House of Lords Journal Volume 5
7 May 1642

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History of Parliament Trust

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1767-1830

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50, 51, 52, 53, 54

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'House of Lords Journal Volume 5: 7 May 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 50-54. URL: http://www.british-history.ac.uk/report.aspx?compid=34792 Date accessed: 01 October 2014.


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Contents

DIE Sabbati, videlicet, 7 die Maii.
Letter from the King to the Lord Keeper. The King's Answer to the Declaration of both Houses, about Sir John Hotham refusing Him Entrance into Hull. This Answer the Fruit of ill Counsels. Both Houses to name the ill Counsellors. Conference to be had with the H. C. to communicate this Message to them. Committee to prepare an Answer to it. Message to the H. C. for a Conference concerning the Message from the King. Message from the H. C. with an Ordinance concerning the Magazine at Hull: About Proceedings in Justice Berkley's Trial; and for a Conference about the Magazine at Monmouth, and Papists flocking to Ambassadors Houses. Order concerning the Magazine at Hull. H. C. to be accommodated at Justice Berkley's Trial. Judges to be proceeded against. Answer to the H. C. Message to the H. C. for the Committees to meet, to prepare an Answer to the King's last Message about Sir John Ho tham refusing Him admittance into Hull. Bill for exempting Four Counties from the Marches of Wales. Mr. Hawes's Cause. Sir Richard Price and others in Bushel's Cause released. Bromley versus Melshams. Committee to peruse a Letter from abroad, concerning State Matters. Parish of St. Gregory versus Inigo Jones. Adjourn. Post meridiem. Lady Delawar's Privilege. Hawks's Punishment remitted. Abuses in Wines. Paper from the Privy Council of Scotland, for conciliating Matters between the King and Parliament, and for staying the King's Journey to Ireland. Scots Commissioners to inform the House upon what Messages from the King this Paper was grounded. Message from the H. C. with a Commission for fitting out Ships for Ireland; and for the Committees to meet about an Answer to the King's last Message, about His being refused Admittance into Hull. Answer to the H. C. Commission for fitting out Ships for Ireland. Adjourn. Footnotes

DIE Sabbati, videlicet, 7 die Maii.

PRAYERS.

The Lord Keeper acquainted the House, "That he hath received a Letter from the King, wherein is inclosed a Message from the King to both Houses of Parliament;" which Letter and Message the House commanded to be publicly read, as followeth:

Letter from the King to the Lord Keeper.

"CHARLES R.

"Right Trusty and Well-beloved Counsellor, We Greet you well. Our Will and Pleasure is, That you forthwith deliver, to be read in Our House of Peers, and afterwards communicated to Our House of Commons, Our Answer (here inclosed) to the Declaration of both Our said Houses, concerning Hull; and for so doing this shall be your Warrant.

"Given at Our Court at Yorke, the 4th of May, 1642."

The Message:

The King's Answer to the Declaration of both Houses, about Sir John Hotham refusing Him Entrance into Hull.

