House of Lords Journal Volume 4
3 December 1641

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1767-1830

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'House of Lords Journal Volume 4: 3 December 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 460-462. URL: http://www.british-history.ac.uk/report.aspx?compid=35730 Date accessed: 30 October 2014.


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DIE Jovis, videlicet, 3 die Decembris.

PRAYERS.

Message to the H. C. for a Conference about the Irish Affairs.

A Message was sent to the House of Commons, by Serjeant Ayliff and Serjeant Whitfeilde:

To desire a Conference, by a Committee of both Houses, touching the Irish Affairs.

Scots Assistance for Ireland.

The Matter of this Conference was agreed on to be; "To let them know, that the King having declared Yesterday to both Houses of Parliament, that there were Two Scotts Lords come, by His Assent, to treat with both Houses of Parliament concerning the present Assistance for Ireland, and to settle all the Conditions and State of the War, His Majesty thought it fit that there should be certain Commissioners appointed, by Himself and the Houses of Parliament, to treat with them; and therefore He thought it necessary that some Commissioners be presently named, to treat with them, authorized by Him and the Parliament; and that such as shall be nominated may be authorized by the King's Commission, and the Order of both Houses, to treat with them, and from Time to Time to acquaint them with their Proceedings; and, before they come to any Conclusion therewith, to give Account to His Majesty and both Houses, and to receive their Approbation.

"To desire the House of Commons to take this into Consideration."

Committee to examine Witnesses about Benion.

Ordered, That these Lords shall examine Witnesses in the Case of George Benyon, and report the same to this House: videlicet,

The L. Admiral.
L. Chamberlain.
Comes Bedford.
Comes Sarum.
Comes North'ton.
Epus. Winton.
Epus. Lincolne.
Justice Crawly,
Justice Heath,
Epus. Exon.
Epus. Rochester.
Ds. Wharton.
Ds. Kymbolton.
Ds. Spencer.
Ds. Howard de Charlton.
Ds. Roberts.
Assistants.

Their Lordships, or any Three, to meet this Day Sevennight, in the Painted Chamber, at Two a Clock in the Afternoon.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C.

That they will return an Answer, by Messengers of their own, in convenient Time.

A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight:

Message to the H. C. for a Conference about Irish Affairs, &c.

To let their Lordships know, That the House of Commons will give a present Meeting, as is desired, touching the Irish Affairs; and likewise to desire a Debate at this Conference touching the Ammunition sent from The Tower and West Chester, and concerning an Information of Ships in Milford Haven and Aberdoney, in Cardiganshire.

The Answer hereunto returned is:

Answer.

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

The Earls of Bathon and Bristoll were appointed to report this Conference.

Conference reported.

Guard of Arms to Chester for Ireland.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bathon reported the Effect of this Conference: "That the House of Commons did let their Lordships know, that whereas divers Waggons and Carts were laded with Arms and Munition, from The Tower of London, to be carried to West Chester, to be shipped for Ireland; and the House of Commons do understand, that those Carts and Waggons are but slenderly guarded; therefore they desire that their Lordships would be pleased to join with them, that His Majesty may be moved, to give Order to the Sheriffs of the several Counties through which they are to pass, that they may be safely guarded to West Chester.

Ordered, That this House will join with the House of Commons herein.

Ships in Milford Haven, with Arms, manned with Frenchmen.

"2. That Information is given to the House of Commons, That a Ship hath lately been discovered in Milford Haven, laden with Arms and Ammunition; and that it is reported the Men in her be Frenchmen, but they speak English; and that another Ship, they are informed, is in the Haven of Aberdoney, in Cardiganshire, and the Men buy up the Provisions of the Country; that Two Men which were in that Ship, they understand, are now in Town."

Witnesses about it to be examined.

Hereupon it is Ordered, That the said Two Men out of the Ship shall be sent (fn. *) for, to appear before this House, and be examined concerning this Business.

A Message was sent from the House of Commons, by Charles Price, Esquire:

Message from the H. C. about appointing Commissioners to treat with the Scots about Ireland.

To let their Lordships know, that the House of Commons have nominated Four Members of their House, to be Commissioners to treat with the Scotts Commissioners, about the Affairs of Ireland: videlicet,

Nathaniell Fynes, Esquire,
Sir William Armin, Baronet,
Sir William Stapleton, Knight, and
John Hampden, Esquire.

