House of Lords Journal Volume 4: 16 January 1641

DIE Sabbati, videlicet, 16 die Januarii.

PRAYERS.

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

Message from the H. C. concerning the Charge to be drawn out of the Examination against the E. Strafford.

That the Knights, Citizens, and Burgesses assembled for the Commons in Parliament, do desire, That the Examinations taken, at their Request, in the Case of the Earl of Strafford, by the Lords deputed for that Purpose, may be delivered to the Committees of the House of Commons, not that they intend Publication to the House, but to draw out of them the special Matters of the Charge; and further declared, That, according to the Clause of Reservation in the Conclusion of their Charge, they will add to the Charge, not to the Matter in respect of Comprehension of Extent or Kind, but only to reduce them to more Particularities, that the Earl of Strafford might answer with the more Clearness and Expedition; not that they are bound by this Way of special Charge (and therefore, as they have taken Care in their House, upon Protestation, that this shall be no Prejudice to bind them from proceeding upon Generals in other Cases, and that they are not to be ruled by Proceedings in other Courts, which Protestation they have made for Preservation of Power of Parliaments), so they desire that the like Care may be had in your Lordships House. Further he declared, That, in the Examinations, they have not enquired after new Matter, but for Certainty of such Things as they were informed of before.

The Answer returned to this Message was:

Answer.

That their Lordships will take their Message into Consideration, and send an Answer by Messengers of their own, in convenient Time.

Next was read a Letter of the Earl of Strafford's, in hæc verba:

E. Strafford's Petition.

To the Right Honourable the Lords Spiritual and Temporal in the High Court of Parliament assembled.

The humble Petition of Tho. Earl of Strafford, His Majesty's Lieutenant General of Ireland.

Most humbly shewing,

That your Petitioner doth understand it hath been moved, in the Commons House of Parliament, That a Message might be sent unto your Lordships, to desire that the Depositions taken in your Petitioner's Case may be delivered unto the Committee appointed to draw up the Charge against him.

Forasmuch as your Petitioner humbly conceiveth that he can shew good Cause why the said Depositions should not be so delivered up;

His humble Suit is, That your Lordships will be pleased to vouchsafe him your Honourable Favours, that he may be heard, by his Counsel, before the said Depositions be delivered to the said Committee; and himself also to be then present, if he be able; and that your Lordships will be pleased to appoint a Day when himself and his Counsel may attend therein.

"And he shall with unto your Noble Lordships all Increase of Honour and Happiness."

Rejected.

To which their Lordships gave no Answer; but Rejected it.

E. of Strafford's preparatory Examinations to be delivered to the Commons.

Ordered, That the preparatory Examinations taken by the deputed Lords, in the Case of the Earl of Strafford, shall be delivered by the said deputed Lords to the Committees of the House of Commons, as is desired.

The House further thought fit, That the said Lords deputed might take further Examinations in the said Case of the Earl of Strafford, until the Particularities were brought in by the House of Commons.

Message to that Purpose.

A Message was sent, by Mr. Attorney General and Mr. Serjeant Glanvile, to the House of Commons, To let them know, That the Examinations in the Earl of Strafford's Case shall be delivered to the Lords deputed, to be delivered to their Committees, as is desired.

Report of the Conference deferred.

Ordered, That the Lords are to report the Conference upon Monday next; and the Attorney General to argue the King's Claim to the Baronies of Hastings and Ruthin on Tuesday next.

King's Claim to the Baronies of Hastings and Ruthin. Anabaptists recommended to the Justice of this House by His Majesty.

The Lord Privy Seal, by Command from His Majesty, presented to the House a Paper, which was lately delivered to His Majesty, which He commended to the Justice and Care of the House to consider of. The Contents of the Paper was read, in hæc verba:

Decimo tertio Die Januarii, 1640.

Their Tenets.

1. They being brought before Sir John Lenthall, he demanded why they would not go and resort to their Parish Church, according to the Law of 35° Eliz. They answered, That the Law of 35° Eliz. was not a true Law, for that it was made by the Bishops; and that they would not obey it.

2. That they would not go to their Parish Churches: That those Churches were not true Churches; and that there was no true Church but where the Faithful met.

3. That the King could not make a perfect Law, for that He was not a perfect Man.

4. That they ought not to obey Him but in Civil Things.

5. That some of them threatened the Churchwardens and Constables, that they had not yet answered for this Day's Work.

Order to keep them in safe Custody.

