DIE Sabbati, videlicet, 16 die Januarii.
A Message from the House of Commons, by Mr.
Pim, to this Effect:
Message from the H. C. concerning the Charge to be drawn out of the Examination against the E. Strafford.
That the Knights, Citizens, and Burgesses assembled
for the Commons in Parliament, do desire, That the
Examinations taken, at their Request, in the Case of
the Earl of Strafford, by the Lords deputed for that
Purpose, may be delivered to the Committees of the
House of Commons, not that they intend Publication
to the House, but to draw out of them the special
Matters of the Charge; and further declared, That,
according to the Clause of Reservation in the Conclusion of their Charge, they will add to the Charge,
not to the Matter in respect of Comprehension
of Extent or Kind, but only to reduce them to more
Particularities, that the Earl of Strafford might answer with the more Clearness and Expedition; not
that they are bound by this Way of special Charge
(and therefore, as they have taken Care in their House,
upon Protestation, that this shall be no Prejudice to
bind them from proceeding upon Generals in other
Cases, and that they are not to be ruled by Proceedings in other Courts, which Protestation they have
made for Preservation of Power of Parliaments), so
they desire that the like Care may be had in your
Lordships House. Further he declared, That, in the
Examinations, they have not enquired after new Matter,
but for Certainty of such Things as they were informed
The Answer returned to this Message was:
That their Lordships will take their Message into
Consideration, and send an Answer by Messengers of
their own, in convenient Time.
Next was read a Letter of the Earl of Strafford's,
in hæc verba:
E. Strafford's Petition.
To the Right Honourable the Lords Spiritual and
Temporal in the High Court of Parliament assembled.
The humble Petition of Tho. Earl
of Strafford, His Majesty's Lieutenant
General of Ireland.
Most humbly shewing,
That your Petitioner doth understand it hath been
moved, in the Commons House of Parliament, That
a Message might be sent unto your Lordships, to
desire that the Depositions taken in your Petitioner's
Case may be delivered unto the Committee appointed
to draw up the Charge against him.
Forasmuch as your Petitioner humbly conceiveth that he can shew good Cause why
the said Depositions should not be so delivered up;
His humble Suit is, That your Lordships will
be pleased to vouchsafe him your Honourable Favours, that he may be heard, by his
Counsel, before the said Depositions be delivered to the said Committee; and himself
also to be then present, if he be able; and
that your Lordships will be pleased to appoint a Day when himself and his Counsel
may attend therein.
"And he shall with unto your Noble Lordships all
Increase of Honour and Happiness."
To which their Lordships gave no Answer; but Rejected it.
E. of Strafford's preparatory Examinations to be delivered to the Commons.
Ordered, That the preparatory Examinations taken
by the deputed Lords, in the Case of the Earl of Strafford, shall be delivered by the said deputed Lords to the
Committees of the House of Commons, as is desired.
The House further thought fit, That the said Lords
deputed might take further Examinations in the said
Case of the Earl of Strafford, until the Particularities
were brought in by the House of Commons.
Message to that Purpose.
A Message was sent, by Mr. Attorney General and
Mr. Serjeant Glanvile, to the House of Commons, To
let them know, That the Examinations in the Earl of
Strafford's Case shall be delivered to the Lords deputed,
to be delivered to their Committees, as is desired.
Report of the Conference deferred.
Ordered, That the Lords are to report the Conference upon Monday next; and the Attorney General
to argue the King's Claim to the Baronies of Hastings
and Ruthin on Tuesday next.
King's Claim to the Baronies of Hastings and Ruthin. Anabaptists recommended to the Justice of this House by His Majesty.
The Lord Privy Seal, by Command from His Majesty, presented to the House a Paper, which was lately
delivered to His Majesty, which He commended to the
Justice and Care of the House to consider of. The
Contents of the Paper was read, in hæc verba:
Decimo tertio Die Januarii, 1640.
With at least Sixty People more.
|They were all taken on Sunday last, in the Afternoon, in the Time of Divine Service, by the Constables and Church-Wardens of St. Saviours, in the House of Richard Sturges; where they said they met to teach and edify one another in Christ.
1. They being brought before Sir John Lenthall,
he demanded why they would not go and resort to
their Parish Church, according to the Law of 35°
Eliz. They answered, That the Law of 35°
Eliz. was not a true Law, for that it was made
by the Bishops; and that they would not obey it.
2. That they would not go to their Parish
Churches: That those Churches were not true
Churches; and that there was no true Church but
where the Faithful met.
3. That the King could not make a perfect Law,
for that He was not a perfect Man.
