House of Lords Journal Volume 4: 31 August 1641

DIE Martis, 31 Augusti.

PRAYERS.

A Message was sent down to the House of Commons, by Dr. Bennett:

Message to the H. C. about ingrossing the Ordinance, etc. for disarming Recusants.

To let them know, That their Lordships have agreed to the Draught of the Ordinance and Instructions, concerning the disarming of Recusants, and desire it may be ingrossed.

Then the Lord Bishop of Lincolne presented to the House a Draught of a Letter to be sent into Ireland, concerning the Business between Dermond Mac-carty and Sir James Cragg. The House commanded the Letter to be read, in hæc verba:

Letter to the Lords Justices of Ireland, concerning Mr. Maccarty and Sir James Cragg's Cause.

"After my very heartiest Commendations, etc. unto your Lordships,

"My Lords the Peers of this House, having taken this Petition inclosed into their Consideration, together with a Report of the Lords of the Committee for Petions, for the Relief of Mr. Mac-carty, in some Part thereof, held it not fit, notwithstanding, to confirm any Order therein, because Sir James Cragg had not been heard, nor so much * as cited before their Lordships; yet their Lordships, upon Perusal of a Copy of the Articles, and the Sentence by the late Earl of Strafford given in this Cause, not finding clearly how any Part of the Gentleman's Land was liable to those Articles drawn between the Father this Petitioner and Sir James Cragg, and less clearly how the rest of the Petitioner's Land, by Descent, or his Wife's Jointure by another Husband, could be made to relate to the aforesaid Bargain and Articles, especially in an extrajudicial Course of Proceeding, arising from a Paper Petition, after Two solemn Dismissions had by the said Petitioner, upon the Merit of the Cause, in an ordinary Court of Justice; have held it fit to recommend this Cause unto your good Lordships, That, calling before you both the Parties concerned, upon Examination of the pretended Grievances mentioned in this Petition, your Lordships (being upon the Place) may the more easily appoint such Relief therein as to Justice (by the Way of Law or Equity) may appertain. And so I bid your Lordships heartily Farewell; and I rest

"To the Right Honourable my very good Lords, Sir William Parsons and Sir John Burlace, His Majesty's High Justices for the Kingdom of Ireland."

"Your loving Friend, Edw. Littleton, C.S.

Ordered, That the Lord Keeper do subscribe and send the afore Letter to the Two Justices of Ireland, as from this House.

Dr. Bennet returned with this Answer from the House of Commons:

Answer from the H. C.

That he had delivered his Message, as he was commanded.

Message from the H. C. for the Ordinance and Instructions about disarming Papists to be published.

A Message was brought from the House of Commons, by Mr. Hollis; who signified, "That he was commanded, by the House of Commons, to deliver to their Lordships the Ordinance and Instructions ingrossed, for disarming the Recusants; and they desire that they may be signed by their Lordships Speaker, and then sent down to them to be signed by their Speaker; and that they may be printed and published through the Kingdom: And further he delivered, That the House of Commons take Notice of a single Messenger sent down to them with the last Message, which they presume is not done out of any Neglect to the House of Commons, nor proceeds from any Forgetfulness of their Lordships; therefore they desire it may not be drawn into Example hereafter."

The Ordinance and Instruction being read; it is Ordered, That the Lord Keeper, the Speaker of this House, do sign them both; and that they be printed and published through the Kingdom.

Then the Lord Keeper signed the Ordinance and Instructions immediately.

Answer to the H. C.

The Messengers from the House of Commons, attending for an Answer, were called in; and the Lord Keeper told them, "That this House hath given Order that the Ordinance and Instructions for disarming Recusants, shall be signed, printed, and published through the Kingdom; and their Lordships do let them further know, that the Reason why they sent but One Messenger upon the last Message, was because they had no more Attendants in this House present."

Message to the H. C. with the Ordinance, etc. signed.

Then a Message was sent to the House of Commons, by Sir Robert Rich, Mr. Page, and Dr. Bennett; who were appointed to deliver to the House of Commons the Ordinance and Instructions concerning disarming Recusants, which have passed this House, and are signed by the Speaker.

The Messengers return with this Answer:

Answer.

That they have delivered the Ordinance and Instructions to the House of Commons.

Pasfield sent for, for Contempt.

Ordered, That George Pasfeild shall be brought, as a Delinquent, before this House, on Monday the 6th of September next, to answer his Contempt for not appearing before the Lord Chief Justice of the King's Bench on Tuesday the 24th of this Instant August, according to his Lordship's Order in that Behalf made, having Authority from this House to examine the Business between Roger Warren and others, and the said Palfeild.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 6^m Septembris, 1641, hora 10^a, Dominis sic decernentibus.