House of Lords Journal Volume 5
2 May 1642

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History of Parliament Trust

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1767-1830

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35, 36, 37, 38

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'House of Lords Journal Volume 5: 2 May 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 35-38. URL: http://www.british-history.ac.uk/report.aspx?compid=34787 Date accessed: 23 July 2014.


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Contents

DIE Lunæ, videlicet, 2 die Maii.
Webb versus Bp. Landaff. L. Loftus's Cause. Captain Bell's Cause recommended by the Scots Commissioners. Dowager Lady Delawar's Privilege. Hawkes kept in Custody for arresting her. Bill for punishing scandalous Clergymen. Bill to restrain Peers made hereafter from voting in Parliament. Message from the H. C. to desire the Lords would sit a while. Answer. Justice Mallet to be released upon Bail. Message from the H. C. for a Conference about Hull, and some transactions at York; and to desire the Lords to fit P. M. Answer. Steward's Cause reported. Conference about Hull, and some Transactions at York, reported. Narrative of Rushworth, One of the Clerks of the H. C. Petition to the King, by the Gentry &c. of Yorkshire. The Petition. The King's Propositions to the Gentry of Yorkshire. Their Answer. Desires of the H. C. concerning these Proceedings at York. Agreed to, and L. Howard of Estcricktogo to Yorkshire, with a Committee of the H. C. to receive Instructions from the Parliament. Adjourn. Post meridiem. Justice Mallet Bailed. Riot in Waltham Forest. Delinquents sent for. Legay and Fairvax versus Philips. The Opinion of the Judges concerning Printing Libels. Message from the H. C. with an Addition to the First Article of L. Digby's Impeachment. The Proclamation Writ against L. Digby. Dr. Featly and Kirwin left to the Law. Smart's Cause versus Dr. Cosens to be heard. The Sheriff of Essex to prevent killing of Deer in Waltham Forest. Scarning and Fitch. Message from the H. C. with an Order for issuing Arms &c. from The Tower, for Munster. The Order. Agreed to. The Copy of the King's Warrant. List of the Arms to be delivered. Adjourn. Footnotes

DIE Lunæ, videlicet, 2 die Maii.

PRAYERS.

Webb versus Bp. Landaff.

Ordered, That Mr. Turner shall appear before the Committee for Petitions To-morrow in the Afternoon, touching a Certificate made by him to this House, concerning the Cause between Alice Widow, and the Bishop of Landaph.

L. Loftus's Cause.

Ordered, That the Cause of the Lord Viscount Loftus shall be heard the First Cause To-morrow Morning.

Captain Bell's Cause recommended by the Scots Commissioners.

The Earl of Bedford and the Lord Howard of Estc. informed this House, "That they have received a Letter from the Scotts Commissioners, to desire them to recommend from them the Cause of one Captain Bell, which hath long depended in this House, that some speedy Course may be taken, to give him some Relief in his Business:" Hereupon this House Ordered, That the Committee for Petitions shall meet To-morrow in the Afternoon, and take this Business into Consideration.

Dowager Lady Delawar's Privilege.

Hawkes kept in Custody for arresting her.

This Day William Hawkes, a Bailiff, was brought to this Bar, as a Delinquent, for arresting the Lady Ella Warr, and carrying her out of her Coach, near The Old Exchange, in London, after she told him she was a Baroness, and had the Privilege of Parliament, as appeared by the Testimony of John Gore and Richard Symmes, upon Oath; but the said William Hawkes denied he knew she was a Baroness until afterwards. Hereupon this House Ordered, That the Bail, at the Suit of one Reade, against Isabella Dowager Dela Ware, shall be forthwith discharged, and the Suit staid; and this House doth now Declare, That the Privilege of Parliament shall be continued to the said Lady Dela Ware, during this Parliament, in all Points, both to her Person and her Estate: And it is further Ordered, That the Original Writ shall be forthwith brought in, to see the Title of the Lady Dela Ware in the Writ; and, in the mean Time, the said William Hawkes shall be kept in safe Custody.

