House of Lords Journal Volume 4: 1 December 1641

DIE Mercurii, videlicet, 1 die Decembris.

PRAYERS.

Ld. Deincourt about Poll-money.

Whereas the Lord Deincourt hath lately paid One Hundred and Fifty Pounds for Poll-money, according to the Statute in that Case provided; and a Servant of his Lordship hath since paid Forty Pounds more into the Chamber of London; upon the said Payment of his Servant, which was a Mistake, it is thought fit, and so Ordered, That the said Forty Pounds shall, by virtue of this Order, be re-paid unto the said Lord Deincourt, or to his Assigns, upon Sight hereof; and this shall be a sufficient Discharge to such as shall pay back the same accordingly.

Against mixing Wines.

Ordered, That the Committee for the Bill against Sophistication of Wines shall meet To-morrow, at Twelve of the Clock; and the Judges that are Assistants to this Committee are to have Notice, that they may attend.

Bill for laying down Privilege of Parliament in some Cases.

Then this House took into Debate the Bill for laying down the Privileges of Parliament, in some Cases, during this Session.

The House was put into a Committee during Pleasure; and it was Agreed, That the Time should be made certain, as Eighteen Months, if this Session continues so long; and that the Masters of the Chancery be included.

The House was resumed; and no further Proceedings was in this Bill at this Time.

Hooper to renew a Commission.

Whereas Anthony Hooper hath had a former Commission, by Order of this House, directed to certain (fn. 1) Commissioners, for the hearing and determining of Accounts between him and his Creditors, (fn. 2) which Commission is expired, and the Business for which it was granted not yet finished; it is Ordered by this House, That the said Anthony Hooper shall have Power to renew the said Commission for Six Months longer, from the Date thereof, directed to the said Commissioners, and to Two more, videlicet, Richard Bogan and Daniell Harvey, to the same Purpose and Effect as the said Commission was formerly granted by their Lordships.

Pluralities and Non-residency.

Ordered, That the Bill against Pluralities and Nonresidency be debated, by a Committee of the whole House, on Monday next; and the Judges that attended the Committees are to consider of those Things which were spoken of at the Committee, as the Word ["Benefices without Cure of Souls and Commendams."]

Report concerning the Books seized that came from beyond Sea.

The Bishop of Exon reported to the House, "That the Committee formerly appointed by this House have perused those Books which were seized on coming from beyond the Seas, and others printed in England, and put into the Hands and Custody of the Register of the High Commission Court; and the Committee finds them to be of Three several Sorts:

"1. Such as are fit to be delivered to the Owners, and to be sold by the Stationers, as good and vendible Books; as

"The Holy Table, Name and Thing.

"Mr. Walker's Treatise of the Sabbath.

"A French Commentary on the Revelations.

"Dr. Burges his Rejoinder for Ceremonies.

"Some Old Books of Controversies.

"A Second Sort of Books, which the Committee think fit to be sold to choice Persons: as,

"Caussin's 4th Tome of Holy Court, in Folio, 370.

"Thomas de Kempis, of the Following of Christ, 100 in Decimo Sexto.

"The Life of Sir Tho. Moore.

"A Third Sort, of Superstitious Tablets and Books, which are fit to be burnt:

"As Missalls, Primers, and Offices of Our Lady, &c."

Hereupon it is Ordered by this House, That the First Sort of Books are approved of by this House, and are to be delivered to the Owners, and to be sold by the Stationers; and that the Second Sort be delivered over to safe Hands, to be sold to Noblemen, Gentlemen, and Scholars, but not to Women; and lastly, that the Third Sort be burned by the Sheriffs of London, in Smithfield, forthwith.

Gherrard Poole about Wafer-cakes for the Mass.

After this, was read a Letter, dated the 26th of November last, written from Sir Symon Archer, Knight, directed to the Lord Viscount Say & Seale and the Lord Dunsemore; shewing "That there was lately brought before him (being a Justice of the Peace) one Gherard Poole, Servant to Sir Charles Smith, having found about him in a Box divers Wafer-cakes, such as are used in the Mass, desiring their Lordships Directions what to do herein:" And this House, tak ing the same into Consideration, Ordered, That Thanks be returned to Sir Symon Archer, for his Information hereof; and that the said Gherard Poole be proceeded in, according to the Laws of this Kingdom.

Sir Henry Bedingfield's Answer to Mr. Shale's Information.

Next, Sir Henry Beddingfeild, being sent for by Order of this House, was brought in; and the Information of William Shales was read unto him; which being done, Sir Henry Biddingfeild desired he might answer particularly to the Charge; there being several Opinions in the House herein, he was commanded to withdraw, and the (fn. 3) House took it into Consideration, and Resolved he should be asked Generals before Particulars.

Sir Henry was called in again; and the Speaker, by Directions of this House, asked him these Questions:

"1. Whether he knows one Mr. Shales?

