House of Lords Journal Volume 4
17 November 1641

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 4: 17 November 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 443-445. URL: http://www.british-history.ac.uk/report.aspx?compid=35717 Date accessed: 22 November 2014.


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DIE Mercurii, 17 Novembris.

PRAYERS.

House called.

This Day this House was called, and these Peers following were absent: videlicet,

Dominus Bruse.
Dominus Cottington, Proxy.
Dominus Seymour.
Dominus Herbert de Cherbery, Leave to be absent.
Dominus Powis.
Dominus Dunsemore.
Dominus Savill.
Dominus Mohun.
Dominus Coventry.
Dominus Pierpointe.
Dominus Pawlett.
Dominus Lovelace.
Dominus Roberts, excused.
Dominus Grey de Warke.
Dominus Howard de Charlton.
Dominus Brooke.
Dominus Newnham.
Dominus Stanhope.
Dominus St. Johns.
Dominus Hunsden.
Dominus Chandois.
Dominus North, excused.
Dominus Willoughby of Parham.
Dominus Rich.
Dominus Cromewell.
Dominus Dacres, excused, having Leave to be absent.
Dominus Mowbraye.
Episcopus Lincolne.
Viscount Conwaye.
Comes Thanett.
Comes Newport.
Comes Carnarvan, Leave to be absent.
Comes Stamford, Leave to be absent.
Comes Peterborough.
Comes Dover.
Comes Rivers.
Comes Monmouth.
Comes Berks.
Comes Bollingbrooke.
Comes Clare.
Comes Warwick, excused.
Comes North'ton.
Comes Sarum.
Comes Dorsett.
Comes South'ton.
Comes Bathon.
Comes Cumberland.
Lord Admiral, excused.
Lord Marshal, excused.
Lord Great Chamberlain.

Committee for Irish Affairs.

Ordered, That any Three of the Lords Committees for the Irish Affairs shall have Power to meet.

Thomas and Alsop, for printing scandalous Pamphlets, sent for.

Ordered, That the Gentleman Usher attending this House shall bring forthwith before their Lordships the Bodies of John Thomas and Bernard Alsop, to answer the Complaints against them, for printing and publishing of scandalous Pamphlets, against the Earl of Worcester, a Peer of this Realm: And it is further Ordered, That the Warden and Society of Stationers shall make diligent Search who are the Authors of the said Pamphlets, and present their Names to this House.

Report from the Committee for Irish Affairs.

Report was made this Day unto this House, by the Lords Committees for the Irish Affairs, "That the Committees of both Houses for that Business, have considered of these Particulars following: videlicet,

Lord Lieutenant of Ireland to reward secret Services.

"That Power be given to the Lord Lieutenant of Ireland for rewarding secret Services, as is fit.

Posts between England and Ireland.

"That the Committees think it fit, that convenient Posts shall be speedily set up, between Beaumorris and Holy Head; and that the State of Scotland shall be moved, to have the like Care for Posts between Carlile and Port Patricke.

MacGuire and MacMahowne to be sent to England.

"That Directions be sent, by both Houses of Parliament, to the Lords Justices of Ireland, concerning the Prisoners Mac Guire and Mac Mahowne, to be conveyed into England, for their better Security.

Protestation to be taken by the Irish Commanders.

"That the Protestation taken by both Houses, should be taken by all Officers and Commanders, before they be employed in the Business of Ireland."

Irish Posts.

These Particulars, being read, were assented unto, and Ordered by this House accordingly; and thought fit, That the Post between Holy-heade and Beaumaurish be set up by Phillip Burlamachi, in whose Hands the Profits of the Post-master are sequestered.

English Priests in Foreign Ambassadors Houses, to be dismissed.

Ordered, &c. That the Right Honourable the Earl of Bristoll, the Earl of Holland, and the Lord Brooke, shall forthwith repair unto the several Ambassadors in and about the Cities of London and Westm. and desire them, from the Parliament, to dismiss out of their Houses such Priests as are the King's Native Subjects; and, in case they shall be hereafter found abroad, they shall not have any Protection, but be proceeded against according to the Laws of this Kingdom; and to let them know, That, if the Persons of Father Joanes and Father Andrewes (who are accused for Treason) be received into their Houses, the Parliament desires they should be presently delivered up.

Authority of the Lord Lieutenant of Ireland to levy Men.

Upon some Question made this Day by the Lord Lieutenant of Ireland, whether the Ordinance of Parliament, for the granting him Power to give Commissions to levy Men for the Service of Ireland, be of sufficient Validity, without a Confirmation from His Majesty: Thereupon this House did undertake to be Solicitors to His Majesty, to confirm the Authority given to his Lordship, by the King and the Parliament, under the Great Seal of England; and do promise that they will be always ready to avow his Proceeding upon their Lordships aforesaid Orders in the mean Time.

