House of Lords Journal Volume 4: 27 October 1641

DIE Mercurii, videlicet, 27 die Octobris.

PRAYERS.

Geo. Stacy, a Trooper, committed, for insulting Sir Jacob Astley.

This Day George Stacy, that was lately a Trooper in His Majesty's Army in the North, was brought to the Bar as a Delinquent; and, upon Examination of the Business, it did appear, by several Witnesses, "That the said Stacy affronted Sir Jacob Asteley in Westm. Hall, in an outrageous and uncivil Manner, and threatened him with uncivil Words and Speeches, that he was by his Means falsely sentenced by Order of the Council of War in the Army; whereas, in Truth, he was justly sentenced, for a Mutiny in the Army, and discharging a Pistol with a Brace of Bullets in it at the Cornet of the Horse Company in which he served." And further it appeared to the House, That the said Stacy had maliciously followed his Mutiny and Revenge against some of the principal Officers of the Army; for, after the Army was disbanded, he was the Solicitor and chief Ringleader in preferring the unjust Complaints of some Troopers against the Lord General and other Officers, at the Committee of the House of Commons, in the Time of the Recess (as appeared by a Bag of Papers found about him); at which Committee he said, That now, he being out of the King's Service, it was lawful for him to call such as were his Commanders to an Account, with a Sword in his Hand." Which Misdemeanors the said Stacy presently confessed, and could not prove himself clear from the rest. The House having fully heard what could be said on both Sides, with all Circumstances, all Parties were commanded to withdraw, and the House took it into Consideration, and conceived it to be an Offence of such a Nature as deserved that the Offender should be made exemplary; therefore Ordered, That, for the present, the aforesaid George should be presently committed to Newgate, and conveyed thither by a strong Guard of Soldiers, there to remain in safe Custody, until further Order of this House. In the mean (fn. 1) Time, the Keeper of the Prison is not to suffer any Soldiers, nor any of his Companions, to have Resort unto him; and that a Committee of Lords be appointed, calling to them the King's Learned Counsel, who shall take the Examinations of the whole Business, as it was declared to the House this Day, and likewise shall peruse the Bag of Papers, that so they may, upon the whole State of the Matter, advise how far the Charge will amount, that the said Stacy may be exemplarily punished as far as the Law will permit; and lastly, that the Lords Committees shall have Power, by virtue of this Order, to call Sir Jacob Asteley, Sir John Conyers, Knights, and any other Persons whom they shall think fit, to give them Assistance and Information in this Business.

The Lords Committees were these following: videlicet,

Committee to take his Examination.

Their Lordships, or any Two of them, to meet when they shall please to appoint.

At the Bar, and sent to Newgate.

Then the said Stacy was called to the Bar; and the Speaker pronounced the Order of this House upon him; and so the Gentleman Usher had (fn. 1) Orders to see him safely conveyed with a strong Guard to Newgate.

Absent Lords excused.

The Earl of Suffolke was excused for his Absence.

The Lord Herbert of Cherbery hath Leave to be absent for a few Days.

Green, &c. for Trespass in the Forest, Egham Walk.

Upon reading a Petition (presented by the Earl of Holland, Chief Justice in Eyre of His Majesty's Forests on this Side Trent) from the Keepers of Egham Walk, complaining, "That one John Greene, Robert Mills, Daniell Coggs, Wm. Purse, all of Egham, with others, have killed a Brace of Great Stags on the 14th Day of this Instant October, and shared amongst them, pretending they were out of the Bounds of the Forest; whereas in Truth they were not: Upon this, the Earl of Holland desired their Lordships Directions herein, that this may be prevented hereafter by some Declaration from both Houses of Parliament, to explain the Act of Parliament lately made touching the Bounds and Limits of Forests:" Hereupon it is Ordered, That the Parties, Offenders herein as afore said, shall be sent for by the Gentleman Usher attending this House, to appear before their Lordships, to answer the aforesaid Offences charged against them; and that this House will have a Conference To-morrow Morning with the House of Commons, that both Houses may make a Declaration, to expound and interpret their Meaning in the Act of Parliament concerning the Limits and Bounds of the Forests, whether the known Bounds that were in the 20th Year of King James shall be the Bounds now.

Bounds of the Forest in Oxfordshire.

Delinquents sent for, for killing a Keeper.

Information was likewise given to this House, "That there was some Difference in Oxfordshire, touching the Bounds of the Forest there, insomuch that Riots have been committed, and a Keeper shot to Death, by the inferior Sort of People:" Upon this, it is Ordered, That the Parties shall be sent for as Delinquents, to answer the said Complaints, when the Lord Viscount Say & Seale doth present the Names to this House of the chief Actors herein.

Bill against Persons in Holy Orders exercising Temporal Jurisdiction.

It was moved, That the Bill for disabling of Persons in Holy Orders to exercise any Temporal Jurisdiction might be read the Second Time; but it was desired by some that it might be deferred until another Session; alledging that the Substance of this Bill was voted against in a former Bill this Session. For debating hereof, the House was adjourned into a Committee during Pleasure; and the House being resumed, it is Ordered, That this Bill concerning the Bishops Votes shall be taken into Consideration To-morrow, at One a Clock, peremptorily.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

Message from the H. C. for a Conference.

To desire a Conference, by a Committee of both Houses, presently, if it may stand with the Conveniency of this House.

The Answer hereunto returned was:

Answer.

That this House will give a Meeting presently, in the Painted Chamber, as is desired.

The Lord Privy (fn. 2) Seal was 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 Report of this Conference was appointed to be made To-morrow.

Arris and Chamberlain.

Ordered, That the Cause between Edward Arris and Mr. Chamberleine shall be heard before the Lords Committees for Petitions the Fourteenth of December next.

Inhabitants of Cropredy and Dr. Bronkand.

Ordered, That the Cause between the Inhabitants of Cropredy and Dr. Bronkand is deferred until the 2d Day of December next.

Sir Jo. Corbett versus E. Bridgewater, etc.

Ordered, That the Cause of Sir Jo. Corbett, against the Earl of Bridgewater and others, transmitted from the House of Commons, shall be heard in this House the 9th of December next.

Dr. Scott's Cause.

Ordered, That Dr. Scott's Cause shall be heard before the Lords Committees for Petitions, the 9th of December next.

Busby and Smith in Error.

Ordered, That the Writ of Error between Busby and Smith shall be argued in this House by Counsel the 11th of December next.

Andrewes's Cause.

Ordered, That Mr. Andrewes Cause shall be heard before the Lords Committees for Petitions, the 8th of December next.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum videlicet, diem Jovis, 28^m diem instantis Octobris, hora 12^a, Dominis sic decernentibus.