House of Lords Journal Volume 4: 11 January 1642

DIE Martis, videlicet, 11; die Januarii

PRAYERS.

Report from the Committee for Irish Affairs.

The Lord Lieutenant of Ireland reported to this House, "That the Lords Committees for the Irish Affairs have met in London, with the Committee of the House of Commons, and have agreed upon some Resolutions concerning the Affairs of Ireland: videlicet,

About the 2500 l. for Horse to Dublin.

"That they are of Opinion, that Two Thousand and Five Hundred Pounds, out of the Loan-money in the Chamber of London, shall be forthwith delivered to Sir Job Harbie and Sir John Nulls, Knights, who have undertaken to return it to Chester, for the paying and transporting of the Three Hundred Horse now there to Dublin.

3000 l. for Victuals.

"2. That Three Thousand Pounds more, out of the Loan-money in the said Chamber, be likewise forthwith paid to the said Sir Job Harbie (fn. 1) and Sir John Nulls, Knights, who have undertaken to give Credit to Mr. Walter Frost, Commissary for the Victuals.

Further Supply for Ireland.

"The Committee of the House of Commons told the Lords Committees likewise, that they were now at the Bottom of their Purses; and forasmuch as the Necessity of providing of Money, and of the Supply for the present Relief of Ireland, requireth the Consideration of both Houses of Parliament, and forasmuch as they cannot sit in Safety without strong and sufficient Guards from the City of London and adjacent Parts, they desired the Lords Committees to join with them, to consider of a Way for securing of both Houses by Guards as aforesaid, that they may come and return and remain in Safety.

Votes of a Guard for the Houses.

"Hereupon the Lords Committees have voted, That it is fit and necessary that there be strong and sufficient Guards from the City of London (fn. 1) and adjacent Parts, for the securing of both Houses, that they may fit in Safety.

By the Sheriffs of London and Midd.

"2. Their Lordships have voted, That it is a legal Way for the House to require the Sheriffs of Midd. and London to attend for that Purpose, with the Posse Comitatus; and that they will report these Votes to the House accordingly.

The Manner referred to the Common Council of London.

"And the Lords Committees, meeting again with the Committee of the House of Commons the Tenth of this Instant January, were of Opinion, That Guards are necessary to be placed, before the Committee for the Irish Affairs do sit at Westminster; and for the Manner of Ordering of those Guards, they referred it to the Common Council of the City of London; and their Lordships will report to the House of Lords, That the placing of those Guards, for the Safety of the Irish Committee, is, in their Opinion, an acceptable Service to the Commonwealth."

Ordered, That this House confirms the Report now made by the Committee for the Irish Affairs, and doth approve of their several Opinions and Votes therein, and doth Order the same accordingly.

The Lord Steward reported the King's Answer, touching the Desire of both Houses concerning Guards; which Answer was read, in hæc verba: videlicet,

The King's Answer concerning Guards.

"We having considered the Petition of both Houses of Parliament concerning a Guard, do give this Answer, That We will (to secure their Fears) command the Lord Mayor of London to appoint Two Hundred Men out of the Trained Bands of the City (such as he will be answerable for to Us), to wait on the Houses of Parliament, that is to say, One Hundred on each House, and to be commanded by the Earl Lyndsey, it being most proper to have him, as being Lord Great Chamberlain, who, by his Place, hath a particular Charge of the Houses of Parliament, and of whose Integrity, Courage, and Sufficiency none can doubt."

A Message was brought from the House of Commons, by Sir John Hotham, Knight:

Message from the H. C. with Two Letters one sent to Mr. Bridgemar, the other to Mr. Anderton.

To inform their Lordships of Two Letters, One sent to Mr. Orlando Bridgeman, a Member of the House of Commons, the other written to one Mr. Anderton, which they offer to their Lordships, to make Use of them as they think fit. Likewise the House of Commons sent up a Vote, which hath passed in their House, touching the Guards, which they leave to their Lordships Consideration, to join with them in it if their Lordships shall think fit; and further, they let their Lordships know, that they have called in some Citizens and others, who came down to guard the Parliament this Day, and have given them Thanks for their said Service; and they desire their Lordships will please to do so likewise, if this House shall think fit.

The Two Letters were read.

After that, the Vote of the House of Commons was read, in hæc verba: videlicet,

"Resolved, on the Question,

Vote for approving the Service of some Citizens for guarding the Houses.

