DIE Jovis, videlicet, 13 die Januarii.
Lake versus Sir Thomas Lake and Lady Wylde.
Whereas the Lord Keeper hath appointed to hear a
Cause, between Sir Tho. Lake, Knight, and the Lady
Wylde, Defendants, and Lancelott Lake, Plaintffi, at Exeter House, by Eight of the Clock in the Morning, on the
19th of this Instant Month of January, which was referred to him and some other Lord or Lords of Parliament, to hear and determine the Cause; it is thought
fit, and so Ordered by this House, for quicker Dispatch of the Business, and for a right Understanding of
the said Cause, That the said Lady Wyld shall be hereby enjoined, that she shall bring in, or cause to be
brought in, before the Lord Keeper, at the said Hearing, all the Writings she hath concerning the pretended
Sale of the Land in Question; and that such Witnesses
as the Plaintiff shall send the Names of unto the Clerk
of the Parliament shall be sent for, by Warrant, to
attend the Hearing.
Witnesses therein to attend.
Ordered, That Robert Woolrich, Rich. Blagrave, and
Robert Roe, shall attend the Lord Keeper at Exeter
House, on the 19th of this Instant Month of January,
to give in their Testimony, in the Cause between Sir
Tho. Lake and Lancelott Lake, Esquire.
Message from the H. C. with Three Orders of their House.
A Message was brought from the House of Commons,
by Sir Henry Vane, Junior; who brought up Three
Orders, drawn up out of the Three Resolutions agreed
upon by both Houses Yesterday.
Oxfordshire to be secured.
The First Order was, to command the Sheriffs of the
Counties of Midd. Surrey, Buckinghamshire, and Berks;
and the House of Commons desires that Oxfordshire
may be added. The Order was read, in hæc verba:
Order against unlawful Assemblies.
"Whereas Information hath been given to the Parliament, That the Lord Digby, Son to the Earl of
Bristoll, and Colonel Lunsford, with others, have gathered Troops of Horse, and have appeared in a
Warlike Manner at Kingston upon Thames, in the
County of Surrey (where the Magazine of Arms for
that Part of the County lies), to the Terror and Affright of His Majesty's good Subjects, and Disturbance of the Public Weal of the Kingdom; it is this
Day Ordered, by the Lords and Commons in Parliament, That the Sheriffs of Surrey, Berks, Buckingham, Oxon, and Midd. calling to their Assistance
the Justices of the Peace and the Trained Bands of
those several Counties (or so many of them as shall
be necessary for the Service), shall suppress the unlawful Assembly, and all other like Assemblies, gathered together to the Disturbance of the public
Peace of the Kingdom, in these several Counties respectively; and that they take Care to secure the said
Counties and the Magazines in them; and that the
Sheriffs take special Care to secure the said Counties
and the Magazines in them; and that the Sheriff of
Midd. take special Care to secure The Strond and
Westm. and that all the said Sheriffs do give speedy
Accompt of their Proceeding herein to the Parliament."
Ordered, That this House agrees with the House
of Commons in this Order, and thinks it fit that this
Order be made general for all England.
The Second Order was this: videlicet,
Order about the Sitting of the Common Council of London.
"Whereas the Common Council of London hath appointed a Committee, to consider of the Defence and
Safety of the City; and that the Resolutions of the
said Committee can take no Effect until they be communicated to the Common Council; it is therefore
Ordered, by the Lords and Commons in Parliament, That the Lord Mayor shall call a Common
Council as often, and at such Times, as shall be desired by the said Committee; and that whatsoever
Order the said Lord Mayor hath or shall receive
from either of the Houses of Parliament shall be by
him forthwith imparted to the said Committee."
Ordered, That this House approves of this Order.
The Third Order was read, in hæc verba:
Order about securing Portsmouth.
"Ordered, by the Lords and Commons in Parliament, That the Governor of Portsmouth shall neither
deliver the Fort or Town, nor receive any Forces
into either of them, but by His Majesty's Authority,
signified to (fn. *) him by both Houses of Parliament."
Ordered, That this House agrees with the House
of Commons in this Order.
James Hanham a Recusant's Arms to be seized by the Sheriff of Somersetshire.
