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 Sabbati, videlicet, 15 die Januarii.
Lords who come after Prayers to pay to the Poor's Box.
Lighter-men, &c. not to work on the Sabbath.
Mr. Justice Crawley and
Mr. Justice Mallett,
Ds. de Grey.
Ds. St. Johns.
A Message was brought from the House of Commons, by the (fn. 1) Lord Faulkland:
Message from the H. C. to move the King for a Supply of Munition, &c. for Ireland.
To desire their Lordships to join with the House of Commons, to move His Majesty to grant a Warrant to the Master of the Ordnance, for delivering of a Thousand Muskets, Fifteen Hundred Swords, Ten Last of Powder, with a proportionable Quantity of Match and Bullet, Eighteen Partisans, Eight and Thirty Drums, Eight and Thirty Halberts, out of the Store at The Tower, for the Provision of Ulster; and likewise their Lordships would join to move His Majesty, that the Arms and the whole Magazine at Carlile may be transported into Ireland, for the Security of that Kingdom; and be received by Indenture by such as shall be appointed to that Service.
And for the Royal Assent to the Bill for adjourning the Parliament to another Place.
Money and Ships wanted, to transport Munition, &c. to Ireland.
The Earl of Newport signified to this House, "That he hath already received Warrants from the King, to transport the aforesaid Arms and Ammunition for Ulster; only he wants Money and Shipping to convey them."
Answer to the H. C.
Message from the H. C. for a Conference about the Lieutenant of The Tower.
Tumult at Kingston.
2. To desire their Lordships would appoint a select Committee, to take the Examinations of such Witnesses as shall be produced by a Committee of the House of Commons, touching the late Tumults and unlawful Assemblies at Kingston-upon-Thames.
Committee for taking Examinations in this Business.
Answer to the H. C.
Absent Lords excused.
Conference about the Lieutenant of The Tower reported.
"That the House of Commons conceive The Tower of London to be a Place of that great Importance, that they do renew a former Motion, that their Lordships would join with them, humbly to petition the King, that the Lieutenant now in may be removed, and such a Person put in (fn. 2) as the King, Parliament, and the City may confide in.
Sir John Byron not confided in,
"The Parliament confides not in Sir John Byron, because he hath been disobedient, and hath refused to come upon the Summons of both Houses of Parliament; not that they speak this as desiring it may be a Cause of Punishment upon him, but as a Ground of Distrust.
and therefore no Coining there.
"The City says, though the Lieutenant may be a worthy Gentleman otherwise, yet he is a Man unknown to them, which already causes ill Effects; for Merchants begin to take away their Bullion out of the Mint, and write Letters to their Factors to send no more; and at this present there is a Ship come laden very rich with Bullion, but the Owners do forbear to bring it into the Mint, because they cannot confide in the Lieutenant of The Tower.
Sir J. Conyers to be recommended for the Lieutenancy of The Tower.
"This concerns the City and Trade exceedingly, for it is a Charge to the City to maintain a Guard about The Tower; therefore the House of Commons desires their Lordships to join with them, in an humble Petition to His Majesty, that Sir John Byron, now Lieutenant of The Tower, may be removed, and that Sir John Conyers may be recommended to His Majesty for that Place."
Merchants of Bullion, &c. to attend about this.
Before the House would give any Resolution herein; Ordered, That the Common Council of the City of London, the Merchants that have Estates in Bullion, the Minters, and all others, shall be enquired of, whether (fn. 3) there by a Stay of the Mint, or a Forbearance of bringing in of Bullion into The Tower of London; and, if there be, whether it proceeds in respect of Sir John Byron's being Lieutenant of the said Tower; and hereof speedy Certificate is to be made to the Lords in Parliament.
Message from the H. C. for a Conference about some Propositions from the Scottish Commissioners for Ireland.
And it was Resolved upon the Question, That this (fn. 3) House will go to this Conference presently.
Message to the King for the Royal Assent to the Bill for the Adjournment of the Parliament;
and for Munition, &c. for Ulster.
Ordered, That the Lord Duke of Richmond do move the King, from both Houses, that He will be pleased to appoint a Time when He will give His Royal Assent to the Bill concerning the Adjournment of the Parliament to another Place; and likewise that His Majesty will give Warrant to the Earl of Newport, Master of the Ordinance, for issuing out and transporting of Arms and Ammunition for the Province of Ulster, according to the Desire of the House of Commons this Day.
