House of Commons Journal Volume 2: 12 April 1641

Pages 118-120

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 Lunæ, 12 April, 1641, 17; Car. Regis


Duncombe's Estate.

1a vice lecta AN Act for Settling and Confirming of est Billa, certain Lands and Tenements in the Country of Yorke, and Bishoprick of Durham, upon Edmund Duncombe, and Hester his Wife, according to several Decrees in the Court of Wards and Liveries.

Customers Fees.

Ordered, That the Bill concerning Customers Fees be read, when the Bill for Tonage and Poundage shall be read.

Prisoner to be examined.

Ordered, That Sir Ro. Pye, Sir H. Anderson, Sir Gilbert Gerrard, and Mr. Lawrence Whittaker, presently repair to the Prison of the Gate-house, and take Mr. Heywood with them, to examine one Browne, a Priest, in Prison there; who says he has something to reveal, worthy the Knowledge of this House: And they are to make Report thereof to this House.

Spencer's Nat.

2da vice lecta est Billa, An Act for the Naturalizing of Dorothy Spencer, Daughter of Henry Lord Spencer, Baron of Wormeleighton; it being resolved by Question, that it should not be committed; the Question was put for the Reading of it the Third time; the which passing with the Affirmative; it was read the Third time; and, upon Question, passed.

Clerke's Nat.

2da vice lecta est Billa, An Act for the Naturalizing of Simon Clerke, Son to Peter Clerke Esquire, deceased, and Grandchild to Sir Simon Clerke of Sallford in the County of Warwick, Baronet; and, upon the Question, committed unto the Committee for De Vischer and Heren, & al.

The Gospel.

2da vice lecta est Billa, An Act for the more free Passage of the Gospel; upon Question, committed unto Sir Jo. Hotham, Sir Ben. Rudyard, Sir Guy Palmes, Mr. Rigby, Sir Edm. Mountfort, Mr. Cradock, Mr. Whitehead, Sir Arth. Heselrigg, Mr. Kirton, Sir Simonds D' Ewes, Mr. Bagshawe, Sir Edw. Hungerford, Sir Anth. Irby, Mr. Treasurer Mr. Hollis, Sir Jo. Colpeper, Sir Jo. Strangewayes, Mr. White, Sir Tho. Barrington, Sir Jo.Holland, Mr. Knatchbull, Mr. Pierrepoint, Sir Wm. Litton, Lord Digby, Mr. Wheeler, Mr. Ralphe Goodwyn, Sir Tho. Widrington, Sir Roger North, Mr. Strangewayes, Mr. Hatcher, Mr. Tomkins, Sir Oliver Luke, Mr. Northcott, Sir Tho. Middleton, Sir Tho. Bowyer, Lord Compton, Sir Jo. Evelyn, Mr. Whistler: All, that will come, are to have Voices at this Committee: And are to meet on Thursday next on Two of Clock, in the Court of Wards.

Proceedings concerning Browne.

Ordered, That the Keeper of the Gate-house be forthwith required, from this House, to suffer no Man besides Mr. Heywood, One of the Justices of the Peace for Westminster, to speak with Browne the Priest, a Prisoner there, until the Committee, appointed by this House to examine him, shall have fully examined him.

Ordered, That Sir Robert Pye, Sir H. Anderson, Sir Gilbert Gerrard, and Mr. Lawrence Whittaker, be added to the Committee for the Roman Hierarchy: And they are to sit this Afternoon, in the Court of Wards: And the Examining of Browne is referred unto them: And they are to give forth no Copies of his Examinations till they have fully examined him.

Privilege- Lady Sandy's Assessment.

Ordered, That it be referred to the Committee for Privileges to examine the Matter of assessing, by the Lords, towards the Payment of the last Subsidies, the Lady Sandys, Dowager to the Lord Sandys, and now Wife to Sir Jo. Holland Baronet, a Member of this House: And That Committee is to sit upon it To- morrow in the Afternoon: And the Committee is likewise to take into Consideration all Cases of the like Nature.

Apprehending Priests.

Ordered, That Sir Jo. Wray, and Mr. Alderman Penington, do presently repair to the Lord Mayor of London, or either of the Sheriffs, and give them Notice where many Priests are now lodged; and to require them, from this House, that some speedy Course be taken for the Apprehending of them.

Proceedings against Earl of Straford.

Heads of a Conference to be desired with the Lords, touching the Proceedings against the Earl of Straford.

1. A Narrative of the Evidence the Committee intended to have gone on, on Saturday last; concerning which they resorted to the House of Commons for farther Direction: To which Evidence Two Members of this House were ready to depose.

