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 Lunæ, videlicet, 17 die Octobris.
The Lord Grey was appointed to be Speaker this Day.
Ld. Chief Justice of the King's Bench discharged by the King.
This House was acquainted, "That the Lord Chief Justice of the King's Bench desires their Lordships Excuse of his Attendance upon this House, because he hath received his Discharge of his Place from the King."
Lord Mayor Elect presented to the Lords, for their Approbation.
Alderman Pennington, Lord (fn. 1) Mayor Elect of the City of London, was presented to this House, to be approved to be Lord Mayor of the City of London, being chosen by the City as a fit Person to be Lord Mayor; which Election is according to their Charter, and which Presentation is, according to the Custom of the said City, to the Lord Keeper; but, because the Lord Keeper is now with the King, they desire the Approbation of this House; a Speech being made to this Effect by one Mr. Proby, a Counsellor of the said City.
1 K. Jo. 16. Fo. 2 H. III.
Three Times to be presented:
1. To the Lord Keeper, before he is sworn.
2. To the Barons of the Exchequer, when he takes his Oath.
3. To His Majesty, in the Middle of his Year.
They withdrew; and this House taking this into Consideration, (fn. 2) the House Ordered, That this Answer shall be returned to the Lord Mayor; and, being called in, the Speaker told his Lordship, "That the House had Resolved to give this Answer, which his Lordship should hear read by the Clerk;" which was read, as followeth:
Approved of by the Lords.
"My Lord Mayor,
"The Lords do conceive that, in the Absence of His Majesty, His Great Council of Peers is the most proper Place and Power for the City and your Lordship to address yourselves unto, for an Approbation of that Choice the City hath made of you for their Lord Mayor; whose Duty and Loyalty to the King and Kingdom hath so well appeared in your former Services, in the Discharge of that Place, as my Lords are well pleased that (fn. 3) the City of London hath again made Choice of your Lordship to govern them, especially in these Times of Trouble and Danger; recommending, in His Majesty's Absence, that your Care may be great, to prevent all Tumults and Disorders that may grow in the City, and to suppress all Factions that may appear there, to their Disquiet, or the Danger of the Kingdom."
This being done, the Lord Mayor Elect and the Sheriffs of London desired Leave of this House to speak a few Words; which was granted.
Message from the H. C. for a Conference, about the Ld. Chief Justice of the King's Bench being dismissed by the King; and for Concurrence in the following Orders.
A Message was brought from the House of Commons, by Mr. Morley:
To desire Concurrence in Three Orders; and to desire a Conference, concerning the Lord Chief Justice's Discharge out of his Place, having his Writ of Discharge.
1. An Order to pay Forty Thousand Pounds to the Scotts Commissioners, towards the Brotherly Assistance.
(Here enter it.)
2. An Order for disarming some Persons in Dorsetshire. (Here enter it.)
3. An Order to pay Two Thousand Pounds to Sir Gilbert Gherrard, to (fn. 4) be employed for the Safety of the Counties of Cornwall and Devon. (Here enter it.)
The Answer returned was:
That this House agrees with the House of Commons in all these Orders now brought up; and that this House will give a present Conference, in the Painted Chamber, concerning the Lord Chief Justice.
Ld. Mayor desires to know the Pleasure of this House, about the Writs for adjourning the Term;
The Lord Mayor Elect and the Sheriffs of London acquainted this House, "That they have received Writs, to proclaim the adjourning of this next Term; which they desire the Directions of this House what they shall do therein."
This House Resolved, To give this Answer to this Proposition: "That this House hath allowed of the carrying down the Proclamation to the King, to be sealed, and so hath consented to it."
that he had committed Delinquents, for a Tumult in St. Paul's;
The Lord Mayor Elect further said, "That some Persons Yesterday were brought to his Lordship, for making a Tumult (fn. 5) at St. Paul's Church; which Persons he hath committed, and he desires to know what he shall further do with them."
Ordered, That this House leaves it to the Lord Mayor, to proceed against them according to Law.
and desires that he may chuse the Preachers there.
Also he said, "The Reason why he and his Brethren have forborn their going to St. Paul's, is by reason that the Choice of the Preachers hath been by the Bishop of London; and those Men have preached very seditiously, to the Disquiet of the City; and they desire that the Election of the Preachers may be in the Power of the Lord Mayor, to which Effect there is an Order in this House, which came up from the House of Commons, which he offered to their Lordships Consideration."
This House will take it into Consideration.
Then his Lordship and the rest withdrew.
And their Lordships took the aforesaid Propositions into Consideration.
The Speaker gave the Lord Mayor Thanks, for committing the Persons that caused the Tumult in Paul's Church, and desired his Lordship to be further careful therein; and this House left it to the Lord Mayor, to proceed against them according to Law; and asked his Lordship whether he had any more Writs to proclaim, besides that of the adjourning of the next Term; and his Lordship answered, "He had none other."
Then the Speaker told him, "That this House hath consented to the said Proclamation, in sending it down to the King, to be sealed; and touching the Order for the regulating of the appointing of Preachers, this House will take the same into Consideration."
Barons of the Exchequer to swear the Lord Mayor.
