House of Lords Journal Volume 4
13 January 1642

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1767-1830

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'House of Lords Journal Volume 4: 13 January 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 509-512. URL: http://www.british-history.ac.uk/report.aspx?compid=35758 Date accessed: 29 July 2014.


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Contents

DIE Jovis, videlicet, 13 die Januarii.
Lake versus Sir Thomas Lake and Lady Wylde. Witnesses therein to attend. Message from the H. C. with Three Orders of their House. Oxfordshire to be secured. Order against unlawful Assemblies. Order about the Sitting of the Common Council of London. Order about securing Portsmouth. James Hanham a Recusant's Arms to be seized by the Sheriff of Somersetshire. Message from the H. C. about the Articles of Treason against Lord Kymbolton and others, which are published. Answer. The King's Answer about the Bill for pressing Mariners. Adjournment of the Houses. About Hull. The King's Answer touching Lord Kymbolton and the rest. To be communicated to the H. C. Lieutenant of The Tower at the Bar. His Answer about his Contempt. Message to the H. C. to acquaint them that the Lieutenant of The Tower is come. Order concerning the Bishops to put in their Answers. Message to the H. C. concerning the Bishops Answers and their Impeachment. Message from the H. C. for the Ships of Arms from Dunkirk to be stayed by the Hollanders. This to be made known to The States Ambassador. Answer to the H. C. Money and Carriages for Munition &c. to Ireland. Committee for Gunpowder. Mr. Attorney maintains the Charge against Lord Kymbolton and the rest. Lord Kymbolton desires his Trial, notwithstanding the King waves His Proceedings for this Time. Message from the H. C. for a Conference about the Impeachment of some of their Members. Answer. Attorney General desires to be excused communicating his Instructions from the King. Lieutenant of The Tower's Dismission. Message from the H. C. with A Declaration for the Militia. Adjourn. Footnotes

DIE Jovis, videlicet, 13 die Januarii.

PRAYERS.

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: videlicet,

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.

Answer.

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 these Answers:

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.

About Hull.

"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 adjoining Papists."

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 Kingdom."

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 Commons desires.

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 the Lords.

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 judged."

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:

Answer.

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 desire.

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 itself.

"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."

Adjourn.

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.

Footnotes

* Origin. them.
* Origin. this.
Deest in Originali.
* Deest in Originali.
* Origin. them therein.
Deest in Originali.