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, 25 die Februarii.
The Earl of Leycester, Lord Lieutenant of Ireland, reported to this House, "That he hath attended the King with the Message from both Houses; and His Majesty commanded him to let their Lordships know, that He conceives the Message was an Answer to Him, and therefore required no Answer nor Reply from His Majesty."
Report of the Delivery of the Petition about the Militia to the King.
The Earl of Portland reported, "That he had presented the Petition from both Houses of Parliament to the King; and His Majesty returns this Answer: videlicet,
"His Majesty, having received a Petition from both Houses of Parliament, by the Hands of the Earl of Portland, Sir Tho. Heale, and Sir William Savill, gives this Answer:
The King's Answer.
"That He deferred giving His Answer to the Petition formerly presented to Him concerning the Militia to an indefinite Time, only for that He was not assured when He should return: But, since that the Queen will (by the Grace of God) be aboard To-morrow, He is resolved on Saturday next to be at Greenwich, where He will give His full Answer to the said former Petition without any further Delay."
To be communicated to the H. C.
Ordered, That this be communicated to the House of Commons.
Ordered, That the Lord Chief Justice of the Common Pleas hath Leave of this House to go his Circuit; and his Absence in the mean (fn. 1) Time is to be dispensed with.
A Letter was read, directed to the Lord North, Lord Lieutenant for the County of Cambridge, as followeth:
Letter to L. North from Cambridgeshire, for reviewing their Militia, and supplying them with Arms.
"We have received a public Request, at our last General Quarter Sessions, in open Court, from the better Sort of the Inhabitants of our Country that were there (and a greater Sessions for Appearance we never saw, beyond the Assembly of any Assizes if we shall respect only the Country People): Their earnest Desire was, that we would move your Lordship to make Use of your Authority to your Captains, for a present Muster; that the Arms we have may be dressed and viewed, their Defects supplied, and our Soldiers often drilled and exercised, as is frequently done in many Countries about them. Another Request they made at that Time, which was, that their Money in Mr. Crane's Hand may be put into Arms, which we also allowed unto, but would not conclude upon it before we had first acquainted your Lordship with their Motion. The imminent Dangers we may expect from these miserable Times, and the great Care we hear every Country takes to prepare themselves for their own Defence, invites us to do the same; and therefore, with our Neighbours, humbly request your Lordship to grant their Desires, that there may be a present Muster to make good their Arms, and a frequent Exercise of their Soldiers, which will (as we conceive) encourage them to stand better to them when any Occasion shall require. Thus humbly taking our Leaves, we rest,
"Your Lordship's humble and faithful Servants,
To be communicated to the H. C.
Ordered, That this Letter be communicated to the House of Commons, at the next Opportunity.
E. of Berks acquaints the House with a Letter he received from the King, for his Attendance in Parliament.
The Earl of Berks signified to this House, "That this Day he received a Letter, being a Command from the King, to repair and give his Attendance upon this House, notwithstanding former Leave from His Majesty to be absent; at which his Lordship said he wondered, because he hath not asked any Leave to be absent, neither hath been absent, only Three Weeks, which he had Leave of the House for, to take the Air for his Health in the Country."
The Letter was read, as followeth:
The King's Letter.
"Right Trusty and Right Well-beloved Cousin, and Counsellor, We Greet you well.
"As We have been Graciously pleased, at your Request, and for your private Occasions, by our former Letters, to dispense with your present Attendance in Parliament; so, now that there is likely to be treated in Parliament Affairs much importing the public Peace and Good of Our Kingdoms, we have thought good, by these Our Letters, to desire you to repair forthwith to London, (fn. 2) and not to fail to give your Personal Attendance in Parliament; which as We know your own good Affections to the Public will incline you to be careful to prefer before your own private Use, so We assure you We shall take it as a Testimony of your good Affections to Us, on whom the Care of the Public doth immediately depend. Given at Our Court at Dover, the 23d of February, 1641.
"To Our Right Trusty and Right Well-beloved Cousin and Counsellor, Tho. Earl of Berks."
