DIE Martis, videlicet, primo die Decembris.
E of Strafford acknowledges the Warrant for Mr. Darley's Commitment.
Mr. Maxwell, the Gentleman Usher, gave the House
an Account that Yesterday he did, according to an
Order from this House, go to the Earl of Strafford
at The Tower, and shewed him the Warrant by which
his Lordship had committed Mr. Darly close Prisoner
at Yorke. And that the Earl of Strafford did confess
the Hand-writing to be his wherewith the Warrant
was subscribed; and that his Lordship would return
a further Answer this Day, under his Lordship's Handwriting.
Barnardo to be brought here To-morrow.
Ordered, That the Lord Chief Justice is to have
Notice, That he cause to be brought before their Lordships Phillip Barnardo, an Italian, and a Popish Recusant,
now in Prison; and that he appear before this Honourable House To-morrow Morning, at Nine of the
Freeman's Case touching Ship Money.
The Earl of Dover reported to the House the Petition of Francis Freeman of Wilby, in the County of
North'ton, That the said Freeman, for that he, being a
Constable, had not been forward to levy Ship Money,
was sent for up by a Messenger, one Davenport, by the
Lords of the Council; but, upon Freeman's refusing to
obey unless the said Messenger would shew his Warrant, the Messenger drew his Sword against the said
Freeman, and, coming up to London, made Complaint of
Freeman and divers other Inhabitants in Wilbie; whereupon Serjeant Francis, Serjeant at Arms, apprehended
the said Frecman and divers others, upon a General
Warrant, expressing no particular Cause, and demanded Fifty Pounds Fees of him, and compounded for Ten
Pounds. Freeman being committed to Prison, and lay
Fifteen Weeks as Prisoner, all the Judges of the King's
Bench (Justice Crooke only excepted) denied him Bail
and Liberty, though they had granted him his Habeas
Corpus, and no particular (fn. †) Cause was given for his Imprisonment. He further signified to the House, That
the Lords Committees had sent for the Lord Chief Justice, Justice Crooke, and Mr. Justice Barkley, to know
why Freeman and the rest were not released. They
answered, That the Return, as it appeared before them,
stood in generals, and so did not know to the contrary
but that it might have been for Treason: It was further alledged, That Mr. Attorney General had an Information depending against the said Freeman and others
in that Court. Hereupon the Opinion of the Lords
Committees being made known to the House, That it
was unanimously resolved of by all the Lords Committees,
That both the Warrants from the Lords of the Council,
and also the Proceedings of the Judges, were directly
against the Petition of Right; thereupon it was Ordered,
for the present, That Serjeant Francis, the Serjeant at
Arms, shall repay to Frceman and others the Ten Pounds
in Money, which he received of them; and also that
Mr. Attorney General shall enter in the King's Bench a
non vult prosequt to the Information against Freeman and
Memorandum, That, for the regulating of Fees mentioned (fn. ‡) in this Case, their Lordships do refer it until
some other Time.
The House was adjourned into a Committee, during Pleasure, to debate the Business concerning the
Earl of Strafford, which was deferred Yesterday until
Order for the E of Strafford's putting in his Answer Abrogated.
The House being resumed; it was Ordered,
That any former Order, made concerning the putting
in the Earl of Strafford's Answer, be wholly abrogated.
Some of the Members of the H C to be present at the Examination of Witnesses in his Cause.
And it was further Ordered, by the Lords Spiritual
and Temporal in the High Court of Parliament assembled, That such of the House of Commons as they shall
make Choice of may be present, from Time to Time,
at the taking of such preparatory Examinations as
shall be desired by them to be taken, for the perfecting of the Charge against the Earl of Strafford.
After this, there was a Message sent to the House
of Commons, by Mr. Justice Barkley and Mr. Trever, to
Message to the H C for a Conference touching this.
That the Lords Spiritual and Temporal, in the
High Court of Parliament assembled, do desire a Conference with the same Committee, and about the same
Business, that the Conference was Yesterday, and
this to be presently, in the Painted Chamber, if it
stands with their Conveniency.
The House of Commons return this Answer: That
they will give a Meeting, as is desired.
E of Salisbury's Privilege.
This Day was read the Petition of John Clarke, Bailiff, Prisoner in The Fleet, by an Order of this Honourable House, made 13 die Novembris last, for arresting
a menial Servant of the Right Honourable the Earl of
Saram, and for speaking scornful Words of the said Earl;
whereupon it was Ordered, by the Lords Spiritual and
Temporal in the High Court of Parliament assembled,
That, upon the Motion and Request of the Earl of Sarum,
to this Honourable House, it was Ordered, That the
said John Clarke shall forthwith be discharged of his Imprisonment.
E of Strafford's Counsel.
It was signified to the House, That some of the
Counsel that were assigned the Earl of Strafford
cannot be for him; but such as can the House hath
thought fit to let them know, by the Lord Keeper,
that they are assigned by the House, and, in Case any
should fail, and the Earl of Strafford desire other
Counsel in their stead, the Lord Keeper is to present
their Names to the House.
