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, videlicet, 17 die Januarii.
Nettervill staid in Chester.
Upon Information given this Day by the Lord Admiral, "That he hath received a Letter from the Mayor of the City of Chester, that he hath staid one Mr. Nettervill, Son to the Lord Nettevill, who is in actual Rebellion in the Kingdom of Ireland, and the (fn. 1) said Mr. Nettevill being a suspicious Man that he will go to the Rebels, and he endeavouring to ship himself for Ireland, the Mayor of Chester caused him to be kept in safe Custody, until he might receive Directions from the Parliament:" It is hereupon Ordered, That the said Mr. Thomas Nettervill shall be forthwith safely brought up unto the Lords in Parliament, by the Sheriff of the County of the City of Chester; and the Lord Admiral is desired to write the Mayor Thanks from this House, for his Care in staying Mr. Nettervill.
Paper concerning Ld. Inchequin.
Message to the H. C. that the Bishops are to put in their Answer Today.
To let them know, that this is the Day appointed for the Twelve Bishops that are impeached by the House of Commons of High Treason to put in their Answers, and accordingly they are come; and that such of the Members of the House of Commons may be present as they shall think fit, as Committees, to hear the said Answers of the Bishops.
The King's Message about
the Adjournment of the Parliament.
"1. Concerning His Majesty's Royal Assent to be given to the Bill for the adjourning of the Parliament from Westm. to London, or any other Place, His Majesty faith, He will take further Time to consider of it.
Arms, &c. for Ulster,
for securing Hull,
and for replenishing His Stores here with Arms and Powder.
Then the Lord Keeper signified, "That the King had commanded him to deliver this Message to both Houses of Parliament: To let them know that there hath been much Powder, Arms, and Ammunition, issued out of His Stores, for the Supply of the Occasions of Ireland; and His Majesty hopes that both Houses will take a Care the Stores be replenished, for the Security and Defence of this Kingdom."
Committee for Gun-powder.
Message to the H. C. to acquaint them with the King's Message and Answer.
Message from H. C. to remove the Arms, &c. from Vauxhall into the City.
"To acquaint their Lordships with the Ordnance, Arms, and Ammunition, that is at Faukes-hall; and to desire that this House would join with them, for the removing of them forthwith from thence to the City of London, to be there securely kept, in regard of the Danger of these Times, and the Weakness of that Place, and the Situation of it so near the Houses of Parliament, and the Conveniency of the Water; and that they understand the greatest Part of the Ordnance belongs to the Lord Herbert, who is willing they should be removed, and disposed of as the Parliament shall think fit; and that the Marquis Hambleton is willing to have those Ordnance of his there removed: Also they desire that the Arms, and other Provision, at Lambeth-house, and those Arms at the Archbishop of Yorke's House in Westm. and the Arms at the Bishop of Winton's House, may be removed to London, and kept there in safe Custody.
Order about evil Counsellors.
"To all such Persons as have given any Counsel, or endeavoured to set or maintain Division or Dislike, between the King and Parliament, or have listed their Names, or otherwise entered into any Combination or Agreement, to be aiding or assisting to any such Counsel, or endeavoured to have persuaded any other so to do, or that shall do any the Things above-mentioned, and shall not forthwith discover the same to either House of Parliament, or the Speaker of either of the said Houses respectively, and disclaim it, are declared public Enemies to the State and Peace of the Kingdom, and shall be enquired of and proceeded against accordingly.
Order and Declaration about the Guards and the Defence of the King, Parliament, and Kingdom.
"Forasmuch as the Necessity of providing Monies, and other Supplies, for the present Relief of Ireland, and for Defence of this Kingdom, requireth the speedy Care and Consideration of both Houses of Parliament; and for that (fn. 2) it appears by many wicked Designs and Practices that have been lately discovered, that the said Houses cannot sit in Safety, without strong and sufficient Guards from the City of London and Parts adjacent; it is therefore Ordered and Declared, by the Lords and Commons in Parliament assembled, That there be necessary and sufficient Guards raised, out of the City and Parts adjacent, and the same to be in Order for the Defence and Safety of the King, Parliament, and Kingdom; and it is Declared by the said Lords and Commons, That, for the providing of Guards, and other necessary Defence, for the Purpose aforesaid, as well the Sheriffs of the City of London and Midd. as of all other Counties of this Realm, may and ought by Law to raise the Posse Comitatus; and, in Case they fail of their Duties herein, which they are accountable for to God, the King, and Parliament, then every good Subject may and ought, in their Duties to God, their King and Country, by their solemn Oath of their late Protestation, to maintain and defend, to the uttermost of their Power, the Person of His Majesty, and of every Member of each House of Parliament, being the Persons whom they have intrusted with their Lives, Liberties, and Fortunes, from all Force and Violence whatsoever.
