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, 29 die Januarii.
E. of Dover's Privilege.
Upon Complaint made to the House, That Merideth Mady, Clerk, Chaplain to the Earl of Dover, and his Lordship avouching him to be his Household Chaplain, hath been arrested, for disobeying a Decree in a Court of Justice; it is Ordered, That the said Meredeth Mady shall have and enjoy the Privilege of Parliament, as Servant to the Earl of Dover; and that a Habeas Corpus cum Causa, ret. immediate, be directed to the Sheriff of London, for the bringing of the Body of the said Meredith Mady before the Lords in Parliament.
Lady Hastings's Cause.
Upon the Petition of Dame Lucy Hastings, Wife to the Right Honourable the Lord Ferdinando Hastings, read this Day; it is Ordered, That the Cause of the said Lady Hastings, mentioned in her Petition, is hereby referred to be relieved in Equity by the Lord Keeper of the Great Seal of England, who is desired from this House to give her all convenient Expedition in her said Cause.
Message to the H. C. for Expedition to the Bill for laying down Privilege of Parliament in some Cases, and to the Bill for securing Recusants.
A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:
To desire the House of Commons to give what Expedition they can to the Bill concerning Protections, and the Bill concerning the Securing of the Persons of Popish Recusants, etc.
Apprentices and Seamen petition again.
The Petition of the young Men, Seamen and Apprentices, was read, desiring an Answer to their former Petition.
Answer to them.
The Lord Keeper, by the Directions of this House, gave them this Answer: "That the Lords take in good Part their modest Way of coming, not in Multitudes, but in a regular Way, in which their Lordships gives them Encouragement: As for their Petition, it hath been read, and this House will take it into Consideration, and give an Answer as speedily as may stand with the great Affairs of the Kingdom."
The Messengers that went to the House of Commons return this Answer:
That they have delivered their Message.
A Message was brought from the House of Commons, by Mr. Solicitor General; who brought up a Bill, which had passed the House of Commons, intituled, "A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported."
Bill for Tonnage and Poundage.
Hodie 1a vice lecta est Billa, An Act intituled, "A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandize exported and imported."
A Message was brought from the House of Commons, by Mr. Cary:
Message from the H. C. with an Ordinance to prevent Irish and Popish Commanders from going to the Rebels in Ireland, and for sending back Irish Vagrants.
To let their Lordships know, that the House of Commons, understanding that divers Irish and Popish Commanders are in the West Country, and it is feared they will transport Arms and Provisions to the Rebels in Ireland; for preventing whereof, the House of Commons have made an Ordinance of Parliament, to which they desire their Lordships to join with them therein, which was read, in hæc verba: videlicet,
"Whereas great Numbers of Papists, both English and Irish, some whereof have been and are Commanders in the Wars, and others such as have Estates in England, have gone out of this Kingdom into Ireland, immediately before and during the barbarous and bloody Rebellion there, and traiterously joined themselves with the Rebels of that Nation, against His Majesty and the Crown of England, and likewise divers other Commanders, and such as have Estates in England, are daily preparing to go thither, to the same wicked Ends; and great Store of Arms, Ammunition, Money, Corn, and other Victuals and Provisions, have been sent, and are daily preparing to be sent, to that Kingdom, for the Assistance and Encouragement of those Rebels; for Prevention whereof, the Lords and Commons in this present Parliament assembled do hereby Order, and strictly charge and command, all Sheriffs, Justices of the Peace, Mayors, Bailiffs, Constables, and other His Majesty's Officers, within the Realm of England and Dominion of Wales, That they apprehend and examine all such Persons as they shall suspect to be Papists, and going out of this Kingdom, or the Dominion of Wales, into Ireland; and that they make also Stay of all Arms, Munition, Money, Corn, and other Victuals and Provisions, which they shall suspect to be preparing for Transportation into Ireland, for the Aid and Relief of the Rebels there, and to give speedy Notice thereof in to the Parliament.
