House of Lords Journal Volume 4
7 May 1641

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1767-1830

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'House of Lords Journal Volume 4: 7 May 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 237-239. URL: http://www.british-history.ac.uk/report.aspx?compid=35591 Date accessed: 01 September 2014.


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Contents

DIE Veneris, videlicet, 7 die Maii.

PRAYERS.

Protestation taken by the Judges and Assistants of this House.

The Names of the Assistants and Judges as took the Protestation, and subscribed it:

Lord Viscount Willmott.
Lord Newburgh.
Lord Chief Justice of the King's Bench.
Lord Chief Justice of the Common Pleas.
Baron Trevor.
Mr. Justice Crawley.
Baron Weston.
Baron Henden.
Justice Reeves.
Justice Foster.
Justice Heath.
Serjeant Ayliffe.
Serjeant Glanvile.
Sir Edward Leech.
Doctor Bennett.

The Bishops to enquire about Printing Books of Innovations of Doctrine.

Ordered, That the Lords the Bishops that are of the Committee for Religion have Power from this House to enquire after the Printing and Publishing of new Books that are lately printed, full of Innovations of Doctrine; and Liberty to send for the Printer, and examine him; and afterwards to report the same to this House.

Report about the Protestation.

After this, the Bishop of Lincolne made Report of Mr. Hollis's Speech, which he delivered by way of Introduction when he brought up the Protestation; which the House approved of.

The King approves of the Lord Mayor's Request.

The Earl of Dorsett signified, "That he had acquainted the King with the Clause which the Lord Mayor of London desired might be added to the former Order; and that the King likes it well;" whereupon the House did Order it accordingly.

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

Message from the H. C. for a Conference about the Peace of the Kingdom.

To desire a Conference, by a Committee of both Houses, presently, if it may stand with their Lordships Conveniency, concerning the Peace and Safety of the Kingdom.

Answer to the said Message was:

Answer.

That their Lordships will give a Meeting presently, as is desired, in the Painted Chamber.

The Lord Privy Seal,
The E. of Bath,
E. of Warwicke, &
L. Viscount Say & Scale.

Were appointed to report the Conference.

Votes of the Lords about the E. of Strafford.

* * * * * * *

Conference about the Peace of the Kingdom reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported the Conference, as followeth:

"That it was delivered at the Conference with the House of Commons, that Seven or Eight Persons, that would have been material Witnesses in this great Bu siness, are fled, and run away, upon their sending for them; and therefore their Suspicion is much confirmed, concerning the Design to seduce the King's Army, and bringing them hither to join with other Forces, to the Disturbance of the Parliament.

"Also that they have probable Information of some Forces now at Sea Side in France, designed for Portsmouth; therefore they desire their Lordships to join with them, in all convenient Ways, for the Discovery of this Business, not doubting but that these Designs are united together; therefore it is their Desire, that Three Persons, One Member of this House, and Two Members of the Commons, be sent forthwith to Portsmouth, with a Commission directed to that Lord, a Member of this House, in the Presence of Two of their Members, to examine the Governor of Portsmouth upon Interrogatories; and, if any Cause of Jealousy be to suspect the Governor, forthwith to command him to come to Parliament; and one of the Commons to come up with him, and the other to stay there, to make as good Provision as they can for that Place till they hear from hence. If the Governor refuse to come up to London, that some speedy Course be taken, that there be no further Mischief.

"Next, that there may be some Forces drawn out in Wiltshire and Barkshire, Inland Counties, to secure Portsmouth. Then to take Care Provision be made for the Isles of Jarsey, (fn. *) and Garnesey; and that the Trained Bands of Hampshire, Sussex, and Dorsett, may be in Readiness. Also, that Order may be taken that the Ships at Portsmouth may be put into a good Posture for the defending of that Town; and that my Lord Admiral be spoken withall, to put Commanders of Trust and Fidelity into those Ships. That a Letter be sent down, under the Hand of the Speaker of this House, and under the Hand of the Speaker of the House of Commons, to the Commanders of the Army, to give Satisfaction to the Army. And to think of some fit Way how the Bottom of this Plot may be discovered.

"That the Commons have appointed some Members of their House to go into Dorsetshire, for drawing of the Men together, to be ready upon Occasion; and likewise they have sent down to the King's Army in the North other Members of theirs, for satisfying of the Army; and to endeavour the Discovery of those Counsels and Plots in Hand.

"Lastly, that the House of Commons have voted, That whosoever have counseled, assisted, or joined, to bring in any Foreign Forces, but by the Leave of the King and Advice of the Parliament, shall be accounted an Enemy to the King and Kingdom."

This being reported; the Lords took it into Consideration; and first resolved upon the Question, nemine contradicente,

Votes of the Lords upon the Conference.

That whosoever hath counseled, assisted, or joined, or shall counsel, assist, or join, to bring in any Foreign Forces into this Kingdom, but by the Leave of the King and Advice of the Parliament, shall be accounted an Enemy to the King and Kingdom.

