House of Lords Journal Volume 5
26 May 1642

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History of Parliament Trust

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1767-1830

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83, 84, 85

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'House of Lords Journal Volume 5: 26 May 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 83-85. URL: http://www.british-history.ac.uk/report.aspx?compid=34807 Date accessed: 21 September 2014.


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Contents

DIE Jovis, videlicet, 26 die Maii.
Earl of Peterborough ordered by the King to attend Him at York. Leave to be absent. Sir Thomas Littleton's Waggon stayed, with Ordnance, &c. To be communicated to the H. C. Lord Howard's Letter. Bruton and Lenthall in Error. E. of Sussex's Order about his Fishery. Serjeant Glanvile Leave to be absent. King's Letter to the Earl of Peterborough. Bill for a Synod to settle the Doctrine of the Church. I. Howard's Letter. L. Digby's Waggon released. Scots Commissioners desire their Paper may be considered. Conference to be had about it. Lords that are gone to York without Leave. Lords who have received Letters to go to York, to acquaint the House with them. Message to the H C. for a Conference about Lord Paget's Letter; with the Addition to the Bill for the Synod; and to acquaint them with the Scots Commissioners Paper, for perfecting the Treaty. Hawes's Petition. Brag and Rosewell in Error. Leigh and Wingfield. Answer from the H. C. Message from the H. C. that some Records quoted in the Votes about the King may be printed with them. To expedite the Declaration in Answer to the King's about Hull. With Names of Deputy Lieutenants. And for the Lords to sit a while. Answer. Messenger that was detained at York examined. Message from the H. C. that the Earl of Warwick went to Sea without filling up the Commissions for the Militia in Essex and Norfolk; And with an Order for restoring Arms at Harwich to Essex. Deputy Lieutenants of Essex and Norfolk to fill up the Commissions for Colonels and Captains. Answer to the H. C. Message from the H. C. to expedite the Ordinance, for raising Men for the Sea Adventure for Ireland; and for Sir Richard Samuel to be a Deputy Lieutenant of Northampton. Answer to the H. C. Cras, &c. released. Arms at Harwich to be restored to the County. Adjourn. Footnotes

DIE Jovis, videlicet, 26 die Maii.

Prayers.

The House appointed the Earl of Leycester to sit Speaker this Day.

Earl of Peterborough ordered by the King to attend Him at York.

The Earl of Peterborough acquainted the House with a Letter which he received from the King, to attend Him at Yorke, upon his Allegiance.

And his Lordship desired he might have Leave to go into a Course of Physick.

Leave to be absent.

The Earl of Peterborough had Thanks given him from the House; and the House gave him Leave to be absent, to take Physick, for his Health; and then this House will consider further of his going to Yorke.

And because many other Lords are gone by virtue of such Letters, this House conceived the same to be contrary to the Privilege of this House.

Sir Thomas Littleton's Waggon stayed, with Ordnance, &c.

The House was informed, "That Yesterday there was Waggons stayed at Alsebury, by the Lord Pagett, wherein there was Three Field Pieces, with new Carriages, with the Warlike Provision therein, which belongs to Sir Tho. Littleton.

To be communicated to the H. C.

Ordered, That this be communicated to the House of Commons, because the Lord Paget desired it might (fn. *) be communicated to the Parliament.

Ordered, That the Three Pieces of Ordnance, with the Ammunition, shall be stayed until further Direction from this House.

Lord Howard's Letter.

A Letter of the Lord Howard's, dated the 24th May, was read. (Here enter it.)

Bruton and Lenthall in Error.

Ordered, That the Writ of Error between Bruton and Lenthall shall be argued this Day Sevennight.

E. of Sussex's Order about his Fishery.

Ordered, That the Fishermen of Esher, concerning the Business of the Earl of Sussex, shall remain upon Bail, to appear upon Four Days Notice; in the mean Time, not to disturb the Possession of the Earl of Sussex Fishing, for which he hath a Verdict.

Serjeant Glanvile Leave to be absent.

Ordered, That Serjeant Glanvile shall have Leave to be absent for a Time.

CHARLES R.

King's Letter to the Earl of Peterborough.

Right Trusty and Right Well-beloved Cousin, We greet you well. Whereas We are desirous to speak with you, concerning some Affairs much importing the Peace and Good of this Our Kingdom, which, being of more than ordinary Consequence, will admit of no Delay: We therefore will and command you, upon your Allegiance, that (setting aside all other Occasions whatsoever) you fail not forthwith to re pair hither to Us, when We shall acquaint you with the particular Cause of Our sending for you, which is of that Importance as is neither fit to be imparted to you by Letter, nor will bear any Delay or Excuse; and for your ready Observance of this Our Command, these Our Letters shall be your sufficient Warrant.

Given at Our Court at Yorke, the 20th of May, 1642.

