House of Lords Journal Volume 4: 21 October 1641

DIE Jovis, videlicet, 21 die Octobris.

PRAYERS.

Walkadyne &c. their obscure Printing Press.

Upon reading the Petition this Day of the Master and Wardens of the Company of Stationers, shewing, "That one Walkadyn a Packer of Cloth, Ashton a Draper, and Thomas Winter, have erected a Printing Press, in an obscure Place in Holborne, and have opposed a Justice of the Peace and Constables, and the Wardens of the Company of Stationers, and have presented Guns and a Piece of Ordnance against them on Monday last:" The Truth hereof was verified by Oath of Nic. Borne and Joseph Husnscott: Hereupon it is Ordered, That the further Consideration hereof is referred to the Committee for Printing, who are to meet on Monday next, in the Afternoon, at Three a Clock; in the mean Time the Offenders are to be apprehended, and taken into Custody, by the Gentleman Usher, to be forthcoming at the Time aforesaid, to be examined; and that the Press be stayed, that there be no more Printing until this House shall give further Order herein.

Sir Arthur Gorges misused in the King's Bench.

It being informed, "That Sir Arthur Gorges, Knight, hath been wounded, and dragged up and down by the Arms, and used in an outrageous Manner in The King's Bench Prison, by one George Whistler, George Hues, Henry Barker, and Two of Sir William Middleton's Servants:" Hereupon it is Ordered, That this Cause shall be heard by the Lords Committees Tomorrow in the Afternoon, at Two a Clock, in the Painted Chamber; at which Time the Parties on both Sides aforesaid, with their Witnesses, shall be present.

Order to put off Private Causes.

It was moved, "That all Private Causes might be put off until the 30th of November next, in regard of the Infection of the Plague at this Time spread abroad, and the many Public Businesses now depending in this House;" which was agreed to; and the Lord Privy Seal, the Lord Chamberlain, the Earl of Dorsett, the Lord Viscount Say & Seale, and the Lord Wharton, were appointed to draw up an Order, that so it might presently (fn. 1) be published.

The Lords Committees having withdrawn themselves, returned, and presented this Order following to the House, which was read, in these Words: videlicet,

"Whereas, upon the Lords Meeting after their late Recess, finding that there are many Petitions depending in the House, and conceiving that many more may come in, which may occasion the Repair and Attendance of divers of His Majesty's Subjects at this Place; their Lordships have thought fit, and accordingly have Ordered, That, because of the Danger of Infection, and because there are many Public Businesses of great Importance in Agitation, which concern the Safety and Weal of the Kingdom, that all Private Business be deferred and put off till the 30th Day of November next; whereof their Lordships do hereby give Public Notice to the whole Kingdom, to prevent the Charge and Trouble which otherwise the Petitioners might be put unto in repairing hither."

To be published.

Which Order being approved by the House, it is Ordered, That it shall be printed and published.

Aqueduct.

Ordered, That the Cause concerning the Aqueduct shall be heard at this Bar on Monday come Fortnight, being the 8th Day of November next, in the Morning; at which Time all Parties interested therein are to attend this House.

Lords Leave to be absent.

Ordered, That the Earl of Clare and the Lord Viscount Compden are excused for being absent.

Porter versus Abbott.

Ordered, &c. That the Commissioners for Bankrupts, in the Cause between Edward Abbott and his Creditors, shall (by virtue of this Order) forthwith give full Power unto Thomas Browne and William Broughton, to pay unto Thomas Porter, Master of the Ship called The William and Thomas of London, the Sum of Two Hundred and Forty-five Pounds, Seven Shillings, and Eleven Pence, for the Freight of all the Goods brought lately into England in the said Ship, by the said Thomas Porter, for the Account of the said Edward Abbott, according to an Order of Parliament dated the 6th of September last past; and the said Browne and Broughton are hereby Ordered to pay unto him the said Porter the said Sum of Two Hundred and Forty-five Pounds, Seven Shilling, and Eleven Pence, accordingly, without any further Suit or Trouble unto the said Thomas Porter.

Portuguese Ambassador to land Goods out of a leaky Ship.

Ordered, etc. That the Ambassador of Portugall (having Goods in a Ship that hath sprung a Leak near Plymouth, being bound from Holland to Spaine) shall have Liberty (by virtue of this Order) to land his said Goods at the same Port, paying the Master of the Ship for the Freight thereof; and that the Lord High Admiral of England shall be authorized, by this Order, to give full Power for the shipping of the said Goods, in any other Ship or Vessel, according to the Desire of the said Ambassador; and that the said Lord Admiral is likewise authorized to appoint such as his Lordship pleaseth, to arbitrate and set down, between the Portugalls and the Master, what he shall have of the Freight of the said Goods, so far of his Voyage as aforesaid.

A Message was brought from the House of Commons, by Sir Gilbert Gherrard, Baronet:

Message from the H. C. for a Conference about the Safety of the Kingdom.

To desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the Public Safety of this Kingdom.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Conference reported, concerning a Design against the Marquis of Hamilton and others.

Then the Lord Keeper reported the Effect of this Conference; which was: "That the House of Commons declare, that they are very careful to preserve the Union and good Correspondency between the Two Houses of Parliament, that it may redound to the Glory of God, the Honour of the King, and the Good of the whole Kingdom.