Hereupon it was Ordered, That Sir Jo. Lenthall do take Care that the aforesaid Persons shall be forthcoming, and appear before this House on Monday Morning next; and likewise that he cause the Constable, the Churchwardens, and whosoever else can testify any Thing in the Business, to attend the same Time here.

Order about Common Prayer and Service in the Church.

Upon this Occasion the House thought fit, and Ordered, That this Order following should be read publicly in all the Parish Churches of London and Westm. the Borough of Southwarke, and the Liberties (fn. 1) and Suburbs of them:

"That the Divine Service be performed as it is appointed by the Acts of Parliament of this Realm; and that all such as shall disturb that wholesome Order shall be severely punished, according to Law; and that the Parsons, Vicars, and Curates, in several Parishes, shall forbear to introduce any Rites or Ceremonies that may give Offence, otherwise than those which are established by the Laws of the Land."

Mr. Attorney General and Mr. Serjeant Glanvile returned this Answer: That they have delivered the Message to the House of Commons.

Wood and Coal in Midd. Surrey and Kent.

After this, the Justices of Peace for Midd. Surrey, and Kent, brought in their several Certificates concerning Wood and Coal.

E. of Newport versus. Faucet.

It was signified to the House, That the Earl of Newport made it his Lordship's Request, That Mr. Faucet might be released of his Imprisonment, and his Submission at York remitted; which the House did order accordingly; and thought it fit that the Earl of Newport should dispose of the Five Hundred Pounds given him for Damages, how his Lordship please himself.

Visitants of the E. of Strafford.

O Rourk not to go out without a Guard.

The Lieutenant of The Tower brought in his Note of Names of such as had visited the Earl of Strafford since Saturday; and it being read openly, the Lieutenant did let their Lordships know, That he had received an Order from this House, That he should be responsible for the safe Custody of Mr. O Rourke when he goes abroad. He desired that might (fn. 2) be remitted him, and that Mr. O Rourke might procure his own Friends to be bound for him; which their Lordships taking into Consideration, did Order, That the said Mr. O Rourke do continue in The Tower a Prisoner, until he put in sufficient Security of One Thousand Pounds, such as this House shall approve of, for his safe Custody and Forth-coming when he hath Liberty to go abroad, to instruct his Counsel, or appear before the Lords Committees concerning his Business; and at such Times also not to be permitted to go abroad without Two Warders to attend him. In the mean Time his Counsel and Friends are to have Access unto him.

A Bishop, speaking injuriously of a Temporal Lord, confesses his Fault, and is reconciled.

Memorandum, That one of the Lords the Bishops, in his Speech, uttered some Words which were injurious to the Honour of a Peer of this House; whereupon the House commanded him to name that Lord which he meant: But he refusing to do (fn. 2) it, was commanded to withdraw; which he not obeying, their Lordships took it as a great Contempt to the whole House; at last he, naming the Lord, withdrew himself; and the House, taking his Offence into Consideration, did Order, That the said Bishop should make his Submission to the House in general, and to the Lord in particular, and confess that he is heartily sorry for his Contempt to the House, and Scandal to the particular Lord, and desire Pardon from them both; which the Bishop, coming to his Place, did confess accordingly to both. Hereupon the said Lord, giving their Lordships Thanks for repairing his Honour herein, pardoned the Bishop, and begged the same from the House in Behalf of the said Bishop, which the House at his Request granted.

Witnesses in Gittaway and Norris's Cause.

Witnesses sworn in Gittawaye's Cause, depending before the Lords Committees against Sir Francis Norris:

William Harris. William Watts. Clement Rogers.

Henry Thorpe. Marg. Gibbot. Nic. Edwards.

These Witnesses delivered in their Depositions in this Cause in Writing, vouching them to be true upon this Oath, which they have taken.

John Brownall was sworn in the Cause between and Justice Barckley.

Thanks given to His Majesty for the Judges Patents.

Earl Marshal and the Lord Chamberlain were appointed by the House to render His Majesty humble Thanks from this House, for His Gracious Answer, in condescending that the Judges shall hold their Places quamdiu se bene gesserint.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 18^m diem instantis Januarii, hora nona, Dominis sic decernentibus.