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, 29 die Martii.
The Lord Keeper signified to the House, "That he had received a Message from the King, with a Command to communicate it to both Houses of Parliament;" which was commanded to be read, in hæc verba: videlicet,
Message from the King, to hasten away the Lord Lieutenant of Ireland.
"Right Trusty and Well-beloved Counsellor, We greet you well. Taking into Consideration the State and Condition of the present Affairs in Ireland, We conceive it very necessary that Our Lieutenant of that Our Kingdom should be hastened over thither with all Diligence, which would not only add Comfort and Encouragement to Our good Subjects upon their late good Success, but strike the more Terror into the Rebels there: Wherefore Our Will and Command is, That you move Our House of Peers, in Our Name, to take some speedy and effectual Order for Our said Lieutenant's present Dispatch, that he may be gone without further Delay, to be ready there to draw into the Field, as soon as the Time of the Year (which now approacheth) shall be fit.
"Given at Our Court at Yorke, the 26th of March, in the Eighteenth Year of Our Reign."
Lord Lieutenant of Ireland declared his Willingness to go; but acquainted the House how unprovided he was.
The Lord Lieutenant, being present when this was read, professed, "That he was most ready to obey His Majesty's Commands in going to that Charge in Ireland, which His Majesty hath been pleased to honour him with; but he desired Leave to acquaint this House how unprovided he is for the present to go; as,
"1. Having not yet received Instructions (fn. 1) from His Majesty.
"2. Neither hath he his Arrears paid him, owing by the King for his Service in France; without which he cannot furnish himself with such Necessaries as he shall use in that Journey.
"3. He desired the Parliament to consider of the small Supplies, either of Money, Men, or Ammunition, which are yet sent over; and no Means yet settled to maintain him and his great Retinue when he shall come to live there as Lord Lieutenant of that Kingdom.
"These Things he left to their Lordships Considerations."
The King's Message, and the Defects of the Lord Lieutenant of Ireland, to be represented to the H. C. at a Conference.
Hereupon this House Ordered, To communicate this Message of His Majesty to the House of Commons, at a Conference; and appointed the Lord Lieutenant of Ireland to represent to the House of Commons what he said here, concerning his going into Ireland. And also, at this Conference, this House shall acquaint them with the Amendments in the Bill concerning the speedy reducing of Ireland, that so that Bill may be expedited.
Message to the H. C. for a Conference concerning the Affairs of Ireland.
Then a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:
To desire a Conference, by a Committee of both Houses, in the Painted Chamber, presently, if it may stand with their Conveniency, touching the Affairs of Ireland.
Bill to amend the Act for reducing the Irish Rebels.
The Lord Robartes reported the Amendments in the Bill for the Addition to the Bill for the reducing of Ireland; which, being read Thrice, were approved of by this House.
Babb and Trelawny, in Error.
Ordered, That the Writ of Error, between Babb and Trelawney, shall be argued, by Counsel on both Sides, on this Day Sevennight, at this Bar.
Lord Seymour to attend the House forthwith.
Ordered, That the Lord Seymour shall forthwith attend this House, notwithstanding his former Leave of this House to be absent; and that a Post shall speedily be dispatched after him, in his Journey towards Yorke, to acquaint him with this Order, and to bring him back to the Parliament again.
Bill against Innovations in the Church.
Hodie 2a vice lecta est Billa, An Act for the suppressing of divers Innovations in Churches and Chapels, in and about the Worship of God; and for the due observing of the Lord's-day, and the better Advancement of the Preaching of God's Holy Word, in all Parts of this Kingdom.
Ordered, That the Consideration of this Bill be committed to these Lords following: videlicet,
Their Lordships, or any Five or more, to meet when and where they please.
Message from the H. C. that they agree to the Forms of Lords Lieutenants and Deputy Lieutenants Deputations.
The Messengers, sent Yesterday with a Message to the House of Commons, (fn. 2) return with this Answer:
"That they have delivered the Draughts of the Forms of the Ordinance to be given to the Lords Lieutenants, and also the Forms of Deputations to Deputy Lieutenants, according to the Ordinance of both Houses of Parliament; and the House of Commons do agree with their Lordships in them both."
Gentleman Usher sent for, to attend at York the Celebration of St. George's Feast.
Ordered to attend here.
Upon Information given this Day to the House, "That the Gentleman Usher of this House and of the Black Rod hath lately received Summons to attend the Celebration of St. George's Feast at Yorke;" it is Ordered, in regard of the great and weighty Affairs of this Kingdom, causing the Sitting of this Parliament, wherein his necessary Service is required, that he attend his Charge and Duty here, according to his Place.