"Since Our Gracious Message of the 24th of April last to both Houses of Parliament (demanding Justice for the high and unheard-of Affront offered unto Us at the Gates of Hull by Sir John Hotham) is not thought worthy of an Answer; but that, instead thereof, they have thought fit, by their printed Votes of the 28th of April last, to own and avow that unparalleled Act of Sir John Hotham's to be done in Obedience to the Command of both Houses of Parliament (though at that Time he could produce no such Command); and, with other Resolutions against Our Proceedings there, to publish a Declaration concerning that Business, as an Appeal to the People, and as if their Intercourse with Us, and for Our Satisfaction, were now to no more Purpose; though We knew this Course of theirs to be very unagreeable to the Modesty and Duty of former Times, and unwarrantable by any Precedents but what themselves have made; yet We are not unwilling to join Issue with them in this Way, and to let all the World know, how necessary, just, and lawful, all Our Proceedings have been in this Point; and that the Defence of these Proceedings is the Defence of the Law of the Land, of the Liberty and Property of the Subject; and that, by the same Rule of Justice which is now offered to Us, all the private Interest and Title of all Our good Subjects to all their Lands and Goods are confounded and destroyed. Master Pym himself tells you, in his Speech against the Earl of Strafford (published by the Order of the House of Commons), The Law is the Safeguard, the Custody, of all private Interests; your Honours, your Lives, your Liberties, and Estates, are all in the Keeping of the Law; without this, every Man hath a like Right to any Thing. And we would fain be answered, what Title any Subject of Our Kingdom hath to his House or Land, that We have not to Our Town of Hull? or what Right hath he to his Money, Plate, or Jewels, that We have not to Our Magazine or Munition there? If We had ever such a Title, We would know how We lost it? And if that Magazine and Munition (bought with Our own Money) were ever Ours, when and how that Property went out of Us? We very well know the great and unlimited Power of a Parliament; but We know as well that it is only in that Sense as We are a Part of that Parliament: Without Us, and against Our Consent, the Votes of either or both Houses together must not, cannot, shall not (if We can help it, for Our Subjects Sake as well as Our own) forbid any Thing that is enjoined by the Law, or enjoin any Thing that is forbidden by the Law; but in any such Alteration, which may be for the Peace and Happiness of the Kingdom, We have not, shall not, refuse to consent: And We doubt not but that all Our good Subjects will easily discern in what a miserable Insecurity and Confusion they must necessarily and inevitably be, if Descents may be altered, Purchases avoided, Assurances and Conveyances canceled, the Sovereign Legal Authority despised and resisted, by Votes or Orders of either or both Houses; and this We are sure is Our Case at Hull; and as it is Ours To-day, by the same Rule it may be theirs To-morrow.

"Against any desperate Designs of the Papists, We have sufficiently expressed Our Zeal and Intentions, and shall be as forward to adventure Our own Life and Fortune to oppose any such Designs, as the meanest Subject in Our Kingdom.

"For the malignant Party, as the Law hath not, to Our Knowledge, defined their Condition, so hath neither House presented them to Us under such a Notion as We may well understand whom they intend; and We shall therefore only enquire after and avoid the malignant Party, under the Character of Persons disaffected to the Peace and Government of the Kingdom, and such who (neglecting and despising the Law of the Land) have given themselves other Rules to walk by, and so dispensed with their Obedience to Authority: Of these Persons (as destructive to the Commonwealth) We shall take all possible Caution.

"Why any Letters intercepted from the Lord Digby (wherein he mentions a Retreat to a Place of Safety) should hinder Us from visiting Our own Fort, and how We have opposed any Ways of Accommodation with Our Parliament, and what Ways and Overtures have been offered in any Way, or like any Desire, of such Accommodation, or whether Our Message of the Twentieth of January last (so often in vain pressed by Us) have not sufficiently expressed Our earnest Desire of it; let all the World judge: Neither is it in the Power of any Persons to incline Us to take Arms against Our Parliament and Our good Subjects, and miserably to embroil this Kingdom in Civil Wars. We have given sufficient Evidence to the World how much Our Affections abhor, and Our Hearts bleed at, the Apprehension of a Civil War.

"And let God and the World judge, if Our Care and Industry be only to defend and protect the Liberty of the Subject, the Law of the Kingdom, Our own just Rights (Part of that Law), and Our Honour (much more precious than Our Life); and if, in Opposition to these, any Civil Wars shall arise, upon whose Account the Blood and Destruction that must follow must be cast: God and Our own Conscience tells Us that We are clear.

"For Captain Legg's being sent heretofore to Hull (though, by the Way, this is the First Time We ever heard that he was accused for the Practice of bringing up the Army against the Parliament, neither do We yet know that there is such a Charge against him), or for the Earl of Newcastle's being sent thither by Our Warrant or Authority; We asked a Question long ago, in Our Answer to both Houses concerning the Magazine at Hull, which We have Cause to think is not easy to be answered, why the general Rumour of the Design of Papists in the Northern Parts should not be thought sufficient Ground for Us to put in such a Person of Honour, Fortune, and unblemished (as the Earl of Newcastle is known to be) into a Town and Fort of Our own, where Our own Magazine lay; and yet the same Rumour be Warrant enough to commit the same Town and Fort, without Our Consent, to the Hands of Sir John Hotham, with such a Power as is now too well known and understood. How Our Refusal to have that Magazine removed, upon the Petition of both Houses, could give an Advantage against Us, to have it taken from Us, and whether it was a Refusal, all Men will easily understand, who read Our Answer to that Petition, to which it hath not been yet thought fit to make any Reply.

