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 Veneris, videlicet, 18 die Februarii.
Mr. Coningsbey's Bill.
Hodie 1a vice lecta est Billa, An Act for the settling, by Fitzwilliam Conigsbie, Esquire, of a Rent-charge, of Two Hundred Pounds per Annum, upon an Hospital, in the Suburbs of the City of Hereford, called Coningsby's Company of old Servitors, &c. and for the Settlement of Lands and Tenements, for the Payment of Debts, and raising of Portions for his younger Children; and for a new Jointure to his Wife, and a new Settlement of his Estate.
Sir John Blagrave's Bill.
The Committee reported the Bill for enabling Sir John Blagrave to make a Jointure to his now Wife, as fit to pass as it is, with some few Alterations; which being read Thrice, and approved of, the Bill was Ordered to be ingrossed, with the said Amendments.
Bill for avoiding Actions against Officers.
Hodie 1a vice lecta est Billa, An Act for the avoiding of some Actions and Suits brought, and others which might be brought; against Sheriffs and others, for obeying and executing of Process and Orders in certain Cases, and for Ease in Pleading concerning the same.
Bishops to be brought to their Trial To-morrow.
Ordered, That a Warrant be sent to the Lieutenant of The Tower, to bring the Bishops that are impeached by the House of Commons To-morrow Morning, to receive their Trial at this Bar.
Conference about Ireland reported.
The Lord Robartes reported the Effect of the Conference Yesterday: "That Mr. Whitlocke, who managed the Conference, acquainted their Lordships that he was commanded by the House of Commons to present a Vote of that House to their Lordships; which was read, in hæc verba: videlicet,
Propositions of the H. C. for the speedy Reducing of Ireland.
The Vote of the Lords and Commons, upon the Propositions made by divers worthy and well-affected Persons, for the speedy and effectual Reducing of the Kingdom of Ireland.
"The Lords and Commons, taking into their serious Considerations as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience, as also the great Sums of Money that the Commons of this Realm have lately paid for the public and necessary Affairs of the Kingdom, whereof the Lords and Commons are very sensible, and desirous to embrace all good and honourable Ways, tending to His Majesty's Greatness and Profit, the Settling of that Realm, and the Ease of His Majesty's Subjects of England; and whereas divers worthy and well-affected Persons, conceiving that many Millions of Acres of the Rebels Lands of that Kingdom, which go under the Name of Profitable Lands, will be confiscate, and to be disposed of; and that, in case Two Millions and a Half of those Acres, to be equally taken out of the Four Provinces of that Kingdom, may be allotted for the Satisfaction of such Persons as shall disburse any Sums of Money for the reducing of the Rebels there, that would effectually accomplish this great Work; have made these Propositions ensuing:
"1. First, That Two Millions and a Half of those Acres may be assigned, allotted, and divided amongst them, after this Proportion: videlicet,
"For each Adventure of
"Two Hundred Pounds, a Thousand Acres in Ulster.
"Three Hundred Pounds, a Thousand Acres in Connaght.
"Four Hundred and Fifty Pounds, a Thousand Acres in Munster.
"Six Hundred Pounds, a Thousand Acres in Lempster.
"All according to the English Measure, and consisting of Meadow, Arable, and Profitable Pasture; the Bogs, Woods, and Barren Mountains, being cast in over and above. These Two Millions and a Half of Acres to be holden in free and common Soccage of the King, as of the Castle of Dublin.
"2. That, out of these Two Millions and a Half of Acres, a constant Rent shall be reserved to the Crown of England, after this Proportion: videlicet,
"Whereby His Majesty's Revenue out of those Lands will be much improved, besides the Advantages that He will have by the coming to His Hands of all other the Lands of the Rebels, and their Personal Estates, without any Charge to His Majesty.
"3. That, for the erecting of Manors, settling of Wastes and Commons, maintaining of Preaching Ministers, creating of Corporations, and regulating of the several Plantations, one or more Commissions be hereafter granted, by Authority of Parliament.
"4. That Monies, on this great Occasion, may be the more speedily advanced, all the Undertakers of the City of London, and within Twenty Miles distant thereof, shall underwrite their several Sums before the 20th Day of March 1641; and all within Sixty Miles of London before the 1st Day of April 1642; and the rest of the Kingdom before the 1st Day of May 1642.
"5. That the several Sums to be underwritten shall be paid at Four Payments; videlicet, one Fourth Part within Ten Days after such Underwriting; and the other three Parts at Three Months, Three Months, and Three Months; all to be paid into the Chamber of London.
"6. That, for the better securing of the said several Sums accordingly, every one that doth so underwrite shall, at the Time of of his Subscription, pay down the Twentieth Part of the total Sum that shall be by him then underwritten.
"And, in case that the Residue of his First Fourth Part be not paid in to such Person or Persons as shall be appointed to receive them within the Ten Days before limited, then such Party shall not forfeit the Twentieth Part of the Sum Total formerly deposited, but so much of his First Fourth Payment to be added thereunto as shall make up the one Moiety of the said First Payment; and, if the same Person shall fail in any other of the Three Payments, he shall then forfeit his entire First Fourth Part, and all the Benefit of his Subscription, which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers.