These Lords affirmed they had received the like Letters from the King, to the same Effect:
Like Letters to other Lords.
The Earl of North'ton; who had desired Leave of the King to be absent, but never made Use of it.
The Earl of Bath confessed he had Leave of the King to be absent for a little Time in the Country for his Health, but had not yet made Use thereof; which His Majesty thought he had done, sent this Letter to him.
Earl of Devon.
Lord Mowbray said, he had the King's Leave to be absent, but not by Letter.
The Lord Powis had a Letter.
The Lord Seymour said he had no Leave of the King to be absent; and that he hath been constantly for this great while a constant Attender upon this House.
These Letters were delivered to them by a Messenger.
Debate about these Letters.
The House took it very well, as an Act of Respect from these Lords that have acquainted the House with the said Letters. But the House considering that, not long before, the King sent to call certain Members away from this House, and the House commanded their Stay; therefore their Lordships conceived this to be a Preparation to the Effects of evil Counsels given to His Majesty; and the House being put into a Committee during Pleasure, it was debated what ill Counsels have been given to the King; and these Three Heads or Particulars were propounded to be considered of:
Ill Counsel given the King.
"1. Who have gone about to extend the King's Prerogative beyond the ancient Bounds?
"2. Who were the Authors and Procurers of Monopolies?
"3. Who gave Counsel for the Breach of the Pacification with the Scotts, which hath cost the Kingdom Five Millions, besides many other Mischiefs and Inconveniences that happened thereupon?"
But, not being resolved on at this Time, the House was resumed.
A Message was sent to the House of Commons, by Serjeant Fynch and Dr. Bennett:
Message to the H. C. about the Militia.
To deliver to the House of Commons,
1. A Copy of the King's last Message concerning the Militia.
Letter from Cambridge.
2. A Copy of a Letter written to the Lord North from the County of Cambridge.
The Prince not to go to Greenwich without the Marquis of Hertford. Lord Loftus's Cause.
3. To let them know, That the Lord Marquis of Hertford intends that the Prince shall not go to Greenwich until he be able to attend him.
A Letter was read, written to the Lord Keeper, from the Justices of Ireland, concerning the Lord Loftus's Cause, desiring their Answers sent in this Cause may be received.
The Messengers return with this Answer:
Answer from the H. C.
That they have delivered their Lordships Commands to the House of Commons.
Act to prevent Abuses in Wines.
Hodie 1a vice lecta est Billa, An Act to prevent Abuses in the Sophistication of Wines.
The Lords Names that received Letters from the King.
Next, one Barber, a Messenger, was called in, and commanded to deliver in a List of those Lords Names to whom he was to deliver Letters, to appear and give their Attendance in this House.
He said, "He received last Night, between Five and Six a Clock, a Command from the Lord Viscount of Falkland, one of the Secretaries of State to His Majesty, to deliver to several Lords, whose Names follow, Letters which were brought to him by one Robert Taverner, a Messenger: videlicet, (fn. 3) accordingly he did,
"To the E. of North'ton.
"E. of Lyndsey.
"E. of Peterborough.
"E. of Bath.
"E. of South'ton.
"E. of Berks.
"E. of Devon.
"E. of Huntingdon.
Ds. Conyers & Darcy.
Ds. Howard de Charlton.
Act to prevent Abuses in Wines.
Hodie 2a vice lecta est Billa, An Act to prevent Abuses in Sophistication concerning Wines.
Committed to these Lords: videlicet,
L. Privy Seal.
Lord Chief Justice of the Common Pleas,
Any Three of their Lordships to meet on Tuesday next, at Nine a Clock in the Afternoon.
Message from the H. C. with some Instructions to accompany the Propositions for the Advantage of Ireland.
A Message was brought from the House of Commons, by Sir Walter Earle:
That the House of Commons do present to their Lordships Consideration some Instructions, which the House of Commons think fit to accompany the Propositions (fn. 4) for the Adventure for Ireland; and they desire their Lordships Concurrence with them in the said Instructions; and that the Propositions and the Instructions, together with the King's Answer, may be printed and published forthwith.
