DIE Lunæ, videlicet, 20 die Decembris.
PRAYERS.
The King will send an Answer to the Petition of both Houses, concerning His Infringement of their Privileges.
The Lord Keeper signified to the House, "That the
King had commanded him, by the Lord Chamberlain,
to let both Houses of Parliament know, that His Majesty would send His Answer to the Petition and Remonstrance of both Houses presented to Him, this
Afternoon, as soon as the Committees of both Houses
do attend Him."
Hereupon a Message was sent to the House of Commons, by Mr. Baron Henden and Mr. Justice Foster:
Message to the H. C. to acquaint them with it.
To let them know the King's Message as aforesaid,
that so the Committees of both Houses may attend the
King this Afternoon at Whitehall.
The Messengers return with this Answer:
Answer.
That they have delivered their Message to the House
of Commons.
Cheshire Petition about Church Government sent to the House by His Majesty.
Next, a Petition was delivered unto this House, by
the Lord Keeper, by Command of the King, from some
of the Inhabitants of the County of Chester, concerning Church Government, and the Book of Common
Prayer.
Sir John Blagrave's Bill.
Hodie 2a
vice lecta est Billa, An Act to enable Sir
John Blagrave, Knight, to make a Jointure to his
Wife, etc.
Committed to these Lords following: videlicet,
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Comes Bathon.
Comes Southton.
Comes Warwicke.
Epus. Winton.
Epus. Co. & Litchfeild.
Mr. Justice Reeves and
Mr. Serjeant Whitfield, |
Epus. Gloucester.
Ds. Mowbray.
Ds. Coventry.
Ds. Seymour.
Ds. Bruce.
Assistants. |
Their Lordships, or any Three of them, to meet
the next Monday after Twelfth-day; and all Parties that are concerned therein to have Notice.
Earl Pembroke's Bill.
Hodie 3a
vice lecta est Billa, An Act for the Indemnity
of Phillip Earl of Pembrooke and Montgomery, and the
Lady Anne his Wife, and the Heirs and Assigns of the
said Lady Anne, notwithstanding any Office to be found,
and Livery to be sued, etc.
And, being put to the Question, it was Resolved
to pass as a Law, nemine contradicente.
Sir Francis Popham's Bill.
Ordered, That the Committee for Sir Francis Popham's Bill do meet on Thursday next.
Morgan and Rookes.
After this, Turbervile Morgan was brought upon a
Habeas Corpus, being arrested upon an Execution by
George Rookes, contrary to the Order of this House of
the 27th of July 1641.
George Rookes pleaded, that he was never served with
the said Order.
Hereupon it was Ordered, That the said Turbervile
Morgan shall make Proof To-morrow, concerning the
Disobedience of Rookes to the said Order, and likewise
to prove that Rookes was served with it; and that, in
the mean (fn. *) Time, Turbervile Morgan is re-committed to
the Sheriff.
E. of Salisbury Leave to prosecute some Business in the H. C.
It was moved, "That the Earl of Salisbury hath some
Business depending in the House of Commons, and
his Lordship desires (being a Peer) he may have
Leave of this House to follow it;" which this House
granted.
Report from the Scots Commissioners.
The Lords Commissioners reported, "That this
Morning they met with the Scotts Commissioners, who
delivered them this Paper following, with a Desire
that they might have a speedy Answer therein, for
they are to send Letters away presently to Scotland:
"It is now Twenty Days since we came hither, and
a Fortnight since we began this Treaty; and there is
not one of our Propositions answered; therefore, lest
those that sent us, and expected an Answer from us
against the 8th of this Month, should impute it to us,
we earnestly desire and expect an Answer to our Propositions given in, that we may give in the rest, and
be at a Point this Day or To-morrow: and, in Case
of further Delay, we demand that, since the 8th of
this Month (at which Time we should have sent Answer into Scotland), to the End of the Treaty, we
may have Entertainment for the Two Thousand and
Five Hundred Men we have kept up for this Service;
otherwise we must send into Scotland, that they be
disbanded."
A Message was brought from the House of Commons,
by Mr. Hollis:
Message from the H. C. for a Conference, about Ireland and the Scots.
To desire a Conference, by a Committee of both
Houses, touching the Declaration concerning Ireland,
and expediting thereof, and concerning some Propositions which they have received newly from the Scotts
Commissioners.
