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 Mercurii, videlicet, 2 die Martii.
William Murray sworn.
Mr. William Murray was sworn, being to be examined by the Lords Committees, at the Desire of the House of Commons.
The Earl of Warwicke reported, That, according to their Lordships Command, he hath delivered the Message of both Houses to His Majesty, who returns this Answer; which was read, in hæc verba: videlicet,
The King's Answer to the Message concerning the Militia and the Prince.
"I am so much amazed at this Message, that I know not what to answer. You speak of Jealousies and Fears; lay your Hands to your Hearts, and ask yourselves whether I may not likewise be disturbed with Fears and Jealousies; and if so, I assure you this Message hath nothing lessened them.
"For the Militia, I thought so much of it before I sent that Answer, and am so much assured that the Answer is agreeable to what in Justice or Reason you can ask, or I in Honour grant, that I shall not alter it in any Point.
"For My Residence near you, I wish it might be so safe and honourable, that I had no Cause to absent Myself from Whitehall. Ask yourselves whether I have not?
"For My Son, I shall take that Care of him, which shall justify Me to God as a Father, and to My Dominions as a King.
"To conclude, I assure you, upon My Honour, that I have no Thought but of Peace and Justice to My People, which I shall by all fair Means seek to preserve and maintain, relying upon the Goodness and Providence of God for the Preservation of Myself and Rights."
Message from the H. C. with the Bill to clear Lord Kymbolton and others;
A Message was brought from the House of Commons, by Mr. Serjeant Wylde; who brought up a Bill concerning the Lord Kymbolton and the Five Members of the House of Commons, which had passed their House; and they desire their Lordships to give Expedition therein.
and about the Attorney General's Trial.
2. Whereas there is a Charge brought up from the House of Commons, and depending in this House, against Mr. Attorney General; the House of Commons desire that their Lordships would appoint a speedy Day to proceed therein; and they will be ready to make good their Charge against him.
Day for his Trial.
Hereupon it is Ordered, That the Impeachment against Mr. Attorney General shall be proceeded in on Friday next, at this Bar.
Message to the H. C. with a Copy of the King's Answer about the Militia and the Prince.
A Message was sent down to the House of Commons, by Sir Edward Leech and Dr. Bennett:
To communicate and deliver to them the Copy of the King's Answer received this Day.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis, hora 2a, Dominis sic decernentibus.
Message from the H. C. for a Conference about the King's Answer concerning the Prince and the Militia.
A Message was brought from the House of Commons, by Mr. Henry Marten:
To desire a present Conference, by a Committee of both Houses (if it may stand with their Lordships Conveniency), touching the late Answer from His Majesty.
The Answer returned was:
That their Lordships will give a present Meeting, as is desired, in the Painted Chamber.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Report of the Conference.
The Lord Keeper reported the Effect of this Conference; which was, "That it was expressed that the House of Commons have taken great Consideration of the King's Answer to the Message of both Houses concerning the Militia; and they think it fit the said Message to the King should be insisted upon; and, for that Purpose, the House of Commons have made some Resolutions, in which they desire their Lordships Concurrence.
"Resolved, by the House of Commons upon the Question,
"1. That the Kingdom be forthwith put into a Posture of Defence, by Authority of both Houses, in such a Way as is already agreed on by both Houses of Parliament.
"Resolved, on the Question, by the House of Commons,
"2. That a Committee shall be appointed, to prepare a Declaration upon these Two Heads: videlicet,
"1. To lay down the just Causes and Jealousies given to the House, and to clear this House from any Jealousies conceived against it.
"2. And to consider of all Matters that may arise upon this Message; and to declare their Opinions what is fit to be done thereupon.
"To which Resolutions the House of Commons desires their Lordships Concurrence; and that a Committee of Lords may be appointed, to join with the Committee of the House of Commons, as aforesaid."
This House taking the aforesaid Resolutions of the House of Commons in Consideration; after a serious Debate, it was Resolved, upon the Question, by this House,
The Kingdom to be put into a Posture of Defence by the Parliament.
