Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Lunæ, videlicet, 30 die Augusti.
The Lord Keeper signified to this House, "That he had received a Letter from the King at Edenborough, by Mr. Anthony Nicolls, who was the Express sent from both Houses to His Majesty in Scotland." The Letter was read, in hæc verba:
The King's Letter about the Commission for the Committee to go into Scotland.
"Right Trusty and Right Well-beloved, We greet you well: Whereas We have understood, by the Petition of both Houses of Our Parliament in England (which Anthony Nicholls, Esquire, hath been employed to (fn. 1) bring Us from them), that they have resolved to send down certain of their Members, for to see the Ratification of the Treaty of Pacification by the Parliament here; and, to that End, have desired a Commission, under Our Great Seal; We do not hold (fn. 1) it necessary to sign any such Commission, but are hereby graciously pleased to give Leave unto the said Members to come, and attend Us here in Scotland, to see the Ratification of the said Treaty, and what else belongs thereunto; and this We require you to signify unto both the Houses from Us. Given under Our Signet, at Our Court at Edenborough, the 25th of August, in the Seventeenth Year of Our Reign."
Message to the H. C. for a Conference, to communicate this Letter to them.
Message from the H. C. for a Conference about Sir John Corbet's and the Earl of Bridgewater's Cause.
To desire a present Conference, if it may stand with their Lordships Convenience, by a Committee of both Houses, touching the Transmission of a Cause which concerns Sir John Corbet, a Member of their House.
Order for redressing the French Ambassador, who was assaulted in his House.
Upon Information this Day to this House, "That the French Ambassador and his Servants have been lately assaulted in his own House, by a Company of rude and insolent People, unto the great Dishonour of our Nation, and to his Lordship's insufferable Wrong, Injury, and Dishonour, whereof this House is very sensible, and do intend that all possible Diligence be used for the finding out of the Malefactors, for the punishing of them, to the Example and Terror of others, that none may presume hereafter to commit the like Outrages to any Ambassadors, of whom this House will always take Regard;" it is therefore thought fit, and so Ordered by this House, That Hooker, Mr. Longe, Mr. Whitaker, and Mr. Sheappard, His Majesty's Justices of the Peace, or any Two or more of them, shall speedily take this Business into their Examination, and, by all Diligence that may be used, find out the said Malefactors; and to imprison them until they find out Sureties for their good Behaviour, and to appear in this House on Monday the 6th of September 1641, to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors, so committed as aforesaid; and that the said Justices of the Peace, having thoroughly examined the Business, shall make Certificate unto this House, on the said 6th Day of September next, of all the whole Matter, and how they find it; that thereby their Lordships may proceed therein according to that which shall be just. And lastly, that the aforesaid Justices shall give Order, That there be Watch set, according to Law, for the better securing the Safety of the Ambassador and his House, and for preventing disorderly and tumultuous Assemblies.
Committee to acquaint the French Ambassador with this.
Ordered, That the Lord Great Chamberlain, the Lord Chamberlain, the Earl of Warwicke, and the Lord Kymbolton, do acquaint the French Ambassador from this House, that their Lordships have (fn. 2) taken this Business into Consideration.
Master of the Rolls Leave to be absent.
The Lord Chamberlain,
Answer from the H. C.
Message from thence, for the Conference about the King's Letter.
That the House of Commons are ready to give a present Meeting, concerning the Letter sent from His Majesty; and likewise to give their Lordships Information of a Report made by Mr. Nicholls to their House, at this Conference.
Recess for a Week.
Grove, for printing a Ballad against the Queen Mother, discharged.
A Petition of Francis Grove (committed to The Fleet, for printing the Ballad concerning the Queen Mother's Journey) was read; who, acknowledging the Sentence of this House to be just, desires to be released: Here upon it is Ordered, That the said Francis Grove (upon the delivering up of all the said Ballads to be burnt by the Hand of the common Hangman) shall be freed and discharged from his Imprisonment for this Cause; and lastly, that the said Grove shall assist the Gentleman Usher the best he can, for the finding out of the Poet that made the said Ballad.
Conference about Sir John Corbett's Impeachment of the Earl of Bridgewater and others.
Then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Bishop of Lincolne reported the Effect of the Conference: "That the House of Commons delivered to their Lordships a Transmission of an Impeachment, concerning the Cause of Sir John Corbett, a Member of their House, against the Earl of Bridgwater, the Lord Privy Seal, the Archbishop of Cant. the Lord Cottington, the Lord Newburgh, and the Two Secretaries of State. In which the House of Commons desires that the several Persons whom it concerns may be called to answer; and that their Lordships would proceed therein according to Justice."