Upon Information this Day given unto the House,
"That one James Hanham, a Popish Recusant (inhabiting in an obscure Place in Somersettshire, called
Hollewell), hath, or lately had, in his House, several
Arms for Men and Horse, that is to say, Forty Arms
for Foot, and Twenty Arms likewise for Horse, with
Three Pieces of Brass Ordnance, which causeth great
Terror and Fear to His Majesty's good Subjects inhabiting in those Parts, and may prove of ill Consequence if speedy Course be not taken therein;" it is
thought fit, and so Ordered, by the Lords in Parliament, That the Sheriffs of the said County of Somersettshire, calling to their Assistance Two of the next Justices
of the Peace of the said County now resident there,
shall seize and take into their safe Custody and Possession
the said Arms both for Man and Horse, together with
the said Brass Ordnance, and all other Arms that they
shall find in the House of the said James Hanham;
which Arms, being so seized, are to be put into safe
Custody, unto His Majesty's Use and Service.
"To the Sheriff of the County of
"Somersett, and his Under Sheriff."
A Message was brought from the House of Commons,
by the Lord Grey of Groby:
Message from the H. C. about the Articles of Treason against Lord Kymbolton and others, which are published.
To let their Lordships know, that they find abroad,
under the Hand of (fn. *) the Clerk of this House, Articles
of High Treason and of other Misdemeanors against the
Lord Kymbolton, and Five of the Members of the House
of Commons; and they desire to know how those Articles came in this House.
The Articles were read.
Then the Messengers of the House of Commons were
called in; and told that these Articles were brought
into this House by Mr. Attorney General.
The Lord Keeper reported to the House, "That
he had waited on the King, and, according to their
Lordships Commands, he hath moved His Majesty
from both Houses, that He would be pleased to give
His Royal Assent to the Three Bills lately passed
both Houses; and likewise hath acquainted His Majesty with the Order made concerning the putting of
Sir Jo. Hotham into Hull, for the securing the Town
and the Magazine there; and His Majesty returns
The King's Answer about the Bill for pressing Mariners.
Adjournment of the Houses.
"1. Concerning the Bill for pressing of Mariners,
and concerning the Captives of Argiers, His Majesty is
content to pass His Royal Assent to them; for that
Purpose, He hath given Warrant for a Commission:
But for the Bill of giving Power to the Houses to
adjourn into London, His Majesty says, in regard
neither He nor any of His Counsel hath seen it, He
will take some Time to consider of it, before He resolve any (fn. †) Thing therein.
"2. For the Fears concerning Hull, His Majesty had
formerly considered the same, and hath already taken
special Care of the Security of that Place from the
The King's Answer touching Lord Kymbolton and the rest.
Likewise his Lordship reported, "That His Majesty
had commanded him to deliver this Answer to both
Houses, touching the Lord Kymbolton, and the Five
Members of the House of Commons:
"That His Majesty, taking Notice that some conceive
it disputable, whether this Proceeding against my
Lord Kymbolton, Mr. Hollis, Sir Arthur Haslerigg,
Mr. Pym, Mr. Hampden, and Mr. Stroude, be legal,
and agreeable to the Privileges of Parliament, and
being very desirous to give Satisfaction to all Men in
all Matters that may seem to have Relation to Privilege, is pleased to wave His former Proceedings;
and, all Doubts by this Means being settled, when
the Minds of Men are composed, His Majesty (fn. †) will
proceed thereupon in an unquestionable Way, and
assures His Parliament that, upon all Occasions, He
will be as careful of their Privileges as of His Life
and His Crown."
To be communicated to the H. C.
Ordered, That this Answer be communicated to
the House of Commons.
Lieutenant of The Tower at the Bar.
The Lieutenant of The Tower being come, was
brought to the Bar, as a Delinquent; and the Lord
Keeper, by Directions of this House, asked him why
he committed the high Contempt Yesterday, in refusing to attend both Houses of Parliament, according
to the Order served upon him.
His Answer about his Contempt.
Hereunto he answered, "That he was between His
Majesty's Command and their Lordships Order; but
he understanding since that the King's Command is
involved in their Lordships Order, and one in Effect,
he desired their Lordships Pardon for his not coming
Yesterday, professing he did it not out of any Disobedience or Contempt to the Parliament."
Message to the H. C. to acquaint them that the Lieutenant of The Tower is come.
This being done, he withdrew; and, because of the
Message Yesterday from the House of Commons, that
the Lieutenant of The Tower might be sent for to attend both Houses, their Lordships sent a Message to the
House of Commons, by Serjeant Whitfeild and Serjeant Glanvile, to let them (fn. *) know that the Lieutenant
of The Tower is come to attend the Parliament.
Order concerning the Bishops to put in their Answers.
Ordered, That the Twelve Bishops that are impeached of High Treason by the House of Commons
shall put in their Answers before the Lords in Parliament on Monday the 17th of this Instant January, unto
the said Charge; and that the Lieutenant of The
Tower shall safely bring those Bishops in The Tower
to this House, at the aforesaid Time appointed, at the
First Sitting of the House; and that Mr. Maxwell, the
Gentleman (fn. *) Usher, shall bring the Two Bishops that
are in his Custody at the same Time.
