DIE Lunæ, videlicet, 12 die Aprilis.
E. of Cleveland versus L. P. Herbert, touching the Manors of Stepney and Hackney.
The Counsel of the Earl of Cleveland were called in,
to shew why the Lord Phillip Herbert and others should
not have the actual and real Possession of the mortgaged
Lands of Stepney and Hackney, according to an Order
made the 8th Day of January 1640, by the Lords Committees for Petitions.
The Counsel of the Earl of Cleveland alledged, "That
his Lordship hath put in a Bill into this House, according to the Order, and therefore desires to be still
in the Possession; and desired that he may be enabled,
by the Act of Parliament, to make his Lands liable and
disposed to the Payment of all his Creditors; and
that, if the Lord Phillip Herbert and others have the
said Lands in Possession, that they may perform the
Payments of the Debts according to the Tenor of the
Act, and be liable thereunto for the same;" but, because it is alledged that the Earl of Cleveland hath put
in a Bill into this House, and it appears not that it hath
been perused or agreed on by the Counsel of the Lord
Phillip Herbert and others; this House doth therefore
Order, That the Counsel of the Earl of Cleveland be
heard To-morrow Morning, at this Bar, to shew Cause
why the Lord Phillip Herbert and others should not
have the Possession of the mortgaged Lands of Stepney
and Hackney, according to the Order of the 8th of January 1640, and then likewise the Counsel of the Lord
Herbert to be present, and be heard, if they desire it.
March et al. versus the E. of Cleveland.
Ordered, That the Petition of Thomas Marche, of
Limehouse, and others, Creditors of the Earl of Cleveland, having Estates made unto them from the said
Earl, may be considered of when the Bill of the said
Earl is committed, that a Provision be made that they
quietly enjoy their Estates, according to the Tenor and
Intent of their Deeds.
Dr. Cosens and others, to be heard the 5th of May.
Ordered, That the Impeachment brought up from
the House of Commons, against Dr. Cosens and others,
be read, and taken into Consideration, on the 5th Day
of May next; at which Day all the Parties that are
charged in the said Impeachment are to appear, according to the Condition of their Recognizances.
Osbaston's Order confirmed, versus Dr. Eglionby.
Upon the Complaint of Lambert Osbaston, Clerk, "That
Dr. Eglionby refused to perform the Order of this
House made the 6th of April;" it was Ordered, That
the said Order be confirmed and performed in all Parts
punctually; and the Lord Bishop of Lincolne, Dean of
the Collegiate Church of Westm. do see that the said
Order be performed forthwith.
Mr. Wentworth to visit the E. of Strafford.
Ordered, That William Wentworth, Esquire, Brother to the Earl of Strafford, shall have Leave and Access to visit the said Earl of Strafford, in The Tower, as
often as he shall have Occasion.
Pressing Soldiers in Gloucestershire.
Ordered, That the Commission formerly issued by
Order of this House, for Examination of the Abuses in
pressing of Soldiers in Glocestershire, be returned into
this House, and the said Commission referred unto the
Consideration of the Committee for Petitions.
Upon this, Cooke, upon Oath, delivered in the
said Commission, as he received it from the Commissioners.
Parrett's Bond for his Appearance.
Parret recognovit se debere Domino Regi Quingentas Libras, levari ex Terris, Tenementis, Bonis, et
Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is, That,
if Parrett, who stands impeached by the House
of Commons, shall Personally appear before the Lords
in Parliament upon the 5th Day of May next ensuing,
and abide the Judgement of Parliament, if any shall
be, against him, then this Recognizance to be void;
else to remain in Force.
Walker against Sir John Lamb, Order upon the Report.
Whereas the Cause between Doctor Walter Walker
and Sir John Lambe was reported to this House the 13th
of March last, but nothing then resolved of; their Lordships this Day revived the Cause, and considering that
Sir Jo. Lambe hath held his several Offices from him,
and hath taken the Profits thereof to himself, being
worth One Hundred and Fifty Pounds per Annum, and
since, by great Menaces and Oppressions, unduly forced
the said Walker to release all Suits and Actions, and to
surrender or deliver up into the said Sir Jo. Lambe's
Hands both the Patents in Question, without any Consideration at all, to the utter Ruin of the said Walker,
and, as he affirms, to his Damage of above Fifteen
Hundred Pounds. Upon Consideration of all which
Oppressions and indirect Proceedings of the said Sir
Jo. Lambe, and his unjust Vexations in the whole Course
of the Business, it is finally Ordered, by this House,
That the said Sir John Lambe shall pay unto the said
Dr. Walker, by Way of Damages, the full Sum of
Twelve Hundred Pounds forthwith. And touching his
Crimes of stopping the Course of Justice by extrajudicial and illegal Commands, it is further Ordered,
That the said Sir John Lambe shall be brought to this
Bar as a Delinquent, and there receive Reprehension
and Admonition for the same. (fn. *)
Supply desired for Berwick.
The Earl of Holland, Lord General, signified to the
House, "That he had received Information from
Barwicke, that the Provisions of that Town are all
spent, and no Provisions are to be had, neither out of
Scotland nor out of Northumberland, being all spent
in that Country already; so it is to be feared, unless
some Provisions be speedily sent them, the Soldiers
will desert the Garrison, it being a Place of great
Consequence, wherein there are an Hundred Pieces
of Ordnance and Ten Thousand Arms; besides the
Danger of the Loss of that Town, if there should be
any Attempt upon it." Upon this, the House thought
it fit, that this should be spoken of at the next Conference
with the House of Commons concerning the supplying
of the Northern Parts of this Kingdom.