His Majesty's Reasons for not signing the Commission.
Next, the Bishop of Lincolne reported, "That, at the same Conference, Mr. Nicholls, that was sent into Scotland to His Majesty from both Houses, reported, That he had delivered the Petition, and the Draught of the Commission, to His Majesty; but His Majesty thought it not fit to sign it, for these Reasons, which He commanded him to signify to the Parliament:
Message from the H. C. about a Drawback on Foreign Goods exported.
To desire this House to join with the House of Commons, to move His Majesty, That He will be pleased to extend His Grace to all Merchants concerning the freeing of all Foreign Goods that shall be imported from Custom and Subsidy, when they shall be exported again within a Year, in the same Manner as formerly He did, before any Subsidy of Tonnage and Poundage was granted by this Parliament; and that a Privy Seal to that Purpose be sent, ready drawn, to the Committees of both Houses, to present to His Majesty for His Assent unto it.
Message from the H. C. for a Conference about the Thanksgiving-day.
E. Bridgewater's Impeachment read, concerning Sir Jo. Corbert.
Next, the Impeachment brought from the House of Commons, against the Earl of Bridgwater, was read; wherein Sir John Corbet desires Reparation for his Imprisonment. (Here enter the Impeachment at large.)
Conference about the Thanksgiving reported.
Order for the Day of Thanksgiving.
"According to the Act of this present Parliament, in Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland, where it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of His Majesty's Subjects might be made known at the Time of the Public Thanksgiving in all Places, and particularly in all Parish Churches of His Majesty's Dominions, which Request was graciously condescended unto by His Majesty, and confirmed by the said Act: It is now Ordered and Commanded, by both Houses of Parliament, That the same be effectually done in all Parish Churches throughout this Kingdom, upon Tuesday the 7th Day of September next ensuing, at the Time of Public Thanksgiving, by the several and respective Ministers of each Parish Church, or by their Curates, who are hereby required to read this present Order in the Church."
To be printed.
Recess for a Week.
Then the Earl of Warwicke reported, "That, at the Conference, he delivered it as the Resolution of this House, to adjourn from this Day until Monday next; and that, if the House of Commons think it inconvenient to adjourn from this Noon, their Lordships will sit at Five a Clock this Afternoon, if they have Business to dispatch, that so both Houses may adjourn from this Day to Monday next."
Message from the H. C. to sit P. M. and for distributing the Order for the Thanksgiving.
To let their Lordships know, that the House of Commons intends to sit this Afternoon, and they desire this House to sit likewise: And further to desire, That their Lordships would consider of some Course to send the Order for keeping the Thanksgiving on the Seventh of September, to the Sheriffs of every several County, that they may be the speedier dispersed through the Kingdom.
That this House will sit this Afternoon, at Four of the Clock; and that their Lordships will (fn. 3) take the best Care they can for the dispersing the Orders through the Kingdom.
Cooke versus Blakeston.
Upon reading the Petition of John Cooke, Clerk, it is Ordered, That Benjamin Blaxton shall Personally appear in this House on Monday the Sixth Day of September next, at Nine a Clock in the Morning, and make Answer to the said Petition; or otherwise, upon Notice given Three Days before, and Affidavit made thereof, a Sequestration of the Profits of the Rectory of West Thorney, in the County of Sussex, shall be granted, until the Cause be heard in this House.
Letter from the L. General, about disbanding the Army; and about Berwick and Carlisle.
Next a Letter, sent from the Lord General to the Lord Chamberlain, was read, dated the 27th August 1641, declaring, "That he will pursue the Orders of Parliament, in disbanding the King's Army; but he understands that the Scotts will keep Five Thousand Men undisbanded until our Army be all disbanded, and our Fortifications at Barwicke and Carlile slighted: To this Purpose his Lordship hath received Directions from His Majesty, to slight the Fortifications of Barwicke and Carlile, and to remove the Ordnance and Ammunition from thence."
To be communicated to the H. C.
Message from the H. C. for a Conference about disarming Recusants.
Message to the H. C. for a Conference about the Lord General's Letter.
Order for the Thanksgiving to be dispersed.
Ordered, That the several Messengers of the Exchequer shall forthwith repair unto the King's Printer, and (taking such Ordinances of Parliament for the keeping of the Public Thanksgiving on the 7th of September, as shall be there provided for the Service) shall speedily convey them to all the Sheriffs of England and Wales, to be dispersed unto all the Parish Churches in their several Counties.
Answer from the H. C.
Conference about disarming Recusants, reported.