"And the said Lords and Commons do further declare, That the Sheriffs of London and Midd. as well within the City as without, and that for the Safety of the King, Kingdom, and Parliament, which is now in imminent and apparent Danger (the Commission of the Lord Mayor being but a Commission of Lieutenancy and illegal), the Lord Mayor, Aldermen, and Common Council, or the greater Number of them, ought to make use of the Trained-bands, or any other Forces of the City, for the preserving of the Peace of the Kingdom, Person of His Majesty, and all the Members of Parliament, from Violence and Dangers, both within their Limits and without; and that, there being yet no Declaratory Law for the regulating of the Militia of the Kingdom, though in Agitation in Parliament, the said Lords and Commons do declare, That, in this pressing and extraordinary Occasion, the Lord Mayor, Aldermen, and Common Council of the City of London, or the greater Number of them, ought to appoint such Officers that the necessary Guards and Forces aforesaid may be governed in a due and orderly Manner; and that the Officers aforesaid may beat up the Drums, for the Safety of His Majesty, the Kingdom, and Parliament; and that the Performance of the Premises shall be taken a good and acceptable Service to both Houses of Parliament. And it is further Ordered and Declared, by the said Lords and Commons, That Captain Skippon shall be Serjeant-major General of the City Forces, until the City resolve to the contrary, and not to depart from this Service, upon any Command or Countermand, until Order be taken by Parliament; and he shall have Power, if Violence be offered, to make Defence or offend; and that all the Trained Bands both of London and Westm. and the Parts adjacent, and all the Captains and Officers of the said Bands, shall be commanded by him, and receive Order from him, from Time to Time, for beating the Drums for Service; and all Soldiers thereupon, under his Command, shall resort to their Colou s in Arms, without expecting further Order from the Lord Mayor; and that all Citizens, or others, that will mount themselves on Horse-back, shall be under the Command of the said Serjeant Major General Skippon: and that Ammunition of all Sorts be issued out of the Chamber of London, in such Proportion as he shall think fit and direct.
For Indemnity of the Committee of the Common.
Council in London.
"And it is further Ordered and Declared, by the said Lords and Commons, That whereas there is a Committee chose of the Common Council of the City of London, to treat and confer with a Committee of the House of Commons, touching the Safety of the King and Parliament, City and Kingdom, That the Persons of the said Committee of the Common Council shall not be apprehended, or otherwise restrained, without the Leave of the Commons House of Parliament first obtained, during the Time that they shall be Committees for the Business aforesaid, for any Thing done, or to be done, in Pursuance thereof.
"And that none of the said Committees of the said Common Council presume to depart out of the said City, to any Place, upon any Intimation whatsoever, without Leave first obtained from the said Committee of the Common Council, or the greater Part of them.
Actions of the Citizens justified.
"And lastly it is Declared and Ordered, by the said Lords and Commons, That all Actions of the said Citizens of London, or of any other Person whatsoever, for the Defence of the Parliament, or the Privileges thereof, or for the Preservation of the Members thereof, are according to their Duty and their Protestation, and the Laws of this Kingdom; and, if any Person shall arrest or trouble any for so doing, he is declared to be a Violator of the Liberty of the Subject, and of the Rights and Privileges of Parliament, and a public Enemy of the Commonwealth."
Arms ordered for removing from Cant. Yorke, and Winchesterhouses, and Vaux-hall.
Upon Information this Day given unto this House, by the House of Commons, That there are Ordnance, and other Munition, at Canterbury-house, the Archbishop of Yorke's House in Westm. at the Bishop of Winchester's, and at Fox-hall; it is thought fit, and so Ordered, by the Lords in Parliament, That the Earl of Newport, the Lord North, and the Lord Brooke, with a proportionable Number of the House of Commons (if that House shall think good to join them to the Committee), shall make Search in the several Houses aforesaid; and such Ordnance and other Arms as belongs to the King shall be forthwith sent to the Magazine at The Tower; and such other Arms as shall be found (a fit Proportion being left in the House where they shall be taken for the Defence of the same) shall be conveyed into some other safe and secure Place, unto the Use of such as by the Enquiry of the said Committee they do properly and of Right belong unto.
