Die Sabbati, videlicet, 20 die Martii.
PRAYERS.
Newport and Carisbrook distinct Parishes.
Hodie 3a
vice lecta est Billa, An Act for making the
Town of Newporte, in the Isle of Wight, and County of
South'ton, (fn. *) a distinct Parish from Carisbrooke, and the
Chapel of St. Tho. there to be a Parish Church, and
the Mayor and Burgesses of Newport and their Successors to have the Presentation of a Parson to the said
Church. And, being put to the Question, it was consented to pass, nemine contradicente.
Sir Thomas Powell and Alderm. Harvy to re-pay Ship-money raised in Cheshire.
It was signified to the House, That Sir Tho. Powell,
Knight, Sheriff of the County of Cheshire, and Robert
Harvie, Alderman of the City of Chester, having received
Money, by virtue of His Majesty's Writs for Shippingmoney, of divers and several Persons, do now desire the
Directions of this House how they shall dispose of the
Moneys so collected; whereupon the House did Order,
That the said Sir Thomas Powell and Alderman Harvie
shall give an Account to Sir George Booth and Sir Richard
Wilbraham, Baronets, for the Money received of the
County; and to the Mayor and Sheriffs of Chester, for
the Money received of that City; and that they shall repay the several Sums of Monies so collected to the
Owners from whom the several Sums were received.
Next the Irish Commissioners were called in, to deliver their Opinions concerning the disbanding of the new
Irish Army, and reinforcing the old Army; who gave
the House this Answer:
Treaty with the Irish Committee, about disbanding the new Irish Army.
"That they, being Commissioners from the Two
Houses of Parliament, the Representative Body of
Ireland, have no Power from the Parliament there to
treat about the Army; neither dare they presume to
advise the disbanding of it, not knowing the dangerous Consequences that may follow thereupon; nor
advise the Continuance thereof, or any Part thereof,
by reason of the extreme Poverty of that Kingdom,
to which it hath been of late reduced; and, since they
have received no Directions concerning that Army,
they humbly desired not to be put to any positive Answer; but rather humbly submit it to His Majesty's
own Royal Consideration and deep Wisdom; to
whom, under God, the Care and Safety of that Kingdom is committed."
The House, resolving to take the Business of disbanding the Army further into Consideration, Ordered, That the Earl of Corke, Lord Viscount Willmott,
Lord Dillon, and the Lord Rannelaugh, shall have Notice to meet here on Thursday in the Afternoon; and
the same Lords Committees as conferred with the Irish
Commissioners, appointed to acquaint them with the
whole State of the Cause, and what hath passed between both Houses, concerning the disbanding of the
Irish Army, and reinforcing the old Army.
Absent Lords not to vote in the Earl of Strafford's Case by Proxy.
It was reported, "That the Lords Committees, appointed to consider whether Proxies should be used in
Cases of Blood, were of Opinion, That those Lords
that have Proxies of absent Lords shall, in this Case
of the Earl of Strafford, forbear to make Use of
them for this Time, saving to them their Rights."
Also the Lords were of Opinion, "That those that voted
in the House of Commons in the Earl of Strafford's
Case, and since are Peers, may vote as Judges here
in this House in the same Cause." And further the
Lords Committees desired, "That the Lords the Bishops
might shew Reason why they should not likewise forbear giving Proxies in the said Case."
Which the House taking into Consideration, did Order, That their Lordships do hold it fit, that, for this
Time, and in this Case, those Lords that have Proxies
of absent Lords shall make no Use of them, saving to
themselves the Right of Peers.
Next the Lords the Bishops did declare, That they
likewise will not at this Time make any Procurator for
themselves, saving to themselves their Rights.
Order concerning Earl Strafford's Trial.
Ordered, That, in this Proceeding of the Trial
against the Earl of Strafford, this House will proceed
therein in a Parliamentary Way.
Message from the H. C. for a Conference this Afternoon.
A Message from the House of Commons, by Mr. Bellasis: To let their Lordships know, that, in regard of
the great and urgent Occasions of this Kingdom, that
they intend to sit as a House this Afternoon; therefore
they desire their Lordships will please to do the like, in
regard there may be some Occasion of Conference.
Ordered, That this House doth sit this Afternoon,
at Two of the Clock.
Answer to the Message:
Answer.
