House of Lords Journal Volume 4: 29 December 1641

DIE Mercurii, videlicet, 29 die Decembris.

PRAYERS.

The Sheriffs and Justices attend, to shew why they did not suppress the Tumults.

Ordered, That the Sheriffs of Midd. and London, and some of the Justices of the Peace for the City of Westm. do presently attend this House, to give a Reason why they have neglected to prevent the coming of the Concourse of People hither.

The Sheriffs were called in; and, being asked why they have not observed the King's Writ, in suppressing and preventing of Tumults and Routs, they answered, "That the Justices of the Peace for Midd. opened the Writ, and granted out Warrants to the Constables, who sent Guards to the Houses of Parliament; and upon this they were questioned by the House of Commons, and the Guards were dismissed."

The Judges to find out the Way of suppressing Tumults.

Hereupon it is Ordered, That the Judges do withdraw, and take into Consideration what is fit to be done for to disperse and prevent Multitudes of People assembling hither.

The Lords that were appointed to wait on the King reported, "That they have delivered the Petition to His Majesty, concerning the Earl of Newport, touching the Kensington Business;" and His Majesty returns this Answer for the present, "That He will put His Answer in Writing, and send it to this House."

The King's Message about raising of 10,000 Men for Ireland.

The Lord Chamberlain delivered this Message to the House, by Command from the King, "That His Majesty, being very sensible of the great Miseries and Distresses of His Subjects in the Kingdom of Ireland, which go daily increasing so fast, and the Blood which hath already been spilt by the Cruelty and Barbarousness of those Rebels crying out so loud, and perceiving how slowly the Succours designed thither go on; His Majesty hath (fn. 1) thought good to let your Lordships know, and desires you to acquaint the House of Commons therewith, that His Majesty will take Care that, by Commission which He shall grant, Ten Thousand English Voluntiers shall be speedily raised for that Service, if (fn. 2) the House of Commons shall declare that they will pay them."

Ordered, That this Message be communicated to the House of Commons, by a Conference.

The Judges Opinions about Tumults.

The Judges return their Opinions, "That the best Way to suppress Tumults is, to put in Execution the Statute of 13 H. IV. Cap. 7."

Ships offered by the Earl of Warwick to convey Arms and Men into Ireland.

The Earl of Warwicke signified to this House, "That his Lordship, having Two Ships now ready to go for The West Indies, offered to transport in them Six Hundred Men with Arms and Ammunition, which the Parliament have designed for the Service and Relief of the Province of Munster, in Ireland, provided the Men and Ammunition be instantly ready, so as his Ships may not stay too long, and so be hindered in their Voyage, and that the Ships may be supplied with such Provisions in Ireland as the Men shall spend going from hence to Ireland."

Hereupon this House gave the Earl of Warwicke great Thanks for his said noble Offer, and resolved to communicate (fn. 3) it to the House of Commons by a Conference.

Message to the H. C. for a Conference, about the King's Message concerning Ireland, and about the Earl of Warwick's Offer.

A Message was sent to the House of Commons, by Sir Robert Rich and Sir Edward Leech:

To desire a Conference, by a Committee of both Houses, touching a Message sent from the King, concerning Ireland; and also touching the Offer of the Earl of Warwicke, for transporting Men into Ireland.

The Lord Chamberlain was appointed by the House to deliver at this Conference what Message he delivered to this House from the King.

And the Earl of Warwicke was appointed to acquaint the House of Commons at this Conference with his noble Offer.

The Judges to consider further of supressing Riots.

The Judges again were appointed to consider what is the usual Practice in other Courts, for preventing of Tumults and Routs.

Knowles and Grey, seditious Preachers, to be proceeded against.

Ordered, That Mr. Knowles and Mr. Grey, who have lately preached seditious Sermons in the City of London, shall be proceeded against by His Majesty's Attorney General, according to Law.

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

Message from the H.C. about preventing Tumults.

"To let their Lordships know, that the House of Commons have taken into their Consideration Two Propositions lately sent to them from their Lordships.

"And the House of Commons says, concerning the Proposition in general, for preventing of Tumults and Routs, they will agree to all good and lawful Ways as their Lordships shall think fit, for the Safety of the Parliament: But, for the Printing of a particular Declaration, the House of Commons say, they have entered into Debate thereof, and find (fn. 3) it to be a Thing of that great Consideration that will require some Time to consider of it.

A Guard for the House.

"Concerning the Proposition, that the Parliament may have a Guard, the House of Commons agree thereunto, so it be such as the Parliament approves of, and that it be commanded by the Earl of Essex.

"Likewise the House of Commons returned Two Letters, which was sent down to them from their Lordships, as concerning Ireland; and the House of Commons observe, that in One of the Letters there is Mention made that something is imparted to the Bearer of it, which was thought not fit to be put into a Letter, as being of that great Importance; and they let their Lordships know, that they hear nothing of the Bearer.