Bill for punishing scandalous Clergymen.

Hodie 2a vice lecta est Billa, An Act for the punishing of scandalous Clergymen, and others.

Ordered, To be committed to these Lords following, who are to report their Opinions to this House:

L. Admiral.
Comes Pembrooke.
Comes Leycester.
Comes Sarum.
Comes Holland.
Comes Dover.
Comes Portland.
Ds. Hastings.
Ds. North.
Ds. Kymbolton.
Ds. Spencer.
Ds. Brooke.
Ds. Robartes.
Ds. Grey de Warke.
Ds. Howard de Estc.
Mr. Serjeant Whitfeld and
Mr. Serjeant Glanvile,
Assistants.

Their Lordships, or any, to meet this Day Sevennight, in the Painted Chamber, at Three of the Clock in the Afternoon.

Bill to restrain Peers made hereafter from voting in Parliament.

Hodie 2a vice lecta est Billa, An Act to restrain Peers made hereafter from sitting or voting in Parliament.

Ordered, To be committed to the Consideration of these Lords following, who are to report their Opinions thereof to this House:

L. Admiral.
Comes Bedford.
Comes Essex.
Comes Pembrooke.
Comes Sarum.
Comes Bollingbrooke.
Comes Berks.
Comes Dover.
Ds. Wharton.
Ds. North.
Ds. St. Johns.
Ds. Hunsden.
Ds. Kymbolton.
Ds. Spencer.
Ds. Brooke.
Ds. Robartes.
Ds. Howard de Estc.

The Two Chief Justices Assistants.

Their Lordships, or any Five, to meet this Afternoon, in the Painted Chamber, at Three of the Clock.

A Message was brought from the House of Commons, by Arthur Goodwin, Esquire:

Message from the H. C. to desire the Lords would sit a while.

To desire that their Lordships would please to sit a while, for the House of Commons have a Business of extraordinary Consequence to acquaint their Lordships withall.

The Answer returned to the aforesaid Message was:

Answer.

That their Lordships will sit a while, as is desired.

Justice Mallet to be released upon Bail.

Ordered, That Mr. Justice Mallett shall be free of and from his present Restraint and Imprisonment, upon entering into Recognizance of One Thousand Pounds unto our Sovereign Lord the King, before this House, with a Condition to appear before the Lords in Parliament upon Notice given him.

A Message was brought from the House of Commons, by Sir Phillip Stapilton, Knight, and others:

Message from the H. C. for a Conference about Hull, and some transactions at York; and to desire the Lords to fit P. M.

To desire a present Conference, by a Committee of both Houses, touching the Business of Hull, and a Relation of something done at Yorke; also to desire their Lordships would please to sit as a House this Afternoon, at Four of the Clock, if it may stand with their Lordships Conveniency.

The Answer returned to this Message was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired; and that their Lordships will sit at Four of the Clock this Afternoon, as a House.

Steward's Cause reported.

Upon the Report this Day made unto this House of the Cause of Mr. Henry Steward, touching an unjust Proceeding against him by the late Lord Lieutenant of Ireland, and the Council Board there, some of which Council have the Government and Disposing of Things now in that Kingdom, and, in this Time of the Rebellion and great Troubles there, have and do demean themselves very nobly, and much to the Honour, Good, and Safety of both these Kingdoms, who may not be absent from Ireland at this Time; this House therefore thinks it not fit to proceed now in any Judicial Way against the said Counsellors, in this particular Cause of the said Mr. Steward: Whereupon it is thought fit, and so Ordered by the Lords in Parliament, That the whole Business is hereby referred to the Right Honourable the Earl of Leycester, Lord Lieutenant of Ireland, to examine, mediate, and end the same, as in his Lordship's Wisdom he shall think fit.

