Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, videlicet, 23 Septembris.
Lord Lieutenant of Ireland gave an Account, that he was dispatched only a few Days ago by the King, desiring a Supply of Money; and that he is ready to go to his Charge.
The Earl of Holland informed this House, "That Yesterday the Lord Lieutenant of Ireland gave the Committee for the Irish Affairs an Account of his being so long at Court; and that there hath not been any Neglect of his Lordship to get his Dispatch, which he received but the Day before (fn. 1) he departed last from the King, which was upon Sunday; and now he is come to the Parliament, to desire them to think of some Means to supply him with Monies, whereby he may discharge his Duty in Ireland; but, if it be their Lordships Pleasure to send him without Money, he will be ready to go whensoever he shall be commanded, at as short Warning as they shall please, rather than that Kingdom should any ways be prejudiced: This he left to their Lordships Resolution."
And because this House conceived this to be a Business of that great Importance, as concerning the Wellbeing of (fn. 1) that Kingdom, this House thought if fit to have a Conference with the House of Commons, to recommend unto them, that they would think of some Course, (fn. 2) how the Lord Lieutenant may be furnished with such a Supply of Money, as he may be enabled to do such Service, for the Good and Safety of that Kingdom, and Encouragement of the Soldiers that are there, as may be expected from him.
Message to the H. C. for a Conference about it.
Sir George Clark's, Sheriff of London, Petition, to know how he is to dispose of Judge Berkley when his Shrievalty expires.
The Petition of Sir George Clarke, Knight, One of the Sheriffs of the City of London, was read; shewing, "Whereas Sir Rob't Berkeley, Knight, One of the Judges of His Majesty's Court of King's Bench, was, on the 12th of February, 1640, committed by your Lordships to the Custody of Jo. Towse, Alderman, and then One of the Sheriffs of London:
"And whereas Alderman Towse being, on the 28th of September, 1641, to go out of his Office of Sheriff, the said Sir Rob't Berkly was, by your Lordships Order, transferred over to the Custody of your Petitioner, being then to succeed in the said Office.
"Your Petitioner's Time of Shrievalty is to expire on the 28th of this present September, 1642. He most humbly desireth to know your Lordships Pleasure, how he shall dispose of the said Sir Rob't Berkley, at the Time of his going out of his said Office. And, as bound, shall ever pray, &c."
Justice Berkley to remain with him.
Lady Hastings versus Mr. Poulton.
"That this was against the Foundation and Grounds of the Common Law, 19 Ed. I. Wayland's Case in Parliament. All the Judges in England were advised with in this Case, that it was contrary to the Grounds of the Common Law of England."
Mr. Chute replied, "That an Answer (fn. 3) is put in already, and now this Objection comes too late."
Message from the H. C. for the Lords Concurrence in the following Particulars.
4. To desire Concurrence in the Nomination of Thomas Culpepper, of Stevens, (fn. 4) to be a Deputy Lieutenant for the County of Kent.
Lady Slyngsby versus Sir F. Fortescue.
Message from the H. C. to sit P. M.
That, in regard of some weighty and (fn. 7) important Business, the House of Commons have resolved to fit this Afternoon; and they desire this House to fit likewise.
Countess of Newport, a Pass to France.
Answer from the H. C.
Order to send the Soldiers to the Rendevouz.
"Whereas divers Regiments of Foot and Troops of Horse have long since been listed, in the Army raised by the Parliament, for the Defence of the King and Kingdom, under the Command of Robert Earl of Essex, of which some are not marched away to the Rendezvous according to their Duty, and others are not of sitting Numbers for Service, yet all receive Pay, to the great Charge of the Kingdom, and, by this their Neglect, do great Prejudice to the Public Cause, in which Religion, Law, and Liberty, are so much concerned: It is therefore Ordained, and Declared, by the Lords and Commons in Parliament assembled, That such Regiments of Foot as consist of Four Hundred Men or more, and Troops of Horse as consist of Forty or more, shall, within Forty-eight Hours after Publication hereof, march toward the Place where they shall understand the Lord General to be, except by special Order they be directed to any other Place; and they shall not stay by the Way longer than for their necessary Refreshment.
"And such Regiments or Troops as shall fail herein, or shall not consist of such Number as is before specified, that is to say, a Regiment of Foot of Four Hundred, and a Troop of Horse of Forty, shall be cashiered, and also liable to such further Punishment as, upon Examination of the Cause of their Failing and Neglect, shall be found that they have deserved; and the Common Soldiers of such Regiment, or Troop, so cashiered, shall be disposed of, for the filling up and recruiting of others.
