House of Lords Journal Volume 4
21 January 1641

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1767-1830

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'House of Lords Journal Volume 4: 21 January 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 136-138. URL: http://www.british-history.ac.uk/report.aspx?compid=35503 Date accessed: 02 September 2014.


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Die Jovis, videlicet, 21 die Januarii.

PRAYERS.

Ld. Herbert and Viscount Grandison's Petition.

The Petition of the Lord Phillip Herbert and the Lord Viscount Grandison was read, and committed to these Lords following:

L. Privy Seal.
L. Great Chamberlain.
E. Marshal.
E. Bath.
E. Bedford.
E. Essex.
E. Cambridge.
E. Bristoll.
E. Holland.
L. Viscount Say & Seale.
L. Bp. Durham.
L. Bp. Winton.
L. Bp. Lincolne.
L. Bp. Sarum.
L. Bp. Co. et Litch.
Baron Henden and
Mr. Justice Foster,
L. Bp. Exon.
L. Bp. Carlile.
L. Bp. Rochester.
Ds. Mowbray.
Ds. Willoughby de Earesby.
Ds. Dacres.
Ds. Pagett.
Ds. North.
Ds. Kymbolton.
Ds. Newnham.
Ds. Brooke.
Ds. Craven.
Ds. Savill.
Ds. Dunsemore.
Ds. Powis.
Attendants.

Their Lordships, or any Seven, to meet on Monday next, in the Afternoon.

Wm. Waters, & al. Petition against Mr. Powell, Vicar of Pattishull, touching a Sermon of his.

It was reported to the House, from the Lords Committees for Imprisonments, etc. That their Lordships have considered of the Petitions of William Waters and others, and Examinations thereupon upon Oath:

"That, about Three Years since, a Sermon was preached, by Richard Powell, Vicar of Pattishull, in Comitatu North'ton, upon this Text, Give unto Cæsar those Things which are Cæsar's, etc. and told the People, That Subjects ought to pay the Taxes laid upon them by their Kings, although they were cruel and unjust, instancing in Saul; and that such Kings were sometimes given to a Nation by God in His Wrath, for the People's Sins; and that, if we had such a King, we ought notwithstanding to submit unto Him. Hereupon the Petitioners, conceiving these Words to be dangerous in respect of His Majesty's Honour, repaired to the next Justice, Sir Richard Sammuell, Knight, and acquainted him what the said Powell had delivered in his Sermon; which the said Sir Richard thought fit to take Examinations of; and, being a Matter of such Consequence, repaired to Mr. Justice Hutton, at the Assizes at North'ton, and craved his Advice and Directions herein; who thought it expedient to return the said Examinations to the Lords of the Council; which being done, the said Mr. Powell, understanding what Trouble he was likely to come into by reason of his said Sermon, did, about Two or Three Sundays after, take Occasion to speak of the said Matter, and, intending to salve and cure the former Words, added these Words, But, blessed be God, He hath given us a Gracious King, such as no Age can parallel, whom God long continue over us, etc. Which Words being wholly omitted in the Examinations, the Lords of the Council, hearing of the said Supplement, did send their Letters directed to Sir Richard Samuell, Knight, Mr. Dr. Clarke, and Mr. Dr. Sibthorpe, or any Two of them, to examine the Truth hereof, and to certify the Verity of the Case how it stands; together with their Opinions of the same. Upon this, Dr. Clarke and Dr. Sibthorpe, excluding voluntarily Sir Richard Samuell from joining with them, returned a Certificate of Matter no way concerning the Business nor their Commission, which proved very prejudicial to the Petitioners; as, that Sir Richard Samuell seemed not willing to undergo the Service commanded by their Lordships, and took an Occasion to desert it, because he might not have wholly his own Way for the Clerk; and that they have examined Mr. Powell's Papers and Notes of that Sermon, and, amongst other Passages, all tending to persuade Obedience, grounded upon the Book of Homilies (the Second Part of the Sermon against Wilful Rebellion), Erasmus's Paraphrase, and Beza's Annotations; and upon that Text we find these Words, Si parendum Magistratui prophano, multo magis obedire oportet Sancto et Christiano; Such a one as we have now, whom, etc. And whereas we are required by your Lordship's Letters to certify our Opinions herein, we do hereby humbly signify, That we are persuaded that Mr. Powell is a very orthodox Man, fully conformable to the Doctrine and Discipline of the Church of England, perfectly obedient in Cases Ecclesiastical and Temporal, heartily affected to His Majesty's Gracious Government, and one who endeavours to persuade others to the like, which he demonstrated in the Particular of the Ship-money, by paying voluntarily, when all his Parishioners refused; and also we find, by sundry Testimonies, and do by our own Experience know, that all those who informed against him to Sir Richard Samuell are schismatically affected, in not obeying the Rites and Ceremonies of the Church of England, and also refractory against His Majesty's Proceedings in CivilGovernment, and such as would not pay the Shipmoney, but suffered their Goods to be distrained; at which Distresses some Tumult happened in the Parish of Patishall, which occasioned Mr. Powell to preach the Sermon questioned, to persuade them to Peace and Obedience.