Then the Instructions were read, as follow: videlicet,
"Whereas, according to the Proportion of Lands in the Propositions mentioned (being Two Millions and a Half of Acres), the Sums to be under-written will not exceed One Million of Money; it will be requisite that, together with the Sums underwritten, the Day and Time of each Subscription be likewise set down, to the Intent that those who do underwrite before the Million of Money shall be made up may not be excluded from the Benefit of their respective Subscriptions, in case they make Payment of the respective Sums according to the Propositions.
"Nevertheless, if any shall underwrite after the Million of Money shall be made up, they shall be admitted to the Shares of such as (having underwritten to the Million) shall fail of Payment according to the Propositions, or else (at their Election) shall be forthwith re-paid all such Sums as they shall have paid in upon Hope of taking Benefit of the Propositions.
"2. The Places to be appointed for the several Underwritings to be:
"For the Cities of London and Westminster, and the Counties of Surrey and Middlesex, the Chamber of London.
"For all other Counties in England and Wales, the Towns where the last Assizes were kept.
"But any of these Counties that shall desire to underwrite in London may be at Liberty to do it there.
"3. The Persons to be employed in taking the Underwritings, and receiving the Monies for London and Westm. Midd. and Surrey, are to be such as, upon further Consultation with the Citizens of London, shall be appointed.
"And, in all other Counties, the Sheriffs of the several Counties respectively, who are to give Acquittances for such Sums as they shall receive.
"4. That printed Books of the Propositions, and His Majesty's Answer thereunto, and of the Instructions, shall be sent, and Letters written from the Speaker to the several Sheriffs of the said Counties, who shall publish the Books and Letters at the next Assizes, and shall then likewise give public Notice of the Times and Places by them to be appointed, as well for the several Underwritings as for the Payment of the Sums that shall be underwritten; and for the better publishing of those Books, the several Citizens and Burgesses of the House of Commons shall forthwith send down several Books and Letters to the Head Officers of their Cities and Boroughs respectively.
"5. That the several Sheriffs shall, (fn. 5) every Week, send up to the Chamber of London a true List of the Names and Sums subscribed, and of the Time of the Subscription.
"6. For the better Encouragement of such Persons as shall be employed for the City of London and the Parts adjoining, as likewise of the said Sheriffs and such other Persons as shall be by them employed herein, it shall and may be lawful for the said Sheriffs, and for the said Persons appointed for the City of London respectively, to deduct and retain to his or their Use, after the Rate of One Penny in the Pound, for their Pains and Charges in receiving the said Sums, and in returning the same.
"7. That, together with the printed Propositions and Letters from the Speaker, Paper Books, with Titles prefixed, shall be sent down to the Sheriffs of each County; in the Beginning of which Books, next under the Titles, the Knights, Citizens, and Burgesses, respectively, that serve for the same, and who shall underwrite any Sum according to the said Propositions, shall subscribe their Names and Sums in the First Place."
The Propositions and these Instructions, with the King's Answer, to be printed.
Ordered, That this House agrees with the House of Commons in these Instructions; and that the Propositions concerning Ireland, and His Majesty's Answer thereunto, together with these Instructions, shall be forthwith printed and published.
Committee for examining the City Petition about the Militia.
Ordered, That the Committee appointed to consider of the City Petition shall have Power to send One or more of that Committee into London, to examine Witnesses there, if there be Cause.
Hodie 2a vice lecta est Billa, An Act (fn. 6)
Committed to these Lords following:
L. Privy Seal.
Ds. Howard de Est.
Mr. Justice Crawly, Assistant.
Their Lordships, or any Five, to meet this Day Fortnight, in the Painted Chamber, at Nine of the Clock in the Morning.
Babb and Trelawny in Error.
Whereas there is a Writ of Error depending in this House, between Babb and Trelany; it is Ordered, That Babb shall have Notice to assign Errors by this Day Sevennight peremptorily; or else the Transcript to be remitted into the King's Bench, that Execution may be taken out accordingly.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 26m diem instantis Februarii, hora 1a post meridiem, Dominis sic decernentibus.