A Message was sent to the House of Commons, by
Sir Robert Rich and Mr. Page:
Message to the H. C. concerning the Bishops Answers and their Impeachment.
To let them know, that this House hath appointed
the Twelve Bishops to put in their Answers to the Impeachment of High Treason on Monday next.
A Message was brought from the House of Commons, by Sir John Hotham, Knight, to this Effect:
Message from the H. C. for the Ships of Arms from Dunkirk to be stayed by the Hollanders.
"That whereas lately the House of Commons informed their Lordships that Four Frigates went from
Dunkerk, laden with Ammunition, bound for the Relief of the Rebels of Ireland, and they desired their
Lordships would take some Course for the staying of
them; the House of Commons desires their Lordships
to send to The States Ambassador, to write Word
that The States Men of War that lie before Dunkerke, and upon the Coast of Flanders, may have
Order to make Stay of those Four Frigates, and also of
all other Ships, as well Irish as others, that are
suspected to be laden with Arms, Ammunition, or Provisions, either from Dunkerke or any other Part of
Flanders, which are bound for the Relief of the
Rebels of Ireland; and that all such Ships may be
brought into any of the Havens or Ports of this
This to be made known to The States Ambassador.
Ordered, That the Earl of Bath and the Earl of
Newporte do go to The States Ambassador, and move
him herein from both Houses of Parliament.
The Answer of this Message was:
Answer to the H. C.
That this House hath appointed Two Lords to go to
The States Ambassador, and move him as the House of
Money and Carriages for Munition &c. to Ireland.
The Earl of Newport signified to the House, "That
the Warrants for carrying Munition and Arms to
Chester, for the Service of Ireland, are ready; but
there is no Money nor Carriages to convey them;
which this House thought fit should be communicated to the House of Commons, that they may take
some Course herein."
Committee for Gunpowder.
Ordered, That the Committee concerning Gunpowder do meet on Saturday next, at Two a Clock in
the Afternoon, at which Time the Salt-petre Men and
the Officers of the Ordnance shall have Notice to attend
Mr. Attorney maintains the Charge against Lord Kymbolton and the rest.
After this, Mr. Attorney General was heard what
he could say, to justify that his charging in this House
the Lord Kymbolton and the Five Members of the House
of Commons, and the exhibiting the Articles of High
Treason against them, was in a Parliamentary Proceeding, and justified by Precedent, and that it was no
Breach of the Privilege of Parliament.
Mr. Attorney General first declared, "That, for the
Matter of the Charge, and the framing of the Articles, he had nothing to do with them, neither did
His Majesty advise with him therein; but the bringing of the Charge into this House, which he did by
His Majesty's Command, and only in Obedience thereunto: And for the Legality of this Proceeding, he
insisted upon, and opened at large, the whole Proceedings of the King's Attorney in the Earl of Bristoll's Case, 1° & 2°Caroli." Which being done, this
House appointed to take this Business into further Consideration To-morrow.
Lord Kymbolton desires his Trial, notwithstanding the King waves His Proceedings for this Time.
The Lord Kymbolton made it his humble Desire to
this House, "That, seeing the Message brought this
Day from the King intimates, that His Majesty will
wave His Proceedings against him and others of the
House of Commons for the Manner of it, until Men's
Minds be settled, that this House would become Suitors
to His Majesty with him, that he may be brought
to as speedy a Trial as may be, that so he may
not lie under this Accusation, but be cleared or
A Message was brought from the House of Commons, by Sir Phillip Stapleton, Knight:
Message from the H. C. for a Conference about the Impeachment of some of their Members.
To desire a Conference, by Committees of both
Houses, concerning the Impeachment of some Members
of the House of Commons. And the House of Commons desire that Mr. Attorney General may be commanded to attend that Conference; and that the Committee of Lords at this Conference may have Power to
propound such Questions unto him as shall be offered
by the Committee of the House of Commons; and that
Mr. Attorney be required to answer unto them.
Answer returned was:
That this House will give a present Meeting, as is
desired, in the Painted Chamber; and that Mr. Attorney General shall attend at the Conference, as they
Attorney General desires to be excused communicating his Instructions from the King.
Hereupon Mr. Attorney desired that he be excused
from answering to any Questions to discover what the
King hath communicated to him as secret Counsel, which
by his Oath he is bound not to reveal; but what concerns himself, he would willingly and ingenuously answer unto.
And it was the Sense of the House, that if Mr. Attorney, at the Conference, shall desire not to answer to
some Questions as may be asked him, this House will
take it into Consideration whether it be fit for him to
answer or not.