That the Kingdom be forthwith put into a Posture of Defence, by Authority of both Houses, in such a Way as is already agreed on by both Houses of Parliament.
A Protest against it.
These Lords following, before the Question was put, desired their Right of Protestation; and that their Dissent might be entered to this Question; which they have done accordingly:
The Lord Great Chamberlain.
Ds. Willoughby De Earseby.
Ds. De Grey.
To the Second Resolution, this House agrees with the House of Commons therein; and Ordered, The same Committee that is appointed to consider of the King's former Message concerning the Militia, is appointed to meet with a proportionable Number of the House of Commons, to consider of the several Particulars as is mentioned in this last Conference.
Then a Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:
To let the House of Commons know, that this House agrees with them in their Resolutions brought up at the last Conference; and that their Lordships have appointed a select Committee of Fifteen Lords, to meet with a proportionable Number of their House presently, with the same Power and Commission as they have given their Committee.
Message from the H. C. for Committees to examine Mr. Murray.
A Message was brought from the House of Commons, by Mr. Cromewell:
To desire that the Lords Committees may meet at Five a Clock this Afternoon, to examine Mr. William Murray.
Ordered, That the Committee do meet at Five a Clock, to examine Mr. Murray, as is desired.
The Answer returned was:
That this House hath appointed the Lords Committees to meet, as is desired.
Bill to clear Lord Kymbolton, &c.
Hodie 1a vice lecta est Billa, An Act for the clearing and vindicating of the Lord Kymbolton, Denzell Holles, Esquire, Sir Arthur Haslerigge, Baronet, John Pym, Esquire, John Hampden, Esquire, and William Strode, Esquire, from a late feigned Charge or Accusation of High Treason.
Next, an Order of both Houses was read, for putting the Navy and Ships of this Kingdom into Repair, for the Defence of the Kingdom.
Order for rigging of Ships for Defence of the Kingdom.
"The Lords and Commons in this present Parliament assembled, having received Advertisement of extraordinary Preparations made by the neighbouring Princes both by Land and Sea, the Intentions whereof have been represented as to raise an Apprehension in both Houses, that the public Honour, Peace, and Safety of His Majesty and His Kingdom cannot be secured, unless a timely Course be taken for the putting of this Kingdom into a Condition of Defence at Sea as well as Land; it is therefore Ordered, by the Lords and Commons aforesaid, That the Earl of Northumberland, Lord High Admiral of England, do forthwith give effectual Direction and Order, That all and every the Ships belonging to His Majesty's Navy, which are fit for Service, and not already abroad, nor designed for this Summer's Fleet, be with all Speed rigged and put in such a Readiness, as that they may soon be fitted for the Sea; and that his Lordship do also make known unto all the Masters and Owners of Ships as now are in or about any the Harbours of this Kingdom, and may be of Use for the public Defence thereof, That it will be an acceptable Service to the King and Parliament, if they likewise will cause their Ships to be rigged, and so far put in a Readiness, as they may be at a short Warning set forth to Sea, upon any emergent Occasion; which will be a Means of great Security to His Majesty and His Dominions."
Ordered, That this House approves of this Order now read; and that it be sent down to the House of Commons, to desire their Concurrence therein; which was accordingly done, by Sir Robert Rich and Mr. Page.
Order to adjourn this House till Friday, and a Committee to meet at Merchant Taylor's Hall.
Ordered, That this House shall be adjoured until Friday Morning next, at Nine of the Clock; and that the Committee appointed for to consider of the Declaration to lay down the just Causes of the Fears and Jealousies given to the Houses of Parliament, and to clear them from any Jealousies conceived against them, and to consider of all Matters and Incidents that may arise upon this Message of His Majesty's, and to declare their Opinions thereupon, shall meet To-morrow Morning, at Merchant Taylors Hall, in London, at Nine of the Clock: And likewise the said Committees shall have Power to take into their Consideration the Safety of this Kingdom, and the Affairs of the Kingdom of Ireland; and that all Members of this House as will come thither shall have Votes.
