DIE Martis, videlicet, 23 Februarii.
Ordered, That Mr. Fretswell's Petition is referred
to the Committee appointed for Sir Peirce Crosebie's
Ld. Powis's Petition.
Ordered, That the Petition of the Lord Powis be
received into the House.
Sir Peirce Crosby's Petition.
The Petition of Sir Peirce Crosebie was read, and referred to the former Committees appointed for his Business.
E. of Nottingham's Privilege. Weld's Arrest.
Next, Forrest, Pen, Underwood, and Davenport, were
brought to the Bar, as Delinquents, for arresting Jer.
Weld, menial Servant to the Earl of Nottingham, and
having a Protection from his Lordship; and it appeared,
by the Testimony of Underwood the Attorney, that Pen
the Solicitor came to Underwood, and demanded of him
the Execution which was against Weld, at the Suit of
Forrest, who was then out of Town, and knew not of
the Protection; which the said Underwood denied to give
unto the said Pen, telling him that he heard that
Weld was privileged by a Lord's Protection; but the
said Pen told him, if he would take out the Execution,
he would bear him out in it; and, after much Importunity, the said Underwood did deliver to Pen the Execution, but meddled no further in the Business; the Execution being delivered to (fn. *)
Davenport the Serjeant,
Weld was arrested. Hereupon the House, conceiving Pen
only to be guilty of the Breach of Privilege in this Business, Ordered he should be committed forthwith
to The Fleet, and the rest to be discharged.
Leave to Serjeant Whitfield to go the Circuit.
Ordered, That Mr. Serjeant Whitfeild have Liberty to go the Kentish Circuit, and afterwards to attend
this House again.
Debate about the Papists at Court.
After this, the House proceeded to debate the Third
Part of the Conference with the House of Commons,
touching the removing of the English Papists from the
King's Court; and the House did resolve to join with
the House of Commons in humble Desire to His Majesty
in the Matter of the whole Conference.
Message to the H. C. for a Conference on the above.
To this Purpose a Message was sent to the House of
Commons, by Baron Hendon and Justice Foster:
To desire a Free Conference, touching the Three Particulars of their Message; and this to be presently, in
the Painted (fn. *) Chamber, if it may stand with their
The Lord Keeper was appointed to deliver the Conference; and the Earl of Hartford, Earl of Dorsett, Earl
of Bristoll and Earl of Holland, to deliver the Effect of
what they spake here Yesterday in Debate of this Business, by way of Narration.
Rhodes versus Reeves.
It was reported by the Lords Committees for Imprisonments, etc. "That, upon the Petition of Benjamin
Rhodes, of Ampthill, in the County of Bedford, against
Hugh Reeve, Clerk there, their Lordships found the
said Hugh Reeve guilty of divers Articles preferred
against him, as maintaining that the Bread and Wine
delivered in the Sacrament after Consecration is
turned into the very Body and Blood of Christ, by
way of Transubstantiation. He further said, that
Preaching is not the Service of God, and hath vilified the Sabbath-day; and holds that no Man can
be assured of his Salvation in this Life; yea, St.
Paul himself was not assured thereof. That the said
Reeve hath been confessed by a Popish Priest, and reconciled to the Church of Rome, and hath persuaded
others thereunto; and likewise, he being a Bishop's
Surrogate, kept a Court without a Register, whereby
he hath been and still is very troublesome amongst his
Neighbours, with Suits in the Ecclesiastical Courts,
without any just Cause.
"That, for these and other great Misdemeanours expressed in the said Articles, the said Hugh Reeves hath
been often admonished for to redress, and hath often
been reproved by Learned Men; but he hath still
persisted therein, to the great Molestation and Trouble of all his Parishioners. Most of these Articles the
said Reeve confesses himself guilty of, and hath offered
to make such Recantation as shall be drawn up by the
Lord Bishop of Durham and Bishop of Sarum; and,
because it is conceived the said Reeves hath not done
these Things out of Malice, which if they were
would deserve a far greater Censure, but out of Ignorance, the Lords Committees are of Opinion and
think it fit, That, for these Things, he is deprived of
all his Ecclesiastical Livings; and the Lord Keeper
to present an honest Man in his Place; and that the
House wherein the said Reeve dwelled shall not be
separated from the Church of Ampthill: That he
make his Recantation, as is drawn up by the Lord
Bishop of Durham and Lord Bishop of Sarum; and
that he never be a Bishop's Surrogate more, nor any
other Ecclesiastical Officer."
All which this House did confirm, and Ordered the
The Answer of the House of Commons to the Message was:
Answer from the H. C. to a Message.
That they will give a Meeting presently, as is desired.
Then the House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
E. of Strafford's being allowed Counsel debated.
After this, the House debated the Desire of the
House of Commons on Monday last, That their Lordships
would 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; and,
after some Consideration herein, the House did appoint the
Lords appointed to prepare an Answer to the Commons concerning this.
E. of Bath,
E. of Hartford,
E. of Essex,
E. of Bristoll,
|L. Viscount Say et Seale,
To withdraw themselves, to advise and prepare, and
then to present to this House, what is fit to be returned by way of Answer to the House of Commons.
The aforesaid Lords, being returned, presented
Paper to the House; which being read, was approved
of. The Contents was as followeth:
"That we shall admit of no further Use of Counsel
than the Necessity of the Cause for his just Defence
requireth, and wherein Counsel may, with the Justice and Honour of this House, be afforded him;
and that there shall be no Delay in the Proceeding,
but all convenient Expedition used, according to their
Hereupon a Message was sent to the House of Commons, by Justice Reeves and Mr. Attorney General:
Message to the H.C. for Conference.
To desire a Free Conference, touching the Meeting of their Free Conference Yesterday, concerning
the Proceedings in the Earl of Strafford's Case.
E. of Strafford to be brought To-morrow to deliver his Answer in Writing.
Ordered, That a Warrant be sent to the Lieutenant of The Tower, to bring the Person of the Earl of
Strafford hither To-morrow Morning at Nine of the
Clock, to put in his Answer in Writing, according to
a former Order of this House.
The Answer of the House of Commons to the Message was:
Answer from the H.C.
That they will give a Meeting, presently, as is desired.
L. Keeper to deliver the Conference.
The Lord Keeper was appointed to deliver the Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended,
the House was resumed.
Damages given to Hill versus Buxton.
Upon the Report of the Lords Committees for Imprisonments, etc. "That Abraham Hill, a poor and an
aged Man, was committed to Prison, Anno 1636, by
Robert Buxton, then Mayor of Colchester, by his
verbal Command only, without Warrant or Cause
shewed, and continued in Prison for the Space of
Sixteen Weeks, to the utter Undoing of himself,
his Wife, and Four Children; upon Consideration
of all which unjust Proceedings of the said Buxton,
the Lords of the Committee are of Opinion, That
the said Robert Buxton should pay unto the said Abraham Hill the Sum of Sixteen Pounds, by way of Damages."
Which the House approved of, and Ordered the
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Mercurii, videlicet, 24m diem instantis Februarii, hora
nona, Dominis sic decernentibus.