Next, the House of Commons desires their Lordships
would take the Bill for pressing of Soldiers for Ireland
into speedy Consideration, without which, they say,
Men cannot be raised for the Service of Ireland.
Also the House of Commons desires their Lordships
would give Expedition to the Six Propositions of the
Scotts.
And further he said, "That the House of Commons
do make this Declaration, That they have done what
they can to further the relieving of the miserable
and distressed Estate of the Protestants in Ireland;
and they do clear themselves of the Blood and Misery
which will follow, if Expedition be not done speedily
to those Means that may relieve them."
The Answer hereunto returned was:
Answer.
That their Lordships will give a present Meeting, as
is desired, in the Painted Chamber, touching the Two
First Propositions; and for the other Propositions, their
Lordships will take them into Consideration, and expedite them with all Speed.
Letters from Sir Jo. Temple to the Lord Lieutenant, about the State of Ireland.
Next, a Letter was read, dated the 10th of December, written to the Lord Lieutenant of Ireland, from
Sir Jo. Temple, at Dublin. The principal Matters
in it were: "That Succours come slowly out of England: That the whole State of Ireland suffers, and
the Kingdom is likely to be lost, by the slow Proceedings of sending over of Men, Arms, and Money:
That the Lords of The Pale refuse to come to the
Council: That the Rebels are in a Body, within Six
Miles of Dublin: And that the Lo. Gormanston,
Slayny, and Louth, have Correspondency with the
Rebels: That Provisions will be cut off from them
at Dublin: Therefore they desire speedy Succours
from England."
Then the Lord Keeper, and the Lord Wharton to
assist him, was appointed to report the Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Lord Keeper reported the
Effect of the Conference: videlicet,
Report of the Conference, concerning Ireland.
"That the House of Commons agree and consent to
the Amendments and Additions in the Declaration
touching Toleration; and they desire that the same
Committee of Lords, that formerly met with a select
Committee of the House of Commons, may again
meet, to agree and consider of the Form how they
shall be entered in the Journal Book."
Next it was reported, "That the House of Commons
have brought up a Proposition lately sent to them from
the Scotts Commissioners."
Which Proposition, being read, was the same which
was reported by the Lords Commissioners this Day.
Ordered, That the Committee of Lords, which
formerly met with the Committee of the House of
Commons, touching the aforesaid Papers concerning
Ireland, do meet presently with the Committee of the
House of Commons.
Message to the H. C. for further Conference on the Irish Papers.
And a Message was sent to the House of Commons,
by Sir Robert Rich and Doctor Bennett, to let them
know so much.
The Messengers (fn. *) return this Answer:
Answer.
That the Committee of the House of Commons will
meet the Lords Committees presently, as is desired.
To meet Tomorrow.
Then the same Messengers were sent down to the
House of Commons again, to desire that the aforesaid
Committees of both Houses might (fn. *) meet To-morrow
Morning, at Nine of the Clock, in the Painted Chamber.
The Messengers return with this Answer:
Agreed to.
That the Committee of the House of Commons will
meet accordingly.
Next, the King's Answer to the Petition and Remonstrance was reported by the Lords Committees, and
read, in hæc verba; videlicet,
"My Lords and Gentlemen,
King's Answer to the Petition and Remonstrance about His Infringement of the Privileges of Parliament.
"In Answer to your Petition, concerning Our Speech
to the Two Houses of Parliament the 14th of December;
"First, We do declare, That We had no Thought
or Intention of breaking the Privileges of Parliament; neither are We satisfied that Our being informed of any Bill transmitted by the House of Commons
to the House of Peers (especially where Our Learned
Counsel are admitted by the Peers to speak in Our Behalf, as they were in this Case, and therefore Our
Directions necessary therein) can be judged any Breach
of the Privileges of Parliament.
"And as for Our taking Notice thereof, and desiring the inserting of a Clause (of saving all Rights),
We neither did willingly or knowingly do any Thing
to the Breach of the Privileges of Parliament; but
what We did therein was in the great Zeal We had,
and ever shall have, to the suppressing the Rebels in
Ireland, the quick Dispatch of which Bill contributed
so much to the effecting thereof, and it could not but
have received great Delay had it passed both Houses
in a Way whereunto We could not have given Our
Royal Assent.