Warrant for Carriage of Arms towards Ireland.

"Whereas Arms and Munition are speedily to be conveyed with Safety, for His Majesty's special Service, from The Tower of London, to the City of West Chester; it is Ordered, &c. That you shall, with all Care and Diligence, provide Carts, Teams, and Horses, for the convenient and safe carrying of the said Arms and Munition from the said Tower of London to West Chester aforesaid (the usual Rates being paid for the same), wherein you may not fail to use all possible Diligence, for the aiding and assisting of such Ministers as shall be employed by the Right Honourable the Earl of Newport, Master of His Majesty's Ordnance, in this Service, as you tender the high Displeasure of this House, and will answer the contrary at your utmost Perils; for which this shall be your sufficient Warrant.

"To all Mayors, Sheriffs, Justices of Peace, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in this Service unto the Ministers employed by the said Master of the Ordnance."

The Lord Lieutenant of Ireland delivered in a Copy of the Commission, which he is to give to Commanders, for the levying of Men for Ireland; which being read, was approved of. The Contents whereof follow: videlicet,

Copy of Lord Lieutenant of Ireland's Commission to Commanders.

"Robert Earl of Leycester, Viscount Lisle, Baron of Penhurst, &c. One of His Majesty's most Honourable Privy Council, Lieutenant General of the Kingdom of Ireland, and General of His Majesty's Army there,

"To Colonel.

"Whereas the Lords Justices and Council of Ireland have advertised our Sovereign Lord King Charles, and His High Court of Parliament now here assembled, of a sudden Insurrection and Rebellion in Ireland, and have humbly besought His Majesty to send some speedy Succours unto His good Subjects there; and that His Majesty, being now absent in His Kingdom of Scotland, hath recommended the Care of the said Kingdom of Ireland unto His Parliament of England; and that in Pursuit of His Majesty's Pleasure so signified: Forasmuch as, in this Time of His Majesty's Absence, His Royal Commission, according to the usual Form, cannot be so soon obtained as the Necessity of the Kingdom doth require; the Lords and Commons of the said Parliament now assembled have, by their Ordinance of the Sixth of this present Month of November, authorized me, by Warrant under my Hand and Seal, to give One or more Commissions to such Captains, Commanders, or other Officers, as to me shall seem expedient, for the levying of Forces, for Defence of the said Kingdom of Ireland, of such Persons as shall voluntarily undertake the said Service: I do hereby constitute and appoint you Colonel of a Regiment of Foot, of Men, to serve in this present Expedition; which Regiment you shall, by virtue of this Commission, forthwith levy, in such Parts of His Majesty's Kingdom of England as you shall think fit, for His Majesty's Service in this urgent Occasion; and, the Regiment being levied, you shall receive it into your Charge as Colonel, and conduct it to the City of Chester, where you shall embark it, and transport it with all possible Speed unto the City of Dublin, in His Majesty's Kingdom of Ireland, and diligently exercise your Regiment, commanding all Officers and Soldiers of the said Regiment to obey you as their Colonel, for His Majesty's Service, according to the Commission given you; and you are likewise to observe and obey such Orders and Directions as you shall receive from myself and the superior Officers of the Army, according to the Discipline of War. Given, &c."

Power to Earl of Essex and Earl of Holland to command the Trained Bands in the King's Absence.

After this, the House was adjourned into a Committee during Pleasure, to debate the Paper sent up from the House of Commons, concerning the Power by both Houses to be given to the Earl of Essex and the Earl of Holland, to command the Trained Bands, on Occasion, in the King's Absence; and, after a long Debate, the House was resumed; and it was Agreed, That there should be some Alterations made in the Paper; and the Lord Privy Seal, the Earl of Bristoll, and the Lord Viscount Say & Seale, were appointed to withdraw, and make a Draught of what they conceived, upon the Debate, to be the [ (fn. *) Sense of the] House, and to present the same to the House; which accordingly they did; and the Lord Privy Seal reported the Draught which their Lordships had conceived, which was read, as followeth:

"That the Lords and Commons assembled in Parliament, having received several Informations of dangerous Designs and Practices by Priests and Jesuits, and ill-affected Persons, to disturb the Peace of this State and the Proceedings of Parliament, and to attempt upon the Persons of many of the Members of both Houses; and well knowing that there is no Way to prevent the Mischief which the Malice of such Men may suddenly bring upon this Realm, to the utter Subversion of our Religion, Laws, and Liberties, but by putting the Kingdom into a Posture of Defence, and so to be ready upon all Occasions to oppose Force to Force.

