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 Lunæ, videlicet, 7 die Martii.
Answer from the H. C. about a Conference concerning Proofs of some Particulars in the Declaration.
Doubts to be propounded at this Conference.
The Declaration is to be read at this Conference; and, if any Lord doubt of any Particular, if he propound his Doubt, then the House of Commons are to produce such Proofs as they have to maintain; but no Debate is to be at this Conference, being only to hear; all Dispute to be respited till the Lords come into the House, and take the Particulars into Consideration.
Commission of Lieutenancy brought in.
The Earls of Essex,
|This Day brought in their Commissions of Lieutenancy.|
Mr. Sydenham concerning Lands in Derbyshire.
Upon the humble Desire of Edward Sydenham, Esquire, made this Day unto the House, "That he (in his own Particular touching some Lands of his, lying in a Forest or Chace, divided into the Wards or Commons, called Holland, Cheven, and Belparr Wards, in the County of Derby) might take the Benefit of a Public Order of this House, dated the 13th of July 1641, touching quiet Possessions;" it is Ordered, That the said Mr. Sydenham shall have a Copy of the said Order delivered him, under the Clerk of the Parliament's Hand; and that he may make the same Benefit and Use of it as though it had been made in his own particular Case.
Sir William Killegrew for quieting his Possessions in Lincolnshire.
Ordered, That Sir William Killegrewe, Knight, shall have a Copy of the General Order touching Possessions, being made the 13th of July last, to be dated this present 7th of March, and directed to the present Sheriff of Lincolneshire.
Declaration of both Houses about Fears and Jealousies.
"Although the Expressions in Your Majesty's Message of the Second of this Instant March, doth give just Cause of Sorrow to us Your faithful Subjects, the Lords and Commons in Parliament; yet it is not without some Mixture of Confidence and Hope, considering they proceeded from the Mis-apprehensions of our Actions and Intentions, which, having no Ground of Truth or Reality, may by Your Majesty's Justice and Wisdom be removed, when Your Majesty shall be fully informed that those Fears and Jealousies of ours, which Your Majesty thinks to be causeless, and without any just Ground, do necessarily and clearly arise from those Dangers and Distempers into which the mischievous and evil Counsels about You have brought this Kingdom; and that those other Fears and Jealousies, by which, Your Favour, Your Royal Presence, and Confidence have been withdrawn from Your Parliament, have no Foundation or Subsistance in any Action, Intention, or Miscarriage of ours, but are merely grounded upon the Falsehood and Malice of those, who, for the supporting and somenting their own wicked Designs, against the (fn. 1) Religion and Peace of the Kingdom, do seek to deprive Your Majesty of the Strength and Affection of Your People, them of Your Grace and Protection, and thereby to subvert both Your Royal Person and the whole Kingdom to Ruin and Destruction.
"To satisfy Your Majesty's Judgement and Conscience in both these Points, we desire to make a clear and free Declaration of the Causes of our Fears and Jealousies, which we offer to Your Majesty in these Particulars:
"1. That the Designs of altering Religion, in this and in Your other Kingdoms, hath been potently carried on by those in greatest Authority about You for divers Years together; the Queen's Agent at Rome, and the Pope's Agent or Nuncio here, are not only Evidences of this Design, but have been great Actors in it.
"2. That the War with Scotland was procured to make War for this Intent, and chiefly incited and fomented by the Papists, and others Popishly affected, whereof we have many Evidences, especially their free and general Contribution to it.
"That the Rebellion in Ireland was framed and contrived here in England, and that the English Papists should have risen about the same Time, we have se veral Testimonies and Advertisement from Ireland; and that it is a common Speech among the Rebels, wherewith concur other Evidences and Observations of the suspicious Meetings and Consultations; the tumultuary and seditious Carriage of those of that Religion in divers Parts of this Kingdom, about the Time of the breaking out of the Irish Rebellion; the Deposition of O'Connelly; the Information of Mr. Cole, Minister; the Letter of Tristram Whetcombe; the Deposition of Tho. Crant, and many others which we may produce, do all agree in this; the public Declaration of the Lords, Gentlemen, and others, of The Pale, that they would join with the Rebels, whom they call the Irish Army, or any other, to recover unto His Majesty His Royal Prerogative, wrested from Him by the Puritan Faction in the Houses of Parliament in England, or to maintain the same against all others; as also to maintain Episcopal Jurisdiction, and the Lawfulness thereof; these Two being the Quarrels upon which His Majesty's late Army in the North should have been incensed against us.
