DIE Jovis, videlicet, 16 die Decembris.
Morgan versus Rookes.
Ordered, That the Cause between Turbervile Morgan and George Rookes shall be heard in this House Tomorrow; and both Parties with their Witnesses to attend.
The King's Answer concerning the Seven Priests.
The Lord Chamberlain reported to this House, "That
the Lord Steward and himself had waited on the King,
according to their Lordships Command, and presented
the Desires of both Houses to His Majesty, that He
would be pleased that Execution, according to Law,
might be done upon all the Seven Priests condemned,
and that His Majesty would be pleased to take off the
Reprieve; and the King returns this Answer for the
present, That He will take it into His Consideration,
and return an Answer to this House."
Ld. Pierpoint's Submission.
This Day the Lord Pierpointc came to the House, and
declared his Sorrow for offending this House by those
Words that lately fell from him, desiring that their
Lordships would pardon him for it, and receive him into
their good Opinions again; and gave their Lordships
Thanks for their Justice towards him, in admitting him
so soon to come and sit in this House; which Submission this House accepted of.
Message from the H. C. to proceed in the Irish Affairs.
A Message was brought from the House of Commons,
by Sir Phillip Stapleton, Knight:
To desire that the Proceedings in the Affairs for Ireland may be taken into Consideration with Expedition; as,
Bill for pressing.
"1. That their Lordships would give a speedy Answer
touching the Bill for pressing of Soldiers.
For a Declaration from the King against tolerating Popery.
"2. To join with them in their Desires to His Majesty,
That He will make a Declaration against Toleration
of the Popish Religion.
Conference on the Treaty with the Scots about Ireland.
"3. To desire their Lordships to give them a Conference, at such Time as may stand with the Conveniency
of this House, by a Committee of both Houses, touching the Treaty with the Scotts, concerning the Business of Ireland."
The Answer returned to the House of Commons is:
That this House will take the Two First Particulars
into Consideration with all convenient Speed, and will
give a present Conference, as is desired, in the Painted
Report from the Committees of both Houses concerning the Infringement of their Privileges.
The Archbishop of Yorke reported, "That the Committees of both Houses appointed to draw a Form of a
Protestation, and also a Petition and Remonstrance,
which is to be presented to His Majesty, concerning
the Breach of the Privileges of Parliament, have met,
and conceived a Form of both; and signified, that the
Opinion of the Committees were, that they should be
both entered into the Journal Books of both Houses."
The Form of a Declaratory Protestation to be entered
in both Houses of Parliament was this Day read, in hæc
Protestation of both Houses concerning the Breach of Privileges.
"Whereas His most Excellent Majesty did, upon
Tuesday last, in full Parliament, in a Speech to both
Houses, take Notice of a Bill for the pressing of
Soldiers, being in Agitation in the said Houses, and
not agreed upon, and did offer a Salvo Jurc, or Provisional Clause, to be added to the said Bill, and did at the
same Time declare His Displeasure against some Person
or Persons, which had moved some Doubt or Question
concerning the same; the Lords and Commons do protest and declare, That such His Majesty's Speech is
contrary to the fundamental, ancient, and undoubted
Liberty and Privilege of Parliament; and that it doth
of Right belong unto them, amongst other Privileges
of the High Court of Parliament, that the King
ought not to take Notice of any Matter in Agitation
or Debate in either the House of Parliament, but by
their Information or Agreement; and that His Majesty ought not to propound any Condition, Provision,
or Limitation, to any Bill or Act, in Debate or Preparation, in either House of Parliament, or to manifest or declare His Consent or Dissent, Probation or
Dislike of the same, before it be presented to Him
by the Consent of both Houses; and that every particular Member of either House hath free Liberty of
Speech, to propound or debate any Matter, according to the Order and Course of Parliament; and that
His Majesty ought not to conceive Displeasure against
any Man for such Opinions and Propositions as shall
be delivered in such Debate, it belonging to the several Houses of Parliament respectively to judge and determine such Errors and Offences, in Words or Actions,
as shall be committed by any of their Members, in
handling and debating any Matters there depending:
And for the Preservation of the said Privileges for
the Time to come, they do ordain and appoint, That
this their Protestation and Declaration shall be entered
in both Houses; and that our humble Remonstrance
and Petition shall be framed and presented to His Majesty in the Name of both Houses, declaring this
their ancient and undoubted Right, humbly desiring
His Majesty to observe and maintain the said Privileges,
and that He will not take Notice of any particular
Man's Speeches or Carriage concerning any Matter in
Treaty and Debate in Parliament, or conceive any Offence or Displeasure for the same; but that He will
declare and make known the Name or Names of the
Person or Person by whose Misinformation and evil
Counsel he was induced to the Breach of the Privileges of Parliament aforementioned."