Next, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Conference about Hull, and some Transactions at York, reported.

Then the Lord Keeper reported the Effect of this Conference; which was, "That the House of Commons acquainted their Lordships with some Informations which they have received concerning Yorke and Hull.

Narrative of Rushworth, One of the Clerks of the H. C.

"1. A Narrative was made by John Rushworth, One of the Clerks of the House of Commons, of some Matters as came to his Knowledge when he was at Hull.

Petition to the King, by the Gentry &c. of Yorkshire.

"2. Next, was presented to their Lordships Consideration, a Petition delivered to His Majesty, by some of the Knights, Gentry, and Freeholders, of the County of Yorke; which was read, as followeth:

"To the King's Most Excellent Majesty.

"The humble Petition of the Knights, Gentry, and Freeholders, of the County of Yorke, who have subscribed hereto,

"Humbly sheweth,

The Petition.

"That, at the last Assizes, they, with all loyal Duty, presented a Petition to Your Majesty, and another to the Lords and Commons in Parliament assembled, containing their humble Requests for the Declaration of such Means as might take away all Distances, and produce a blessed Union, most necessary to this afflicted Kingdom; which then was, and we are confident yet (fn. *) is, the earnest Prayer and Desire of all in this Country, who are well affected to Your Majesty, the true Protestant Religion and the Peace of Your Dominions. And since, by a Letter from the Speaker of the House of Commons, directed to the Sheriff, we are assured that they are framing accordingly their humble Desires to Your Majesty, such as chiefly tend to the Honour of God, the Greatness and Prosperity of Your Majesty, and the Public Good of the Commonwealth; yet since, most Gracious Sovereign (with much Sorrow of Heart), we understand that a few Gentlemen of this County have taken upon them to anticipate these Demonstrations of Duty, which both Houses are preparing for Your Majesty's Gracious Resolutions thereupon; and, in the Name of the Gentry and Commons of the County of Yorke (whereas indeed they were a very small Part of the Gentry only, as we are informed), in a Petition to Your Majesty, directly opposite to the Petition of both Houses of Parliament concerning the removing of the Magazine at Hull, tending to foment Division between Your Majesty and Your Great Council: We therefore, encouraged by that Expression from Your Majesty's own Mouth concerning other Petitions, that You have not gone about to discourage them from petitioning in an humble Way; and being most assured that Our loyal Affections to Your Majesty, Your Crown, and Dignity, are not inferior to any of Your Subjects whatsoever, and that we have better Ground and Warrant to represent the Sense of the Gentry and Commons of Yorkeshire than those few Petitioners had; yet are we not possessed with so much Arrogancy as to believe that a few amongst us, or all the County together, can judge of the Fitness where to dispose that Magazine, or of the State and Safety of this Kingdom, and of Your Majesty's Person, so well as Your Great Council, whose Judgement we are bound to prefer before all Private Counsels, and whose Endeavours have given us much Assurance of their Care and Fidelity to the Public, which we doubt not shall tend to the Honour, Satisfaction, and Greatness of Your Sacred Majesty and Royal Posterity: And that Your Majesty would graciously apply yourself to all good Means of Union, that those Duties, which, by the Laws of God and Men, we owe, expressed in our last Protestation, may not become a divided Proposition; since the Defence of Your Majesty's Royal Person, Honour, and Estate, the Power and Privileges of Parliament, and the lawful Rights and Liberties of the Subject, taken jointly, do all serve to strengthen each other, which we shall equally labour to preserve, to the uttermost of our Lives, Power, and Estate.

"And Your Petitioners shall daily pray for Your long and prosperous Reign, &c.

"3. After this, was read, the Propositions made by His Majesty to the Knights and Gentry of Yorkeshire, and their Answer to them.

"The Substance of His Majesty's Propositions consisted in these Two Particulars:

The King's Propositions to the Gentry of Yorkshire.

"1. To know whether we would defend His Majesty's Royal Person from Violence, or no, according to our Duty.

