House of Lords Journal Volume 4: 20 March 1641

Die Sabbati, videlicet, 20 die Martii.

PRAYERS.

Newport and Carisbrook distinct Parishes.

Hodie 3^a vice lecta est Billa, An Act for making the Town of Newporte, in the Isle of Wight, and County of South'ton, (fn. 1) a distinct Parish from Carisbrooke, and the Chapel of St. Tho. there to be a Parish Church, and the Mayor and Burgesses of Newport and their Successors to have the Presentation of a Parson to the said Church. And, being put to the Question, it was consented to pass, nemine contradicente.

Sir Thomas Powell and Alderm. Harvy to re-pay Ship-money raised in Cheshire.

It was signified to the House, That Sir Tho. Powell, Knight, Sheriff of the County of Cheshire, and Robert Harvie, Alderman of the City of Chester, having received Money, by virtue of His Majesty's Writs for Shippingmoney, of divers and several Persons, do now desire the Directions of this House how they shall dispose of the Moneys so collected; whereupon the House did Order, That the said Sir Thomas Powell and Alderman Harvie shall give an Account to Sir George Booth and Sir Richard Wilbraham, Baronets, for the Money received of the County; and to the Mayor and Sheriffs of Chester, for the Money received of that City; and that they shall repay the several Sums of Monies so collected to the Owners from whom the several Sums were received.

Next the Irish Commissioners were called in, to deliver their Opinions concerning the disbanding of the new Irish Army, and reinforcing the old Army; who gave the House this Answer:

Treaty with the Irish Committee, about disbanding the new Irish Army.

"That they, being Commissioners from the Two Houses of Parliament, the Representative Body of Ireland, have no Power from the Parliament there to treat about the Army; neither dare they presume to advise the disbanding of it, not knowing the dangerous Consequences that may follow thereupon; nor advise the Continuance thereof, or any Part thereof, by reason of the extreme Poverty of that Kingdom, to which it hath been of late reduced; and, since they have received no Directions concerning that Army, they humbly desired not to be put to any positive Answer; but rather humbly submit it to His Majesty's own Royal Consideration and deep Wisdom; to whom, under God, the Care and Safety of that Kingdom is committed."

The House, resolving to take the Business of disbanding the Army further into Consideration, Ordered, That the Earl of Corke, Lord Viscount Willmott, Lord Dillon, and the Lord Rannelaugh, shall have Notice to meet here on Thursday in the Afternoon; and the same Lords Committees as conferred with the Irish Commissioners, appointed to acquaint them with the whole State of the Cause, and what hath passed between both Houses, concerning the disbanding of the Irish Army, and reinforcing the old Army.

Absent Lords not to vote in the Earl of Strafford's Case by Proxy.

It was reported, "That the Lords Committees, appointed to consider whether Proxies should be used in Cases of Blood, were of Opinion, That those Lords that have Proxies of absent Lords shall, in this Case of the Earl of Strafford, forbear to make Use of them for this Time, saving to them their Rights." Also the Lords were of Opinion, "That those that voted in the House of Commons in the Earl of Strafford's Case, and since are Peers, may vote as Judges here in this House in the same Cause." And further the Lords Committees desired, "That the Lords the Bishops might shew Reason why they should not likewise forbear giving Proxies in the said Case."

Which the House taking into Consideration, did Order, That their Lordships do hold it fit, that, for this Time, and in this Case, those Lords that have Proxies of absent Lords shall make no Use of them, saving to themselves the Right of Peers.

Next the Lords the Bishops did declare, That they likewise will not at this Time make any Procurator for themselves, saving to themselves their Rights.

Order concerning Earl Strafford's Trial.

Ordered, That, in this Proceeding of the Trial against the Earl of Strafford, this House will proceed therein in a Parliamentary Way.

Message from the H. C. for a Conference this Afternoon.

A Message from the House of Commons, by Mr. Bellasis: To let their Lordships know, that, in regard of the great and urgent Occasions of this Kingdom, that they intend to sit as a House this Afternoon; therefore they desire their Lordships will please to do the like, in regard there may be some Occasion of Conference.

Ordered, That this House doth sit this Afternoon, at Two of the Clock.

Answer to the Message:

Answer.

That this House will sit at Two a Clock this Afternoon.

Petition of Spotwood & al. against E. Strafford.

Ordered, That the Petitions of Henry Spottwood, Sir Edward Beecher, and Mr. Lyle, be received into this House, and be considered of amongst the rest of those Petitions that are to take Benefit of the provisional Order, in Case the Earl of Strafforde be adjudged guilty of Treason, and their Cause found to be just, and deserve Reparation.

After, a Question arose, whether a Peer that is a material Witness against the Earl of Strafforde at his Trial, may be a Judge against him.

