House of Commons Journal Volume 2: 25 February 1641

Pages 92-93

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 Jovis, 25 Feb. 1640.



WHEREAS a Tenant to Mr. Rashley, a Member of this House, is sued at * * And whereas the said Suit concerns the Freehold of the said Mr. Rashley, as was this Day affirmed by a Member of this House; in regard whereof the said Mr. Rasheley is as much obliged to the Defence of that Suit, as if himself were Party to it: It is therefore ordered, that Mr. Speaker write his Letter to the Justices of Assize for the County of * *, where the Suit lies, requiring them to stay all Proceedings, that concern that Suit.

Wolstanton Rectory.

1a vice lecta est Billa, An Act for Settling of the Rectory of Wolstanton in the County of Staff', upon Ralphe Sneade, Esquire, and his Heirs.

Jesus Col. Cambridge.

Ordered, That Mr. Gatford's Petition, on the Behalf of Jesus College in Cambridge, be referred to the Committee for the Universities, where Sir Robert Harly has the Chair.

Marleborough Writ

Ordered, That a Warrant issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ for Electing of a Burgess to serve for the Town of Marleborough, in the Room and Stead of Sir Fr. Seymour, formerly returned to serve as a Burgess for that Town, and now since created a Baron, and called up to the Lords House.

Committee added.

Ordered, That whereas Sir Fr. Seymour was One of the Committee of Twenty-four, that were appointed to draw up the Remonstrance, and is now called up to the Lords House, That Sir Edw. Hungerford be added to that Committee in his Stead.


1a vice lecta est Billa, An Act concerning Pluralities.

Trials by Bataille.

1a vice lecta est Billa, An Act to abolish all Trials by Bataille.

Tillage, &c.

2da vice lecta est Billa, An Act concerning the Conversion of Tillage into Pasture; and, upon Question, committed unto Sir Robert Harley, Sir Guy Palmes, Mr. Whitehead, Sir H. Anderson, Sir Walth. Erle, Mr. Glyn, Mr. Crue, Mr. Young, Sir Robert Crane, Sir Gilbert Gerard, Sir Edw. Askew, Sir Arth. Haslerig, Sir Edw. Hales, Sir Edw. Hungerford, Mr. Perd, Lord Falkland, Lord Fairefax, Mr. Moore, Mr. Renolds, Mr. Purefry, Sir Edm. Vowell, Mr. Maynard, Mr. Rigby, Sir Edm. Mountfort, Sir Rich. Buller, Mr. Hatcher, Mr. Lawrence Whitaker, Sir Sidney Mountague, Sir Jo. Wray, Sir Wm. Strickland, Mr. Ofield, Mr. Dutton, Mr. Hayman, Mr. Broxam, Sir Wm. Lewis, Mr. Potts, Mr. Sallaway, Sir Anth. Irby, Mr. Shuttleworth, Mr. Smyth, Mr. Hill, Sir Jo. Holland, Mr. Tate, Mr. Noble:

They are to meet on Tuesday next in the Afternoon, at Two of Clock, in the Exchequer-court.


1a vice lecta est Billa, An Act concerning Apparel.

* * * *

Star-chamber Proceedings.

Resolved, upon the Question; 1. That the Proceedings against Doctor Bastwick in the Star-chamber, and the Sentence of that Court against him, and the Execution of that Sentence, are against the Law and Liberty of the Subject; and that the Sentence ought to be reversed; and Doctor Bastwick discharged of the Fine of Five thousand Pounds, and of his Imprisonment, and to have Reparations for his Damages sustained by the foresaid Proceedings, Sentence and Execution.

Resolved, upon the Question; 2d. That the additional Orders and Warrants of the Council-board, concerning the Exile and Transferring of Doctor Bastwick from the Castle of Launceston into the Isles of Sillies, and his Transferring thither, and Imprisonment there, are against the Laws and Liberty of the Subject; and that he ought to be discharged of that Imprisonment, and to have Reparations for his Damages sustained thereby.

Present at the Sentence in the Star-chamber.
Lord Keeper, Earl Moreton,
Lord Treasurer, Ld. Viscount Wimbledon.
Lord Privy Seal, Lord Cottington,
Ld. Duke of Lenox, Lord Newburgh,
Lord Marquis Hamilton, Sir H. Vane,
Earl of Lindsey, Sir Tho. Jerman,
Earl of Arundell and Surry, Secretary Coke,
Earl of Pembroke, Secretary Windebank,
Earl of Dorsett, Ld. Chief Justice Bramston,
Earl of Bridgewater, Ld. Chief Justice Finch.
Earl of Holland,
At the Court at Oatelands, Aug. 27, 1637.
Present, the King's most Excellent Majesty.
Ld. Archbp. of Canterbury, Lord Treasurer,
Ld. Keeper Ld. Duke of Lenox,
Ld. Marquis Hamilton, Ld. Viscount Wimbleton,
Earl Marshal, Mr. Comptroller,
Earl of Dorsett, Mr. Secretary Coke,
Earl of Holland, Mr. Secretary Windebank,

These were present at the Making of the Order for the Transferring of Bastwick, Burton, and Prinne, into Exile, into several Islands, &c.

Impeachment of E. of Straford.

A Message from the Lords, by Judge Reeves, and Judge Foster;

The Lords desire a Conference with this House, by a Committee of both Houses, touching the Answer of the Earl of Straford, presently, if it may stand with the Conveniency of this House, in the Painted Chamber.

Star-chamber Proceedings.

Ordered, That the Debate of Dr. Bastwick's Business be resumed immediately after the House shall return from the Conference.

Impeachment of E. of Straford.

Answer returned by the same Messengers;

That this House has taken their Lordships Message into Consideration, and will give a Meeting presently, as is desired.

Mr. Solicitor, Mr. Maynard, Mr. Pimme, Mr. Reignolds, Mr. Palmer, Mr. Hampden, are appointed Reporters of the Conference.

Mr. Solicitor reports from the Conference, that Yesterday was the Day the Lords had prefixed for my Lord of Straford to give in his Answer; that, accordingly, he was there, and had given it in; and that this Answer, which now they had delivered to the Commons, was the Answer, which the Earl of Straford was to stand or fall by.

The ingrossed Answer, and a Copy of it, were both delivered in by the Reporters; and it was desired, that, when the Copy was perfectly examined, the Original might be delivered to the Clerk of their House.

Ordered, That Mr. Speaker be here this Afternoon, at One of Clock; that the Earl of Straford's Answer may then be read and considered.