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 Jovis, videlicet, 24 die Junil.
Lords take the Protestation.
Abolishing the Star-chamber.
And, after a long and serious Debate, the House was resumed; and it is Ordered, That Justice Reeves and Justice Heath do draw up the Reasons of the Amendments and Additions, and present them to this House To-morrow Morning, and so this House to prepare for a Conference with the House of Commons.
Message from the H. C. to desire the Lords to continue sitting.
Order about Mr. Smart's Business.
Upon a Petition of Peter Smarte, desiring "That some of his Witnesses in Town, which are a very great Charge unto him, may be examined;" it is Ordered, That such Witnesses whose Names are to be given in shall be examined; and that the other Side may cross-examine if they will; and these Lords following were appointed to take the said Examinations:
Court of York.
Message from the H. C. for a Conference concerning the Affairs of both Kingdoms.
Lords to report the Conference.
To be reported P. M.
E. of Middlesex and E. of Nottingham.
Message to the H. C. to sit P. M.
Lawrence and Stephen King, for a Riot on the Estate of Sir Jo. Lucas.
Whereas Tho. Laurance and Stephen Kinge are now in the Custody of the Gentleman-usher, for or concerning a Riot committed upon the House and Grounds of Sir Jo. Lucas, Knight, which the said Laurance and Kinge utterly deny to have any Hand in, pretending they were out of the Town of Colchester at such Time as the said Riot was committed; it is Ordered, That the Mayor of the City of Colchester shall examine the Truth of this Business, and make Certificate thereof unto the House, with all convenient Speed, that thereby this House may proceed therein according to that which shall be just and right.
Armstead and Warner, concerning the St. John of Lubeck.
Ordered, That the Security that is to be given between George Warner and Robert Armestead, concerning a Ship called The St. John Baptist, of Lubecke, and now of London, according to a former Order of this House, shall be given between the Parties before the Right Honourable the Earls of Bath and Warwicke, who are to judge of the Security, and to be attended by the Recorder of London in this Business, for the settling of the same between the said Parties.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in horam 4m post meridiem hujus diei, Dominis sic decernentibus.
Jurisdiction of the Court of Admiralty.
Busby versus Smith in Error.
Hawes versus Kylvert, & al.
Upon hearing of the Counsel of Roger Kylvert, and others, Defendants, against Joseph Hawes, Plaintiff, in open House, at the Bar; it is Ordered, That the Civilians that be Assistants to this House, videlicet, the Master of the Rolls, Mr. Doctor Bennett, and Mr. Doctor Littleton, or any Two of them, shall take into Consideration, and afterwards certify in Writing unto this House, the true State of this Cause, together with their Opinions: First, whether in this Cause there were an Appeal in due Time, and what Prosecution thereof: Secondly, when the Defendants and Bail do not appeal, whether the Plaintiff may not obtain a Sentence upon their Default: Thirdly, when a Sentence is given, whether, by virtue of that Sentence, the Bail are not discharged where an Appeal is made in due Time; and whether they be not liable to the Judgement by the Appeal, having parted with such Goods as they had for their Caution: Fourthly, whether the Parties, upon this Caution given by the Bail for the making good of the Sentence, can be liable to make Restitution of the Goods, or the Value, before the Sentence upon the Appeal be finished and given: And that the said Referees shall have Power to call and hear the Witnesses on both Sides, and make Certificate of the whole Matter unto their Lordships.
Message from the H. C. for renewing the Cessation of Arms for Fourteen Days.
To put their Lordships in Mind, that the Cessation of Arms with the Scotts will be expired within these Four Days: That the House of Commons, having taken the same into Consideration, incline to renew the Cessation for Fourteen Days longer after the Expiration, upon the same Terms as the former, if the Treaty lasts so long, and this House think it fit.
Hereupon it is Ordered by this House, That the Cessation of Arms with the Scotts be renewed, and continued for Fourteen Days longer after the Expiration of the last, upon the same Terms as the former, if the Treaty lasts so long.
Answer to the H. C.
Conference concerning the Ten Heads from the H. C. reported.
Mr. Pym's Speech.
"He told your Lordships, he was commanded by the House of Commons to present unto your Lordships their continued Care and Endeavour for the Good of the Kingdom; that, as your Affections are united with them in One great End, to serve God, the King, and the Commonwealth, so your Counsels might be likewise jointly co-operative thereunto.
"There is but One End and One Foundation of all these Affections and Counsels; howbeit they spread themselves to many and several Branches, for they are so united and weaved Duties, which we owe to God, our King, and our Commonwealth, that we cannot duly and truly serve God, but thereby we serve our King; nor serve God and our King as we ought, without our Service to the Commonwealth.
"Because they had lately found out very malignant and pestiferous Designs set on Foot, or plotted, to trouble the Peace of the Kingdom, the which though they were prevented, yet were still pursued; which is the Reason why the House of Commons do present your Lordships with these several Propositions, in Ten several Heads, which have their Branches and Subdivisions made under them.
"3. That their Lordships would join with the House of Commons in an humble Motion unto His Majesty, to declare these Five Regiments to be disbanded, and the rest of the Army, as soon as Money may be provided, and for the Punishment of those that shall refuse to disband, if any such should be.
"Second Head: That His Majesty will be pleased to allow a convenient Time before His Journey into Scotland, that so the Army may be first disbanded; and that some of the important Affairs now depending in Parliament, some in both Houses, and other some in the House of Commons, may be dispatched before His Majesty's Journey.