"For the Condition of those Persons who presented the Petition to Us at Yorke (whom that Declaration calls, some few ill-affected Persons about the City of Yorke) to continue the Magazine at Hull; We make no Doubt but that Petition will appear to be attested, both in Number and Weight, by Persons of Honour and Integrity, and much more conversant with the Affections of the whole County than most of those Petitions which have been received with so much Consent and Approbation; and for their Presumption of interposing their Advice, We the more wonder at that Exception, when such Encouragement hath been given, and Thanks declared, to Multitudes of mean unknown People, Prentices and Porters, who have accompanied Petitions of very strange Natures.

"For the Manner of Our going to Hull, We have clearly set forth the same in Our Message to both Houses of that Business; and for any Intelligence given to Sir John Hotham of an Intention to deprive him of his Life, as We know there was no such Intention in Us, having given him all possible Assurance of the same at Our being there, so We are confident no such Intelligence was given, or, if it were, it was by some Villain, who had nothing but Malice or Design to fright him from his due Obedience, to warrant him; and Sir John Hotham had all the Reason to assure himself, that his Life would be in much more Danger, by refusing to admit His King into His own Town and Fort, than by yielding Him that Obedience, which he owed by his Oaths of Allegiance and Supremacy, and the Protestation, and he well knew was due and warrantable by the Laws of the Land.

"For the Number of Our Attendants (though that could be no Warrant for such a Disobedience in a Subject), it is well known (as We expressed in Our Message to both Houses, to which Credit ought to have been given), that We offered to go into the Town with Twenty Horse only, Our whole Train being unarmed; and whosoever thinks that too great an Attendance for Ourself and Our Two Sons, have sure an Intention to bring Us to a meaner Retinue than they yet will avow.

"Here then is Our Case (of which let all the World judge): We endeavoured to visit a Town and Fort of Our own, wherein Our own Magazine lay: A Subject, in Defiance of Us, shuts the Gates against Us, with armed Men resists, denies, and opposes Our Entrance; tells Us in plain Terms, We shall not come in.

"We do not pretend to understand much Law; yet, in Point of Treason, We have had much Learning taught Us this Parliament; and if the Sense of the Statute 25 E. III. Cap. 2. be not very different from the Letter, Sir John Hotham's Act was no less than plain High Treason; and We had been contemptibly stupid, if We had (after all those Circumstances of Grace and Favour then shewed him) made any Scruple to proclaim him Traitor: And whether he be so or no, if he shall render himself, We will require no other Trial than that which the Law hath appointed to every Subject, and which, We are confident, We have not (in the least Degree), in those Proceedings violated, no more than We have done the Privilege of Parliament, by endeavouring in a just Way to challenge Our own unquestionable Privileges; for that, in such a Case, the declaring him a Traitor, being a Member of the House of Commons, without Process of Law, should be a Breach of the Privilege of Parliament (of which, We are sure, none extends to Treason, Felony, or Breach of the Peace), against the Liberty of the Subject, or against the Law of the Land, We must have other Reasons than bare Votes.

"We would know if Sir John Hotham had (with those Forces by which he kept Us out of Our Town of Hull) pursued Us to the Gates of Yorke (which he might as legally have done), must We have staid from declaring him Traitor, till Process of Law might have issued against him? Will Fears and Jealousies dispense with real and necessary Forms? And must We, when actual War is levied upon us, observe Forms which the Law itself doth not enjoin?

"The Cause is truly stated; let all the World judge (unless the meer Sitting of a Parliament doth suspend all Laws, and We are the only Person in England against whom Treason cannot be committed) where the Fault is: And whatsoever Course We shall be driven to for the Vindication of this Our Privilege, and for the Recovery and Maintenance of Our known and undoubted Rights, We do promise, in the Presence of Almighty God, and as We hope for His Blessing in Our Success, that We will, to the uttermost of Our Powers, defend and maintain the true Protestant Profession, the Law of the Land, the Liberty of the Subject, and the just Privilege and Freedom of Parliament.

"For the Order of Assistance given to the Committees of both Houses, concerning their going to Hull, We shall say no more, but that those Persons named in that Order, We presume, will give no Commands, or Our good Subjects obey, other than what are warranted by the Law (how large and unlimited soever the Directions are, or the Instructions may be); for to that Rule We shall apply Our own Actions, and by it require an Account from other Men; and that all Our good Subjects may the better know their Duty in Matters of this Nature, We with them carefully to peruse the Statute in the Eleventh Year of H. VII. Cap. 1°.