A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Bennet:
Message to the H. C. about rigging of Ships;
To communicate to them the Order made concerning rigging of Ships, for the Defence of this Kingdom; and to desire their Concurrence therein.
and for Committees to meet at Merchant Taylor's Hall, concerning the King's Answer about the Militia and the Prince.
Also to let the House of Commons know, that their Lordships have Ordered this House to be adjourned until Friday Morning, at Nine of the Clock; and to acquaint them that this House hath appointed the Lords Committees to consider of the King's Answer to meet at Merchant Taylors Hall, To-morrow Morning, at Nine of of the Clock; and to let them know the Power given to the said Committees by this House, as aforesaid; and to desire that the House of Commons would adjourn their House accordingly, and appoint their Committee to meet the Lords Committees at Merchant Taylors Hall, with the like Power.
The Messengers return with this Answer from the House of Commons:
That they do agree with their Lordships in the Order concerning the rigging of Ships for the Defence of this Kingdom; and concerning the Second Part of the Message, they will send an Answer by Messengers of their own.
Message from the H. C. with the Ordinance for the Militia, with Amendments.
A Message was brought from the House of Commons, by Sir Walter Earle, Knight; who brought from the House of Commons the Ordinance of Parliament concerning the Militia, with some Amendments agreed upon by them; to which Amendments the House of Commons desires their Lordships Concurrence.
The said Ordinance, with the Amendments, were read presently; and it is Ordered, That this House agrees with the House of Commons in this Ordinance, with the Amendments now read.
The Answer returned to the Messengers of the House of Commons was:
Answer to the H. C.
That this House hath considered of the Ordinance and Amendments, and do agree to them.
A Message was brought from the House of Commons, by Mr. Strode:
Message from the H. C. for a Committee of both Houses to meet at Merchant Taylors Hall.
To let their Lordships know, that the House of Commons having received a Message, that their Lordships have appointed to adjourn this House till Friday next, at Nine of the Clock in the Morning; and that they have appointed their Committee to meet To-morrow, at Merchant Taylors Hall, at Nine a Clock; the House of Commons have adjourned their House till Friday next, at Nine a Clock, and have likewise Ordered their Committee to meet To-morrow, at Merchant Taylors Hall, with the same Power which their Lordships have given to their Committees.
A Petition of Mr. Attorney General was read, as followeth:
Attorney General's Petition about his Counsel.
"To the Right Honourable the Lords assembled in Parliament.
"The most humble Petition of His Majesty Attorney General:
"That, whereas, upon the 17th of this instant February, your Lordships were pleased to Order, That Mr. Lane, the Prince his Highness's Attorney, Mr. Recorder of London, Mr. Chute, Mr. Fountaine, Mr. Trevor, and Mr. Hales, should be of Counsel with your Petitioner, in his Cause depending before your Lordships, upon an Impeachment against him brought up from the Honourable House of Commons:
"May it please your Lordships, Mr. Lane, Mr. Fountaine, and Mr. Trevor, are out of Town; and of the Residue of the said Counsel your Petitioner is not sure, by reason of their own Occasions.
"Your Petitioner, therefore, in all Humbleness, beseecheth your Lordships, That Sir Tho. Bedingfeild, Knight, Mr. Herne, and Mr. Adams, may be assigned of his Counsel. And your Petitioner shall ever pray for your Lordships."
New Counsel assigned him.
Hereupon it is Ordered, That Sir Tho. Bedingfeild, Knight, Mr. Herne, and Mr. Adams, shall be added to such of Mr. Attorney's Counsel as have been already appointed by this House for him; and that the Cause shall be heard in this House on Monday next.
A Message was sent to the House of Commons, by Edward Leech and Doctor Bennett:
Message to the H. C. to acquaint them with the Day fixed for his Trial.
To let them (fn. 1) know, That whereas their Lordships had appointed Mr. Attorney General's Cause to have been heard on Friday next; now, upon the humble Petition of the Attorney, desiring some further Time, in regard his Counsel are out of Town, this House hath assigned Monday next for the Hearing of the said Cause.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 4m diem instantis Martii, hora 9a Aurora, Dominis sic decernentibus.