For the debating hereof, the House was adjourned during Pleasure; and then the Lords the Bishops (being in Agitatione Causæ Sanguinis) withdrew themselves.

After some Time spent in this Debate, the House was resumed, and nothing resolved; but Ordered, That the further Consideration of this Particular be referred until this Afternoon.

Nash versus Kynaston in Error.

Upon Signification unto this House, That Tho. Nash, Plaintiff in a Writ of Error, against Charles Kynaston Defendant, was Ordered, on the 5th of March last, to assign Errors upon the 12th of March then next following, or to be dismissed this House; and that, after, their Lordships were further moved, upon the said 12th of March, to grant him the said Nash a longer Time; it was again Ordered, That peremptorily he should assign his Errors on the 20th of this Instant March; and, upon Default, to stand Nonsuit; and the Transcript of the Record to be sent into the King's Bench; on which said 20th Day of March 1640, the said Petitioner Nash exhibits his Petition again unto their Lordships, pretending that the said Record is not fully removed; whereupon it is Ordered, etc. That the Cursitor of Midd. shall make forth a Certiorari, returnable the 5th of April next, to the Lord Chief Justice of the King's Bench, to certify the Original Writ, venire facias, distringas & Nomina Juratorum. And in Case the said Writ of Certiorari shall not be returned upon the said 5th of April aforesaid, that then the said Nash shall be Nonsuit, and the said Transcript of the Record shall be remitted into the King's Bench, that so the said Ch. Kyneston may take out his Execution upon his Judgement, the said Writ of Error superseded thereupon notwithstanding; and no further Prosecution in this House to be had therein.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

A Message from the House of Commons, by Mr. Marten:

Message from the H. C. for a Conference concerning the E. Strafford's Trial.

To desire a Free Conference, as soon as it will stand with their Lordships Conveniency, by the same Committee as formerly, touching the last Free Conference concerning the Earl of Strafford.

Answer.

The Answer to the said Message was: That their Lordships will give a Meeting presently, with the same Committee as formerly, in the Painted Chamber, as is desired.

Lords to report the Conference.

The Earl Marshal,
The Earl of Bath,
Earl of Warwicke,
Earl of Bristoll, and the
Lord Viscount Say & Seale,
Lord Wharton, and the
Lord Roberts,

Were appointed to report the Conference.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed, and the Earl of Bath reported the Conference, which was concerning the Trial of the Earl of Strafforde.

After this, Dr. Cosens, and others joined with him in the Impeachment brought up hither from the House of Commons, entered into Bail; which was taken openly in the House, by the Lord Chief Justice of the Common Pleas, who sat as Speaker: videlicet,

Thomas Carr-Præbendarius of Durham, battled.

Thomas Carr, Præbendarius de Durham, Ralph Brownrigg, Theologiæ Doctor, et Lewis Moulins, de London. recognoverunt seipsos debere Domino Regi Sex Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, Thomas Carr, one of the Prebendaries of Durham, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; else to remain in Force.

Sir Jo. Lamb bailed.

Johannes Lambe, Miles, recognovit se debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if the said Sir Jo. Lambe, Knight, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; or else to remain in Force.

Dr. Sammes bailed.

Gulielmus Sammes, Legum Doctor, recognovit se debere Domino Regi Mille Libras, levari ex Terris, Tonementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Ferdinand Moorecraft bailed.

Ferdinandus Moorecraft, unus Præbendariorum de Durham, recognavit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Geo. Moorecraft bailed.

Georgius Moorecraft, unus Præbendariorum de Durham, recognovit se debere Domino Regi Quinquaginta Librus, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Dr. James bailed.

Gulielmus James, Theologiæ Doctor, et unus Præbendariorum de Durham, recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Dr. Clarke bailed.

Gabriel Clarke, Theologiæ Doctor, unus Præbendariorum de Durham, recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Dr. Duncombe bailed.

Eliazar Duncombe, Theologiæ Doctor, Tho. Hurst, Johan. Buck, & Mallory, recognoverunt seipsos debere Domino Regi Tres Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Dr. Cosens bailed.

Johannes Cosens, Theologiæ Doctor, unus Præbendariorum de Durham, Johan. Tollye, de London. & Tho. Blackeston de London. recognoverunt seipsos debere Domino Regi Decem Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Wm. Easdell bailed.

Gulielmus Easdell, Armiger, recognovit se debore Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

With the same Condition as Sir Jo. Lambe's.

Dr. Hodson bailed.

Johannes Episcopus Lincolne recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if Phineas Hodson, Doctor of Divinity, one of the Prebends of Yorke, shall appear Personaliy here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; or else to remain in Force.

Thomas Burwell bailed.

Thomas Episcopus Dunel. recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if Tho. Burwell, Esquire, one of the High Commissioners of the Province of Yorke, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; else to remain in Force.

