Die Sabbati, videlicet, 2 die Januarii.
Baron Davenport bailed.
Humphridus Davenport, Miles, Capitalis Baro Scaccarii, Petrus Venables, Esquire, Baron de Kynderton, in
Comitatu Cestriæ, Hamnett Hyde, Esquire, de Norbury,
in Comitatu Cestriæ, recognoverunt seipsos debere Domino
Regi Decem Mille Libras, levari ex Terris, Tenementis,
Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis.
The Condition of the said Recognizance is, That, if the
said Sir Humphry Davenport, Knight, Lord Chief Baron
of His Majesty's Court of Exchequer, shall appear Personally here before the Lords in Parliament, and be
present at the Judgement of Parliament against him, if
any shall be, then this Recognizance to be void, else to
remain in Force.
Ordered, That the Lord Chief Baron's former Recognizance of Ten Thousand Pounds, for putting in Security to be present at the Judgement of Parliament,
Sir George Ratcliffe's Petition was read, in hæc verba:
"To the Right Honourable the Lords Spiritual
and Temporal, in the High Court of Parliament assembled.
The humble Petition of Sir George Ratcliffe,
Sir George Ratcliffe's Petition for Counsel and a Solicitor.
In all humble Thankfulness acknowledging your
Lordships Noble Favour to allow him Counsel, he
humbly presents unto your Lordships, the Names underwritten of such as he desires may be assigned of
his Counsel; submissively beseeching your Lordships
that they may be assigned for him, according to the
Honourable Order of this High Court of the 31st of
And he is further an humble Suitor to your Lordships, That Leonard Robinson may be allowed for his
Solicitor in this Cause.
And he shall ever pray, etc.
"Mr. Serjeant Godbold.
Mr. Serjeant Rowles.
Mr. Recorder of London.
Hereupon it was Ordered by the House, That the
said Sir George Radcliffe shall have such of those Counsel mentioned in the Petition assigned him in this Business, as are not of Counsel with the Earl of Strafford,
and shall have Liberty to present the Names of others
to supply their Places, so as they be such as this House
shall first approve of. And further it was Ordered,
That Leonard Robinson be allowed to be his Solicitor in
After this, the Keeper of The Gatehouse presented to
the House a List of all the Persons that have visited Sir
George Ratcliffe since his Commitment to The Gatehouse;
which was read in the House openly.
Motion about further Cessation of Arms with the Scots.
The Earl of Bristoll signified to the House, by the
Command of the Lords Commissioners, That the Time
of the Cessation of Arms between the Scots and us continues no longer than the 16th of January next; therefore thought it expedient, if their Lordships approved
of it, to have a Conference with both Houses, and
require their Advice therein, and also to give to both
Houses an Account what hath been done since the last
renewing of the Cessation; which Motion the House
approved, and desired the Lords Commissioners to retire
themselves, and prepare for the Conference; which accordingly they did.
Clarke's Naturalization Bill.
vice lecta est Billa, An Act for Naturalizing
of Simon Clarke, of the Age of Three Years, Grandchild
to Sir Francis Clarke, Baronet. And committed to
Earl of Bath.
Bp. of Durham.
Bp. of Lincolne.
|Bp. of Exon.
Ds. Howard de Charlt.
Ds. Herbert de Chcrh.
Their Lordships, or any Three of them, to meet
on Monday Morning next, at Eight o'Clock,
in the Little Committee Chamber.
Mr. Justice Foster and Mr. Serjeant Ayloff, Attendants.
Bradley versus Barckley.
Witnesses sworn in the Cause of Bradley,
against Mr. Justice Barckley, depending before the Lords
Committees for Abuses in Courts of Justice, etc.
vice lecta est Billa, an Act for better Maintenance of Hospitals, etc.
Ld. Cottington and Ld. C. J. C. P. to speak with the E. of Strafford.
The Lord Cottington acquainted the House, That His
Majesty had commanded him and the Lord Chief Justice
of the Common Pleas to speak with the Earl of Strafford
this Afternoon, about Affairs in Ireland.
An Account how far the Commissioners had gone in the Treaty with the Scots.
