliffe to be committed.

After this Sir George Ratcliffe was sent for from The Gatehouse, and brought as a Delinquent to the Bar; and it was Ordered by the House, That he shall be committed to The Gatehouse upon this Accusation of Treason by the House of Commons, and there to remain in sure and safe Custody, until further Order and Directions from this House.

Then the Keeper of The Gatehouse was called in, and demanded what Restraint Sir George Ratcliffe was under, and by what Warrant; who produced a Warrant from the House of Commons for his sure and safe Custody, which was openly read.

At the Bar.

After this Sir George Ratcliffe was called into the Bar (their Lordships giving him Leave to speak if he should desire it). The Lord Chief Justice of the Common Pleas told him, That the Commons had accused him of Treason; and acquainted him that he should be committed for that Cause to sure and safe Custody in The Gatehouse, from whence he came.

Hereupon he withdrew, not speaking any Thing.

Lords deputed to examine Witnesses against him.

Ordered, by the House, That the same Lords as were deputed for the Examination of the Witnesses in the Earl of Strafford's Case, are now deputed to the taking of the Examinations in Sir George Ratcliffe's Cause.

Bp. of Durham Leave to speak with the Archbishop of Canterbury.

Bishop of Durham (fn. 1) asked Leave to speak with the Archbishop of Cant. which was granted.

Adjourn.

Dominus Capitalis Justicarius Communis Banci, Locum tenens Domini Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 30^m diem instantis Decembris, hora nona, Dominis sic decernentibus.