House of Lords Journal Volume 6: 19 October 1643

DIE Jovis, 19 die Octobris.

PRAYERS.

Lords present:

The Lord Grey of Warke, Speaker.

Report of the Conference concerning the Cessation of Arms with the Rebels in Ireland.

The Speaker reported so much of the Conference with the House of Commons Yesterday, as concerns the Cessation of Arms with the Rebels in Ireland.

"A printed Book, Declaration (fn. 1) of the whole Business, was read. (Here enter it.)

"The House desires their Lordships would nominate a Committee of Lords, and the House of Commons will nominate a proportionable Number of their House, to consider of this Book, and what is fit to be done upon it, either by Way of Declaration or otherwise."

Committee to consider of a printed Declaration of the whole Business.

And this House nominated these Lords following to be a Committee, to join with a Committee of the House of Commons, to consider of this Declaration, and what is fit to be done upon it: videlicet,

Or any Three of them, to meet To-morrow, at Three post meridiem, in the Painted Chamber, and afterwards have Power to adjourn themselves.

Report of the Conference about Papers intercepted, discovering a Design to introduce Popery.

Likewise it was reported, "That, at the same Conference, divers Letters and Papers were delivered, to discover that there is a Hierarchy of the Romish Religion set up in the several Counties of England, consisting of Deacons and Arch-deacons."

Judgement against Baron Trevor.

Next, this House took into Consideration what Judgement to give against Mr. Baron Trevor, upon the Impeachment brought up from the House of Commons against him, upon so much of the Impeachment as concerns his Subscription for Ship-money, and giving his Judgement in the Case of Mr. Hampden, concerning Ship-money; and, upon mature Deliberation this House Adjudged and Resolved, upon the Question,

"1. That Mr. Baron Trevor, for this Offence, shall be fined Six Thousand Pounds.

"2. That he shall be imprisoned in The Tower of London during the Pleasure of this House.

"3. The Question was put, Whether Mr. Baron Trevor shall have any Incapacity put upon him?"

And it was Resolved Negatively.

Committee to draw it up.

Ordered, That the Earl of Lyncolne, Lord Viscount Say & Seale, and the Lord Wharton, shall draw up the Judgement against Baron Trevor, and report the same to this House.

Message from the H. C. with Ordinances, &c.;

A Message was brought from the House of Commons, by Sir Walter Erle and others:

To present to their Lordships divers Ordinances and Orders, wherein they desire their Lordships Concurrence:

1. That a Committee be appointed, to treat with the Scotts Commissioners, about Church Government.

2. An Ordinance concerning paying of Monies in (fn. 2) Lyncolnshire.

3. An Ordinance concerning Salt-petre.

and for a Conference on various Subjects.

4. To desire a Conference, so soon as it may stand with their Lordships Conveniency;

1. Touching the Proceedings against the Archbishop of Canterbury.

2. Touching the Great Seal of England.

3. Touching the Ordinance for raising of Monies within the Line of Communication.

The Answer was:

Answer.

That their Lordships will send them an Answer to the Message now brought up, by Messengers of their own.

Walker & al. a Pass.

Ordered, That Mr. Christofer Walker Esquire, Wm. Thomas a Youth, and Wm. Benson Servant to the said Mr. Walker, shall have a Pass, to go with their Horses into the County of Cornwall, and to return again to London without Lett or Interruption.

Walker, committed for publishing scandalous Pamphlets, released.

Ordered, That Walker, committed formerly by this House to The Fleete, for making and publishing scandalous Pamphlets: It is Ordered, That he, having lain in Prison these Nine Months, shall be (fn. 3) released.

The Committee reported the Judgement against Baron Trevorr; which being read, was approved of.

Commons to demand judgement against Baron Trevor.

And the Gentleman Usher of the Black Rod was commanded to go to the House of Commons, and let them know, that this House is ready to give Judgement against Mr. Baron Trevor, if they will come up, with their Speaker, and demand it.

Message to them, that the Lords will give a Conference;

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that their Lordships will give them a Conference To-morrow Morning, at Ten of the Clock, touching the Archbishop of Cant. the Great Seal, and the Ordinance for raising Monies within the Line of Communication.

for Committees to consider the Papers from the French Ambassador;

2. To let them know, that their Lordships having received Two Papers from the French Ambassador, touching Mr. Walter Mountague and Sir Kenelme Digby; their Lordships desire that the same Committees that drew up the Answer to the former Paper may meet To-morrow Morning, at Ten of the Clock, and take these Two Papers into Consideration.

and for Committees to meet about the Cessation of Arms with the Rebels in Ireland.

