House of Lords Journal Volume 4
5 July 1641

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1767-1830

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'House of Lords Journal Volume 4: 5 July 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 299-301. URL: http://www.british-history.ac.uk/report.aspx?compid=35640 Date accessed: 16 April 2014. Add to my bookshelf


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DIE Lunæ, videlicet, 5 die Julii.

PRAYERS.

The King will be present this Morning.

The Lord Chief Justice signified to this House, "That the King commanded him to acquaint their Lordships, that He intends to come hither this Morning, and desires that the House of Commons may have Notice of it."

Then a Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:

Message to the H. C. to acquaint them with it.

To let them know, that the King will come to this House this Morning.

King present.

His Majesty was present, sitting in His Chair of State; and the Lords sitting in their Robes uncovered, the Commons were sent for, by the Gentleman Usher of the Black Rod. The Commons being come, with their Speaker, His Majesty made a short Speech; and afterwards these Bills passed the Royal Assent: videlicet,

Bills passed.

"An Act for regulating of the Privy Council, and for taking away the Court commonly called the Starchamber;" also another Bill, intituled, "An Act for Repeal of a Branch of a Statute, made 1° Eliz. concerning Commissioners for Causes Ecclesiastical."

The Clerk of the Crown read the Titles severally, and then the Clerk of the Parliament pronounced the Royal Assent to them both severally, in hæc verba:

"Le Roy le veult."

This being done, His Majesty departed, and the Commons went to their House, and the Lords went to the Business of the Day.

Bill against Recusants.

Ordered, That To-morrow Morning the Bill concerning disarming of Recusants shall be taken into Consideration.

Order concerning seditious Preachers in St Margaret's Church.

Upon Complaint made this Day unto the House, That several Ministers have of late preached dangerous and seditious Doctrine, in St. Margeret's Church, in Westm. by the Oversight or Neglect of the Lord Bishop of Lincolne, Dean of Westm. and Ordinary of the said Parish;" it is thought fit, and so Ordered by this House, That the said Lord Bishop of Lincolne is, by virtue of this Order, to take more Care and Diligence hereof; and to receive Information every Thursday, who are to preach in the said Parish Church of St. Margerett's on the next Sunday following; and they are to be allowed of by his Lordship before they preach unto the said Congregation.

Order about Sir Richard Osbaston's Estate.

Upon Information this Day to this House by Mr. Attorney General, "That he had perused the Conveyances concerning the Personal and Real Estate of Sir Richard Osbaston, which Sir George Radcliffe (being but a Trustee with others for Preservation of the said Estate) is to assign over to other Trustees under the same Conditions and Trust; and that there is nothing in the said Conveyances which is prejudicial to His Majesty, or can make to His Majesty's Detriment, in Case the said Sir George Radcliffe be attainted of Treason;" it is thereupon Ordered, That such Conveyances as Mr. Attorney General hath perused shall be sealed and executed by the said Sir George Radcliffe.

Sutton Marsh.

Ordered, That the Cause concerning Sutton Marsh shall be further heard on Wednesday next.

Shepheard discharged of his Imprisonment.

Whereas Wm. Shepheard is now a Prisoner in The Fleet, by the Sentence of this House, for pressing in with others into the Church of St. Saviour's, in Southwarke, and violently breaking and pulling down of the Rails about the Communion Table; which Sentence the said Wm. Shepeheard acknowledging to be just and honourable; it is Ordered, That the said Wm. Shepeheard shall be released from his said Imprisonment for this Offence, and set at Liberty.

Letters from the Lord General read.

Next was read divers Letters, sent from the Lord General of His Majesty's Army to the Earl of Essex, setting forth the Disorders of the Soldiers, and concerning the disbanding of the Five Regiments of the King's Army.

Afterwards, a Message was sent to the House of Commons, by Serjeant Fynch and Dr. Littleton:

Message to the H. C. for a Conference concerning the Army and the Northern Business.

To desire a Conference presently, if it may stand with their Lordships Conveniency, by a Committee of both Houses, touching the King's Army, and the Northern Business.

The Earl of Essex, the Lord Wharton, and the Lord Kymbolton, were appointed to speak at the Conference.

Answer:

Answer.

That the House of Commons will give a present Meeting, 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 Earl of Essex reported, "That he had delivered at the Conference what he was commanded by this House."

Cook, &c. concerning Sir Giles Dutton, about Coat and Conduct Money in Gloucestershire.

