House of Lords Journal Volume 4: 22 February 1641

Pages 168-170

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 Lunæ, videlicet, 22 die Februarii.


Millet's Bill.

Ordered, That the Committee for Mr. Millett's Bill do meet upon Friday Morning.

Spencer's Naturalization.

Hodie 3a vice lecta est Billa, An Act for Naturalizing of Dorothy Spencer, Daughter of Henry Lord Spencer, of Wormeleighton; and, being put to the Question, it was Agreed to pass, nemine contradicente.

Kirke's Naturalization.

Hodie 3a vice lecta est Billa, An Act for Naturalizing John, James, Mary Kirke, now Wife of Jo. West, etc. and, being put to the Question, it was Consented to pass, nemine contradicente.

Lady Purbeck to have Witnesses.

Ordered, That the Lady Purbeck may have Warrants to send for such Witnesses as she shall have Occasion to use, upon the Hearing of her Cause.

Smith versus Busby in Error.

The Lord Keeper acquainted the House, That the Chief Justice hath received a Writ of Error, to reverse in Parliament a Judgement given in the King's Bench, in the Cause between Smith et al. and Busbie et al. The Record being at the Door, the Lord Chief Justice went out, and brought the Record into the House, with the Transcript; and, having made Three Obeisances before he came to the Bar, and then afterwards Three Obeisances more, he laid them both down on the Lord Keeper's Wool-sack. The Clerk of the Parliament received the Record and the Transcript, and brought them to his Table; and, after the House was adjourned, the Clerk examined the Transcript by the Record, and returned presently the Record by the Officer that brought it.

Writ of Error for the Lord Audley's Attainder.

After the same Manner, the Record and Transcript of the Attainder of the Lord Awdley was brought in by the Lord Chief Justice, and the Transcript examined by the Clerk, etc.

Cole and Palmer's Submission touching the Countess of Exeter's Complaint, and discharged.

It was moved, That whereas Jeremie Cole, Alderman of Stamford, and Tho. Palmer, were, upon the Complaint of the Lady Elizabeth Countess Dowager of Exeter, sent for by the Messenger of this House, to appear here in this House, to answer their Offences; they having submitted themselves to the said Countess of Exeter, as by a Paper which was read appeared; it was Ordered, That, upon this Submission, they might be discharged, and dismissed from further Attendance and Prosecution in this House. The Contents of their Submission followeth: videlicet,

Whereas divers People riotously gathered together at Stamford the 30th Day of December, and cast in the Banks of a Water-course lately made by the Right Honourable the Lady Elizabeth Countess Dowager of Exeter, to the King's Mills there, and likewise broke down a Stone Bridge, built over the same Water Course; we, Jeremy Cole Alderman of the said Town, and Thomas Palmer of the same, Two Justices of Peace there, do humbly desire her Ladyship to be pleased to pass by such Offences as we committed, in not suppressing the said Riot, and in not proceeding against the Offenders, as we ought by Law to have done (our Offence proceeding out of Ignorance, and not out of Wilfulness); for which we are sorry, and do further humbly (fn. 1) beseech the said Countess to procure our Dismission from the most Honourable and High Court of Parliament; and we do hereby promise to cause the said Bridge to be re-built as sufficient as it was. Witness our Hands, this 21st Day February, 1640.

"Jer. Cole, Alderman.
Tho. Palmer."

E. of Nottingham's Privilege. Weld's arrest.

Ordered, That Robert Forrest, Henry Underwood, Attorney, Penn the Solicitor, and Davenport the Serjeant, that arrested Jer. Weld, menial Servant to the Earl of Nottingham, shall be brought to appear here To-morrow Morning, to answer the same.

Ld. Trowbridge introduced.

This Day Sir Francis Seymour, being created Baron de Trowbridge, was introducted, between the Lord Pagett and the Lord Howard de Charleton; he having delivered his Patent and Writ upon his Knee unto the Lord Keeper, dated the 19th of February, 16° Car. Regis, they were both delivered to the Clerk, who carried them to his Table, and read the Writ; which being done, he was brought by the Lord Great Chamberlain, and the Lord Mowbraye, who was deputed Lieutenant by the Earl Marshal his Father, and placed lowermost upon the Barons Form.

Marquis of Winchester's Bill.

The Lord Marquis of Winchester's Bill was reported, with the Amendments and Additions; which being read Twice, was Ordered to be ingrossed.