"The Lords and Commons, upon due and mature Deliberation of these Propositions, have approved of them, and given their Consent to the same; and will become humble Petitioners to His Majesty, for His Royal Approbation thereof; and that hereafter He will be pleased, upon the humble Suit of both Houses of Parliament, to give His Royal Assent to such Bills as they shall tender unto Him, for the settling of those Propositions and all other Things necessarily conducing thereunto.
"Which being read, he afterwards proceeded,
Mr. Whitlocke's Speech.
"That whereas your Lordships were pleased to return Thanks lately to the King, with the House of Commons, for His Majesty's Favour, expressed in the passing of Two Bills, much importing the Safety, Quiet, and Content of this Kingdom; and the King had thereupon recommended to both Houses the Care of Ireland; so as these Propositions read to your Lordships, even with relation to that Message, were seasonable.
"Then he offered, by Way of Prevention, something concerning the Title, which was, ["The Votes of the Lords and Commons"]. This, he knew, your Lordships understood to be but Matter of Form; for your Lordships Consents was that which must make it to be so.
"He then proceeded, and offered to your Lordships Three Motives, each urging and concluding the Entertainment of this Course:
"1. First, the reducing of Ireland.
"2. Secondly, the Profit of the King.
"3. Thirdly, the Ease of the People of England.
"For the First, Ireland was in that Condition, as not only the Civil Power, which was wont to be the former Quarrel, but now even Religion, the rooting up of the Protestant Religion, and Extirpation of the English, is the Quarrel. The Rebels are so audacious as to scandalize the King and Queen; and the Question is not now, whether Irish or English, but whether the Protestant or Popish Religion, shall stand in that Kingdom. This Rage of theirs stays not there; they intend to stain this Land with the Blood of Protestants. The Life and Soul of Religion is now at Stake; and he made no Doubt every good Protestant will lay down his Life and Fortune for the Preservation of it.
"Then he came to the Second Motive, which he amplified first by Way of Disadvantage, and shewed what a Loss it would be to the King to be bereaved of that large and fruitful Island, which was a Third Part of the King's Dominions; yea, a Third Kingdom.
"He then shewed how much the Preservation of it conduced to the King's Profit, and how improveable this would be by keeping; that now was the Time to make him a thorough King there, and to establish the Throne, which had been disputed and tottering in that Realm these Four Hundred Years.
"He then proceeded to the Third Motive; and said, The People of England have lately undergone many and heavy Payments; he meant not those illegal Payments which were a just Punishment to such as would submit to such unjust Charges; but he spoke of the Levies by Parliament, the Burthen whereof, together with the Decay of Trade, our Neighbours in the Country were very sensible: By those Propositions read to your Lordships, the poorer Sort will be eased, the Payments made easy, because voluntary; and thereupon will be many and chearful Givers, who must ever have the Honour of a Memory to have contributed to so good a Work, so as, where Profit is an Ingredient with Piety and Loyalty, the Plaster will be sooner applied to Ireland.
"When, therefore, our Duty to God and the King may invite to so good a Work, he doubted not of your Lordships Concurrence with the House of Commons, for the Good of that which was the Good of this Kingdom.
"Having said thus much in General, he offered something to the Propositions in Particular: That whereas the First Proposition demanded Two Millions and a Half of Acre for the Undertakers, which at first Sight might look as a great Demand to such as knew not the Extent of that Kingdom, which is computed, by those who well understand the Latitude of it, to contain Fifteen Millions of Acres; and therefore, to take Two Millions and Half when Two Parts of Three of that Kingdom are in open Rebellion, is not so great a Demand as may at first Sight appear; and the Proposition conduceth much to the raising of Rent to the King. He said, it was well known that the Revenue of the Exchequer and Court of Wards in Ireland did not exceed the Sum of Forty-three Thousand Pounds Yearly, besides the Customs, which your Lordships found not great, except in Monopolies and undue Charges: Whatever the Customs are, they will be by these Propositions much advanced; Twenty or Thirty Thousand Pounds a Year Rent will accrue to the Crown, by the Reservations in them expressed; besides Seven Millions and a Half of Acres, over and above the Two Millions and Half desired in the Propositions, left to the King's Disposal.
"The other Propositions, which are for the Manner of bringing in the Money, are very necessary; nothing being of more Consequence than to dispatch this War.
"He observed out of Livy, That the Romans made their War great and short; some they finished within Six, some within Ten, some within Twenty Days, as with the Samnites, Latins, &c. He did not mention this as though it were seasonable for us to conclude this War in so short a Time; but only to prove, by the Actions of that great State, that nothing is more advantageous to a State than the speedy Dispatch of a War; and he hopes that, if this Money come in, the War of Ireland might be brought to a short Issue. He added, that he remembered with Grief the former Obstructions for Ireland; but now he hopeth, by the King and your Lordships Concurrences, that Delays will be turned into Dispatches; and this was necessary, because Foreign Princes, though now otherwise employed, will be awakened by a lasting War to take Care of our Affairs.
"He observeth the Course of Ireland's First Plantation to suit much with this propounded.