"That the Actions of the Citizens of London and others, in the Guarding and Defence of the Parliament, or the Privilege or Members thereof, either by the Trained Bands or otherwise, are according to their Duties, and the late Protestation, and the Laws of this Kingdom; and that, if any Person shall arrest or trouble any of them for so doing, he doth thereby break the Privilege of Parliament, violate the Liberty of the Subject, and is hereby declared an Enemy of the Commonwealth."

Ordered, That this House consents and agrees to this Vote of the House of Commons.

Thanks to be given to the Guard.

Ordered, That this House give Thanks to the Sheriffs and Citizens of London, for coming down this Day, and guarding the Houses of Parliament.

L. Keeper Leave to be absent Tomorrow.

L. C. J. C. P. appointed Speaker.

The Lord Keeper acquainted the House, "That he hath now received a Letter from the King, to command him to wait upon Him at Windsor, with all Speed, To-morrow Morning:" Hereupon the House gave the Lord Keeper Leave; and Ordered, That the Lord Chief Justice of the Common Pleas shall fit Speaker of this House To-morrow.

Citizens receive the Thanks of the House.

The Citizens of London and others were called in; and the Lord Keeper, by the Command of this House, gave them Thanks for the great Care they had for the Security and Safety of the Houses of Parliament.

L. Kymbolton offers himself to Trial.

The Lord Kymbolton made it his Suit this Day to this House, he lying under so great a Charge, which concerned his Life, his Estate, and his Honour, which is dearest unto him, "That Mr. Attorney General may be commanded (when it shall be declared by this House that the Proceedings against him are legal) to prosecute the Accusation against him:" His Lordship declared, "That, if Mr. Attorney be now ready to make good the Charge against him, he is ready to answer it, he desired no further Time; but, if Mr. Attorney be not now ready, his Lordship tendered himself to be at their Lordships Disposing, and will render himself to their Pleasures whensoever Mr. Attorney shall be ready with his Witnesses to proceed against him, and their Lordships command him; his own Innocency making him thus confident."

Mr. Attorney General, being absent, was sent for, to be asked when he will be ready to prosecute the Accusation against the Lord Kymbolton and others.

Attorney General not ready.

Mr. Attorney being come, was commanded to speak what he could concerning the Proceedings against the Lord Kymbolton and others; who declared, "That what he did was by the express Command of the King his Master, and not done by his Advice; and, since, he attended the King to receive His Majesty's further Directions therein, who told him, that when He went out of Town, His Majesty would leave something with the Lord Keeper to acquaint this House further with concerning Business. His Majesty being gone out of Town, Mr. Attorney said, he attended the Lord Keeper to know whether the King had left any Directions with him, who told him, he had received none from His Majesty, but that he was commanded to attend His Majesty speedily."

Hereupon the Lord Kymbolton desired the House, that some speedy Course may be taken, that his Life, Estate, and Honour, may be secured.

Two Companies of the Trained Bands daily to guard the Houses.

Ordered, That the Sheriffs of London and Midd. be hereby required to send Two Companies of the Trained Bands of the City of London, and County of Middlesex, under the Conduct and Command of Serjeant Major Skippon, to attend both Houses of Parliament every Day, for (fn. 1) their Security, until both Houses do give Order to the contrary.

Directed "To the Sheriffs of the City of London and Midd."

A Message was sent to the House of Commons, by Serjeant Whitfield and Serjeant Glanvile:

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

To let them know, that this House hath fully agreed and consented with them in their Vote concerning the Guards, sent up this Day: And further, that their Lordships think it fit, and have Ordered it, That the Sheriffs of London and Midd, shall send Two Companies of the Trained Bands, under the Conduct and Command of Serjeant Major General Skippon, every Day, to secure the Parliament.

The Messengers return Answer:

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

Lord Fauconbridge and Harrison's Cause referred to the Lord Keeper.

Ordered, That the Cause between the Right Honourable the Lord Fauconbridge and Thomas Harrison (being by the Consent of his Lordship) shall be heard before the Lord Keeper (as soon as his Lordship shall please to appoint), without any Formality of a Bill of Review; and to be Ordered according to the Merits of the Cause, as in Justice shall appear; and the said Thomas Harrison to have Notice hereof, that he may be prepared for the said Hearing accordingly, or else to shew Cause unto this House.