Resolved, upon the Question, That this Declaratory
Protestation now read is approved of, and shall be entered into this House.
Memorandum, it is declared by this House, That the
Person or Persons whom the King shall name shall
not be liable to any Punishment, without further
Next the Petition and Remonstrance to the King was
read, in hæc verba: videlicet,
"To the King's most Excellent Majesty.
"The humble Remonstrance and Petition of the
Lords and Commons in Parliament.
"Most Gracious Sovereign,
Remonstrance of the Lords and Commons to the King about their Privileges.
"Your Majesty's most humble and loyal Subjects,
the Lords and Commons in Parliament, do, with all
Faithfulness and Zeal to Your Majesty's Service, acknowledge Your Royal Favour and Protection to be
a great Blessing and Security to them, for the enjoying and preserving of all those public and private Liberties and Privileges which belong unto them; and
whensoever any of those Privileges shall be invaded
or broken, they hold themselves bound, with Humility and Confidence, to resort to Your Princely Justice,
for Redress and Satisfaction; and, because the Rights
and Privileges of Parliament are the Birth-right and
Inheritance not only of themselves but of the whole
Kingdom, wherein every of the Subjects is interested,
the Maintenance and Preservation whereof doth very
highly conduce to the public Peace and Prosperity of
Your Majesty and all Your People, they conceive
themselves more especially obliged, with all Tenderness and Care, yea, with all Earnestness and Constancy of Resolution and Endeavours, to maintain and
defend the same.
"Amongst other the Privileges of Parliament, they
do with all dutiful Reverence to Your most Excellent
Majesty declare, That it is their ancient and undoubted
Right, that Your Majesty ought not to take Notice
of any Matter in Agitation and Debate in either of
the Houses of Parliament, but by their Informations
or Agreement; and that Your Majesty ought not to
propound any Condition, Provision, or Limitation, to
any Bill or Act, in Debate or Preparation, in either
House of Parliament, or to manifest and declare Your
Consent or Dissent, Approbation or Dislike of the
same, before it be presented to Your Majesty in due
Course of Parliament; and that every particular
Member of either House hath free Liberty of Speech,
to propound or debate any Matter, according to the
Order and Course of Parliament; and that Your Majesty ought not to conceive Displeasure against any
Man for such Opinions and Propositions as shall be
delivered in such Debate, it belonging to the several
Houses of Parliament respectively to judge and determine such Errors and Offences, in Words or Actions,
as shall be committed by any their Members, in the
handling or debating any Matters there depending.