Answer to the H. C.
Answer from the H. C. about the impeached Bishops.
George Minne versus Sir Richard Young.
Whereas the House was this Day moved, on the Behalf of Sir Richard Yong (a Servant in Ordinary unto His Majesty), That (fn. 3) he might enjoy the Privilege of Parliament, and not be enforced to answer a Suit of George Minne, Esquire, now prosecuted against him; it is Ordered, etc. That the said Sir Richard Young and George Mynne, to gether with their Counsel, shall attend the Lords Committees for Privileges on Thursday the 20th of this Instant January, by Eight of the Clock in the Morning, in the Painted Chamber; at which Time some of His Majesty's Counsel are also to appear; and then their Lordships, considering of the whole Matter, will give such further Directions therein, as to their Wisdoms it shall seem meet.
Treaty with the Scots about Ireland.
"Our Treaty concerning the Irish Effairs being so efte interrupted by these emergent Distractions, give us Occasions earnestly to desire your Lordships, and these Noble Gentlemen of the House of Commons, for to present to the Honourable Houses of Parliament, that wee having taken to our Consideration the manifolde Obligations of the Kingdom of Scotland to our Native and Gracious Soveraigne, His Person and Government, confirmed and multipliede by the greate and recent Favoris bestowed be His Majesty on that Kingdome at His last being there, and settling the Troubles thairof, and considering the mutual Interest of the Kingdomes in the Weilfaire and Prosperity of others acknowledged and established in the late Treaty; and finding ourselves warranted and obliged by all Meanes to laboure to keep a right Understanding betwixt the King's Majesty and His People; to confirme that Brotherly Affection begun betwixt the Two Nations, to advance theire Unity be all suche Ways as may tend to the Glory of God, and Peace of the Church and State of bother Kingdomes; to render Thanks to the Parliament of England, for theire Assistance givine to the Kingdome of Scotland, in settling the late Troubles theireof, wherein, next to the Providence of God and the King's Majesty's Justice and Goodness, they do acknowledge themselves most beholding to the Mediacionne and Brotherly Kindnes of the Kingdome of England, and likewayes to profer our Service for removing all Jelousyes and Mistakeings, which may arise betwixt the King's Majesty and this Kingdome, and our best Indevoris for the better Establishment of the Effaires and Quiet of the same:
"We do thairefore, in Name of the Parliament and Kingdome of Scotland, acknowledge ourselves, next to the Providence of God and His Majesty's Justice and Goodnesse, most beholding to the Mediacionne and Brotherly Kindnesse of the Kingdom of England in many respects, and especially in condescending to the King's Majesty's Doune-coming to Scotland, in the Midest of their great Effaires, whereof we have tasted the sueite and comfortable Fruites, and doe heartily with the like Happines to this Kingdome; and, as we are heartily sorry to finde our Hopes thaireof deferred by the present Distractions, growing daily heir to an greater Height, and out of the Sens thaireof have takine the Boldnes to send our humble and faithful Advise to the King's most Excellent Majesty, for remedieing of the same, to the juste Satisfaction of His People; so, out of our Duty to His Majesty, and to testify our Brotherly Affectione to this Kingdom, and acquit ourselves of the Trust imposed upon us, we do most earnestly beseike the most Honourable Houses, in the Deepe of theire Wisdomes, to think tymously upon the fairest and fittest Wayes of composing all present Differences, to the Glory of God, the Good of the Church and State of both Kingdomes, and to His Majesty's Honour and Contentment; wherein if our faithful Indeavours may be any-wayes usefull, wee shall be most ready at all Occasions to contribute the same.
Ordered, That this Paper is referred to the Consideration of the Committee for the Irish Affairs; and that the English Commissioners do return the Scotts Commissioners Thanks for their kind Expressions therein; and to desire them that they would deliver in a Copy of that Paper which they presented to the King.
Message from the H. of C. about
Contribution for Ireland,
Adjournment to Grocers Hall, London.
