House of Lords Journal Volume 4
3 January 1642

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1767-1830

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'House of Lords Journal Volume 4: 3 January 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 500-502. URL: http://www.british-history.ac.uk/report.aspx?compid=35753 Date accessed: 21 September 2014.


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DIE Lunæ, 3 die Januarii.

PRAYERS.

Message from the King about Ld. Kymbolton, and Five Members of the H. C.

The Lord Keeper signified to this House, "That he was commanded by the King, to let their Lordships know, That His Majesty hath given Mr. Attorney General Command to acquaint their Lordships with some Particulars from Him:" Hereupon Mr. Attorney, standing at the Clerk's Table, said "That the King had commanded him to tell their Lordships, that divers great and treasonable Designs and Practices against Him and the State have come to His Majesty's Knowledge, for which the King hath given him Command, in His Name, to accuse, and did accuse, Six Persons of High Treason, and other high Misdemeanors, by Delivery of the Articles in Writing which he had in his Hand, which he received from His Majesty, and was commanded to desire your Lordships to have it read, in which Articles the Persons Names, and the Heads of the Treason, were contained:" Which Articles were commanded to be read, in bæc verba:

Articles of High Treason exhibited against them by the Attorney General.

"Articles of High Treason, and other high Misdemeanors, against the Lord Kymbolton, Mr. Denzill Hollis, Sir Arthur Haslerigg, Mr. John Pym, Mr. John Hampden, and Mr. William Strode.

"1. That they have traiterously endeavoured to subvert the fundamental Laws and Government of the Kingdom of England, to deprive the King of His Regal Power, and to place in Subjects an arbitrary and tyrannical Power over the Lives, Liberties, and Estates of His Majesty's Liege People.

"2. That they have traiterously endeavoured (by many foul Aspersions upon His Majesty and His Government) to alienate the Affections of His People, and to make His Majesty odious unto them.

"3. That they have endeavoured to draw His Majesty's late Army to Disobedience to His Majesty's Commands, and to side with them in their traiterous Designs.

"4. That they have traiterously invited and encouraged a Foreign Power to invade His Majesty's Kingdom of England.

"5. That they have traiterously endeavoured to subvert the Rights and very Being of Parliaments.

"6. That, for the compleating of their traiterous Designs, they have endeavoured (as far as in them lay) by Force and Terror to compel the Parliament to join with them in their traiterous Designs, and to that End have actually raised and countenanced Tumults against the King and Parliament.

"7. And they have traiterously conspired to levy, and actually have levied, War against the King."

Afterwards Mr. Attorney declared, "That he was further charged to desire certain Things on His Majesty's Behalf.

"1. That a select Committee of Lords may be appointed, to take the Examinations of such Witnesses as the King will produce in this Business, as formerly hath been done in Cases of the like Nature, according to the Justice of this House; and this Committee to be under a Command of Secrecy, as formerly.

"2. And His Majesty commanded him to ask Liberty to add and alter, if there shall be Cause, according to Justice.

"3. By the like Commandment, he desired that their Lordships would take Care for the securing of the Persons, as in Justice there should be Cause."

Ld. Kymbolton desires he may answer them.

Hereupon the Lord Kymbolton, being present in the House, offered himself to obey, with a great deal of Chearfulness, whatsoever it should please this House to impose upon him; and what Course their Lordships should please to take with him, he would submit thereunto. And his Lordship desired, as he had a public Charge, so he might have a public Clearing.

The House takes it into Consideration.

Ordered, That this Business shall be taken into Consideration by a Committee of the whole House, and to consider whether this Accusation of Mr. Attorney General, of the Lord Kymbolton and others, of High Treason and high Misdemeanors, be a regular Proceeding, according to Law; and whether there were any such Proceedings ever before in this Case; and whether an Accusation of Treason may be brought into this House by the King's Attorney against a Peer in Parliament; and whether any Person ought to be committed to Custody upon a general Accusation from the King or the House of Commons, before it be reduced into Particulars.

Committee for this Business.