"2. To have our Advice concerning His Majesty's being not admitted into His Town of Hull, and how His Majesty may be vindicated in His Honour for the Affront; and how He may be put into the Possession of His own.

"The Answer:

Their Answer.

"May it please Your Sacred Majesty, We shall be ready to defend Your Majesty's Person from Violence, by all such Ways as the Laws and our Duty bindeth.

"And for the Means to vindicate Your Majesty's Honour, and to put You into Possession of Your own, we conceive the best Advice that we can offer to Your Majesty is, humbly to desire You to hearken to the Counsel of the Parliament, who, we assure ourselves, will be careful of Your Majesty's Person and Honour, and to whom Your Majesty hath already been pleased to direct a Message.

"Upon Consideration of the aforesaid Particulars; the House of Commons have some Desires to their Lordships.

Desires of the H. C. concerning these Proceedings at York.

"1. That this House would join with them, in giving Thanks to the Knights, Gentlemen, and Freeholders of the County of Yorke, that presented the aforesaid Petition, and returned the Answer to His Majesty, especially to the Sheriff of that County, and Sir Henry Chomeley, Knight, and Mr. Pelham, Two Members of the House of Commons.

"2. To let their Lordships know, that the House of Commons think it fit and necessary to send down some of their Members, as Committees, into Yorkeshire, with Instructions to be agreed on by both Houses of Parliament; and the House of Commons leaves to their Lordships Judgement whether they will send any Members of their House to join with them.

"3. The House of Commons desires that the Committees of both Houses, appointed on Saturday last, may meet presently, and expedite the Answer to the King's Two last Messages concerning Hull; and that they may have Power to make Use of the Narrative made this Day by Rushworth, as they shall see Cause, and consider what is fit to be done thereupon; and further, that the said Committee shall consider of Instructions fit to be given to the Committees that are to be sent into Yorkeshire."

Agreed to, and L. Howard of Estcricktogo to Yorkshire, with a Committee of the H. C. to receive Instructions from the Parliament.

Ordered, That this House agrees with the House of Commons in all the Desires of this Conference; and hereby appoints the Lord Howard of Estc. to join with a proportionable Number of the House of Commons, to go into Yorkshire, and to reside there, according to such Instructions as shall be given them from both Houses of Parliament.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 2m diem Maii, 1642, hora 3a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Justice Mallet Bailed.

Thomas Mallet, Miles, Unus Justiciarius de Banco Regis, recognovit se debere Domino Regi in Mille Libris, levari ex Terris, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if the said Sir Thomas Mallet, Knight, One of the Judges of the King's (fn. *) Bench, shall appear, and attend the Lords in Parliament, upon Notice given, that then the said Recognizance to be void; else to remain in full Force and Virtue.

Riot in Waltham Forest.

Delinquents sent for.

Upon Information to the House this Day, by the Earl of Holland, "That divers Persons, in a riotous and unlawful Manner, are assembled together, to kill and destroy His Majesty's Deer, in Waltham Forest, in the County of Essex:" Hereupon it is Ordered, That the Gentleman Usher attending this House, or his Deputy, shall attach the Bodies of Mr. Russell, Minister of Chingford, John Chadwell, Richard Barrett, John Cordell, John Browne, John Dell, Isaack Bellamy, John Legg, John Alman, Thomas Harding, Samuell Browne, William Mason, John Sansome, William Combes, Samuell North, Emanuell Sterlinge, Gutteridge, Ruben Hughes, Ralph Hughes, William Scruggs, William Hill, Strettam, and Nic. Cave, principal Actors herein, and bring them before the Lords in Parliament, to answer their Riots committed in Waltham Forest.

Legay and Fairvax versus Philips.