"We conclude with Mr. Pym's own Words: If the Prerogative of the King overwhelm the Liberty of the People, it will be turned to Tyranny; if Liberty undermine the Prerogative, it will grow into Anarchy, and so we say, into Confusion."

This Answer the Fruit of ill Counsels.

Both Houses to name the ill Counsellors.

Conference to be had with the H. C. to communicate this Message to them.

The House taking this Message into Consideration; their Lordships were of Opinion, That it was the Fruit of evil Counsels and Advice about the King; therefore resolved to communicate the same to the House of Commons, at a Conference; and to move that House, "That the Houses may speedily think of naming such Persons as are the evil Counsellors about His Majesty, that so some Course may be advised of, to remove them from His Majesty:" Hereupon this House Ordered, To have a present Conference with the House of Commons, to communicate the said Message to them; and the Earl of Essex is appointed to deliver at the Conference what he spake in this House, concerning the Message; and further it is to be propounded, that a select Committee of both Houses may be named, to consider of preparing an Answer to this Message, and to report the same to this House; and these Lords following were named Committees, to join with a proportionable Number of the House of Commons, for that Purpose:

Committee to prepare an Answer to it.

L. Admiral.
Comes Essex.
Comes Pembrooke.
Comes Leycester.
Comes Holland.
L. Viscount Say & Seale.
Ds. Pagett.
Ds. North.
Ds. Spencer.
Ds. Kymbolton.
Ds. Brooke.
Ds. Grey de Warke.
Ds. Robertes.

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

Message to the H. C. for a Conference concerning the Message from the King.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Mr. Serjeant Glanvile:

To desire a Conference, by a Committee of both Houses, in the Painted Chamber, presently, if it may stand with their Conveniency, touching a Message received from the King, being of a very high Nature.

Message from the H. C. with an Ordinance concerning the Magazine at Hull:

A Message was brought from the House of Commons, by Mr. Pierpointe and others, of these Particulars following:

1. To present an Ordinance concerning the Magazine at Hull, wherein they desire their Lordships Concurrence.

About Proceedings in Justice Berkley's Trial;

2. To desire that a convenient Place may be appointed, in this House, for the Members of the House of Commons that are to manage the Evidence, and the Witnesses, to be present at the Trial of Justice Berkley; and that their Lordships would please to appoint the Lord Chief Baron, Baron Trevor, and Judge Crawley, to give their Attendance at that Time, to be examined as Witnesses; and that their Lordships would also appoint a speedy Time for the Trial of Judge Brampston, after the Trial of Judge Berkley is over, in regard some of the Witnesses against Justice Berkley are material Witnesses against Judge Brampston, and live far off in the Country, and will else be put to a double Trouble; and also it was desired, that this House would appoint a speedy Day for the Trial of the rest of the Judges that are impeached.

Agreed to.

and for a Conference about the Magazine at Monmouth, and Papists flocking to Ambassadors Houses.

3. To desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, concerning the Magazine of Monmouth, and other Magazines; and concerning the flocking of Papists to Foreign Ambassadors Houses; and touching one Chandler, Consul at Portugal; and concerning the Spanish Ambassador's entertaining English Papists.

Agreed, To give a present Conference.

Then the Order concerning the Magazine at Hull was read, as followeth:

Order concerning the Magazine at Hull.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That, notwithstanding any former Order, the Earl of Newport, Master of the Ordnance, if he be in Kingston upon Hull, or in his Absence Alderman Watkinson, or any other Person intrusted with the Magazine of Hull, or that otherwise hath the Charge and Custody thereof, shall forthwith deliver up the said Magazine, or so much thereof as shall be directed by the Committees employed from both Houses of Parliament, and Sir John Hotham, to such Persons as they shall appoint, to be conveyed to The Tower of London; and that just and perfect Inventories be taken of all such Arms and Ammunition as have been already taken out since Sir John Hotham came to the said Town of Hull, or shall be delivered or continued there, by Direction of the said Committees and Sir John Hotham; and the said Committees and Sir John Hotham are hereby Ordered to convey and send up the said Magazine to The Tower of London, and provide Shipping and other Necessaries, which they, in their Judgement, shall hold necessary for the convenient and safe Conveyance thereof, reserving only so much of the Arms and Ammunition, to remain in the said Magazine, as shall be by them thought needful for the Safeguard of the Town."