Ld. Xymbolton to go to Portsmouth, to take Examinations of Persons there, about the Safety of that Place.

Ordered, That the Lord Kymbolton shall go to Portsmouth; and that Mr. Attorney General do presently draw, and cause to be issued out, a Commission under the Great Seal of England, directed to Edward Lord Kymbolton, enabling him to examine upon Oath George Goringe, Esquire, Governor of Portsmouth, and such others as he shall think good, in the Presence of Sir Jo. Clatworthy and Sir Phillip Stapleton, Knights, Members of the House of Commons, upon such Interrogatories as shall be administred unto them by the said Sir Jo. Clatworthy and Sir Phillip Stapleton, concerning the seducing, misleading, or discontenting His Majesty's Army in the Northern Parts, or concerning any Practice or Design against the said Town of Portsmouth, or any Parts of the Western Coasts, so as no Person be put to accuse himself; and to give an Oath to the said George Goringe to keep the said Town and Fortifications safe to His Majesty's Use.

And lastly, that the said Lord Kymbolton shall hereby have Authority, by Warrant under his Hand and Seal, and by the Advice of the said Sir Jo. Clatworthy and Sir Phillip Stapleton, to send up him the said George Goringe, or any other Person or Persons, to appear before the Lords in Parliament at such Days and Times as they shall appoint; and to put in Execution all such Ways and Courses as he shall think fit, for the securing and safe guarding of the said Town of Portsmouth, against all Forces whatsoever.

Proclamation for Percy, Jermyn, and others, to surrender.

Ordered, That a Proclamation be presently issued, to all the Counties of England and Wales, to summon Henry Percie, Esquire, Henry Jermyn, Esquire, Sir John Sucklyn, Knight, William Davenant, and Captain Billingsley, to render themselves Personally before the Lords in Parliament, at Westm. within Ten Days after the Date of the said Proclamation, upon such a Penalty as this House shall think fit to inflict upon them; and that Mr. Attorney General shall present the said Proclamation to His Majesty, to be signed.

The Proclamation followeth in these Words, which were read openly in this House, and approved of : videlicet,

"Whereas Henry Percy, Esquire, Henry Jermyn, Esquire, Sir John Sucklyn, Knight, William Davenant, and Captain Billingsley, being by Order of the Lords in Parliament to be examined, concerning Designs of great Danger to the State, and mischievous Ways to prevent the happy Success and Conclusion of this Parliament, have so absented and withdrawn themselves as they cannot be examined; His Majesty, by the Advice of the said Lords in Parliament, doth strictly charge and command the said Henry Percy, Esquire, Henry Jermyn, Sir Jo. Sucklyn, William Davenant, and Captain Billingsley, to appear before the said Lords in Parliament at Westm. within Ten Days after the Date hereof, upon Pain to incur and undergo such Forfeitures and Punishments as the said Lords shall order and inflict upon them."

Order for the Trained Bands of Dorset and Hampshire to be ready.

After this, the House took into Consideration the Care of the Trained Bands of Dorsettshire and Hampshire, etc. that they might be in a Readiness, and put into good Order. To that Purpose thought it fit that the Earl of Sarum be recommended to His Majesty, to be joined with the Lord Cottington in his Lord Lieutenantship of the County of Dorsett; and likewise that the Earl of South'ton may be joined with the Earl of March and the Earl of Portland, in the Lord Lieutenantship of Hampshire.

Committee to move the King for this.

And the Lord Steward, Lord Chamberlain, Earl of Essex, Earl of March, were appointed by the House to move His Majesty herein; and to deliver it as the Request of this House.

Bill from the H. C.

A Message from the House of Commons, by Mr. Pierpointe:

To let their Lordships know, that he was commanded by the Commons to present to this House a Bill, intituled, "An Act to prevent Inconveniencies, which may happen by the untimely adjourning, proroguing, or dissolving, of this present Parliament."

Bill to prevent Inconveniencies which may happen by interrupting the Course of this Parliament.

Hodie 1a et 2a vice lecta est Billa, An Act to prevent Inconveniencies, which may happen by the untimely adjourning, proroguing, or dissolving, of this present Parliament; and it was committed to be debated by the Committee of the whole House.

The House was adjourned into a Committee during Pleasure, to debate the said Bill; and the House being resumed, it was reported unto the House, That the said Bill is fit to pass, with some few Amendments; con cerning which they think fit to have a Conference with the House of Commons about it.

The Judges declare the E. of Strafford guilty of High Treason.

After this, the Lord Chief Justice of the King's Bench delivered it as the unanimous Opinions of all the Judges present, "That they are of Opinion, upon all that which their Lordships have voted to be proved, That the Earl of Strafford doth deserve to undergo the Pains and Forfeitures of High Treason by Law."