Upon this untrue Certificate, the Petitioners were sent for to the Council Table, for that they refused to pay Ship-money; and there they were Ordered to pay the Charges of the said Mr. Powell, according to a Bill thereof to be made by Mr. Powell, and rated by Sir Dudley Carleton, Clerk of the Council, and not be discharged of their Attendance on the Board until they had both satisfied the same, and also given Bond before the Clerk of the Council to pay all such Sums of Money as either are or shall be rated and assessed upon every of them towards the Business of Shipping, according to His Majesty's Writ.

"All which Particulars have been examined before the said Lords Committees upon Oath, who have perused the Certificate; and do find, by many Witnesses, that the said Mr. Powell was no Orthodox Man, as was informed, but Popish and Superstitious in divers Particulars, as crossing the Bread and Wine at the Sacrament, and bowing to it afterwards, and crossing himself a Mornings (fn. *) before he drank, and such like. And it appearing further to their Lordships, that there were none distrained for Shippingmoney in the Parish, but only Waters, and that the Petitioners were unjustly and unduly troubled and informed against; and no material Defence being made by Dr. Clarke or Dr. Sibthorpe; the Lords Committees have thought fit, That the Hundred Pounds, which is averred to be expended by the Petitioners in this Suit, and likewise Thirty-four Pounds more, which they were ordered to pay to Mr. Powell for Charges, and the Clerk's Fees, by the Council Table, shall be re-payed to the Petitioners by Dr. Clarke and Dr. Sibthorpe, by Way of Damages, each of them paying an equal Proportion of the said Hundred and Thirty-four Pounds; and further, That Dr. Clarke and Dr. Sibthorpe be both of them put out of the Commission of the Peace, and never to be Surrogates to any Bishops hereafter."

All which the House did approve of, and Ordered the same accordingly. And further the House thought fit, That Sir Richard Samuell and Jo. Crewe, Esquire, should be put into the Commission of the Peace for the County of North'ton, being, as is conceived, they were put out by the Procurement of Dr. Clarke and Dr. Sibthorpe, or One of them.

Witnesses Jay contra Arnold.

Witnesses in the Cause of Jaye contra Arnold, etc.

Geo. Oakeland.
Raph House.
Startup Jackson.
James Reyner.
Robert Pigion.
Richard Jefferies.
Hugh Sharpe.
Easter Meeres.
Wm. Smith.
Robert Fortune.
Robert Willson.
Robert Steadman.
Jo. Spalden.
Gabriell Baker.
Francis Morris.
Eliz. Morris.
Tho. Vivers.
Anne Drake.
Eliz. Thurstan.
Susan Potter.
Eliz. Cooper.

Witnesses. Arnold contra Jaye.

Witnesses sworn in Causa Arnold contra Jay:

Jo. Chambers.
Jo. Settings.
Tymothy Blaxton.
Alice Coleman.
Eliza Chapper.
Sam. Taylor.
Tho. Clare.
Stephen Millson.
Wm. Carpenter, Gent.
Hen. Eusworth.
Robert Cooper.
Samuel Cooper.
Phill. Blyth.
Gab. Leigh.
Abraham Hugobert.
Richard Moore.
Tho. Speede.
Hugh Cope.
Wm. Russell.
Jo. Tomas.
David Place.
Francis Pierson.
Geo. Jesson.
Andrew Deadman.
Wm. Lynnett.
Tho. Eyre.
Wm. Rawbons.
Alice Fishbourne.
Jo. Chapman.
Geo. Stanton.
Nath. Snape, Esquire.
Tho. Swallow.
Mr. Richard Graves.
Mary Pettypoale.
Jo. Fellowes.
James Liveing.
Mr. Richard Lowther, Esquire.
Mr. Godwin.
Mary Chambers.
Sam. Marton.
Raph Briscoe.
Jo. Skynner.
Ethelbert Widdowes.