A Message was brought from the House of Commons, (fn. 1) by Mr. Nath. Fynes:

Message from the H. C. that they agree to the Guards for both Houses.

To let their Lordships know, that the House of Commons do agree, That Two Companies of the Trained Bands be appointed by the Sheriffs of London and Midd. every Day to attend the Houses of Parliament, for their Security; and that the same are to be commanded under Serjeant Major General Skyppon.

Message from the H. C. with a Bill, that the Two Houses may adjourn themselves to any Place;

A Message was brought from the House of Commons, by Sir Phillip Stapleton, Knight, who brought up a Bill, which had passed the House of Commons, intituled, "An Act declaring that the Lords and Commons may adjourn themselves respectively to any Place."

and for securing Hull.

2. To let their Lordships know, that the House of Commons are informed that there is at Hull a Magazine of the King, of Arms for Sixteen Thousand Men, and proportionable Ammunition; but, in regard no great Strength is in the Town, and that the Country about is full of Papists ill affected, the House of Commons desires their Lordships to join with them, that some Companies of the Trained Bands next adjoining to Hull be forthwith put into that Town, for the Safeguard of that Town and the Magazine there; and the said Trained (fn. 1) Bands to be under the Command of Sir John Hotham, Knight, who hath the Command of that Town already by Patent from the King.

Order for Sir John Hotham to put a Garrison into Hull.

Hereupon it was Ordered, That some of the Trained Bands of Yorkeshire, nearest to Hull, in the said County, under the Command of Sir John Hotham, Knight, shall with all Speed be put into the said Town of Hull, for the securing of the King's Magazine there, and the said Town; and hereof the said Sir John Hotham is (by virtue of this Order) commanded to perform it accordingly; and the said Sir John Hotham is to command the Town and Forces therein; and all Parties whom it concerns shall give their Obedience unto the said Sir John Hotham and his Ministers; and lastly, that Sir John Hotham, or who else he shall appoint under him, shall not deliver up the Town of Hull, or Magazine there, or any Part thereof, without the King's Authority, signified unto him by the Lords and Commons now assembled in Parliament.

"To Sir John Hotham, Knight, the Elder."

The King to be acquainted with it.

Ordered, That the King be made acquainted with this Order speedily.

A Message was brought from the House of Commons, by Sir John Clattworthy, Knight:

Message from the H. C. to sit at 10 A. M. To-morrow.

To let their Lordships know, that they intend to fit To-morrow Morning, at Ten of the Clock; and the House of Commons desires their Lordships would sit likewise at the same Time.

The Answer returned was:

Answer.

That their Lordships will sit To-morrow, at Ten a Clock, as is desired.

Bill for the Houses to adjourn themselves to any Place.

Hodie 1^a et 2^a vice lecta est Billa, An Act for declaring that the Lords and Commons may adjourn themselves respectively to any Place.

And this Bill was presently committed to a Committee of the whole House; and the House was adjourned into a Committee during Pleasure, to debate the said Bill.

The House was resumed; and it was reported to the House, "That the Bill was fit to pass as it came from the House of Commons."

Ditto.

Hodie 3^a vice lecta est Billa, An Act declaring that the Lords and Commons may adjourn themselves respectively to any Place.

And, being put to the Question, it was consented to, to pass as a Law.

Bucks Petition.

The House being informed, "That some Gentlemen of the County of Buckinghamshire were come to present to this House a Petition;" the House commanded them to be brought in, who delivered a Petition, which was read in their Presence, as followeth:

"To the Right Honourable the House of Peers, now assembled in Parliament.

"The humble Petition of the Inhabitants of the County of Bucckingham.

"Sheweth,

"That whereas we hoped, upon the happy assembling of this present Parliament, we should have had a speedy Redress of those Pressures we had for many Years been under, but have hitherto been in great Measure frustrate of our Hopes, by the strong Counter-working of a malignant Faction, whereby the perfecting of Reformation is hindered, the Endeavours of the House of Commons in great Part successless, our Dangers grown upon us by iterated Plots; Priests and other Delinquents unpunished, to the Encouragement of others; Ireland lost by protracted Councils, while Thousands are there butchered by immane Cruelties; and, to cut off all Hopes of future Reformation, the very Being of our Parliaments endangered, by desperate and unexampled Breach of Privileges, which, by our Protestation lately taken, we are bound with our Lives and Estates to maintain; and in respect of that late Attempt upon the Honourable House of Commons, we are now come to offer our Service to that End, as resolved in their just Defence to live and die.