Bill of Attainder of the E. of Strafford passed.

* * * * * * *

E. of Cleveland's Bill.

Ordered, That the Committee concerning the Earl of Cleveland's Bill be referred till this Day Sevennight.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora 3a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Scaffolds in Westminster Hall to be taken down.

Ordered, That the Scaffolds in Westm. Hall be taken down forthwith, and carried away.

The Lord Steward reported to the House, "That His Majesty hath been moved from this House, That he will join the Earl of South'ton in the Lieutenantship of Hampshire with the Earl of March and the Earl of Portland; and the Earl of Sarum with the Lord Cottington for Dorsettshire; and His Majesty received it very well; and gave their Lordships Thanks for their Care, and To-morrow will send an Answer."

Power given to Sir Philip Carteret in the Isle of Jersey.

A Paper was presented to the House, sent from Sir Phillip Carterett, concerning the better Defence of the Isle of Jarsey; which being read, it was Ordered, for the better securing of that Island, That Sir Phillip Carteret, Lieutenant Governor of the said Island, shall have full Power and Authority, by virtue of this Order, in Case of imminent Danger, actually to add to the ordinary Garrisons in His Majesty's Castles there, such a Number of the Inhabitants of that Isle as he shall judge necessary to secure the said Castles against all Attempts; and that the said Governor may appoint such others of the said Inhabitants to watch in the said Isle, at such Times as he shall find most convenient. And lastly, that the said Sir Phill. Carterett shall be hereby authorized to take, out of His Majesty's Stores in the said Castles, such a Proportion of Powder, and other Ammunition, as can well be spared, to be distributed amongst the Inhabitants, for His Majesty's Service, in the Defence of the said Island; they paying for the Powder after the Rate of Twelve Pence the Pound, and for other Ammunition the usual and accustomed Rates.

Bill for the Parliament.

Next, the Lord Privy Seal reported to the House the Bill concerning the Parliament, with the Amendments; which being read Twice, it was resolved it should be sent down to the House of Commons, by a Conference.

Ten Thousand Pounds to Sir Adam Loftus, to discharge the Irish Army.

Then the Earl of Bristoll reported to the House, "That His Majesty had taken a Resolution for the disbanding of the new Irish Army. To that Purpose an Estimate hath been of the Charge; and it hath been given in to the King, that Ten Thousand Pounds will now do it; whereupon there is Order taken for the speedy raising and returning of Monies to that Intent; and Sir Adam Loftus, Vice Treasurer of Ireland, hath engaged himself to re-pay in September next those Monies that shall be disbursed by the Earl of Corke and others in the Interim for that Purpose.

Consultation how to dispose of the Irish Soldiers.

"That likewise there is Care taken how to dispose and employ the said Soldiers, that they may not be troublesome to that Country. To that Purpose there are Eight Colonels and Captains (fn. *) nominated, who will take off these Men, and transport them to Foreign Parts; which His Majesty will give Way unto, if it be to a Prince that he is in Amity (fn. †) with; provided that these Commanders do give to the King and the Parliament an Account both of their Persons and their Employments before they have the Command of the Soldiers."

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

Message to the H. C. for a Conference concerning the Bill for this Parliament, pressing of Mariners, and disbanding the Irish Army.

To desire a Free Conference, by a Committee of both Houses, so soon as it may stand with their Conveniency;

1. Touching the Bill brought up Yesterday.

2. Concerning the pressing of Mariners.

3. Touching the disbanding of the Irish Army.

The Lord Privy Seal, the Earl War. and the Earl of Bristoll, were appointed to deliver the Effect of the Conference; and the Lord Privy Seal was to speak concerning the Bill brought up from the House of Commons; and the Earl of Warwicke to let them know, "That the Lord Admiral signified to the House, that divers of His Majesty's Ships were victualed, and ready to put to Sea; but no Mariners can be got to man the Ships; and those that are prest and take Pay do run away. Therefore, to desire at the Conference, That the House of Commons will join with their Lordships, to think of some fit Way, both for the pressing of Mariners, and likewise for the well ordering and governing them; as thereby the Service of the Kingdom may not suffer as it doth." And the Earl of Bristoll was appointed to declare unto them the Resolutions and Way that is taken for the present disbanding of the new Irish Army.

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

Conference reported.

And the Lords that were appointed to deliver the Conference reported to the House, "That they have spoken what they were commanded to deliver at the Conference; and that the House of Commons will give an Answer To-morrow."

Sir Peter Osborne to attend.

Ordered, That Sir Peter Osborne do attend this House To-morrow Morning, to give an Account of the State and Strength of the Island of Garnesey.

Justice Reeves Leave to be absent.

Ordered, That Justice Reeves hath Leave to be absent until Tuesday next.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 8m diem Maii, hora 9a, Dominis sic decernentibus.

Footnotes

* Origin. of.
* Origin. are nominated.
Origin. with him.