House of Lords Journal Volume 4: 11 March 1641

Die Jovis, videlicet, 11 die Martii.

PRAYERS.

Bishop of Peterborough excused.

The Lord Bishop of Peterborough excused for being absent, being not well.

Sir David Fowles et al. Causes to be heard.

Ordered, That Sir David Fowles's Cause, Sir Peirce Crosebie's Cause, and Sir Tho. Laton's Cause, shall all be heard on Monday next in the Afternoon.

Lord Herbert and the Earl of March.

Upon hearing the Counsel of the Lord Phillip Herbert and others, and the Counsel of the Earl of March; it was Ordered, That all Articles and Contracts charged in the Petition be brought in by Mr. Wimberley and Mr. Webb upon Oath, and to be sealed up, and left with the Clerk of the Parliament, until the Hearing of the Cause concerning Sutton Marsh; and that Mr. Kirby and Mr. Dereham shall be present at the Hearing of the Cause, and attend this House, and give an Account how the Judgement passed in the Exchequer.

Lords appointed to consider of a Conference.

A Conference was resolved on with the House of Commons; and the Lord Privy Seal, Earl of Bath, Earl of Bristoll, and the Lord Viscount Say & Seale, were appointed to withdraw themselves, and prepare Heads for the Conference.

Message to the H. C. for a Conference concerning the Earl of Strafford's Trial.

In the mean Time, a Message was sent, by the Master of the Rolls and Mr. Attorney General: To desire a Free Conference, with a Committee of Twenty-four Lords, presently, if it stand with their Conveniencies, touching their Desires concerning the Trial of the Earl of Strafforde.

The Answer from the House of Commons, was:

Answer.

That they will give a Meeting presently, in the Painted Chamber, as is desired.

Propositions for the Conference.

Next the Lord Privy Seal reported what was drawn up by the Lords to propound at the Conference: "That, for the Place, the Lords Opinions are, That the House of Commons do shew Precedents of the Change of the Place; and withall do conceive (if His Majesty please to give Way to it), That this House may be enlarged, by removing the Bar, and the Lords sitting in the absent Places of some Lords, and by building of Scaffolds without the Bar; the which Way there may be sufficient Room to receive the Members of the House of Commons. Concerning their Desires for the Members of the House of Commons to be present, the Lords think it fit they shew Precedents for it. Next, to know of them what they mean by managing of the Evidence. And, lastly, to acquaint them with what Order this House hath made concerning allowing the Earl of Strafford Counsel."

Which being approved of, the Lords went to the Conference, and the House was adjourned during Pleasure; the Conference being ended, the House was resumed; and the Lord Privy Seal reported the Conference briefly, to this Effect: "That the Lords had delivered to the House of Commons, at the Conference, what they were by this House commanded; and they return this Answer: That they will return and report it to their House, and return an Answer in convenient Time."

Osbaston's Cause to be heard on Monday next.

Ordered, That Mr. Osbaston's Cause be heard on Monday next in the Afternoon, at which Time Richard Kylwert shall be brought to attend the Lords Committees; and others whom it concerns to be there present.

Lord Roche's Cause to be heard.

Ordered, That the Lord Roche's Cause, against the Earl of Strafford, be heard on Tuesday next, in the Afternoon.

Report between Johnson and Beale.

Upon the Report of the Lords Committees for Petitions, "That Ezechiell Johnson, Clerk, was deprived of the Parsonage of Paulsebury, in the County of North'ton, by Sentence in the High Commission Court, upon Pretence of a Super-institution; after which Sentence Doctor Beale obtained Presentation, Institution, and Induction into the said Parsonage, where he hath continued for the Space of Three Years;" it is Ordered, partly for that the said High Commission hath no Power to dispose of the Freehold of any Man without a Trial at Law, but principally for many Falsehoods stuffed into the said Sentence, as clearly appeared unto the Lords Committees; that therefore the said Mr. Johnson shall be forthwith, by virtue of this Order, put into the quiet Possession of the said Parsonage of Paulsebury, and so preserved, if Need shall require, by the Sheriff of the County, against the said Dr. Beale the Patron, and all other Disturbances; and that Mr. Dr. Beale only shall be left to his Remedy at Law, if he shall be so advised by his Counsel, for any Title he had from His Majesty thereunto at the Time of the said Doctor's being presented to the said Rectory; but the said Dr. Beale, being not conceived to be in any Fault in this Cause, is not enjoined to answer the Mesne Profits of the said Parsonage for the Time that he hath enjoyed the same. And it is further Ordered, That the Commissioners that passed Sentence against the said Mr. Johnson shall be heard by the Lords Committees for Petitions what they can say, according to their own Desires, on the Eighteenth Day of March 1640, at Two a Clock in the Afternoon, why they should not give Damages to Mr. Johnson, for pronouncing the said Sentence against him in the High Commission.