My Lord, I pray you, fail not to make Haste,

C. R.

To Our Right Trusty and Right Well-beloved Cousin, John Earl of Peterborough.

Bill for a Synod to settle the Doctrine of the Church.

Next, this House took into Consideration the Bill for the Assembly of Learned Divines; and the Bill was read; and this House thought fit to nominate, by Way of Addition, these Divines following:

In the 3d Skin, in the 13th Line, after the Word ["March"], and before the (fn. *) Word ["or"], put in these Names:

Doctor Westfeild, of Great St. Bartholmewes, in London; Doctor Somes, of Staynes, in the County of Midd; Mr. Lyford, Vicar of Sherborne, in Com. Dorsett; Doctor Ouldsworth, of St. Peters the Poor in London and Master of Emanuell College, in Cambridge; Mr. Carter, of Dinton, in Bukinghamshire; Mr. William Lance, of St. Michaell the Querne, in London; Mr. Hodges, of Kensington, in the County of Midd; Mr. Piern, of Wilby, in the County of North'ton; Mr. Prophett, of Marleborough, in the County of Wilts; Doctor Hamon, of Penshurst, in the County of Kent; Dr. Marsh, of St. Dunstans the West, in London; Mr. Peter Stirry; Mr. Earles, of Wilts; Mr. Gibbins, of Waltham, in Essex.

The Time of Meeting to be 1 July next.

In the 3d Skin, the 17th Line, after the Word ["the"], and before the Word ["which"], put out ["the 13th Day of June"], and insert ["the First of July"].

My Lord,

I. Howard's Letter.

In Obedience to the Commands of the House, we waited Yesterday on His Majesty, and presented Him with the Petition and Votes of both Houses. His Majesty was pleased to tell us, that He could not give a present Answer; but that we should have one shortly. We do not as yet hear of any Resolution to lay down these Guards: The Foot are here still in the same Number they were, and the Horse (as we hear) do increase; so likewise do Men's Apprehensions and Fears. The Prince is made Captain of these Horse; a Brother of Sir John Byron's, Lieutenant; and One of Sir Ingleby Daniell's Sons, a Gentleman of this Country, is made Cornet. His Majesty had summoned the Freeholders, Copyholders, and substantial Farmers of this County, to be here at Yorke, upon Friday next; but this Afternoon, we hear, there is a Warrant from His Majesty to the High Sheriff, to defer that Meeting till Friday come Sevennight. My Lord, this is all that at this Time I have to acquaint you with, more than that I am,

Yorke, the 24th May, 1642.

My Lord,

Your Lordship's humble Servant,

Edw. Howard.

To the Right Honourable the Speaker of the House of Peers for the Time being.

L. Digby's Waggon released.

Ordered, That the Lord Digbie's Waggon, stayed by a former Order of this House, shall be released and discharged.

Scots Commissioners desire their Paper may be considered.

The Lord Lieutenant of Ireland signified, "That the Scotts Commissioners desired that their Lordships would consider of the Paper, which they presented to this House, and read in this House the 18th April."

Conference to be had about it.

Ordered, To have a Conference with the House of Commons about this Paper.

Lords that are gone to York without Leave.

Ordered, That this House will take into Consideration To-morrow those Lords that are gone lately to Yorke without Leave of this House.

Lords who have received Letters to go to York, to acquaint the House with them.

Ordered, That those Lords that have received such Letters as the Earl of Peterborough hath, to come to Yorke, shall acquaint this House therewith.

Message to the H C. for a Conference about Lord Paget's Letter; with the Addition to the Bill for the Synod; and to acquaint them with the Scots Commissioners Paper, for perfecting the Treaty. Hawes's Petition.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To desire a Conference, touching

1. The Lord Pagett's Letter.

2. To acquaint them with the Addition of Names in the Bill concerning the Synod.

3. To acquaint them with the Paper from the Scots Commissioners, to perfect the great Treaty.

The Petition of Joseph Hawes, Prisoner in the (fn. *) Prison in the Court of Admiralty, "To desire that there may be a Seizure, at the Ports and Custom House, of the Goods of the Subjects of the King of Spaine. Nothing now Resolved.

Brag and Rosewell in Error.

Ordered, That the Errors in the Writ of Error between Bragg and Rosewell shall be assigned within Fifteen Days; or else the Record to be transmitted into the King's Bench.

Leigh and Wingfield.

Ordered, That the Business between Mr. Liegh and Mr. Wingfeld is referred to (fn. †)

The Messengers return this Answer from the House of Commons:

Answer from the H. C.

That they will give a present Conference, in the Painted Chamber, as is desired.

A Message was brought from the House of Commons, by Mr. Nath. Fyne:

Message from the H. C. that some Records quoted in the Votes about the King may be printed with them.