After this a Message was sent from the House of
Commons, by Mr. Hampden:
Message from the H. C. to desire that this House would sit some Time.
To let their Lordships know, that they are now debating of a weighty Business, and preparing for a Conference; therefore desire their Lordships that they would
sit a convenient Time, and they will come up with a
The Answer to the Message was:
That their Lordships will sit a convenient Time, as is
A Message from the House of Commons, by Mr.
Message from the H. C. for a Conference concerning the E. of Strafford.
To desire a Conference, by a Committee of both
Houses, touching the Proceedings against the Earl of
Strafforde, and some Matters lately discovered.
Answer to the said Message was:
That their Lordships will give a present Meeting, in
the Painted Chamber, as is desired.
Lords to report the Conference.
The Earl of Bath,
Earl of South'ton,
Earl of Warwicke,
Earl of March,
Lord Viscount Say & Seale, and
Were appointed to report the 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; the Effect whereof followeth:
The Report concerning the Paper about the Trial of the E. of Strafford.
"That the Committee that managed the Evidence
for the House of Commons against the Earl of Strafford, intended to produce some further Proof to the
Twenty-third Article; but the House intends (in regard of the Distractions of the present Times, and
that much Time hath been spent therein) to come to
a general Reply, setting aside that Evidence for this
Time, saving to themselves their Rights to make Use
of the said Evidence for the further Proof of the
Twenty-third Article, if their Lordships shall be unsatisfied concerning the same, without admitting the
said Earl of Strafford to examine upon any of the
other Articles; and that, upon Occasion of Discovery
of this Evidence, a Paper was read in that House,
whereby it did appear that, at the same Time when
the dangerous Words were spoken by the Earl of
Strafforde, touching the bringing the Irish Army into
England, other Words were spoken by Two others
then present, deciphered by their Letters, L. Arch.
L. Cott. by which they conceive is meant the Lord
Archbishop of Cant. and the Lord Cottington, which
Paper was found in Sir Henry Vane's Cabinet. Therefore they did desire their Lordships will take some
Course that it may be duly examined by whom these
Words were spoken, that there may be some further
Proceedings, to prevent the Dangers that may ensue thereupon, and that those Counsels may be looked into, and searched to the Bottom."
The Lords debated the Substance of the said Conference; and, upon Consideration of the First Part of it,
did Order, That the Earl of Strafford shall recollect his
Evidence first; and, that being done, the Members of
the House of Commons may state their Evidence; and
neither Side to interrupt the other; and this to be Tomorrow Morning, in Westm. Hall, whereof the Earl of
Strafford is to have (fn. *) Notice, and the Lieutenant of
The Tower ordered to bring him to Westm. Hall.
E. of Strafford, Order about his Trial.
Ordered, That the Earl of Strafford is not, at the
Trial, to speak to any new Matter, unless it be first
occasioned by the House of Commons; and whatsoever
the Earl of Strafford shall alledge contrary to this, the
Lord Steward is to hold him to it.
Ordered, That no Dispute be in this House To-morrow Morning of any Business, before the Lords go to
The Paper delivered at the Conference, to be considered.
Ordered, That To-morrow in the Afternoon, this
House do take into Consideration the Paper delivered at
the Conference this Afternoon with the House of Commons.
E. Cleveland versus L. P. Herbert, touching Stepney and Hackney.
Ordered, That the Counsel of the Earl of Cleveland
shall be heard at the Bar on Thursday Morning next, to
shew Cause why the Lord Phillip Herbert and others
should not have the Possession of the mortgaged Lands of
the Manors of Stepney and Hackney, according to the
Order of 8th of January 1640; and the Counsel of the
Lord Herbert to be likewise present, and be heard if
they desire it.
A Message was sent to the House of Commons, by Mr.
Justice Heath and Mr. Serjeant Glanvile:
Message to the H. C. for a Conference about the Proceeding in the E. of Strafford's Cause.
To desire a present Conference, by a Committee of
both House, concerning the late Conference, touching
the Proceedings against the Earl of Strafford.
The Answer returned to the said Message was:
That the House of Commons will give a present
Meeting, in the Painted Chamber, as is desired.
L. Steward to deliver the Substance of the Conference to the Commons.
The Lord Steward was appointed to let the House of
Commons know, That the Lords are resolved they may
proceed as formerly was intended, before the Offer of
further Evidence to be produced; and that the Earl of
Strafford is to recollect his Evidence first; and, that
being done, the Members of the House of Commons
are to state their Evidence; and this to be To-morrow
Morning, whereof they will give the Earl of Strafford
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Dr. Sibthorpe hath Leave to go Home this Easter.
Ordered, That Richard Sibthorpe, Doctor in Divinity, hath Leave to repair to his Parish in the Country
against Easter, notwithstanding his Recognizance to attend this House de die in diem, provided he return and
appear in this House the 5th Day of May next ensuing.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Martis, videlicet, 13m diem instantis Aprilis, hora septima, Dominis sic decernentibus.