Ordered, That the Barons of the Exchequer shall attend that Day (fn. 6) as the Lord Mayor usually comes to the Exchequer to take his Oath; and that then they shall administer unto him the usual Oath.
House adjourned during (fn. 4) Pleasure; the Lords went to the Conference.
Conference about the Discharge of the L. C. J. of the King's Bench from his Office reported.
The Lord Grey reported, "That the House of Commons, understanding that the King hath sent the Lord Chief Justice of the King's Bench a Writ of Discharge, and considering that there is a Necessity of keeping the Essoigns on Thursday next, for which (fn. 7) there are left but Three Judges, videlicet, Berkley,
Justice Berkley to keep the Essoigns.
Heath, and Mallett; Heath being with the King, and Justice Mallett being committed by this House to The Tower, they have pitched upon Justice Berkly (though impeached of High Treason, yet he hath carried himself with Modesty and Humility, and inoffensively too, before both Houses) for the keeping of the Essoigns on Thursday next, and desire their Lordships Concurrence herein."
Ordered, That this House agrees with the House of Commons herein.
Message to the H. C. to acquaint them with it.
A Message was sent to the House of Commons, by Dr. Ayliff and Dr. Heath:
To let the House of Commons know, That this House agrees with the House of Commons, that Mr. Justice Berkley shall keep the Essoigns of the King's Bench on Thursday next.
King's Counsel to attend.
Ordered, That all the King's Counsel shall be commanded to give their Attendance upon this House forthwith.
Mr. Conye, Leave to travel.
Ordered, That Mr. Wm. Conye hath Leave to travel into France.
Order for Forty Thousand Pounds, of the Merchant Strangers Loan, to the Scots Commissioners, towards the Brotherly Assistance.
"It is this Day Ordered, by the Lords and Commons House of Parliament, That the Treasurers of the Monies lent by the Merchant Strangers shall, out of the said Monies, pay Forty Thousand Pounds to the Scots Commissioners, towards the Brotherly Assistance; and that the said Commissioners shall be hereby authorized to receive the same, in the Sum of One Thousand Pounds, or a greater Sum, as it shall come in, and as they shall have Occasion for it."
Ed. Lawrence, High Sheriff of Dorsetshire, and others, to be disarmed by the Lieutenant, and sent up to the Parliament.
"Whereas Edward Lawrance, Esquire, High Sheriff of the County of Dorsett, Richard Rodgers, John Turbervile, and Arthur Radford, Esquires, George Rivers, Thomas Phillipps, John Fussell, and Robert Kellway, Gentlemen, Inhabitants of the said County, being Persons notoriously known to have been aiding and assisting unto the Marquis of Hertford, in the late Rebellion by him raised in the Western Parts, ought to have been disarmed, and their Persons arrested, and brought up unto the Parliament in safe Custody, which, through the Miscarriage of some that were intrusted therewith, hath not been done: It is therefore Ordered, by the Lords and Commons in Parliament, That the Deputy Lieutenants of that County do forthwith take Course for the disarming and apprehending of them, and every of them, and for the sending of them up unto the Parliament in safe Custody as aforesaid; and that they likewise disarm, or cause to be disarmed, all other Persons of that County, that, either in their own Persons, or by sending their Horses, Men, or Arms, to the Aid of the said Marquis as aforesaid, or in any other Manner, have countenanced or encouraged the said Rebellion; and such as have been the most active or stirring therein, to send them up to the Parliament likewise in safe Custody as aforesaid; and that they seize and take, from all and every of them, and from all and every the Persons particularly before named, all Horses serviceable for the Wars, which Horses shall be employed for the Defence of the said County, until by the Parliament they shall be otherwise disposed of."
Order for Two Thousand Pounds of the Proposition-money, for Defence of Devon and Cornwall.
"It is this Day Ordered, by the Lords and Commons, That the Treasurers in London for the Monies that come in upon the Propositions do forthwith pay, out of the said Monies, Two Thousand Pounds to Sir Gilb't Gerrard, Treasurer at War, to be by him paid to Sir John Bamfeild and Mr. Waddon, to be employed for the Defence and Safety of the Counties of Devon and Cornwall."
The Earl of Northumberland acquainted this House, "That the Lord Coventry desired him to present to this House his humble Desires in a Petition, desiring their Lordships to take the same into their Consideration;" which Petition was read, as followeth:
Ld. Coventry's Petition.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of Thomas Lord Coventry.
"May it please your Lordships,
"Upon Signification of His Majesty's Pleasure under His Sign Manual, your Petitioner was commanded to attend at Yorke, which accordingly he did, and afterwards received your Lordships Summons to himself and others, whereunto an Answer was sent, subscribed by himself and other Lords, for which your Petitioner standeth now sentenced by this Honourable House, whereunto he humbly submitteth himself, and is sorry that, either in that or any other Particular, he hath given your Lordships Offence; and humbly desireth the Favour and good Opinion of this Honourable House.
"And your Petitioner, &c.
This Petition being read, the House Ordered, That the Earl of Northumberland should let the Lord Coventry know, that this House hath read his Petition; but desire to know the Particulars which he would desire of this House, and to see what Propositions he can offer to this House, whereupon this House should proceed.
Adjourn till 10a cras.