Witnesses. Moore contra Hyde.

Witnesses sworn in the Cause of Moore contra Hyde:

Nath. Tipton.
Robert Curtis.
Jo. Brett.
Jo. Davenport.

Hyde contra Moore.

Witnesses sworn in the Cause of Hide contra Moore:

Patrick Winch.
Toby Mathewes.
Tho. Carpenter.
Walter Carpenter.
Wm. Robarts.

Lord Cottington versus Ld. Audley. Witnesses sworn.

Witnesses sworn in the Cause of Lord Cottington versus Lord Awdley:

Laurance Squibb.
Edward Manning.
Wm. Wraughton.
Walter Tyle.
Richard Wawdesley.

Allibone versus Clarke. Witnesses sworn.

Witnesses sworn in Causa Ric. Allibone versus Dr. Clarke:

Roger Ramsay.
Jo. Wright.
Francis Allybone.
Joseph Clifton.
Jo. Lyne.
Robert Hart.
Wm. Butlyn.
Henry Freeman.
Edward Manning.
Tho. Creaton.
Robert Harris.
Richard Willses.

Dr. Pocklington to be bailed.

It was moved, That Dr. Pocklington desired that the House would accept of Bail for his Forth-coming. It was therefore Ordered, That he bring his Bail for One Thousand Pounds hither To-morrow Morning; and, if the House approve of the said Bail, then the said Dr. Pocklington to be released from the Custody of the Serjeant at Arms; but, in the mean Time, to remain as he is.

Dr. Sibthorpe to be bailed.

Upon the Petition of Dr. Sibthorpe, desiring that he might be bailed; it was Ordered, That he shall bring Bail hither To-morrow Morning for his Forth-coming; and, if it appear such as the House do approve of, then he is to be discharged of his Imprisonment in the Serjeant's Custody; but, in the mean Time, to remain as he is.

Prisoners in the New Prison left to the Ordinary Proceedings of Justice.

According to an Order of the 19th of this Month, Mr. Justice Gibbs and the Prisoners in the New Prison did attend this House; and the Petition being read, Mr. Gibbs gave this Answer to it: "That, there being a great Uproar in the Street, and a great Concourse of People gathered together, who set upon the Constable and Officers, with Clubs, Knives, and other Weapons, to the wounding and hurting of some People, the Constable and Churchwarden coming unto him (being the next Justice of the Peace), and acquainted him therewith, he came in Person, as he conceived himself bound to do; and, upon View of a Multitude of People, he wished them to depart; and, for the Preservation of the House wherein the Petitioners were, he caused his own Men, the Constable, and the Churchwardens, to go into the House; and, after the Concourse of People were dispersed, upon Search in the said House, he found divers Persons gathered together; and he, being informed that they were Sectaries, did examine them when they did receive the Communion in the Parish Church. They said, They had not a long Time, neither would they. After this, for the present, he committed them to Prison; and, the Sessions immediately following, he acquainted the Justices what he had done; which the Justices approving of, gave Order for their Indictments according to the Law."

Hereupon the House did Order, That the Petitioners be left to the Ordinary Proceedings of Justice, according to the Course of Law.

Mr. Rateliff to visit his Father.

Upon reading the Petition of Thomas Radcliffe, only Child of Sir George Radcliffe, Knight; shewing, That he, being but Seventeen Years old, hearing of the sad News of his Father's Restraint, out of his Observance and Duty, hasted out of Ireland to attend him; who being close Prisoner by your Lordships Commands, he cannot have Access to him, nor stay with him, but in Presence of his Keeper; his Suit was, That he may have Liberty to wait on his Father without his Keeper, that, in his Extremities, he may not be wanting to testify his Filial Obligations, without incurring your Lordships Displeasure. Hereupon the House did Order, That the said Mr. Radcliffe shall have Liberty, as Occasion requires, to attend his Father, without the Keeper being present with them.

Ordered, That the Earl Marshal be added to the Committee for Petitions.

Ordered, That the Lord Viscount Say and Seale be added to the Committee for the Lord Herbert's Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in [ (fn. *) post] meridiem hujus diei, videlicet, 21m instantis Januarii, hora tertia, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Subsidy Bill.

Hodie 1a vice lecta est Billa, An Act for the Relief of His Majesty's Army, and the Northern Parts of this Kingdom.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 22m diem instantis Januarii, hora nona, Dominis sic decernentibus.

Footnotes

* Bis in Origin.
* Deest in Origin.