House of Lords Journal Volume 4: 23 March 1642

Pages 664-666

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, 23 die Martii.


The Lord Chief Justice of the Common Pleas was appointed to be Speaker this Day.

Sir Thomas Cary's Cause.

Ordered, That the Committee for Sir Tho. Carie's Business shall meet on Friday next, in the Painted Chamber, at Two of the Clock in the Afternoon.

Hatfield Level Bill.

Ordered, That the Committee for the Bill concerning Hatfeild Levell shall meet on Tuesday next, at Two of the Clock in the Afternoon, in the Painted Chamber.

Bill for avoiding Actions in some Cases.

Hodie 2a vice lecta est Billa, An Act for the avoiding of Actions in some Cases.

Committed to these Lords following:

Comes Bathon.
Comes Leycester.
Comes Bollingbrooke.
Comes Dover.
Ds. Pagett.
Ds. Kymbolton.
Mr. Justice Crawley and
Mr. Baron Weston,
Ds. Chandois.
Ds. Brooke.
Ds. Grey de Warke.
Ds. Howard de Esc.
Ds. Capell.

Their Lordships, or any Three, to meet on Wednesday next, at Two of the Clock, in the Painted Chamber.

E. of Dorset's Commission for Middlesex brought in.

The Earl of Dorsett this Day delivered in his Commission of Array for the County of Midd.

Petition of the Admiralty of Amsterdam, concerning a Ship upon our Coast.

Upon reading the Petition of the Admiralty of Amsterdam, shewing, "That, by Extremity of foul Weather, a Ship of War of theirs was driven into a Harbour towards the Irish Coast, and sprung a Leak; they desire Leave to carry off their Brass and Iron Ordnance, being Twenty-six Pieces, with the Ammunition, Powder, and Sails, etc." It is Ordered, That the said Petition, and the whole Business therein contained, shall be hereby referred to the Right Honourable the Lord High Admiral of England, to hear and determine the Cause.

The House of Commons being come in the Painted Chamber, ready for a Conference touching the Bill against Pluralities; the Lord Robartes was appointed to report this Conference; and then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lords returned, and the House was resumed.

The Lord Robartes reported the Conference, to this Effect:

Report of the Conference concerning the Bill against Pluralities.

"That the House of Commons have returned to their Lordships the Bill against Pluralities, with some Amendments sent down from this House, wherein the House of Commons agrees with this House in some of the Alterations, and in other Places they adhere to the Words in the Bill."

Hereupon the Amendments were read; and this House Ordered, That the said Bill, with the Amendments and Alterations, shall be re-committed to the select Committee formerly appointed for this Bill, who are to meet this Afternoon, at Two of the Clock, in the Painted Chamber, and report the same to this House.

Lady Slingsby versus Sir Faithful Fortescue.

It was moved, "That an Addition might be added to the Order made by this House, in the Cause between the Lady Slyngsby and Sir Faithfull Fortescue." And, upon the Question, it was Resolved negatively.

E. of Warwick excused.

The Earl of Warwick is excused for being absent this Day.

Committee to prepare a Form of a Commission to be given by the Lords Lieutenants to their Deputies.

Ordered, That the Committee appointed for the drawing of the Form to be given to the Lords Lieutenants, and the Form of Deputations to Deputy Lieutenants, according to the Ordinance of both Houses for the settling of the Militia, do meet this Afternoon, and consider of the same, and present them to this House as soon as they can.

Bill for asserting Privileges lately broken.

Next, this House was adjourned into a Committee during Pleasure, to debate the Bill, intituled, "An Act for asserting of some Privileges, lately broken; and to prevent the breaking thereof in Time to come:" And, after a long Debate, the House was resumed; and the said Bill was re-committed to these Lords following, to consider further of it, and report the same to this House: videlicet,

L. Admiral.
Comes Bathon.
Comes Pembrooke.
Comes Bristoll.
Comes Holland.
Comes Clare.
Comes Dover.
Comes Portland.
L. Viscount Say & Seale.
Ds. Willoughby de Parham.
Ds. Pagett.
Ds. Kymbolton.
Ds. Brooke.
Ds. Robartes.
Ds. Capell.

Their Lordships, or any Five, to meet Tomorrow, in the Afternoon, at Two of the Clock; and to have Power to send for such Records as they shall think fit.

Ld. Chamberlain excused.

The Lord Chamberlain is excused for his Absence this Day.

Sir John Penninton.

The Lord Admiral reported to this House, "That Sir John Pennington is come up, according to their Lordships Order."

Ld. Pagett sent to The States Ambassador, to acquaint him that Newton's scandalous Paper is burnt.

