House of Lords Journal Volume 4: 2 January 1641

Die Sabbati, videlicet, 2 die Januarii.

PRAYERS.

Baron Davenport bailed.

Humphridus Davenport, Miles, Capitalis Baro Scaccarii, Petrus Venables, Esquire, Baron de Kynderton, in Comitatu Cestriæ, Hamnett Hyde, Esquire, de Norbury, in Comitatu Cestriæ, recognoverunt seipsos debere Domino Regi Decem Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis.

The Condition of the said Recognizance is, That, if the said Sir Humphry Davenport, Knight, Lord Chief Baron of His Majesty's Court of Exchequer, 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.

Ordered, That the Lord Chief Baron's former Recognizance of Ten Thousand Pounds, for putting in Security to be present at the Judgement of Parliament, is vacated.

Sir George Ratcliffe's Petition was read, in hæc verba: "To the Right Honourable the Lords Spiritual and Temporal, in the High Court of Parliament assembled.

The humble Petition of Sir George Ratcliffe, Knight.

Sir George Ratcliffe's Petition for Counsel and a Solicitor.

In all humble Thankfulness acknowledging your Lordships Noble Favour to allow him Counsel, he humbly presents unto your Lordships, the Names underwritten of such as he desires may be assigned of his Counsel; submissively beseeching your Lordships that they may be assigned for him, according to the Honourable Order of this High Court of the 31st of December last.

And he is further an humble Suitor to your Lordships, That Leonard Robinson may be allowed for his Solicitor in this Cause.

And he shall ever pray, etc.

Geo. Radcliffe.

"Mr. Serjeant Godbold.
Mr. Serjeant Rowles.
Mr. Recorder of London.
Mr. Yates.
Mr. Lowe.
Mr. Lewis.
Mr. Lightfoote.
Mr. Pannell."

Order thereupon.

Hereupon it was Ordered by the House, That the said Sir George Radcliffe shall have such of those Counsel mentioned in the Petition assigned him in this Business, as are not of Counsel with the Earl of Strafford, and shall have Liberty to present the Names of others to supply their Places, so as they be such as this House shall first approve of. And further it was Ordered, That Leonard Robinson be allowed to be his Solicitor in this Cause.

After this, the Keeper of The Gatehouse presented to the House a List of all the Persons that have visited Sir George Ratcliffe since his Commitment to The Gatehouse; which was read in the House openly.

Motion about further Cessation of Arms with the Scots.

The Earl of Bristoll signified to the House, by the Command of the Lords Commissioners, That the Time of the Cessation of Arms between the Scots and us continues no longer than the 16th of January next; therefore thought it expedient, if their Lordships approved of it, to have a Conference with both Houses, and require their Advice therein, and also to give to both Houses an Account what hath been done since the last renewing of the Cessation; which Motion the House approved, and desired the Lords Commissioners to retire themselves, and prepare for the Conference; which accordingly they did.

Clarke's Naturalization Bill.

Hodie 2^a vice lecta est Billa, An Act for Naturalizing of Simon Clarke, of the Age of Three Years, Grandchild to Sir Francis Clarke, Baronet. And committed to

Their Lordships, or any Three of them, to meet on Monday Morning next, at Eight o'Clock, in the Little Committee Chamber.

Mr. Justice Foster and Mr. Serjeant Ayloff, Attendants.

Bradley versus Barckley.

Witnesses sworn in the Cause of Bradley, against Mr. Justice Barckley, depending before the Lords Committees for Abuses in Courts of Justice, etc.

Hospitals.

Hodie 1^a vice lecta est Billa, an Act for better Maintenance of Hospitals, etc.

Ld. Cottington and Ld. C. J. C. P. to speak with the E. of Strafford.

The Lord Cottington acquainted the House, That His Majesty had commanded him and the Lord Chief Justice of the Common Pleas to speak with the Earl of Strafford this Afternoon, about Affairs in Ireland.

An Account how far the Commissioners had gone in the Treaty with the Scots.