And these Lords following were appointed Committees, to peruse and consider of Precedents and Records, concerning the aforesaid Particulars, and report the same to the House: videlicet,

The L. Steward.
L. Chamberlain.
Comes Bathon.
Comes South'ton.
Comes Warwicke.
Comes Bristoll.
Comes Holland.
Comes Portland.
L. Viscount Say and Seale.
Epus. London.
Epus. Winton.

Mr. Serjeant Whitfeild,
Mr. Serjeant Glanvile,
Epus. Roffen.
Epus. Sarum.
Ds. Mowbray.
Ds. Wharton.
Ds. North.
Ds. Spencer.
Ds. Brooke.
Ds. Howard de Charleton.
Ds. Robartes.
Ds. Pierpointe.
Ds. Savill.
Ds. Seymour.
Assistants.

Their Lordships, or any Five of them, to meet, and search Records, when and where they please.

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

Message from the H. C. for the Oaths of Supremacy and Allegiance to be taken by the King's and Queen's Servants.

To desire their Lordships, that whereas, upon the Request of the House of Commons, their Lordships have agreed with the House of Commons, that the Servants belonging to the King, Queen, Prince, or to any of the King's Children, shall, according to the Law, take the Oaths of Supremacy and Allegiance, the House of Commons desires that the Lord Keeper may be Ordered to issue forth Writs for that Purpose, to Persons of Honour, to see it done accordingly.

College of Capuchins at Somerset House.

Next, the House of Commons desires, that their Lordships would join with them, to take a Course that the College of Capuchin Friars at Somersett House may be dissolved.

Condemned Priests.

And lastly, the House of Commons desires, that their Lordships would move His Majesty, that the Seven Romish Priests condemned in London may be executed according to the Laws.

The Answer hereunto returned was:

Answer to the H. C.

1. That this House will take the First Part of this Message into Consideration, in convenient Time.

2. That this House hath already agreed with the House of Commons, that the Convent and College of Capuchins at Somersett (fn. *) House shall be dissolved; and, to that Purpose, this House will send to the King, to move His Majesty herein.

For the Third Part, their Lordships have already sent to the King, concerning the Execution of the Seven Priests.

Upon this, the Lord Steward and the Lord Chamberlain were appointed to attend the King, and move Him from both Houses of Parliament, That His Majesty will be pleased that the College of Capuchins at Somersett House may be dissolved.

Counsel assigned the Bishops.

After this, a Petition of the Twelve Bishops that are impeached by the House [ (fn. †) of Commons] of High Treason, was read, desiring that they may have Counsel assigned them by this House, to advise them in their Defence; and in particular they desired these Counsellors following; videlicet,

Mr. Lane, the Prince's Attorney.
Sir Tho. Gardiner, Recorder of the City of London.
Mr. Herne.
Mr. Chute.
Mr. Fountaine.
Mr. Hales, and
Mr. Trevour.

Ordered, That the Counsellors aforesaid are assigned by this House to be of Counsel with the Twelve Bishops.

Pressing Soldiers.

Ordered, That the Bill for pressing of Soldiers shall be considered of and debated To-morrow.

Committee for Gun-powder.

Ordered, That the Committee for Gunpowder and the Salter Pits shall meet on Wednesday in the Afternoon, at Three of the Clock, at which Time the Salt-petre Men and the Officers of the Ordnance shall have Notice to attend the Lords Committees.

Any Lord Liberty to visit the Bishops in The Tower.

Ordered, That this House lays no Restraint upon Members of this House; but any Peer may go and see the Bishops in The Tower, if he please.

Supply of Arms.

Ordered, That the Conference shall be with the House of Commons To-morrow, about the setting the Armourers on Work, for the supplying of the Stores of the Magazines of Arms.

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

Message from the H. C. to sit a while.

To desire their Lordships would be pleased to sit a while, for the House of Commons shall have Occasion to confer with their Lordships about the Breach of the Privilege of Parliament.

The Answer returned was:

Answer.

That their Lordships will sit, according as the House of Commons desires, a while.