No Lords to talk at the Fire, when the House is sitting.
Ordered, That no Lords shall go to the Fire, and stand and talk there, when this House is sitting.
Bill of Tonnage and Poundage passed by Commission.
The Commission under the Great Seal of England being come, for the passing of the Royal Assent to the Bill for Tonnage and Poundage; this House Resolved, To pass it presently; and the Gentleman Usher of the Black Rod was sent to desire the House of Commons to come.
The Lords Commissioners, videlicet, the Lord Keeper, the Lord Privy Seal, the Lord Admiral, the Lord Chamberlain, and the Earl of Bath, sat upon a Form, set across the House; and the House of Commons being come with their Speaker, the Lord Keeper commanded the Commission to be read; which being done, the Clerk of the Crown read the Title: videlicet,
"A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported."
And then the Clerk of the Parliament pronounced the Royal Assent, in these Words:
"Le Roy, remerciant Ses bons Subjects, accepte leur Benevolence, et ainsi le veult."
This being done; the Commons went to their House, with their Speaker.
Then the Lord Robartes reported from the Committee, the Draught of the Reasons which the Lord Keeper is to present to the King from this House, concerning the staying of those Lords which are sent for to attend the King at Yorke; which was read, as followeth:
Reasons to be sent to the King, for staying Earl of Holland, Earl Sarum, and Lord Savill, from going to York.
"May it please Your Majesty,
"I am commanded, by the House of Lords, to represent unto Your Majesty, That whereas the Lord Chamberlain of Your Majesty's Houshold, the Earls of Sarum and Holland, and the Lord Savill, have communicated unto that House several Letters, under Your Privy Signet, requiring them to repair to Your Majesty at Yorke, where You intend to celebrate both Easter and St. George's Feast; and this You expect from (fn. 3) them, as Great Officers of Your Houshold, and Counsellors of State: The Lords have seriously considered the Affairs of Your Kingdoms of England and Ireland to be in such Condition, as they cannot give Way to these Lords to be absent from Parliament, without prejudicing Your Majesty's Service and the Affairs of the Kingdom; which, by Your Majesty's Writ, and the Law of the Land (being Counsellors of State), they are bound to attend.
"These Reasons that House doth not doubt but Your Majesty will approve."
Ordered, That this House approves of these Reasons to be given to the King; and that the Lord Keeper do send them accordingly.
Wilson and Bond examined at the Bar, about a pretended Letter from the Queen to the King.
Next, John Wilson, Printer, and Thomas Bond, which were sent for by Order of this House, to be examined concerning a false and scandalous Letter, supposed to be written by the Queen in Holland, to His Majesty, were called to this Bar.
And John Wilson confessed "he printed the said supposed Letter; and that he had it of one Thomas Bond."
Thomas Bond, being examined, confessed "he being a poor Scholar, and (fn. 4) nothing else to live upon, did make and compose the said pretended Letter; but said, it was at the Request and Instigation of the aforesaid John Wilson the Printer; and that William Hurst, Richard Bernard, and Thomas Hannywell, were present at several Times, when the said Wilson and he spake about the making of this Paper; and Wilson persuaded him to do it, telling it would be a profitable Business for him."
Likewise Bond confessed, "That one Richard Broome was the Author of the scandalous Book called The Danes Plot, and the feigned Letter from the King of France, and divers other scandalous Pamphlets which were printed by Bernard Alsop, a Printer, living in Grub-street."
Broome and Alsop, Printers, sent for.
Hurst, &c. to be examined by the Lord Chief Justice of the King's Bench.
This Information being given, Wilson and Bond were commanded to withdraw; and the House taking the same into Consideration, Ordered, That the Gentleman Usher attending this House, or his Deputies, shall attach the Bodies of Richard Broome and Bernard Alsop, and bring them before this House, to answer the aforesaid Complaints: And further it is Ordered, That John Willson, and Thomas Wilson the Father, shall be kept in safe Custody in The Gatehouse, there to remain until the Pleasure of this House be further known: And lastly, it is Ordered, That William Hurst, Richard Bernard, and Thomas Hannywell, shall this Night be carried before the Lord Chief Justice of the King's Bench, to be examined touching the scandalous printed Paper, supposed to be sent from the Queen in Holland to the King at Yorke; and to make Report of the said Examinations unto this House; and, if his Lordship sees Cause, he is to keep them in safe Custody until this House sits again.
Ordered, That this House will take into Consideration, this Afternoon, what Judgement to give against the aforesaid Thomas Bond, who is to be brought again to the House in the Afternoon.