"And therefore humbly pray that this most Honourable House will co-operate with the House of Commons, in most speedy perfecting the most necessary Work of Reformation, bringing to condign and exemplary Punishment both wicked Counsellors and other Plotters and Delinquents; that Ireland may be speedily relieved; the Privileges of Parliament fortified against all future Attempts; and the whole Kingdom put into such a present Posture of Defence, that we may be safe both from all Practices of the malignant Party at Home, and the Endeavours of any ill-affected States abroad.

"And they shall pray, &c.

Thanks given to the Petitioners.

The Petitioners, being withdrawn, were called in again, and told, "That this House takes well their coming hither with their Petition, and their Care of the Privilege of Parliament, and the Kingdom of Ireland; for which this House gives them Thanks; and their Lordships will take their Petition into Consideration."

Message from the H. C. to join in a Petition for displacing Sir John Byron from the Lieutenancy of The Tower;

A Message was brought from the House of Commons, by Sir H. Vane, Junior:

and recommending Sir John Conyers for his Place;

To let their Lordships know, That, in regard of the great Jealousies and Distractions of the City of London, by Sir John Byron's being Lieutenant of The Tower of London, as appears by the Citizens shutting up their Shops, and giving over Trade, and in regard of the good Affections expressed this Day to the Parliament, the House of Commons desires their Lordships to join with them, to petition the King, that Sir John Byron may be forthwith removed from being Lieutenant of The Tower, and that Sir John Conyers may be recommended to His Majesty for that Place.

After much Debate of this Message, it was put to the Question; and it was Resolved, upon the Question,

Lords declare joining in it.

That this House thinks it not fit to join with the House of Commons in an humble Petition to His Majesty, for the removing of Sir John Byron, Knight, from being Lieutenant of The Tower, and placing of Sir John Conyers there.

The Answer returned to the House of Commons is:

Answer to the H. C.

That this House thinks it not fit to join with them to petition the King, for to remove Sir John Byron, Knight, from being Lieutenant of The Tower, and for placing Sir John Conyers there.

Day given to the Bishops impeached.

Ordered, That the Twelve Bishops impeached of High Treason by the House of Commons do put in their Answers into this House on Friday next.

Earl of Kingston Leave to be absent.

The Earl of Kingston is excused for his Absence, being taken sick as he was coming up to attend upon this House.

Lord Keeper to acquaint the King with the Order about Hull, and to move Him for the Royal Assent to Three Bills.

Ordered, That the Lord Keeper, when he attends the King, shall acquaint the King with the Order made concerning the Town of Hull, and likewise to move His Majesty from both Houses, That He will (fn. 1) be pleased to give His Royal Assent to Three Bills, which have passed both Houses, One for the pressing of Mariners, another concerning redeeming of Captives at Algiers, and the Third concerning the Power of both Houses to adjourn the Parliament, etc.

Order concerning Windsor Forest.

Upon Information this Day given unto the House, That the Commissioners touching the Bailifwick of Surrey have lately met, for the bounding of the Bailifwick of Surrey in His Majesty's Forest of Windsor, contrary to an express Order of the Lords in the Upper House of Parliament, dated the 5th of this Instant January; and that the said Commissioners intend speedily to return their Commission into the Chancery;" it is thought fit, and so Ordered, by this House, That the Return of the said Commission, Inquisition, and all the Proceedings thereupon, shall not be filed, or be proceeded in, until the Pleasure of this House shall be further known.

Directed "To the Six Clerks of the Chancery, and the Clerk of the Crown, and the Clerk of the Petty Bag."

Lord Chamberlain and Earl of Holland, sent for by the King, are commanded by the House not to go, but attend this House.

This Day the Lord Chamberlain acquainted this House, "That the King hath sent Command, that his Lordship and the Earl of Holland shall attend His Majesty at Hampton Court; but, before they went, they desired to know the Pleasure of this House, being bound by their Writs to attend the Business of the Kingdom."

Hereupon the House commanded the Lord Chamberlain and the Earl of Holland to attend this House, and would not dispense with their Absence, in regard of the many great and urgent Businesses depending in this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 12^m diem instantis Januarii, hora 10^a Aurora, Dominis sic decernentibus.