"And whereas also divers poor People, Men, Women, and Children, of the Irish Nation, and Papists, have lately come in great Numbers out of Ireland, into Cornwall, Devon, and other Parts of this Kingdom, where they have been and are very disorderly, and much terrify the Inhabitants where they come, and due Care is not taken in all Places for the suppressing and punishing of them; the Lords and Commons, in this present Parliament assembled, do hereby further Order and require all Officers before mentioned, that they put the Laws in due Execution against such wandering Irish Papists before expressed; and that they cause them to be forthwith conveyed back into that Kingdom."
Ordered, That this House agrees with the House of Commons in this Order, and Orders the same accordingly.
A Message was brought from the House of Commons, by Sir Peter Wentworth, Knight of the Bath:
Message from the H. C. for a Conference concerning the Duke of Richmond.
To desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the Duke of Richmond.
The Answer returned:
That their Lordships will give a present Meeting, as is desired, in the Painted Chamber.
This House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and then the Lord Keeper reported the Effect of this Conference: videlicet,
"That Mr. Glyn said, He was commanded by the House of Commons to acquaint their Lordships with what Informations have been made to the House of Commons, concerning the Duke of Richmond.
"Sir Henry Heyman's Information against the Duke of Richmond.
Information against the D. of Richmond, for directing the Port of Hythe who to chuse as a Member.
"That the Duke of Richmond did write unto the Town of Hyth, to chuse one Captain Wimberley to serve one of the Barons there in this Parliament; but he was not chosen.
"Thereupon a Letter was written, by one of the Duke's Officers, signified to be by Direction; a Copy of which Letter was read, as followeth:
The Letter wrote to them by his Order.
"After my hearty Commendations, I have at this present received a Command from the Lord Duke of Lenox his Grace, Lord Warden of the Cinque Ports, to require from every of you the Elections of your Barons for this present Parliament by the Poll, which is the particular Name of every Person that gave his Voice, and to whom he gave it, as likewise the Quality of each Person, wherein his Grace requireth an exact Account; these are therefore to pray and require every of you, with all Speed, to make several and exact Returns of your said Elections by the Poll as abovesaid into his Grace's Office at Dover Castle, at or before the 14th of this present November, at your Perils, that so I may be enabled to address them to his Grace, according as I am commanded; and so I bid you heartily Farewell, and rest
"Your very Loving Friend to serve you,
Dover-castle, under the Seal of Office, this 10th of November 1640.
"This is a true Copy of a Letter we received from the Deputy Lieutenant Captain Collins; directed, To the Mayor and Jurates of Hyth.
"This Letter was written after the Return of the Election.
About Words spoken to Mr. Perd, concerning Percy and Germyn.
"The Second Information against the Duke of Richmond was by Mr. Perd, a Member of the House of Commons, That Mr. Percy and Mr. Germyn, being in the House of Commons questioned for Offences now declared High Treason; depending that Question, and after the Matter of Fact voted, and before the Offence was declared High Treason, Mr. Perd did often with Earnestness press the House to declare the Nature of the Offence, which he affirmed to be High Treason; Mr. Scroope, a Servant and Steward to the Duke of Richmond, came to him to his Chamber in The Temple, in the Duke's Name, and in his Name desired him to forbear to press the Business concerning Mr. Percy and Mr. Germyn, and persuaded him not to call upon it, affirming that it would be an acceptable Service, and would do him Good. And Mr. Perd said, he did believe he meant that the King and Queen would take Notice of it as an acceptable Service; and Mr. Perd believes he named the King and Queen, but cannot affirm it positively; but he is assured, he intimated them so as he understood him to mean the King and the Queen.
"Mr. Perd answered the said Mr. Scroope, he would discharge his Conscience; and that he must and would press forward that Business. And afterwards Mr. Perd said, he did, as formerly he had done, call for and press on that Business with as much Earnestness as before.
