House of Lords Journal Volume 4: 5 May 1641

Pages 235-236

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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Page 235
Page 236

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DIE Mercurii, videlicet, 5 die Maii.


Protestation taken by some Lords.

The Names of such Lords as this Day took the Protestation, and subscribed the same with their Handwriting: videlicet,

The Earl of Newcastle.
Lord Bishop of Winton.
Lord Bishop of Exon.
Lord Bishop of St. Asaph.
Lord Bishop of Elye.
Lord Bishop of Peterborough.
Lord Fawconbridge excused, being sick.

L. Newnham excused to give Vote against the E. of Strafford.

* * * * * * *

Order, That absent Lords at the Vote give the Reason of their Absence.

* * * * * * *

E. of Newport made Constable of The Tower.

The Earl of Holland signified, "That he was commanded by His Majesty to let their Lordships know that He hath made the Earl of Newport Constable of The Tower of London."

E. Strafford's Bill of Attainder presented.

* * * * * * *

And a Message was Resolved of, and sent to the House of Commons, by Mr. Justice Reeves and Mr. Justice Heath:

Message to the H. C. to sit P. M.

To let them know that their Lordships have unanimously taken the Protestation as they did, and have subscribed the same; and further to let them know, that their Lordships intend to sit as a House this Afternoon, and desire them to sit likewise.

* * * * * * *

Lord Roberts excused.

The Lord Roberts was excused for his Absence, being sick.

Answer from the H. C.

The Answer from the House of Commons was:

That they Resolve to sit this Afternoon.

Message from the H. C. That they are informed of a Plot to dissatisfy the Army with the Parliament.

After this, a Message was sent from the House of Commons, by Mr. Hollis; who said, "He had a Message to deliver to their Lordships, of very great Importance; therefore he desired Leave that he might read it in the very Words as they were delivered to him: videlicet,

"That the House of Commons hath received such Information as doth give them just Cause to suspect that there have been, and still are, secret Practices to discontent the Army with the Proceedings of Parliament, and to engage them in some Design of dangerous Consequence to the State, and, by some other mischievous Ways, to prevent the happy Success and Conclusion of this Parliament.

"And, because the timely Discovery and Prevention of these dangerous Plots doth so nearly concern the Safety both of King and Kingdom, they desire your Lordships would be pleased to appoint a select Committee, to take the Examinations upon Oath of such Persons, and upon such Interrogatories, as shall be presented unto them by the Directions of the House of Commons, and in the Presence of such of the Members of that House as shall be thereunto appointed, with Injunction of such Secrecy as a Business of this Nature doth require.

"They have Ordered that such Members of their House as shall be thought fit shall, upon Notice, be ready to be examined; and they desire your Lordships will be pleased to Order the like for the Members and Assistants of your own House.

And that the King, Queen, and Prince's Servants may not depart.

"And further it is desired, that your Lordships will forthwith send to His Majesty, to beseech Him, in the Name of the Parliament, upon this great and weighty Occasion, that no Servant of His Majesty's, of the Queen, or Prince, may depart the Kingdom, or otherwise absent himself, without Leave from His Majesty, with the humble Advice of the Parliament, until these Examinations be perfected."

Ordered, That this House will join with the House of Commons in all that they desire.

Committee to take Examinations in this Business.

Hereupon it was Ordered by this House, That these Lords following are deputed by this House, to take the Examinations upon Oath of such Persons as shall be presented to them by the Members of the House of Commons to be examined in this Business: videlicet,

The E. of Bath.
The E. of Essex.
The E. of Warwicke.
The E. of March.
The L. Viscount Say et Seale.
Mr. Serjeant Glanvile,
Mr. Attorney General,
Ds. Wharton.
Ds. Pagett.
Ds. Kymbolton.
Ds. Howarde de Charlton.
Ds. Howard de Estcricke.
To write and set down the Examinations.

Their Lordships, or any Four of them, to meet when they please.

Bishops not named in the Committee, but their Rights saved.

Memorandum, Whereas none of the Lords the Bishops are joined with the aforesaid deputed Lords, it was declared by the House, that it should be no Prejudice to the Lords the Bishops.