4. That they ought not to obey Him but in Civil
5. That some of them threatened the Churchwardens and Constables, that they had not yet answered for this Day's Work.
|Tho. Butler, Church-warden.
Order to keep them in safe Custody.
Hereupon it was Ordered, That Sir Jo. Lenthall
do take Care that the aforesaid Persons shall be forthcoming, and appear before this House on Monday
Morning next; and likewise that he cause the Constable, the Churchwardens, and whosoever else can
testify any Thing in the Business, to attend the same
Order about Common Prayer and Service in the Church.
Upon this Occasion the House thought fit, and
Ordered, That this Order following should be read
publicly in all the Parish Churches of London and
Westm. the Borough of Southwarke, and the Liberties
(fn. *) and Suburbs of them:
"That the Divine Service be performed as it is appointed by the Acts of Parliament of this Realm; and
that all such as shall disturb that wholesome Order
shall be severely punished, according to Law; and
that the Parsons, Vicars, and Curates, in several
Parishes, shall forbear to introduce any Rites or Ceremonies that may give Offence, otherwise than
those which are established by the Laws of the
Mr. Attorney General and Mr. Serjeant Glanvile
returned this Answer: That they have delivered the
Message to the House of Commons.
Wood and Coal in Midd. Surrey and Kent.
After this, the Justices of Peace for Midd. Surrey,
and Kent, brought in their several Certificates concerning Wood and Coal.
E. of Newport versus. Faucet.
It was signified to the House, That the Earl of Newport made it his Lordship's Request, That Mr. Faucet
might be released of his Imprisonment, and his Submission at York remitted; which the House did order accordingly; and thought it fit that the Earl of Newport
should dispose of the Five Hundred Pounds given him
for Damages, how his Lordship please himself.
Visitants of the E. of Strafford.
O Rourk not to go out without a Guard.
The Lieutenant of The Tower brought in his Note
of Names of such as had visited the Earl of Strafford since Saturday; and it being read openly, the
Lieutenant did let their Lordships know, That he had
received an Order from this House, That he should be
responsible for the safe Custody of Mr. O Rourke when
he goes abroad. He desired that might (fn. †) be remitted
him, and that Mr. O Rourke might procure his own
Friends to be bound for him; which their Lordships
taking into Consideration, did Order, That the said Mr.
O Rourke do continue in The Tower a Prisoner, until he
put in sufficient Security of One Thousand Pounds, such
as this House shall approve of, for his safe Custody and
Forth-coming when he hath Liberty to go abroad, to
instruct his Counsel, or appear before the Lords Committees concerning his Business; and at such Times also
not to be permitted to go abroad without Two Warders
to attend him. In the mean Time his Counsel and
Friends are to have Access unto him.
A Bishop, speaking injuriously of a Temporal Lord, confesses his Fault, and is reconciled.
Memorandum, That one of the Lords the Bishops, in
his Speech, uttered some Words which were injurious
to the Honour of a Peer of this House; whereupon
the House commanded him to name that Lord which
he meant: But he refusing to do (fn. †) it, was commanded
to withdraw; which he not obeying, their Lordships
took it as a great Contempt to the whole House; at
last he, naming the Lord, withdrew himself; and the
House, taking his Offence into Consideration, did Order, That the said Bishop should make his Submission
to the House in general, and to the Lord in particular,
and confess that he is heartily sorry for his Contempt
to the House, and Scandal to the particular Lord, and
desire Pardon from them both; which the Bishop, coming to his Place, did confess accordingly to both.
Hereupon the said Lord, giving their Lordships Thanks
for repairing his Honour herein, pardoned the Bishop,
and begged the same from the House in Behalf of the
said Bishop, which the House at his Request granted.
Witnesses in Gittaway and Norris's Cause.
Witnesses sworn in Gittawaye's Cause, depending before the Lords Committees against Sir Francis Norris:
William Harris. William Watts. Clement Rogers.
Henry Thorpe. Marg. Gibbot. Nic. Edwards.
These Witnesses delivered in their Depositions in
this Cause in Writing, vouching them to be true upon
this Oath, which they have taken.
John Brownall was sworn in the Cause between
and Justice Barckley.
Thanks given to His Majesty for the Judges Patents.
Earl Marshal and the Lord Chamberlain were appointed by the House to render His Majesty humble
Thanks from this House, for His Gracious Answer, in
condescending that the Judges shall hold their Places
quamdiu se bene gesserint.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Magni Sigilli, declaravit præsens
Parliamentum continuandum esse usque in diem Lunæ,
videlicet, 18m diem instantis Januarii, hora nona, Dominis