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

H. C. to be accommodated at Justice Berkley's Trial.

Ordered, That the King's Surveyor of the Works shall forthwith give Directions, That a convenient Place may be made in this House, for such of the House of Commons as shall be directed by that House to manage the Evidence against Mr. Justice Berkley, on the 17th of this Instant May, and likewise for their Witnesses that shall be produced in that Cause at the same Time.

Directed "To Inigo Jones, Esquire, and other His Majesty's Officers here, to whom this doth appertain."

Judges to be proceeded against.

Ordered, That this House will give a present Conference, in the Painted Chamber, as is desired; and that this House will proceed against the rest of the Judges with all convenient Expedition.

The Answer returned was:

Answer to the H. C.

That this House agrees to the Order concerning the Magazine at Hull; and that their Lordships have taken Order, that a convenient Place shall be made for their Members that manage the Evidence against Justice Berkley, and likewise for the Witnesses; that this House will proceed against the rest of the Judges with all convenient Speed; and that this House will give a present Conference, in the Painted Chamber, upon those Particulars desired.

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

Message to the H. C. for the Committees to meet, to prepare an Answer to the King's last Message about Sir John Ho tham refusing Him admittance into Hull.

A Message was sent to the House of Commons, by Mr. Justice Foster and Mr. Justice Heath:

To let them know, that, if they agree to the nominating a Committee of their House, to join with a Committee of Lords, to prepare an Answer to the King's last Message, the Lords have appointed to meet this Afternoon, at Two of the Clock, in the Painted Chamber.

Bill for exempting Four Counties from the Marches of Wales.

Ordered, That the Bill for exempting the Four Counties from the Jurisdiction of the Marches of Wales shall be taken into Consideration on Monday Morning next, the First Cause.

Mr. Hawes's Cause.

Ordered, That Mr. Hawes's Cause shall be heard the Second Cause on Monday Morning next.

Sir Richard Price and others in Bushel's Cause released.

Ordered, That Sir Richard Price, Knight and Baronet, and such others as are now in Custody upon the Breach of an Order of this House, in a Cause of Thomas Bushell, Esquire, shall be freed of their present Restraint, upon entering into Bond of Five Hundred Pounds, unto the Gentleman Usher attending this House, to appear before the Lords in Parliament on Tuesday the Tenth of this Instant May, to answer the Complaint of the said Thomas Bushell, and so from Time to Time, until the said Business be concluded, and the Pleasure of this House be further known, touching their said Releasement.

Bromley versus Melshams.

Upon the humble Petition of John Bromley, desiring to have Liberty to proceed in a legal Way against George, John and Francis Melsham, who pretend to have Protection from the Lord Great Chamberlain; it is Ordered by this House, That his Lordship is to have a Copy of the said Petition, and he required to give his Answer to this House, why the Petitioner should not have Liberty to proceed against the aforesaid Persons, according to Law.

Committee to peruse a Letter from abroad, concerning State Matters.

The Earl of Essex acquainted this House, "That a Gentleman of Quality came to him last Night, and told him that he had received a Letter from a Friend beyond the Seas, which had in it some Things which concern the State; and his Lordship being unwilling that such Things should lay in his Knowledge without revealing it to this House:" Hereupon the House appointed the Lord Admiral, Earl of Essex, Earl of Leycester, and the Earl of Holland, to read the Letter, and extract such Particulars out of it as are fit to communicate to this House.

Parish of St. Gregory versus Inigo Jones.

Ordered, That the Cause, upon a Charge of the House of Commons, on the Behalf of the Parishioners of St. Gregorie's, London, against Inigo Jones, shall be heard at this Bar on Friday next, being the 13th of this Instant May; at which Time all Parties and Witnesses are to attend the said Hearing.

Mr. Justice Foster and Mr. Justice Heath return this Answer:

That they have delivered their Message to the House of Commons, as they were directed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 7m diem instantis Maii, hora 2a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Lady Delawar's Privilege.

Hawks's Punishment remitted.

Ordered, That William Hawkes shall be remitted to stand upon a Stool in Cheapside, on Monday next, with a Paper on his Head, notwithstanding any former Order of this House to that Purpose; and that he, having made his Submission in this House, and to the Lady Dela Ware, shall be released from his Imprisonment, paying his Fees.

