DIE Mercurii, videlicet, 11 Junii,
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
Epus. Co. et Lich.
Epus. Bath. et W.
|Ds. Coventrey, Dominus Custos Magni Sigilli.
Comes Marleborough, Mag. Thesaurarius Angliæ.
Comes Maunchester, Præsidens Concilii Domini Regis.
Dux Buckingham, Magnus Admirallus Angliæ.
Comes Lindsey, Mag. Camer. Angliæ.
Comes Arundellet Surr. Comes Maresc. Angliæ.
Comes Pembroc, Senesc. Hospitii.
Comes Mountomery, Camer. Hospitii.
Vicecomes Say et Seale.
Ds. St. John de Bas.
Ds. Stanhope de Har.
Ds. Stanhope de Sh.
Doctor Manwaring at the Bar.
ROGER Manwaringe, Doctor in Divinity, being this
Day brought to the Bar, the Declaration of the Commons against him was read.
Charged by the King's Counsel for several Passages in sundry Sermons preached by him.
And then Mr. Serjeant Crewe and Mr. Attorney
General did charge him with the Offences contained in
the said Declaration, and opened the Proofs of the
said Offences out of the several Places of his Two
Sermons, which he preached before the King's Majesty in July last. And they the said Mr. Serjeant
Crewe and Mr. Attorney General did further charge
the said Roger Manwaringe for preaching a Third Sermon, 4 Maii last, sitting the Parliament, in his own
Parish Church of St. Gyles in the Fields, wherein he
delivered Three Articles to this Effect: videlicet,
Tenets advanced by him.
"1. That, in Matters of Supplies, in Cases of Necessity, the King had Right to order all as seemed good to Him, without Consent of His
"2. That the King might require Loans of His
People, and avenge it on such as should
"3. That the Subject hath Property of his Goods
in Ordinary; but, in Extraordinaries, the Property was in the King."
He disputes the Right of the King- Liberty of the Subject- and Right of Parliament.
And they charged the said Manwaringe with great
Presumption, to dispute the Right of the King, and the
Liberty of the Subject, and the Right of Parliaments,
in his ordinary Sermons.
The Charge ended; the Lord Keeper demanded of
Doctor Manwaringe, whether he did acknowledge the
Three Tenets to be preached by him in his Sermon
4 Maii; which he absolutely denied. Whereupon
the Clerk read the Examinations of Hamond Claxton,
Esquire, and Sir Daniell Norton, Knight, and affirmed
some Parts thereof upon their Oaths.
Then Doctor Manwaringe, being admitted to speak
for himself, protested before GOD, upon his Salvation,
"That he never had any Meaning to persuade the King
to alter the Fundamental Laws of the Kingdom. His
only Ends were to do His Majesty Service, and to
persuade a Supply in Cases of extreme Necessity;
desired Favour and Justice to explain himself; and,
because his Book consists of many Conclusions, he
desired that the Spiritual Lords might be Judges of
the Inferences and Logical Deductions therein."
He further humbly besought their Lordships, "To
allow him Counsel to speak for him in Point of Law,
Time to answer the Particulars, a Copy of the Charge
in Writing, and Recourse to his Books at Home, upon
Caution to attend again when their Lordships shall
His Request to refer Part of his Charge to the Bishops, denied.
The Prisoner being withdrawn, and, after some Debate of his Requests, brought to the Bar again, the
Lord Keeper (by Direction of the House) blamed him
for that he divided his Judges, by requiring a Part of
the Charge against him to be referred to the Lords
Bishops; whereas all belongs to all the Lords jointly.
His other Requests granted.
Then his Lordship told him, that the House had
considered of his other Requests, and granted him
"1. To have a Copy of his Charge.
"2. To have Time till Friday Morning to make his
"3. To have Leave to go to his own House, and to
abide there with a Keeper."
And his Lordship further told him, "That if, upon
recollecting himself, he shall desire Access to their
Lordships To-morrow Morning, it shall be granted
E. of Huntingdon versus Sir Henry Sherley.
The Order of Sir Henry Sherley's Submission, etc.
and for the Publication thereof at the next Assizes at
the Borough of Leicester: videlicet,
Order for his Submission.