Upon reading the Petition of Isaack Legay and Daniell Fairevacks, Merchants, against Nicholas Phillips, desiring a Ne exeat Regnum against him; it is Ordered, by the Lords in Parliament, That the Lord Keeper of the Great Seal of England shall call all the Parties before him; and, if the (fn. *) said Nicholas Phillips will put in his Answer to a Suit depending in Chancery, and put in such Security as his Lordship shall think fit, to stand to the Order and Determination of the Court of Chancery, then the said Writ of Ne exeat Regnum shall be stayed; otherwise speedily to issue forth against the said Phillipps, as in the said Petition is desired.

The Opinion of the Judges concerning Printing Libels.

The Lord Keeper reported, "That the Judges have considered of the Case referred to them by this House, concerning the Printing of Libels; and the Judges are of Opinion, That the Printing of Libels is a Publication of them."

A Message was brought from the House of Commons, by Sir John Evelyn, Knight, and others:

Message from the H. C. with an Addition to the First Article of L. Digby's Impeachment.

To let their Lordships know, that the House of Commons, having exhibited Articles against the Lord George Digby, with a Liberty reserved to add as they should see Cause, they have now added One Clause in the First Article of their Charge, being these Words, ["and did levy War against the King"]; which Words were, by the Order of this House, added accordingly: And this House further Ordered, That a Proclamation, according to the former Form, shall forthwith issue, dated the 3d of May 1642, in these Words following: videlicet,

The Proclamation Writ against L. Digby.

"Rex. &c. Vicecomiti Midd. Salutem. Cum Communitas Regni Nostri Angliæ, in præsenti Parliamento, Georgium Dominum Digby de Alta Proditione accusaverit et impetierit; cumque per Dominos, in eodem Parliamento, de Assensu et Avisamento Nostris, ordinatum existit, quod Proclamatio per totum Regnum Nostrum Angliæ publice (fn. †) fiat, quod idem Georgius Dominus Digby in propria Persona sua compareat, et se reddat, coram Nobis et præfatis Dominis, xviii° die instantis Maii, ad respondendum de eadem Proditione, et ad standum recte coram Nobis et præfatis Dominis in hac parte, sub Pæna Convictionis: Nos, volentes prædictam Ordinationem Effectui debito mancipari, tibi præcipimus, firmiter injungendo, quod statim, visis præsentibus, in singulis Civitatibus et Villis Mercatoriis, et aliis Locis, in Balliva tua, ubi melius exped. videris, ex parte Nostra, publice proclamari facias, quod idem Georgius Dominus Digby in propria Persona sua compareat, et se reddat, coram Nobis et præfatis Dominis, in præsenti Parliamento Nostro, dicto decimo octavo die Maii, ad respondendum de Proditione prædicta, et standum recte coram Nobis et præfatis Dominis in hac parte, sub Pœna Convictionis. Et Nos de Diebus et Locis Proclamationis prædictæ, cumfacta fuerit, sub Sigillo (fn. ‡) tuo, distincte et aperte sine Dilatione reddas certiores, hoc Breve Nobis remittens. Teste Meipso, apud Westm. tertio die Maii, Anno Regni Nostri Decimo octavo."

Which said Proclamation is to be directed to all Counties, Cities, and Places, usual for Proclamation Writs, to summon George Lord Digby to appear before the Lords in Parliament on the 18th of May, next, sub Pæna Convictionis, to answer unto a Charge of High Treason brought up by the House of Commons against him.

Dr. Featly and Kirwin left to the Law.

Ordered, That the former Orders of this House, made in the Cause between Dr. Featly and Andrew Kirwin, for the staying of a Cause depending between them in the Exchequer, shall be hereby taken off, and made void; and the Parties shall be left to take their ordinary Course in Law.

Smart's Cause versus Dr. Cosens to be heard.

Ordered, That Mr. Smarte's Cause shall be heard, by Counsel on both Sides, at this Bar, this Day Sevennight, at Ten of the Clock in the Morning; at which Time all Parties and Witnesses are to have Notice of it.