Answer from the H. C. about the Conference for Irish Affairs.
The Messengers sent to the House of Commons, to desire a Conference, return with this Answer:
That the House of Commons will give a present Conference, in the Painted Chamber, as is desired.
Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 29m diem Martii, hora 3a, Dominis sic decernentibus.
A Petition was presented to this House, from the County of Rutland, by divers Gentlemen of that Country; which was commanded to be read, in their Presence, in hæc verba: videlicet,
The Petition of the County of Rutland.
"To the Right Honourable the House of Peers now assembled in Parliament.
"The humble Petition of the High Sheriff, Knights, Esquires, Gentlemen, Ministers, and others of good Rank, (fn. 5) within the County of Rutland,
"That your Lordships Concurrence with the House of Commons, in passing the Bill to take away the Votes of the Prelates, settling the Militia and Forts in such Hands as the Honourable House of Parliament may confide in, approving and passing those noble Propositions for the Suppression of those barbarous Rebels in Ireland, and in many other Acts of great Concernment, is acknowledged by your Petitioners with all possible Joy and humble Thankfulness; yet we cannot but (with great Grief, accompanied with Fears) be sensible, that Authority is not yet given for putting the Kingdom into a Posture of Defence; that the Votes of Popish Lords, and their Proxies, are yet continued; humbly conceiving it to be against Reason, that Papists should vote in Points of that Religion whereunto they are professed Adversaries, or in Matters of State to which they can be no fast Friends; especially now, that so great a Party of Papists are in open Rebellion; that the Mass is still frequented; that Papists are so superficially difarmed, to the great animating of them in their pernicious Practices; that superstitious innovating of Ministers are not punished, who, to escape just Censure, foment Factions against the Parliament; that so speedy Relief of the poor distressed Protestants in Ireland (as their Necessities require) is not yet effectually acted; to the emboldening of the Papists and malignant Parties of this Kingdom to the like Attempts.
"Wherefore your Petitioners do humbly pray a speedy Removal of these our Grievances, with their Causes; and that your Lordships will be pleased still to join with the House of Commons in all their pious and just Proceedings.
"And your Petitioners shall be bound in Duty to pray for your Honours; and will be ready, according to our late solemn and general Protestation, to assist your Lordships, in all just and honourable Ways, to the uttermost of our Powers."
(Vide the Petition).
This Petition is subscribed with many Hands.
Thanks returned to the Petitioners.
The Gentlemen that presented the Petition withdrew; and the House taking the same into Consideration, and having resolved what Answer for the present to give, they were called in again; and the Lord Keeper, by the Directions of the House, returned them this Answer: "That this House gives them Thanks for their Care of the Public, and the Safety of England and Ireland, especially for their Readiness to obey the Militia; and to let them know, that, now Things are resolved, their Lordships will put it into a speedy Execution; and will take their Petition into a speedy Consideration."
Judgement against John Bond, Author of a pretended Letter from the Queen to the King.
Next, this House took into Consideration the Offence of John Bond, and what Punishment was sit to inflict upon him; and, upon mature Deliberation of the whole Cause, it did manifestly appear that the said John Bond was the Author and Contriver of a false and scandalous Letter, presented to be sent from the Queen in Holland to His Majesty at Yorke; for which Offence this House gave this Judgement upon him.
"1. That he shall stand on the Pillory at Westm. Hall Door, on Friday the First Day of April next, from Ten of the Clock in the Morning to Eleven of the same Day, with a Paper on his Head, written, À Contriver of false and scandalous Libels; and, on the Morrow after, shall likewise stand in Cheapside, from Ten of the Clock in the Morning to Eleven, with the like Paper.
"2. That the said scandalous Letters shall be called in, and burnt near him as he stands on the Pillory, by the Hands of the common Hangman, in both Places.
"3. That the said John Bond shall stand committed to the House of Correction, during the Pleasure of this House."
Ordered, That the Sheriffs of London and Midd. shall see this Judgement executed and obeyed in all Points.
Then the House commanded the said John Bond to be brought to this Bar, as a Delinquent; and the Lord Keeper pronounced the aforesaid Sentence upon him.
Judges to consider, whether he that printed and published the scandalous Libel is punishable by the Law of the Land.
Ordered, That this scandalous Paper, (fn. 6) for which John Bond was sentenced, shall be shewed to the Judges, who are to consider, whether he that printed and published the same, being false and scandalous, is punishable by the Law of the Land; and Report hereof to be made to this House.
Message from the H. C. to defer Justice Berkley's Trial.
