House of Lords Journal Volume 4: 2 April 1641

DIE Veneris, videlicet, 2 die Aprilis.

PRAYERS.

Sutton Marsh.

Ordered, That the Lord Phillip Herbert, etc. shall have Liberty and Freedom to search and peruse such Records as they shall have Occasion to use at the Hearing of the Cause in this House concerning Sutton Marsh; and that the Clerks do attend this House, with the Originals of such Records as are to be used at the Hearing.

Further it was Ordered, That all such Witnesses as are already sworn, and all others as shall be named by the Lord Phillip Herbert and others, shall, by virtue of this Order, appear and attend, to give their Testimonies in the said Cause, at the Hearing before the Lords in Parliament; and lastly, that the Earl of March is to have the like Liberty in every Particular herein, as the Lord Phillip Herbert, if he please.

The Queen's Order to quiet her Possession of Lands in Spalding and Somersham.

It was moved, That whereas the Queen's Majesty and her Tenants have been in the quiet Possession of certain improved Lands in Pinchbecke and Somersham, Parcel of the Manors of Spaldinge and Somersham (being Part of Her Majesty's Jointure), for some Years last past; yet now of late, and sitting this present Parliament, some have disorderly attempted the breaking down of the Fences of the said Improvements, and putting in their Cattle upon the Premises, and the Molestation of Her Majesty's Tenants, and their Quiet of the same, refusing also to pay their former Rents; it is therefore thought fit, and so Ordered, That Her Majesty, and all claiming from and under Her, shall, by virtue of this Order, quietly and peaceably hold and enjoy the said Lands in the several Manors, and have and receive the Rents thereof, without any Interruption, Disturbance, or Molestation, until this House shall give further Order therein by hearing of the Cause here, or that it be tried in some other Court of Justice.

Sir John Lamb to appear the 5th of May.

Ordered, That Sir John Lambe, Knight, being in disposed in his Health, hath Leave to go into the Country, to take the Air; and that he return, and appear before the Lords in the Parliament, the Fifth Day of May next, to answer to the Impeachment against him and others, brought up from the House of Commons, concerning Mr. Smarte.

Edlyn and Fen committed for breaking the Prince's Fences at Berkhamstead.

This Day William Edlyn, Jo. Edlyn, and Francis Fen appeared, to answer the Complaint exhibited into this House by the Prince his Highness's Commissioners, for breaking down of Hedges and Ditches at Barkhamsted; but, because none of the Commissioners were present at this Time, it was Ordered, That the Cause be heard upon Tuesday next, in the Afternoon, and the Prince's Commissioners to have Notice thereof; in the mean Time, the aforesaid Delinquents are to remain in the Custody of the Gentleman Usher attending this House.

Sir Thomas Aston's Petition, touching a Libel published in the Name of the County of Chester.

After this, a Petition of Sir Tho. Aston's was read, in the Behalf of the County Palatine of Chester, against a Printed Petition, dispersed abroad as a Libel, in the Name of that County, which was supposed to be made by one Henry Walker, and sold by divers Stationers, and dispersed by others, whose Names were annexed unto the Petition; whereupon it was Ordered, That Henry Walker, Henry Hoode, Bankes, Thomas Bates, John Harrison, Bernard Alsop, and Tho. Fossett, be sent for, by the Gentleman Usher attending this House, to appear and answer the said Fact.

Sir Thomas Aston called upon, touching some Expressions in his Petition.

But there being, in the aforesaid Petition, some unsit and indiscreet Expressions, and such as were not allowable to be presented to so High and Honourable a House, the House took it into further Consideration. For the better Debate thereof, the House was adjourned into a Committee during Pleasure; and it was discussed whether Sir Thomas Aston should be called in, and kneel at the Bar, for the Manner of his Expression in his Petition, before he be heard to explain himself; or whether he should be called in, and not kneel at the Bar before his Explanation; and the House being Resumed, it was resolved, upon the Question, by the major Part, That Sir Tho. Aston should be called in, and not kneel at the Bar before he be heard to explain himself.

Explains himself.

And being called in, he explained himself; upon which the Lords were pleased to pass by the Offence.

A Message from the House of Commons, by Mr. Pim:

Message from the H. C. for some Lords, etc. to attend the Trial constantly as Witnesses.

To desire that some Lords and Assistants of this House might be present as Witnesses constantly, at the Trial of the Earl of Strafford; videlicet, the Lord Treasurer, Earl of Northumb. Earl of Bristoll, Earl of Holland, Earl of Berks, Lord Viscount Conway, and the Lord Newburgh.

The Answer to the said Message was:

Answer.

That the Lords had taken Order, That the particular Lords which they desired, should be present constantly, at the Earl of Strafford's Trial; but desired that the Lord Treasurer might have Notice upon what Day he is to be present, in regard he sits not upon the Trial, being a Bishop.

Osbaston's Sentence in the Star-chamber reversed; and he restored to his Church Preferments, etc.

Upon the Report of the Lords Committees for Petitions, "That Lambert Osbaston, Clerk, was sentenced in the Star-chamber, to be deprived and degraded of all his Spiritual Preferments, to pay an excessive Fine of Five Thousand Pounds to His Majesty, and as much in Damages to the Archbishop of Canterbury, and to undergo Corporal Punishments, mentioned in the said Sentence; whereupon the High Commission Court, without any Proof at all, did execute the Sentence of the Star-chamber, for the depriving and degrading him the said Mr. Osbaston accordingly; whereas, in Truth, the one Court nor the other had or hath Power to sentence any Subject of this Realm out of his Freehold and Inheritance;" and, after full Consideration and Debate had of the Premises, it is Ordered, upon the Question, nemine contradicente, First, That neither the High Commission Court, nor any other Ecclesiastical Court, hath Power to execute a Sentence or Decree of the Star-chamber, ministerially.

Secondly, That the said Mr. Osbaston shall be freed of and from all Fines, Damages, Costs of Suit, and Troubles, in all other Courts, arising thereupon, and from Corporal Punishments given by that Sentence and Decree in the Star-chamber against him.

Thirdly, That the said Mr. Osbalston shall be restored to the quiet Possession of both his Prebendaries, one of the Collegiate Church of St. Peter's of Westm. the other of the Cathedral Church of Lincolne, and also to his Parsonage of Whethemsteede, in the County of Hertfordshire, and to the Houses and all other Appurtenances appertaining to the Premises, by the said Osbaston formerly enjoyed, in the same Manner and Condition as he was heretofore possessed thereof before the said Sentence; and that the Profits of them, already sequestered unto his Use, by Order of this House, shall be restored, and delivered forthwith into his Hands.

Damages against the Bishop of Lincoln, in the same Suit vacated.

Fourthly, That the said Sentence of the Star-chamber, and Execution of the High Commission thereupon, against the said Mr. Osbaston, in this Cause, shall be vacated.

And lastly, That, upon the same Grounds, the Damages and Costs given against the Lord Bishop of Lincolne, in the Star-chamber, in the same Sentence against Mr. Osbaston, are and shall be hereby discharged and vacated.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 3^m diem instantis Aprilis, hora nona, Dominis sic decernentibus.