House of Lords Journal Volume 4
8 May 1641

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1767-1830

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'House of Lords Journal Volume 4: 8 May 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 240-242. URL: http://www.british-history.ac.uk/report.aspx?compid=35592 Date accessed: 21 October 2014.


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Contents

DIE Sabbati, videlicet, 8 die Maii.
Sir Peter Osborne to attend the Lords, with a Paper concerning Jersey. Petition of some Clothiers against Abbot. Order about sitting. Committee for Defence of the Kingdom. Heads for a Conference about the weighty Affairs of this Kingdom. Bill of Attainder past in the same Manner as it was sent up. Message to the H. C. for this Conference. Sir George Ratcliffe not safe in The Gatehouse. Committed to The Tower. Answer from the H. C. Conference reported. Conference about the E. of Strafford. The House to be called. Conference about E. of Strafford reported. For his speedy Execution. Both the Houses to join in Request to His Majesty for it. Message from the H. C. for a Conference about the Bill for the Parliament, and pressing Mariners. Conference reported. Cessation of Arms with the Scots for Fourteen Days. Consented to by both Houses. Both Houses to attend the King P. M. about the Earl of Strafford's Attainder. Bill to prevent the Inconveniences that may arise by dissolving this Parliament. Message to the H. C. that both Houses are to attend the King P. M. The Speaker of this House appointed to desire the King for His Royal Assent to the Attainder of the E. of Strafford. Message from the H. C. for a Conference, about pressing Mariners. Answer to H. C. Lords Reporters appointed. Conference reported. Letter from the H. C. to Sir Jacob Astley read. Committee to move the King for the Royal Assent to Two Bills. Adjourn. Post meridiem. Message from the H. C. to move the King to make the Earl of Essex Lieutenant of Yorkshire. The Lords join with them, therein. Committee to move the King in it. The King will come on Monday, to give the Royal Assent to Two Bills. Letters from this House to the Commanders in the North. This Letter to be published to the Army. Adjourn. Footnotes

DIE Sabbati, videlicet, 8 die Maii.

PRAYERS.

Sir Peter Osborne to attend the Lords, with a Paper concerning Jersey.

Sir Peter Osborne was called in; and gave an Account to the House (fn. *) what Strength the Isle of Garnesey is in, and what Provisions and Ammunitions are wanting; but referred himself to a Paper formerly delivered to Sir Henry Vane, Secretary to His Majesty, which, he said, hath been allowed of, but only staid for want of Emption Money. Hereupon it was Ordered, That Sir Peter Osborne do attend this House with a Copy of that Paper delivered to Mr. Secretary Vane.

Petition of some Clothiers against Abbot.

Upon reading the Petition of Jo. Beamont, Roger Browne, Samuel Carter, and others, Clothiers and Clothworkers, Creditors of Edward Abbott, Merchant, of London; it was Ordered, That the said Petition shall be heard on Monday Morning next, at Nine of the Clock, in the House; at which Time Sir Mauric Abbot, George Abbot, Edward Abbott, Sir John Nulls, and others interested in the said Petition, are likewise to attend this House, and may have a Copy of the Petition if they please.

Order about sitting.

Ordered, That no Lord of this House do sit or stand out of his Place; and if any Lord desire to speak with any Member of this House, he is to send word by the Gentleman Usher, and to go forth and speak with him.

Committee for Defence of the Kingdom.

Lords Committees appointed to consider of the Defence of the Kingdom, and the State of the Forts, and the Commanders of them:

L. Great Chamberlain.
E. of Bath.
E. of South'ton.
E. of Essex.
E. of Dorsett.
E. of Sarum.
E. of Warwicke.
E. of Cambridge.
E. of March.
E. of Barks.
E. of Cleveland.
E. of Portland.
E. of Newport.
L. Viscount Say & Seale.
L. Viscount Conway.
L. Bp. of Durham.
L. Bp. of Winton.
L. Bp. of Lincolne.
L. Bp. of Co. et Litchfeild.
L. Bp. of Exon.
Ds. Strange.
Ds. Willoughby de Earseby.
Ds. Wharton.
Ds. Wentworth.
Ds. North.
Ds. Howard de Charl.
Ds. Grey de Warke.
Ds. Craven.
Ds. Howard de Est.
Ds. Peirpointe.
Ds. Seymor.
Earl of Corke
Lord Viscount Willmott,
Baron Henden,
Justice Heath,,
Assistants.

