DIE Sabbati, videlicet, 27 die Novembris.
Mr. Shelden of Beely's Attendance dispensed with.
The House being this Day informed, by a Return
made from the Messenger of this House, who was lately
sent for Edward Sheldon, of Beeley, Esquire, and likewise by an Affidavit made of the Weakness and Inability of the said Mr. Sheldon to come and appear before
this House, according to an Order in that Behalf directed; and likewise upon Signification of his great Desire to attend this House, if his Indisposition of Health
would permit without Danger and Peril of his Life;
it is thought fit, and so Ordered by this House, That
the said Mr. Sheldon the Elder shall be dispensed with
by this House, for his coming up and appearing before
their Lordships, until the Pleasure of this House be
further known, any Order of this House to the contrary
notwithstanding: And lastly it is Ordered, That no
Study, Closet, or other Doors, Chests, Trunks, or
Boxes, in the House of the said Mr. Shelden, shall be
locked or sealed up from him, or any others in his
House, save only his own Study Door, which is to continue as it now is, until their Lordships give further
William and Edward Shelden to attend.
Ordered, That William Shelden, Esquire, and Mr.
Edward Shelden, do attend this House on Monday the
29th of November 1641, by One of the Clock in the
Conference to be had about them.
Hereupon it is thought fit (because the Information
of this Business came from the House of Commons) to
have a Conference with the House of Commons, to let
them know that this House hath dispensed with Mr.
Sheldon of Beely from coming, in regard he cannot
come without Danger of his Life; but that his Two
Sons are appointed to attend this House on Monday
Wingfield versus Hutton, etc.
Complaint being made to this House, "That one
Wingfeild, Ensign-bearer to the Court of Guard, was
struck and abused by William Huntley, George Hutton,
and Richard Hughes; being commanded to do their
Duties as Soldiers, they obstinately refusing to be
commanded by the Corporal."
Hereupon it is Ordered (the Complaint being
made good upon Oath), That the said William Huntley,
George Hutton, and Richard Hughes, shall appear before
this House upon Monday next, to answer the said Complaint.
Mr. Walter and his Wife.
Ordered, That the leaving of a former Order of
this House, made between William Walter and Eliz.
his Wife, dated the 10th of July 1641, at the House
of the said William Walter, shall be, and shall (fn. *) be taken
to be, a sufficient Serving of the said Order upon the
said Mr. Walter; and that he is hereby enjoined to
obey the same, and to perform those Things on his
Part therein mentioned, within the Space of Three
Weeks next after the serving of this Order, as he will
answer the contrary to this House.
Wotton's Case in the King's Bench, who was committed by the Star-chamber.
Whereas this Day this House was informed, on the
Behalf of the Judges of the Court of King's Bench,
"That one Wotton was heretofore committed by the
Sentence and Decree of the Court of Star-chamber
to the Prison of The Fleet, who yet lieth there, as
well for his Offence, as for the King's Fine imposed
upon him for the same; and that this Commitment
was before the Beginning of this Parliament; and
that this Day, as once before, the said Wotton, by his
Counsel, desired a Habeas Corpus cum Causa, which
was granted by that Court, returnable on Monday
next; but, because the End of the said Wotton herein
is to be delivered out of Prison, and the Judges of
that Court conceived it to be a Case of great Importance, the said Judges humbly prayed the Directions
of this House, for their better Proceedings, in respect of the late Act of Parliament made in this Session, concerning the Court of Star-chamber:" It is
thereupon Ordered, That this House will take into
their Consideration, and debate on Thursday next, how
far the Decrees of the said late Court of Star-chamber,
made before the making of the said late Act, shall be
questioned; and that the Judges of that Court may, in
the mean Time, forbear to deliver their Opinions, or
to make any Rule in this Cause.
Report concerning the Irish Artillery;
The Lord Kymbolton reported from the Committees
of both Houses for the Irish Affairs, "That a List of
the Train of Artillery, as Officers and Workmen,
was presented to the Committee; and they have taken
the Wages and Pay of the said Officers into Consideration, and have thought it fit to refer the husbanding
of the Wages to the Lord Lieutenant of Ireland, to
be Ordered by him upon the Place, for the best Advantage of this State.
and Ships to guard their Coasts.
"That the Committee have considered of an Estimate,
which was brought to them, of the Emptions of Four
Ships, that are appointed to guard the Coasts of Ireland; and they have allowed to the Officers of the
Ordnance, upon the Estimate, Five Hundred Forty
Three Pounds, Ten Shillings, and Eleven Pence."
The Opinion of the Assistants to the Committees for Ireland, touching the Cavalry.
Next was read a Paper, containing the Reasons of the
Assistants to the Committees for the Irish Affairs, "That
it is necessary to have a Colonel and Serjeant Major
of Horse, and not to leave the Cavalry in several
Troops, without forming them in Regiments.
"1. By reason of the continual Debate that would
otherwise arise amongst the Officers, and their Want
of Obedience of one to another.
"2. For the more speedy Way, as well in issuing as
receiving the Orders, for the better executing of any
"3. For the exacter Government and Ordering of
the Troops, as well upon Service as at other Times.