"That the House of Commons had taken into Consideration the Store of Arms in this Kingdom; and they find that there are many Arms in the Hands of Popish Recusants, for disarming of whom the House of Commons have formerly recommended to this House the disarming them according to the Statute of 3° Jac. but they have found that the Good came not by this Statute as was intended; for, upon Indictments for Recusancy, there were Certiorari's granted. Therefore, the House of Commons have taken these Things into Consideration again; and the rather because of the King's Absence at (fn. 4) this Time in Scotland, and the Time of Recess draws near; and considering the late Troubles of this Kingdom, which are not yet settled, the House of Commons have considered of an Ordinance of Parliament, and some Instructions to be given unto such Commissioners as they have named, to see to the disarming of Popish Recusants, according to the Statute of 3° Jac. which Ordinance and Instructions they present to their Lordships, desiring to join with them therein."
Ordinance of both Houses for disarming Recusants.
"Whereas, for the preventing and avoiding of Dangers that might grow by Popish Recusants, Provision has been heretofore made by Act of Parliament, for the disarming of all Popish Recusants Convicted within this Realm, which said Law hath not taken so good Effect as was intended, by reason such Recusants and Persons Popishly affected have, by subtle Practices and indirect Means, kept themselves from being convicted: or, being outwardly conformable, have caused or suffered their Children, Grandchildren, and Servants, to be bred up and maintained in the Popish Religion, and have otherwise hindered the due Execution of the said Law, to the great Danger and Grievance of the Commonwealth; and for that it is so manifest that the said Popish Recusants have always had, and still have, and do practise, most dangerous and pernicious Designs against the Church and State; and by the Laws of this Realm, in Times of imminent Danger, or of any forcible Attempts, Designs, or Practices, against the Peace and Safety thereof, all Armour, Weapons, and other Provision, that may tend or be employed to the effecting of such mischievous Designs, ought timely to be removed and taken away, and all fit Means used for the securing of the Peace and Safety of the Realm.
"And, for the Prevention of such further Mischiess as may happen by any Outrage or Violence to be offered, it is therefore Ordained and Provided, by the Lords and Commons in this present Parliament assembled, That all such Arms, Gunpowder, and Munition, of what Kind soever, as any Popish Recusant Convicted, or Person whatsoever, either of the Nobility or other, which is or shall be indicted for such Recusancy, and such Indictments either are or shall be removed by Certiorari, or, being not removed, shall not, by Appearance and Traverse, or otherwise, legally be discharged before this Ordinance be put in Execution, or which shall not have repaired to Church more than Once in every Month, or shall not have received the Holy Communion, according to the Rites of the Church of England, within One whole Year next before the making hereof, or which shall refuse to take the Oaths of Supremacy or Allegiance upon lawful Tender thereof made, or whose Children, or Grandchildren, or any of them, being at his or her Dispose, or living in House with them, is or shall be bred up in the Popish Religion, or have not repaired to Church within One Year next before the making of this Ordinance, according to the Laws and Statutes of this Realm, or whose Household Servants, or any Two or more of them, is or shall be of the Popish Religion, hath or shall have in his or their House or Houses, or elsewhere, or in the Hands or Possession of any other to his or their Use, or at his or their Disposition, other than such necessary Weapons as shall be thought fit by the Persons authorized to take and seize the said Arms and Munition, to remain and be allowed for the Defence of the Person or House of such Recusant or Person aforesaid, shall forthwith be taken from every such Popish Recusant or Person as aforesaid, and from all others which shall have the same to the Use of any such Popish Recusant or Person, by such Person and Persons as are, and shall be by this Ordinance, appointed and authorized in that Behalf, for every Shire, County, and Riding, within this Realm, and Dominion of Wales; that is to say:
Persons appointed for disarming Recusants in the several Counties.
"Which said Persons so appointed and nominated, or any One or more of them, together with the Justices of the Peace of every Shire, County, or Riding, respectively, or any One or more of them, or the Mayor, Bailiffs, Justices of the Peace, Jurats, or other Head Officers, within any City, or Town Corporate, or other Privileged Place, or any One or more of them respectively, shall have Power, and are hereby authorized and required, to do and perform all and every such Thing and Things as shall be necessary to the due Execution of this present Ordinance, according to the Instructions herewith annexed; which said Instructions are hereby Ordered and commanded to be duly observed and executed, by all and every Person and Persons whom it shall or may appertain, as they will answer the contrary at their Perils.
Instructions for the Persons appointed to disarm the Recusants in the several Counties.