"The great Cause we have to doubt, that that late Design, styled, The Queen's Pious Intention, was for the Alteration of Religion in this Kingdom; for Success whereof the Pope's Nuncio, the Count Rosetti, enjoined Fasting and Praying to be observed every Week by the English Papists, which appeared to us by one of the Original Letters, directed by him to a Priest in Lancashire.
"That the Prey or Booty which they take from the English they mark with the Queen's Mark; that their Purpose was to come to England after they had done in Ireland; and sundry others, especially in the aforementioned Letter from Tristram Whetcomb, the Mayor of Kinsale, to his Brother Benjamin Whetcombe, wherein there is this Passage, That many other strange Speeches they utter about Religion and our Court of England, which he dares not commit to Paper.
"The manifold Attempts to provoke Your Majesty's late Army, and the Army of the Scotts, and to raise a Faction in the City of London, and other Parts of the Kingdom; that those who have been Actors in those Businesses have had their Dependance, their Countenance, and Encouragement from the Court: Witness the Treason whereof Mr. Germyn and others stand accused, who was transported beyond Sea, by Warrant under Your Majesty's Hand, after Your Majesty had given Assurance to Your Parliament, that Your Majesty had laid a strict Command upon all Your Servants, that none of them should depart from Court; and that dangerous Petition delivered to Captain Legg, by Your Majesty's own Hand, accompanied with a Direction signed with C. R.
"The false and scandalous Accusation against the Lord Kymbolton, and the Five Members of the House of Commons, tendered to the Parliament by Your Majesty's own Command, endeavoured to be justified in the City by Your own Presence and Persuasion, and to be put in Execution upon their Persons by Your Majesty's Demand of them in the House of Commons, in so terrible and violent a Manner as far exceeded all former Breach of Privileges of Parliament acted by Your Majesty, or any of Your Predecessors; whatsoever Your own Intentions were, divers bloody and desperate Persons, which attended Your Majesty, discovered their Affections and Resolutions to have massacred and destroyed the Members of that House, if the Absence of those Persons accused had not, by God's Providence, stopped the giving of that Word which they expected, for the setting them upon that barbarous and bloody Act.
"The Listing of so many Officers, Soldiers, and others, putting them into Pay, and under Command of Colonels, feasting and caressing them in an unusual Manner at Whitehall, thereby maintaining them in the violent Assaults and other Injuries, which they offered to divers of Your Subjects coming that Way in a lawful and peaceable Manner; the carrying them out of Town, after which they were told by the Lord Digby that the King removed on Purpose that they might not be trampled in the Dirt, and keeping them so long in Pay, endeavouring to engage the Gentlemen of the Inns of Court in the same Course, the plotting and designing of a perpetual Guard about Your Majesty, the labouring to infuse into Your Majesty's Subjects an evil Opinion of the Parliament through the whole Kingdom, and other Symptoms of a Disposition of raising Arms, and dividing Your People by a Civil War, in which Combustion Ireland must needs be lost, and this Kingdom miserably wasted and consumed, if not wholly ruined and destroyed.
"That, after a Vote had passed in the House of Commons, declaring that the Lord Digby (fn. 2) had appeared, in a Warlike Manner, upon Kingston-upon-Thames, to the Terror and Fright of Your Majesty's good Subjects, and Disturbance of the public Peace of the Kingdom, and that therefore the Lords should be moved to require his Attendance; he should nevertheless be of that Credit with Your Majesty as to be sent away, by Your own Warrant to Sir John Pennington to land him beyond the Sea, from whence he vented his own traiterous Conceptions, that Your Majesty should declare Yourself, and retire to a Place of Strength in this Kingdom, as if Your Majesty could not be safe among Your People; and withall took that transcendent Boldness to write unto the Queen, offering to entertain Correspondency with Her Majesty by Cyphers, intimating some Service which he might do in those Parts, for which he desired Your Majesty's Instructions; whereby, in Probability, he intended the procuring of some Foreign Force, to strengthen Your Majesty in that Condition to which he would have brought You; which false and malicious Counsel and Advice, we have great Cause to doubt, made too deep an Impression in Your Majesty, considering the Course You are pleased to take of absenting Yourself from Your Parliament, and carrying the Prince with You, which seems to express a Purpose in Your Majesty to keep Yourself in a Readiness for the acting of it.