This House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Lieutenant of The Tower's Dismission.
Ordered, That the Lieutenant of The Tower shall
be dismissed of his Attendance for the present, until he
have further Order to attend this House.
Message from the H. C. with
A Message was brought from the House of Commons,
by Mr. Whitlocke:
That he was commanded to present to their Lordships a Declaration for putting the Kingdom into a
Posture of Defence; which having passed the House of
Commons, they desire their Lordships to join with them
herein, that it may be dispersed through the Kingdom;
which was read, as followeth: videlicet,
A Declaration for the Militia.
"Whereas the Papists, and other ill-affected Persons
within this Kingdom, both before and since this Parliament, by many wicked and traiterous Designs, mentioned in a Remonstrance of the State of this Kingdom, have plotted and laboured the Confusion of this
State and Government, the Subversion of the ancient
and fundamental Laws of the Kingdom, and a Division of the Body of this Commonwealth from the Head
thereof, to the End they might the better effect their
devilish and bloody Purposes, for the better Destruction of the true Reformed Religion, and the Professors of the same, and in further Pursuance of their
wicked Endeavours, have and daily do contrive all
possible Means to bring this Kingdom into the like
miserable Condition with that of Ireland, as doth
clearly appear to the Lords and Commons in this
present Parliament, by sundry Informations and Examinations produced before them; and the better to
bring the same to pass here, as they have already done
in Ireland, they secretly and cunningly work, to raise
Distractions in this Kingdom, by high Breaches of
the Privileges of Parliament; plotting to have some
of the Members thereof to be accused of High Treason, and some of them to be taken by Force out of
the House of Commons; and to that End reforting
in great Numbers, in a Warlike Manner, to the very
Door of the said House, armed with Swords, Pistols
and other Weapons, ready and intending to fall upon
the said House, and to have cut the Throats of the
Members there, as by divers Examinations clearly
appears, whereby this Parliament might have been
dissolved in Blood and Confusion, the Relief of the
Protestants in Ireland prevented, and an evident and
speedy Way opened to the Ruin of us and our Religion here in this Kingdom; but failing in their
Hopes therein, through the great Mercy of God towards us, nevertheless they still persist in their
wicked and traiterous Courses, confederating themselves with Strangers, and instigating Foreign Princes
to join their Counsels and Forces, and, by Invasion
from abroad, and intestine Wars here amongst ourselves, to waste the Wealth and Substance, and totally to annihilate the true Protestant Religion, and
the whole Frame of Government, in all His Majesty's
Dominions; and, building upon that Foundation,
great Numbers of Soldiers, Papists, and other disaffected Persons to our Existence and Well-being,
have inrolled themselves in a List, under the Command of Persons fit for the Execution of their wicked
Designs, and have made great Preparations of Arms,
Ammunition, and Victuals, in several Parts of the
Kingdom, where they have likewise had frequent
Assemblies, to consult how they might compass their
detestable Machinations; and, through malignant
Counsels, have prevailed so far as to have The Tower
of London, and other Places of eminent Strength and
Trust, to be put in the Hands of such Persons
as we have just Cause to suspect will adhere to
them, and turu the Strength of the Kingdom against
"All which the Lords and Commons in this
present Parliament assembled, as Watchmen trusted
for the Good and Welfare of the Kingdom, Church,
and State, having taken into their serious Consideration, and labouring by all fit Means to prevent
these great and threatening Dangers to His Majesty's Royal Person, and to our Religion, Lives,
Liberties, and Fortunes, have thought good to give
a timely Advertisement thereof to all His Majesty's
Subjects of the Reformed Protestant Religion;
declaring hereby that they hold it necessary, and
advising, that, with all Expedition, they put themselves into a good Posture of Defence, to provide
fit Arms and Ammunition, and be ready, upon all Occasions, to defend their several Counties from Domestic Insurrections or Foreign Invasions; and that
the Sheriffs, Justices of Peace, Mayors, and Head
Officers, within their several Limits, do take Care
that their Magazines of Powder, Arms, and other
Ammunition, be completely furnished; and that
they cause strong Guards and Watches to be set
in convenient Places, for the securing themselves,
and for the apprehending of such Persons whom they
shall have just Cause to suspect; and if, upon
Examination, any Grounds of Danger shall appear,
to give Notice thereof unto the Parliament; and
that all Officers take special Care, that no Soldiers, Arms, or Ammunition, be raised or levied,
nor any Castles, Forts, or Magazines delivered up,
without His Majesty's Authority signified by both
Houses of Parliament."
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Veneris,
videlicet, 14m diem instantis Januarii, hora 1a post
meridiem, Dominis sic decernentibus.