"They do further declare, that all the Privileges
above-mentioned have been lately broken, to the
great Sorrow and Grievance of Your most humble
and faithful Subjects, in that Speech which Your
Majesty made in Parliament to both Houses upon
Tuesday last, the 14th Day of this Instant Month of
December, in that Your Majesty did therein take Notice of a Bill for impressing of Soldiers, being in Agitation in the said Houses, and not agreed upon; and
that Your Majesty did therein offer a Salvo Jure, or
Provisional Clause, to be added to that Bill, before
it was presented to Your Majesty by the Consent of
both Houses, and did at the same Time declare Your
Displeasure against such Person or Persons as had
moved some Doubt or Question concerning the same
Bill; all which they do affirm and declare to be against
the ancient, lawful, and undoubted Privilege and Liberty of Parliament; and therefore they most humbly beseech Your Majesty, by Your Royal Power
and Authority, to maintain and protect them in these
and all other the Privileges of Your High Court of
Parliament, that You will not for the Time to come
break or interrupt the same, and that none of Your
loyal Subjects may suffer or sustain any Prejudice in
Your Majesty's Favour or good Opinion for any Thing
done or spoken in Parliament; and, for the Reparation of Your loyal Subjects in this their just Grievance and Complaint, for the Breaches of their Privileges above-mentioned, and Prevention of the like
for the Time to come, that Your Majesty will be
pleased to declare and make known the Name or
Names of the Person or Persons by whose Misinformation and evil Counsel Your Majesty was induced to
the same, that so he or they may receive such condign Punishment as shall appertain to Justice in that
Behalf; and this they most humbly desire, and, as
Your greatest and most faithful Council, advise Your
Majesty to perform, as that which will be not only
a Comfort to themselves, but likewise a great Advantage to Your Majesty, by procuring and confirming
such a Confidence and Unity betwixt Your Majesty
and Your People as may be a Foundation of Honour,
Safety, and Happiness to Your Person and Your
Throne, as they stand bound always to pray for and
Resolved, upon the Question, That this Petition and
Remonstrance now read shall be presented to the King.
Committee to present this Petition and Remonstrance to the King.
This being done, these Lords Committees following
were appointed to join with a proportionable Number
of the House of Commons, to attend the King, and present to Him the aforesaid Petition and Remonstrance
of the Lords and Commons assembled in Parliament:
The L. Archbp. of Yorke.
The L. Steward.
Ds. Howard de Charlton.
Ds. Howard de Estcrick.
Then the Lord Steward and the Earl of Holland were
appointed presently to attend the King, to know what
Time He will please to appoint the select Committees
of both Houses may wait upon Him, for this Purport.
Committee to present them To-morrow.
The Lord Steward reported to the House, "That he
moved the King, as he was commanded by their Lordships; and His Majesty hath appointed the Committees
to wait upon Him at Whitehall To-morrow, at Two
of the Clock in the Afternoon."
A Message was sent to the House of Commons, by
Mr. Baron Henden and Justice Forster:
Message to the H. C. to acquaint them with it.
To let them know, that this House hath voted the
Protestation of the Breach of the Privileges of Parliament to be entered in their Journal-book; and likewise
their Lordships have voted the Petition and Remonstrance
to be presented to His Majesty; to that Purpose, have
appointed Eighteen Lords to join with a proportionable
Number of the House of Commons, to attend the King,
and deliver the same to Him; and that their Lordships
having sent Two Lords to know what Time the Committees may attend His Majesty, He hath appointed Tomorrow, at Two of the Clock in the Afternoon, at
Protection of Armand de Buril.
Upon reading the Petition of Monsieur Jean Armand
De Buril, it is Ordered to be referred to (fn. *) the Consideration of the Lords Committees following, who are to
examine what Molestation he hath sustained since his
coming over into England, for the enjoying of his Religion; and further it is Ordered, That the said Jean
Armand de Buril shall be in the Protection and Safeguard of this House, until his Petition be considered of
by the Lords Committees, and reported unto this House,
and such further Order be made therein as shall be suitable to the Honour and Justice of this House.
The Names of the Lords Committees for the Petition
of Jean Armand De Buril are,
The L. Archbp. of Yorke.
L. Viscount Say & Seale.
Ds. Howard de Estcricke.
Their Lordships, or any Three of them, to meet
when and where they please.
Ordered, That the Petition of Mr. Mac Donnell is
referred to the Consideration of the Committees for
the Irish Affairs; and to consider of his Protection, and
to report their Opinions to this House.
Hector to be attached for printing Proceedings of Parliament.