That this House will sit at Two a Clock this Afternoon.
Petition of Spotwood & al. against E. Strafford.
Ordered, That the Petitions of Henry Spottwood,
Sir Edward Beecher, and Mr. Lyle, be received into
this House, and be considered of amongst the rest of
those Petitions that are to take Benefit of the provisional
Order, in Case the Earl of Strafforde be adjudged guilty
of Treason, and their Cause found to be just, and deserve Reparation.
After, a Question arose, whether a Peer that is a
material Witness against the Earl of Strafforde at his Trial,
may be a Judge against him.
For the debating hereof, the House was adjourned
during Pleasure; and then the Lords the Bishops (being
in Agitatione Causæ Sanguinis) withdrew themselves.
After some Time spent in this Debate, the House was
resumed, and nothing resolved; but Ordered, That
the further Consideration of this Particular be referred
until this Afternoon.
Nash versus Kynaston in Error.
Upon Signification unto this House, That Tho. Nash,
Plaintiff in a Writ of Error, against Charles Kynaston
Defendant, was Ordered, on the 5th of March last,
to assign Errors upon the 12th of March then next following, or to be dismissed this House; and that, after,
their Lordships were further moved, upon the said 12th
of March, to grant him the said Nash a longer Time;
it was again Ordered, That peremptorily he should
assign his Errors on the 20th of this Instant March;
and, upon Default, to stand Nonsuit; and the Transcript
of the Record to be sent into the King's Bench; on
which said 20th Day of March 1640, the said Petitioner
Nash exhibits his Petition again unto their Lordships,
pretending that the said Record is not fully removed;
whereupon it is Ordered, etc. That the Cursitor of
Midd. shall make forth a Certiorari, returnable the 5th
of April next, to the Lord Chief Justice of the King's
Bench, to certify the Original Writ, venire facias, distringas & Nomina Juratorum. And in Case the said Writ
of Certiorari shall not be returned upon the said 5th of
April aforesaid, that then the said Nash shall be Nonsuit, and the said Transcript of the Record shall be remitted into the King's Bench, that so the said Ch.
Kyneston may take out his Execution upon his Judgement, the said Writ of Error superseded thereupon notwithstanding; and no further Prosecution in this House
to be had therein.
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in post
meridiem hujus diei, hora 3a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
A Message from the House of Commons, by Mr.
Marten:
Message from the H. C. for a Conference concerning the E. Strafford's Trial.
To desire a Free Conference, as soon as it will stand
with their Lordships Conveniency, by the same Committee as formerly, touching the last Free Conference
concerning the Earl of Strafford.
Answer.
The Answer to the said Message was: That their
Lordships will give a Meeting presently, with the same
Committee as formerly, in the Painted Chamber, as is
desired.
Lords to report the Conference.
The Earl Marshal,
The Earl of Bath,
Earl of Warwicke,
Earl of Bristoll, and the
Lord Viscount Say & Seale,
Lord Wharton, and the
Lord Roberts,
Were appointed to report the Conference.
Conference reported.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed, and the Earl of Bath reported the
Conference, which was concerning the Trial of the Earl
of Strafforde.
After this, Dr. Cosens, and others joined with him in
the Impeachment brought up hither from the House of
Commons, entered into Bail; which was taken openly in
the House, by the Lord Chief Justice of the Common
Pleas, who sat as Speaker: videlicet,
Thomas Carr-Præbendarius of Durham, battled.
Thomas Carr, Præbendarius de Durham, Ralph Brownrigg, Theologiæ Doctor, et Lewis Moulins, de London. recognoverunt seipsos debere Domino Regi Sex Mille Libras,
levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis, etc.
The Condition of the abovesaid Recognizance is, That,
Thomas Carr, one of the Prebendaries of Durham, shall
appear Personally here before the Lords in Parliament,
and be present at the Judgement of Parliament against
him, if any shall be, then this Recognizance to be void;
else to remain in Force.
Sir Jo. Lamb bailed.
Johannes Lambe, Miles, recognovit se debere Domino
Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et
Catallis suis ad usum Domini Regis, etc.
The Condition of the abovesaid Recognizance is, That,
if the said Sir Jo. Lambe, Knight, shall appear Personally here before the Lords in Parliament, and be
present at the Judgement of Parliament against him, if
any shall be, then this Recognizance to be void; or else
to remain in Force.