The Answer hereunto was:

Answer.

That their Lordships will send an Answer, by Messengers of their own, in convenient Time.

Lords Commissioners appointed.

Ordered, That the Earl of Bedford, the Earl of Leycester Lord Lieutenant for Ireland, and the Lord Howard of Estcricke, are appointed Commissioners for this House, to treat with the Scotch Commissioners touching the Irish Affairs.

Then a Message was sent to the House of Commons, by Serjeant Ayliffe and Serjeant Glanvile:

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

To let them know, that this House hath appointed Three Peers, to join with a proportionable Number of the House of Commons, to treat with the Scotts Commissioners about the Affairs of Ireland.

Impeachment of the Thirteen Bishops.

Next, the Counsel of the Bishops that are impeached from the House of Commons, for making the Book of Canons, and for granting a Benevolence to the King, contrary to Law, were called in, and demanded to shew Cause why the Desire of the House of Commons lately made should not be granted; which was, "That a short Day might be prefixed, for them to make Proof of their Charge, notwithstanding the Plea and Demurrer of the Bishops."

The Counsel answered, "That this Cause will not be fit for a Hearing, until the Bishops have put in their Answers; for, until then, there can be no Issue joined; and they conceive no Answer can be made until the Charge be particular; therefore the Bishops abide by their Plea and Demurrer."

Order for Counsel to maintain the Bishops Plea and Demurrer.

The House, taking this into Consideration, Ordered, That the Counsel for the Bishops shall be heard at this Bar, what they can say in maintaining of the Plea and Demurrer to the Impeachment brought up from the House of Commons against the Bishops, on Tuesday the 7th of this Instant December; at which Time and Place, the House of Commons, or such of their Members as they shall appoint, may be present, if they please.

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

Hereupon a Message was sent to the House of Commons, by Sir Robert Rich and Dr. Bennett:

To acquaint them with the aforesaid Order made concerning the Bishops.

Order about the King's Fens in Lincolnshire.

"Whereas a former Order was made in this House, dated the 17th of April last past, for the quieting of His Majesty's Possessions, and all claiming from and under His Majesty, in certain improved Grounds, in the Fens, in the County of Lincolne, called The East, West, and North Fens, belonging unto His Majesty, as to His Honour of Bollingbrooke, which said Order hath been disobeyed, as appeareth by Affidavit produced before the Lords in Parliament; and the Commoners adjacent to the said Honour have, since the said last Order, in a high Contempt of this House, and in a riotous and tumultuous Manner, thrown down the Ditches of His Majesty's Tenants, carried away the Hay and Corn, and threatened to burn their Houses, and still keep Possession of the said improved Grounds, contrary to the said former Order, whereby His Majesty's said Tenants, and such others as claim under Him, are supposed to be damnified this last Year near the Value of Two Thousand Pounds:" It is therefore thought fit, and so Ordered by the Lords in Parliament, That the Sheriff of the County of Lincolne shall, by virtue of this Order, forthwith repair to the Place, and deliver the Possession of the said improved Grounds unto His Majesty's Fee Farmers and Tenants, who have been thus outed of their Possession by the Commoners as aforesaid; and that the said Sheriff, keeping the Peace of the County, shall enable His Majesty's said Fee Farmers and Tenants to make up the Fences, and to hold the peaceable and quiet Possession of the said improved Grounds, as they held them at the Beginning of this Parliament, and Three Years before, until this Cause be determined in Parliament, or in some other Court of Justice. And this House doth further Order, That Publication hereof be made by the Sheriff of the said County of Lincolne, in all the Market Towns adjacent, within Five Miles Distance of the said Fens; of which all Parties pretending any Right of Common, or other Interest, in any of the said improved Lands, are to take full Notice, without any further Intimation hereof; and if, after such Publication hereof as aforesaid, any Person or Persons shall presume to enter on the said Lands, or shall throw down the Inclosure, or disquiet the Possession of His Majesty, or any that claim under Him, this House doth declare that, upon Notice given, and Proof made of the Breach of this Order, it will highly punish all such as shall be found Delinquents therein, or Encouragers or Abettors thereof; and this Order to be a sufficient Warrant for the said Sheriff to employ his Endeavours in the Premises, according to Law.

Bishop of Winchester to be quieted in his Possession of Waltham Chase.