Upon Report made this Day to the House by the Lords Committees for Petitions; it is Ordered, That the Treasurers as well of the County of Glocester as of the City of Glocester, and the County of the City, shall give an Account unto Sir Bayneham Throgmorton, Baronet, Sir Robert Cooke, Sir William Masters, Sir Robert Tracy, Thomas Chester, George Bridgeman, Wm. Guise, Silvanus Woode, Esquires, Commissioners formerly appointed by this House, or any Three or more of them, between this and Michaclmas next, what Monies they have received for Coat and Conduct Monies, at which Time the Collectors, Constables, and Receivers, are to attend; and then the Treasurers are to set down all their Receipts; and the said Constables, Collectors, and Receivers, are likewise to let down their several Receipts; and then the said Commissioners are to take Consideration likewise of the Disbursements by every of the said Persons, and to certify the Lord Lieutenant of that County of all the Particulars touching the said Account, and what remains, and in whose Hands the same is, to the End the said Lords Committees may, from the Lord Lieutenant, receive a full Account herein, in convenient Time; and that, out of the said Monies, Thirty Pounds shall be paid unto Robert Cooke, of Parnswicke, in the said County, and Twenty Pounds unto Will. Hanman, Mariner, forthwith, by the Treasurers, by the Appointment of the Commissioners; and that, out of the Residue of the said Monies, such poor Men as the Commissioners shall judge have suffered most in the Carriage of this Business shall be relieved, the Poorest being first regarded.

Abbott's Creditors and others sent for, for Contempt.

Ordered, That both the Commissioners of Bankrupts for the Creditors of Edward Abbott, and likewise Tho. Proctor, Master of the Ship called The Will. and Thomas, and also John Stevens, Master of the Ship called The London of London, shall be sent for, by the Gentleman Usher, to appear in this House, and answer their Disobedience to an Order of this House, served upon them, concerning Abbott's Goods.

Then was read a Paper, delivered to the House by His Majesty this Day, being a Conceipt of a Manifesto from His Majesty, touching the Palatinate Cause, which His Majesty offered to the Consideration of both Houses of Parliament, that He might receive their Advice herein. The Contents whereof follow: videlicet,

Manifesto about the Palatinate, referred to both Houses by His Majesty, read.

"To the End that the Endeavours of Our late dear Father King James, of Blessed Memory, and Our own Proceedings since His Death, in the Cause of Our dear and only Sister, Brother-in-Law, and Nephews, Electors and Princes Palatine of The Rhyne, may not be forgotten, or pretendedly unknown; wherein We have studied and laboured nothing more than the Peace of Christendom, and the avoiding the Effusion of innocent Blood, by seeking the Restitution and Re-establishment of the Electoral House Palatine, in their ancient Rights, Dignities, and Possessions, within the Empire, out of which they have been, by Violence and Force of Arms, and other undue Proceedings, expelled and banished, contrary to the ancient Laws and Constitutions of the Sacred Empire; We have thought fit, for the Vindication of Our own Honour, to call to Mind, and to publish to all the Christian World, both a summary Relation of Our Actions and Endeavours past, and Our present Resolutions, in the same Cause.

"It cannot be unknown to all the Princes and Estates of Europe, and more Particularly to those who have had any Interest or Relation to the public Affairs of Germany, how both Ourself and Our Father have, during these Twenty Years past, by many and several Embassies, Treaties, and other Negociations, to Our great Expence and Charges, both with the late Emperor Ferdinand, the King of Spaine, and other Princes and Estates of the Empire, endeavoured, by all friendly and treatable Means, to procure the Restitution and Re-establishment of Our said dear Sister, Brother-in-Law, and Nephews, in their ancient Rights and Possessions, as the only and possible Way to settle a good and firm Peace in the Empire, and consequently with all Princes interested therein, without which it is impossible to expect or hope for a good, durable, and honest Pacification of those Troubles, which have already almost rent and consumed, and involved all the Princes of Christendom in a most bloody and destructive War.

"And for a clear Demonstration of Our sincere Intentions, not only Our own pious Inclination and Care of the public Peace hath induced Us to omit divers Occasions, whereby We might, by such Power as God hath put into Our Hands, have prevented the Violences and Oppressions used to Our said Sister and Nephews, but We have been led on and invited thereunto by divers Promises, Assurances, and Reversal Letters, both from the late Emperor and King of Spaine and others, Usurpers of the Inheritances of the Electoral House Palatine, that They would at least, in Contemplation of Our Mediations, hearken and incline to a just and honest Peace, by the Restitution of the Estates and Dignities of Our dear Sister and Nephews, whereby We have been drawn not only to pass by Our own and the public Interest, and to forbear to engage Our Arms in so just a Cause, but also have procured, by Our Father's and Our Authority, the withdrawing and disbanding of the Forces of Count Mansfelt out of the Palatinate, and advanced divers Truces and Cessations of Hostility or Defence, only to prepare the Way of amicable Composition, according to the Hopes and Promises to that End given Us; and particularly have caused the Surrender and Disposition of some Places of Strength into the Hands of the late Infanta of Spaine, upon reciprocal Assurances of a final Pacification or Restitution.

