DIE Lunæ, videlicet, 22 die Februarii.
Ordered, That the Committee for Mr. Millett's
Bill do meet upon Friday Morning.
vice lecta est Billa, An Act for Naturalizing of Dorothy Spencer, Daughter of Henry Lord
Spencer, of Wormeleighton; and, being put to the
Question, it was Agreed to pass, nemine contradicente.
vice lecta est Billa, An Act for Naturalizing
John, James, Mary Kirke, now Wife of Jo. West, etc.
and, being put to the Question, it was Consented to pass,
Lady Purbeck to have Witnesses.
Ordered, That the Lady Purbeck may have Warrants to send for such Witnesses as she shall have Occasion to use, upon the Hearing of her Cause.
Smith versus Busby in Error.
The Lord Keeper acquainted the House, That the
Chief Justice hath received a Writ of Error, to reverse
in Parliament a Judgement given in the King's Bench,
in the Cause between Smith et al. and Busbie et al. The
Record being at the Door, the Lord Chief Justice went
out, and brought the Record into the House, with the
Transcript; and, having made Three Obeisances before
he came to the Bar, and then afterwards Three Obeisances more, he laid them both down on the Lord
Keeper's Wool-sack. The Clerk of the Parliament received the Record and the Transcript, and brought
them to his Table; and, after the House was adjourned, the Clerk examined the Transcript by the Record,
and returned presently the Record by the Officer that
Writ of Error for the Lord Audley's Attainder.
After the same Manner, the Record and Transcript of
the Attainder of the Lord Awdley was brought in by the
Lord Chief Justice, and the Transcript examined by the
Cole and Palmer's Submission touching the Countess of Exeter's Complaint, and discharged.
It was moved, That whereas Jeremie Cole, Alderman
of Stamford, and Tho. Palmer, were, upon the Complaint of the Lady Elizabeth Countess Dowager of Exeter, sent for by the Messenger of this House, to appear
here in this House, to answer their Offences; they
having submitted themselves to the said Countess of
Exeter, as by a Paper which was read appeared; it
was Ordered, That, upon this Submission, they might
be discharged, and dismissed from further Attendance
and Prosecution in this House. The Contents of their
Submission followeth: videlicet,
Whereas divers People riotously gathered together
at Stamford the 30th Day of December, and cast in
the Banks of a Water-course lately made by the Right
Honourable the Lady Elizabeth Countess Dowager of
Exeter, to the King's Mills there, and likewise broke
down a Stone Bridge, built over the same Water
Course; we, Jeremy Cole Alderman of the said Town,
and Thomas Palmer of the same, Two Justices of Peace
there, do humbly desire her Ladyship to be pleased
to pass by such Offences as we committed, in not suppressing the said Riot, and in not proceeding against
the Offenders, as we ought by Law to have done
(our Offence proceeding out of Ignorance, and not
out of Wilfulness); for which we are sorry, and do
further humbly (fn. *) beseech the said Countess to procure our Dismission from the most Honourable and
High Court of Parliament; and we do hereby promise to cause the said Bridge to be re-built as sufficient as it was. Witness our Hands, this 21st Day
"Jer. Cole, Alderman.
E. of Nottingham's Privilege. Weld's arrest.
Ordered, That Robert Forrest, Henry Underwood,
Attorney, Penn the Solicitor, and Davenport the Serjeant,
that arrested Jer. Weld, menial Servant to the Earl of
Nottingham, shall be brought to appear here To-morrow
Morning, to answer the same.
Ld. Trowbridge introduced.
This Day Sir Francis Seymour, being created Baron
de Trowbridge, was introducted, between the Lord Pagett
and the Lord Howard de Charleton; he having delivered
his Patent and Writ upon his Knee unto the Lord
Keeper, dated the 19th of February, 16° Car. Regis,
they were both delivered to the Clerk, who carried
them to his Table, and read the Writ; which being
done, he was brought by the Lord Great Chamberlain,
and the Lord Mowbraye, who was deputed Lieutenant
by the Earl Marshal his Father, and placed lowermost
upon the Barons Form.
Marquis of Winchester's Bill.
The Lord Marquis of Winchester's Bill was reported,
with the Amendments and Additions; which being read
Twice, was Ordered to be ingrossed.