Dr. Sammes bailed.
Gulielmus Sammes, Legum Doctor, recognovit se debere
Domino Regi Mille Libras, levari ex Terris, Tonementis,
Bonis, et Catallis suis, ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Ferdinand Moorecraft bailed.
Ferdinandus Moorecraft, unus Præbendariorum de Durham, recognavit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis,
ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Geo. Moorecraft bailed.
Georgius Moorecraft, unus Præbendariorum de Durham,
recognovit se debere Domino Regi Quinquaginta Librus,
levari ex Terris, Tenementis, Bonis, et Catallis suis, ad
usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Dr. James bailed.
Gulielmus James, Theologiæ Doctor, et unus Præbendariorum de Durham, recognovit se debere Domino Regi
Quinquaginta Libras, levari ex Terris, Tenementis, Bonis,
et Catallis suis, ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Dr. Clarke bailed.
Gabriel Clarke, Theologiæ Doctor, unus Præbendariorum
de Durham, recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Dr. Duncombe bailed.
Eliazar Duncombe, Theologiæ Doctor, Tho. Hurst,
Johan. Buck, & Mallory, recognoverunt seipsos debere Domino Regi Tres Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Dr. Cosens bailed.
Johannes Cosens, Theologiæ Doctor, unus Præbendariorum
de Durham, Johan. Tollye, de London. & Tho. Blackeston de London. recognoverunt seipsos debere Domino Regi
Decem Mille Libras, levari ex Terris, Tenementis, Bonis,
et Catallis suis, ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Wm. Easdell bailed.
Gulielmus Easdell, Armiger, recognovit se debore
Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.
With the same Condition as Sir Jo. Lambe's.
Dr. Hodson bailed.
Johannes Episcopus Lincolne recognovit se debere Domino Regi Quinquaginta Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, etc.
The Condition of the abovesaid Recognizance is, That,
if Phineas Hodson, Doctor of Divinity, one of the Prebends of Yorke, shall appear Personaliy here before the
Lords in Parliament, and be present at the Judgement of
Parliament against him, if any shall be, then this Recognizance to be void; or else to remain in Force.
Thomas Burwell bailed.
Thomas Episcopus Dunel. recognovit se debere Domino
Regi Quinquaginta Libras, levari ex Terris, Tenementis,
Bonis, et Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is,
That, if Tho. Burwell, Esquire, one of the High Commissioners of the Province of Yorke, shall appear Personally here before the Lords in Parliament, and be
present at the Judgement of Parliament against him, if
any shall be, then this Recognizance to be void; else
to remain in Force.
Dr. Wickham bailed.
Thomas Episcopus Dunel. recognovit se debere Domino
Regi Quinquaginta Libras, levari ex Terris, Tenementis,
Bonis, et Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is, That,
if Henry Wickham, Doctor in Divinity, one of the Prebends of Yorke, shall appear Personally here before the
Lords in Parliament, and be present at the Judgement of
Parliament against him, if any shall be, then this Recognizance to be void; else to remain in Force.
Thriscrosse bailed.
Johannes Comes de Bristoll recognovit se debere Domino
Regi Quinquaginta Libras, levari ex Terris, Tenementis,
Bonis, et Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is, That,
if Thriscrosse, one of the High Commissioners
of the Province of Yorke, shall appear Personally here
before the Lords in Parliament, and be present at the
Judgement of Parliament against him, if any shall be,
then this Recognizance to be void; else to remain in
Force.
Dr. Stanhope bailed.
Henricus Comes de Holland recognovit se debere Domino
Regi Quinquaginta Libras, levari ex Terris, Tenementis,
Bonis, et Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is, That,
if George Stanhope, Doctor of Divinity, one of the High
Commissioners of Yorke, shall appear Personally here
before the Lords in Parliament, and be present at the
Judgement of Parliament against him, if any shall be,
then this Recognizance to be void; else to remain in
Force.
Sir. Ch. Cæsar to appear in Parliament.
Memorandum, That Sir Charles Cæsar, Knight, Master
of the Rolls, gave his Word to the House, to appear
Personally before the Lords in Parliament, and be present at the Judgement of Parliament against him, if
any shall be; which this House accepted of.
Mr. Smart released.