Message from the H. C. with an Act for Relief of Ireland;
"1. He was commanded by the House of Commons to present to their Lordships a Bill, which passed them, intituled, An Act for a speedy Contribution and Loan, towards the Relief of His Majesty's distressed Subjects of the Kingdom of Ireland.
concerning 50,000 l. borrowed for Ireland;
"2. The House of Commons desires their Lordships to join with them in an Ordinance of Parliament, concerning the securing of Fifty Thousand Pounds, borrowed of the Merchants Adventurers, for the Affairs of Ireland.
To move the King to empower Sir J. Hotham to secure Hull.
"3. That the King might be moved to concur with both Houses, in the Order, made concerning the giving Power to Sir John Hotham, for securing the Town of Hull and the Magazine there, for His Majesty's Service.
And for the Lords to fit, P. M.
Message to the H. C. for deferring the Propositions of the Scots Commissioners.
Ordinance for the Merchant Adventurers Loan of 50,000 l.
"The Lords and Commons, in this present Parliament assembled, having a due Regard to the good Affections of the Governor, Assistants, and Fellowship of Merchant Adventurers of England, expressed in the present advancing and lending of Thirty Thousand Pounds of lawful Money, and Forwardness to advance and lend the further Sum of Twenty Thousand Pounds more of like Money (if their Affairs will admit the same), for the Service of this Commonwealth, in the Supply of the present Affairs in Ireland, which the said Lords and Commons do take in very good Part; and being resolved to make a full and just Satisfaction for the same; do hereby declare, That the said Sum of Thirty Thousand Pounds, and such Sum and Sums as they shall further advance and lend as aforesaid, shall be fully satisfied and paid unto the said Company of Merchants Adventurers, into the Hands of their Treasurer for the Time being, with Interest after the Rate of Eight Pounds per Centum for a Year, out of such Monies as shall be next raised by Authority of Parliament."
Message to the H. C. that the Lords agree to the Ordinance; and about securing Hull.
To let them know, that this House agrees with the House of Commons in the Ordinance of Parliament for the Security of the Fifty Thousand Pounds borrowed of the Merchant Adventurers; and that this House will give Order that the King be moved concerning the Order made touching the securing of the Magazine and Town of Hull.
Commission to pass the Bill for Mariners, and the Bill against Pirates.
Then the Lord Keeper, the Lord Great Chamberlain, and the Earl of Cumberland, Three of the Commissioners, being set upon a Form set across this House, between the Chair of State and the Lord Keeper's Wool-sack, the Gentleman of the Black Rod was commanded to go for the House of Commons, who being come with their Speaker, the Lord Keeper acquainted the Lords and Commons, "That His Majesty, having such Occasions as He could not come to this House, and give His Royal Assent to these Two Bills in Person, hath given a Commission, under the Great Seal of England," the Contents whereof was read openly; which being done, the Clerk of the Crown was commanded to read the Titles of the Bills severally, in hæc verba: videlicet,
After this, the Lord Keeper (fn. 4) reported the Conference Yesterday, to this Effect:
Conference concerning the Tumults about Kingston and Windsor reported.
"That the House of Commons have received Information concerning divers Forces, of Horses and armed Men, in a Warlike (fn. 4) Manner, which have been seen at Kingston, and afterwards at Windsor, and now gone towards Farneham; and that Yesterday above One Hundred Men were met, going from London towards Windsor, armed with Pistols; and Waggons were going towards Windsor, laden with Ammunition. The House of Commons say, This causeth much Wonder at this Time, all at Peace, and a Parliament sitting, that such Forces should be levied: Therefore they desire that it may be declared by both Houses, whosoever shall raise Forces at this Time, without Consent in Parliament, may be esteemed Enemies and Disturbers of the Peace of the Kingdom; and that both Houses will take Care to suppress them. And likewise the House of Commons desires, that a Message be sent to the King to this Purpose, and to acquaint His Majesty, That both Houses of Parliament will be very careful of the public Peace; and that they hold it against the Law, any such Forces should be so levied. And further the House of Commons acquainted their Lordships, That the Lord Digby hath been with the Soldiers at Kingston, and given them Thanks in the King's Name, and told them that His Majesty came out of London to keep them from being trampled in the Dirt: Therefore they desire that the Lord George Digby may be summoned to attend this House forthwith."
Order to summon L. Digby to attend the House.
Answer from the H. C.
Act for Relief of Ireland.
Conference about the Propositions of the Scots Commissioners reported.