"Neither had We any Intention to express any Displeasure against any particular Man, for any Opinions
or Propositions delivered by Way of Debate in either
House; for Our Intention was, to express only a general Dislike of any Questions that should be raised,
especially at this Time, concerning Our Prerogative
and the Liberty of the Subject, such as this is, being
but a Preamble, which might be left out without Prejudice to the Claim, and could not be approved by
Us without concluding Our Right.
"As for the last Demand, That We should declare
the Persons that gave Us Information, it is no great
Wonder that We should get Information of the Contents of the Bill, since they were published in Print
before We spoke of them; yet, though We should
have gotten Notice otherwise, it is a Thing much beneath Us to name any that should give Us Information or Counsel, it being that which We would not
impose upon any Person of Honour.
"Our Conclusion is, That We had not the least
Thought of breaking the Privileges of Parliament,
but shall, by Our Royal Authority, ever protect and
uphold them; and We expect that you will be as
careful not to trench upon Our just Prerogative as
We will be not to infringe your just Privileges and
Liberties; and then there will be little Disagreement
betwixt us hereafter in this Point."
Copy of it to be sent to the H. C.
It is Ordered, That a Transcript of this Answer
s (fn. †) be sent down to the House of Commons.
A Message was brought from the House of Commons,
by Sir Robert Harley, Knight:
Message from the H. C. to desire the Lords Committees may be authorized to receive Two Propositions about Ireland.
To desire, That the Lords Committees, that meet
To-morrow Morning with the Committee of the House
of Commons, may have Authority from this House, to
receive Two Propositions, touching the Government of
the Parliament of Ireland.
And that the Lords will not have a Recess without acquainting them.
2. That, considering the great Affairs of Ireland,
the House of Commons do desire that their Lordships
will not resolve of a Recess before the House of Commons be made acquainted therewith.
Agreed to by the Lords.
Hereupon it is Ordered, That the Lords Committees shall have Power to receive the Two Propositions of
the Committee of the House of Commons; and that
this House will not resolve of any Recess before they
make the House of Commons acquainted therewith.
And the Answer was returned as aforesaid.
After this, the House was adjourned during Pleasure
into a Committee, to debate how many Scotts should be
sent out of Scotland into Ireland; and, after much Consideration, the House was resumed, and these Three
ensuing Questions were put:
Votes about the Scots for Ireland.
"1. Whether this House shall consent to send Ten
Thousand Scotts into Ireland, before it can be ascertained that we can and shall send Ten Thousand English?"
Resolved negatively.
"2. Whether this House shall consent to send Ten
Thousand Scotts before the Bill for Pressing be
passed?"
Resolved negatively.
"3. Whether this House shall join with the House
of Commons in sending Ten Thousand Scotts now into
Ireland?"
Resolved negatively.
Ordered, That the Bill for Pressing shall be the
First Business taken into Consideration To-morrow.
Ordered, That the House be called To-morrow,
and the Collection to be made in this House for Ireland.
The Lords Commissioners are to let the Scotts Commissioners know, That this House desires they would
stay their Messengers from going to Scotland until Tomorrow at Night; and then they shall receive an Answer to their last Proposition.
The King's Answer to the Petition and Remonstrance.
Ordered, That the King's Answer to the Petition
and Remonstrance shall be taken into Consideration on
Thursday next.
Porter's Order for quieting his Possessions in North Somercotes in Lincolnshire.
Upon reading the Petition of Endymion Porter,
Esquire, "That he might have the Benefit of a public
Order, dated the 13th of July 1641, concerning the
breaking violently into Possessions and Inclosures, in
a tumultuous Manner;" it is Ordered, That the
said Endymion Porter shall have the Benefit of the said
Order of the 13th of July in his Particular, touching
his Lands in the Parish of North Somercotes, in the
County of Lincolne; and that such as shall break the
said Order, and Affidavit made thereof unto this House,
and their Names delivered unto the Clerk of the Parliament, a Messenger shall be sent for them as Delinquents, and they shall undergo such Punishments (if
they shall be found faulty) as in their Lordships great
Wisdoms they shall think fit.
Doctor Featley and Kirwin.
Ordered, That the Cause between Mr. Doctor
Featley and Andrew Kerwin, in the King's Bench, shall
be stayed, and no further Proceeding to be had, until
the Injunction that is granted in the Exchequer, which
is now depending before the Lords Committees for Petitions, shall be considered of, and reported to this
House.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis,
videlicet, 21m diem instantis Decembris, hora 10a Aurora, Dominis sic decernentibus.