The House being this Day informed, "That the Lord Bishop of Winton hath the Chase of Waltham, in the County of South'ton, in the Right of his Bishoprick, and the Soil and Woods belonging thereunto; and that his Lordship hath been disturbed in his quiet Possession there, by some tumultuous People, who have cut and carried away the Woods out of the said Chase in an unlawful Manner:" It is therefore thought fit, and so Ordered, &c. That his Lordship's said quiet Possession shall be continued; and that there shall be no further Spoil, Cutting, or Carrying away, of any Woods, out of the said Chace, until the said Lord Bishop shall be evicted, by Course of Law, in some of His Majesty's Courts of Justice.

Ebbron and Cross, &c. sent for, for Contempt.

Ordered, That the Gentleman Usher attending this House, his Deputy or Deputies, shall forthwith attach, or cause to be attached, and brought before this House, the Bodies of William Ebbron, William Crosse, George Reynolds, and George Thacker, to answer their Contempt in disobeying of an Order of this House, dated the 17th of April last, touching the East, West, and North Fens, in Lincolneshire.

Keeper of Ludgate's Order concerning Stevens.

Upon the Petition of Thomas Clarke, Keeper of Ludgate, who had lately released Robert Stevens, a menial Servant of the Earl of Rivers, being a Prisoner with him upon Execution, upon an Order of this House only, without any Habeas Corpus; and the said Clarke desired their Lordships, "That the Sheriffs of London and himself might (fn. *) not any Way suffer hereafter, through his Obedience unto their Lordships Order:" It is Ordered, That the Judges, or any Two of them, shall consider whether the said Order be a sufficient Warrant in Law for the said Sheriff and Keeper for so doing; and, if it be not, to certify unto this House what further Course may be taken herein, for their full Discharge, according to the Honour and Justice of this House.

Colonel Fitz Williams and his Soldiers to go to France.

Ordered, That Colonel Fitz Williams shall have Liberty (by virtue of this Order) to transport into France such Men as he hath now at Dover, or shall now come, and have agreed with him to be conveyed over to the said Kingdom; and this to be done by the said Colonel, or any of his Officers, without further Lett or Impediment, either by the Mayor of Dover or any other.

Phillips bailed.

This Day Robert Phillips tendered to this House Thomas Arpe, Esquire, of Her Majesty's Robes, Raphaell Tarterall, Carver to Her Majesty, and Hugh Aston, Gentleman of Her Majesty's Robes, to be Caution for him; and this House approving of the said Security, and the Parties being willing to be bound, they entered into a Recognizance as followeth:

Thomas Arpe, Armiger, Raphaell Tarterall, Armiger, Hugo Aston, Armiger, recognoverunt seipsos debere Domino Regi (fn. †)

The Condition of the abovesaid Recognizance is, That, if Robert Phillips shall continue and abide at Denmarke House, and not go to Court, and appear before the Lords in Parliament when he shall be required, then this Recognizance to be void; else to remain in full Force and Virtue.

Lord Privy Seal appointed Speaker.

The Lord Keeper, being not well, desired Leave of the House to be absent, for his Health; which the House gave Leave unto, and appointed presently the Lord Privy Seal to sit Speaker of this House; which accordingly he did.

Symonds sent for about the Common Prayer Book.

Ordered, That Mathew Symonds be sent for, to appear before this House, to answer the Printing of a Book, intituled, Certain Grievances, or Errors, touching the Book of Common Prayers.

Message to the H. C. for a Conference about Protections.

A Message was sent to the House of Commons, by Justice Heath and Justice Malett:

To desire a present Conference, touching the Bill concerning Protections.

The Messengers return this Answer:

Answer from the H. C. about the Bishops.

That they have delivered their Message to the House of Commons, touching the Bishops.

The Messengers return this Answer:

Answer from thence about Protections.

That the House of Commons will give a Meeting presently, as is desired, in the Painted Chamber, touching the Bill of Protections.

Bills from the H. C.

A Message was brought from the House of Commons, by Sir Wm. Lewis, Knight; who was commanded to bring up Two Bills, which have passed the House of Commons:

One, intituled, "An Act for the better raising and levying of Soldiers, for the present Defence of the Kingdoms of England and Ireland."

The other intituled, "An Act for the Relief of the Captives taken by the Turkish and Moorish Pirates; and to prevent the taking of others in Time to come."

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

Then

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 4m diem instantis Decembris, hora 12a, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.
Sic.