House of Lords Journal Volume 4: 13 February 1641

Pages 161-162

Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Sabbati, videlicet, 13 die Februarii.


Sir Robert Barckley's Bail discharged.

It was moved, That Mr. Justice Heath and Sir John Lenthall, Knight, be discharged from their Recognizance, wherein they stood bound with Mr. Justice Barckley, for his Forth-coming; which was Ordered by the House accordingly, and the Recognizance to be vacated.

Proclamation for Lord Finch's Appearance to be issued.

Ordered, That a Proclamation be sent forth, to all the Counties of England and Wales, to summon Jo. Lord Fynch, late Lord Keeper of the Great Seal of England, to appear Personally before the Lords in Parliament, to answer to an Accusation of High Treason brought up against him by the House of Commons; which Appearance of his is to be on the 10th of March next ensuing; and the said Proclamation to be in hæc verba: videlicet,

The Proclamation.

"Rex Vicecomitibus etc. Salutem. Cum Communltas Regni Nostri Angliæ, in præsenti Parliamento, Johannem Dominum Finch de Fordich, nuper Custodem Magni Sigilli Angliæ, de Alta Proditione accusaverit et impetierit; cumque per Dominos Temporales, in eodem Parliamento, de Assensu et Avisamento Nostris, ordinatum existit, quod Proclamatio per totum Regnum Nostrum Angliæ publice fiat, quod idem Johannes Dominus Finch, in propria Persona sua, compareat, et se reddat, coram Nobis et præsatis Dominis, decimo die Martii proxime futuro, ad respondendum de eadem Proditione; et ad standum recte coram Nobis et præ satis Dominis in hac parte; Nos, volentes prædictam Ordinationem effectui debito mancipari, tibi præcipimus, firmiter injungendo, quod statim, visis præsentibus, in singulis Civitatibus et Villis Mercatoriis, et aliis Locis, in Balliva tua, ubi melius expediri videris, ex parte Nostra; publice proclamari facias, quod prædictus Johannes Dominus Finch, in propria Persona sua, compareat et se reddat, coram Nobis, et præsatis Dominis, in præsenti Parliamento Nostro, decimo die Martii prædicto, ad respondendum de Proditione prædicta, et standum recte coram Nobis et præsatis Dominis, in hac parte, juxta formam Ordinationis prædictæ et Nos de Diebus et Loeis Proclamationis prædictæ, cum facta fuerit, sub Sigillo tuo distincte et aperte, sine Dilatione, reddas certiorem, hoc Breve Nobis remittens."

Leave to Sir William Pennyman, to speak with the Earl of Strafford.

Report of the Conference concerning the Amendments of the Bill to prevent the too long Intermission of Parliaments.

Message to the H. C. for a further Conference touching this Bill.

Ordered, That Sir William Pennyman have Leave to speak with the Earl of Strafford, at The Tower, about some Business concerning his Estate.

The Lord Privy Seal reported, That the Lords Committees of this House have met with the Committees of the House of Commons, and are agreed upon the Additionals and Amendments in the Act for preventing the Inconveniencies which happeneth by the long Intermission of Parliaments, sent to the House of Commons from this House; which Additionals and Amendments, being read Three Times, were agreed by all, nemine contradicente, fit to pass with the Bill, and to be sent down. Hereupon a Message was sent to the House of Commons, by the Master of the Rolls and Mr. Justice Foster: To desire a Conference, with a select Committee of both Houses, touching the Bill for Triennial Parliaments, in the Painted Chamber, presently, if it standeth with their Conveniency.

Benbrigg to make his Submission.

Upon reading the Petition of Phillip Bembrigg, it was Ordered, That the said Bembrigge do appear here on Monday next, and make his Submission, according to a former Order of this House.

Judgement against Dr. Pocklington, to be put in Execution.

Ordered, That all whom it concerns, shall put in Execution the Judgement of this House against Dr. Pocklington.

Answer from the H. C.

The Answer to the Message from the House of Commons was: That they will give a Meeting presently.

Hereupon the same Lords Committees to whom this Bill was first committed, were appointed now to meet at this Conference.

Bill to prevent the too long Intermission of Parliaments.

The House being adjourned during Pleasure, the Lords went to the Conference; which being done, the House was resumed; and the Lord Privy Seal reported to the House, That the Lords Committees have delivered to the Committees of the Commons the Bill for Triennial Parliaments, together with the Additionals and Amendments.

Message from the House of Commons, for a Conference about disbanding the Irish Army, etc.

After this, a Message was delivered by Sir Robert Harlow, from the House of Commons: To desire a Conference, with a Committee of both Houses, at their Lordships best Conveniency, touching Three Particulars:

First, concerning he disbanding the new Army in Ireland.

Secondly, about disarming of Papists in England.

Thirdly, about removing the English Papists from the Court.


The Answer to the said Message was, That their Lordships will give a present Meeting, in the Painted Chamber.

Lords appointed to report this Conference.

The Lord Privy Seal,
Earl Marshal,
Earl Bath,
Earl Bristoll,
Lord Viscount Say et Seale,

Were appointed to report the Conference.

The House was adjourned during Pleasure; and the Lords went to the Conference; which being ended, the House was resumed; and, it being late, it was Ordered, That the Report of the Conference shall be upon Monday Morning next.

The Petition of the Earl of Strafford was read, in hæc verba:

Earl of Strafford's Petition for a longer Time to put in his Answer.

"To the Right Honourable the Lords Spiritual and Temporal in the High Court of Parliament assembled.

"The humble Petition of Tho. Earl of Strafford, His Majesty's Lieutenant General of Ireland.

"Most humbly sheweth,

"That, in Obedience to your Lordships Order of the Third of this Instant, he hath applied himself, with his best Endeavours, to prepare his Answer to the Charge against him by Wednesday next; having, immediately after the Copy of the Charge taken out, sent a Messenger expressly into Ireland, for Copies of such Records, Warrants, and other Writings, as he must necessarily use in framing his said Answer; but, the Winds having ever since been so contrary, he cannot yet see any Likelihood that the said Messenger hath yet gotten a Passage into Ireland.

"He therefore humbly beseecheth your Lordships to be pleased to grant him a longer Time for putting in his Answer; by which he doubts not but to clear himself of all the Accusations laid against him, and to appear a Person capable of your Lordships Favour and good Esteem.

"So, with all due Thankfulness, acknowledging your Lordships many Noble Respects towards him, he humbly desires the Continuance thereof.

"And he shall wish unto your Noble Lordships all Increase of Honour and Happiness.



Ordered, That this Petition be Rejected.

Lord Morley's Cause to be heard.

Ordered, That the Lord Morley's Cause be heard upon Monday come Sevennight, videlicet, 22d Day of February; and then all Parties to appear, and Witnesses to be produced.

Sutton Marsh.

Ordered, That the Cause for Sutton Marsh be heard on Friday, the 19th of February.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 15m diem instantis Februarii, hora nona, Dominis sic decernentibus.