Then this House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons, appointed this Morning; which being ended, the House was resumed; and the Lord Keeper reported the Effect of the Conference: "That the English Commissioners having received several Propositions from the Scotts Commissioners, dated the 27th December last, touching the sending of Men out of Scotland into Ireland, the House of Commons have considered of them, and have given these Answers following to them, which they offer (fn. 5) to their Lordships Wisdom and Consideration: videlicet,
Resolutions of the H. C. upon them.
"This House holds it fit likewise to accept of the Public Faith of the Kingdom of Scotland for the Redelivery of the said Castle and Towns; and that the Kingdom of England shall give Public Faith for the Payment of all Dues that shall arise upon this present Service.
"That, for the Provision of Victuals for the Scotts Army, Money shall be advanced out of their Pay, to enable them to make that Provision, which they may make out of any Parts of England and Wales to their best Advantages; and that, to transport it, they shall have the same Assistance for providing of Shipping from the State, that the English Army hath; and that His Majesty shall be moved to grant His Licence for the Transportation thereof Custom free (Caution being given that, under Colour of such Provisions, Victuals be not carried to the Rebels). And, if this Proposition be not accepted, then the like Provision shall be made for them as shall be made for the English Army. The rest of the Article is assented to.
"That this House holds it fit to assent to the Scotts Third Proposition; and that Power shall be given to the General there, to raise Horses for the Service expressed in the Article, at the public Charge of that Kingdom, as they shall have Occasion to use them.
"That this (fn. 5) House holds it fit to assent unto the Scotts Fourth Proposition.
"That the Scotts shall go in the Way and Order of an Army, under their own General and Subaltern Officers, which General shall have the same Pay that the Scotts allowed when they employed one themselves; and that they shall have the Province of Ulster appointed, wherein they shall first prosecute the War. And to that Part of the Article concerning Power to give Conditions to Towns, Castles, etc. as shall be most expedient for the Service, it is assented to, but not to grant any Toleration for the Popish Religion. To be treated on again that their whole Army should be commanded out of their Circle by the Lord Lieutenant of Ireland, if he shall think fit, before the Rebellion be totally suppressed in Ulster; as also that a Third Part of their Army may be drawn away upon Occasion.
"That the Scotts shall be entertained and paid for Three Months, and that they shall have a Month's Pay advanced before-hand, and shall be afterwards paid as the English Army is. And it is Resolved, That this shall be the Answer to the First Part of the Sixth Article; and to the rest of this Article, this House doth assent unto.
Message from the H. C. for a Conference about the King's late Message to both Houses.
Ld. Kymbolton, &c. impeached.
"That their Lordships having communicated certain Papers to them, containing divers Messages, concerning the Impeachment of Five Members of the House of Commons, and having taken it into serious Consideration, have Resolved, upon the Question, That the Impeachment made by Mr. Attorney in this House, against the Five Members of the House of Commons, and the Proceedings thereupon, is a high Breach of the Privilege of Parliament.
How to be vindicated.
"The House of Commons thinks it fit to acquaint their Lordships with this Vote; and that they have Ordered a Committee shall be named, to consider in what Manner this Breach of Privilege may be vindicated. And the House of Commons desire that, in regard the Lords are concerned in this Business as well as the House of Commons, their Lordships would do the like; and that the Committees of both Houses may meet, to consider of this Breach of Privileges and the King's Messages.
"They further desire their Lordships to join with them in an humble Petition to His Majesty, that those that did inform His Majesty against the Members mentioned in the Messages from His Majesty may come in between this (fn. 6) and next Thursday, to charge them; or else that they may be freed in such a Way as the Parliament shall think fit."
That Impeachment a Breach of Privilege.
That the Impeachment made by Mr. Attorney, in the House of Peers, against the Lord Kymbolton, and the Five Members of the House of Commons, and the Proceedings thereupon, is a High Breach of the Privileges of Parliament.
And these Lords following were appointed Committees, to meet with a proportionable Number of the House of Commons, to consider in what Manner this Breach of Privilege may be vindicated, by Mr. Attorney's Impeachment of the Lord Kymbolton, and the Five Members of the House of Commons, and the Proceedings thereupon; and likewise to consider of and prepare a Draught of a Petition, to be presented to His Majesty, etc.
Message to the H. C. for a Conference about the Breach of Privilege in this Matter.
To let them know, that this House hath appointed a Committee of One and Twenty Lords, to meet with a proportionable Number of the House of Commons, on Monday next, to consider of vindicating the Breach of the Privileges of Parliament, etc.