House of Lords Journal Volume 4: 17 December 1641

DIE Veneris, videlicet, 17 Decembris.

PRAYERS.

E. of Warwick versus Langhorne.

Upon hearing of the Counsel of William Langhorne, Merchant, this Day at the Bar, and the reading of the Orders of this House made formerly in the Cause between the Right Honourable the Earl of Warwick and the said Langhorne; it is Ordered by the Lords in Parliament, That there shall be a Review of the said Cause in this House, provided that the said Langhorne shall give good Security for the Sum of Six Thousand Pounds, to stand to and abide the Judgement, Decree, and final Determination of the said Cause, in this House: And lastly it is Ordered, That Sir Robert Rich, Knight, and Mr. Doctor Bennett, Two of the Masters of the Chancery, shall judge of the Sufficiency of the Security, before whom the same is to be taken; and the said Langhorne is hereby enjoined, within One Week next after the Date of these Presents, to give such Security as aforesaid, as he will answer the contrary unto this House.

Morgan and Rookes.

Ordered, That the Cause between Morgan and Rookes shall be heard on Monday next in this House, at which Time all Parties and Witnesses are to attend.

Report of the Delivery of the Petition to the King about Privileges. The King's Answer.

The Archbishop of Yorke reported, "That the Committee of this House met with the select Committee of the House of Commons, and waited on the King at Whitehall, and delivered unto His Majesty the Petition of Remonstrance of both Houses, touching the Privilege of Parliament; and His Majesty returns this Answer for the present, That He will send an Answer, in convenient Time, in Writing."

Report of the Amendments of the Declaration about Papists and Ireland.

Then the Lord Wharton reported, from the Committee appointed to consider of the Amendments and Alterations and Additions to the Papers brought up from the House of Commons read and debated here Yesterday: videlicet,

"In the First Desire of the House of Commons to the Lords:

"Linea 2^a, Leave out the Words ["and Protestation"].

"3^a, Instead of the Word ["any"], put in ["A"].

"4^a, Leave out all after the Word ["Religion"] unto the Word ["And"] in the next Line; and, instead thereof, put in ["In England or Ireland"].

"7^a, After the Word ["such"] leave out all that follows unto the Word ["who"] in the Ninth Line; and, instead thereof, add, by the Way of a Parenthesis, these Words ["according to the Laws and Statutes of this Kingdom"].

"10^a, Instead of ["any such"], put in the Word ["A"].

"After the Word ["Solicitation"], leave out the Words following to the Word ["endeavour"] in the next Line.

"In the Second, concerning the Advice to His Majesty, ["not admit of any Toleration of Religion"],

"Linea 2^a, Instead of ["not to admit"], put in ["not to grant or hearken unto"].

"To have a Conference with the House of Commons about the Oath, and to offer at the said Conference the Reasons why the said Oath is desired to be left out; which Reasons the Committee have drawn, and presented to their Lordships, as followeth:

"Reasons for leaving out the Oath to the Officers:

"1. Because it is punishable by the Statutes of Ireland, for Officers, or any other private Persons, to treat with Rebels, without the Authority of the Chief Governor.

"2. It doth prevent the Assistance of all the Papists there, if they may not serve without being obliged to take such an Oath.

"3. It frustrates His Majesty's Declaration, encouraging those of that Religion who shall shew themselves faithful to His Majesty and His Crown, and shall actually express their Faithfulness in assisting His Majesty against the Rebels, in which Case His Majesty is petitioned to protect them in their Persons, Estates, and Liberties, according to the Laws, with such Lenity and Indulgence as they shall find a comfortable Effect of their Obedience.

"Linea 6^a, After the Word ["in"] put in ["England or"], and after the Word ["Dominions"] put in these Words ["depending upon His Crown"].

"Linea 8^a, After the Word ["War"], put out all those Words that follow to ["And"] in the 12th Line.

"In the 4th Desire:

"Instead of the Words ["to admit of no"], make it ["not to entertain any"].

"In the King's Declaration:

"Pag. 2^a, Linea 1^a, ["A"] Toleration instead of ["any"] Toleration.

"Linea 2^a, Instead of the Words ["that Kingdom"], put in [England or Ireland"].

"3^a, After the Word ["Dominions"], put in these Words [depending upon the Crown of England"].

"11^a, The same Alterations as in the 3d Line.

"15, After the Word ["shall"] put out the Words ["bring them"], and instead thereof put in these Words ["not hinder them from being brought"].