"But what Effects all these Our Peaceable and Christian Endeavours have produced, and how all Our pious Negociations have been either delayed or deluded thereby, and, by Process of Time, to root and establish the Usurpations of the House Palatine, and Our Patience and Piety thereby abused, is so manifest, by the continued Oppression of Our said dear Sister and Nephews, that We are forced to protest that there hath nothing succeeded either to Our Desires or Hopes, but a Resolution of Despair of ever obtaining, by the Ways of Justice, Treaty, or Amity, that which hath been so often promised to, and expected of, the Lovers of Christian Peace.

"Notwithstanding, We having lately received Advice from Our dear Uncle the King of Denmarke, that at last, by His Mediation and Procurement, the present Emperor and Duke of Bavaria have condescended to a Treaty to be held at the Diet at Ratisbone, upon the Sixth of May next ensuing, for the reviewing and resettling of the Controversies of the House Palatine, as a Preparation and Inducement to a General Peace and Amnesty through the whole Empire; and that He, with some of the Electors of the Empire, is accepted as Mediator of the said Cause, and hath received strong and pregnant Assurances of a better Inclination and Disposition towards the Reestablishment of the Electoral Family in their Rights and Dignities; and, to that End, hath procured convenient Safe-conducts, from the Emperor, to Our Nephew and His Brethren, freely to come in Person, or to send their Deputies to that Diet, at the Time and Place appointed, with all other Clauses requisite for their Safeties, going, abiding, or coming from thence, and there to plead the Justice of their own Cause; and that, in Prosecution thereof, He hath instructed and dispatched His Ambassadors to assist, either in Person, or by the Deputies of Our Nephews, at the said Treaty of Pacification, and hath desired Us herein to comply with Him, by sending Our Ambassadors, qualified and instructed to the same Purpose, of procuring a good and settled Peace within the Empire, according to the Intimation of the Princes Electors, signified to Him by their Letters, thereby desiring Us to assist in the present Assembly at Ratisbone.

"To which End, Our Nephew the Prince Elector Palatine having resolved, by Our Counsel and Advice, to send His Deputies, according to the Invitation and Hopes intimated of a good Issue to be expected by the amiable Way of Treaty and Composure; We also have thought fit, not to be wanting to so good a Design, so concurrent to Our own and the Desires of so many Princes, and in some Hope of better Fruits than hitherto all Our Endeavours have produced, have resolved to make this Our last Trial by the Way of Treaties, and to send Our Ambassador to the Emperor and other Princes in the said Diet assembled; and, to that Purpose, have given him full Power and Instructions to contribute all Our Authority to the Procurement and Settlement of a good and blessed Peace, by the Re-establishment and Restitution of the Possessions and Dignities of Our said dear Sister, Nephews, and Electoral Family, without which no Peace can either be honest or secure; hereby exhorting and desiring all other Kings, Princes, and States, Our Friends, Allies, and Confederates, who shall either be present at the said Diet, or shall have their Ambassadors or Deputies there, that They will be assisting to the Justice of so good a Cause, and to so great a Blessing, as the restoring of Peace to the almost desolate Estate of Germany.

"But, because we have just Cause to doubt, by many Experiences of Our former Endeavours, that the Issue and Fruits of this Meeting may not be answerable to Our just Expectation, but rather that it may produce contrary Effects, to the Prejudice of the Justice and Rights of Our said Nephews and their Families (which God forbid), We are hereby forced to protest against all Acts, Sentences, Conclusions, or Determinations whatsoever, which shall or may be had, made, or declared, either in Confirmation of the Oppressions or Usurpations past, or any Additions thereunto for the future, as invalid, and of no Power or Effect.

"In which Case (being contrary to Our Desires and Expectation), We also further protest and declare, That We will not abandon neither Our own, nor the Public Interest, nor the Cause, Rights, and just Pretences, of Our dear Sister and Nephews, and other Princes and States, involved within the Oppressions; but that We will use and employ all such Force and Power wherewith God hath enabled Us, both by Our own Arms and the Help and Assistance of all Our Allies and Friends, to vindicate Our own Honour, the public Peace, and Redress of the Injuries, Usurpations, and Oppressions, of Our said dearest Sister and Nephews, and their Illustrious Family.

"And hereby as We do profess to use all Our Endeavours and Power to promote a happy and desired Peace, for the Consolation of the distressed Empire; so We do appeal to Almighty God, the Inspector of the Hearts of all Princes, and to the World, Spectator of our just Actions, That We will be innocent before God and the World of all the Evils that may ensue, if these Our last Hopes shall be delayed or abused."

Copy of it sent to the H. C.

Which being done, a Copy was sent to the House of Commons.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 6m instantis Julii, 1641, Dominis sic decernentibus.