House of Lords Journal Volume 4
26 February 1641

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1767-1830

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'House of Lords Journal Volume 4: 26 February 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 172-173. URL: http://www.british-history.ac.uk/report.aspx?compid=35533 Date accessed: 31 October 2014.


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Die Veneris, videlicet, 26 die Februarii.

PRAYERS.

Commission to Sir John Banks, to sit as Speaker.

The Lord Keeper being sick, and not able to come to the House, a Commission was granted to Sir Jo. Bankes, Knight, Lord Chief Justice of the Common Pleas, under the Great Seal of England, to supply the Place as Speaker; which being read openly, he sat as Speaker upon the Wool-sack.

Countess of Exeter's Bill.

The Countess of Exeter's Bill was reported, with some few Additions; which being read Twice, the House approved of them, and Ordered the Bill to be ingrossed.

L Audley's Complaint about his Mother's Tomb defaced.

The Lord Awdley informed the House, That a Monument of his Mother's, in the Church at Fontill, was removed. The House thereupon did appoint the Lord Bishop of Sarum to enquire the Truth and the Manner of it, and give this House an Account thereof.

Time given concerning the Writ of Error, to reverse the Attainder of Lord Audley.

After this, the Lord Awdley offered to assign Errors in the Attainder of his Father; but Mr. Attorney, desiring to be heard for the King, moved the House, That, in such a Case of Consequence, Precedents might be searched, to see whether the Lord Awdley hath proceeded in the Writ of Error after a Parliamentary Way.

Hereupon the House did Order, That To-morrow Morning the Lord Awdley's Counsel give their Reasons to this House why they advised the Lord Awdley to this Course of Proceeding; and then the King's Counsel afterwards to be heard to speak to the Petition and the Errors, whether the Proceedings be in a Parliamentary Way or not, and likewise to speak to the whole Business.

Marquis of Winchester's Bill.

Hodie 3a vice lecta est Billa, An Act for to enable the Marquis of Winchester to grant Estates for Three Lives, or One and Twenty Years, etc. of Lands in the County (fn. *) of South'ton, reserving the old Rents; and, being put to the Question, it was consented to pass, nemine contradicente.

The Lord Roche's Petition was read, and referred to the Committee appointed for Sir Peirce Crosebie's Cause.

Recovery of L. Stafford's Honour.

Ordered, That the Fine and Recovery of the Lord Viscount de Stafford's Honour be brought into this House.

Ordered, That Mr. Attorney General do attend the Committee for Privileges concerning Foreign Honour, upon Monday come Sevennight, the 8th of March.

Message from the H.C. for Conference about the Archbishop of Cant.

A Message from the House of Commons: To desire a Conference, with a Committee of both Houses, at such Time as their Lordships will please to appoint, touching the Articles of High Treason against William Laude, Archbishop of Cant.

Answer.

The Answer to the said Message was: That their Lordships will give a Meeting, as is desired, presently, in the Painted Chamber.

The Lord Privy Seal,
The E. Marshal,
E. of Bath,
L. Viscount Say et Seale,
Ds. Wharton,

Were appointed to report the Conference.

Archbishop of Cant. to be brought to hear his Charge.

The Gentleman Usher was appointed to go and fetch the Lord Archbishop of Cant. to hear his Charge read.

Report of Articles of High Treason against the Archbishop of Cant.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lords returned, and the House was resumed; and then the Lord Privy Seal reported, "That Mr. Pim had, by the Directions of the House of Commons, brought up Articles of High Treason against the Lord Archbishop of Cant. and afterward, in a Speech, expressed the Nature of the Charge, and the Order of it; and concluded with a Desire from the House of Commons, that he may be put to his Answer, and the same Course held in this Case, concerning preparatory Examinations and other Proceedings, as was taken in the Earl of Strafford's Case; and that the said Archbishop of Cant. may come to a speedy Trial."

Archbishop of Cant. brought to the Bar.

This being done, the Archbishop of Cant. was brought to the Bar; and the Speaker told him, That the House of Commons had brought up Articles of High Treason against him; and their Lordships had appointed they should be read unto him.

Articles against him read.

