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 Martis, videlicet, 22 die Martii.
Commission and Instructions to the Commissioners for the Affairs of Ireland to be ingrossed.
Ordered, That the Clerk of the Crown do ingross the Commission and Instructions to the Commissioners for managing the Affairs of Ireland; and that he speedily send them to His Majesty, to be signed, and afterwards to be sealed with the Great Seal of England.
Several Lords deliver in their Commissions of Lieutenancy.
The Order of this House made Yesterday, upon the Report of the Committee for Petitions, in the Cause between Watkins and Warde, was read; and it was Resolved, upon the Question, That the said Order, as it was now read, shall be entered as an Order of this House.
Bowhey versus Pearsall.
Upon reading the Petition of Thomas Bowhey, concerning Sir John Pearsall; it is Ordered, That both this Petition, and such other Petitions as the said Bowbey hath now depending before the Lords in Parliament, are hereby referred to the Consideration of the Justice of Assize for the County of Stafford, to examine the Business, and to hear and determine the same.
A feigned Letter of Newton's, reflecting upon the Prince of Orange, to be burnt.
This House was informed, "That The States Ambassador doth complain of a scandalous feigned Letter printed, of one William Newton, one of the Gentleman Ushers unto the Lady Elizabeth, written from The Hague, dated the 18th of this Instant March, Stylo novo, 1641, unto his Brother, Francis Newton, Esquire, One of the Squires of the Body to His Majesty, which said Letter reflected much upon the Honour of the Prince of Orange, which the Ambassador is very sensible of, and desireth their Lordships to take the same into their speedy Consideration, for the suppressing and shewing their Lordships Dislike of the same:" Hereupon this House Ordered, That the aforesaid printed scandalous Paper shall be presently called in, and none hereafter suffered to be printed; and those which are now printed shall be burned, by the Hand of the common Hangman, in Cheapside; and that all possible Diligence and Care shall be used, to find out the true Author and Printer and Publisher of the said feigned and scandalous Letter.
Bill for asserting the Privileges lately broken.
The Lord Robartes, according to the Directions of this House, brought in a Draught of a Bill for vindicating and asserting the Privileges of Parliament, lately broken; which Bill the House received, and read.
Order to attach Bond, the Author of a supposed Letter from the Queen to Lord Digby.
Alsop the Printer sent for.
Ordered, That the Gentleman Usher attending this House shall attach the Body of John Bond, the Author and (fn. 1) Composer of a scandalous Pamphlet, being a supposed Letter to be written from the Queen to the Lord Digby, in Answer of his Letter to Her Majesty; and also to attach the Body of Bernard Alsopp, Printer of the said supposed Letter; and, being attached, they shall be brought (fn. 2) to this House, to answer their Offences.
Proceedings against Walker for scandalous Pamphlets, to be examined.
Gay the Printer released.
Bill to restrain Peers, made hereafter, from sitting in Parliament.
Sheriff Clarke, coucerning Lord Baltinglass's Arrest.
Whereas an Order was made, "That Sir George Clarke, Knight, one of the Sheriffs of the City of London, should attend this House this Day, to give Account why the Lord Viscount Baltinglasse, being His Majesty's Servant, and arrested contrary to the Privilege of Parliament, was not released according to the Order of this House;" the said Sheriff being come, he was called in; and the Speaker demanded of him a Reason why he refused to release the Lord Viscount Baltinglasse from his Arrest, according to the Order of this House.
To which the Sheriff answered, "That the said Lord Viscount Baltinglasse was never in his Custody, but in the Custody of the Serjeant that arrested (fn. 3) him; and that he told the Serjeant on Saturday Night that he should release him upon his Peril."
The Serjeant, being called in, submitted to their Lordships Order; but, because it was a great Debt for which the Lord Viscount Baltinglasse was arrested, and he being in his Custody, and so may be troubled by the Creditors for releasing him, he desired their Lordships Consideration of him herein, that he might have an Order of this House for his Indemnity.
Lord Baltinglass released.
Hereupon this House Ordered, That the said Lord Viscount Baltinglasse shall be released of and from his present Restraint, or Imprisonment, in the Custody of the Serjeant, being arrested contrary to the Privilege of Parliament; and that Sir George Clarke, Sheriff, and the Serjeant, or whom else it concerns, shall (by virtue of this Order) be freed and discharged of any Trouble, Suit, or Molestation, that shall happen to them by the Discharge of the said Lord Viscount Baltinglasse, by this Order.