"3. To let their Lordships know, that the House of Commons do resolve to adjourn their House till Thursday, at Eight of the Clock, and had appointed in the mean Time a Committee (whereunto all that would come shall have Voice) to sit in London, at Grocers Hall, and have given them a large Power; 1. Concerning the Safety of the Kingdom; 2. Concerning the Privileges of Parliament; 3. The Affairs of Ireland; and 4. Concerning the settling of the present Distempers; and the House of Commons desire, that, if their Lordships think so fit, that this House would appoint a like Committee, and that their Lordships would give them Power to meet, and confer with the Committee of the House of Commons.
Committees for Ireland.
Committee about Examinations.
Breach of Privilege.
"5. That the Committee that their Lordships have appointed to take Examinations upon Oath might likewise sit there; and also the Committees appointed to draw a Petition to His Majesty, concerning the Breach of Privileges, if their Lordships think fit."
The Power given to the Committee at Grocers Hall.
Ordered, That the Committee for the Irish Affairs shall meet at Grocers-Hall, on Tuesday, the 18th of this Instant January, at Nine of the Clock in the Morning; and that they shall have full Power to treat and debate concerning the Safety of this Kingdom, the Privileges of Parliament, the Affairs of Ireland, and the settling of the present Distempers, and to take into Consideration His Majesty's Message sent to both Houses; and likewise that the Committee to take Examinations upon Oath may be there; as also the Committee appointed to draw a Petition to His Majesty, concerning the Breach of Privileges; and to consider of all Means for vindicating the same. And it is further Ordered, That all the Lords may be present at the said Committees, and have Votes; and every of them shall have Power to debate amongst themselves, and with the Committees of the House of Commons, and to call all Persons whom they shall think fit before them; and likewise to adjourn from Time to Time, and from Place to Place, as they shall see Cause; and the Votes and Results of the Committee to report unto this House.
Answer to the last Message.
This being done, the Messengers were called, and had this Answer given them, That their Lordships will proceed with all Expedition to give a Dispatch to the Scotts Propositions; and likewise to the Bill for the Contribution for Ireland.
Concerning the Third Part of their Message, their Lordships have appointed the Committee for the Irish Affairs, and given them Power, to confer with the Committee of the House of Commons, about the Four Particulars, as they have desired, and have appointed the Place of Meeting to be at Grocers Hall.
Lord Chief Justice of the Common Pleas, chose Speaker.
The Lord Keeper, being not well, desired Leave to go Home, and that their Lordships would dispense with his Attendance upon this House this Day; which the House granted, and presently appointed the Lord Chief Justice of the Common Pleas to sit Speaker for this Day.
Message from the H. C. to Petition the King for removing Sir John Byron from the Tower.
"That the House of Commons having, by divers Conferences, expressed unto their Lordships the just Causes of Fears and Jealousies that are in the City, by reason of Sir John Byron's being Lieutenant of The Tower of London, which caused the House of Commons formerly to desire their Lordships to join with them to petition the King, that he might be removed from that Place, which their Lordships thought not fit to join therein; the House of Commons presented to their Lordships a Petition, delivered to them from divers Merchants and Goldsmiths of London, that have great Store of Bullion in The Tower, and have divers Ships laden with Bullion, which are lately come into the River, and, by reason of the Fears and Jealousies they have of the now Lieutenant of The Tower, they forbear to bring in their Bullion, as may appear by the Petition, which was read, in hæc verba: videlicet,
Petition of the Merchants, &c. against him.
"That many Jealousies and Fears have risen in your Petitioners, by reason of the sudden Removal of that worthy Gentleman Sir William Belfore, Lieutenant of The Tower; and that the same is now commanded by one, of whom we now have not that Satisfaction as formerly we have had.
"Your Petitioners therefore, in all Humility, tender this considerable Request to this Honourable Assembly, that there may be such Lieutenant there placed (it being a Place of so great Trust and Confidence) as shall be thought fitting by this Honourable Assembly, which undoubtedly will not only cease our Fears and Jealousies in these distractive Times, but will occasion us to continue all possible Encouragements to our Correspondents beyond the Seas, that the Importation of Bullion and Coin (of which great Quantity is newly arrived in Spain) may have its free Course, as in former Times, to the Welfare of Trade in general.
"The House of Commons, upon this, do desire that their Lordships would join with them, humbly to petition the King, that Sir John Byron, Knight, now Lieutenant of The Tower, may be removed, and Sir John Conyers recommended to His Majesty from both Houses for that Place."
The Merchants examined about their Petition.