"The manifold Advertisements which we have had, from Rome, Venice, Paris, and other Parts, that they still expect that Your Majesty has some great Design in Hand, for the altering of Religion, the breaking the Neck of Your Parliament, that You will yet find Means to compass that Design, that the Pope's Nuncio hath solicited the Kings of France and Spaine to lend Your Majesty Four Thousand Men a-piece, to help to maintain Your Royalty against the Parliament; and this of Foreign Force, as it is the most pernicious and malignant Design of all the rest, so we hope it is, and shall always be, farthest from Your Majesty's Thoughts, because no Man can believe You will give up Your People and Your Kingdom to be despoiled by Strangers, if You did not likewise intend to change both Your Profession in Religion and the public Profession of the Kingdom, that so You might still be more assured of those Foreign States of the Popish Religion, for Your future Support and Defence.
"These are some of the Grounds of our Fears and Jealousies, which made us so earnestly implore Your Royal Authority and Protection, for our Defence and Security, in all the Ways of Humility and Submission; which being denied by Your Majesty, seduced by evil Counsel, we do, with Sorrow for the great unavoidable Misery and Danger which thereby is like to fall upon Your own Person and Your Kingdoms, apply ourselves to the Use of that Power, for the Security and Defence of both, which, by the funda mental Laws and Constitutions of this Kingdom, resides in us; yet resolving to keep ourselves within the Bound of Faithfulness and Allegiance to Your Sacred Person and Your Crown; so as, to the Second Sort of Jealousies and Fears of us expressed by Your Majesty we shall give a shorter, but as true and as faithful an Answer.
"Whereas Your Majesty is pleased to say, That, for Your Residence near the Parliament, You wish it might be so safe and honourable that You had no Cause to absent Yourself from Whitehall; this we take as the greatest Breach of Privilege of Parliament that can be offered, as the heaviest Misery to Yourself, and Imputation upon us, that can be imagined, and the most mischievous Effect of evil Counsels; it roots up the strongest Foundation of the Safety and Honour which the Crown affords; it seems, as much as may be, to cast upon the Parliament such a Charge as is inconsistent with the Nature of that Great Council, being the Body whereof Your Majesty is Head; it strikes at the very Being both of King and Parliament, depriving Your Majesty, in Your own Apprehension, of their Fidelity, and them of Your Protection, which are the mutual Bands and Supports of Government and Subjection.
"We have, according to Your Majesty's Desire, laid our Hands upon our Hearts; we have asked ourselves in the strictest Examination of our Consciences; we have searched our Affections, our Thoughts; considered our Actions; and we find none that can give Your Majesty any just Occasion to absent Yourself from Whitehall and the Parliament; but that You may with more Honour and Safety continue there than in any other Place.
"Your Majesty lays a general Tax upon us; if You will be graciously pleased to let us know the Particulars, we shall give a clear and satisfactory Answer; but what Hope can we have of ever giving Your Majesty Satisfaction, when the Particulars, which You have been made believe were true, and being produced and made known to us, appeared to be false, and Your Majesty notwithstanding will neither punish nor produce the Authors, but go on to contract new Jealousies and Fears, upon general and uncertain Grounds, affording us no Means or Possibility of particular Answer, to the clearing of ourselves? for Proof whereof we beseech Your Majesty to consider these Instances:
"The Speeches alledged to be spoken in a Meeting of divers Members of both Houses at Kensington, concerning a Purpose of restraining the Queen and Prince, which afterwards was denied and disavowed; yet Your Majesty refused to name the Authors, though humbly desired by both Houses.
"The Report of Articles framed against the Queen's Majesty, given out by some of near Relation to the Court; but, when it was publicly and constantly disclaimed, the Credit seemed to be withdrawn from it; but the Authors, being kept safe, will always be ready for Exploits of the same Kind, wherewith Your Majesty and the Queen will be often troubled, if this Course be taken to cherish and secure them in such wicked and malicious Slanders.
"The heavy Charge and Accusation of the Lord Kymbolton, and the Five Members of the House of Commons, who refused no Trial or Examination, which might stand with the Privilege of Parliament; yet no Authors, no Witnesses produced, against whom they may have Reparation for the great Injury and Infamy cast upon them, notwithstanding Three several Petitions of both Houses, and the Authority of Two Acts of Parliament vouched in the last of those Petitions.