Ordered, That Mr. Smarte be released from his
Imprisonment, being committed pro Causis Ecclesiasticis;
and likewise, that the Book of Acts of the Dean and
Chapter of Durham be brought in, at the Hearing of
Mr. Smarte's Cause; and all such Witnesses to appear
as concerns the Cause.
Ordered, That the Petitions of the Lord Brabazon
and the Lord Boltinglasse be received into this House,
and admitted into the Number of those that are to be
considered of for Reparation from the Earl of Strafford.
A Message from the House of Commons, by Sir
Hugh Chomeley:
Message from the H. C. for a Conference about the Affairs of both Kingdoms.
To desire their Lordships to give them a present Conference (if it stands with their Lordship's Conveniency),
concerning the Affairs of both Kingdoms, by a Committee of both Houses.
The Answer to the said Message was:
Answer.
That their Lordships will give them a present Meeting, in the Painted Chamber, as is desired.
Lords to report the Conference.
|
|
The E. of Bath,
E. of Warwicke,
E. of Bristol,
E. of Holland, |
L. Viscount Say et Seal,
L. Bp. of Lincolne, and the
L. Wharton, |
Were appointed to report the Conference.
Dr. Wickham et al. being bailed, not to be brought up.
Ordered, That Dr. Wickham, Dr. Stanhope, Dr.
Hodson, Mr. Burwell, and Mr. Thriscrosse, shall be excused from coming up with the Messenger of this House,
having given Bail for (fn. *) their Appearance.
Report of the last Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Earl of Bath reported the
Conference, to this Effect:
"That the House of Commons, upon Consideration
of the Paper last sent down from their Lordships,
touching the Affairs of both Kingdoms, are very
sensible both of the Extremity and Sufferance of the
Scottish Army, and the Two Counties wherein they
are, for Want of Money and Supply expected from
hence, and of the King's Army, and the County of
Yorke, which is under the same Extremity.
"The House of Commons hath taken their best Endeavours, both for the Prevention and Removal of
these Mischiefs; and to that Purpose hath passed an
Act for the levying Four Subsidies; and, finding that
Supply not to be sufficient for the present Occasion,
have since voted in their House Two Subsidies more.
"That, upon their Computation of those Six Subsidies, they supposed the Sum to be raised thereupon
will amount to above Three Hundred Thousand
Pounds.
"The Money already raised by the House upon the
Credits, and disbursed for those Employments, amounted to One Hundred Seventy-five Thousand Pounds;
so that, if their Computation upon the whole fail
not, there remained still of the Six Subsidies above
One Hundred and Twenty Thousand Pounds.
"That there hath been no Ways left unattempted,
which they could possibly think of, for the providing
of present Money; but cannot find any which is
likely to answer the Urgency and Necessity of the
Occasion.
"Since it appears there remains of the Six Subsidies,
towards the present necessary Disbursements, above
One Hundred and Twenty Thousand Pounds, and the
present providing the same so much concerns the
Welfare and Subsistence of the whole Kingdom, they
desire your Lordships Advice what is to be done, in
this great Exigent, for the Safety of the Kingdom."
Next a Message was sent to the House of Commons,
by Sir Edward Leech and Serjeant Whitfeild:
Message to the H. C. to sit on Monday P.M. as the Lords will, on the Business relative to the Subject of the late Conference.
To let them know that this House will sit some Time
on Monday in the Afternoon, about the Business of the
late Conference; and that their Lordships do desire the
House of Commons to sit likewise as a House, at the
same Time.
The Answer returned from the House of Commons:
Answer.
That they will likewise sit on Monday in the Afternoon.
Order to secure Quietness during the Earl of Strafford's Trial.
Ordered, That Notice be given to the Lord Mayor,
Aldermen, and Sheriffs of the City of London, and likewise to the Deputy Lieutenants and Justices of Midd.
and the Justices of Peace of the City of Westm. to take
Care for the safe Guarding of the Gates, and other Places,
thereby to prevent the Concourse of People resorting to
Westm. during the Time of the Trial of the Earl of
Strafforde.
Conference about equal Assessment of Subsidies.
Memorandum, That a Conference is thought fit to be
had with the House of Commons in convenient Time,
about the equal and proportionable Assessment of the
Subsidies.
Adjourn.
Dominus Capitalis Justiciarins de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Lunæ, videlicet, 22m diem instantis Martii, hora nona,
Dominis sic decernentibus.