A Message was brought from the House of Commons, by Mr. Pierpointe:
To let their Lordships know, That, whereas the Trial of Mr. Justice Berckeley is appointed to be on Tuesday next, the House of Commons cannot be ready against that Time, in regard their Witnesses are out of Town, and some live far from London; therefore they desire their Lordships would please to appoint a further Day for that Business.
Justice Berkley's Trial put off.
Hereupon this House Ordered, That the Trial of Mr. Justice Berckeley, upon the Impeachment of High Treason from the House of Commons, shall be proceeded in on the last Tuesday in Easter Term next, being the 17th of May 1642.
Answer to the H C.
The Answer returned to the Messengers of the House of Commons was:
That this House hath appointed the 17th Day of May next, for the Trial of Mr. Justice Berckley.
Report concerning the Scots going to Ulster.
The Lords Commissioners reported to this House, That, according to their Lordships Command, they have spoke with the Scots Commissioners, to know why the Scotts, which are agreed to be sent into the Province of Ulster, are not yet landed there, for the Preservation of that Province; and they say, That Seven and Twenty Hundred Men have been ready at the Ports to be shipt, but the Winds have been so cross that they could not go over."
H. C. to be acquainted with this.
Hereupon this House Resolved, To communicate this to the House of Commons, at a Conference; and to desire (fn. 7) that the English Commissioners of both Houses may be appointed, to move the Scotts Commissioners, that they would send to hasten the transporting of the Scotts in Ulster, with all Expedition.
Message to the H. C. for a Conference concerning the Affairs of Ireland.
A Message was sent to the House of Commons; by Sir Robert Rich and Mr. Page:
To desire a Conference, by a Committee of both Houses, in the Painted Chamber, presently, concerning the Affairs of Ireland.
The Messengers return with this Answer:
That the House of Commons will give a Conference, as is desired.
Vanhoven for a Ne exeat Regnum to be issued against John Dalbeere. Dalbeere to show Cause.
Upon reading the Petition of Annekin Vanhoven, desiring, "That a Ne exeat Regnum may be issued out against John Dalbeere, that so he may not go out of the Kingdom until he hath given her Satisfaction for her just Debt, which he owes her:" It is Ordered, That the said John Dalbeere shall shew Cause on Thursday Morning next, why a Writ of Ne exeat Regnum shall not issue out against him; in the mean Time, he shall not presume to go beyond the Seas without Leave of this House, as he will answer the contrary at his Peril.
Ordered, That the Committee appointed to consider of the Petition of the Merchant Strangers shall meet on Thursday next, at Two of the Clock in the Afternoon, with the Committee of the House of Commons.
Ordinance for the Militia passed, and sent to the House of Commons.
Next, the Ordinance for settling the Militia in the City of London was read; and, being approved of, was sent down, by Serjeant Whitfeild and Serjeant Glanvile, to desire the Concurrence of the House of Commons therein.
Hooper versus Legay.
Ordered, That Anthony Hooper shall shew Cause unto this House, between this and Saturday next, being the Second of April 1642, why a Certificate formerly reported to this House, concerning Isaack Legay and Daniell Fairevax, should not be ratified and confirmed; and, in Default thereof; this House will confirm the said Certificate.
Sir Phil. Vernatt versus John Latoh.
Upon Information this Day given to this House, "That there are Differences in Accompt, in a Cause between Sir Phillibert Vernatt and John Latch, Esquire; and that the said Cause hath long depended before the Lords Committees for Petitions, which their Lordships cannot enter into a particular Examination of, by reason of the many great Businesses now depending in Parliament before them; and that Thomas Jennings, Esquire, and others, Sureties of the said John Latch, have humbly desired that the said Accompts may be referred to the Examination of some of His Majesty's Auditors:" It is Ordered, by the Lords in Parliament, That an Examination of the said Accompts and Differences, between the said Sir Philibert Vernatt and the said Mr. Latch, his Sureties, and others interested in the said Cause, are hereby referred to Sir Charles Harbert, Knight, Surveyor General to His Majesty, Mr. Auditor Phillips, Mr. Auditor Povey, and Mr. Auditor Gwin, or any Two or more of them, whereof Sir Charles Harbert to be One; who are to send for such Witnesses in this Cause as they please, and to state and ascertain the said Debts; and to set down particularly what Sums are agreed to be due to the said Mr. Latch, with Interest for the same, and what Debts he stands engaged for Sir Phillibert Vernatt, and what Interest he hath paid, or stands liable to pay, for him, or his Use; and also particularly to state and certify what Debts and Sums are demanded and due each from other Party, and not agreed upon, and what Agreements are settled between them, that thereby their Lordships may have a clear State of the Difference between them, to ground their Judgements upon, according to Right and Equity.