Memorandum, The Bond of Ten Thousand Pounds, entered into by the said Marquis of Winchester, for preserving of Woods, and preventing committing of Waste on the Lands, is to be kept in the Hands of the Lady Viscountess Savage, Grandmother to the Lord Marquis's Son.

Ld. Mowbray to shew his Authority to be Lieutenant to the Earl Marshal.

It was moved, That the Lord Mowbray might shew by what Authority he is his Father's Lieutenant in the Office of Earl Marshal; which is referred to be considered of by the Committee of Privileges.

Motion whether the Lords of this House that voted the Accusation in the Lower should be Judges of the Earl of Strafford.

It was moved, That the House would consider whether it be fit that those Members of this House, that voted in the House of Commons in the Accusation of High Treason against the Earl of Strafford, should be Judges in this House against him for the same Cause. Hereupon it was Ordered, That this Business be debated in the House To-morrow Morning.

Ld. Rich et al. desired to be excused being Judges of him.

Memorandum, That the Lord Rich and the Lord Howard de Charleton desired the House, That they, having voted in the House of Commons against the Earl of Strafford, might be excused from being Judges. In like Manner did the Lord Keeper, being at that Time a Commoner.

Debate about removal of English Papists from Court.

After this, the House fell to debate of the last Part of the Conference with the House of Commons; to wit, concerning the removing of the English Papists from the King's Court, especially Four particular Persons; Mr. Walter Mountague, Sir Kenelme Digby, Sir Toby Mathewes, and Sir Jo. Winter; and, after some Time spent, it was Ordered, That the further Debate thereof be Tomorrow Morning.

A Message from the House of Commons, by the Lord Russell:

Message to the H. C. about the E. of Strafford.

To desire a Free Conference, by a Committee of both Houses, touching the Proceedings in the Earl of Strafford's Case; and this to be with as much convenient Speed as their Lordships please to appoint.


The Answer to the said Message was:

That this House will give the House of Commons a Meeting presently, in the Painted Chamber, as is desired.

Ld. Keeper to report the Conference.

The House appointed the Lord Keeper to report the Free Conference; and the Lord Privy Seal, Earl of Bath, and Earl of Bristoll, to be Assistants.

Conference reported.

The House being adjourned during Pleasure, the Lords went to the Free Conference; which being ended, the House was resumed; and the Lord Keeper reported the Effect of the Free Conference, with the House of Commons: who prayed the Lords "to admit the Earl of Strafford no further Use of Counsel than is agreeable with the ancient Course of Proceedings in Parliament and the Rules of Law, especially in this Case that will not admit of any but necessary Delays, in respect of the Pressingness of the Time, the Heiniousness of the Crime, and the Quality of the Persons, the Accusers being the Subjects of Three Kingdoms."

And, because of the Shortness of Time now, it was Ordered, This Business be debated To-morrow Morning.

Countess of Denbigh, Time given to appear in Lady Purbeck's Cause.

Ordered, That the Countess of Denbigh have Four or Five Days longer given her, to appear in the Cause of the Lady Viscountess Purbecke.

Ld. Morley's Cause.

It was moved, That the Lord Morley might have an Order for bringing in the Indictment and other Records against him in the King's Bench, for killing Captain Clarke; and that the Lord Chief Justice do likewise attend the Lords Committees for Privileges this After noon, at the Hearing of the said Cause; which was Ordered accordingly.

Lords deputed in the E. Strafford's Case to have a Commission to examine Goring.

Ordered, That a Commission, under the Great Seal of England, be issued, to give Power to the Lords deputed to examine George Goringe, Esquire, in the Earl of Strafford's Cause.

Answer to the last Message.

After this, the House sent a Message by Justice Foster and Serjeant Whitfeild: To let the House of Commons know, That their Lordships are now in a Cause of great Weight, and will take it into Consideration, and send an Answer in convenient Time, by Messengers of their own.

His Majesty's Approbation of the Proceedings of the House touching the Treaty with The States.

The Lord Viscount Say et Seale reported, That the Lords appointed by this House have acquainted His Majesty with what Resolutions this House had taken concerning the Four Propositions of The States; and that His Majesty takes it well from their Lordships, and did approve of the Way, and desired their Lordships to proceed in the Treaty.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 23m diem Februarii, hora nona, Dominis sic decernentibus.


  • 1. Deest in Originali.