Committee to address the King that none of the Royal Family's Servants may go abroad without Leave.

This being done; the Lord Great Chamberlain, the Lord Steward, the Lord Chamberlain, the Earl of Dorsett, and the Earl of Newcastle, were appointed to wait on His Majesty from the Parliament, "That he will be pleased to give Order, That no Servant of His Majesty, the Queen, and Prince, shall depart the Kingdom, or otherwise absent himself, without Leave from His Majesty, with the Advice of the Parliament, until the Examinations be perfected."

The Answer which was returned to the Message from the House of Commons was:

Answer to the H. C.

That their Lordships have deputed Ten Lords to take the Examinations upon Oath; and are Resolved to send some Lords to the King, concerning the staying of His Servants, etc. and that their Lordships will join with the House of Commons in all that they desire in this Message.

Deputed Lords enjoined Secrecy.

Ordered, That the Lords deputed are enjoined Secrecy in this Cause by this House; and, when Publication is made, their Lordships are to give an Account thereof to this House upon their Honour.

Ordered, That the same Course of Proceedings is to be observed in this Business as was in the taking of the preparatory Examinations in the Earl of Strafford's Case.

Report of the King's Answer to the Address for hindering His Servants from going abroad.

The Lords which were sent to His Majesty from this House returned; and the Earl of Dorsett reported, "That they had acquainted the King with the Desire of both Houses; and His Majesty hath very willingly granted it, and gave present Command to the Lord Chamberlain, the Earl of Newcastle, and his Lordship, to give Notice thereof to all under their Charge, that none do depart the Kingdom without the King's Licence, but to be forth-coming upon Demand; which accordingly they have already done."

After this, Mr. Attorney General and Mr. Serjeant Glanvile took an Oath for Secrecy, in these Words following: videlicet,

Oath of Secrecy for the Attendants on the deputed Lords.

"You shall swear that, in your writing and setting down of the Examinations of the Witnesses to be produced before the Lords deputed to take Examinations upon Interrogatories to be produced by the House of Commons concerning the English Army in the North, and in all Things concerning the same, you shall well, truly, and faithfully behave yourselves, and not discover the same before the End of this Parliament, or Publication granted, or Leave of this House first obtained."

The Queen's Tenants molested in Huntingtonshire.

Rioters to be attached.

Upon Information given to this House, by reading of Three Affidavits, concerning the Tumult of People in Huntingtonshire, assembled together to throw down the Banks and Ditches of new improved Grounds, belonging to the Queen's Majesty and Her Tenants, and thereby have disquieted the Possession thereof, contrary to the Order of this House; it was Ordered, That the Gentleman Usher attending this House shall attach, or cause to be attached, and brought before this House forthwith, the Bodies of Richard Legerton, Robert Jones, John Botiler, and John Papworth of Somersham, Thomas Reeves of Erith, Robert Jermine of Colne, John Farrowe, and Thomas Purcas, Junior, of Bluntsham, in the County of Huntingdon, principal Actors in this Business, to answer the said Misdemeanors and Complaints against them in this House.


Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora 3a, Dominis sic decernentibus.

Post meridiem.


The Bill of Attainder of the Earl of Strafford voted.

* * * * * * *

The Earl of Bristol excused for his Vote;

* * * * * * *

and the E. of Holland.

* * * * * * *

Bp. of Co. et Lich. takes the Protestation.

This Day the Lord Bishop of Co. et Litchfeild took the Protestation, and subscribed it.

Lord Mayor of London to aid the Constable of The Tower.

Ordered, That the Constable of The Tower of London shall have Power, by virtue of this Order, to send unto the Lord Mayor of the City of London, to aid and assist him with such a Number of the Train Band of the City as he shall have present Occasion or Need of, upon any sudden Accident that may hereafter happen; and that the Lord Mayor is hereby enabled to raise any such Number of the said Train Band, within the said City, with Powder and Bullet, as he shall be desired by the said Constable of The Tower to aid and assist him withall, for safe guarding and keeping of the said Tower of London, when Need shall require.


Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 6m diem instantis Maii, hora 9a, Dominis sic decernentibus.