"The Lords, having examined the Carriage of
Sir Henry Sherley towards the Earl of Huntingdon,
Lord Lieutenant of the County of Leicestre, and
heard what could be said on both Sides, do Order,
That the said Sir Henry Sherley shall stand committed, during Pleasure; and that he shall, here at
the Bar, acknowledge his Sorrow for the great Offences he hath committed, in laying Aspersions and
Scandals upon the Honour of so Noble a Person and
Peer of this Realm as the said Earl of Huntingdon is,
and ask Pardon of all the Lords in general for it,
and of the Earl of Huntingdon in particular, and
promise that, by his future Carriage, he will endeavour to make Amends to the Lords in general,
and to the said Earl in particular, for his former
Order for the publishing thereof.
"The Lords in the High Court of the Upper House
of Parliament assembled, having examined the Misbehaviour of Sir Henry Sherley towards the Earl of
Huntingdon, Lord Lieutenant of the County of Leicestre, by endeavouring unjustly to lay Aspersions
and Scandals upon the Honour of the said Earl, have
punished the said Sir Henry for those his said Offences, and caused him, in full House, to make such
humble and full Satisfaction, both to the House and
to the said Earl, as his great Offence deserved; and
because divers Things, tending to the Dishonour of
the said Earl, were spoken by the said Sir Henry
Sherley in the Hearing of many; their Lordships have
thought it agreeable to their Justice, and Care of so
Noble and well-deserving a Member of this House
as the said Earl is, that thus much may be published
by the Judges at the next Assizes at the Borough of
Leicester, that all Men may know how clear from the
least Blemish the Honour of the said Earl doth
His Acknowledgement and Submission.
Sir Henry Sherley, Prisoner in The Fleet, for scandalizing the Earl of Huntingdon (by Order 7 Junii), was
this Day brought to the Bar, where he made the Acknowledgement and Submission abovesaid, which the
Lords accepted of; and then he was withdrawn.
The Earl of Huntingdon gave the Lords Thanks for
their Noble Care to clear his Honour; and promised
not to trouble the said Sir Henry Sherley by any other
Suit for the said Scandals; and desired the Lords
that Sir Henry might be enlarged. All which was
signified unto the said Sir Henry, being at the Bar
again, and that they were Ordered by the House;
and that the Publication of his Submission (ut supra)
at the next Assizes is left unto the said Earl of Huntingdon.
Order for his Discharge.
Whereas Sir Henry Sherley, Baronet, was, on the
Seventh of this June, committed to The Fleet, for
scandalizing of the Earl of Huntingdon; and whereas
he hath this Day acknowledged his Offence, and craved
Pardon for the same of all the Lords in general, and
of the said Earl in particular, the which Acknowledgement is to be published at the next Assizes at the Borough at Leicestre (as by the Order 10 Junii appeareth); it is this Day Ordered, The Publication thereof to be left unto the said Earl, and he to stay the
same if he please. It is also this Day Ordered, with
the Assent of the said Earl of Huntingdon, the said
Sir Henry Sherley to be no further troubled or molested by any other Suit, to be commenced by the said
Earl, for any Scandals or other Words now passed.
And, by the Mediation of the said Earl of Huntingdon,
he the said Sir Henry Sherley is discharged of his Imprisonment, paying his Fees.
Reynde not yet found.
The Duke of Buckingham excused himself for not
bringing of Reynde to his Answer, according to his
Promise, for that he shifts his Loding every Night;
but promised again to do his best to bring him To-morrow Morning.
To be censured Tomorrow notwithstanding.
Ordered, if Reynde do not appear here To-morrow
Morning, then to proceed against him in the Censure.
E. of Lincoln's Privilege.
Sir Henry Fynes and Smith to stay their Suit during Privilege.
Whereas Complaint was made to this House, upon
the Six and Twentieth of May last, That Sir Henry
Fynes, Knight, had, on the Seven and Twentieth of
April last, entered into a Ground of the Earl of Lincoln's, called The Quins, in Westlaughton, in the County
of ........, and sealed a Lease thereof unto
Francis Smith; and that the said Smith had arrested
Robert Blacke, Shepherd to John Wincupp (the Earl's
Tenant), for entering thereon; whereupon it was this
Day Ordered, The said Sir Henry Fynes and Francis
Smith to be sent for, to answer their Contempt of the Privilege of Parliament; it is this Day Ordered, the said
Sir Henry Fynes and Francis Smith to stay their and every
of their Suit and Suits, during the Privilege of Parliament,
concerning the said Lands. And they the said Sir Henry
Fynes and Francis Smith to be discharged, paying their
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, diem Jovis, 12m diem instantis Junii, hora
nona, Dominis sic decernentibus.