"Yet, in regard the Captains of some Regiments, which have not the Number of Four Hundred, may have been careful to raise and compleat their own Companies, and that there is no Reason they should suffer for the Default of others, either the Colonel or other Captains that have not been so careful: It is thought fit, That such Captain of any Regiment now to be cashiered as shall have his Company compleat, (fn. 8) shall be continued in his Entertainment, together with his Company, and shall march unto the Place where the Lord General shall be, to be disposed of by him in any other Regiment, or otherwise employed as his Lordship shall think fit.
"And it is further Declared, That the Regiments of Colonel Essex and Colonel Ballard shall not be understood to be within this Order, in regard both those Colonels have been, and yet are, employed in the Service of the State, and their Absence may be a Cause that their Regiments are not in that Forwardness that otherwise they would have been; but they are hereby enjoined, with all possible Speed, to march unto the Army."
Order for 100 l. to Lady Baltinglas.
"Upon the humble Petition (this Day read in the House of Commons) of Anne Viscountess Baltinglasse: It is Ordered (upon the Question), by the said House, That the Receivers of the Contribution-money for Ireland shall pay unto the said Lady Baltinglasse the Sum of One Hundred Pounds, out of the Monies that comes in upon the said Contributions, next after that the Sum of Three Thousand Pounds shall be come in, formerly Ordered to be sent into Ireland, for Relief of the Poor there.
Amendments in the Scots Treaty, for sending Men to Ulster.
"It is provided and agreed, That, at any Time after the Three Months now agreed upon for the Entertainment of the Scotts Army shall be expired, and that the Two Houses of Parliament, or such Persons as shall be authorized by them, shall give Notice to the Council of Scotland, or the Lord Chancellor there, that, after One Month from such Notice given, the said Two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer, then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer than during the said Month, any Thing in this Treaty contained to the contrary notwithstanding."
(fn. 9) The House is adjourned till Four a Clock this Afternoon.
[ (fn. 10) Post meridiem.]
Delinquents sent for, for not restoring Civet's Goods.
To restore them, and pay Fees.
Mountague's Complaint of not having his Goods restored according to Order.
Upon reading the Petition of Barth. Mountegue, complaining, "That one Mr. Vause refused to deliver to him his Goods which were taken from him; and the Order was slighted; saying, it was no perfect Order."
Mr. Voyce said, "According to an Order of the Lords and the House of Commons, to give him Power to disarm Recusants, he disarmed Mr. Mountegue, and took away Nine Swords and other Things from him, and gave him a Note of them, and he carried them to Yeildhall; but he denied that he slighted the Order."
To be restored.
Message from the H. C. with the Declaration to The States General;
A Message was brought from the House of Commons, by Mr. Pym; who brought up a Draught of a Declaration, which is to be sent to Mr. Strickeland, to be presented to The States of Holland, for the Respects they shewed to this State; together with an Order to authorize Mr. Strickland to present it.
and for the Convent of Capuchirs at Denmark House to be dissolved.
Mr. Strickland to present the Declaration to The States General.
Answer to the H. C.
The Declaration of both Houses sent to The States of Holland.
"We, the Lords and Commons assembled in the Parliament in England, do, with much Contentment, take Notice of the good Affections expressed by the Lords The States of the Province of Holland to the Peace of this Nation, and to increase and confirm the Union betwixt this Kingdom and the High and Mighty Lords The States General of the United Provinces, according to the Desires of the Parliament, expressed in their Declaration lately presented to their Lordships, especially in that Particular which concerns the Restraint of Men, Munition, Arms, and Shipping, endeavoured to be brought from thence, to the Nourishment and Maintenance of the unhappy Differences between the King and His loyal Subjects here, and wherein we understand they have been so friendly and respective as to take away the Pass made to a Ship laden with Ammunition, intended to be sent into England with Prince Rupert, and to stop divers Soldiers which should have been brought over by Captain Lloyd: For all which, we give them hearty Thanks; and hope they will continue the same Care concerning some Ships of War (as we are informed), bought and provided, in His Majesty's Name, to be employed against this Kingdom; and that, if there be any Ships designed for the transporting of the Queen, they will please so to provide that, under that Pretence, no Soldiers or Ammunition be brought over, to our farther Disturbance; which, pray them to be assured, will be taken as a very acceptable Effect of their Love to this Nation, and requited with all friendly Offices, for the Good and Prosperity of that Province, and of all the rest of The United Provinces, which we reckon as a chief Interest of this Kingdom to be procured and defended by us, as of a State united to us by the streightest Bands of Religion and Civil Policy."