"We beseech Your Majesty to consider in what State You are; how easy and fair a Way You have to Happiness, Honour, Greatness, Plenty, and Security, if You will join with the Parliament and Your faithful Subjects, in Defence of the Religion and public Good of the Kingdom; this is all we expect from You; and for this we shall return to You our Lives, Fortunes, and uttermost Endeavours to support Your Majesty, Your just Sovereignty, and Power over us; but it is not Words that can secure us, in these our humble Desires: We cannot but too well and sorrowfully remember what Gracious Messages we had from You this Summer, when, with Your Privity, the bringing up of the Army was in Agitation: We cannot but with the like Affections re-call to our Minds how, not Two Days before You gave Directions for the above-mentioned Accusation, and Your own coming to the Commons House, that House received from Your Majesty a Gracious Message, that You would always have Care of their Privileges as of Your own Prerogative, of the Safety of their Persons as of Your own Children: That which we expect, which will give us Assurance that You have no Thought but of Peace and Justice to Your People, must be some real Effect of Your Goodness to them, in granting those Things, which the present Necessity of the Kingdom do inforce us to desire; and, in the First Place, that Your Majesty will be graciously pleased to put from You those wicked and mischievous Counsellors, which have caused all these Dangers and Distractions, and to continue Your own Residence and the Prince's near London and the Parliament, which we hope will be a happy Beginning of Contentment and Confidence betwixt Your Majesty and Your People, and be followed with many succeeding Blessings of Honour and Greatness to Your Majesty, and of Security and Prosperity to them."
To be presented to the King.
Protest against it.
The L. Gr. Chamberlain.
Ds. Willoughby de Earsby.
Ds. De Grey.
Ds. Howard De Charlton.
No Copies of the Declaration to be delivered out.
Message to the H. C. that the Lords agree to the Declaration.
Message from the H. C. for the Declaration about Fears and Jealousies to be presented to the King.
Hereupon the House appointed these Lords following to attend the King, with the Declaration; and are to set forward To- (fn. 3) morrow Morning: videlicet,
Committee to present it.
Answer to the H. C.
That this House hath appointed Four Lords to attend the King, with the Declaration; and their Lordships do desire, that the House of Commons would appoint a proportionable Number of their House to join with them.
Commissions of Array to be brought in.
Provision of Powder.
Riot in The King's Bench Prison.
The Sheriff of the County of Surrey was called; and having (fn. 3) made a Narrative of the Manner of the Riot in Southwarke, at The King's Bench, he withdrew; and this House Ordered, That the said Sheriff shall be dismissed from any further Attendance concerning this Business; and that the Parties that were Actors in this Business shall be proceeded in according to Law.
A Letter to the Lord Lieutenant of Ireland, from the Council there.
A Letter was read, directed to the Lord Lieutenant of Ireland, from the Council of Ireland, dated the 22d February 1641, mentioning, "That one Mr. Wisehart, Son of Sir John Wisehart, should report some scandalous Words to the Lord Blany and Captain Perkins, concerning the Earl of Ormond, as if he should give Intelligence to the Rebels of the Proceedings of the Lords Justices and Council against them."
Wisehart and Perkins to be examined, for Words against the Earl of Ormond.
Therefore, to vindicate the Honour of the Earl of Ormond, this House Ordered, That the said Mr. Wiseharte and Captain Perkins shall be summoned to appear presently before this House; and, upon Examination of the Business, this House will proceed according to Justice.
Another Letter concerning Sir Phelim O'Neale, &c.
Another Letter was read, directed to the Lord Lieutenant, from the Council of Ireland, dated the 27th of February. The chief Particulars were: "That Sir Phelim O'Neale stiles him Earl of Tyron: That Sir Richard Greenvile and Captain Muncke are arrived at Dublin, with Fifteen Hundred Foot and Four Hundred Horse: That there is there great Want of Money, the Soldiers being Seventeen Weeks behind in Pay; also the great Want of Corn and Provisions, both for Men and Horse; desiring that Arms and Cloaths for the Soldiers may be speedily sent, and more Men."
Sir Phelim O'neal's Pass, to J. Greir.
"Whereas we are pleased to take into our Protection the Bearer hereof, John Greir; we therefore pray all our Colonels, Captains, and other inferior Officers of our Armies, and all others to whom these Presents shall happen to come, to suffer and permit the said John Greir to pass and re-pass, about his and our lawful Affairs, he behaving himself soberly and honestly, without his taking up Arms against us; which we require all the aforesaid Officers to take Notice of this our Warrant, as ye or any of you will answer to the contrary. Given at Ardmagh, this 14th of November 1641.
Message from H. C. to sit a while.
Message from the H. C. about the Receipt of Subscription Monies.
To desire their Lordships to join with them in an Order, appointing certain Persons to be Receivers and Treasurers of the Money which will come in upon the Subscription for the Adventure of Ireland; and also to agree with the House of Commons in a Form of a Receipt, which the Receivers are to give for the said Monies:
Order to appoint Receivers of the Subscription Monies.