"4. For the better Encouragement of worthy Men
to undertake the Service, in Hope of Advancement;
and that, at this very Instant, Men of Merit, that
have had better Command, would be unwilling to
serve in an inferior Condition than they had already.
"5. Though it be said that in Ireland Regiments
will seldom come to fight in a Body, yet it may fall
out otherwise; and then the Inconvenience might
prove of greater Consequence than the Charge.
"6. In Holland, whilst the Troops were all single,
yet, for the Time they were to render Service in the
Field, they formed Regiments of them, which had
their Colonels and Majors appointed for that Time;
which though they had no certain Pay by those Places,
yet they had other Advantages, by Governments,
Commanderies, Companies of Foot, Quarters, and
such like Things, to better their Condition; and at
last the Prince of Orange found it more convenient
to settle the said Command to Colonels and Majors,
although it were to the greater Charge of the State.
"7. Finally, the general Practice of all Nations, as
the Germans, Swedes, French, etc. which have tried
all Manner of Ways, have (for the greater Conveniency, certainly) formed their Cavalry into Regiments; and most of them allow also a Lieutenant Colonel to every Regiment.
"This is the Opinion of the Council of Assistants
for the Irish War."
All the aforesaid Particulars in this Report this House
Proceedings of the Parliament relative to the Irish Affairs to be communicated to the King.
Ordered, That there be an Account given to the
King, how far the Parliament hath proceeded in the
Affairs of Ireland, since the Time that His Majesty recommended the Care of the State of Ireland to the Parliament.
E. Rivers's Privilege. Stevens released.
This Day Robert Stevens, menial Servant of the Earl
Rivers, being arrested, contrary to the Privilege of
Parliament, by George (fn. *) Benion, was brought before
the Lords in Parliament; and an Information being read, touching scandalous Words, which the said
Benion should speak of the Peers of this House,
which being verified upon Oath, by the said Stevens,
to be true; it is Ordered, That the said Stevens shall
Benion sent for.
be discharged from his present Imprisonment, by Privilege of Parliament, notwithstanding any Execution upon
him; and that George Benion be sent for, to appear before this House forthwith, to answer the said Information against him.
After this, the Earl of Warwicke and the Lord Digby
reported to the House the King's Answer touching the
Petition of both Houses, for continuing the Guards:
The King's Answer, touching the Guards about the Parliament.
"I did command the Guards to be dismissed, because
I knew no Cause the Parliament had of Fears; but I
perceived the Molestation that the keeping of them
would bring upon those Subjects of Mine which were
to perform that Service; besides the general Apprehensions and Jealousies which thereby might disquiet
all My People: And I do expect, that, when the
Parliament shall desire of Me any Thing like this
extraordinary, and that which appears of ill Consequence, that they give Me such particular Reasons as
may satisfy My Judgement, if they expect I should
grant their Desire; yet I am so tender of the Parliament's Safety, to secure them not only from real but
even imaginary Dangers, that I will command My
Lord of Dorsett to appoint some of the Trained
Bands, only for a few Days, to wait on both Houses;
in which Time, if I shall be satisfied that there is just
Reason, I will continue them, and likewise take such a
Course for the Safety of My own Person, as shall be
fit; of which I doubt not but that they have as tender
a Care as of their own."
It was agreed, That this Answer be communicated to
the House of Commons: To that Purpose, a Message
was sent to the House of Commons, by Sir Robert Rich
and Sir Edward Leech:
Message to the H. C. for a Conference, about this, and Mr. Shelden's Business.
To desire a Conference, by a Committee of both
Houses, touching the King's Answer concerning the
Guards; and further to let them know, that, in regard
of the great Age of Mr. Edward Shelden, he is not
able to come up (fn. *) without Danger of his Life, their
Lordships having dispensed with the same, but have appointed Two of his Eldest Sons to attend this House
upon Monday next.
The House of Commons return this Answer:
That they will give a present Meeting, as desired.
Order for putting off Private Petitions;
Whereas, upon the Lords finding, that there are
many Petitions depending in the House, and conceiving
that many more may come in, which may occasion the
Repair and Attendance of divers of His Majesty's Subjects at this Place, their Lordships have thought fit,
and accordingly have Ordered it, That, because
there are many Public Businesses of great Importance in
Agitation, which concern the Safety and Weal of the
Kingdom, that all Private Businesses be deferred and
put off till the First Day of Hilary Term next; whereof
their Lordships do hereby give public Notice to the
whole Kingdom, to prevent the Charge and Trouble
which otherwise the Petitioners might be put unto, in
repairing hither: And further Ordered, That this
be printed and published.
and dismissing those which are unfit for this House.
Ordered, That the Lords Committees for Petitions,
or any Five of them, do meet on Wednesday Morning
next, at Nine a Clock, and at such other Times as they
please to appoint, and read over those Petitions as are
already delivered into this House; and such as are proper to be relieved in Courts of Justice to be dismissed,
and referred thither, but first to be reported to this
House; and that the Committees have Power to appoint
new Days for hearing of these Causes, after the First
Day of Hillary Term, which have been put off by the
general Order: And lastly, it is Ordered, That what
Petitions shall come hereafter are to be delivered to the
Committee, who are to present the same to the House,
and not to the Clerk.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed. (fn. *)