Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 3 die Januarii.
Message from the King about Ld. Kymbolton, and Five Members of the H. C.
The Lord Keeper signified to this House, "That he was commanded by the King, to let their Lordships know, That His Majesty hath given Mr. Attorney General Command to acquaint their Lordships with some Particulars from Him:" Hereupon Mr. Attorney, standing at the Clerk's Table, said "That the King had commanded him to tell their Lordships, that divers great and treasonable Designs and Practices against Him and the State have come to His Majesty's Knowledge, for which the King hath given him Command, in His Name, to accuse, and did accuse, Six Persons of High Treason, and other high Misdemeanors, by Delivery of the Articles in Writing which he had in his Hand, which he received from His Majesty, and was commanded to desire your Lordships to have it read, in which Articles the Persons Names, and the Heads of the Treason, were contained:" Which Articles were commanded to be read, in bæc verba:
Articles of High Treason exhibited against them by the Attorney General.
"1. That they have traiterously endeavoured to subvert the fundamental Laws and Government of the Kingdom of England, to deprive the King of His Regal Power, and to place in Subjects an arbitrary and tyrannical Power over the Lives, Liberties, and Estates of His Majesty's Liege People.
"6. That, for the compleating of their traiterous Designs, they have endeavoured (as far as in them lay) by Force and Terror to compel the Parliament to join with them in their traiterous Designs, and to that End have actually raised and countenanced Tumults against the King and Parliament.
"1. That a select Committee of Lords may be appointed, to take the Examinations of such Witnesses as the King will produce in this Business, as formerly hath been done in Cases of the like Nature, according to the Justice of this House; and this Committee to be under a Command of Secrecy, as formerly.
Ld. Kymbolton desires he may answer them.
Hereupon the Lord Kymbolton, being present in the House, offered himself to obey, with a great deal of Chearfulness, whatsoever it should please this House to impose upon him; and what Course their Lordships should please to take with him, he would submit thereunto. And his Lordship desired, as he had a public Charge, so he might have a public Clearing.
The House takes it into Consideration.
Ordered, That this Business shall be taken into Consideration by a Committee of the whole House, and to consider whether this Accusation of Mr. Attorney General, of the Lord Kymbolton and others, of High Treason and high Misdemeanors, be a regular Proceeding, according to Law; and whether there were any such Proceedings ever before in this Case; and whether an Accusation of Treason may be brought into this House by the King's Attorney against a Peer in Parliament; and whether any Person ought to be committed to Custody upon a general Accusation from the King or the House of Commons, before it be reduced into Particulars.
Committee for this Business.
Message from the H. C. for the Oaths of Supremacy and Allegiance to be taken by the King's and Queen's Servants.
To desire their Lordships, that whereas, upon the Request of the House of Commons, their Lordships have agreed with the House of Commons, that the Servants belonging to the King, Queen, Prince, or to any of the King's Children, shall, according to the Law, take the Oaths of Supremacy and Allegiance, the House of Commons desires that the Lord Keeper may be Ordered to issue forth Writs for that Purpose, to Persons of Honour, to see it done accordingly.
College of Capuchins at Somerset House.
Answer to the H. C.
2. That this House hath already agreed with the House of Commons, that the Convent and College of Capuchins at Somersett (fn. 1) House shall be dissolved; and, to that Purpose, this House will send to the King, to move His Majesty herein.
Upon this, the Lord Steward and the Lord Chamberlain were appointed to attend the King, and move Him from both Houses of Parliament, That His Majesty will be pleased that the College of Capuchins at Somersett House may be dissolved.
Counsel assigned the Bishops.
After this, a Petition of the Twelve Bishops that are impeached by the House [ (fn. 1) of Commons] of High Treason, was read, desiring that they may have Counsel assigned them by this House, to advise them in their Defence; and in particular they desired these Counsellors following; videlicet,
Mr. Lane, the Prince's Attorney.
Sir Tho. Gardiner, Recorder of the City of London.
Mr. Hales, and
Committee for Gun-powder.
Ordered, That the Committee for Gunpowder and the Salter Pits shall meet on Wednesday in the Afternoon, at Three of the Clock, at which Time the Salt-petre Men and the Officers of the Ordnance shall have Notice to attend the Lords Committees.
Any Lord Liberty to visit the Bishops in The Tower.
Supply of Arms.
Message from the H. C. to sit a while.
English Commissioners to treat with the Scots about their Propositions concerning Ireland.
In regard of the many Occasions at this present, this House cannot take the Propositions brought last from the Scotts Commissioners, concerning Ireland, into so speedy a Consideration as the Necessity of that Kingdom requires; it is Ordered, That the Lords Commissioners do treat with the Scotts Commissioners about the said Propositions, and bring them to such low Terms and Conditions as they think fit for this House to grant, and to report the same to this House.
Message from the H. C. for a Conference about Breach of Privilege.
For removing the King's Guard at Whitehall, and about searching the Studies, &c. of some Members for Papers.
"That the House of Commons apprehend the Parliament to be the Great Council and the Representative Body of the Kingdom; and both Houses are but as One Body of the Realm: The Privileges are as the Walls and Sinews of the Parliament; which being cut, Destruction will speedily follow.
"That both Houses have lately taken a Protestation for the Maintenance of their Privileges, Persons, and Goods; a High Breach whereof is at this instant; for divers Members of the House of Commons have their Persons assaulted, and laid in Wait for; their Chambers, Studies, and Trunks, have been ransacked and sealed up; as Mr. Hollis, Mr. Pym, and Mr. Hampden. Besides, the House of Commons understand that there are Guards of Soldiers set near the Parliament House, as at Whitehall; which being done without Consent of the Parliament, they hold it to be a Breach of the Privileges of Parliament: The House of Commons therefore desires their Lordships would join with them in an humble Desire to His Majesty, that the Guards at Whitehall may be removed, and that the Parliament may have such a Guard as shall be approved of by the King and both Houses of Parliament: And also the House of Commons desires their Lordships to join with them to vindicate the Breaches of the Privileges of Parliament; and, if a Guard cannot be obtained, then they desire their Lordships to take into Consideration to adjourn to another Place, where they may sit in Security."
Order for the Members of the H. C. to have their Studies, etc. free.
Ordered, That all Chambers, Studies, and Trunks, that are sealed up, or locked, belonging to Mr. Hollis, Mr. Pym, Mr. Hampden, or to any Members of Parliament, shall be forthwith unsealed and unlocked, and left to their free Use and Disposure.
Both Houses to Petition for a Guard for the Parliament.
And it was likewise Ordered, that this House will join with the House of Commons in an humble Petition to His Majesty, to desire such a Guard as Himself and both Houses of Parliament shall approve of; and the same to continue so long as the King and both Houses of Parliament shall think fit.
Message to the H. C. for a further Conference concerning Privilege, &c.
Message from the H. C. that they agree with the Lords about the Guards.
Two Lords to acquaint the King with it.
Hereupon the Lord Steward and the Lord Chamberlain were appointed to attend the King, as from both Houses of Parliament, with the aforesaid Order concerning Guards, and humbly to desire his Answer therein.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum (fn. 1) continuandum esse usque in diem Martis, videlicet, 4m diem instantis Januarii, hora 1a post meridiem, Dominis sic decernentibus.