House of Lords Journal Volume 4: 16 March 1641

Die Martis, videlicet, 16 die Martii.

PRAYERS.

Ld. Pawlet excused.

The Lord Pawlett was excused for being absent.

Serjeant Leigh to attend.

Ordered, That the Committee for Privileges do meet on Thursday next, in the Afternoon, at Two a Clock, at which Time Serjeant Leigh is to attend the said Committee, concerning his Misbehaviour in the Countess of Suff. Business.

E. Strafford to come to his Trial on Monday next.

Ordered, That the Earl of Strafford, by Order of this House, do appear in Person on Monday Morning next, between Eight and Nine of the Clock, in Westminster Hall, to receive his Trial upon the Charge of High Treason against him by the House of Commons.

A Message from the House of Commons, by Sir Arthur Ingram:

Message from the H. C. for a Conference concerning Dr. Cosens and others.

To desire a Conference, by a Committee of both Houses, touching the transmitting of Dr. Cosens and others; and this to be as soon as may stand with the Conveniency of this House.

The Answer to the said Message was:

Answer.

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

Lords to report the Conference.

The Lord Privy Seal, the Earl of Bath, the Lord Viscount Say & Seale, and the Lord Bishop of Lincolne, were appointed to be Reporters of the Conference.

Committee for cessing the Nobility in Subsides.

Ordered, That the Committee appointed for the Cessing of the Nobility of this Kingdom in Subsidies are to meet peremptorily To morrow in the Afternoon, at Two a Clock.

Sir David Fowles released upon Bill.

Ordered, That Sir David Fowles, being now a Prisoner in The Fleet, shall be discharged of his Imprisonment, giving himself and Henry Fowles, Esquire, his Son and Heir, for Bail.

Conference concerning Dr. Cosens and others reported.

The House was adjourned during Pleasure, and the Lords went forth to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That Mr. Rouse declared from the House of Commons, That he was by them commanded to deliver to their Lordships an Impeachment against Dr. Cosens, for Misdemeanours of divers Natures;" which being delivered to the Clerk, was read publicly.

Afterwards the Lord Bishop of Lincolne reported the Discourse that Mr. Rouse made upon the several Articles and Branches of the Charge. Which being ended, the House did Order, That Dr. Cosens, and all the rest of the Parties, be sent for, by the Gentleman Usher attending this House, to appear here on Thursday Morning next, at Nine of the Clock; and then the Impeachment to be read in their Hearing, and afterwards to receive such further Command as this House shall please to Order.

After this, a Petition of the Earl of Strafford's was read, in hæc verba: videlicet,

E. of Strafford's Petition.

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

"The humble Petition of Thomas Earl of Strafforde, His Majesty's Lieutenant General of Ireland.

"Most humbly shewing,

"That of late your Petitioner's Counsel are much discouraged for giving him any Assistance for making his Defence, even in Matter of Law.

"His humble Suit therefore is, that, by your Lordships Goodness and Wisdom, some certain Course may be resolved upon and settled, that his Counsel may know how with Safety to govern themselves in your Petitioner's Behalf. And he further humbly craveth, that, by your Lordships like noble Favour, he may be spared from giving Answer to the Petitions of private Persons against him, till the other great Charge be ended.

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

Strafforde."

Order there upon.

Ordered, That the Counsel of the Earl of Strafforde be shewed the former Order of this House, made concerning allowing of Counsel to the Earl of Strafford; and this Petition likewise to be shewed unto them.

Reparation to the Parties petitioning against the E. of Strafford to be considered, in Case he is convicted of Treason.

Ordered, That the Committee appointed for Sir Peirce Crosebie's Cause, instead of hearing the Cause, shall consider and set down some Way of Provision, how all the Parties that have Petitioned this House against Earl Strafford shall receive Reparation, in Case any appear to be justly due unto them, and the Earl of Strafford be judged guilty of High Treason at his Trial; and the said Committee to sit To-morrow Morning, at Eight of the Clock; at which Time the Lord Chief Justice and Mr. Attorney General are to assist their Lordships.

Sir Pierce Crosby to examine Witnesses, if he will.

Ordered, That Sir Peirce Crosebie may, if he will, examine what Witnesses he thinks fit, against his Cause be heard, for Preservation of their Testimonies, in Case they should die or not be able to come at the Hearing; but, if they live, or be able to come, then they are to deliver their Testimonies viva voce.

Sir John Lamb and Dr. Duck discharged of Damages in Wheeler's Cause.

Upon the Report made by the Lords Committees for Abuses in Courts of Justice, etc. "That whereas the same Lords Committees were formerly of Opinion, That Sir John Lambe and Dr. Ducke should pay to Wheeler One Hundred Pounds for Damages, for signing of a Warrant out of the High Commission Court, to apprehend Wheeler, being then conceived to be out of the Course of that Court; which being re-committed to the said Lords Committees, upon the humble Petition of the said Sir John Lambe and Dr. Ducke, who alledging that they were not in Court when the Cause against the said Wheler was heard, but afterwards did set their Hands unto the said Warrant, which is the Course and Custom of that Court, and had been liable to a Censure of that Court if they had refused it; for which Reasons aforesaid, the Opinion of the Lords Committees was, That Sir John Lambe and Dr. Ducke are not to pay Damages to Wheeler in this Cause, and are to be discharged of the same;" which the House did confirm, and Ordered the same accordingly.

A new Trial ordered between Sallows and Badger, in the King's Bench.

Upon the Report of the Lords Committees for Abuses in Courts of Justice, "That one Thomas Sallowes hath surreptitiously gotten a Trial in the King's Bench against Andrew Badger, as appeareth by a Certificate from the Lord Chief Justice; whereupon the Lords Committees were of Opinion, That the Parties go to a new Trial in the King's Bench in this Case;" which the House confirmed, and Ordered the same accordingly.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 17^m diem Martii instantis, hora nona, Dominis sic decernentibus.