House of Lords Journal Volume 4: 23 February 1641

DIE Martis, videlicet, 23 Februarii.

PRAYERS.

Fretswell's Petition.

Ordered, That Mr. Fretswell's Petition is referred to the Committee appointed for Sir Peirce Crosebie's Cause.

Ld. Powis's Petition.

Ordered, That the Petition of the Lord Powis be received into the House.

Sir Peirce Crosby's Petition.

The Petition of Sir Peirce Crosebie was read, and referred to the former Committees appointed for his Business.

E. of Nottingham's Privilege. Weld's Arrest.

Pen committed.

Next, Forrest, Pen, Underwood, and Davenport, were brought to the Bar, as Delinquents, for arresting Jer. Weld, menial Servant to the Earl of Nottingham, and having a Protection from his Lordship; and it appeared, by the Testimony of Underwood the Attorney, that Pen the Solicitor came to Underwood, and demanded of him the Execution which was against Weld, at the Suit of Forrest, who was then out of Town, and knew not of the Protection; which the said Underwood denied to give unto the said Pen, telling him that he heard that Weld was privileged by a Lord's Protection; but the said Pen told him, if he would take out the Execution, he would bear him out in it; and, after much Importunity, the said Underwood did deliver to Pen the Execution, but meddled no further in the Business; the Execution being delivered to (fn. 1) Davenport the Serjeant, Weld was arrested. Hereupon the House, conceiving Pen only to be guilty of the Breach of Privilege in this Business, Ordered he should be committed forthwith to The Fleet, and the rest to be discharged.

Leave to Serjeant Whitfield to go the Circuit.

Ordered, That Mr. Serjeant Whitfeild have Liberty to go the Kentish Circuit, and afterwards to attend this House again.

Debate about the Papists at Court.

After this, the House proceeded to debate the Third Part of the Conference with the House of Commons, touching the removing of the English Papists from the King's Court; and the House did resolve to join with the House of Commons in humble Desire to His Majesty in the Matter of the whole Conference.

Message to the H. C. for a Conference on the above.

To this Purpose a Message was sent to the House of Commons, by Baron Hendon and Justice Foster:

To desire a Free Conference, touching the Three Particulars of their Message; and this to be presently, in the Painted (fn. 2) Chamber, if it may stand with their Conveniency.

The Lord Keeper was appointed to deliver the Conference; and the Earl of Hartford, Earl of Dorsett, Earl of Bristoll and Earl of Holland, to deliver the Effect of what they spake here Yesterday in Debate of this Business, by way of Narration.

Rhodes versus Reeves.

It was reported by the Lords Committees for Imprisonments, etc. "That, upon the Petition of Benjamin Rhodes, of Ampthill, in the County of Bedford, against Hugh Reeve, Clerk there, their Lordships found the said Hugh Reeve guilty of divers Articles preferred against him, as maintaining that the Bread and Wine delivered in the Sacrament after Consecration is turned into the very Body and Blood of Christ, by way of Transubstantiation. He further said, that Preaching is not the Service of God, and hath vilified the Sabbath-day; and holds that no Man can be assured of his Salvation in this Life; yea, St. Paul himself was not assured thereof. That the said Reeve hath been confessed by a Popish Priest, and reconciled to the Church of Rome, and hath persuaded others thereunto; and likewise, he being a Bishop's Surrogate, kept a Court without a Register, whereby he hath been and still is very troublesome amongst his Neighbours, with Suits in the Ecclesiastical Courts, without any just Cause.

"That, for these and other great Misdemeanours expressed in the said Articles, the said Hugh Reeves hath been often admonished for to redress, and hath often been reproved by Learned Men; but he hath still persisted therein, to the great Molestation and Trouble of all his Parishioners. Most of these Articles the said Reeve confesses himself guilty of, and hath offered to make such Recantation as shall be drawn up by the Lord Bishop of Durham and Bishop of Sarum; and, because it is conceived the said Reeves hath not done these Things out of Malice, which if they were would deserve a far greater Censure, but out of Ignorance, the Lords Committees are of Opinion and think it fit, That, for these Things, he is deprived of all his Ecclesiastical Livings; and the Lord Keeper to present an honest Man in his Place; and that the House wherein the said Reeve dwelled shall not be separated from the Church of Ampthill: That he make his Recantation, as is drawn up by the Lord Bishop of Durham and Lord Bishop of Sarum; and that he never be a Bishop's Surrogate more, nor any other Ecclesiastical Officer."

All which this House did confirm, and Ordered the same accordingly.

The Answer of the House of Commons to the Message was:

Answer from the H. C. to a Message.

That they will give a Meeting presently, as is desired.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

E. of Strafford's being allowed Counsel debated.

After this, the House debated the Desire of the House of Commons on Monday last, That their Lordships would admit the Earl of Strafford no further Use of Counsel than is agreeable with the ancient Course of Proceedings in Parliament and the Rules of Law; and, after some Consideration herein, the House did appoint the

Lords appointed to prepare an Answer to the Commons concerning this.

To withdraw themselves, to advise and prepare, and then to present to this House, what is fit to be returned by way of Answer to the House of Commons.

The aforesaid Lords, being returned, presented Paper to the House; which being read, was approved of. The Contents was as followeth:

The Answer.

"That we shall admit of no further Use of Counsel than the Necessity of the Cause for his just Defence requireth, and wherein Counsel may, with the Justice and Honour of this House, be afforded him; and that there shall be no Delay in the Proceeding, but all convenient Expedition used, according to their own Desires."

Hereupon a Message was sent to the House of Commons, by Justice Reeves and Mr. Attorney General:

Message to the H.C. for Conference.

To desire a Free Conference, touching the Meeting of their Free Conference Yesterday, concerning the Proceedings in the Earl of Strafford's Case.

E. of Strafford to be brought To-morrow to deliver his Answer in Writing.

Ordered, That a Warrant be sent to the Lieutenant of The Tower, to bring the Person of the Earl of Strafford hither To-morrow Morning at Nine of the Clock, to put in his Answer in Writing, according to a former Order of this House.

The Answer of the House of Commons to the Message was:

Answer from the H.C.

That they will give a Meeting, presently, as is desired.

L. Keeper to deliver the Conference.

The Lord Keeper was appointed to deliver the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Damages given to Hill versus Buxton.

Upon the Report of the Lords Committees for Imprisonments, etc. "That Abraham Hill, a poor and an aged Man, was committed to Prison, Anno 1636, by Robert Buxton, then Mayor of Colchester, by his verbal Command only, without Warrant or Cause shewed, and continued in Prison for the Space of Sixteen Weeks, to the utter Undoing of himself, his Wife, and Four Children; upon Consideration of all which unjust Proceedings of the said Buxton, the Lords of the Committee are of Opinion, That the said Robert Buxton should pay unto the said Abraham Hill the Sum of Sixteen Pounds, by way of Damages."

Which the House approved of, and Ordered the same accordingly.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 24^m diem instantis Februarii, hora nona, Dominis sic decernentibus.