English Commissioners to treat with the Scots about their Propositions concerning Ireland.

In regard of the many Occasions at this present, this House cannot take the Propositions brought last from the Scotts Commissioners, concerning Ireland, into so speedy a Consideration as the Necessity of that Kingdom requires; it is Ordered, That the Lords Commissioners do treat with the Scotts Commissioners about the said Propositions, and bring them to such low Terms and Conditions as they think fit for this House to grant, and to report the same to this House.

A Message was brought from the House of Commons, by Walter Longe, Esquire:

Message from the H. C. for a Conference about Breach of Privilege.

To desire a present Conference, if it may stand with their Lordships Conveniency, by a Committee of both Houses, touching the Breach of Privileges of Parliament.

The Answer hereunto returned was:

Answer.

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

Conference reported.

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 this Conference:

For removing the King's Guard at Whitehall, and about searching the Studies, &c. of some Members for Papers.

"That the House of Commons apprehend the Parliament to be the Great Council and the Representative Body of the Kingdom; and both Houses are but as One Body of the Realm: The Privileges are as the Walls and Sinews of the Parliament; which being cut, Destruction will speedily follow.

"That both Houses have lately taken a Protestation for the Maintenance of their Privileges, Persons, and Goods; a High Breach whereof is at this instant; for divers Members of the House of Commons have their Persons assaulted, and laid in Wait for; their Chambers, Studies, and Trunks, have been ransacked and sealed up; as Mr. Hollis, Mr. Pym, and Mr. Hampden. Besides, the House of Commons understand that there are Guards of Soldiers set near the Parliament House, as at Whitehall; which being done without Consent of the Parliament, they hold it to be a Breach of the Privileges of Parliament: The House of Commons therefore desires their Lordships would join with them in an humble Desire to His Majesty, that the Guards at Whitehall may be removed, and that the Parliament may have such a Guard as shall be approved of by the King and both Houses of Parliament: And also the House of Commons desires their Lordships to join with them to vindicate the Breaches of the Privileges of Parliament; and, if a Guard cannot be obtained, then they desire their Lordships to take into Consideration to adjourn to another Place, where they may sit in Security."

This House taking the aforesaid Conference and the Desires of the House of Commons into Consideration;

Order for the Members of the H. C. to have their Studies, etc. free.

Ordered, That all Chambers, Studies, and Trunks, that are sealed up, or locked, belonging to Mr. Hollis, Mr. Pym, Mr. Hampden, or to any Members of Parliament, shall be forthwith unsealed and unlocked, and left to their free Use and Disposure.

Both Houses to Petition for a Guard for the Parliament.

And it was likewise Ordered, that this House will join with the House of Commons in an humble Petition to His Majesty, to desire such a Guard as Himself and both Houses of Parliament shall approve of; and the same to continue so long as the King and both Houses of Parliament shall think fit.

A Message was sent to the House of Commons, by the Master of the Rolls and Mr. Justice Mallett:

Message to the H. C. for a further Conference concerning Privilege, &c.

To desire a present Conference, by a Committee of both Houses, touching the Matter of the late Conference.

The Messengers return with this Answer:

Answer.

That the House of Commons will give a present Meeting, as is desired, in the Painted Chamber.

The Lord Keeper was appointed by this House to acquaint the House of Commons, at this Conference, with the aforesaid Order made concerning the Guards.

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

A Message was brought from the House of Commons, by Sir Christopher Wray, Knight:

Message from the H. C. that they agree with the Lords about the Guards.

To let their Lordships know, that the House of Commons have considered of their Lordships Order, made concerning Guards; and the House of Commons do fully agree with this House therein.

Two Lords to acquaint the King with it.

Hereupon the Lord Steward and the Lord Chamberlain were appointed to attend the King, as from both Houses of Parliament, with the aforesaid Order concerning Guards, and humbly to desire his Answer therein.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum (fn. *) continuandum esse usque in diem Martis, videlicet, 4m diem instantis Januarii, hora 1a post meridiem, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
Bis in Originali.
* Deest in Originali.