The House fell into a great and long Debate of the Second Head: - And in the mean time, Mr. Hampden went up to the Lords with this Message;

To signify unto their Lordships, that this House is now in Debate of a Business of great Importance, which they do intend to communicate unto their Lordships; but are not yet fully ready for a Conference; and therefore they do intreat, their Lordships would be pleased to sit a little while; and they hope they shall come up very suddenly unto them.

Leave of Absence.

Whereas Mr. Rigby had formerly Leave granted him to go into the Country, and to return within Three Weeks; he has now Liberty to go, and to return in convenient Time.

Sir Jo. Strangewayes has Leave to go into the Country upon his great Occasions; and to return in convenient Time.

Earl of Straford's Trial.

The Earl of Straford's Committee, who retired to prepare the Second Head, after some Stay, returned; and presented this following to the House for a Second Head; which was read; and allowed of by the House; viz.

2. That the House, having taken Consideration thereof, did conceive it very material; but, in regard of the Danger and Distractions of the present Times, and that much Time might be spent in Debate, touching the Admitting of that Evidence, they resolve to come to a general Reply; setting aside that Evidence for this time; saving to themselves their Rights to make use of the said Evidence, for the farther Prosecution of the Three-and twentieth Article, if their Lordships shall be unsatisfied concerning the same, without admitting the said Earl of Straford to examine upon any of the other Articles; which the House doth do, to the end that the Business might come to some speedy Conclusion; the Loss of Time being of extreme Danger, and ill Consequence, to the Commonwealth, as they conceive.-

Lords to sit.

Mr. Hampden brings Answer, that the Lords will sit a convenient Time.-

Proceedings against Earl of Straford.

3. The Third Head: That, upon Occasion of Discovery of this Evidence, a Paper was read in the House; whereby it did appear, that at the same time, when the dangerous Words were spoken by the Earl of Straford, touching the bringing the Irish Army into England, other Words were spoken by Two others, then present, decyphered by these Letters, L. Arch. L. Cott, (by which we conceive is meant the Lord Archbishop of Canterbury, and the Lord Cottington,) very full of pernicious Counsels to the King, and Slander to the Commons assembled in the last Parliament; as will appear, if their Lordships will be pleased to hear the Paper read: Which Paper the Committee is commanded to read; and leave it to their Consideration; and to desire, that their Lordships will take some Course, that it may be duly examined by whom these Words were spoken; that there may be some farther Proceedings to prevent the Dangers that may ensue thereupon; and that those Counsels may be looked into, and searched to the Bottom.

These Three Heads were all severally put to the Question; and, by Resolution upon the Question, Ordered to be the Heads of this Conference.

Mr. Strode went up to the Lords with this Message; to desire a Conference with their Lordships, by a Committee of both Houses, touching the Proceedings against the Earl of Straford, and some other Matters lately discovered.

Bogan's, &c. Nat.

2da vice lecta est Billa, An Act for the Naturalizing of Richard Bogan, Christopher, Hester, and Magdalen Bogan, Children of Rich. Bogan, of London Esquire; upon Question, committed unto the Committee for De Vischer, and Heren, & al.

Attainder of Earl of Straford.

Ordered, That, at the next Sitting of the House, the Bill for the Attainder of Tho. Earl of Straford shall be read the Second time: And Mr. Speaker is to put the House in mind of this Order.

Mr. Kirton.

Ordered, That Mr. Speaker put the House in mind, the next Sitting, of Mr. Kirton's Carriage at this time.

Trial of Earl of Straford.

A Message from the Lords, by J. Heath and Serjeant Glanvile;

The Lords desire a present Conference, by a Committee of both Houses, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the last Conference about the Proceedings against the Earl of Straford.

Answer returned by the same Messengers; that this House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.

The Committee appointed to manage the Evidence at the Trial of the Earl of Straford are appointed Reporters of this Conference.

Mr. Glinne reports the Conference with the Lords concerning the Proceedings at the Trial of the Earl of Straford;

That the Lord Steward did speak in the Name of the Lords; and did declare, that the Lords are resolved this House may proceed, as formerly was intended, before the Offer of farther Evidence to be propounded: The Lord of Straford to recollect his Evidence first; and That being done, the Members of the House of Commons to state their Evidence: And this to be done To-morrow Morning; whereof they will give the Earl of Straford notice.


Ordered, That the House meet, as a Committee, To- morrow at Eight of Clock, at Westminster-hall, at the Trial of the Earl of Straford; and, as a House, here at One of Clock in the Afternoon.