Their Lordships, or any Seven of them, or more, to meet every Wednesdays and Fridays, in the Painted Chamber.

Heads for a Conference about the weighty Affairs of this Kingdom.

After this, a Conference was resolved with the House of Commons; and the Lord Privy Seal, Earl of Bath, Earl of Warwicke, Earl of Bristoll, and Bishop of Lincolne, were to withdraw, and prepare Heads for the Conference, which they did accordingly, and presented them to the House; and (fn. †) were read and approved of, the Effect whereof followeth:

"To let the House of Commons know, that the Commission for Portsmouth, desired by them, is gone down; and the Proclamation is already prepared, and shall be out this Day; the Counties assigned for the Defence of Portsmouth and the Isle of Wight, Jersey, and Gernsey, are in ordering, as is desired.

Bill of Attainder past in the same Manner as it was sent up.

* * * * * * *

"That the Lord Admiral hath been acquainted with their Desires of setting forth the Ships at Portsmouth, and doth willingly assent to prepare the Ships, and to put them into the Hands of Men of Trust, as is desired.

"To propound unto them the Cessation of Arms with the Scotts, the Time being almost expired within few Days; and this to be upon the same Terms as the last was, and for such a Time as shall be thought good by both Houses.

"And lastly, to desire their joint Advice how to proceed further in the Premises, for the Safety and Quiet of the King and the Kingdom."

Next a Message was sent to the House of Commons, by Justice Foster and Justice Heath:

Message to the H. C. for this Conference.

To desire a present Free Conference, by a Committee of both Houses, in the Painted Chamber, touching the great and weighty Affairs of both Kingdoms.

The Lord Privy Seal, Earl of Bath, and Bishop of Lincolne, were appointed to deliver the Conference.

Sir George Ratcliffe not safe in The Gatehouse.

Committed to The Tower.

Mr. Weekes signified to the House, "That, in regard of the great Concourse and Tumult of People to Westm. it might not be so safe to keep Sir George Radcliffe in The Gatehouse; therefore desired either a safe Guard about the Prison, or that Sir George Radcliffe may be removed to some safer Place." Hereupon it was Ordered by the House, That Sir George Radcliffe be forthwith committed to The Tower of London; and the Lieutenant to have Order from this House to receive him, and keep him in safe Custody there, until the Pleasure of this House be further known therein.

The Answer returned from the House of Commons to the aforesaid Message is:

Answer from the H. C.

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

Conference 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 to the House, "That he had delivered what he was enjoined by this House; and the House of Commons desire their Lordships to sit this Afternoon; and they hope then to give their Lordships an Answer both of this Conference and of that likewise Yesterday."

Conference about the E. of Strafford.

* * * * * * *

The House to be called.

Ordered, That the House be called this Afternoon; and those Lords that are absent, and cannot give good Reason for it, to be fined.

Conference about E. of Strafford reported.

* * * * * * *

* * * * * * *

For his speedy Execution.

Both the Houses to join in Request to His Majesty for it.

* * * * * * *

In the Interim, a Message was brought up from the House of Commons, by Mr. Capell:

Message from the H. C. for a Conference about the Bill for the Parliament, and pressing Mariners.

To desire a Free Conference, by a Committee of both Houses, touching the Bill which they received last Night, and touching the pressing of Mariners for the King's Navy.

Answer:

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

Lords appointed to report the Conference:

L. Privy Seal,
L. Viscount Say & Seale, &
The Lord Wharton.

The Lords went to the Conference, and the House was adjourned during Pleasure. The Conference ended, the House was resumed, and the Lord Privy Seal reported the Conference, to this Effect: videlicet,

Conference reported.

"That the House of Commons have debated the Amendments of the Bill concerning the adjourning, &c. of this present Parliament, sent down from this House; and they are of Opinion that those Amendments are not material, and therefore desire the Bill might pass without them.