Justice Berkley Leave to take the Air.
Ordered, That Mr. Justice Berckley shall (by virtue of this Order) have free Liberty to go to Church, and likewise to go abroad to take the Air, in the Company of Sir George Clarke, Knight, One of the Sheriffs of the City of London, in whose Custody he now remains.
Bps. of Durhem and Cov. and Litch. to take the Air.
Ordered, That the Bishops of Durham and Coventry and Litchfeild shall (by virtue hereof) have free Liberty to go abroad, to take the Air, in the Company of the Gentleman Usher attending this House, in whose Custody they are.
Bill for exempting Four Shires from the Marches of Wales.
Ordered, That the Bill for the exempting of the Four Shires from the Jurisdiction of the Marches of Wales, shall be proceeded in the First Tuesday in Easter Term, being the Third of May, 1642, at this Bar; at which Time the Parties whom it concerns shall then be heard.
Serjeant Fynch Leave to be absent.
Message from the H. C. for a Conference on the Bill against Pluralities.
For sending the Message to the King that passed both Houses;
"2. The Message to be sent to the King was brought up, which hath passed both Houses already; and the House of Commons desires it may be speedily sent to the King, by Committees of both Houses; and, if their Lordships please to nominate their Committee, the House of Commons will appoint a proportionable Number of their House, to join with them.
and for the Lords Concurrence in an Order concerning Hull.
"3. A Draught of an Order was brought up, concerning Hull, wherein they desire (fn. 4) their Lordships Concurrence."
Conference concerning Pluralities.
Message to be sent to the King.
"Your Majesty's most loyal Subjects, the Lords and Commons in Parliament, cannot conceive that the Declaration, which Your Majesty received from us at Newmarket, was such as did deserve that Censure Your Majesty was pleased to lay upon us, (fn. 4) in that Speech which Your Majesty made to our Committees there, and in Writing to both Houses; our Address therein, being accompanied with Plainness, Humility, and Faithfulness, we thought more proper for the removing the Distraction of the Kingdom, than if we had then proceeded according to Your Majesty's Message of the 20th of January, by which Your Majesty was pleased to desire that we would declare what we intended to do for Your Majesty, and what we expected to be done for ourselves; in both which we have been very much hindered, by Your Majesty's Denial to secure us and the whole Kingdom by disposing the Militia, as we had divers Times most humbly petitioned; and we have not been altogether negligent of either, having lately made good Proceedings in preparing a Book of Rates to be passed, in a Bill of Tonnage and Poundage, and likewise the most material Heads of those humble Desires which we intended to make to Your Majesty, for the Good and Contentment of Your Majesty and Your People; but none of these could be perfected before the Kingdom be put into Safety by settling the Militia; and, until Your Majesty shall be pleased to concur with Your Parliament in these necessary Things, we hold it impossible for You to give the World, or Your People, such Satisfaction concerning the Fears and Jealousies, which we have expressed, as we hope Your Majesty hath already received, touching that Exception which You were pleased to take to Mr. Pym's Speech.
"As for Your Majesty's Fears and Doubts, the Ground whereof is from seditious Pamphlets and Sermons, we shall be as careful to endeavour the Removal, as soon as we shall understand what Pamphlets and Sermons are by Your Majesty intended, as we have been to prevent all dangerous Tumults; and, if any extraordinary Concourse of People out of the City to Westm. had the Face and Shew of Tumult and Danger in Your Majesty's Apprehension, it will appear to be caused by Your Majesty's Denial of such a Guard to Your Parliament as they might have Cause to confide in, and by taking into Whitehall such a Guard for Yourself as gave just Cause of Jealousy to the Parliament, and of Terror and Offence to Your People: We seek nothing but Your Majesty's Honour, and the Peace and Prosperity of Your Kingdoms; and we are heartily sorry we have such plentiful Matter of an Answer to that Question, whether You had violated our Laws; we beseech Your Majesty to remember, that the Government of this Kingdom, as it was in a great Part managed by Your Ministers before the Beginning of this Parliament, consisted of many continued, of many multiplied, Acts of Violation of Laws; and Wounds, whereof we were scarcely healed when the Extremity of all those Violations was far exceeded, by the late strange and unheard-of Breach of our Laws, in the Accusation of the Lord Kymbolton and the Five Members of the Commons House, and in the Proceedings thereupon, for which we have yet received no full Satisfaction.
