Die Martis, videlicet, 16 die Martii.
Ld. Pawlet excused.
The Lord Pawlett was excused for being absent.
Serjeant Leigh to attend.
Ordered, That the Committee for Privileges do
meet on Thursday next, in the Afternoon, at Two
a Clock, at which Time Serjeant Leigh is to attend the
said Committee, concerning his Misbehaviour in the
Countess of Suff. Business.
E. Strafford to come to his Trial on Monday next.
Ordered, That the Earl of Strafford, by Order of
this House, do appear in Person on Monday Morning
next, between Eight and Nine of the Clock, in Westminster
Hall, to receive his Trial upon the Charge of High
Treason against him by the House of Commons.
A Message from the House of Commons, by Sir
Message from the H. C. for a Conference concerning Dr. Cosens and others.
To desire a Conference, by a Committee of both
Houses, touching the transmitting of Dr. Cosens and
others; and this to be as soon as may stand with the
Conveniency of this House.
The Answer to the said Message was:
That the Lords will give a Meeting presently, in the
Painted Chamber, as is desired.
Lords to report the Conference.
The Lord Privy Seal, the Earl of Bath, the Lord
Viscount Say & Seale, and the Lord Bishop of Lincolne,
were appointed to be Reporters of the Conference.
Committee for cessing the Nobility in Subsides.
Ordered, That the Committee appointed for the
Cessing of the Nobility of this Kingdom in Subsidies
are to meet peremptorily To morrow in the Afternoon, at
Two a Clock.
Sir David Fowles released upon Bill.
Ordered, That Sir David Fowles, being now a Prisoner in The Fleet, shall be discharged of his Imprisonment, giving himself and Henry Fowles, Esquire, his Son
and Heir, for Bail.
Conference concerning Dr. Cosens and others reported.
The House was adjourned during Pleasure, and the
Lords went forth to the Conference; which being ended, the House was resumed; and the Lord Privy Seal
reported, "That Mr. Rouse declared from the House
of Commons, That he was by them commanded to
deliver to their Lordships an Impeachment against Dr.
Cosens, for Misdemeanours of divers Natures;" which
being delivered to the Clerk, was read publicly.
Afterwards the Lord Bishop of Lincolne reported the
Discourse that Mr. Rouse made upon the several Articles and Branches of the Charge. Which being ended,
the House did Order, That Dr. Cosens, and all the rest
of the Parties, be sent for, by the Gentleman Usher attending this House, to appear here on Thursday Morning next, at Nine of the Clock; and then the Impeachment to be read in their Hearing, and afterwards to receive such further Command as this House shall please
After this, a Petition of the Earl of Strafford's was
read, in hæc verba: videlicet,
E. of Strafford's Petition.
"To the Right Honourable the Lords Spiritual and
Temporal in the High Court of Parliament assembled.
"The humble Petition of Thomas Earl of Strafforde, His Majesty's Lieutenant General of
"Most humbly shewing,
"That of late your Petitioner's Counsel are much
discouraged for giving him any Assistance for making
his Defence, even in Matter of Law.
"His humble Suit therefore is, that, by your Lordships Goodness and Wisdom, some certain Course may
be resolved upon and settled, that his Counsel may
know how with Safety to govern themselves in your
Petitioner's Behalf. And he further humbly craveth,
that, by your Lordships like noble Favour, he may
be spared from giving Answer to the Petitions of private Persons against him, till the other great Charge
"And he shall with unto your Noble Lordships
the Increase and Continuance of all Honour
Order there upon.
Ordered, That the Counsel of the Earl of Strafforde be shewed the former Order of this House, made
concerning allowing of Counsel to the Earl of Strafford;
and this Petition likewise to be shewed unto them.
Reparation to the Parties petitioning against the E. of Strafford to be considered, in Case he is convicted of Treason.
Ordered, That the Committee appointed for Sir
Peirce Crosebie's Cause, instead of hearing the Cause,
shall consider and set down some Way of Provision, how
all the Parties that have Petitioned this House against
Earl Strafford shall receive Reparation, in Case any
appear to be justly due unto them, and the Earl
of Strafford be judged guilty of High Treason at his
Trial; and the said Committee to sit To-morrow Morning, at Eight of the Clock; at which Time the Lord
Chief Justice and Mr. Attorney General are to assist
Sir Pierce Crosby to examine Witnesses, if he will.
Ordered, That Sir Peirce Crosebie may, if he will,
examine what Witnesses he thinks fit, against his Cause
be heard, for Preservation of their Testimonies, in Case
they should die or not be able to come at the Hearing;
but, if they live, or be able to come, then they are to
deliver their Testimonies viva voce.
Sir John Lamb and Dr. Duck discharged of Damages in Wheeler's Cause.
Upon the Report made by the Lords Committees for
Abuses in Courts of Justice, etc. "That whereas the
same Lords Committees were formerly of Opinion, That
Sir John Lambe and Dr. Ducke should pay to Wheeler One
Hundred Pounds for Damages, for signing of a Warrant out of the High Commission Court, to apprehend
Wheeler, being then conceived to be out of the Course
of that Court; which being re-committed to the said
Lords Committees, upon the humble Petition of the
said Sir John Lambe and Dr. Ducke, who alledging
that they were not in Court when the Cause against the
said Wheler was heard, but afterwards did set their
Hands unto the said Warrant, which is the Course and
Custom of that Court, and had been liable to a Censure
of that Court if they had refused it; for which Reasons aforesaid, the Opinion of the Lords Committees was, That Sir John Lambe and Dr. Ducke are
not to pay Damages to Wheeler in this Cause, and are
to be discharged of the same;" which the House
did confirm, and Ordered the same accordingly.
A new Trial ordered between Sallows and Badger, in the King's Bench.
Upon the Report of the Lords Committees for Abuses
in Courts of Justice, "That one Thomas Sallowes hath
surreptitiously gotten a Trial in the King's Bench against
Andrew Badger, as appeareth by a Certificate from
the Lord Chief Justice; whereupon the Lords Committees were of Opinion, That the Parties go to a
new Trial in the King's Bench in this Case;" which
the House confirmed, and Ordered the same accordingly.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Mercurii, videlicet, 17m diem Martii instantis, hora nona,
Dominis sic decernentibus.