House of Lords Journal Volume 4: 12 January 1641

Die Martis, videlicet, 12 die Januarii.

PRAYERS.

Sir David Fowles's Petition.

Upon reading the Petition of David Fowles, Knight and Baronet, That an Information in the Star Chamber was preferred, in the Name of Mr. Attorney General, against him, the Earl of Strafford being Relator, wherein divers Offences were charged; for which the said Sir David Fowles was sentenced to be committed, and pay Five Thousand Pounds to His Majesty, etc. and likewise to pay Three Thousand Pounds Damages, and One Hundred Marks Costs, to the Earl of Strafford; his humble Suit is, That the said Sentence in the Star Chamber may be reviewed and reversed, the Damages and Costs re-payed, the Fine, Extents, and other Proceedings, discharged and vacated: Whereupon it was Ordered by the House, That the Consideration of the said Petition be referred to the Committee appointed concerning the Star Chamber.

Mr. Fowles's Petition.

Next, the Petition of Henry Fowles, Esquire, Son and Heir Apparent of Sir David Fowles, Knight and Baronet, was read; shewing, That, at the Suit of the Earl of Strafford, for scandalous Words, he was, 9 Caroli, sentenced in the Star Chamber Five Hundred Pounds, and imprisoned; therefore desires that the said Sentence may be reversed, being neither warranted by Confession, nor Proofs, and his Title may be admitted, to avoid the Extent; and the Money paid for Damages and Costs may be restored. Hereupon it was Ordered by the House, That the said Petition be referred to the Committee for the Star Chamber.

Witnesses in E. Strafford's Cause.

Witnesses sworn in the Cause of the Earl of Strafford:

Sir Thomas Laighton, Knight.
Mr. William Longe.
Mr. Marmaduke Potter.

And received an Injunction for Secrecy.

Witnesses between Horwood and Hooker.

Ordered, That the Witnesses in the Cause depending before the Lords Committees for Imprisonments, etc. between Horwood and Hooker, be sent for, to appear and be sworn here in Court.

Bogans qualify for Naturalization.

Memorandum, This Day, before the Second Reading of the Bill for Naturalizing Richard Bogan, Christopher Bogan, Ester Bogan, and Magdalin Bogan, the said Ester and Magdalin did take the Oath of Supremacy and Allegiance, at the End of the Wool-sack where the Lord Keeper sits, in the Presence of the Speaker; the Clerk of the Parliaments reading the Oaths.

Certificates concerning Richard and Christopher Bogans:

Upon Search made, I find that one Richard Bogan did heretofore take the Oath of Supremacy and Allegiance to His Majesty, before me, this being the 7th Day of January 1640.

"John Page."

Richard Bogan, of London, Merchant, maketh Oath, That Christopher Bogan, one of this Deponent's Sons, is now residing in the Kingdom of France, and is under the Age of Eighteen Years.

Jurat. 11 die Januarii, 1640.

"John Page."

These are to certify, That Ester Bogan and Maudalin Bogan, both Daughters of Mr. Richard Bogan, in the Parish of St. Peter's Broad-street, did receive the Communion on Christmas-day last, which was the last Communion we had in the foresaid Parish, and have ordinarily received the same every Month since their coming into the said Parish. In Testimony whereof, I have hereunto subscribed my Name, 12 Januarii, 1640.

"Tho. Warren, Curat. ibid."

Request to His Majesty, that the Judges may have their Patent, quamdiu se bene gesserint.

Ordered, That these Lords following are deputed by this House to attend His Majesty, and present the humble Desires of this House, That His Majesty will be pleased, that the Justices of the King's Bench and Common Pleas, and Barons of the Exchequer, and Attorney of the Court of Wards and Liveries, may hold their Places by Patent, quamdiu se bene gesserint, and not durante beneplacito.

Their Lordships to meet here To-morrow Morning, at Eight a Clock, and then to go together to wait on His Majesty.

Message to the H. C. for a Conference concerning the Treaty with the Scots.