The Articles being read; he having Liberty to speak, made it his humble Suit to the House, That he might remain in the Custody of Mr. Maxwell, the Gentleman Usher, until Monday Morning; and so withdrew.

To be committed to the Tower.

Then the House did Order, That the Archbishop of Cant. be committed to The Tower; but to remain in the Custody of the Gentleman Usher until Monday next, and then to be transmitted to The Tower. In the mean Time, the Gentleman Usher to be responsible for his safe Custody, and not to be admitted the Liberty of going abroad to take the Air, as formerly was allowed him.

Is informed of the Order for his Commitment.

The Archbishop being brought to the Bar again, the Speaker told him what Order the House had made concerning his Commitment to The Tower.

After this the House did appoint that the

Lords appointed to desire His Majesty to sequester His Ecclesiastical Offices.

Lord Privy Seal,
Lord Great Chamberlain,
Earl Marshal,
Lord Chamberlain,
Earl of Essex,
Earl of Cambridge,

Do desire His Majesty, from this House, "That all the Ecclesiastical Offices of the Lord Archbishop of Cant. may be sequestered; and that he (fn. *) be not permitted to present to, nor dispose of, any Livings, untill he hath cleared himself of the High Treason charged against him."

Order to vacate the Judgement concerning Ship-money.

Upon the Report of the Right Honourable the Lords Committees appointed to consider of the Way of vacating of the Judgement in the Exchequer, concerning Shipping-money; it was Ordered by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That the Lord Keeper, or the Master of the Rolls, the Two Lord Chief Justices and the Lord Chief Baron, and likewise the Chief Clerk of the Star-chamber, shall bring into the Upper House of Parliament the Record in the Exchequer of the Judgement in Mr. Hampden's Case, concerning Ship-money, and also the several Rolls in each several Courts of King's Bench, Common Pleas, Exchequer, Star-chamber, and Chancery, wherein the Judges extrajudicial Opinions, in the Cases made touching Ship-money, be entered; and that a Vacat shall be made in the Upper House of Parliament of the said several Records; and that likewise the Judgement of Parliament, touching the Illegality of the said Judgements in the Exchequer, and the Proceedings thereupon, and touching the Illegality of the extrajudicial Opinions of the Judges in the said several Courts, concerning Ship-money, be annexed or apostiled unto the same; and that a Copy of the Judgement of the Parliament, concerning the Illegality of the said Judgement in the Exchequer, and the said extrajudicial Opinions of the said Judges concerning Ship-money, be delivered to the several Judges of Assize; and that they be required to publish the same at the Assizes in each several County within their Circuits, and to take Care that the same be entered and inrolled by the several Clerks of Assizes; and, if any Entry be made, by any Custos Rotulorum, or Clerk of Assize, of the said Judgement in the Exchequer, or of the said extrajudicial Opinions of the Judges, that several Vacats be made thereof, per Judicium in Parliamento; and that an Act of Parliament be prepared against the said Judgement and extrajudicial Opinions, and against the Proceedings touching Shipmoney.

All Records and Inrollments concerning Ship money to be vacated.

Ordered, That all the aforesaid Records and Inrollments concerning Ship-money be brought into this House To-morrow Morning, to be vacated, and to be the First Business dispatched.

Mc. Carthy's Petition.

Ordered, That the Petition of Dermond Mc. Carthy, Esquire, be referred to the Committee appointed for Sir Peirce Crosebie's Cause.

Consideration of Trial of Peers out of Parliament.

Ordered, That, upon Monday come Sevennight, videlicet, 8th Day of March, the Committee for Privileges do take in their Consideration whether a Peer of this Realm shall be tried for his Life out of Parliament; and the Statutes in this Case to be perused.

Hide versus Lloyd in Error.

Ordered, That Ann Hide, Widow, Plaintiff in a Writ of Error depending in this House, against Thom. Lloyd, Defendant, shall assign Errors on Monday the First Day of March, 1640, in the Forenoon; or, in Default thereof, shall become Nonsuit; and that the Transcript of the Record sent into this Court from the Court of the King's Bench, shall be from hence remitted into the said Court, that so the said Tho. Lloyde may there take forth Execution upon his Judgement, the said Writ of Error superseded thereupon notwithstanding.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 27m diem instantis Februarii, 1640, hora nona, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Origin.