"To Your Majesty's next Question, whether You have denied any Bill for the Ease and Security of Your Subjects, we wish we could stop in the Midst of our Answer, that, with much Thankfulness, we acknowledge that Your Majesty hath passed many good Bills, full of Contentment and Advantage to Your People; but Truth and Necessity enforceth us to add this, that, even in or about the Time of passing those Bills, some Design or other hath been a-foot; which, if it had taken Effect, would not only have deprived us of the Fruit of those Bills, but have reduced us to a worse Condition of Confusion than that wherein the Parliament found us.
"And if Your Majesty had asked us the Third Question intimated in that Speech, what we had done for Yourself, our Answer would have been much more easy, That we have paid Two Armies, wherewith the Kingdom was burthened the last Year, and have undergone the Charge of the War in Ireland at this Time, when, through many other excessive Charges and Pressures, whereby Your Subjects have been exhausted, and the Stock of the Kingdom very much diminished with great Mischiefs; and the Charges thereupon ensuing have been occasioned by the evil Counsels so powerful with Your Majesty, which have and will cost this Kingdom more than Two Millions, all which in Justice ought to have been borne by Your Majesty.
"As for that free and general Pardon Your Majesty hath been pleased to offer, it can be no Security to our Fears and Jealousies, for which Your Majesty seems to propound it, because they arise not from any Guilt of our own Actions, but from the evil Designs and Attempts from others.
"To this our humble Answer to that Speech, we desire to add an Information, which we lately received from the Deputy Governor of the Merchant Adventurers at Rotterdam, in Holland, That an unknown Person, appertaining to the Lord Digby, did lately solicit one James Henly, a Mariner, to go to Elesnore, and to take Charge of a Ship in the Fleet of the King of Denmarke there prepared, which he should conduct to Hull, in which Fleet, (fn. 5) he likewise said, a great Army was to be transported; and, although we are not apt to give Credit to Informations of this Nature, yet we cannot altogether think it fit to be neglected; but that it may justly add somewhat to the Weight of our Fears and Jealousies, considering with what Circumstances it is accompanied, of the Lord Digbye's preceding Expressions in his Letter to Her Majesty and Sir Lewis Dives, and Your Majesty's succeeding Course of withdrawing Yourself Northwards from the Parliament, in a Manner very suitable and correspondent to that evil Counsel.
"Which we doubt will make much deep Impression in the Generality of Your People; and therefore we most humbly advise and beseech Your Majesty, for the procuring and settling the Confidence of Your Parliament and all Your Subjects, and for the other important Reasons, concerning the Recovery of Ireland, and Securing this Kingdom, which have been formerly presented to Your Majesty, You will be graciously pleased, with all convenient Speed, to return to these Parts, and to close with the Counsel and Desire of Your Parliament, where You shall find their dutiful Affections and Endeavours ready to attend Your Majesty with such Entertainment as shall not only give Your Majesty just Cause of Security in their Faithfulness, but other manifold Evidences of their earnest Intentions and Endeavours to advance Your Majesty's Service, Honour, and Contentment, and to establish it upon the sure Foundation of the Peace and Prosperity of all Your Kingdoms."
Lord Willoughby of Earsby, and some Members of the H. C. to attend the King with it.
Ordered, That the Lord Willoughby of Earsby, with a proportionable Number of the House of Commons, shall attend the King, and present this Message to Him from both Houses of Parliament; and, if the said Lord Willoughby hath Occasion to stay behind for some Days upon his Return back, that then the Members of the House of Commons are to return the King's Answer.
Order to require Sir John Hotham not to admit Forces into Hull, without Order of both Houses.
"The Lords and Commons in Parliament do hereby Ordain, Order, and Require Sir John Hotham, Knight and Baronet, Governor of the Town of Hull, not to permit or suffer any Foreign Ships to come into that Harbour, before he do first carefully examine and enquire of what Force and Strength they are; and that he be well assured that they intend no Hurt to the Kingdom, not have Design upon that Place committed to his Charge: He is likewise required not to receive into the same any English or other Forces whatsoever, but those already appointed to be of the Garrison there, and such others as by the Wisdom and Authority of both Houses of Parliament shall be advised and directed to be received and kept, for the better Guard and Defence of the Town and Magazine therein remaining, for His Majesty's Service, and Security of the Kingdom; in the Doing whereof, the Mayor of the same Town, and all other His Majesty's Officers and Subjects, are commanded to be aiding and assisting unto him, as they will answer the contrary at (fn. 6) their Peril."