"4. The great Advantage in His Majesty's own Affairs and Contentment of His People, if, before His going, the Royal Assent may pass to divers Bills, concerning the Reformation of Church and State, whereof some are already sent up, others in Preparation.
"And the Bill intended for further Grant of Tonnage and Poundage, and other Customs. And that some Time may be employed to regulate the King's State and Revenue, to free them from unnecessary Burdens, and to employ them for the Good of the Common-wealth.
"That His Majesty may be humbly petitioned to remove such evil Counsellors against whom there shall be any just Exceptions, and for the committing of His own Business, and the Affairs of the Kingdom, to such Counsellors and Officers as the Parliament may have Cause to confide in.
"Here he told your Lordships a Tale of a Gardener, who, being demanded why the Weeds grew so fast, and the Flowers so thin, in his Ground-plot, answered, That the Weeds were the true Children, but the Flowers were but so many Slips and Bastards.
"So, saith he, it is written, That the Kings should be our Nursing Fathers, and Queens our Nursing Mothers; but we have found here of late, by reason of bad Counsellors, no Nurses, but Hirelings, of the Public State.
"Howbeit this Request is by the House of Commons recommended but in general for this present, without pointing out or designing of Particulars, in Hope the King will find them out of Himself; otherwise it will cause the House of Commons to reduce this Petition to Names of Particulars.
"And therefore they desire your Lordships so to recommend it unto His Majesty, that He would put the Affairs of His own and the Kingdom into such Hands as His Majesty and the Parliament may confide in.
"1. That His Majesty will be graciously pleased, by Advice of His Parliament, to persuade the Queen to take some of the Nobility, and others of Trust, into Her Service, in such Places as are now of Her disposing.
|"Reason of the||
First: Banished in all other Courts of Catholic Princes.
Second: Against our Laws, our native Priests should be here.
"2. Disaffection to the State, manifested in Two Letters, dated 6 Maii, whereby many Slanders are cast upon the Parliament; and the good Subjects, under the Name of Puritans, are disaffected and injurious to the Queen's Person.
"That some of the Nobility, and others of Quality, with a competent Guard, may be appointed to attend the Queen, for the Security of Her Royal Person, against all Designs of the Papists, and others ill affected to the Peace of the Kingdom.
"He protested, that herein they intended nothing of Disrespect. He said, It was a blessed Thing to be kept from Temptation; and to be rid of those Flies, would gain the Queen the Love of the People, in His Majesty's Absence.
"That some Person of Public Trust, and well affected in Religion, may, by Advice of Parliament, be placed about the Prince, and may take Care of his Education, especially in Matters of Religion; and the like Care be taken of the rest of His Majesty's Children.
"5. That English Ladies, Papists, be removed from the Court; His Majesty moved for His Assent, That the Persons of the most active Papists be so restrained, as shall be necessary for the Safety of the Kingdom, even Lords as well as others.
"That it may be declared, by an Act of Parliament, That, if any Man shall presume to come to this Kingdom, with Instructions from the Pope or Court of Rome, that he shall be in Case of High Treason, and out of Protection of the King and the Laws.
"2. That the Trained Bands be furnished with Arms, Powder, and Bullets: and that they be exercised and made ready for Service; also that an Oath be prepared, to pass both the Houses of Parliament (for elsewhere Oaths cannot be enjoined), to be taken by the Lord Lieutenants, Deputy Lieutenants, and other Officers of Trained Bands, and to secure their Fidelity in these dangerous Times.
"3. That the Cinque Ports, and other Ports of the Kingdom, may be put into good Hands; and a List of those who govern them now, may be presented to the Parliament; and that those Persons may be altered upon Reason; and that especial Care be taken for Reparation and Provision of the Forts.
"4. That my Lord Admiral, that noble Lord (of whose Honour the House of Commons stands secure), be desired to inform the Parliament in what Case the Navy is, that, if there be any Defect, it may be provided for out of the Money, which is to come upon the Bill of Tonnage and Poundage; and that, if any suspected Person have any Command in any of His Majesty's Ships, that he may be removed.
"A select Committee of the Lords to join with a proportionable Number of the House of Commons, from Time to Time, to confer about these particular Courses as shall be most effectual for the reducing of these Propositions to Effect for the Public Good."
Cessation of Arms renewed.
Ordered, That the Lords Commissioners have Power from this House to treat and conclude with the Scotts Commissioners about the renewing of the Cessation of Arms for Fourteen Days longer, upon the same Terms as formerly, if the Treaty lasts so long; and likewise to treat with the Scots about the retreating of some of their Troops from The Teez.
Committee to move the King for disbanding the Five Regiments.
These Lords following were appointed to move His Majesty, from both Houses, That He will declare the disbanding of the Five Regiments of Foot of our Army, and so likewise for the whole Armies, as Money comes in, and for some Course to be taken for the punishing of those Soldiers as do refuse to be disbanded; and also that the Earl of Holland, Lord General, and the Earl of Newport, Master of the Ordnance, may presently repair to their several Charges and Places in the Army, and take Care to preserve the Army in good Order:
The L. Marquis of Hertford.
The L. Steward.
The L. Chamberlain.
L. Viscount Say & Seale.
Foreign Letters to be forwarded.
The House, taking into Consideration the great Inconvenience and Prejudice which the Merchants suffer by the staying of their Letters, Ordered, That those Letters which are this Week to be exported are to be delivered to Mr. Witheringes, the Post-master, to be sent away as usually they have been, without any further staying them.
Message to the H. C. to acquaint them with it.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque diem Veneris, videlicet, 25m diem instantis Junii, hora 9a, Dominis sic decernentibus.