House of Lords Journal Volume 4: 30 October 1641

Pages 411-412

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.

Page 411
Page 412

In this section

DIE Sabbati, videlicet, 30 die Octobris.


Legg and Symons.

Ordered, upon the Petition of Jonas Legg, That he shall have a Commission, under the Great Seal of England, directed to Thomas Mynnes, William Cockayne, Laurance Halsted, and Maurice Tompson, of London, Merchants, authorizing them, or any Three of them, to examine the Business between the said Jonas Legg, and Edward Symons, according to the Petition of the said Legg; and it is further Ordered, That an Order made between the said Parties by the Lords Committees shall stand in Force, and is confirmed hereby.

Panton versus Berkeley, &c.

Upon the Petition of Anthony Panton, Clerk, Minister in Virginia, and Agent for the Church and Clergy there; it is Ordered, That Sir William Berkeley, Knight, Richard Kempe, and Christopher Wormeley, shall be stayed their Voyage to Virginia, and attend the Lords in Parliament forthwith, to answer the Complaints in the said Petition; but the Intent of this House is not to stay any Ship or Ships that are bound upon their Voyage, only the Persons aforementioned; and the Lord Admiral is desired hereby to take Order herein.

Account of Proceedings upon the Proclamation about wandering Soldiers.

Sir Jo. Lenthall, Knight, and John Hooker, Esquire, Justices of the Peace, according to an Order of this House, attended to give an Account how far they had put in Execution the late Proclamation for searching for wandering Soldiers, &c. and they alledging they had but little Time for searching, the House Ordered, That they should give a further Account hereof to this House on Friday Morning next.

Witness about ill Counsel given the Army.

Captain Wm. Legg was sworn, and is to be examined by the Lords Committees, touching the ill Counsel given to the Army.

Committees for printing the Ld. General's Orders.

Lords Committees appointed to consider of the Manner, and how much of the Orders made by the Lord General concerning the Troopers shall be printed: videlicet,

The L. Privy Seal.
Comes South'ton.
Comes Dover.
Comes Newporte.
Epus. Lincolne.
Ds. Brooke.

Their Lordships, or any Two, to meet when (fn. 1) they please.

Capt. Bargrave discharged.

The Lord Admiral reported to this House, "That, according to their Lordships Order, he sent for Captain Bargrave, and such Witnesses as he was informed could prove the Complaints against him; but no Man appears to prosecute against him, neither are the Witnesses to be heard of; and he denies the Words which are supposed to be spoken Five Months ago:" Hereupon this House Ordered, That the said Captain Bargrave shall be discharged and set free of and from any Custody or Restraint that he is under, concerning this Business, because none appears to charge him, or to prove the Complaints.

Directed "To the Lord High Admiral."

Witness about ill Counsel given the Army.

Sir Jo. Berkeley was sworn, and is to be examined by the Lords Committees, touching the ill Counsel which was given to the Army.

Sir Arthur Gorge's ill Treatment in the King's Bench Prison.

After this, the Persons that abused and beat Sir Arthur Gorge in The King's Bench were brought to the Bar; videlicet, Ralph Whilster, Henry Barker, and George Hughes, &c. And, after the Business had been heard by Witnesses on both Sides, and it appearing to this House that Sir Arthur Gorge had been very much abused and assaulted by Whister and Barker, and that they had given many base and unbefitting Speeches to the said Sir Arthur Gorge, he being a Gentleman of good Descent; upon Consideration hereof, it is Ordered by this House, That Sir Arthur Gorge, now a Prisoner in The King's Bench, shall be forthwith removed out of the Custody of Sir William Middleton, into the Custody of Sir John Lenthall, Knight; and that Ralph Whistler and Henry Barker, for assaulting and beating the said Sir Arthur Gorge without any Cause, shall be discharged of any longer Employment in or about the said Prison; and that they be indicted at the Assizes for Surry, and prosecuted by the said Sir Arthur, either by Action of Battery, or otherwise, as he shall think fit. But the House being afterwards moved, by the Procurement of Sir Arthur Gorge, that the aforesaid Whistler might not be turned out of his Employment in The King's Bench, it is further Ordered, That the said Whistler shall still continue his Employment as formerly, with this Proviso nevertheless, That this shall be a Warning to him and others not to abuse any Gentleman hereafter in the like Kind.

A Message was brought from the House of Commons, by Arthur Goodwin, Esquire:

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

To let their Lordships know, That the House of Commons intends to sit this Afternoon; and they desire their Lordships to sit likewise, for they have Matters of Importance to impart to their Lordships.

Ordered, That this House shall sit at Two a Clock this Afternoon.


Then the Messengers of the House of Commons were called; and the Lord Keeper told them the aforesaid Order.

Sir William Killegrew versus Carr and Fox.