Message from the H. C. with an
A Message was brought from the House of Commons, by Sir Robert Cooke; which consisted of these Particulars following:
Order for Sir John Hotham to take Forces into Hull.
To desire their Lordships Concurrence in an Order made to give Power to Sir John Hotham, for taking some Forces into Hull.
For a Conference touching the Ordinance concerning tha Militia.
To desire a present Conference, by a Committee of both Houses, touching the Ordinance for settling the Militia in the City of London.
And for the Lords to sit a while.
To desire their Lordships to sit a while, for the House of Commons have some Business of Importance to impart to their Lordships, concerning the Safety of the Kingdom.
Then the Order concerning Hull was read: videlicet,
Order for taking Forces into Hull agreed to.
"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That Sir John Hotham is hereby authorized to take in such (fn. 8) Numbers of Soldiers of the Trained Bands, or any others of that County, as he shall think fit, for the Defence of the Town of Hull; and also to have Power to make Use of the Magazine there, for the Defence of that Place, as he shall have Occasion."
Resolved, upon the Question, That this House doth join and agree with the House of Commons in this Order.
Answer to the H. C.
The Answer returned to the House of Commons was:
That this House agrees with them in the Order concerning taking of more Men into Hull; and that this House will give a present Conference, as is desired, and will sit a while.
Message from the H. C. for a Committee of both Houses to be sent to York, to attend the King.
A Message was brought from the House of Commons, by Sir Henry Vane, Junior:
To let their Lordships know, that, in regard of the great Distance the King is at from His Parliament, they think it fit that a select Committee of both Houses may be appointed, to be sent to Yorke, to reside there, to present the Desires of both Houses to the King as Occasion serves; and to give Information of what passes there concerning the Parliament; and, when their Lordships have ascertained the Number of their Committees, the House of Commons will appoint a proportionable Number of their House.
Ordered, That this House will take into Consideration this Message on Thursday Morning next.
The Answer returned was:
That their Lordships will send an Answer to this Message, by Messengers of their own, in convenient Time.
Report of the Conference, concerning the Militia of London.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed, and the Lord Keeper reported the Effect of this Conference; which was, "That the House of Commons have taken into Consideration the Ordinance for settling the Militia in the City of London, wherein they have thought fit to make some few Alterations, and desire their Lordships Concurrence therein."
And about the Bill to amend the Act for reducing the Irish Rebels.
2. They have returned the Bill for the Explanation of the Bill for the speedy reducing the Rebels in Ireland, with the Amendments; wherein the House of Commons do agree with their Lordships.
Then the Amendments in the Ordinance were read; and this House agreed with the House of Commons therein: videlicet,
Ordinance for settling the Militia of London agreed to.
"The Lords and Commons in Parliament assembled have, for the Safety of His Majesty's Person, the Parliament and Kingdom, in this Time of imminent Danger, by Ordinance of the said Lords and Commons, Ordianed, That you, Sir John Gaire, Sir Jacob Garrett, Knights and Aldermen, Thomas Atkin, Alderman, Sir John Wollaston, Knight and Alderman, John Warner, John Towes, Alderman, Serjeant Major Skippon, or any Three, or more of you, together with Randolph Manwaringe, William Gibbs, John Fowke, James Bunce, Francis Pecke, Samuell Warner, James Russell, Nathaniell Wright, William Barkley, Alexander Normington, Stephen Estwicke, Owen Rowe, Citizens of London, or any Six, or more of you, shall have Power to assemble, and call together, all and singular His Majesty's Subjects of the said City of London, and the Liberties thereof, that are meet and fit for the Wars; and them to train, exercise, and put in Readiness; and them, after their Abilities and Faculties, well and sufficiently, from Time to Time, to cause to be arrayed and weaponed, and to take the Musters of them in Places most fit for that Purpose: And the said Lords and Commons have likewise Ordained, That you shall have Power to make Colonels and Captains, and other Officers, and to remove them out of their Places, and to make others, from Time to Time, as you shall think sit for that Purpose; and that you shall have Power to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions that may happen, within the said City and Liberties thereof; and likewise shall have further Power and Authority to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, as well within the said City, as within any other Part of this Realm of England, or Dominion of Wales, for the Suppression of all Insurrections, Rebellions, and Invasions that may happen, according as you from Time to Time shall receive Directions from the said Lords and Commons assembled in Parliament."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 31m diem instantis Martii, 1642, hora 9a Aurora, Dominis sic decernentibus.