"He further said, That, some Distance of Time after this Passage, the Duke met with Mr. Perd in the Lord House, and came to him, and used in Effect these Words: "Mr. Perd, I took you to be my Friend, or you made a Shew you were my Friend, but it is but in Shew, and so henceforth I will be to you," or to that Effect: This he spake with a Countenance expressing a Displeasure and Disdain, as he conceives; and, in his Conscience, he believeth this Speech related to the Message of Mr. Scroope; for Mr. Perd said, he had never any Business or Occasion of Address to the Duke, neither did he receive any other Message from him.
About his Speech in the Lords House to adjourn the Parliament for Six Months.
"The Third Information was, that, by a Copy of the Record of this House, it doth appear that the Duke of Richmond, upon the 26th of this Instant January, did desire that the Question might be put for the Adjournment of the Lords House for Six Months.
Vote against him by the H. C. That he is an ill Counsellor.
"Upon this whole Matter, the House of Commons made this Vote:
"That the House of Commons hath sufficient Cause to accuse the Duke of Richmond to be one of the malignant Party, and an evil Counsellor to His Majesty.
"The Reasons of the said Vote are these:
Reasons of the Vote.
"1. That he endeavoured, by his Labour, to have such Members chosen as he should name; and his Way of Menace afterwards discovers an Intention to overthrow the Freedom of Election, and making a Party in Parliament.
"2. Because he endeavoured to corrupt the Members of the House of Commons after they were elected, even in Matters of the highest Nature, for Support of Delinquents that were in Question for endeavouring to bring the Army upon the Parliament.
"The Motion made in this House, if effected, would certainly be the Loss of Ireland, and hazard the Ruin of this Kingdom, there being Distractions at Home, and imminent Danger in Ireland, and no Means to help both but by the Parliament; which if it had been adjourned, in Consequence, that necessary and good Act for the Continuance of this Parliament would have been ineffectual.
"The House of Commons say, they know and assure themselves, and are confident their Lordships know, that there is a malignant Party and evil Counsellors, as appears by the Advice given to the King lately to give that Answer concerning Carrickfergus; but it is not an easy Thing to discover evil Counsellors, for it must be either the King that was told it, and He cannot be an Accuser, or else by Witnesses; and such Counsels are Works of Darkness that cannot be discovered; therefore the House of Commons say, it must be Circumstances that must satisfy them.
They request the Lords to join in a Petition to the King, to seclude him the Court,
"Now that so much is discovered against the Duke of Richmond, the House of Commons do desire that their Lordships will forthwith join with them, to petition His Majesty, that he may not have any Access to the Persons or Courts of the King or Queen's Majesty.
and remove him from his Places.
"And that he may be removed from all Offices and Places of Public Trust.
"And that this may be done with all Speed, in regard of the great Places of Trust and Consequence he now holds.
"Afterwards Mr. Hollis concluded, That he was commanded to tell their Lordships, that it was the Care of the House of Commons to prevent the Evils that hang over our Heads, and they can do no less, in regard of the Duty they owe to the King that hath called them as His Council, to their Country that hath intrusted them; and lastly, they do it to satisfy their own Consciences: They say, They see the Stone that hit them, but could not discover the Arm that threw it; they say they wash their Hands of the ill Consequences of these Things, and lay it at their Lordships Doors."
A Copy of this Information granted to the Duke.
This Report being done, the Duke of Richmond made it his humble Desire to the House, that he might have a Copy of the Heads of the Information now brought from the House of Commons against him; and that he may be allowed some short Time to give his Answer thereunto.
Time given for his Answer.
Hereupon it is Ordered, That the Duke of Richmond may have a Copy of the Information against him; and that he give in his Answer on Monday next, at which Time the House will further debate and consider of this Business.
House to be called on Monday.
Ordered, That this House shall be called on Monday next.
Reynolds and Griffin sent for for searching Ld. Morley's House.
Ordered, That John Reynolds and Allen Griffin be sent for, to appear before this House, to give an Account by what Warrant they did enter into and search the Lord Morley's House, being a Peer and a Member of this House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 31m diem instantis Januarii, hora 1a post meridiem, Dominis sic decernentibus.