House of Lords Journal Volume 4: 12 April 1641

DIE Lunæ, videlicet, 12 die Aprilis.

PRAYERS.

E. of Cleveland versus L. P. Herbert, touching the Manors of Stepney and Hackney.

The Counsel of the Earl of Cleveland were called in, to shew why the Lord Phillip Herbert and others should not have the actual and real Possession of the mortgaged Lands of Stepney and Hackney, according to an Order made the 8th Day of January 1640, by the Lords Committees for Petitions.

The Counsel of the Earl of Cleveland alledged, "That his Lordship hath put in a Bill into this House, according to the Order, and therefore desires to be still in the Possession; and desired that he may be enabled, by the Act of Parliament, to make his Lands liable and disposed to the Payment of all his Creditors; and that, if the Lord Phillip Herbert and others have the said Lands in Possession, that they may perform the Payments of the Debts according to the Tenor of the Act, and be liable thereunto for the same;" but, because it is alledged that the Earl of Cleveland hath put in a Bill into this House, and it appears not that it hath been perused or agreed on by the Counsel of the Lord Phillip Herbert and others; this House doth therefore Order, That the Counsel of the Earl of Cleveland be heard To-morrow Morning, at this Bar, to shew Cause why the Lord Phillip Herbert and others should not have the Possession of the mortgaged Lands of Stepney and Hackney, according to the Order of the 8th of January 1640, and then likewise the Counsel of the Lord Herbert to be present, and be heard, if they desire it.

March et al. versus the E. of Cleveland.

Ordered, That the Petition of Thomas Marche, of Limehouse, and others, Creditors of the Earl of Cleveland, having Estates made unto them from the said Earl, may be considered of when the Bill of the said Earl is committed, that a Provision be made that they quietly enjoy their Estates, according to the Tenor and Intent of their Deeds.

Dr. Cosens and others, to be heard the 5th of May.

Ordered, That the Impeachment brought up from the House of Commons, against Dr. Cosens and others, be read, and taken into Consideration, on the 5th Day of May next; at which Day all the Parties that are charged in the said Impeachment are to appear, according to the Condition of their Recognizances.

Osbaston's Order confirmed, versus Dr. Eglionby.

Upon the Complaint of Lambert Osbaston, Clerk, "That Dr. Eglionby refused to perform the Order of this House made the 6th of April;" it was Ordered, That the said Order be confirmed and performed in all Parts punctually; and the Lord Bishop of Lincolne, Dean of the Collegiate Church of Westm. do see that the said Order be performed forthwith.

Mr. Wentworth to visit the E. of Strafford.

Ordered, That William Wentworth, Esquire, Brother to the Earl of Strafford, shall have Leave and Access to visit the said Earl of Strafford, in The Tower, as often as he shall have Occasion.

Pressing Soldiers in Gloucestershire.

Ordered, That the Commission formerly issued by Order of this House, for Examination of the Abuses in pressing of Soldiers in Glocestershire, be returned into this House, and the said Commission referred unto the Consideration of the Committee for Petitions.

Upon this, Cooke, upon Oath, delivered in the said Commission, as he received it from the Commissioners.

Parrett's Bond for his Appearance.

Parret recognovit se debere Domino Regi Quingentas Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if Parrett, who stands impeached by the House of Commons, shall Personally appear before the Lords in Parliament upon the 5th Day of May next ensuing, and abide the Judgement of Parliament, if any shall be, against him, then this Recognizance to be void; else to remain in Force.

Walker against Sir John Lamb, Order upon the Report.

Whereas the Cause between Doctor Walter Walker and Sir John Lambe was reported to this House the 13th of March last, but nothing then resolved of; their Lordships this Day revived the Cause, and considering that Sir Jo. Lambe hath held his several Offices from him, and hath taken the Profits thereof to himself, being worth One Hundred and Fifty Pounds per Annum, and since, by great Menaces and Oppressions, unduly forced the said Walker to release all Suits and Actions, and to surrender or deliver up into the said Sir Jo. Lambe's Hands both the Patents in Question, without any Consideration at all, to the utter Ruin of the said Walker, and, as he affirms, to his Damage of above Fifteen Hundred Pounds. Upon Consideration of all which Oppressions and indirect Proceedings of the said Sir Jo. Lambe, and his unjust Vexations in the whole Course of the Business, it is finally Ordered, by this House, That the said Sir John Lambe shall pay unto the said Dr. Walker, by Way of Damages, the full Sum of Twelve Hundred Pounds forthwith. And touching his Crimes of stopping the Course of Justice by extrajudicial and illegal Commands, it is further Ordered, That the said Sir John Lambe shall be brought to this Bar as a Delinquent, and there receive Reprehension and Admonition for the same. (fn. 1)

Post meridiem.

PRAYERS.

Supply desired for Berwick.

