House of Lords Journal Volume 4: 27 January 1641

Pages 145-146

Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Mercurii, 27 die Januarii.


Bill to prevent long Intermission of Parliaments.

Hodie 2a vice lecta est Billa, An Act for preventing the Inconveniencies which happeneth by the long Intermission of Parliaments.

Committed to the Committee of the whole House; and Ordered to take it into Debate To-morrow Morning; whereupon Mr. Longevile's Cause is deferred until the Afternoon To-morrow.

Narration touching the Scots Treaty.

The Earl of Bristoll gave an Narration to the House, how far the Lords Commissioners have proceeded with the Scotts since the last Account given to this House.

First was read the Paper containing what the House of Commons have thought fit, touching a friendly Assistance and Supply to be given to the Scotts.

Next was read the Scotts Answer thereunto, dated the 26th January 1640, in hæc verba: "As we do with all Thankfulness receive the friendly and kind Resolution of the Parliament concerning our First Demand, and do therein acknowledge your Lordships noble Dealing, for which we may assure that the whole Kingdom of Scotland will at all Occasions express themselves in all Respects and Kindness; so we intreat your Lordships to represent to the Parliament our earnest Desire, that they may be pleased, how soon their Conveniency may serve, to consider of the Proportion; wishing still that, as we expect from our Friends the Testimonies of their Kindness and friendly Assistance, so the Justice of the Parliament may be declared, in making the Burthen more sensible to the Prelates and Papists, our Enemies and Authors of all our Evils, than to other, who never have wronged us; which will not only give unto us and the whole Kingdom of Scotland the greater Satisfaction, but will also (as we conceive) produce much to the Honour of the King's Majesty and the Parliament. We do also expect that your Lordships will be pleased to report unto us the Answer of the Parliament, that we may, as in the former Articles, give Account to them that sent us.

"Ad. Blair."

Propositions of the Lords Commissioners.

Then was read the Proposition of the Lords Commissioners for holding on the Treaty, whereby Time might not be lost: "We desire to understand, since (as we conceive) the Particulars are like to require much Time, whether we may not from you let the Parliament know, that (whilst they are debating of the Proportion, and the Way how their kind Assistance may be raised) you will proceed to the agreeing of the Articles for a firm and durable Peace, that thereby both Time may be saved, and both Sides proceed mutually with the more Chearfulness and Alacrity. Dated 26 Januarii, 1640."

Answer of the Scots to them.

After this was read the Scotts Answer: "As we desire a firm Peace, so it is our Desire that this Peace may be with all mutual Alacrity speedily concluded; and therefore let us intreat your Lordships to shew the Parliament, from us, that how soon they shall be pleased to make the Proportion known to us, that we may satisfy the Expectation of those who have intrusted us, which we conceive may be done in a short Time, since they are already acquainted with all the Particulars of our Demand, we shall stay no longer upon the Manner and Ways of raising the Assistance, which may require a longer Time, and yet we trust shall be with such Conveniency determined as may serve for our timous Relief; but remitting the Manner and Ways to the Opportunities of this Parliament, shall most willingly proceed to the Consideration of the following Articles, especially to that which we most of all desire, a firm and blessed Peace. Dated 26 Januarii, 1640.

"Ad. Blair."

Further Narration, touching the Treaty.

Then the Earl of Bristoll explained further: "That, as the Scotts had a general Commission to treat, and were injoined to perfect one Article before they entered upon another; so the Lords Commissioners demanded of them, for the saving of Time, whether they had not a precise Stipulation given them what Sum would content them; but they answered, That they desired for the present only a Proportion to be set down, and the Manner of levying it to be done hereafter, and then they would proceed to treat further."

L. Rich introduced.

This Day Robert Rich de leez le Rich, Chr. was introduced in his Robes, between the Lord Newneham Paddox and the Lord Roberts; and, having delivered his Writ of Summons, dated 26th January 1640, to the Lord Keeper, upon his Knee; it was delivered to the Clerk, and read; and then he was brought by the Lord Great Chamberlain, and the Earl Marshal, and Garter, and placed next above the Lord Wharton.

The House, after this, went to the Conference; and the House was adjourned during Pleasure.

Conference Reported.

The Conference being ended, the House was resumed; and the Earl of Bristoll reported, That he had delivered the Papers, and the Explanation thereupon, to the House of Commons, as he had done to their Lordships before.

Arnold's Petition versus Jay.

Upon reading the Petition of Richard Arnold, and others; shewing, That one Mr. Jay, a Justice of the Peace for the County of Midd. having misdemeaned himself in his said Place of Justiceship; it was Ordered by the House, That the said Mr. Jay be forthwith put out of the Commission of the Peace; for which Purpose the House appointed the Lord Keeper to see it done.

Message from the H. C. for Conference concerning Goodman.

A Message from the House of Commons, by Sir Gilbert Gherrard, Baronet: That the House of Commons do desire a present Conference (if it stands with their Lordships Conveniency), touching the former Conference, concerning the reprieving of Jo. Goodman, the Priest.