"King William the First gave Leave to Twelve Knights to go into Wales, to get what they could, and to plant themselves there: From those descended Richard Le Strong-bow, First Earl of Pembrooke, who made the First Impression in that Kingdom, of which Giraldus Cambrensis saith that it should be maintained, multis Cædibus, crebris Conflictibus, multoque Certamine. He hopeth the Course now in Hand will give a Period to that Conquest and this Prophecy; and that those intended Plantations may be as prosperous to settle as the former to gain that Kingdom.
"Wherefore, this Work being so full of Piety, Honour, and Charity, none shall need to speak for it; the Work will speak for itself.
"And so delivering the Vote of that House to your Lordships, he concluded the Conference."
This Report being (fn. 1) ended; the Lords took the Propositions into serious Consideration; and it was Resolved, upon the Question, nemine contradicente, That this House agrees and joins with the House of Commons in the Votes and Propositions now read, for the speedy and effectual Reducing of the Kingdom of Ireland.
Message to the H. C. that the Lords agree with them in these Propositions.
Then a Message was sent to the House of Commons, by Sir Edward Leech and Doctor Bennet:
To let the House of Commons know, that the Lords have agreed to the Votes and Propositions brought from them, concerning the speedy and effectual Reducing of the Kingdom of Ireland.
Message from the H. C. for the Trained Bands of Midd. to be drawn out on Shrove Tuesday.
A Message was brought from the House of Commons, by Sir Gilbert Gherrard, Baronet:
That the House of Commons, considering that upon Shrove-Tuesday the Prentices of London and others do take more Liberty to assemble themselves, in Tumults and Disorders, than at other Times; and considering the many Concurrences of People that have lately been; and in regard there hath been formerly used upon that Day some of the Trained Bands of Midd. to be drawn, for the preventing of Outrages; the House of Commons desires their Lordships to join with them, to desire the Earl of Holland, Lieutenant of Midd. that he will give Order, That some Companies of the Trained Bands may be mustered out into the Parts adjoined to the City, as usually hath been done, for preventing of Outrages and Disorders on that Day.
Hereupon this House Ordered, That the Earl of Holland, Lord Lieutenant of the County of Midd. shall be hereby required to cause so many of the Companies of the Trained (fn. 2) Bands of the said County to be mustered, and drawn out into several Parts about the Suburbs of London and Westm. as may well prevent any Tumults as shall or may be on Shrove Tuesday next, by the gathering together of any unruly People whatsoever.
Order concerning Windsor Forest.
Upon Information this Day to this House, by the Earl of Holland, Justice in Eyre of His Majesty's Forests and Parks on this (fn. 2) Side Trent, "of the great Destruction and Killing of His Majesty's Deer in the Forest of Windsor, especially in The New Lodge, where the People of the Country, in a riotous and tumultuous Manner, have lately killed a Hundred of His Majesty's Fallow Deer, and besides Red Deer, and do threaten to pull down the Pales about the said Lodge:" Hereupon this House Ordered, That the Sheriff of the County of Berks shall attend the Lords in Parliament on Tuesday next (being the Two and Twentieth of this Instant February), and to give an Account to their Lordships why he hath not prevented the late tumultuous and riotous Killing of His Majesty's Deer, in great Numbers, in The New Lodge, within the Forest of Windsor. And it is further Ordered, That the Earl of Holland shall send for the chief Actors in this Business, as he is Lord Justice of Eyre, to be so punished for their Demerits as his Lordship shall think fit; but, in case any Resistance shall be made by them against his Officers or Ministers, that then, upon Affidavit made thereof, and their Names returned unto this House, the Sheriff of the said County shall have Order to bring them up before their Lordships.
Arthur Trevor's Petition.
Upon reading the Petition of Arthur Trevor, in Behalf of his Father Sir Edward Trevor, taken by the Rebels in Ireland; it is Ordered, That the said Petition be specially recommended and referred to the Lords Justices of Ireland, and the Lord Ormond; to the End that they would take such Care and speedy Course for the Relief of Sir Edward Trevor, mentioned (fn. 2) in the said Petition, as they, in their Wisdoms and Judgements, in this Case shall think fit; and afterwards to acquaint this House what they shall have done herein.
Message from the H. C. for the Royal Assent to the Propositions about Ireland.
A Message was brought from the House of Commons, by Mr. Reynolds:
To let their Lordships know, that (fn. 3) the Life of the Propositions concerning the Adventure for Ireland is in the Expedition of them; therefore the House of Commons desires that some Lords may be sent to the King, to desire His Royal Assent thereunto.
Committee of both Houses to attend the King for it.
Hereupon this House appointed the Earl of Westm. to join with a proportionable Number of the House of Commons, to attend the King, and humbly petition Him from both Houses, that His Majesty would be pleased to give His Royal Assent thereunto.
Answer from the Spanish Ambassador.
The Lord Feilding reported, "That he had delivered the Message to the Spanish Ambassador, according to their Lordships Direction; and he returns this Answer for the present, That he will give an Answer speedily in Writing."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum coninuandum esse usque in diem Sabbati, videlicet 19m diem Februarii, 1641, hora 9a Aurora, Dominis sic decernentibus.