After this, the Earl of Bristoll signified to the House, That the Lords Commissioners have an Account to give, how far they have gone in the Treaty; and that they had divers Papers of the Scotts Demands, which the House thought fit to read publicly; which being done, the Lords Commissioners desired the Advice of the House what was fit to be done therein; and, after some Consideration had therein, it was Agreed, To have Conference with the House of Commons. To that Purpose, a Message was sent by Mr. Justice Reeves and Mr. Justice Foster: That their Lordships desire a Conference, with a Committee of both Houses, concerning the great Business between both the Kingdoms, presently, in the Painted Chamber, if it stands with their Conveniency.

The E. Marshal, E. Hartford, and E. of Bristoll, are appointed to report the Conference, and to make the Introduction.

Propositions or the Conference.

Then the House considered what was fit to be delivered at the Conference; and it was Agreed, That the Lords Commissioners should give them a Relation how far they had proceeded in the Treaty with the Scotts since the last Account given to both Houses; and that the Papers be read, and explained to them, but not to press for an Answer presently from them.

The Lords Commissioners retired themselves, to prepare for the Conference.

Committee for Judicature.

Ordered, That the Committee appointed to consider of the Manner of Proceedings in Judgements against the Peers of this Kingdom shall meet To-morrow, videlicet, the 13th of this Instant January, at Two of the Clock in the Afternoon.

Bogans Naturalization Bill.

Hodie 2^a vice lecta est Billa, An Act for Naturalizing of Richard Bogan, Christopher Bogan, Ester Bogan, and Magdalen Bogan, and committed to these Lords following:

Mr. Serjeant Heath to attend.

To meet To-morrow Morning, at Eight o'Clock, in the Little Committee Chamber.

Answer from the H. C.

The Answer to the Message from the House of Commons was, That they will give a Meeting, with a Committee of both Houses, presently, as is desired.

Hereupon the House was adjourned, during Pleasure; and the Lords went forth to the Conference.

Report of the Conference concerning the Treaty with the Scots.

The Conference being ended; the House was resumed. And the Earl Marshal briefly reported the Conference:

"That himself made an Introduction, to let them know, that, for the maintaining of the entire Correspondency between both Houses, this House hath desired a Conference, to let them know what hath past late between the Lords Commissioners and the Scotts; and then, the several Papers being read, a clear Understanding of them was given by the Earl of Bristoll; and so they [ (fn. 1) of the] House of Commons have returned to their House."

Sir Richard Wiseman's Cause.

Ordered, That Sir Richard Wiseman's Cause shall be heard To-morrow in the Afternoon before the Lords Committees.

Report concerning Cook and Harris.

It was reported by the Lords Committees for Imprisonments, etc. That they have considered of the Petition of Richard Cooke and Robert Harris, of Harpole, in the County of North'ton: That Nicholas Marrett the Younger, Constable of the said Town, returned the Petitioners Names to the Deputy Lieutenants of the said County, for refusing (as he pretended) to pay Coat and Conduct Money, although the Petitioners were never rated, nor the same demanded of them; and that the said Deputy Lieutenants returned the Petitioners Names to the Lords of the Privy Council; who appearing, were dismissed from Attendance, and by their Lordships Order referred to the said Deputy Lieutenants, and one of the Treasurers of the said County, to examine the Matters, and certify; which accordingly they have done, and inclosed, in a Letter, under Seal of one of the said Deputy Lieutenants, directed to Sir William Beecher, Clerk of the Council, the Truth of the Premises. Thereby the Petitioners have spent in Charges above Ten Pounds, only occasioned by the said Marrett's Return. That the Lords Committees thought fit, That Nicholas Marrett, the Constable, be discharged; and that the Deputy Lieutenants that made the Warrant, or returned the Petitioners Names, be sent for, to appear before their Lordships, by Order of this House; it being for a Business altogether illegal; all which was Ordered accordingly.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 13^m diem instantis Januarii, hora nona Aurora, Dominis sic decernentibus.