"2. Whether he was with him in his Garden, at the Time mentioned in the Information; and who else was with him?

"3. What Discourse he had with the said Shales?

"4. How long he had known Shales?"

Sir Henry Beddingfeild's Answer was:

"1. That he knows William Shales; for he was formerly his Falconer.

"2. That Shales was with him in his Garden in April last, and Poole was with them.

"3. That their Discourse was, where the best Place for Hawking was in Irelande, and no other Discourse."

It was desired, That Sir Henry Beddingfeilde may be asked, "whether that Poole be (fn. 3) a Priest;" and it was objected, that thereby he might accuse himself: But he, being not upon Oath, was asked the Question; and he answered, "That Poole was no Priest."

After this, Poole was examined upon Oath what he knew concerning the Information of William Shales.

He answered, "That he was present at the Discourse between Sir Hen. Beddingfeild and the said Shales; and he remembered they discoursed in the Garden of Hawking, and what Kind of Country Ireland was for Hawking, and about taking of a House at Killkenny; and that all Things, Shales said, were quiet in Ireland; but denied he heard or knows any more."

Sir Henry Bedingfield dismissed.

The House, taking the whole Business into Consideration, and finding no sufficient Matter to proceed against Sir Henry Beddingfield, Ordered, That he be released from his present Restraint, and dismissed from any further Attendance on this House, for any Thing concerning this Business; and lastly, that his Study shall be unsealed and opened, as it was before any Order of this [ (fn. 3) House was] served upon him.

A Message was brought from the House of Commons, by Mr. Hatcher:

Message from the H. C. for a Conference about the Thirteen Bishops, and about Phillips the Priest.

To desire a Conference, by a Committee of both Houses, at such Time as may stand with their Lordships Conveniency:

1. Touching the Answer concerning the Plea and Demurrer of the Thirteen Bishops that are impeached.

2. Concerning an Answer touching Phillips the Priest.

The Answer hereunto was:

Answer.

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

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lord Keeper reported the Effect of this Conference: videlicet,

Conference reported.

"That the House of Commons have received the Plea and Demurrer of Twelve of the Thirteen Bishops that are impeached by the House of Commons for making the Book of Canons and Constitutions, and granting a Benevolence to the King, contrary to Law; and that one of them pleads not Guilty; the other Twelve neither confessed nor denied the Charge. The House of Commons are ready to make it good by Proof, and do desire a short Day to be prefixed for that Purpose.

"2. Concerning Phillips the Priest, the House of Commons say, that they understand their Lordships have received Satisfaction from him for the Contempt done to this House; that the general Business of the Kingdom hindered the preparing of Articles against him, but they shall be ready, in a convenient Time, to give him a Charge.

Phillips the Priest to be discharged upon Bail.

"And, in regard they heard he is not well, they are contented he be removed to Denmarke House; he putting in Caution not to go to Court, and to appear when he shall be required."

To the first Proposition concerning Robert Phillips, this House agreed with the House of Commons therein; and, when Sureties shall be offered, and approved on by this House, for his Caution, the said Phillips shall be released from his Imprisonment in The Tower.

Order concerning the Thirteen Bishops.

Upon a Report made this Day unto this House, "That the House of Commons have received the Plea and Demurrer of the Twelve Bishops to the Impeachment brought up from them against the said Bishops; and that they conceive that the said Bishops have neither confessed nor denied the Matter in the said Impeachment, do therefore desire that a short Day may be prefixed for them the said Commons to make good their said Impeachment, by Proof, against the Bishops, which they are ready to perform:" Whereupon it is Ordered, by the Lords in Parliament, That the said Lords Bishops impeached shall be heard, by their Counsel, on Friday next, at this Bar, what they can say why this Motion should not be granted.

Riots, &c. to be prevented.

Ordered, That all the Judges do consult amongst themselves what Course is fit to be taken, to prevent Riots, Routs, and unlawful Assemblies; and, having considered of the Laws and Statutes in this Case, to present their Opinions to this House To-morrow Morning.

E. of St. Albans's Arms to be sent him.

Ordered, That the Right Honourable the Earl of Leycester, Lord Lieutenant of Ireland, shall have Power, by virtue of this Order, to give Warrant that Thirty complete Arms for Horse and Man, of the Right Honourable the Earl of St. Albanes, remaining now in this Kingdom, shall be forthwith transported over unto the Port of Gallaway, or any other Port in Ireland, for the said Earl, to be made Use of by his Lordship in the said Kingdom of Ireland, as he shall think fit for His Majesty's Service.

Bill for laying down Privilege of Parliament in some Cases.

Ordered, That the Bill against Protections shall be debated To-morrow.

Ld. Loftus's Cause.

Ordered, That the Lord Viscount Loftus's Cause shall be heard on Saturday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 2^m diem instantis Decembris, hora 12^a, Dominis sic decernentibus.