Answer to the H. C.
Message to the H. C. with the Order for securing Bullion of Merchant Strangers.
Bill for asserting Privileges of Parliament, lately broke.
Message from the H. C. concerning Six Priests condemned.
For the Lords to subscribe to the Adventure for Ireland;
"2. To let their Lordships know, that divers Members of the House of Commons have expressed their good Affections to the reducing of the Kingdom of Ireland, and subscribed to the Adventure; the House of Commons desire their Lordships would please to give that good Example as to subscribe to the Adventure for Ireland, which will be a great Encouragement to others to do the like.
and to sit P. M.
Answer to the H. C.
Sir Philip Carteret's Business about Jersey.
Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 22m diem instantis Martii, hora 2a, Dominis sic decernentibus.
Answer from the H. C. about Bullion.
Bills sent to the H. C.
To deliver to the House of Commons Two Bills, with some Amendments and Provisos; the First, concerning Sir Francis Popham's Estate; and the other, concerning the Forfeiture of the Estate of John James; desiring the House of Commons to join with this House in the said Amendments and Provisos.
Earl of Peterborough's Petition against Lord Mounson.
The Petition of the Earl of Peterborough was read; shewing, "That there is a Commission issued out of the Court of Wards, for setting out the Bounds of ancient Land, between his Lordship and the Lord Mounson; but, in regard the said Lord Mounson is a Member of the House of Commons, there can be no further Proceedings in the Business, without Breach of the Privilege of the House of Commons; and, unless the Earl of Peterborough do now take the Testimony and Examinations of some Witnesses, that are very aged Men, who know the Bounds and the Limits of the Lands in Question, his Lordship will be very much prejudiced in Case they should die, and in Hazard to lose his Inheritance; all which he leaves to the Consideration of this House."
Committee to consider of it.
Hereupon the House, taking the aforesaid Petition of the Earl of Peterborough into Consideration, appointed these Lords Committees following, to consider what is fit to be done in this Business, for the Relief of the Earl of Peterborough, without Breach of the Privilege of the House of Commons: videlicet,
Ds. Willoughby de Parham.
Their Lordships, or any Two, to meet when (fn. 7) they please.
The Lord Admiral informed this House, "That, according to their Lordships Command, he employed a discreet Person to go into France, to discover what Preparations were made upon the French Coasts near us;" which was read, as followeth:
Relation of Preparations making in France.
"The Rendezvous of the Fleet is at Brest; Monsieur de Bressill is General and Admiral of the Sea Forces; the Commandeur des Goutes Vice-Admiral; the Fleet consists of Five and Twenty Sail of Men of War, Eight Fire Ships, Three great Dutch Prames to carry Victuals, and One Hospital Ship to put in their sick People; the Admiral Ship is called the St. Lewis, Burthen One Thousand Tuns or thereabouts, Ordnance 44, Men 500; the Vice Admiral and Rear Admiral, called The Virgin and The Triumph, Eight Hundred Tuns, 40 Guns, and 400 Men each; Five other Ships (whereof Two of them are Galleons), Burthen from 450 to 600 Tuns; Seven others are from 200 to 300 Tuns; the rest are small Pinnaces; they are all victualed for Six Months, except Drink, which they have but for Four Months; Seven of them are set out from Newhaven, and Two from Rochell, which were not arrived at Brest the 4th of this Instant, but were expected daily; the whole Fleet will be ready to set Sail about the latter End of this Month of March; they do give out that they go for Marseilles, to join with another Fleet which the French have there; they have not taken in any Land Soldiers more than for the Use of their Ships, nor any Materials for Land Service, except some small Quantity of Wheel-barrows and Pickaxes.
"As for Land Forces, they have pressed and taken up Six Thousand Soldiers in Brittany, which, they say, are to be shipped in St. Malo, to be transported for Calois, with Three Months Victuals; and to that Purpose all the Shipping, both French and others, are stayed in St. Malo. Gastion is likewise drawing down his Army into Normandy, which consists of Fifteen Thousand Horse and Foot; they say; it is to refresh themselves, until they be commanded upon some Service.
"There are at this present Two Irish Barks at Newhaven, which came there laden with Merchants Goods; but I could not learn what they intended to take in, for they were not ready to receive their Lading when I came away, which was the Eleventh of this Month. There is also one Dorcy, an Irishman, that lives in St. Malo, which hath bought Two Hundred Tuns of Corn at St. Brien, in Brittany, to be transported into Ireland."