After this the Earl of Strafford's Petition was read,
concerning Mr. Darley, in hæc verba:
"To the Right Honourable the Lords Spiritual and Temporal, in the High Court
of Parliament assembled.
"The humble Petition of Thomas Earl of
Strafford, His Majesty's Lieutenant
General of Ireland.
His Petition touching his committing Mr. Darley at York.
"That he hath received, by Mr. Maxwell, your
Lordships order of the 30th of [ (fn. †) the last] Month;
and, in full and perfect Obedience to the same,
returns this most humble Answer thereunto. Your
Petitioner acknowledgeth the Warrant, shewed
unto him by your Lordships Appointment, to be
his, and signed by him, for the close Imprisonment
of Mr. Henry Darley, which was thus occasioned:
Your Petitioner being then at Yorke, and having,
by His Majesty's gracious Trust, the Charge of the
Army, in a Time of much Distraction, by reason
of the then late Passage of the Scottish Army over
the River of Tine, and taking of Newcastle, was
very credibly informed that Mr. Darley had harboured some Scotsmen, and concealed them in such
a Manner as gave great Occasion of Suspicion and
Apprchension to the Country; and that the rather
for that some small Parties of the Scottish Horse
had passed the River of Tees also, and come into
Whereupon your Petitioner sent for Mr. Darley,
and sound him upon Examination so to faulter, and
to give such uncertain and to-be-suspected Answers,
as your Petitioner held it his Duty to acquaint His
Majesty therewith, in regard of His Majesty's Proclamation inhibiting such Negotiations; and that
this happened in Time before any Cessation of
Arms, or the Treaties after assented unto, and begun at Rippon. Upon your Petitioner's Relation
made to the King of this Business, it seemed good
to His Majesty to command me to commit Mr. Darley close Prisoner, and to take his Examination in
"My Reply was, that I would commit the Gentleman, according to His Majesty's Direction; but
humbly besought that some others of His Majesty's
Privy Council should be joined with me in the Examination, which was assented to by His Majesty;
and my Lord Privy Seal, and Mr. Treasurer Vane,
appointed to assist me therein. Thus far your
Petitioner no ways doubts but that His Majesty
will be graciously pleased well to remember. Afterwards Mr. Darly was spoken with, and his Examination taken in Writing, and signed by the Lord
Privy Seal, Mr. Treasurer Vane, and your Petitioner; which, howbeit this latter Examination
differed very much from the former taken by me,
as was then justified before Mr. Darley, by myself
and another Gentleman of very good Credit and
Understanding, yet was his Discourse so full of
Ambiguity and Improbability, as we all Three
thought fit to acquaint His Majesty withall, which
Mr. Treasurer undertook to do; that Mr. Darley
should still continue close Prisoner, till His Majesty's
further Pleasure known; and in the mean Time
some Persons, whom he then named, and whose
Names formerly he had pretended not to know,
might be examined.
"And for the Truth of this latter Part, your
Lordships Petitioner humbly craveth Leave to refer himself to those Two Honourable Persons, and
to the Examination itself, which is in the Custody
of Mr. Treasurer Vane, and may be shewn to your
Lordships, if it shall seem so good to His Majesty.
And, since the Time of Mr. Darley's Second Examination, your Petitioner hath not heard any Thing
of him at all, before your Lordships Message and
Order this Day shewn unto him by Mr. Manwell.
"Finally, with his due Acknowledgement of
your Lordships most Noble Justice and Favour towards him, your Petitioner wisheth
all Continuance and Increase of Honour
and Happiness to your Lordships, and your
This being read; it was Agreed by their Lordships, That the further Consideration of this Business
be suspended, until the House of Commons present
Complaints of this Nature unto this Honourable
These Counsellors following were assigned by the
House to be of Counsel with the Earl of Strafford;
their Names being read by the Lord Keeper to the
Mr. Richard Lane, the Prince's Attorney.
Mr. Recorder of London.
|Mr. Anthony Lowe.
Mr. Robert Lewis.
Mr. John Lightfoote.
Mr. Chaloner Chute.
Mr. Timothy Stampe.
After this, the Lords went to the Conference with
the House of Commons.
Thereupon the House was adjourned, during Pleasure.
Conference touching the Examination of Witnesses in his Cause, &c reported.
The Conference being ended, the House was resumed; and the Lord reported to the
House the Conference; which was, That he had acquainted the Committee of the House of Commons
with the Order made this Day, concerning some Members of the Commons to be present at the Examination of Witnesses in the Earl of Strafford's Cause.
LJ Conway to speak with him.
The Lord Conway moved the House, for Leave to
go speak with the Earl of Strafford at The Tower;
which was granted.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 2m diem instantis Decembris, hora nona, Dominis sic decernentibus.