House of Lords Journal Volume 4: 17 February 1641

DIE Mercurii, videlicet, 17 die Februarii.

PRAYERS.

Ld. Audley's Petition in Error, to reverse his Father's Attainder.

The Petition of the Lord Awdley, being in the Nature of a Writ of Error, for reversing the Attainder of his Father the late Lord Awdley, was read; and it was Ordered by the House, That the Records of the Attainder of the Lord Awdley be brought into this House, in a Parliamentary Way.

Foreign Nobility.

Memorandum, That Mr. Attorney General is to inquire of the Lord Chief Justice of the Common Pleas for the Papers and Directions which he received from the Lords Committees, concerning Foreign Nobility, and Baronets of Nova Scotia, to debar them of any Place in this Kingdom.

Commissioners added to the Commission of Gloucestershire, concerning the pressing Soldiers, &c. there.

Ordered, That Sir Robert Tracy, Sir Wm. Masters, Sir Baynham Throgmorton, and Tho. Chester, Esquire, be added to the former Commissioners appointed by this House, to examine the Complaints of the whole County of Gloucester, both in the In-County and Out-County, concerning the Abuses about pressing of Soldiers, levying of Coat and Conduct Money, and for taking Money for releasing Men pressed, and sending Warrants for others; and likewise to have Power to receive any other Complaints of that County of this Nature, as shall be brought in; and that they, or any Three or more of them, do certify the Depositions of Witnesses unto this House, according to the Time mentioned in the former Order.

Bagshaw's Petition.

Upon reading the Petition of Edward Bagshawe, and others, against Tho. Bagshaw, his Brother; it was Ordered, That the said Petition be referred to the Committees for Petitions; and the said Tho. Bagshawe to appear before the Lords Committees, to answer the Contents charged in the said Petition.

Earl Strafford brought to the Bar, and Time given him to answer.

This Day the Earl of Strafford, being, by Order of this House, to appear in Person, and put in his Answer in Writing, came to the Bar.

The Lord Keeper asked himself, whether he had accordingly brought his Answer in Writing.

He desired, That he might have Leave to speak by his Counsel; which the House permitted.

Then Mr. Lane, the Prince's Attorney, being of his Counsel, acquainted the House, That the Earl of Strafford's Answer is not now ready; and gave these Reasons following, to induce this House to believe that it is real, and not Excuse:

Reasons for Delay of his Answer.

"1. That the general Accusation of High Treason against the Earl of Strafford consists of Seven Heads, and out of those Generals in the last Impeachment are extracted Eight and Twenty Articles, each Article containing several Charges.

"2. They contain the Actions of the Earl of Strafford's Service, for Thirteen Years past, and intrench upon his several Offices both in England and Ireland; which will draw the Answer into a great Length; he being to recollect himself, to give an Account of all the Particulars.

"3. The Instructions for drawing his Answer must be taken from his own Mouth, and by One Man.

"4. That Yesterday was the First Day that his Counsel read over the Answer, which is yet but in the rough Draught, consisting of Two Hundred Sheets of Paper; that they were reading it over Yesterday from Nine a Clock in the Morning until Eleven a Clock at Night; and are of Opinion that many Alterations must be made therein; and, in Conclusion, desired some longer Time for putting in the Earl of Strafford's Answer."

After this, the Earl of Strafford said, "That his Charge was heavy; and that he hath not neglected any Time in preparing his Answer against this Day; therefore desires some longer Time."

He and his Counsel being withdrawn, the House took what had been said into Consideration; and their Lordships being desirous to proceed upon such Grounds as might stand with the Justice and Honour of this House, and give Satisfaction to the whole Kingdom, the House was put into a Committee during Pleasure, that this Business might be the better debated; and they took into Consideration whether the Counsel shall be heard upon Oath, if they will voluntarily affirm upon Oath what they have averred unto this House without an Oath, whether the Earl of Strafford's Answer be ready now or not.

And the House being resumed; it was Resolved, That the Counsel be called in, and told, that they having averred to the Lords that the Earl of Strafford's Answer is not yet ready, to ask them what Proof they will offer, to give their Lordships Satisfaction therein.

The Counsel being called in, the Lord Keeper told them what the Lords expected from them; which was, to make Proof of what they had informed their Lordships, touching the Earl of Strafford's Answer; and they every one in particular confidently averred, That they had but Yesterday read over the Answer, in a rough Draught; and are of Opinion, That it must not pass without some Alterations, and so cannot be possibly ready to be put in now; besides, it being the Length of Two Hundred Sheets of Paper, they were reading of it over from Nine of the Clock Yesterday Morning until Eleven of the Clock at Night.

This being done, and some of the Lords not receiving full Satisfaction therein; it was put to the Question, whether, upon that which hath been declared at the Bar by the Counsel, it be fit to give further Time to the Earl of Strafford; and it was Resolved, upon the Question, by the major Part, That, upon what hath been declared at the Bar by the Counsel, it is sit to give the Earl of Strafford further Time to put in his Answer.

Time fixed for the Earl of Strafford's putting in his final Answer.