"Next, they acquainted their Lordships, that they had received a Letter from the Committee in Scotland, informing them that there hath been lately some Troubles there; and it was doubted that the said Design had some Influence here. The Design was against the Persons of the Marquis of Hamilton, the Earls of Argyle and Lannericke, and in a malicious and treacherous Manner to destroy them, that so the happy Peace of that Kingdom might be disturbed. One of the chiefest Actors in this Business was the Earl of Crawford, a Popish Recusant; and there is a great Probability that the Actors in it have Correspondency here, to work the same horrid and malicious Attempts, and to effect such mischievous Practices in this Kingdom, as might produce Distempers and Confusion to the Breach of the Public Peace, because this Business was spoken of here in England before it brake out there. Upon the Consideration hereof, the House of Commons thinks it fit, if their (fn. 2) Lordships shall please to join with them herein, that strong Guards may be appointed in the Cities of London and Westminster, for Prevention of the like dangerous Attempts, as may ha zard the Peace and Safety of the Kingdom; and that they hold it necessary to send a Messenger into Scotland, with a Letter to the Committee there, to give them Thanks for their timely Advertisements of this Business, and to desire them to continue their Information to the Two Houses of the further Proceedings in this Matter, and such other Accidents as may concern the Safety of both Kingdoms; and that the Committees may have further Instructions to acquaint His Majesty, from both Houses, that, by their Information, the Houses of Parliament here have taken Notice of the malicious Design of the Earl of Crawford against the Persons of the Earls of Argyle and Lannericke; and that they conceive they have good Ground to doubt that those ill Instruments, as would disturb the Peace of that Kingdom, are not without their Correspondents here, to act the same mischievous Attempts and Designs, to the putting of this Kingdom into a general Distemper: And to tell His Majesty further, that the Advice of both Houses is, that they esteem it a Matter of great Importance to this Kingdom, that the Religion, Liberty, and Peace of Scotland be preserved, according to the Treaty and Articles agreed to by His Majesty, and confirmed by Act of Parliament, (fn. 3) of which they are bound to be careful; and they have resolved to make it their humble Suit and Advice to His Majesty, and to employ the Power of Parliament, and of the Kingdom, for suppressing such as shall, by any Practice, or other malicious Attempts, endeavour to disquiet and oppose the Peace of Scotland, and to infringe the late Treaty and Pacification made betwixt the Two Kingdoms.

"Next, the House of Commons acquainted their Lordships with a Letter received from Sir Michaell Earnly, Governor of Berwicke, sent to him from Mr. Secretary Vane at Edinburgh, commanding him, from His Majesty, to stay the slighting of the Works there, and respiting the discharging of the Remainder of the Garrison; and also that the Ships that are at Berwicke and The Holy Island, to bring away the Ordinance and Ammunition, are contracted with for a longer Stay by the King: Hereupon the House of Commons do declare that they intend to be at no further Charge for the longer Stay and Entertainment of these Men, or for the Demurrage of the Ships, if they stay longer than was agreed upon; in which Declaration the House of Commons desires their Lordships Concurrence."

And further it was reported, "That Sir John Berkley, Knight, and Daniell O'Neale, that were suspected for having a Hand in the late Treason of bringing up the Northern Army against the Parliament, and thereupon fled out of this Kingdom, are now, upon their Return, apprehended by the Serjeant at Arms of the House of Commons: The Desire of the House of Commons is, That the said Sir John Berkley and Daniell O'Neale may be examined by the Lords Committees, which were formerly appointed to examine the Business of bringing up the Northern Army, in the Presence of some Members of the House of Commons."

This House, (fn. 4) having taken all the Particulars of this Conference into Consideration, agreed with the House of Commons in all their Desires.

Dispatch to be sent to the Committee in Scotland, to move the King in the Business of the Marquis of Hamilton, &c.

Ordered, That a Messenger be forthwith sent into Scotland, with a Dispatch to the Committees there; and that a Committee of Lords be nominated, to join with a proportionable Number of the House of Commons, and meet this Afternoon, at Three of the Clock, in the Painted Chamber, to draw up a Letter to be sent from both Houses, to the Committee in Scotland, and to consider of some further Instructions for them to present the Desires of the House to the King, touching the Business concerning the Marquis of Hamilton, the Earls of Argyle and Lannericke, and for the preserving the Peace of the Kingdom of Scotland; and hereof to make Report to this House.

Further, this House thought it fit, at the Committee, to express how gladly this House doth embrace the Overture of preserving and increasing the Union and good Correspondency between the Two Houses, and how heartily this House will endeavour the same.

The Names of the Lords Committees were these: videlicet,

The Lord Privy Seal.
Lord Admiral.
Comes Bristoll.
Comes Holland.
Viscount Say & Seale.
Dominus Pagett.

Their Lordships, or any Three of them, to meet with a proportionable Number of the House of Commons.

A Message was sent to the House of Commons, by Mr. Justice Heath and Mr. Justice Foster:

Message to the H. C. concerning this.

To let them know, that this House agrees with them in all their Desires and Propositions delivered at the last Conference; and that the Lords have appointed a Committee of Six Lords, to consider of the drawing of a Letter, and some further Instructions, to be sent to the Committees in Scotland; and to desire that the House of Commons would nominate a Committee of a proportionable Number to join with them, and to meet this Afternoon, at Three of the Clock, in the Painted Chamber.

Examination of Sir John Berkley.

Ordered, That the Committee appointed this Day to examine Sir John Berkley, shall hereby have Power from this House, to examine the said Sir John Berkley, concerning what he reported of the Lord Admiral's Advice to him to come over into England, he being fled upon a Suspicion of having a Hand in the late Treason of bringing up the Northern Army against the Parliament.

The Messengers sent to the House of Commons with the Message return with this Answer:

Answer from the H. C.

That they have nominated a proportionable Committee of their House, to join with the Lords Committees, and to meet this Afternoon, as is desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 22^m diem instantis Octobris, 1641, hora nona Aurora, Dominis sic decernentibus.