House of Lords Journal Volume 4: 23 December 1641

DIE Jovis, videlicet, 23 die Decembris.

PRAYERS.

Sir Francis Popham's Bill.

Ordered, That the Committee for Sir Francis Popham's Bill shall meet on Wednesday come Fortnight, and shall have Power to adjourn from Time to Time, as they shall see Cause.

Morgan and Rookes.

Next, Counsel on both Sides were heard, in the Cause between Turbervile Morgan and George Rookes; but, because that Morgan could not make Proof that Rookes was served with the Order of the 27th of July, and so there could be no Disobedience therein, the House Ordered, That the said George is dismissed from any further Attendance upon this House concerning the Contempt, and that Turbervile Morgan be remitted to the Sheriff, and remain as he is upon the Execution.

Cobb and Baker in Error.

This Day the Lord Chief Justice of the King's Bench brought in a Writ of Error of a Judgement given in that Court, in the Cause between Cobbs and Baker; and having laid it on the Lord Keeper's Wool-sack, the Clerk of the Parliament brought it to his Table; and the Transcript being examined, the Original Record was returned into the King's Bench.

10,000 Scots for Ireland.

The Lord Lieutenant of Ireland reported, "That the Lords Commissioners had acquainted the Scotts Commissioners with their Lordships Resolutions, concerning sending Ten Thousand Scotts into Ireland; and the Scotts Commissioners desire an Answer this Night, to their Proposition of the 20th of this Instant December, concerning the Five and Twenty Hundred Men."

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

Message from the H. C. for a Conference, about the Treaty with the Scots Commissioners.

To desire a Conference, by a Committee of both Houses, as soon as it may stand with their Lordships Conveniency, touching the Treaty with the Scotts Commissioners.

The Answer returned was:

Answer.

That their Lordships will give a present Meeting, 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.

And then the Lord Keeper reported, "That the House of Commons have brought up to their Lordships a Proposition of the Scotts, dated 20 December 1641, concerning the Five and Twenty Hundred Men; and also had presented to their Lordships Consideration the Resolution of the House of Commons thereupon, which they desire their Lordships to join with them (fn. 1) in."

Scots Proposition about 2500 men,

The Scotts Proposition being read of the 20th of December, the Resolution of the House of Commons was also read, That they do undertake to pay the Five and Twenty Hundred Men already entertained in Scotland, from the 8th of this Instant December to the End of the Treaty, according to the Pay allotted them in Scotland.

and their Pay.

This House taking the same into Consideration, Ordered, That this House agrees that the House of Commons shall pay the Two Thousand and Five Hundred Scotts, as they have resolved; and that this House expects that the Commissioners for Scotland shall bring in all their Propositions on Monday next, touching the Ten Thousand Scotts to be sent into Ireland out of Scotland.

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

Message from the H. C. that some of their Members may examine O'Neale in The Gate house,

That the House of Commons did inform their Lordships, that they conceive some Cause to examine Daniel Oneale further as a Delinquent, but not upon Oath; and seeing he is their Lordships Prisoner, committed to The Gate-house; from an Accusation of High Treason, the House of Commons desire that their Lordships would please to give Way that some Members of the House of Commons may examine him.

The other Part of this Message was:

and that this House would sit a while.

That the House of Commons desire their Lordships would be pleased to sit a while; and the House of Commons will come up to their Lordships with some Business concerning the Safety of the City of London.

The Answer hereunto returned was:

Answer.

That their Lordships do give Way that some Members of the House of Commons may ask Mr. Oneale any Questions as they shall think fit; and that this House will sit a convenient Time, as they desire.

A Message was brought from the House of Commons, by Sir Ralph Hopton, Knight:

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

To desire a Conference, by a Committee of both Houses, at such Time as their Lordships shall please to appoint, touching the Safety of the City and Kingdom.

The Answer returned was:

Answer.

That their Lordships will give a Meeting presently, as is desired.

The House was adjourned during Pleasure, and the Lords went to the Conference; the House being resumed, the Lord Keeper reported the Effect of the Conference:

Conference reported.

"That the House of Commons represented to their Lordships, that they had received Information, That Sir William Balfor, Knight, Lieutenant of The Tower of London, approved for his Fidelity, is put out of his Place, and one Colonel Lunsford put into his Place, concerning whom the House of Commons have received a Petition, which they desire their Lordships to consider of, and accordingly it was read, in hæc verba: videlicet,

"To the Honourable the Knights, Citizens, and Burgesses of the Commons House of Parliament.

"The humble Petition of divers Common-councilMen, and others, of the City of London.

"Sheweth,

Petition of Londoners against Lunsford, Lieutenant of The Tower.