And about the Bills for Pressing Soldiers for Ireland.

and raising Mariners.

"Further, the House of Commons desired that their Lordships would be pleased to remember that there (fn. 3) are Two Bills depending before their Lordships; One concerning pressing of Soldiers for the Service of Ireland; the other concerning the pressing of Mariners for the Defence of the Kingdoms of England and Ireland: The House of Commons desires their Lordships would speedily pass them, without which they conceive Ireland cannot be saved."

The Answer returned to this Message was:

Answer to the H. C.

That their Lordships will take the Two Bills into Consideration, with all convenient Speed.

For the Messenger that brought the Letter, the Earl of Holland declares he received the Letter of Sir John Clatworthy, Knight; but doth not know the Messenger, nor hath heard any Thing since thereof.

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

Answer from the H. C. about the Conference.

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

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

The Judges Report about Tumults.

Next, the Judges reported how and what the Practice is in their Courts, to prevent Riots and Routs; which was, "That it (fn. 4) is usual at Assizes, for the Sheriff of the County to attend all the while, with a competent Number of Men."

Under Sheriff and Two Justices to attend the House, to suppress Riots.

Hereupon it was Ordered, That the Under Sheriff of Midd. and Two of the Justices of Peace for Westm. shall hereafter attend this House de die in diem, and receive the Directions of this House, for the preventing and suppressing of Riots and Tumults hereafter.

A Message was brought from the House of Commons, by Sir Phillip Stapleton, Knight:

Message from the H. C. concerning some Words spoke by Lord Digby in this House.

To let their Lordships know, that the House of Commons finds by common Fame, that it hath been said in this House by the Lord Digby, and offered to be justified by him, "That the House of Commons have invaded the Privileges of the Lords House, and the Liberty of the Subject;" and that he did likewise say in this House, "This was no Free Parliament." The House of Commons desires that, if those Words have been spoken by him, that Right may be done to the Commons of England against the Lord Digby; and that, if no such Words were spoken by him, that then a Declaration may be set forth by their Lordships, to acquit the House of Commons of that Scandal.

The Answer hereunto returned was:

Answer.

That their Lordships will take the Message into Consideration, and send them an Answer, by Messengers of their own, in convenient Time.

Referred to the Committee for keeping good Correspondency between the Houses.

Ordered, That the Consideration of the Words in the aforesaid Message be referred to the Committee appointed to consider of keeping a good Correspondency between the Two Houses.

Arms and Powder for Ireland.

The Lord Steward reported, "That the King is willing to give Warrants for Arms and Powder to be sent for the Service of Ireland; but He desires to know what Particulars are required."

Ordered, That the Committees for the Irish Affairs do consider what Proportions of Ammunition and Arms are fit to be sent into Ireland, that the King may grant Warrants accordingly.

House to meet at Nine in the Morning.

Ordered, That this House shall hereafter meet and sit at Nine of the Clock in the Morning, and continue sitting according as there shall be Occasion, and as their Lordships shall think fit.

None but Members to wear Weapons about the Houses.

Ordered, That a Proclamation be set forth, after the old Precedents, both for Matter and Form, to forbid any but Members of Parliament to wear any Weapons near the Houses of Parliament; and that (fn. 6) Mr. Attorney General shall bring a Draught forthwith unto this House of the said Proclamation.

Pressing Seamen.

Ordered, That the Committee for the Bill for pressing of Mariners are to fit To-morrow, at Two a Clock in the Afternoon.

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

Message from the H. C. for a Conference about Ireland.

To desire a present Conference, by a Committee of both Houses, if it may stand with their Lordships Conveniency, concerning Ireland.

The Answer hereunto returned was:

Answer.

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

Pressing Soldiers for Ireland.

Ordered, That the Bill for pressing of Soldiers for the Service of Ireland, shall be debated To-morrow Morning.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and then the Lord Keeper reported the Effect of this Conference: videlicet,

Report of the Conference concerning Ireland.

"The House of Commons expressed the great Danger that the Province of Munster is in, and the ill Consequence that may come to that Kingdom if the Rebels should gain it: The House of Commons have presented Propositions to their Lordships, and desired that this House would join with them in it.

"Resolved, upon the Question,

"1. That there shall be forthwith sent from hence Fifteen Hundred Muskets and Five Hundred Corslets, to Bristoll, to be with all Speed transported to Yobale, in Munster, to be disposed of by the President there, for the Defence and Security of that Province.

"2. That a proportionable Provision of Match and Bullet be made and provided, for the Relief of the Province of Munster, and the Bullets to be provided at Bristoll.