3. To let them know, that their Lordships have nominated a Committee of Six Lords, to take into Consideration the Cessation of Arms made with the Rebels in Ireland; and have appointed them to meet To-morrow in the Afternoon, at Three of the Clock, in the Painted Chamber; and to desire that the House of Commons would nominate a Committee of a proportionable Number, to join with them, with Power to adjourn from Time to Time.

The House was adjourned during Pleasure, and the Peers went and robed themselves; who being returned, the House was resumed.

Commons demand Judgement against Baron Trevor.

The Gentleman Usher of the Black Rod acquainted this House, "That the House of Commons were come, with their Speaker."

They were admitted in; and then Mr. Baron Trevor was brought to the Bar, as a Delinquent, by the Gentleman Usher of the Black Rod.

Then the Speaker of the House of Commons said, That whereas the Commons in this present Parliament assembled, in their own Name, and the Name of all the Commons of England, did formerly exhibit Articles of Impeachment against Sir Thomas Trevor Knight, One of the Barons of His Majesty's Court of Exchequer, in Maintenance of the Impeachment, whereby he stands charged with great Misdemeanors; and whereas the said Commons have since proceeded to Trial upon the Opinion and Judgement given by him, the said Baron Trevor, in the Matter of Shipmoney only; I am now commanded by the Commons in Parliament assembled, in their own Name, and in the Name of all the Commons of England, to demand Judgement against the said Mr. Baron Treavor, upon the Opinion and Judgement given by him in the Point of Ship-money only."

After this, the Speaker of the House of Peers read as followeth:

His Sentence.

"Whereas Sir Thomas Trevor Knight, One of the Barons of the Exchequer, stands impeached before the Lords in Parliament, by the Knights, Citizens, and Burgesses of the House of Commons; in which Impeachment, amongst other Things, he stands charged, in the Fifth Article, That, in November 1635, then being One of the Barons of His Majesty's Court of Exchequer, and having taken an Oath for the due Administration of Justice to His Majesty's People according the Laws and Statutes of this Realm, subscribed his Name to an illegal Opinion in the Matter of Ship-money; and in the Sixth Article of the said Impeachment, that he, the said Sir Tho. Trevor, in February 1636, subscribed an extrajudicial Opinion, in Answer to Questions in a Letter from His Majesty, for the levying of Ship-money upon the Subjects; and in the Seventh Article of the said Impeachment, that the said Sir Thomas Trevor, being then One of the Barons of the Exchequer, did deliver his Opinion and Judgement in the Exchequer Chamber, against John Hampden Esquire, in the Case of Ship-money, That he the said John Hampden, upon the Matter and Substance of the Case, was chargeable with the Money then in Question; as in and by the said Articles of Impeachment more at large appears.

"To which Impeachment the said Sir Tho. Trevor put in his Answer in Writing before the Lords in Parliament; and therein confesseth, "That he, being then One of the Barons of the said Exchequer, and having taken the accustomed Oath of a Baron of that Court, did subscribe his Name to such Opinions, and did deliver his Opinion in the Exchequer Chamber against Mr. Hampden, in the said Articles of Impeachment mentioned; and afterwards Judgement was given in the Court of Exchequer, according to the Advice of the Judges delivered in the Exchequer Chamber, as is usual in such Cases; the said Sir Thomas Trevor, in all Humility, submitted to the Judgement of the Lords in Parliament, as by his said Answer, and his Petition of Submission, doth appear: The Lords in Parliament having taken the said Charge comprised in the said Three Articles into their due Consideration, and finding the said Crimes confessed in the Answer of the said Sir Tho. Trevor; thereupon this High Court doth Award and Adjudge,

"1. That the said Sir Tho. Trevor shall be fined in the Sum of Six Thousand Pounds, to be forthwith paid.

"2. That he shall be imprisoned in The Tower of London, during the Pleasure of this House."

This Judgement being pronounced; the Commons, with their Speaker, departed to their own House.

Upon the humble Suit of Mr. Baron Trevor: It is Ordered, That he shall (fn. 4) have Liberty to lie at his own House this Night, and go to The Tower Tomorrow.

Message from the H. C. that his Fine may be paid to the Treasurer of the Army.

A Message was brought from the House of Commons, by Mr. Serjeant Wylde and others:

To desire that the Six Thousand Pounds Fine, adjudged by their Lordships against Mr. Baron Trevor, may be forthwith paid to the Treasurer of the Army, to be disposed of for the Service of the Kingdom.

Agreed to.

The Answer returned was:

Answer.

That their Lordships agree with the House of Commons, for paying the Six Thousand Pounds of Mr. Baron Trevor to the Treasurer of the Army.

Adjourn.

House adjourned till 10^a cras.