"That whereas The Tower of London was originally ordained for the Defence of this City, and to be the chief Magazine of the Kingdom, and that the whole State is deeply interested in the safe Custody thereof, but more especially the said City, which lately hath been put into Fears of some dangerous Design from that Citadel, whereupon it pleased this High Court to mediate with His Majesty for removing of those Fears.

"And whereas the Petitioners are informed that Sir William Belfore, a Person of Honour and Trust, is displaced from the Office of Lieutenant, and the same Place bestowed upon a Man outlawed, and most notorious for Outrages (Colonel Lunsford), and therefore fit for any dangerous Attempt:

"The Petitioners, and many more who have Intelligence thereof, are thereby put into such a Height of Fear and Jealousy, as makes them restless till they have discharged their Duty in representing the same to this Honourable House.

"May it therefore please this Honourable Assembly to take the Premises into such Consideration as may secure both the City and Kingdom against the Mischief which may happen, as to your great Wisdom shall be found most meet.

"Randall Mainwaringe,
Maximilian Boord,
Edward Gittinge,
Jo. Pococke,
Sam. Warner,
George Thompson,
Stephen Estwicke,
Ric. Price.
Ric. Turner, &c."

"The House of Commons do further say, that the said Colonel Lunsfored is an unfit Person to be Lieutenant of The Tower; for

Exceptions to Lunsford by the House of Commons.

"1. They (fn. 2) say, he is a Man of a decayed and desperate Fortune, and so may be tempted to undertake any ill Design; and they conceive it will be very prejudicial to the King and Kingdom for him to be in that Place in this Time of Fears and Jealousies, especially to the Mint, in this Time of great Occasions to use Monies; for it will discourage Merchants and Strangers from bringing in their Bullion into the Mint.

"2. The House of Commons say, that Colonel Lunsforde is a Man of a desperate Condition, he having been formerly censured in the Star-chamber for lying in Wait and besetting Sir Thomas Pelham, Knight, as he came in his Coach upon a Sunday from Church, and did discharge Two Pistols into the Coach.

"Also being challenged into the Field by one Captain Buller, upon some Injury offered unto him by the said Colonel Lundsford, Colonel Lunsford refused to answer him; but sent him Word he would cut his Throat, and would meet him with a Pistol, and put out his other Eye.

"3. The House of Commons say, (fn. 2) that they are informed that Colonel Lunsford is not right in his Religion; for they understand that, when he was a Commander in the North in the King's Army, he did not (fn. 3) go to Church, though he was desired.

Commons request that the Lords will join them in a Petition for removing Lunsford, and appointing Sir J. Conyers in his Place.

"The House of Commons conceiving this Business concerns the Safety of the King, City, and Kingdom, they desire their Lordships would be pleased to join with the House of Commons, to remonstrate these Things to the King; and to desire Him that a Place of such Importance may not be put into the Hands of such a Man as Colonel Lunsford; but that, if His Majesty think Cause that there should be a Lieutenant of The Tower (being under the Command of such an Honourable Person as the Earl of Newport, who is Constable thereof by His Majesty's Appointment), that Sir John Conyers may be recommended to His Majesty for that Place."

Not agreed to by the Lords.

After a long Debate of this Conference, the Question was put, Whether this House shall join with the House of Commons in the whole Matter of this Conference. And it was Resolved negatively.

L. Mountnorris's Cause.

Ordered, That the Cause of the Lord Mountnorris, upon a Transmission sent up from the House of Commons, shall be proceeded in on the next Thursday after Twelfth-day; and that Sir Phillip Manwaringe, Knight, shall put in his Answer unto the said Transmission upon the Thirteenth of January, which being omitted, shall be taken for a Neglect and Contempt done unto this House; and lastly, that the said Lord Mountnorris shall have a Warrant to bring in such Witnesses in this Cause at the said Hearing, whose Names shall be returned unto the Clerk of the Parliaments.

Edm. Fisher bailed.

Upon the reading of the Petition of Edmond Fisher, Esquire, this Day in the House, and a Consideration of this Cause by the Lords in Parliament; it is Ordered, That the said Edmond Fisher shall enter into a Recognizance of Two Hundred Pounds unto His Majesty, before Sir Robert Rich, One of the Masters of the Chancery, to appear on this Day Three Weeks, being the Thirteenth of January next, before the Lords in Parliament, upon which Day the said Cause is to be heard at the Bar; and the said Fisher to give his Attendance upon this House until the Pleasure of (fn. 4) this House be further known, and in the mean Time to be freed from the Custody of the Gentleman Usher.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 24^m diem instantis Decembris, hora 1^a post meridiem, Dominis sic decernentibus.