House of Lords Journal Volume 4: 5 February 1642

Die Sabbati, videlicet, 5 die Februarii.

PRAYERS.

The House appointed the Lord Chief Justice of the Common Pleas to be Speaker this Day.

Report of the King's Answer concerning Lord Kymbolton and the others,

The Earl of Newport acquainted the House with the King's Answer, "That His Majesty will speedily return an Answer to the Petition of both Houses, concerning the Lord Kymbolton, and the Five Members of the House of Commons, and to that other Petition concerning the Militia of the Kingdom, both together."

sent to the H. C.

This Answer was sent down by Message to the House of Commons, by Serjeant Fynch and Mr. Page.

(Vid. the Certificate.)

Portuguese Ambassador claims Privilege for one of his Servants arrested for Debt.

Not allowed.

Upon the Request of the Portingall Ambassador, this House was informed, "That a Servant of his was arrested for Debt, which he conceived was contrary to the Privilege of an Ambassador; therefore desired this House that his said Servant might be released from his Arrest:" But the House taking this into Consideration, and finding the Debt to be a real, just, and true Debt, appointed the Earl of Stamford and the Lord Newnham to go from this House to the Portingall Ambassador, to let him know, that, in this Case, the Privilege was never granted; but what Privilege hath formerly been allowed Ambassadors, he shall receive from this State.

Bill to disable Persons in Holy Orders from exercising Temporal Jurisdiction.

After this, the House was adjourned into a Committee during Pleasure, to debate the Bill for taking away the Votes of Bishops out of this House.

The Bill was read.

And, after a long and mature Deliberation, the House was resumed; and some few Amendments therein were read Twice singly, and Once as it was to pass, which this House approved of.

Then

Hodie 3^a vice lecta est Billa, An Act for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority.

And, being put to the Question, whether this Bill, with the Alterations and Additions, should pass as a Law, it was Resolved it should pass as a Law.

Protest of some Bishops against it.

Memorandum, These Bishops following, before the putting of the aforesaid Question, desired their Right to enter their Protestation; which was granted:

Epus. Winton.
Epus. Rochester.
Epus. Worcester.

Then a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

The Bill sent to the H.C.

To deliver them this Bill, with the Amendments and Additions; and to let them know that this House passed the same as a Law.

Lieutenant of The Tower and Captain Conisby to attend.

Ordered, That the Lieutenant of The Tower of London, and Captain Conisby, shall attend this House on Monday Morning next, at Nine of the Clock.

Information concerning Gunpowder sent to Dracot, a Recusant, at Pannisley, in Staffordshire.

Upon Information given to the House this Day, by William Pargiter, upon Oath, "That, upon Sunday the 30th of January last, Mr. Ferrers Rugeley, of Burton upon Trent, eame to his House in Burton aforesaid, and acquainted him that he had heard of a Kind of a Treason; whereupon the said Mr. Pargiter was told by the said Mr. Rugeley, that he was informed that there was Fourteen Hundred Weight of Gunpowder brought down into Staffordshire, for a Recusant; and the Carrier was to bring down so much more as should make it Forty Hundred Pounds Weight. Mr. Pargiter then desired him to be sure there were some Witnesses of what he had heard, and desired him to bring some Witnesses with him, to meet him at the Earl of Chesterfeild's House, the next Morning, which the said Mr. Ridgley did accordingly; and brought Joy Clarke, an Innkeeper, and George Bridgett, a Pewterer, to the said Earl's House, who both affirmed that George Amery, the Carrier, told them he carried the Gunpowder for Mr. Dracott, of Panisley, in Staffordshire; and that they saw Part of the Powder. And Mr. Paggiter said, The said Amery told him he had carried Fourteen Hundred Pounds Weight for the Magazine of the County, and is appointed to carry it by the Colonel of the County."

Ld. Pagett to examine into this Affair.

Hereupon it was Ordered, That the Lord Pagett shall examine this whole Business, both in this Town and in the Country, touching the carrying down of the Powder unto Mr. Draycott, and make Report thereof unto this House; and that the Gentleman Usher attending this House, his Deputy or Deputies, shall attach, or cause to be attached, and forthwith brought before their Lordships, the Body of Mr. Dreycott, of Paynsley, in the County of Staff. and also the Body of George Amery, a Carrier of that County; and it is further Ordered, That the Two next Justices of Peace unto the said Mr. Draycott's House, that are now in the Country, shall, with such others as they think fit to assist them, enter into the said Mr. Dreycott's House, and seize such Gunpowder, Arms, and other Munition, as they shall find there, to the King's Use, and to send them into the Magazine of that Shire, for His Majesty's Service, excepting only such Arms as shall be found necessary for the Defence of the said House.

Sheriff of Somersetshire to search the House of Hangham, Recusant, for Arms.

Ordered, &c. That the Sheriff of Somersettshire shall forthwith, upon Sight hereof, make his Return unto the Lords in Parliament of an Order lately sent to him out of this House, concerning the searching for Arms and Ammunition in the House of Mr. James Hangham; and hereof he is not to fail, as he will answer the contrary.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 7^m diem instantis Februarii, hora 3^a Aurora, Dominis sic decernentibus.