Ordered, That the Gentleman Usher attending this
House, or his Deputy, shall attach, or cause to be attached, and forthwith brought before this House, the
Body of Samuell Hector, to answer such Matters as he
stands charged with before their Lordships, for printing,
or causing to be printed, a Pamphlet, called Orders
voted by the High Court of Parliament.
Report of the L. Lieut. of the Propositions of the Scots concerning Ireland.
The Lord Lieutenant of Ireland reported some Propositions made by the Scotts Commissioners, concerning
the Affairs of Ireland:
"As in our First Proposition we made Offer of Ten
Thousand Men, in the Name of the Kingdom of Scotland, for further Testimony of our Zeal to His Majesty's Service, and Respect and Brotherly Affection to
the Kingdom of England; we declare that we will,
upon the Charges of the Kingdom of Scotland, levy
and transport these Men, and not stand with our
Brethren upon Condition of Levy and Transport
Money, which we very well know is usual in such Occasions, and could not in Reason have been denied us,
and which will amount to a very considerable Sum of
"2. We desire that there may be Thirty Thousand Pound, [ (fn. *) advanced to us] of the Brotherly
Assistance, because there is great Arrears due to our
Soldiers, who will not willingly enter into a new Employment, unless they be satisfied of what is resting.
"3. We desire (because we cannot unfurnish the
Kingdom of Scotland of Arms, Cannon, and Ammunition) that what (fn. †) Proportion of these we send with our
Army, that so many and such a Proportion of every
Kind may be presently sent into Scotland, to remain
there till the Return of what we take into Ireland,
which we shall give Assurance shall be restored, we
retaining so much of that which shall be sent into
Scotland as shall be lost or spent of ours in the Service
"4. We desire that with all Expedition some Ships
of War may be appointed, to go Locheyam, Port
Patrick, or Air, to guard and waft over our Soldiers,
whom we intend for Expedition to transport in small
Vessels; and that these Ships shall attend at the
Ports in Ireland where we land, that they may be
sent over again into Scotland, to bring over to us any
Necessaries shall be left behind, and so to land again
betwixt these Coasts, to keep the Passage free for
going and returning.
"5. We desire that, for every Thousand Foot we
send into Ireland, an Hundred Horse may be ready to
join with them; and that these be Ordered to receive Instructions and Orders, and in every Thing to
obey the Instructions of our Commanders.
"6. By the Instructions sent by both Houses of your
Parliament to the Commissioners in Scotland, and
which was sent by His Majesty from Barwick by the
Council there, they did beseech His Majesty to commend to the Parliament of Scotland, that they would
so take into Consideration the Matters of Wages and
other Charges, as they would have done for themselves.
"We in this think, we could not make particular
Agreement with our Troops, but desire that you
would let us know what Entertainment you give to
your own Commanders and Soldiers, wherewith we
shall be satisfied, and acquiesce to a Fourth Order you
shall take with them, being willing to serve the
Crown of England with the same Affection, and upon
the same Terms, as if we were English born.
These Propositions the Scotts Commissioners desire the
Answer of the Parliament to.
L. Loftus's Cause.
Upon the humble Petition of the Lord Loftus, read this
Day in the House, it is Ordered, That a Commission
shall issue, under the Great Seal of England, returnable indilate unto their Lordships, directed unto Sir Samuell Miarte, Knight, Second Justice of His Majesty's
Court of Commons Pleas in Ireland, James Dovelland,
Esquire, one other of the Justices of the said Court,
and Sir Maurice Ewstace, Knight, His Majesty's Principal Serjeant at Law, authorizing them, or any Two of
them, to examine upon Oath such Witnesses as shall be
produced unto them, upon Interrogatories annexed unto
the said Commission, in the Cause of the said Lord
Loftus, upon a Transmission brought up from the House
of Commons; and it is further Ordered, That the
Defendants in the said (fn. *) Cause shall have Notice of the
said Commission, who may exhibit their Interrogatories
unto the said Commissioners, and cross-examine such
Witnesses as shall be produced by the Lord Loftus, and
any other Witnesses that the Defendants shall think fit.