After this, the same Merchants and Goldsmiths that exhibited the aforesaid Petition to the House of Commons presented to this House another, agreeing verbatim with it; which being read, the House fell into Debate of it; and the Merchants were called in, and asked these Questions, by the Directions of the House.
They said, " (fn. 4) They heard that he hath disobeyed the Orders of both Houses of Parliament, when he was sent for to come and attend them; also that he is a Gentleman unknown to them; and they desire to have such a Lieutenant put in as the Parliament approves of."
Vote that this House will not join in a Petition for removing Sir John Byron.
Then the Merchants withdrew; and, after much Consideration, the Question was put, "Whether this House will join in an humble Petition with the House of Commons to His Majesty, to remove Sir John Byron, Knight, from being Lieutenant of The Tower of London, and to place Sir John Conyers in that Place."
Protest against the Vote.
The Twelve Bishops Answer to the Impeachment of Treason.
First, the Archbishop of York was brought to the Bar; and, after he had kneeled as a Delinquent, he was commanded to stand up; and then the Speaker, by Direction of this House, told him, "That this Day being appointed for the Twelve Bishops to put in their several Answers to the Impeachment of High Treason brought up from the House of Commons against them, their Lordships do require him to put in his Answer thereunto."
Archbp. of York.
His Grace answered, "That he had received an Order, dated the 30th of December last, with an Impeachment against himself and Eleven other Bishops, of High Treason, from the House of Commons; and likewise he had received divers Orders of several Days that were appointed for them to put in their Answers; and the last Order for this Day, which accordingly he is come to obey their Lordships Command; and for his own Answer to the aforesaid Impeachment of High Treason, gave this Answer, in this Manner: videlicet,
"I John Archbishop of York, saving to myself all Advantages of Exceptions to the Insufficiency of the said Impeachment, for myself say, That I am not Guilty of the Treason charged by the said Impeachment, in Manner and Form as the same is therein charged."
Bp. of Durham.
Bp. of Litchfield and Coventry.
Bp. of Norwich.
Bp. of St. Asaph.
Bp. of Bath and Wells.
Bp. of Hereford.
Bp. of Ely.
Bp. of Oxford.
Bp. of Gloucester.
Bp. of Peterborough.
Bp. of Landaff.
The Twelve Bishops Petition.
"That your Petitioners, by your Honourable Order of the Date of the Impeachment, were to put in their Answers thereunto the 7th of this Instant, and have had sithence several Days for that Purpose assigned them, and are now the 17th of this Instant brought hither by your Lordships Order.
Guil. Bath & Wells.
Rob. Co. & Lich."
Day appointed for their Trial.
Hereupon it is Ordered by this House, That the Day of Trial for the Twelve Bishops, which are impeached of High Treason by the House of Commons, shall be on Tuesday the Five and Twentieth of this Instant January, at this Bar; in the mean Time the Bishop of Durham and the Bishop of Co. and Litchfeild shall be remanded to the Custody of the Gentleman Usher attending this House, and the rest Ten to be presently remanded to The Tower, there to remain until the further Pleasure of this House be known.
Message to the H. C. to acquaint them with it.
The Speaker signified, "That he had received from the Lord Keeper a Letter, written to him from the King, wherein there are Papers which are to be communicated to both Houses of Parliament, which Papers were read, in hæc verba: videlicet,
The King's Message concerning the Marquis of Hertford, and the Prince.
"Our Will and Command is, That you deliver to the Parliament, in Our Name, the Message inclosed, concerning the Marquis of Hertford's Attendance upon Our Son; and for so doing this shall be Your Warrant. Given at Our Court at Windsor, the Seventeenth of January 1641.
"His Majesty hath seen the Order of the Lords, upon the Motion of the House of Commons, given to the Marquis of Hertford, concerning his Care in Attendance upon the Prince, not without Wonder that His Parliament should make such an Order, which can hardly be otherwise understood but as if there had been a Design of sending the Prince out of the Kingdom, which must necessarily have Reflection upon His Majesty, the Prince being now in the same place with Him. And His Majesty hath shewed Himself both (fn. 5) so good a Father and a King, that He thinks it strange that any should have such a Thought, as that He would permit that the Prince should be carried out of the Kingdom, or that any durst give Him that Counsel."
To be communicated to the Committee of the H. C.
Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 20m diem instantis Januarii, hora 11a Aurora, Dominis sic decernentibus.