"Next, it was signified, That they had made an Order in their House for the pressing of Mariners for His Majesty's Service, to continue until November next; and desired that the same Order may be in this House.

Cessation of Arms with the Scots for Fourteen Days.

"They likewise consented that there be a Cessation of Arms with the Scotts for Fourteen Days longer; videlicet, from the 16th of this Instant Month of May to the 30th of the same, upon the same Terms as formerly, if the Treaty last so long."

Consented to by both Houses.

Hereupon it was Ordered, That this House doth consent and approve of the Cessation of Arms with the Scotts for Fourteen Days, after the 16th of May to the 30th of the same Instant Month of May, if the Treaty lasts so long, upon the same Terms and Conditions as formerly.

Both Houses to attend the King P. M. about the Earl of Strafford's Attainder.

(fn. †) The Lords which went to His Majesty returned, with this Answer: "That the King hath appointed both Houses to wait on Him at Four a Clock this Afternoon, at The Banquetting House, at Whitehall, concerning the Earl of Strafford's Bill of Attainder."

Bill to prevent the Inconveniences that may arise by dissolving this Parliament.

Hodie 3a vice lecta est Billa, An Act to prevent Inconveniences which may happen by the untimely adjourning, proroguing, or dissolving, of this present Parliament; and, being put to the Question, it was consented to pass as a Law, by the major Part.

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

Message to the H. C. that both Houses are to attend the King P. M.

To let them know, That both Houses are appointed by His Majesty to wait upon Him at Whitehall, in The Banquetting House, at Four a Clock this Afternoon, concerning the Bill of Attainder of the Earl of Strafforde; and further to let them know, That their Lordships have read the Bill concerning the Parliament the Third Time, and past it; and that this House will sit between Four and Five a Clock this Afternoon.

The Speaker of this House appointed to desire the King for His Royal Assent to the Attainder of the E. of Strafford.

* * * * * * * *

After this, a Message was sent from the House of Commons, by Sir Henry Vane, Junior:

Message from the H. C. for a Conference, about pressing Mariners.

To desire a Conference, by a Committee of both Houses, touching the great Affairs of the Kingdom; and also to desire that a select Committee may be appointed by their Lordships, to join with a select Committee of their House, to advise about the drawing up of an Order concerning the pressing of Mariners for His Majesty's Service; and, when the Commons know the Number of their Lordships Committee, the Committee of the Commons will meet them, with a proportionable Number, at such Time and Place as their Lordships shall please to appoint.

Hereupon presently the House nominated these Lords Committees following, to meet with the Committee of the Commons, concerning the aforesaid Business: videlicet,

The L. Chamberlain.
E. of Bath.
E. of Essex.
E. of Warwicke.
L. Viscount Say & Seale.
L. Bp. of Durham.
L. Bp. of Winton.
L. Bp. of Lincolne.
Ds. Wharton.
Ds. Wentworth.
Ds. Brooke.
Ds. Howard de Charlton.
Ds. Grey de Warke.

To meet this Afternoon, in the Painted Chamber.

The Answer to the Commons was:

Answer to H. C.

That their Lordships have named a Committee of Thirteen Lords, who will give them a Meeting this Afternoon, at Five a Clock, in the Painted Chamber.

Lords Reporters appointed.

The Earl of Bath and the Lord Wharton were appointed to report the Conference.

The House was adjourned during Pleasure. The Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bath reported the Conference briefly, to this Effect:

Conference reported.

"That it was delivered at the Conference, That the House of Commons have written Two Letters, subscribed by their Speaker, one to Sir Jacob Asteley, the other to Sir Jo. Conyers, chief Commanders in His Majesty's Army in the North, to set the Army right in their Affections towards the Proceedings of this Parliament; and desired likewise that Two Letters of the same Tenor may be sent from this House, subscribed with the Speaker's Hand, directed to the same Commanders.

"Also they desired that a Proclamation may be issued out, to pardon all those in the Army that have been seduced by ill Counsels or Persuasions to have an ill Opinion of the Proceedings of this Parliament, provided they come in within Twenty Days; else they shall have no Benefit of the said Pardon; and that, if they will discover those that have seduced them, they shall be spared themselves. And further desired, that His Majesty might be moved to give His Royal Assent to the Bill for continuing of this Parliament, * * * * * * *."