The Answer to the said Message was: That this House will give a Meeting presently, as is desired, in the Painted Chamber.


The Lord Privy Seal,
E. Marshal,
E. Bath,
E. Essex,
L. Viscount Say et Seale,
Were appointed to report the Conference.

The House being adjourned during Pleasure, the Lords went to the Conference; which being ended, the House was resumed, and the Conference reported shortly, to this Effect: videlicet,

Conference reported concerning Goodman.

First, they gave their Lordships Thanks for their good Correspondency and Conference with them in this Business.

Then they cited divers Statutes, which were in Force against Priests and Jesuits, as 27° Eliz. Cap. 2. which were not only the Cause of withdrawing His Majesty's Subjects from their due Obedience to His Majesty, but also stir up and move Sedition, Rebellion, and open Hostility, within his Majesty's Dominions, to the great endangering of the Safety of His Majesty's Person, and to the utter Desolation and Overthrow of the whole Realm, if the same be not the sooner prevented. And further it sets forth, That every Priest and Jesuit, being born within this Realm, or any other His Majesty's Dominions, so offending, shall, for his Offence, be adjudged a Traitor, and shall suffer, lose, and forfeit, as in Case of High Treason.

Then was urged the Statute of Primo Jac. Cap. 4. which presseth the Execution of the former Statute against Priests and Jesuits, and another Statute of 3° Jac. which inviteth Men to put those Statutes in Force, out of Hopes of Reward.

These Reasons were alledged why at this Time especially those Laws against Priests and Jesuits should be put in Execution:

1. The General Complaints by Petitions from divers Places of the Kingdom, of the great Increase of Popery and Superstition, desiring the Laws in those Cases might be put in Execution.

2. The Multitude of Priests and Jesuits at this Time in the Kingdom, especially in and about the City of London, notwithstanding the late Proclamation, and the Parliament sitting.

3. That Eighty Priests were lately delivered out of Prison; divers of them had been condemned for Treason.

4. The Pope's Nuncio, or Agent, being at this Time in the Kingdom.

5. The Boldness of Papists, in resorting as frequently and openly to Mass, both to Denmarke-house, St. James, and Ambassadors Chapels, as we do to our Churches.

6. The not putting the Laws in due Execution is a principal Cause of Increase of Popery.

7. The Discontent of the City of London, occasioned by the reprieving of this Priest, which appears in their Averseness in lending Monies for the necessary Supply of His Majesty's Army, and the Northern Parts, and the ill Consequence that this may produce, when it will be published in other Parts of the Kingdom; which may retard the Collection of Subsidies, it being done in the Time of Parliament, when the People expect a thorough Reformation.

For the Remedy of the aforesaid Mischiefs, they did desire their Lordships to join with them to His Majesty, for the redressing of the said Grievances.

That the Laws and Statutes may be executed against this Priest in particular presently, having been committed Two several Times before for the like Offence; and that the Statutes and Laws in general against Priests and Jesuits, for the future, be put in due Execution, according to the Words of the Statute, without any Connivance; and to join with them in discovering the Instruments that interceded for the reprieving of the said Priest, that none be so bold as to intercede for the reprieving of such Men hereafter.

The Lords Answer to the Conference, touching Goodman.

After some Debate of these Particulars, the Lords resolved to return this Answer: That this House will join with the House of Commons, in representing to His Majesty all that was delivered unto their Lordships at the Free Conference of both Houses as aforesaid; and that the same shall be represented to His Majesty, by the Lord Keeper, at such Time as His Majesty shall please to appoint both Houses to wait upon Him.

The Lords going into the Painted Chamber to deliver this Answer to the House of Commons, the House was adjourned during Pleasure; and being returned, the House was resumed.

Witnesses sworn in Wiseman and Ingram's Cause.

Witnesses sworn in Sir Richard Wiseman's Cause and Ingram:

Alex. Harris.
Jo. Lightburne.
Abra. Lemon.
Tho. Wharton.
Wm. Elny.
Wm. Ball.
Hen. Chapman.
Jo. Cusack.
Robt. Collins.
Giles Winston.
Sir Henry Appleton.
Jo. Warner.
Hum. Sheete.
Anto. Cog snell.
Wm. Hull.
Tho. Roberts.
Jo. Vaughan, Esquire.
Edwd. Cragg.
Arth. Banks.
Phill. Beest.
Jo Smith.
Jo. Watson.
Tho. Rivett.
George Gales.

Witnesses in Hughe's Cause.

Witnesses sworn in Hughe's Cause, versus Lord Cottington:

Edw. Cooper.
Jo. Savage.
Wm. Upshott.
Wm. Edwards.
Geo. Fineux.

Witnesses sworn in Keete's Cause versus Dr. Eaden.

Witnesses sworn in Andrew Keete's Cause, versus Doctor Eaden:

Tho. Unwin.
Wm. Kinge.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 28m diem instantis Januarii, hora nona, Dominis sic decernentibus.