"1. Such Members of the House of Commons, and other Persons, as in and by the said Ordinances are particularly named and appointed, or any One or more of them, and the Justices of the Peace of each several County, Shire, or Riding, within England or Wales, as also the Mayors, Bailiffs, Justices of the Peace, Jurats, or other Head Officers, of or within any City, Town-Corporate, or Privileged Place respectively, or any one or more of them, together with some, or One, of the Persons nominated in the said Ordinance, are to see the same forthwith put in Execution, and shall have Power to call the High Sheriff of each County, and His Ministers, all Constables and Tithing Men and other Officers, or any of them, when and as oft as they shall think fit, to be aiding and assisting to them, from Time to Time, within their several Limits and Jurisdictions, in the due Performance of this Service, and to do and execute all and every such Thing or Things, as shall be requisite and necessary in that Behalf; and the said Members of the said House of Commons are respectively required to see the said Ordinance forthwith put in Execution.
"2. The said Persons authorized are to inform themselves, by all convenient Ways and Means, of all such Arms, Gunpowder, and Munition, of what Kind soever, as any Popish Recusant Convict, or Person whatsoever, either of the Nobility or others, which is, or shall be, indicted for Popish Recusants, and such Indictments either removed by Certiorari, or, being not removed, shall not, by Appearance and Traverse, or otherwise, be legally discharged; or which shall not have repaired to Church more than Once in every Month; or shall not have received the Holy Communion, according to the Rites of the Church of England, within One whole Year next before the making of the said Ordinance; or which shall refuse to take the Oaths of Supremacy or Allegiance, upon lawful Tender thereof made; or whose Children or Grandchildren, or any of them, being at their Dispose, or in House with them, are bred up in the Popish Religion, or have not repaired to Church within One whole Year next before the making of the said Ordinance, according to the Laws and Statutes of the Realm; or whose Household Servants, or any Number of them, are of the Popish Religion; hath or have, in his or her House or Houses, or elsewhere, or in the Hands or Possession of any other, to his or her Use, or at his or her Disposition; and are to search all such Places where any such Arms, Gunpowder, or Munition, of any such Popish Recusant, or other Person whose Arms by the said Ordinance is to be taken away, is placed or deposited, or supposed to be placed or deposited.
"3. They are to take and seize all such Arms, Gunpowder, and Munition as aforesaid, in whose Hands or Custody, or in what Place soever, the same shall be, other than such Weapons as shall be by the said Persons so authorized thought fit to remain and be allowed to the said Recusants, or other Popish Persons as aforesaid, for the Defence of his or her Person or Houses; and shall cause the same to be placed in some City or Town Corporate, or other convenient Town of the same County, and there safely kept, at the Costs and Charges of the Owner thereof; and the Armourer to be admitted to dress and amend the same so oft as Need shall require.
"4. And if any such Popish Recusant, or other Person, as aforesaid, or any other Person or Persons which have, or hath, or shall have, any such Arms, Gunpowder, or Munition, in his or their Hands or Possession, to the Use of such Recusant or other Person as aforesaid, or by his, her, or their Appointment, shall conceal the said Arms, Gunpowder, and Munition, or any Part thereof, or shall refuse to discover the same to the said Persons authorized, or otherwise wilfully oppose, hinder, or disobey the said Persons authorized, or any of them, in the Execution of the said Ordinance, that then every such Popish Recusant, and other Person so offending, shall be held a contemptuous Person, and be liable to such further Punishment as by the Parliament, upon Certificate thereof made, shall be thought fit; and the Persons authorized are to certify their Names accordingly; they are to make Certificate to the Parliament of all such Arms, Gunpowder, and Munition, as they shall take or seize, by Force or Virtue of the said Ordinance, as also of the Person and Persons whose the same were, and from whom they are so taken, and in what Places the same are found or taken, and where, and in what City, Town, or Place, and in whose Custody, the same shall be left or deposited, and what Order they shall take concerning the same; and shall likewise certify what Arms or Munition they shall leave to such Recusants or Persons as aforesaid, for the Defence of his or her Person or House.
5. They are to enquire what Popish Recusants have lately had any Arms or Munition taken away, by whom and by what Means, and where, (fn. 5) and in whose Hands the same remains; and to take Care that the same be safely placed and kept in such Manner, as aforesaid, and to make Certificate thereof to the Parliament.
"6. To take Care that the said Arms and Munition so to be seized and taken away by Force of the said Ordinance, may so be placed and disposed of, as there may not be too great a Quantity thereof, at the same Time, in one and the same City, Town, or Place; but that it may be distributed and placed in several Towns and Places, in such Manner and Proportion as shall be most convenient for the Use and Safety of the Kingdom."