"It is this Day Ordered by the Lords and Commons in Parliament, That John Warner, John Towse, Thomas Andrewes, Aldermen, and Laurence Halsteed, Esquire, or any Two of them, shall receive all such Subscriptions, and Sums of Money, as shall be subscribed and paid in, according to the Printed Propositions made for the speedy reducing of the Rebels of Ireland, and assented unto by His Majesty and both Houses of Parliament; and are daily to attend that Service at the Chamber of London, from Eight of the Clock till Eleven in the Forenoon, and from Two of the Clock till Five in the Afternoon; and it is further Ordered, That this Order shall be forthwith printed and published."
Message from the H. C. with a Letter and Examinations concerning the Earl of St. Albans.
To deliver to their Lordships a Letter, sent from Plimouth, and an Examination concerning the Earl of Saint Albanes; and that, upon (fn. 4) Sight hereof, the House of Commons have withdrawn their Order of granting Leave to transport the Earl of St. Albanes Arms from hence into Ireland; and they desire their Lordships would withdraw their Order likewise.
A Letter from the Mayor of Plymouth, concerning the Earl of St. Albans.
The Letter was read, written from Thomas Cerly, Mayor, dated at Plimouth, the 4th of March, the Effect was: "A Ship is stayed going for Ireland, wherein are Arms for Horse, which belong to the Earl of St. Albanes."
Also an Information was read, of one Marke Pagett, lately come out of Ireland, taken before the Mayor of Plymouth, the 4th of March 1641, the Effect was: "That he heard, when he was in Ireland, that the Earl of St. Albanes was gone out to the Rebels."
Answer to the H. C.
Message to the H. C. for a Conference about this Business.
And, after Consideration of the aforesaid Message, this House Resolved, To have a Conference with the House of Commons, and to give them these Reasons following why they think it not fit to stay the Arms of the Earl of St. Albanes:
The Lords Reasons for not staying the Earl of St. Albans's Arms.
Message from the H. C. with the Commission for the Marquis of Argyle, with Amendments.
A Message was brought from the House of Commons by Mr. Hampden; who brought up the Commission to be given to the Marquis of Argyle, to carry Men for the Service of Ireland; and that the Scotts Commissioners desire that some Amendments might be made therein; to which the House of Commons have agreed, and desires their Lordships Concurrence therein.
The Amendments being (fn. 4) read, this House agreed with the House of Commons thereunto.
To be prepared for the Great Seal.
Message from the H. C. with
To present to their Lordships Considerations some Reasons, which the House of Commons think fit to be delivered to the King, either in Writing or by Word of Mouth, by those Messengers that are to go (fn. 5) to the King with the Declaration.
Reasons to be delivered to the King, by the Messengers who carry the Declaration against Fears and Jealousies.
"That your Majesty's Return, and Continuance near the Parliament, is a Matter, in their Apprehension, of so great Necessity and Importance, towards the Preservation of Your Royal Person and Your Kingdoms, that they cannot think they have discharged their Duties in the single Expression of their Desires, unless they add some further Reasons to back it with:
"3. That it will much weaken and withdraw the Affection of the Subject from Your Majesty, without which a Prince is deprived of His chiefest Strength and Lustre, and left naked to the greatest Dangers and Miseries that can be imagined.
"These Considerations threaten so great Danger to Your Majesty's Person, and to all Your Dominions, that, as Your Majesty's Great Council, they hold it necessary to represent to You this their faithful Advice, that so, whatsoever followeth, they may be excused before God and Man."
To be delivered with the Declaration.
Ordered, That this House agrees with the House of Commons, that these Reasons shall be presented to the King in Writing, by those Messengers of both Houses that deliver the Declaration to His Majesty; and to be as an Addition to the Declaration.
Answer to the H. C.
That this House agrees with the House of Commons in these Reasons now brought up; and have appointed that the Messengers that present the Declaration to the King shall likewise deliver these Reasons to Him.
Cause of the Attorney General to be proceeded in.
Message to the H. C. to acquaint them with it.
Lord Keeper Leave to be Absent, and the Earl of Leicester Speaker in his Place.
The Lord Keeper, being not well, desired the House would give him Leave to go to his own House; which being granted, the Earl of Leycester, Lord Lieutenant of Ireland, was appointed to be Speaker for this Day.
Answer from the H. C.
Order for Serjeant Major Hammond, etc. to recruit their Companies for Holland.
Ordered, That Serjeant Major Hamond, Captain Throgmorton, and Captain Loyd, shall be permitted to entertain, and transport into The Low Countries, for the Supply of their own particular Companies there, and for the Service of The States of the United Provinces, the Number of Thirty Men apiece, Voluntiers, by Way of Recruits, according to former Liberty granted by His Majesty and the Parliament, for the supplying of other Companies in the like Kind.