Dr. Wickham bailed.

Thomas Episcopus Dunel. recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if Henry Wickham, Doctor in Divinity, one of the Prebends of Yorke, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; else to remain in Force.

Thriscrosse bailed.

Johannes Comes de Bristoll recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if Thriscrosse, one of the High Commissioners of the Province of Yorke, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; else to remain in Force.

Dr. Stanhope bailed.

Henricus Comes de Holland recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if George Stanhope, Doctor of Divinity, one of the High Commissioners of Yorke, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; else to remain in Force.

Sir. Ch. Cæsar to appear in Parliament.

Memorandum, That Sir Charles Cæsar, Knight, Master of the Rolls, gave his Word to the House, to appear Personally before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be; which this House accepted of.

Mr. Smart released.

Ordered, That Mr. Smarte be released from his Imprisonment, being committed pro Causis Ecclesiasticis; and likewise, that the Book of Acts of the Dean and Chapter of Durham be brought in, at the Hearing of Mr. Smarte's Cause; and all such Witnesses to appear as concerns the Cause.

Ordered, That the Petitions of the Lord Brabazon and the Lord Boltinglasse be received into this House, and admitted into the Number of those that are to be considered of for Reparation from the Earl of Strafford.

A Message from the House of Commons, by Sir Hugh Chomeley:

Message from the H. C. for a Conference about the Affairs of both Kingdoms.

To desire their Lordships to give them a present Conference (if it stands with their Lordship's Conveniency), concerning the Affairs of both Kingdoms, by a Committee of both Houses.

The Answer to the said Message was:

Answer.

That their Lordships will give them a present Meeting, in the Painted Chamber, as is desired.

Lords to report the Conference.

Were appointed to report the Conference.

Dr. Wickham et al. being bailed, not to be brought up.

Ordered, That Dr. Wickham, Dr. Stanhope, Dr. Hodson, Mr. Burwell, and Mr. Thriscrosse, shall be excused from coming up with the Messenger of this House, having given Bail for (fn. 2) their Appearance.

Report of the last Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bath reported the Conference, to this Effect:

"That the House of Commons, upon Consideration of the Paper last sent down from their Lordships, touching the Affairs of both Kingdoms, are very sensible both of the Extremity and Sufferance of the Scottish Army, and the Two Counties wherein they are, for Want of Money and Supply expected from hence, and of the King's Army, and the County of Yorke, which is under the same Extremity.

"The House of Commons hath taken their best Endeavours, both for the Prevention and Removal of these Mischiefs; and to that Purpose hath passed an Act for the levying Four Subsidies; and, finding that Supply not to be sufficient for the present Occasion, have since voted in their House Two Subsidies more.

"That, upon their Computation of those Six Subsidies, they supposed the Sum to be raised thereupon will amount to above Three Hundred Thousand Pounds.

"The Money already raised by the House upon the Credits, and disbursed for those Employments, amounted to One Hundred Seventy-five Thousand Pounds; so that, if their Computation upon the whole fail not, there remained still of the Six Subsidies above One Hundred and Twenty Thousand Pounds.

"That there hath been no Ways left unattempted, which they could possibly think of, for the providing of present Money; but cannot find any which is likely to answer the Urgency and Necessity of the Occasion.

"Since it appears there remains of the Six Subsidies, towards the present necessary Disbursements, above One Hundred and Twenty Thousand Pounds, and the present providing the same so much concerns the Welfare and Subsistence of the whole Kingdom, they desire your Lordships Advice what is to be done, in this great Exigent, for the Safety of the Kingdom."

Next a Message was sent to the House of Commons, by Sir Edward Leech and Serjeant Whitfeild:

Message to the H. C. to sit on Monday P.M. as the Lords will, on the Business relative to the Subject of the late Conference.

To let them know that this House will sit some Time on Monday in the Afternoon, about the Business of the late Conference; and that their Lordships do desire the House of Commons to sit likewise as a House, at the same Time.

The Answer returned from the House of Commons:

Answer.

That they will likewise sit on Monday in the Afternoon.

Order to secure Quietness during the Earl of Strafford's Trial.

Ordered, That Notice be given to the Lord Mayor, Aldermen, and Sheriffs of the City of London, and likewise to the Deputy Lieutenants and Justices of Midd. and the Justices of Peace of the City of Westm. to take Care for the safe Guarding of the Gates, and other Places, thereby to prevent the Concourse of People resorting to Westm. during the Time of the Trial of the Earl of Strafforde.

Conference about equal Assessment of Subsidies.

Memorandum, That a Conference is thought fit to be had with the House of Commons in convenient Time, about the equal and proportionable Assessment of the Subsidies.

Adjourn.

Dominus Capitalis Justiciarins de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 22^m diem instantis Martii, hora nona, Dominis sic decernentibus.