House of Lords Journal Volume 4
4 January 1641

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1767-1830

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'House of Lords Journal Volume 4: 4 January 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 123-124. URL: http://www.british-history.ac.uk/report.aspx?compid=35489 Date accessed: 24 October 2014.


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DIE Lunæ, videlicet, 4 die Januarii.

PRAYERS.

Sir George Ratcliffe's Counsel.

According to a List presented to the House from Sir George Ratcliffe, and read, it was Ordered, That

Mr. Serjeant Godbold,
Mr. Tho. Gates,
Mr. Robert Pannell,
Mr. Richard Newdigate, and
Mr. David Jenkinge,

Shall be assigned for Counsel to Sir George Ratcliffe.

Clarke's Naturalization Bill.

The Bill of Naturalization of Simon Clarke was reported to the House by the Lords Committees, and Ordered to be ingrossed.

E. Newport versus Faucet.

After this, Sir William Pennyman, Knight, and William Wodenoth, Gentleman, were sworn and examined in Court, in the Cause between the Right Honourable the Earl of Newport and James Faucet, who, upon hearing of the Petition and other Particulars annexed, they did deliver upon their Oaths, That they did hear Mr. Faucet speak Words to that Effect as is charged against him. But, because the Earl of Newport had other Witnesses to produce in the Cause, the House did Order, That the Business should rest until other Witnesses were brought in.

A Message from the House of Commons, by Sir Peter Hamond, Knight, to this Effect:

Message from the H. C. for a Conference touching the Cessation of Arms.

That he was commanded by the Knights, Barons of the Cinque Ports, Citizens, and Burgesses of the Commons, to desire a Conference, with a Committee of both Houses, touching the Cessation of Arms between the Two Nations; and also a Free Conference, concerning the Two Incendiaries nominated by the Scotts; videlicet, the Lord Archbishop of Cant. and Lord Lieutenant General of Ireland.

The Answer to the said Message was:

Answer.

That their Lordships will give a Meeting, with a Committee of both Houses, presently, in the Painted Chamber, as is desired.

Managers.

Earl Marshal, Earl Hartford, and the Earl of Bristoll, were appointed by the House to report the Conference.

The Lords went to the Conference; and the House was adjourned during Pleasure.

Report of the Conference.

The Conference being ended, the House was resumed; and the Earl Marshal reported the Conference:

"That the House of Commons doth unanimously approve of the Continuance of the Cessation of Arms with the Scots for One Month longer, videlicet, from the 16th of January to the 16th of February 1640, upon the same Terms as the former, if the Treaty lasts so long."

Witnesses desired against the Incendiaries.

Next he reported, "That the Commons desired that the Scottish Commissioners may be desired to produce their Witnesses and Evidence, to make good their Charges against the Incendiaries mentioned in their Papers; videlicet, the Lord Archbishop of Cant. and the Lieutenant of Ireland."

Paper, containing the requests of the Scots, to be read.

After this, the House advising what Answer was fit to be given to the Commons presently, when their Lordships return to the Free Conference, it was thought material, that a Paper, containing the Scotts Desires in this Particular, might be read, dated 14 Decembris, 1640; which done, their Lordships thought fit that the aforesaid Paper should be openly read at the Free Conference with the Commons, and their Lordships to confer with them amicably about it; and next, their Lordships held it convenient, that our Lords Commissioners desire of the Scottish Commissioners, that such Witnesses, Testimonies, and Evidence, that they have present, may be produced, and examined, and to have a Commission, or some other fit Means, for taking the Testimonies of others that are far distant.

Free Conference.

This being done; the Lords went to the Free Conference, appointing the same Lords to report the Conference as reported the former.

The House was adjourned during Pleasure.

The Conference being ended, the House was resumed.

Conference reported.

Earl Marshal shortly reported the Effect of the free Conference. And afterwards

It was Ordered, That this House doth unanimously consent and approve of the Continuance of the Cessation of Arms with the Scots, for One Month longer; videlicet, from the 16th of January to the 16th of February, 1640, if the Treaty continue so long, upon the same Terms as the former was.

Sir Richard Wiseman discharged.

It was signified to the House, That one Sir Richard Wiseman, now a Prisoner in The Fleet, upon a Sentence of a Fine of Eighteen Thousand Pounds in the Star Chamber, being in great Misery and Want, having neither Cloaths nor Money to buy him Bread, nor any Bed to lie on but Straw; that he, being a Gentleman, might, by the Order of this House, be discharged of his long Imprisonment: And the said Sir Richard Wiseman, being brought to the Bar, appeared to their Lordships an Object of great Pity. After their Lordships had taken his Cause into Consideration, they did Order, That the said Sir Richard Wiseman shall be forthwith discharged of his Imprisonment, and (being put into some decent Equipage) to have Liberty to attend the Prosecution of his Cause before their Lordships; and that he have some Maintenance allowed him out of his own Means, which is now in the Hands of his Wife. Further it was Ordered, That James Ingram, Esquire, Warden of The Fleet, shall be bound in One Thousand Pounds, to appear and attend the Lords Committees appointed for the Examination of this Business.

Committee for the Star Chamber and Sir Richard Wiseman's Cause.

Ordered, That these Lords following shall consider and examine the whole Business, Proceedings, and Judgement against Sir Richard Wiseman, in the Star Chamber, and the Usage of him in The Fleet, during his Imprisonment there; and likewise to examine the Institution and Power of the Court of Star Chamber:

E. Bath.
E. South'ton.
E. Hartford.
E. Essex.
E. Warwicke.
E. Bristoll.
E. Dover.
L. Viscount Say & Seale.
Bp. Durham.
Bp. Lincolne.
Bp. Sarum.
Bp. Carlile.
Ds. Wharton.
Ds. Pagett.
Ds. Kymbolton.
Ds. Brooke.
Ds. Howard de Charlton.
Ds. Roberts.
Ds. Craven.
Ds. Howard de Estcricke.
Ds. Savill.
Ds. Dunsemore.

Their Lordships, or any Ten or more of them, to meet on Friday next, in the Afternoon, at Two of the Clock.

Ingram's Bond.

Jacobus Ingram, Armiger, recognovit se debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.

The Condition of the above Recognizance is, That, if the said James Ingram, Esquire, Warden of The Flect, shall Personally appear, and attend from Day to Day, when the Lords Committees appointed for examining of Sir Richard Wiseman's Cause do sit, that then this Recognizance to be void; or else to remain in Force.

Holt's Petition read, and referred.

Next, the Petition of Thomas Holt, Esquire, and Elizabeth his Wife, was read; and Ordered, That it should be referred to the Consideration of the Lords Committees for Petitions; and to be heard on Tuesday next, the First Cause; and that Sir Thomas Holt is to have Notice hereof, to appear then before their Lordships.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 5m diem instantis Januarii, hora nona, Dominis sic decernentibus.