The Lords Commissioners returned into the House;
and the Earl of Bristol made a short Narration what
had past, and how far they have gone in Treaty with
the Scottish Commissioners since the last Account: That
they had now concluded, though with much Difficulty,
the Fourth Article, touching the Incendiaries of both
Nations: those that are of our Nation; to wit, the
Lord Archbishop of Cant, and Lord Lieutenant of Ireland, they had delivered in Papers against them to the
Those of their own Nation, they gave a Paper to His
Majesty concerning them, which was read in the House
openly, dated the 9th of December. Afterwards was
read His Majesty's Answer thereunto, thinking their
Demands too general, dated 9th December, 1640. But
at last, after many Difficulties had past, His Majesty
hath made them a particular Answer, which was read
openly; and afterwards His Majesty was pleased to give
a concluding Answer, dated 30th of December, 1640,
which was read.
Next was given an Account how far they had entered
upon the Fifth Article, touching restoring of Ships and
Goods taken, with Damages; and the Propositions were
general on both Sides reciprocally, that Ships and Goods
on both Sides should be restored, etc.
The Scots Desire concerning the Archbishop of Cant. and E. of Strafford.
Next another Paper was read, dated the 14th of
December, concerning the Scotts Desire touching the
English Incendiaries, videlicet, Lord Archbishop of Cant.
and the Lord Lieutenant of Ireland, that they may be
put to a Trial, and that Commissions may be erected
for examining of Witnesses upon such Interrogatories as
they shall give in, etc. And, after this, said that the
Lords Commissioners thought fit, seeing but Fifteen Days,
or thereabouts, of the Cessation are behind, that the
Cessation may be continued for a Month longer, if the
Treaty last so long, upon the same Terms as the former
was; all which they did submit to the Wisdom of both
Houses of Parliament.
A Message presently was sent by Mr. Baron Henden
and Mr. Justice Foster, to the House of Commons, to
Message to the H. C. for a Conference, concerning the Treaty of both Kingdoms.
That their Lordships desire a Conference, with a Committee of both Houses, presently, if it stand with their
Conveniency, concerning the Treaty of both Kingdoms,
in the Painted Chamber.
Ld. Grey and Mr. Longuevile to attend the Committees.
Ordered, by the House, That the Lord Grey and
Charles Longevile, Esquire, shall, by themselves and One
Counsel on either Side, attend the Lords Committees for
Privileges on Monday next, the 4th of this present
January, at Two a Clock in the Afternoon, and to
bring in those Records, or authentic Copies, which
were urged on both Sides in the Argument before their
Lordships, that thereby their Lordships might be fully
satisfied in the Cause.
Ld. Audley versus Ld. Cottington.
Ordered, That the Interrogatories in the Cause depending between the Lord Awdley and the Lord Cottington, being drawn up by Counsel, shall be considered
of by the Lords Committees selected particularly for
that Business, before any Person shall be examined
Mosely to be examined.
Ordered, That one Richard Mosely be produced before the Lords Committees, to deliver upon Oath what
Writings he hath concerning the Business now in Question between the Lord Awdley and the Lord Cottington.
The Answer which the House of Commons returned
Answer from the H. C. for a Conference concerning the Treaty of both Kingdoms.
That they will presently meet their Lordships, in the
Painted Chamber, with a Committee of both Houses,
as is desired.
The Lords went to the Conference; and the House
was adjourned during Pleasure.
The Conference being ended; the Lords came in;
and the House being resumed, the Earl Marshal reported
to the House, That the Earl of Bristoll had made a Narration of the Business to the House of Commons very
faithfully; and that the House of Commons told their
Lordships, that they came with ready Ears to hear, and
they will report the Business to their own House, and
will send an Answer in fit Time.
List of the Visitants of E. Strafford.
After this the Lieutenant of The Tower gave the
House an Account of their Names that had visited the
Earl of Strafford since Saturday was Sevennight. The
List of their Names was read.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Magni Sigilli, declaravit præsens
Parliamentum continuandum esse usque in diem Lunæ,
videlicet, 4m diem instantis Januarii, hora nona, Dominis sic decernentibus.