"3. That Ten Lasts of Powder be forthwith speeded by Carts to Bristoll for Yohale.

"4. That Two Regiments, of One Thousand Foot in a Regiment, be forthwith raised, of Voluntiers, out of the Western Counties; and that the Colonels may be contracted with Thirty † for every Soldier, for the raising and transporting them into Munster.

"5. That their Entertainment may be the same that the House hath allowed for the other Officers; and that they may be mustered at their Landing in Munster, and that the Officers may then begin.

"6. That Arms and Munition may be sent from hence for those Two Regiments; that Sir Charles Valuasoe be required to hasten the raising of his Five Hundred Men appointed by the House for Munster.

"7. That the Lords be desired to join with the House herein, that His Majesty may be moved from both Houses for the Arms and Munition.

"8. That Two Ships, for about Two Hundred Tun a-piece, rigged and provided as Men of War, may be hired at Bristoll, for the present Guarding of the Coast of Munster, and to transport Men, Arms, and Munition from hence.

"9. It is likewise Ordered, That Levy-money shall be allowed to the Lord Inchequin and Mr. Jepson, for the raising of Two Troops of Horse, each of them consisting of One Hundred, after the Rate of Ten Pounds a Horse; and that Arms shall be provided, both for the aforesaid Two Troops, and likewise for a Third of One Hundred, to be raised and commanded by Sir William Courteny; all which Three Troops are to be paid by the Province of Munster, according to the Rate allowed to other Troops in the Irish Army.

"10. It is desired, That the Lords would join with this House, to move His Majesty to grant a General Warrant to the Earl of Newport, for the issuing of such Arms and Ammunition, from Time to Time, as shall be thought fit by both Houses of Parliament, the King being made acquainted therewith; and likewise to move His Majesty to grant a General Warrant to the Lord Lieutenant of Ireland, for the transporting from Time to Time such Men, Horse, and Ammunitions, as shall be thought fit by the King and Parliament."

Sheriffs of Middlesex and London commanded to suppress Tumults.

Next the Sheriffs of Midd. and London, and some of the Justices of the Peace for Westm. were called; and the Statute of 13 H. IV. Cap. 7. was read unto them; and they were commanded to do their Duty, according (fn. 7) to this Statute now read, at their own Perils; and, if they doubted of any Thing, then they are to resort to this House for Advice and Directions therein.

A Message was brought from the House of Commons, by Denzill Hollis, Esquire:

Message from the H. C. about Disorders upon the King's Subjects.

To let their Lordships know, "That the House of Commons have received Information of great Disorders committed between this and Charing Cross; that certain Persons in the Habits of Gentlemen, who are reported to be Officers in the late English Army, and are now in Whitehall, or some Places thereabouts, backed and countenanced by a Guard of the Trained Bands attending about Whitehall, do issue out in Numbers, and assault the King's Subjects going and returning in the King's Peace to and from the Parliament, offering to them (as they are credibly informed) no Offence at all, and Twenty or Thirty of them sore wounded.

"This the House of Commons conceive to be a true Violation of the Liberty of the Subject, and an Affront to the Parliament, and will, in the End, strike an Awe and Terror into the Parliament, if not prevented by the Wisdom of your Lordships and the House of Commons.

A Guard desired by the H. C.

"The House of Commons are likewise informed, by a Member of their House, that he going from the House to his Lodging, through the Church-yard, found there a Guard of Soldiers, and enquiring of them by whose Command they were there, they answered, By the Lord Archbishop of Yorke's. If this be to be suffered, to have Guards set about the Parliament in this Manner, to the Terror and Affray of the People, the House of Commons submit it to your Lordships Judgement; and therefore, to prevent all Inconveniencies, the House of Commons desire to have a Guard, otherwise there will follow certain Mischief in the End; which the House of Commons foreseeing, do give your Lordships timely Warning, that, if it happen, they may clear themselves to all the World: Therefore, that we may still be a free Parliament, he [ (fn. 8) was commanded] to desire their Lordships, that, according to their own Proposition, and upon such Conditions as the House of Commons consented to it, that your Lordships will presently join with the House of Commons, in an humble Petition to His Majesty, that the Parliament may have a Guard, and such a one as may be approved of by both Houses of Parliament, and to be commanded by the Earl of Essex."

Debate about joining with the H. C. in their Desire.

Then this House taking this Message into Consideration, after a long Debate, this Question was put, whether this House will join with the House of Commons in an humble Petition to His Majesty, to desire that the Parliament may have a Guard, and such a one as may be approved of by both Houses, and to be commanded by the Earl of Essex.

And it was resolved negatively.

(fn. 9) The Answer Returned to the House of Commons was:

That this House will send them an Answer To-morrow Morning, concerning this Message.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 30^m diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.