The Lords Commissioners returned into the House; and the Earl of Bristol made a short Narration what had past, and how far they have gone in Treaty with the Scottish Commissioners since the last Account: That they had now concluded, though with much Difficulty, the Fourth Article, touching the Incendiaries of both Nations: those that are of our Nation; to wit, the Lord Archbishop of Cant, and Lord Lieutenant of Ireland, they had delivered in Papers against them to the Parliament.

Those of their own Nation, they gave a Paper to His Majesty concerning them, which was read in the House openly, dated the 9th of December. Afterwards was read His Majesty's Answer thereunto, thinking their Demands too general, dated 9th December, 1640. But at last, after many Difficulties had past, His Majesty hath made them a particular Answer, which was read openly; and afterwards His Majesty was pleased to give a concluding Answer, dated 30th of December, 1640, which was read.

Next was given an Account how far they had entered upon the Fifth Article, touching restoring of Ships and Goods taken, with Damages; and the Propositions were general on both Sides reciprocally, that Ships and Goods on both Sides should be restored, etc.

The Scots Desire concerning the Archbishop of Cant. and E. of Strafford.

Next another Paper was read, dated the 14th of December, concerning the Scotts Desire touching the English Incendiaries, videlicet, Lord Archbishop of Cant. and the Lord Lieutenant of Ireland, that they may be put to a Trial, and that Commissions may be erected for examining of Witnesses upon such Interrogatories as they shall give in, etc. And, after this, said that the Lords Commissioners thought fit, seeing but Fifteen Days, or thereabouts, of the Cessation are behind, that the Cessation may be continued for a Month longer, if the Treaty last so long, upon the same Terms as the former was; all which they did submit to the Wisdom of both Houses of Parliament.

A Message presently was sent by Mr. Baron Henden and Mr. Justice Foster, to the House of Commons, to this Effect:

Message to the H. C. for a Conference, concerning the Treaty of both Kingdoms.

That their Lordships desire a Conference, with a Committee of both Houses, presently, if it stand with their Conveniency, concerning the Treaty of both Kingdoms, in the Painted Chamber.

Ld. Grey and Mr. Longuevile to attend the Committees.

Ordered, by the House, That the Lord Grey and Charles Longevile, Esquire, shall, by themselves and One Counsel on either Side, attend the Lords Committees for Privileges on Monday next, the 4th of this present January, at Two a Clock in the Afternoon, and to bring in those Records, or authentic Copies, which were urged on both Sides in the Argument before their Lordships, that thereby their Lordships might be fully satisfied in the Cause.

Ld. Audley versus Ld. Cottington.

Ordered, That the Interrogatories in the Cause depending between the Lord Awdley and the Lord Cottington, being drawn up by Counsel, shall be considered of by the Lords Committees selected particularly for that Business, before any Person shall be examined upon them.

Mosely to be examined.

Ordered, That one Richard Mosely be produced before the Lords Committees, to deliver upon Oath what Writings he hath concerning the Business now in Question between the Lord Awdley and the Lord Cottington.

The Answer which the House of Commons returned was:

Answer from the H. C. for a Conference concerning the Treaty of both Kingdoms.

That they will presently meet their Lordships, in the Painted Chamber, with a Committee of both Houses, as is desired.

The Lords went to the Conference; and the House was adjourned during Pleasure.

Conference reported.

The Conference being ended; the Lords came in; and the House being resumed, the Earl Marshal reported to the House, That the Earl of Bristoll had made a Narration of the Business to the House of Commons very faithfully; and that the House of Commons told their Lordships, that they came with ready Ears to hear, and they will report the Business to their own House, and will send an Answer in fit Time.

List of the Visitants of E. Strafford.

After this the Lieutenant of The Tower gave the House an Account of their Names that had visited the Earl of Strafford since Saturday was Sevennight. The List of their Names was read.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 4^m diem instantis Januarii, hora nona, Dominis sic decernentibus.