1. To desire that some Articles in French and Latin, concerning the Duke of Ireland, 11 R. II. and the Bishop of Yorke's Case 1 H. IV. which were mentioned in One of the Three last Votes; and they desire that the Three Votes, with these Precedents, may (fn. ‡) be printed and published together, which have been carefully examined by some Members of the House of Commons.

To expedite the Declaration in Answer to the King's about Hull.

2. To expedite the last Declaration in the Answer to the King's Declaration concerning Hull.

With Names of Deputy Lieutenants.

3. To desire the Approbation of Three Deputy Lieutenants: videlicet,

"Mr. William Thomas, of the County of Anglesey.

"Mr. John Fienes, for Oxfordshire.

"Mr. William Edwards, for the City of Chester.

Ordered, That this House approves of these Deputy Lieutenants.

And for the Lords to sit a while.

4. That their Lordships would please to sit a while after the Conference.

Agreed to.

The Answer returned was:

Answer.

That this House hath already Ordered the last Declaration to be printed.

2. That they do agree to the Deputy Lieutenants.

3. That their Lordships will sit a while after the Conference, as is desired.

4. That their Lordships will take the Two Precedents of 11 R. II. and 1 H. IV. into Consideration, and send them an Answer, by Messengers of their own, in convenient Time.

Ordered, That these Precedents are to be read Tomorrow.

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

Messenger that was detained at York examined.

Francis Marley, the Messenger, upon Oath, said, That he served the Orders of this House on the Earl of Newport and the Lord Savill; and they answered, That they would wait (fn. *) on the King for an Answer. That he was (fn. †)

Message from the H. C. that the Earl of Warwick went to Sea without filling up the Commissions for the Militia in Essex and Norfolk;

A Message was brought from the House of Commons, by Sir Thomas Barrington, Baronet:

"To let their (fn. *) Lordships know, that the Earl of Warwicke, going to Sea in Haste, left divers Commissions for Colonels and Captains, but no Order to whom they should be directed; therefore they desire that this House would direct some Course how those Commissions may be directed.

And with an Order for restoring Arms at Harwich to Essex.

2. To join in an Order with the House of Commons, concerning Arms to be restored to Essex, which are now at Harwich.

Agreed to.

Deputy Lieutenants of Essex and Norfolk to fill up the Commissions for Colonels and Captains.

Ordered, That this House is of Opinion, and thinks it fit, that the Deputy Lieutenants of the County of Essex and Norfolke make the Directions of the Commissions to Colonels and Captains as they shall think fit, until the Earl of Warwicke returns, or he gives further Order herein.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons in this Order; and that the Lords are of Opinion, That the Deputy Lieutenants do direct the Commissions to such Persons as they think fit, until the Earl of Warwicke returns and gives further Order herein.

A Message was brought from the House of Commons, by Mr. Cromewell:

Message from the H. C. to expedite the Ordinance, for raising Men for the Sea Adventure for Ireland;

That the House of Commons have received Information from the Committee (fn. ‡) for the Sea Adventurers for Ireland, that the Ships that (fn. *) are to go for that Service are in the Thames, (fn. ||) where they lie at a great Charge, for Want of Land-men; therefore the House of Commons desires that their Lordships would expedite the Ordinance lately brought up for the raising of Land Soldiers.

and for Sir Richard Samuel to be a Deputy Lieutenant of Northampton.

2. The House of Commons desired, That Sir Ric. Samuell may be recommended to the Lieutenant (fn. §) of North'ton, to be a Deputy Lieutenant of that County.

Ordered accordingly.

The Answer returned was:

Answer to the H. C.

That their Lordships do agree that Sir Ric. Samuell be recommended to the Lord Lieutenant of North'tonshire; and for the Ordinance for raising of Land Soldiers to go in the Ships, the Lord that hath the Paper is not now present, being sick; but the Lords will send for the Papers, and send them an Answer, by Messengers of their own, in convenient Time.

Cras, &c. released.

Ordered, That Cras and Ebron, &c. Lyncolnshiremen, shall be released, paying their Fees.

Arms at Harwich to be restored to the County.

Whereas there are several Arms at this present remaining at Harwich, in the County of Essex, being Part of the Arms of that County, which were carried into the North by His Majesty's Command, and in His Service, with Promise of full Restitution: It is therefore this Day Ordered, by the Lords and Commons now assembled in Parliament, That the Deputy Lieutenants of the said County shall have full Power and Authority to take those Arms into their Possession and Care; and to see that they be made serviceable, and equally restored to the said County, in Part of Satisfaction to them.

Adjourn.

Nona cras.

Footnotes

* Deest in Originali.
* Orign. or.
* Origin. Prisoner.
Sic.
Deest in Originali.
* Deest in Originali.
Sic.
Origin. from.
|| Origin. which.
§ Bis in Originali.