Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Veneris, 12 Martii, 1640.
Differences between Serj. Wilde, &c.
ORDERED, That those Four Gentlemen, to whom the Differences between Sir H. Herbert, and Mr. Serjeant Wilde, are referred, shall have Time given them to compose these Differences, if they can, till Monday come Sevennight.
Countess of Exeter's Estate.
2da vice lecta est Billa, An Act for the Establishing and Estating of the Hospital of St. Leonard's, near Newarke upon Trent, in the County of Nottingham, &c. upon the Countess Dowager of Exeter; upon Question committed unto Lord Fairefax, Sir Gilbert Gerard, Mr. Sutton, Mr. Cage, Ld. Grey, Sir Jo. Wray, Mr. Mountague, Sir Edmund Vowell, Mr. Hunt, Sir H. Mildmay, Sir Gervase Clifton, Ld. Ruthyn, Sir Arth. Haselrig, Mr. Erle, Mr. Knightley, Sir Robert Hatton, Mr. Law. Whitaker, Sir Geo. Dallston, Sir Guy Palmes, Mr. James Fines, Mr. Fitzwilliams, Mr. Gerard, Sir Robert Crane, Sir Ralfe Hopton, Mr. Smyth, Sir Th. Gorge, Lord Compton, Sir Arth. Ingram, Mr. Rigby, Mr. Prideaux, the Knights and Burgesses of Lincolneshire and Nottinghamshire; they are to meet this Afternoon, at Two of Clock, in the Star-chamber.
Mr. Rigby reports from the Committee for the Starchamber, the Case of Mr. Burton.
* * * *
Upon this Report, it was
Resolved, upon the Question, 1. That these Four Commissioners, Dr. Worrall, Dr. Sammes, Dr. Duck, and Dr. Wood, proceeded unjustly and illegally, in suspending Mr. Burton ab Officio & Beneficio, for not appearing upon the Summons, the first Process.
2. Resolved, upon the Question, That the Breaking open of Mr. Burton's House, and arresting his Person, without any Cause shewed, and before any Suit depending against him in the Star-chamber, and his close Imprisonment thereupon, are against the Law, and Liberty of the Subject.
3. Resolved, upon the Question, That John Wragg hath offended, in searching and seizing the Books and Papers of Mr. Burton, by Colour of the general Warrant dormant from the High Commissioners; and that That Warrant is against the Law, and Liberty of the Subject: And that Serjeant Dendy, and Alderman Abell, have offended in breaking open the House of Mr. Burton.
Resolved, upon the Question, That Mr. Burton ought to have Reparations and Recompence for the Damages sustained by the foresaid Proceedings.
Resolved, upon the Question, That Dr. Samms, Dr. Duck, and Dr. Wood, who suspended Mr. Burton, ab Officio & Beneficio, for not appearing upon the Summons, the first Process, ought to make Reparations unto the said Mr. Burton, for his Losses and Damages sustained by that Suspension.
Resolved, upon the Question, That Serjeant Dendy, and Alderman Abell, ought to make Reparations to Mr. Burton, for the Damage he sustained by the breaking open his House without any legal Warrant.
Resolved, upon the Question, That Jo. Wragg ought to make Reparations to Mr. Burton, for the Damage he sustained by the breaking open his Study, and seizing his Books and Papers.
Resolved, upon the Question, That the Warrant from the Council-board, dated at Whitehall, Februarii, 2do, 1636, for the committing of Mr. Burton close Prisoner, and the Commitment thereupon, is illegal, and contrary to the Liberty of the Subject.
Resolved, upon the Question, That Mr. Burton ought to have Reparations for his Damages sustained by this Imprisonment.
Resolved, upon the Question, That the Archbishop of Cant', the Bishop of London, the Earl of Arundell and Surry, the Earl of Pembroke and Montgomery, Sir H. Vane, Sir J. Coke, and Sir Fr. Windebank, do make Reparations to Mr. Burton, for his Damages sustained by this Imprisonment.
A Message from the Lords, by Serjeant Ayloff, and Dr. Mason:
The Lords desire a Conference, by a Committee of both Houses, presently, in the Painted Chamber, if it may stand with the Occasions of this House, touching the Affairs of the Northern Parts.
Answer returned by the same Messengers; that this House has taken their Lordships Message into Consideration, and will give a Meeting presently, by a Committee of the whole House, as is desired.
Mr. Hide, Ld. Falkland, Ld. Digby, Mr. Reynolds, Mr. Nath. Fines, Sir Edw. Hungerford, are appointed Reporters of this Conference.
Trial of E. of Straford.
Mr. Whittlock reports from the Earl of Straford's Committee, such Heads as that Committee does present to this House, to be the Heads of a free Conference to be desired with the Lords, concerning the Matter of the last free Conference with the Lords, touching the Trial of the Earl of Straford.
Upon this Report, it was
Resolved, upon the Question, that this shall be the First Head of that free Conference; First, as concerning Place:
That this House doth conceive, that although the Bar in the Lords House be removed, and some Members thereof absent, yet, without the Bar, the Room will not be sufficient to contain the Members of the House of Commons; and that their Lordships would be pleased to direct some other Place for the Trial:
For the Precedents concerning the Place, their Lordships take Notice in their Conference, that the Parliament that sat in the Chambre Blanche, as they did 1° R. 2.- But the Parliament being summoned to appear at the King's Palace at Westminster, if one Room be not convenient, another may be desired, that shall be more convenient.
Resolved, upon the Question, That this shall be the Second Head of that free Conference:
That the Earl of Straford being impeached by the Commons, it doth belong to the House of Commons to resolve how to be present at the Trial; and that, of Right, they may come as a House, if they please; but, however, they are resolved to send their own Members, as a Committee of the whole House.
Resolved, upon the Question, That this shall be the Third Head of that free Conference:
That, by the Managing of the Evidence, this House doth mean the ordering, applying, and enforcing the Evidence, according to the Truth of the Fact.
Ordered, That the Fourth Head of this Report, now made from the Committee of the Earl of Straford, concerning the Matter of Counsel, be recommitted to the same Committee, with the Addition of the Lawyers of the House, as was Yesterday made: And they are likewise to take into Consideration, what those Gentlemen have incurred, that have been of Counsel with the Earl of Straford, he being accused of High Treason by this House, in the Name of themselves, and of all the Commons of England; and to present to this House what they think is fit to be done in that Business: And
Mr. Perpoint, and Mr. Martin, are added to this Committee, as to this Business; and they are to meet this Afternoon, at Two of Clock, in the Treasury-chamber.