Whereas the Petition and Cause of Margarett Russell
was, by Order of this House, dated the 27th of May
1641, referred to the Right Honourable the Earl of
Essex, whose Lordship's many and great Occasions have
not permitted (although his Lordship's Desire hath been)
to hear the said Petition; it is therefore Ordered by
the Lords in Parliament, That the Right Honourable
the Earl of Dover shall be attended by the said Petitioner; and his Lordship is desired, from this House, to
consider of the Petition and Cause, and afford her all
such Relief, by calling the Parties therein mentioned
before his Lordship, and settling some such secure Way
on the Behalf and for the Good of the said Petitioner
as in his Lordship's Wisdom and Justice he shall think fit.
Smith and Busby in Error.
Forasmuch as the Cause between Smith and Busby,
upon a Writ of Error, decidable in no other Court but
in the Court of Parliament, in regard the Suit was
commenced by Original Writ, and long depending before the Lords there, it hath been sundry Times attended
with Counsel, and being it is Matter in Law, the Presence of the Judges is thought needful, and so cannot be
heard in Term, without Prejudice to the several Courts
of Westm.-hall; it is therefore Ordered by the
Lords, That the Matter in Law upon the said Writ of
Error, between the said Parties Smith and Busby, shall
be argued at the Bar in the House, on Tuesday, being
the 11th of January next, peremptorily, not to be altered for any other Man's Private Business; and the
Plaintiff is commanded to attend all the Judges, to give
them Personal Notice hereof accordingly, and to desire
them to be present at the Argument; and the Parties
of either Side are to come prepared for arguing and debating of the Points in the said Cause, at their Peril.
Conference about the Scots Propositions relative to Ireland reported.
After this, the House was adjourned during Pleasure,
and the Lords went to the Conference; which being
ended, the House was resumed; and the Lord Keeper
(fn. *) reported the Effect of the Conference, which was:
"The House of Commons acquainted this House with
the Resolutions, which they have made by Way of
Answer to the Scotts Commissioners Six Propositions,
touching sending Men for Ireland out of Scotland."
The Resolutions were commanded to be read, as
"Die Mercurii, 15 Dec. 1641.
"Resolved, upon the Question,
Votes of the H. C. upon the Scots Propositions.
"1. That the House of Commons is of Opinion to
consent to the First Proposition, upon the raising of
Ten Thousand Men.
"2. That Thirty Thousand Pounds, Part of the
next Payment of the Brotherly Assistance, shall be
presently raised, and advanced to our Brethren the
Scotts, upon the Terms of raising and transporting
(fn. †) their Ten Thousand Men aforesaid.
"3. That the House of Commons are of Opinion, to
consent to this Third Proposition, upon the Terms of
raising the Ten Thousand Men as aforesaid.
"4. That the House of Commons doth consent to
this Fourth Proposition, upon the Terms aforesaid of
raising the Ten Thousand Men.
"5. That this Fifth Proposition shall be referred
back to the Commissioners, to treat with the Commissioners of Scotland upon a less Proportion of
"6. That the House of Commons doth consent to
this Sixth Proposition, upon the Terms of raising the
Ten Thousand Men as aforesaid."
Ordered, That this Business be debated Tomorrow.
Next, the Papers that the House of Commons brought
up the 14th of December last, concerning some Desires
of the House of Commons, which they desired their
Lordships to join with them in, and concerning a Declaration to be made by the King against Toleration of
the Popish Religion, were read and debated, and divers
Amendments and Alterations were made therein; for reducing of which Amendments into Form, a small Committee was appointed, to consider of them, and to report
them to this House To-morrow.
Committee about the Papists.
The Names of the Committees were:
The L. Archbp. of Yorke.
L. Viscount Say & Seale.
Their Lordships, or any Five, to meet To-morrow
Morning, at Nine of the Clock, in the Painted
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
videlicet, 17m diem instantis Decembris 1641, hora 3a
post meridiem, Dominis sic decernentibus.