Ordered, That the Cause between Sir William Killegrewe, &c. and Carr and Fox, and others of Lincolneshire, touching the disobeying the Order of this House, speaking scornful Words of the same, shall be heard by Counsel on both Sides, for their Lordships better proceeding therein, on Thursday next, at this Bar.

Devereux's Cause to be reviewed in the Court of Wards.

Ordered, That the Master of the Court of Wards and Liveries shall review the Cause that is between Deveureux and others.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 2a, Dominis sic decernentibus.

Post meridiem.


Earl of Nottingham Leave to be absent.

The Earl of Nottingham hath Leave to be absent for Four or Five Days.

A Message was brought from the House of Commons, by Mr. Hotham:

Message from the H. C. for a Conference about the Security of the Prince's Person.

To desire a present Conference, by a Committee of both Houses (if it may stand with their Lordships Conveniency), touching the Safety of the Kingdom, and the Security of the Prince's Person.

The Answer hereunto returned was:


That their Lordships will give a present Meeting, as desired, in the Painted Chamber.

The Lord Keeper was appointed to report this Conference.

Corference reported.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Keeper reported the Conference, to this Effect: "That the House of Commons are full of Tenderness of the King's Honour, Duty to the King's Person, and His Posterity: It was said, that it was not News now-a-days to hear of dangerous Designs, they having newly discovered some more; therefore the House of Commons have Reason to look into every Corner whence Danger may come.

"And, upon Information, the House of Commons understands that the Prince of late hath been much from his own House, at Oatelands, out of the Custody of his Governor; they do not doubt of the Motherly Care and Affection of the Queen towards him; but there are dangerous Persons at Oatlands, Priests and Jesuits, as hath of late appeared by some Examinations taken; and some of them are sent for by the House of Commons.

The Commons desire the Marquis of Hertford may have the Charge of the Prince.

"Upon these Reasons, the House of Commons desires, that a Message be sent to the Lord Marquis of Hertford, from both Houses of Parliament, that he should forthwith take the Prince into his Custody and Charge, and attend upon him in Person; and desire that the Prince may make his ordinary Abode and Residence at his own House at Richmont; and that his Lordship will place such Persons about him as he will be answerable for to both Houses."

Message to the Queen, and to the Marquis of Hertford, about it.

After this House had taken this Report into Consideration, their Lordships resolved to send the Lord Chamberlain to the Lord Marquis of Hertforde; and the Earl of Holland to acquaint the Queen therewith, and present to Her Majesty the Reasons of it.

Hereupon a Committee of Lords were nominated to draw up in Writing what is fit to (fn. 2) be delivered from both Houses by the Lord Chamberlain to the Lord Marquis of Hertford, and by the Earl of Holland to the Queen.

The Names of the Lords Committees were:

Committee to draw up these Messages.

The L. Privy Seal.
Comes Bristoll.
L. Viscount Say & Seale.
Epus. Lincolne.

Which Lords having withdrawn themselves, and returned, reported a Draught, which was read, in these Words: videlicet,

Message to the Marquis of Hertford.

"The Desire of both Houses of Parliament is, that my Lord Marquis, Governor to the Prince, will take into his Care, that the Prince's ordinary Stay and Abode be at his own House; and that no such Persons as may give either, Cause of Distrust of meddling with him, either in any Point against his Religion or against the Security of his Person, be admitted about him; and, to this Purpose, that the said Marquis do diligently attend him in Person; and this Care both Houses expects of my Lord Marquis, as he will be answerable to the King and Kingdom.

"And the House of Lords have appointed my Lord Chamberlain to acquaint my Lord Marquis of Hertford with this Order of both Houses.

Message to the Queen.

"And have likewise appointed the Earl of Holland to let the Queen's Majesty understand what were the Reasons that induced both Houses hereunto."

Which being approved of by this House, the Lords went into the Painted Chamber, to the House of Commons, to acquaint them herewith.

The House was adjourned during Pleasure; and the Lords returning, the House was resumed; and the Lord [ (fn. 2) Privy] Seal reported, "That the Paper was delivered to the House of Commons, who are gone to read it in their House, and will return an Answer presently."

Then a Message was brought from the House of Commons, by Mr. Pym:

Message from the Commons, that they approve of them.

To let their Lordships know, That they have read and considered of the Paper, which is to (fn. 3) be sent as a Message from both Houses to the Marquis of Hertforde, and do wholly consent with their Lordships therein; and that the House of Commons do approve of the Message which the Earl of Holland is to deliver to the Queen. All which was accordingly Ordered by this House.



Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 1m diem Novembris 1641, post meridiem, hora 2a, Dominis sic decernentibus.


  • 1. Origin. the.
  • 2. Deest in Originali.
  • 3. Deest in Originali.