Letter from the H. C. to Sir Jacob Astley read.

After this, the Copy of the Letter which the Commons sent to Sir Jacob Asteley was read; and Ordered to be taken into Consideration this Afternoon.

Committee to move the King for the Royal Assent to Two Bills.

These Lords following were appointed to move His Majesty, from both Houses, to give His Royal Assent to the Bill for Continuance of this Parliament, with * * * * * * *.

L. Chamberlain.
E. of Bath.
E. of Hartford.
E. of March.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declar-vit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora 5a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

A Message from the House of Commons, by Sir Hugh Chomeley;

Message from the H. C. to move the King to make the Earl of Essex Lieutenant of Yorkshire.

That they, having considered the dangerous Estate which this Kingdom is in at this Time, especially the Northern Parts, do desire that the Trained Bands of the County of Yorkeshire (being very considerable) may be put into a safe Hand. To that Purpose they desire their Lordships would please to join with them, to move His Majesty effectually, that the Earl of Essex (who is a Person of Honour and Integrity) may, by His Majesty's Commission, be made Lord Lieutenant of Yorkeshire.

The Answer to the Commons was:

The Lords join with them, therein.

That their Lordships will join with them in Desire to His Majesty concerning this Particular.

Committee to move the King in it.

These Lords were appointed to move His Majesty in it, from both Houses: videlicet,

The L. Chamberlain.
E. of Hartford.
E. of Warwick.
E. of Cambridge.
E. of Holland.
L. Viscount Say & Seale.

The King will come on Monday, to give the Royal Assent to Two Bills.

The Speaker reported to the House, That both Houses have waited on His Majesty at Whitehall; and He will be here on Monday Morning, at Ten a Clock, to give His Royal Assent to the Two Bills: videlicet (fn. *) ,

Ordered, That the House be called on Monday Morning next, at Nine a Clock.

Letters from this House to the Commanders in the North.

The Letter which was to be sent from this House to Sir Jacob Asteley and Sir Jo. Conyers was read, and approved of; and the Speaker was appointed to sign them; the Tenour whereof was; videlicet,

"SIR,

"Whereas there hath been brought up unto this House, by the House of Commons, just Causes of Jealousy that there have been some secret Attempts and Practices to infuse into the Army a Mislike of this Parliament, to some dangerous Intents and Purposes against the State; and that now the Matter is grown unto a strong Presumption, upon further Discoveries; and, by reason that some of those which were suspected to have been active therein are fled upon the first stirring thereof, before ever they were once named; it hath pleased this House to declare, That, notwithstanding they intend to search into the Bottom of this Conspiracy, yet purposing to proceed against the principal Actors therein, this House hath Resolved (whereunto the House of Commons hath likewise consented), That for such of the Army as the Conspirators have endeavoured to work upon, if they shall testify their Fidelity to the State by a timely Discovery of that which they know and can certify therein, they shall not only be free from all Punishment, but also shall be esteemed to have done that which is for the Service of the State, in Discovery of so dangerous a Plot against it. And for such of the Army as are and shall be found no ways tainted with this dangerous Design, or knowing any Thing thereof, shall make such Discovery as aforesaid; as this House shall no ways doubt of their Loyalty and Fidelity, so this House will have an especial Care to join with the House of Commons, as Occasion shall require, not only to satisfy all such Arrears as the House of Commons hath formerly promised to discharge, but also give a fair Testimony of the Sense this House hath of their present and past Wants. And it is Ordered by this House, That, immediately after the Receipt hereof, you should communicate this their Declaration unto all the Officers and Members of the Army under your Command."

This Letter to be published to the Army.

Then the Lord General was desired by the House to write to the Commanders of the Army, to take Care the aforesaid Letter be effectually published in the Army; and to give his Lordship an Account thereof.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 10m diem instantis Maii, hora 9a, Dominis sic decernentibus.

Footnotes

* Origin. in what.
Deest in Originali.
These Sentences are not obliterated in the Original.
* Sic.