And it was Resolved, upon the Question, by the major Part, and Ordered, That the Earl of Strafford shall put in his final Answer to the Charge of High Treason against him, upon Wednesday next, being the 24th Day of this Instant February, peremptorily, without Expectation of any further Time; at which Time the Earl of Strafford is to attend in Person.

Motion for his Offices to be sequestered.

After this, a Motion was made, That His Majesty may be moved, That all the Earl of Strafford's Places and Offices, both in England and Ireland, may be sequestered until his Trial. Hereupon it was Ordered, That this House have a Conference with the House of Commons To-morrow Morning about it.

He is acquainted with the Order concerning his Answer.

The Earl of Strafford being come to the Bar again, the Lord Keeper told him what Order was made about putting in his Answer on Wednesday next peremptorily; who gave the House humble Thanks, and promised to perform it accordingly.

Motion whether he Bishops should sit, in Causa Sanguinis.

It was moved, That the House To-morrow Morning might consider whether the Lords the Bishops ought to sit in this House, in Agitatione Causæ Sanguinis.

The Petition of a Minister's Widow moved to be received.

It was moved by the Lord Bishop of Lincolne, That a Petition of a poor Minister's Widow, having Four Children, might be received into this House; and committed to the Committee for Petitions; which was Ordered accordingly.

Dutch and French Refugees in the Isle of Axholme and Level of Hatfield Chace versus Cursoll & al. for extorting a Bribe to procure Immunities to their Church.

Upon Report of the Lords Committees for Petitions unto this House, "That James Delon, Jo. Le Houcq, and Gilly Rey, and many poor Refugees of the French and Dutch Church, in the Isle of Axholme and Level of Hatefeild Chace, in the Counties of Yorke and Lincolne (Letters Patents being obtained from His Majesty, by the Participants of the said Level and Isle, for the erecting of one or more Chapels for the Exercise of Religion there), did there enjoy the Exercise of their Religion for a Season, until they were, by the Threats and Menaces of Mr. Stephen Cursoll, their Minister, and by the Abetment of Jo. Farmery, Doctor of Laws, and Chancellor of the Diocese of Lincolne, enforced to bribe him with Two Hundred Pounds in Money, for the procuring of Privileges and Immunities for their said Church, and the consecrating the same, without which they were persuaded their Congregation should be dissolved; and the better to compass this their Design, they promised to free the said Inhabitants from all Assessments for the Poor, Church Duties, and Reparations of Churches, within the several Parishes in which their respective Habitations are pretended to be, whereby they were much burthened; and drew them to the Expence of about Fifty Pounds in the Attendance about the same, and yet procured them neither Privileges nor Immunities, nor consecrated their Church, nor freed them from the said Taxes of other Parishes, but merely deceived the poor Strangers:" And therefore their Lordships thought it fit this Two Hundred Pounds should be returned unto the said Strangers again; and for that it was alledged by Dr. Farmery, that Mr. Bateman hath received One Hundred Pounds of the said Money thus wrung from the said Strangers, towards the repairing of St. Paules Church in Lond. and for that it was confessed by the said Cursoll that he received to his own Use Thirty Pounds, Part of the said Money, and that Dr. Farmery likewise confessed that he had received Seventy Pounds of the said Money; and for that it appeared that the Petitioners James Delon, Jo. Dehoucq, and Gilly Rey, and others, had disbursed the said Money, to receive the same again by an Assessment of Ten Pence per Acre rated on the Residue of the Inhabitants within the Places aforesaid, and many Suits at Lincolne for the recovering thereof, commenced by the Petitioners, (fn. 1) have been dismissed with Costs; upon Consideration of these Abuses, it is thought fit, and Ordered, by the Right Honourable the Lords Spiritual and Temporal in this present Parliament assembled, That the said Stephen Cursoll shall, upon Demand, and Sight hereof, in regard of his own Confession, pay to the said Petitioners, or One of them, the Sum of Thirty Pounds; and that the said Dr. Jo. Farmery, upon Demand, and Sight hereof, shall pay unto the said Petitioners, or One of them, One Hundred and Seventy Pounds, by him unjustly got from them; and that the said Dr. Farmery, if he have really paid One Hundred Pounds out of the said Monies to the said Mr. Bateman, towards the Repair of St. Paules, their Lordships (not holding it fit that Money gotten thus from poor Strangers should be bestowed in so pious a Work) have Ordered, That the said Mr. Bateman shall forthwith receive back his Acquittances, and re-pay the same to the said Dr. Farmery: And it is lastly Ordered by their Lordships, That the said Strangers and Refugees shall be, without Costs, dismissed the Ecclesiastical Court at Lincolne, for Non-payment of the said Assessments; and that the Petitioners be discharged of their Costs recovered in suing for the said Ten Pence per Acre; and that the Ordinary of the Diocese of Lincolne shall grant to the Inhabitants of the said Isle of Axholme, from Time to Time, such Favours, Privileges, and Immunities, for their Church and Congregation, as the King's Majesty's Laws, Civil and Ecclesiastical, do in any Sort allow and permit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 18^m diem Februarii instantis, hora nona, Dominis sic decernentibus.