The Lord Pagett was appointed to go to The States Ambassador from this House, to let him know, "That their Lordships have expressed a Dislike of the Printed Letter supposed to be written from Mr. Newton, which reflects upon the Honour of the Prince of Orange, by burning of it in this House; and that this House will use the best Means they can, to find out the Author and the Printer, and have forbidden the printing and publishing of the same, and have Ordered the calling of them in."

Order for the Archbishop of Cant. to present Mr. Smith to the Living of St. Leonard's, Foster Lane.

Ordered, That the Lord Archbishop of Cant. shall forthwith confer the Presentation of St. Leonard's, Foster Lane, according to a former Order of this House, dated the 17th of this Instant March, upon Mr. George Smith, Clerk; and that his Grace shall forthwith deliver the said Presentation unto the Churchwardens or Parishioners of that Parish.

Message to H. C. that they would proceed against the Archbishop of Cant. and the other Delinquents.

Upon this Occasion, it was moved, "That, considering the Power which the Archbishop of Cant. hath in Ecclesiastical Matters, whereby the Church is still troubled, notwithstanding his Imprisonment in The Tower of London, that the House of Commons might be sent to, to be desired that they would proceed to make good their Impeachment of High Treason against him, that so he might receive Judgement according to his Demerit; and likewise to move the House of Commons, that they would proceed against the rest of the Delinquents with what Conveniency they may."

And accordingly a Message was sent to the House of Commons, by Sir Robert Rich and Doctor Bennett:

To desire them to prosecute their Delinquents, whom they have impeached in this House as speedily as they can with Conveniency, and in particular the Archbishop of Canterbury.

Colonel Butler Liberty to take the Air, and 20£. given him.

Ordered, upon the humble Petition of Colonel Butler, now in the Custody of the Lord Mayor of the City of London, That the said Colonel shall have Liberty to take the Air, for his Health-sake, with such a Keeper as the Lord Mayor will answer for: And this House doth further Order, that Twenty Pounds shall be forthwith paid unto him the said Colonel Butler, out of the Contribution Money remaining now in the Hands of the Clerk of the Crown in the Chancery; and this to be a sufficient Warrant in that Behalf.

The Messengers sent with the Message to the House of Commons return with this Answer:

Answer from the H. C. about the Archbishop of Cant. etc.

That the House of Commons will proceed against those they have impeached in this House, with all convenient Speed.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

Message from the H. C. about Grievances and the Remedies.

"To put their Lordships in Mind, That whereas the House of Commons formerly brought up to their Lordships a Declaration, containing the Causes of Grievances, with some Remedies propounded for the curing of the same; they desire their Lordships would please to take the same into speedy Consideration, and join with the House of Commons therein, it being a Matter of great Importance.

To proceed against the Judges that are impeached.

"2. The House of Commons desires, that there may be a Proceeding against the Judges that are impeached by them, and that their Lordships would please to appoint a Day for the same; and the House of Commons will be ready to make good their Charge against them.

To proceed against Doctor Cosens.

"3. The House of Commons desires their Lordships to expedite the Cause against Doctor Cosens, in regard many Witnesses stay in Town for this Business."

This House taking this Message into Consideration; Ordered, That the Report of the Declaration of the Grievances and the Remedies shall be made To-morrow Morning.

The Judges to put in their Answers.

Ordered, That the Judges impeached by the House of Commons shall put in their several Answers unto the said Impeachment on Thursday the 31st of this Instant March, in Writing.

Dr. Cosens's Cause to be heard.

Ordered, That the Day prefixed next Term for hearing the Cause of Doctor Cosens shall stand.

The Answer returned to the Messengers of the House of Commons was:

Answer to the H. C.

That this House will take the Declaration of the Grievances and Remedies into Consideration in convenient Time; and that this House hath appointed the Judges impeached to put in their Answers by To-morrow Sevennight; and that the Cause against Doctor Cosens is appointed to be heard the next Term.

E. of Lincoln's Petition against Sir William Killigrew.

Upon reading the Petition of the Earl of Lyncolne, shewing, "That Sir William Killigrew stands indebted to his Lordship in the Sum of Two Hundred and Fifty Pounds, upon Judgement, and other Sums owing to him; and in regard he is the King's Servant, his Lordship desires Leave of this House, to take his legal Course against him, for the Recovery of his Right:" Hereupon it is Ordered, That the Matter of this Petition is referred to the Earl of Essex, Lord Chamberlain of His Majesty's Household, who is to send to Sir William Killigrew, and know his Answer to this Petition, and return the same to this House.


Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 24m diem instantis Martii, 1641, hora 9a Aurora, Dominis sic decernentibus.