The Sheriff of Essex to prevent killing of Deer in Waltham Forest.

Ordered, That the Sheriff of the County of Essex, and His Majesty's Justices of Peace of the said County, shall suppress all Riots and unlawful Assemblies that shall meet, or come together, in the Forest of Waltham, to chase or kill His Majesty's Deer there; and to take Course, from Time to Time, that all such Offenders shall be apprehended, and brought before the Lords in Parliament, to receive such Punishment as shall be suitable to their Offences and Demerits.

Scarning and Fitch.

Ordered, That a former Order of this House, dated the First of March last past, for the Releasement of Gilbert Fitch, at the Suit of Ezechias Scarning, shall, by virtue of this Order, be taken off and vacated, and the said Scarning left to his ordinary Remedy at Law, if the said Gilbert Fitch shall not (having Notice given him) shew Cause to the contrary on Saturday next, at the Sitting of this House.

A Message was brought from the House of Commons, by Robert Reynolds, Esquire, and others:

Message from the H. C. with an Order for issuing Arms &c. from The Tower, for Munster.

To desire their Lordships Concurrence in an Order, which hath passed the House of Commons, for the issuing out of The Tower of London certain Arms and Ammunition, to the Lord Lieutenant of Ireland, for the Service of the Province of Munster in Ireland; which Order is grounded upon an Order of His Majesty's, made the 15th of November last.

The Order was read, in hæc verba: videlicet,

The Order.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That, according to the Tenor of a Warrant from His most Excellent Majesty, under His Highness's Signet, bearing Date the Fifteenth of November last, to the Right Honourable the Earl of Newport directed, That the Officers of His Majesty's Ordnance and Armoury, in The Tower of London, shall forthwith deliver upon Indenture, unto the Lord Lieutenant of Ireland, or to such Person or Persons as he shall appoint to receive the same, out of the Stores and Magazines in The Tower, such Arms and Ammunition of all Sorts as are specified in a List herewith sent, which List hath been allowed and agreed upon by both Houses of Parliament; the said Arms and Ammunition to be sent into the Province of Munster in Ireland, for His Majesty's Service there."

Agreed to.

Ordered, That this House agrees with the House of Commons in this Order.

Next was read the Copy of the King's Warrant.

"CHARLES R.

The Copy of the King's Warrant.

"Whereas We did especially recommend the Care of the Preservation of Our Kingdom of Ireland, and the suppressing of the great Rebellion there, unto Our Parliament of England; who, being very sensible of the imminent Danger thereof, and for the more speedy opposing the traiterous Attempts of those Rebels, have ordained and authorized you to deliver unto Our Lieutenant of Ireland, or such Person or Persons as he shall appoint to receive the same, Arms and Ammunition of all Sorts, according to a List to be agreed upon and allowed by Our said Parliament: Our Will and Pleasure therefore is, and We do hereby will and command you, to cause to be delivered out of Our Stores and Magazines, in Our Tower of London, City of Carlile, Town of Hull, or elsewhere, such Proportion of Arms and Ammunition of all Sorts, as shall be Ordained to be delivered by Our Parliament. And for so doing this shall be your Warrant.

"Given under Our Signet, at Our Court at Holy Rood House, the Fifteenth of November, in the Seventeenth Year of Our Reign.

"To Our Right Trusty and Right Well-beloved Cousin and Counsellor Montjoy Earl of Newport, Our Master of the Ordnance."

List of the Arms to be delivered.

"A List of such Arms as are to be issued out of His Majesty's Magazine of The Tower of London, by the Officers of His Majesty's Ordinance and Armoury, to be sent into the Province of Munsten:

"Corslet, 348
Bandiliers, 1367
Pikes, 354
Muskets, 1367
Swords and Belts, 1764
Musket-rests, 3367
Drums, 32
Partizans, 56
Halberts, 27

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 3m diem instantis Maii, 1642, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.
Origin suit.
Origin. suo.