Abuses in Wines.

Hodie 3a vice lecta est Billa, An Act to prevent divers Abuses concerning Wines.

And, it being put to the Question, it was Resolved, To pass as a Law, nemine contradicente.

The Earl of Bedford presented a Paper to the House, which he was desired by the Scottish Commissioners to deliver to this House; which Paper the House commanded to be read, as followeth:

"At Edingburgh, the 22d Day of April, 1642.

Paper from the Privy Council of Scotland, for conciliating Matters between the King and Parliament, and for staying the King's Journey to Ireland.

"The Lords of the Privy Council of the Kingdom of Scotland, in a frequent Meeting, having, according to the Importance of Matters of so great Weight and high Concernment, maturely and at Length considered the several Declarations, Messages, Answers, and Instructions, sent unto them from His Majesty; as also what hath been represented unto them in the Declaration sent from the Parliament of England; do find themselves bound in Duty to acknowledge, that they esteem it no small Happiness to receive true and full Information from the Fountains, and not to be left to the muddy and wandering Streams of private Misreports, which are ready to mislead such as are apt to follow them, from the right Understanding of the Truth, into the dangerous By-paths of Jealousies and Error; the preventing whereof made this Kingdom, in the Time of their late Troubles, so frequently to declare themselves and their Intentions, both to the King's Majesty and to the Kingdom of England.

"They do also receive and embrace, with all humble Respect and Thankfulness, from His Majesty, the large and lively Expressions of His Royal and Religious Resolution and Care to maintain and preserve the true Religion, Liberties, and Laws of His Kingdoms, together with a right Correspondence betwixt them, it being the true only Foundation of Greatness and Glory to Himself and His Posterity, and of Peace and Happiness to His People; for which this whole Kingdom, being strictly bound, by their common Allegiance, natural Obedience, and national Oath, never to be forgotten, will be ever most willing and ready to spend their Lives, Fortunes, and what is dearest unto them.

"They do, in like Manner, with reciprocal and brotherly Affection, acknowledge the large Testimony of the Care and Zeal of the Parliament of England to keep a right Understanding betwixt the Two Nations, which both Parliaments have obliged themselves, by solemn Vow and Protestation, by all good Ways and Means to preserve; against which no sinister Information nor Misreport shall ever make this Kingdom to fall into such Misconstruction, as may be a Violation of their Vow and Protestation made in Parliament: But, in the Midst of this their Joy and Gladness, arising upon the Professions and Protestations both of King and Parliament, they cannot but profess the unfeigned Grief and great Fears, which they have received, upon the Misunderstanding and so-long-lasting Distractions betwixt His Majesty and His Parliament; which, unless they be speedily removed, can bring forth no other Fruits than the Rejoicing and Triumph of the common Enemies of our Religion and Peace, and such a World of Evils to His Majesty and His Dominions, as they are loth to suffer themselves to think upon, and choose rather to wrap them up in Silence, wishing that they be made never more to appear, than, to the Encouragement of ill-affected Persons, and Grief of the Hearts of all good Men, to express by Words.

"And therefore, upon the One Part, they wish, and are confident, that the Honourable Houses of Parliament, in their great Wisdom and Affection, will leave no fair and good Means unessayed, to induce His Majesty to return unto them, that there may be a better Understanding betwixt Him and His People, and they honoured with His Royal Presence, and strengthened by His Scepter and Authority: And although they know that they nor will nor should further meddle with the public Actions of another Kingdom, than they are called or interested as FellowSubjects under One Head and Monarch; yet, since the Honourable Houses of Parliament have thought meet to draw the Practice of the Parliament of Scotland into Example in the Point of Declaration, they are confident that the Affection of the Parliament will lead them also to the Practice of this Kingdom, in composing the unhappy Differences betwixt His Majesty and them, and, so far as may consist with their Religion, Liberties, and Laws, in giving His Majesty all Satisfaction; especially in their tender Care of His Royal Person, and of His Princely Greatness and Authority, and Prosperity of that Kingdom.