The Person that made this Information to be rewarded.
This being read; it was Ordered, That this Paper shall be communicated to the House of Commons; and to let them know, that this House thinks it fit that the Person that made this Discovery, and was employed in this Business by Order of this House, and hath been at Expences in the said Travail, that he should be rewarded for his Pains in this Business; and their Lordships do conceive it fit that it be left to the Lord Admiral, to do herein as he shall think fit.
Message from the H. C. with the following Particulars.
A Vote, that controverting an Order of both Houses is a Breach of Privilege.
"That, when the Lords and Commons in Parliament shall declare what the Law of the Land is, to have this not only questioned and controverted, but contradicted, and a Command that it be not obeyed, is a high Breach of the Privilege of Parliament."
(Vide the List Names of Deputy Lieutenants.)
"2. A List of the Names of the Deputy Lieutenants of the several Counties of England and Wales, which have been approved of by the House of Commons, was brought and read; wherein they desire their Lordships Concurrence."
Lords Lieutenants to make Deputations to their Deputies.
"3. The House of Commons desire that the Lords Lieutenants may presently make Deputations to their Deputy Lieutenants, according to the Ordinance of both Houses of Parliament for settling the Militia."
Committee to prepare a Form of a Commission to be given by Lords Lieutenants to Deputy Lieutenants.
Ordered, That a Committee of Lords be appointed, to consider and prepare a Form of an Ordinance of both Houses of Parliament, to be given to the Lords Lieutenants; and also of a Form of a Commission which is to be given by the Lords Lieutenants to the Deputy Lieutenants, according to the Ordinance of both Houses of Parliament; and to present the same to the House.
The L. Keeper.
L. Visc. Say & Seale.
Ds. Howard de Est.
Whether the old Lords Lieutenants have brought in their Commissions.
Orders for the old Commissions of Lieutenancy to be brought in.
Ordered, That the Earl of Lindsey shall bring in his Commission of Lieutenancy for the County of Lyncolne by Saturday come Sevennight; and his Lordship is allowed Twenty Days to go fetch (fn. 8) it.
The Earl of Bedford,
The Lord Strange, and
|Said, "They had sent for their Commissions, and they should be brought in speedily."|
Ordered, That the Earl of Newcastle, the Earl of Dorsett, Earl of Cumberland, the Bishop of Durham, the Lord North, and the Lord Herbert, be sent to bring in their Commissions of Lieutenancy, according to the Order of both Houses.
Ordered, That the Clerk of the Parliament do attend the Lord Marquis of Hertford this Evening, to know his Resolution, whether he will accept of being Lord Lieutenant for the County of Som'sett, according to the Ordinance of both Houses of Parliament; and to let his (fn. 8) Lordship know, that this House expects he should forthwith bring in his Commission of Lieutenancy for the said County; and likewise to attend the Earl of Bridgewater, to know his direct Answer by To-morrow Morning, concerning the sending in his Commission of Lieutenancy.
Lords Lieutenants who have not sent the Names of their Deputies to the H. C.
"5. The House of Commons desires their Lordships to receive an Account of those Lords Lieutenants as have not sent down the Names of their Deputy Lieutenants to the House of Commons, and why they have not done it, according to the Ordinance for the Militia; especially no Deputy Lieutenants are sent in for these Counties:
"Kestaven, Com. Lyncolne,
Answers of those Lords Lieutenants.
Message to the H. C. that the Messengers to the King may go Post;
to deliver the Information of Preparations in France, and to desire the Person may be rewarded.
2. To deliver to them the Paper of the Information of the Preparations that are made in France, in the Countries towards our Coasts; and to let them know, that this House thinks it fit that the Person employed by the Lord Admiral be rewarded for his Expences and Travail, which their Lordships conceive best to be left to the Lord Admiral, and desire Concurrence herein with this House.
Earl of Danby versus Sir Wm. St. Ravy.
To send into Ireland for Examinations concerning the Rebellion.
Ordered, That this House joins with the House of Commons, to send into Ireland, to the Lords Justices in Ireland, to send to this Parliament the Examinations, or the Transcripts of such Examinations, as have been taken there, concerning the Rebellion in Ireland.
Answer from the H. C.
That the House of Commons have Ordered, That their Members, which go to the King with the Petition, shall ride Post; and that they have delivered the Paper to the House of Commons, with those Directions, as they were commanded.
Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 23m diem Martii, 1641, hora nona Aurora, Dominis sic decernentibus.