De Con et al. versus Dr. Farmery.

Upon reading a Petition of James de Con, Gelly Rey, and John de Houcq; complaining; That Dr. Farmery refuses to perform the Order of this House; it was Ordered, That the said Order be confirmed, and Dr. Farmery forthwith to pay the Hundred and Seventy Pounds according to the Order.

Lord Audley versus Lord Cottington.

Ordered, That the Cause between the Lord Awdley and the Lord Cottington, concerning Fonthill, be heard openly in this House, by Counsel at the Bar, the First Tuesday next Term; and the Lord Awdley to lay aside the Matter of the Attainder of the late Lord Awdley his Father, and separate and single out the civil Matter of Fonthill, from the Matter of the Attainder; and the Attainder admitted to be good, until the contrary be proved: Further, in Case the Lord Awdley, or his Counsel, at the Hearing of the Cause, do intrench or question the Validity of the Attainder, then Mr. Attorney General to be heard for His Majesty therein, if he desire it: And, lastly, That the Lord Awdley shall have Leave to mend the Title of his Petition, in the Nature of the Writ of Error; and that the Witnesses be produced on both Sides, and be heard viva voce.

Committee for assessting the Nobility in the Subsidies.

Ordered, That the Committee appointed for the Sessing of the Nobility of this Kingdom in the subsidies do meet on Saturday next, in the Painted Chamber, at Two a Clock in the Afternoon; and no other Committee to sit.

Report and Outer for Broxam against Sandeland.

Whereas, upon the Report of the Lords Committees for Petitions, "That Andrew Sandeland, Clerk, had procured a Sentence of Deprivation against Nicholas Bloxam, Clerk, in the Court of the High Commission, by colour whereof the said Andrew Sandeland violently gained the Possession of the Rectory of Great Walding feild, in the County of Suff. from the said Nicholas Bloxam, then Incumbent, which this House conceived to be against Law;" and whereas it was Ordered; upon the Certificate of Mr. Justice Reeve and Mr. Justice Barckley (to whom the Cause was referred for their Direction to bring the same to a Trial), That the said Cause should be left to a Trial at the Common Law, at the then next Assizes to be held for the County of Suff. according to the said Judges Certificate; and whereas the said Cause hath since received a Trial by Nisi prius at St. Edmonds Bury, in the said County of Suffolk, before Mr. Baron Henden, as by his Certificate, dated 5 Martii, appeareth; and that, upon full Evidence and Hearing of Counsel, as also the Proofs at large on both Sides, the Verdict passed on the Behalf of the said Nicholas Bloxam; it is now therefore Ordered, That the Sentence, Order, and Decree, made in the High Commission Court, against the said Bloxam, touching his Deprivation from the Rectory or Parsonage of Great Walding feilde, in the said County of Suffock, be adnulled, frustrate, and made void. And further, That the said Nicholas Bloxam be forthwith, upon Sight hereof, restored and put into the Possession of the said Rectory or Parsonage of Great Waldenfielde aforesaid; and the said Nicholas Bloxam is hereby also enabled to discharge the Cure there, as the lawful Incumbent of the said Church. And further, That the said Andrew Sandeland do forthwith deliver up the quiet Possession of the said Rectory of Great Waldingfield, and of the Parsonage House, Glebe-lands, and Tithes, to the said Rectory or Parsonage belonging; and if he shall refuse so to do, then the Sheriff of the said County is forthwith to put the said Nicholas Bloxam in the quiet Possession of the said Rectory, Parsonage House, and Premises, and to maintain his Possession therein, until, by due Course of the Common Law of this Kingdom, he shall be evicted out of the same.

Adjourn.

Dominus Capitalis Justiciariusde Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 12^m diem instantis Martii, hora nona, Dominis sic decernentibus.