The Alteration.

"The Lords and Commons, taking into their Care the securing of the Kingdom in the Absence of the King, have thought it fit that the Earls of Essex and Holland be required, by virtue of their several Commissions (the one as His Majesty's General on this Side Trent, the other beyond Trent), to have in Readiness the Trained Bands of the several Counties, as there shall be Need, to march and gather themselves into a Body, and to oppose and set upon all those who shall attempt or do any Thing which shall be prejudicial to the Public Peace, or dangerous to the Parliament in particular; and that herein they shall always be assisted by the Authority, Advice, and Counsel of both the Houses of Parliament, as there shall be Occasion."

And, upon the Question, it was Resolved, That this Draught shall go as it is.

Laws and Order against Recusants to be executed.

Ordered, That the Justices of the Peace and Deputy Lieutenants, and all other His Majesty's Officers and Ministers, in every County, shall take Care to put the Laws into Execution against those Recusants that do not observe and obey the Order of this House, made the Sixteenth of this Instant November.

It was thought fit, That a Committee of Lords be appointed, to meet with a select Committee of the House of Commons, to see that the Laws be put into Execution against Recusants as stay in Town contrary to the Order of this House of the 16th of this instant November.

The Soldiers taken up at St. Katherine's discharged on taking the Oaths.

Upon Report of the Lord Chief Justice, "That he had examined the Soldiers at St. Katherin's; and that all but Six have taken the Oath of Supremacy and Allegiance, and that Bourk do refuse to take the said Oaths:" Hereupon it is Ordered, That such Persons as were taken up for Foreign Service, and have been examined by the Lord Chief Justice of the King's Bench being now in St. Katherin's, shall be set at Liberty, excepting such Persons as have refused to take the Oath of Supremacy, and may be transported into any Parts beyond the Seas, excepting into Ireland, so that they that shall transport them will undertake that they shall be speedily carried away and not conveyed into the said Kingdom of Ireland.

Commission to tender the Oath of Supremacy.

Ordered, etc. That the Lord Keeper of the Great Seal of England shall have Power (by virtue of this Order) to issue out a Commission, to such Justices of Peace as his Lordship shall think fit, to tender the Oath of Supremacy unto John Daniell, Alexander Rush, and James Conner, who, if they shall refuse to take the said Oath, shall be proceeded against according to Law,

Jonathan Bourke committed to The Fleet.

Ordered, That Jonathan Bourke shall stand committed to The Fleet, until this House shall further consider the Business that he stands charged with. "To the Gentleman Usher, etc."

Justices of Surrey, Midd. and Westm. to give Account of their Search for Popish Priests.

Ordered, etc. That the several Justices of Peace for the County of Midd. and Surry, and the City of Westm. shall speedily give an Account unto this House, how far they have executed the Order of this House, for the searching and apprehending of Priests, Jesuits, and other suspected Persons, that cannot give an Account of their being in those Parts where they now reside in. "To His Majesty's Justices of Peace, 1, for Surrey; 2, Midd; 3, Westm."

Account of the name in London.

Mr. Wiseman, the Remembrancer of the City of London, gave this House an Account "That there hath been a Search made in London for Priests and Jesuits, and they find none; but have apprehended Four Persons who refuse to take the Oath of Supremacy and Allegiance:" Hereupon it is Ordered, That the Recorder of the said City shall proceed against these Persons according to Law.

Message to the H. C. for a Conference about some Propositions touching the Safety of England and Ireland.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Littleton:

To desire a Free Conference, by a Committee of both Houses, touching some Propositions which were made by them concerning the Safety of this Kingdom and Ireland.

The Messengers return with this Answer:

Answer.

That the House of Commons will speedily this Night give an Answer, by Messengers of their own.

Subject of the Conference.

The Lord Keeper was appointed to deliver to the House of Commons, at this Conference, the Paper, with the Alterations, touching the Earls of Essex and Holland; and to let them know, That this House desires that a select Committee of both Houses may be appointed, to see the Laws put into Execution against Recusants as stay in Town contrary to the Order of this House of the 16th of November.

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

Message from the H. C. for a Conference desired by the Lords.

To let their Lordships know, that they are now ready to give a Free Conference, touching an Answer to the Propositions brought to their Lordships from the House of Commons, concerning the Safety of this Kingdom; and that they are ready to give some other Propositions touching that Business.

The Answer returned was:

Answer.

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

Then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Report of this Conference was to be made To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 18m diem instantis Novembris, hora 12a Aurora, Dominis sic decernentibus.

Footnotes

* Bis in Originali.