"Upon the other Part, from the deep Sense of His Majesty's Troubles, and from the Love and Loyalty of their Hearts, their humble Desire is, that His Majesty may be pleased to hearken to the earnest Desires and hearty Invitation of His People, in returning to His Parliament, which, as it is great, so it is His best and most impartial Council, that, by the Brightness of His Majesty's Presence and Countenance, all the Clouds of former Jealousies and Fears may be scattered, a mutual Confidence may be revived, and His People satisfied, as the only Means of Happiness both to the King and Kingdom; the Reflection whereof upon this Kingdom will also increase our Happiness.

"And since His Majesty hath been pleased to make known to them His Resolution to go to Ireland in Person; they are bold, as His Majesty's loving Subjects and faithful Counsellors, to give their humble Opinion, that, as they do with their Hearts acknowledge His Majesty's Fatherly Compassion of the Sufferings of His good Subjects by the Rebellion there, His Princely Endeavours in quickening all Means that may serve for their Relief, and for the more speedy and powerful Suppression of the Rebels, and Deliverance of His People, in offering to hazard His own Royal Person, than which there can be no greater Demonstration of Princely Care and Courage; so as they, by their natural Affection, and by their Desire of the Preservation of His Majesty's Person (upon which dependeth the Safety of His Kingdoms), are constrained in all Humility to represent, that they conceive it to be a Matter which requireth very mature Deliberation, whether His Majesty shall hazard His own Royal Person in such a War, and thereby also put all His good Subjects in great Fears for Him; whether the great Affairs and dangerous Distractions of the Kingdom of England (which never did more require His Personal Presence) may suffer His Absence at this Time; whether His going in Person against such base Rebels be not a descending too low, from that highest Dignity and Royal Eminency wherein God hath placed Him, as His immediate Vicegerent; and whether it be not more for His Majesty's Honour and Safety, and for the inward Security of His People against their Fears of Danger to His Majesty's Person, and their outward Quietness against Dangers to themselves, to command such Forces of His willing Subjects to go in that Expedition as, by God's Help and Assistance, may be more than sufficient to crush that Rebellion, and to reduce the whole Kingdom to His Majesty's Obedience; but concerning this, they with and hope that His Majesty may be pleased to hear and consider of the Advice and Counsel of His Parliament of England, as being most nearly concerned in the Matters of Ireland, although none be more in their Interest in His Majesty's Royal Person.

"In End, they do humbly intreat that all Means may be forborn, which may make the Breach wider, and the Wound deeper; and that no Place be given to the evil Spirit of Division, which at such Times worketh incessantly, and resteth not; but that the fairest, the most Christian, and compendious Way may be taken, by so wise a King and Parliament, as may, against all Malice and Opposition, make His Majesty and Posterity more glorious, and His Kingdoms more happy than ever: For this blessed and earnestly-wished-for Conclusion, according to their manifold Obligation and Duty, they do offer their best Endeavours; and for the present, have sent up the Earl of Lowdoun, Chancellor of the Kingdom, who will give a more full Declaration of their Mind and Desires.

"Arch. Primerose, Cler. Co."

Scots Commissioners to inform the House upon what Messages from the King this Paper was grounded.

Ordered, That the Lords Commissioners do desire the Scotts Commissioners, from this House, that they would let this House know what the King sent to the Council of Scotland, upon which this Answer now read was grounded.

A Message was brought from the House of Commons, by Robert Reynolds, Esquire, etc.

Message from the H. C. with a Commission for fitting out Ships for Ireland; and for the Committees to meet about an Answer to the King's last Message, about His being refused Admittance into Hull.

1. To present to their Lordships a Draught of a Commission, concerning setting out of Ships for the Service of Ireland; to which the House of Commons desires their Lordships Concurrence.

2. To let their Lordships know, that they have appointed a Committee, of a proportionable (fn. *) Number of their House, to meet the Committee of Lords, at the Place and Time appointed, to consider of an Answer to the King's Message received this Morning.

The Answer returned was:

Answer to the H. C.

That this House will take the Commission concerning the Ships to be sent to Ireland into Consideration, and send an Answer by Messengers of their own.

Commission for fitting out Ships for Ireland.

The Commission for setting forth the Ships for the Irish Affairs was read, and committed to the Committee for Irish Affairs.

These Lords following were added to the said Committee:

Comes Leycester.
Comes Bollingbrooke.
Ds. North.
Ds. Spencer.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco Placitorum declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 9m diem instantis Maii, 1642, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Deest in Originali.