Memorandum, The Bond of Ten Thousand Pounds,
entered into by the said Marquis of Winchester, for preserving of Woods, and preventing committing of Waste
on the Lands, is to be kept in the Hands of the Lady
Viscountess Savage, Grandmother to the Lord Marquis's
Ld. Mowbray to shew his Authority to be Lieutenant to the Earl Marshal.
It was moved, That the Lord Mowbray might shew
by what Authority he is his Father's Lieutenant in the
Office of Earl Marshal; which is referred to be considered of by the Committee of Privileges.
Motion whether the Lords of this House that voted the Accusation in the Lower should be Judges of the Earl of Strafford.
It was moved, That the House would consider whether it be fit that those Members of this House, that
voted in the House of Commons in the Accusation of
High Treason against the Earl of Strafford, should be
Judges in this House against him for the same Cause.
Hereupon it was Ordered, That this Business be debated in the House To-morrow Morning.
Ld. Rich et al. desired to be excused being Judges of him.
Memorandum, That the Lord Rich and the Lord
Howard de Charleton desired the House, That they,
having voted in the House of Commons against the Earl
of Strafford, might be excused from being Judges. In
like Manner did the Lord Keeper, being at that Time
Debate about removal of English Papists from Court.
After this, the House fell to debate of the last Part
of the Conference with the House of Commons; to wit,
concerning the removing of the English Papists from the
King's Court, especially Four particular Persons; Mr.
Walter Mountague, Sir Kenelme Digby, Sir Toby Mathewes,
and Sir Jo. Winter; and, after some Time spent, it was
Ordered, That the further Debate thereof be Tomorrow Morning.
A Message from the House of Commons, by the Lord
Message to the H. C. about the E. of Strafford.
To desire a Free Conference, by a Committee of
both Houses, touching the Proceedings in the Earl of
Strafford's Case; and this to be with as much convenient Speed as their Lordships please to appoint.
The Answer to the said Message was:
That this House will give the House of Commons a
Meeting presently, in the Painted Chamber, as is desired.
Ld. Keeper to report the Conference.
The House appointed the Lord Keeper to report the
Free Conference; and the Lord Privy Seal, Earl of
Bath, and Earl of Bristoll, to be Assistants.
The House being adjourned during Pleasure, the
Lords went to the Free Conference; which being ended, the House was resumed; and the Lord Keeper reported the Effect of the Free Conference, with the
House of Commons: who prayed the Lords "to admit
the Earl of Strafford no further Use of Counsel than
is agreeable with the ancient Course of Proceedings
in Parliament and the Rules of Law, especially in this
Case that will not admit of any but necessary Delays,
in respect of the Pressingness of the Time, the Heiniousness of the Crime, and the Quality of the Persons,
the Accusers being the Subjects of Three Kingdoms."
And, because of the Shortness of Time now, it was
Ordered, This Business be debated To-morrow Morning.
Countess of Denbigh, Time given to appear in Lady Purbeck's Cause.
Ordered, That the Countess of Denbigh have Four
or Five Days longer given her, to appear in the Cause
of the Lady Viscountess Purbecke.
Ld. Morley's Cause.
It was moved, That the Lord Morley might have an
Order for bringing in the Indictment and other Records against him in the King's Bench, for killing Captain Clarke; and that the Lord Chief Justice do likewise
attend the Lords Committees for Privileges this After
noon, at the Hearing of the said Cause; which was
Lords deputed in the E. Strafford's Case to have a Commission to examine Goring.
Ordered, That a Commission, under the Great Seal
of England, be issued, to give Power to the Lords deputed to examine George Goringe, Esquire, in the Earl
of Strafford's Cause.
Answer to the last Message.
After this, the House sent a Message by Justice Foster
and Serjeant Whitfeild: To let the House of Commons
know, That their Lordships are now in a Cause of great
Weight, and will take it into Consideration, and send an
Answer in convenient Time, by Messengers of their own.
His Majesty's Approbation of the Proceedings of the House touching the Treaty with The States.
The Lord Viscount Say et Seale reported, That the
Lords appointed by this House have acquainted His
Majesty with what Resolutions this House had taken
concerning the Four Propositions of The States; and
that His Majesty takes it well from their Lordships, and
did approve of the Way, and desired their Lordships to
proceed in the Treaty.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis,
videlicet, 23m diem Februarii, hora nona, Dominis sic