The Earl of Holland, Lord General, signified to the House, "That he had received Information from Barwicke, that the Provisions of that Town are all spent, and no Provisions are to be had, neither out of Scotland nor out of Northumberland, being all spent in that Country already; so it is to be feared, unless some Provisions be speedily sent them, the Soldiers will desert the Garrison, it being a Place of great Consequence, wherein there are an Hundred Pieces of Ordnance and Ten Thousand Arms; besides the Danger of the Loss of that Town, if there should be any Attempt upon it." Upon this, the House thought it fit, that this should be spoken of at the next Conference with the House of Commons concerning the supplying of the Northern Parts of this Kingdom.

After this a Message was sent from the House of Commons, by Mr. Hampden:

Message from the H. C. to desire that this House would sit some Time.

To let their Lordships know, that they are now debating of a weighty Business, and preparing for a Conference; therefore desire their Lordships that they would sit a convenient Time, and they will come up with a Message.

The Answer to the Message was:

That their Lordships will sit a convenient Time, as is desired.

A Message from the House of Commons, by Mr. Stroude:

Message from the H. C. for a Conference concerning the E. of Strafford.

To desire a Conference, by a Committee of both Houses, touching the Proceedings against the Earl of Strafforde, and some Matters lately discovered.

Answer to the said Message was:

Answer.

That their Lordships will give a present Meeting, in the Painted Chamber, as is desired.

Lords to report the Conference.

The Earl of Bath,
Earl of South'ton,
Earl of Warwicke,
Earl of March,
Lord Viscount Say & Seale, and Lord Roberts;

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 the Earl of Bath reported the Conference; the Effect whereof followeth:

The Report concerning the Paper about the Trial of the E. of Strafford.

"That the Committee that managed the Evidence for the House of Commons against the Earl of Strafford, intended to produce some further Proof to the Twenty-third Article; but the House intends (in regard of the Distractions of the present Times, and that much Time hath been spent therein) 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 further Proof of the Twenty-third Article, if their Lordships shall be unsatisfied concerning the same, without admitting the said Earl of Strafford to examine upon any of the other Articles; and that, upon Occasion of Discovery of this Evidence, a Paper was read in that House, whereby it did appear that, at the same Time when the dangerous Words were spoken by the Earl of Strafforde, touching the bringing the Irish Army into England, other Words were spoken by Two others then present, deciphered by their Letters, L. Arch. L. Cott. by which they conceive is meant the Lord Archbishop of Cant. and the Lord Cottington, which Paper was found in Sir Henry Vane's Cabinet. Therefore they did desire their Lordships will take some Course that it may be duly examined by whom these Words were spoken, that there may be some further Proceedings, to prevent the Dangers that may ensue thereupon, and that those Counsels may be looked into, and searched to the Bottom."

The Lords debated the Substance of the said Conference; and, upon Consideration of the First Part of it, did Order, That the Earl of Strafford shall recollect his Evidence first; and, that being done, the Members of the House of Commons may state their Evidence; and neither Side to interrupt the other; and this to be Tomorrow Morning, in Westm. Hall, whereof the Earl of Strafford is to have (fn. 2) Notice, and the Lieutenant of The Tower ordered to bring him to Westm. Hall.

E. of Strafford, Order about his Trial.

Ordered, That the Earl of Strafford is not, at the Trial, to speak to any new Matter, unless it be first occasioned by the House of Commons; and whatsoever the Earl of Strafford shall alledge contrary to this, the Lord Steward is to hold him to it.

Ordered, That no Dispute be in this House To-morrow Morning of any Business, before the Lords go to Westm. Hall.

The Paper delivered at the Conference, to be considered.

Ordered, That To-morrow in the Afternoon, this House do take into Consideration the Paper delivered at the Conference this Afternoon with the House of Commons.

E. Cleveland versus L. P. Herbert, touching Stepney and Hackney.

Ordered, That the Counsel of the Earl of Cleveland shall be heard at the Bar on Thursday Morning next, to shew Cause why the Lord Phillip Herbert and others should not have the Possession of the mortgaged Lands of the Manors of Stepney and Hackney, according to the Order of 8th of January 1640; and the Counsel of the Lord Herbert to be likewise present, and be heard if they desire it.

A Message was sent to the House of Commons, by Mr. Justice Heath and Mr. Serjeant Glanvile:

Message to the H. C. for a Conference about the Proceeding in the E. of Strafford's Cause.

To desire a present Conference, by a Committee of both House, concerning the late Conference, touching the Proceedings against the Earl of Strafford.

The Answer returned to the said Message was:

Answer.

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

L. Steward to deliver the Substance of the Conference to the Commons.

The Lord Steward was appointed to let the House of Commons know, That the Lords are resolved they may proceed as formerly was intended, before the Offer of further Evidence to be produced; and that the Earl of Strafford is to recollect his Evidence first; and, that being done, the Members of the House of Commons are to state their Evidence; and this to be To-morrow Morning, whereof they will give the Earl of Strafford Notice.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Dr. Sibthorpe hath Leave to go Home this Easter.

Ordered, That Richard Sibthorpe, Doctor in Divinity, hath Leave to repair to his Parish in the Country against Easter, notwithstanding his Recognizance to attend this House de die in diem, provided he return and appear in this House the 5th Day of May next ensuing.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 13^m diem instantis Aprilis, hora septima, Dominis sic decernentibus.