"16, After the Word ["Punishment"] put in ["according to the Laws and Statutes of this Kingdom"].

"17, Put out these Words ["Traitors and"].

"Concerning the Desire that no General Composition be made without Consent of Parliament, it is (fn. 1) granted in the General; but it is desired,

"That the Chief Governor, or any whom he shall authorize under him in that Behalf, may have Power to treat with and pardon all such Rebels as he or they shall see fit to be pardoned, for the Service of the Kingdom, excepting such as he shall have Directions from the King and Parliament not to treat withall nor pardon; upon this Expectation he will not make Use of this Power, but in such Cases wherein the Necessity of the Time and Occasion will not permit him to give an Account and receive Directions from the King and Parliament.

"This Power is less than hath been given to all other former Governors of that Kingdom, and Generals of all Armies, without which they cannot possibly do the Service they (fn. 1) are expected.

"In the Preamble to the Queen's Declaration:

"Linea 3^a, After the Word ["for"], put in the Words ["preventing and"].

"5. Instead of the Word ["did"], put in the Words ["had or would"].

"In the Paper concerning the Fast:

"The Preamble concerning the Bishops is to be omitted.

The Fast.

"To have a Conference with the House of Commons; and to let them know, That this House thinks it fit, that the Fast be on Wednesday next, for both Houses of Parliament and London; and Thursday next for the City of Westm. and Thursday come Month the Fast for the whole Kingdom.

Collection in this House.

"The Collection in the Lords House to be on Tuesday next.

Contribution throughout the Kingdom.

"The Committees to consider of a Bill to pass, touching the Contribution through the whole Kingdom, and into what Hands to put the Collection."

Declaration about Religion.

This Report being made, the House was adjourned into a Committee during Pleasure, to debate whether the Declaration against Toleration of the Popish Religion in Ireland and England should go as it is reported, or a Clause to be added that no Religion may be tolerated but what is established by the Laws of this Kingdom.

Declaration to be drawn up, that no Religion shall be tolerated but what is established by Law.

The House being resumed, it is Ordered, That this House approves and confirms the Report, with the Amendments and Alterations; and that the Clause against Toleration of Popish Religion shall go singly as it is; and that the Amendments and Alterations be communicated to the House of Commons; and it was further Ordered, That the Earl of Bristoll do draw a Declaration to this Effect: That no Religion shall be tolerated in His Majesty's Dominions of England and Ireland, but what is or shall be established by Laws of this Kingdom; and his Lordship is to present the same to the Committee for Religion, who are to meet on Tuesday next, at such Time and Place as the House shall appoint on Monday.

Message to the H. C. for a Conference about Papers from thence concerning Ireland.

A Message was sent to the House of Commons, by Mr. Attorney General and Serjeant Glanvile:

To desire a Conference, by a Committee of both Houses, touching the Papers lately brought from the House of Commons, touching Ireland.

The Answer hereunto returned was:

Answer.

That the House of Commons will give a present Meeting, as is desired, in the Painted Chamber.

The Lord Wharton was appointed to speak at this Conference.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Wharton reported, "That he had delivered at the Conference the Amendments and Alterations in the Papers concerning Ireland, as he was commanded."

A Message was brought from the House of Commons, by Sir Arthur Haslerigg:

Message from the H. C. concerning the Fast.

To let their Lordships know, that the House of Commons do fully agree to the Three Days appointed for the Fast; to which this House likewise (fn. 3) agreed, and appointed the Lord Steward and the Lord Chamberlain to present the humble Desires of both Houses to the King, for keeping the Fast those Three Days accordingly.

Sermons appointed for the Fast.

Then this House appointed the Lord Archbishop of Yorke to preach the Fast Sermon in the Abbey, before the Lords, in the Morning, and the Lord Primate of Armagh to preach in the Afternoon.

Propositions of the Scots about Ireland.

Next, this House took into Consideration the Six Propositions of the Scotts Commissioners, concerning sending Soldiers out of Scotland into Ireland.

The First Proposition was read, and likewise the Resolution which the House of Commons hath given unto it; and, after much Debate hereof, the Earl of Bristoll and the Lord Viscount Say & Seale were appointed by this House, to draw up the Sense of the House upon this Debate, and to present the same to the House To-morrow Morning, at which Time a Conference is to be had with the House of Commons about it.

Ordered, That the rest of the said Propositions shall be debated To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 18^m diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.