House of Lords Journal Volume 4
15 January 1642

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 4: 15 January 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 514-518. URL: http://www.british-history.ac.uk/report.aspx?compid=35760 Date accessed: 02 August 2014.


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Contents

DIE Sabbati, videlicet, 15 die Januarii.
Lords who come after Prayers to pay to the Poor's Box. Lighter-men, &c. not to work on the Sabbath. Message from the H. C. to move the King for a Supply of Munition, &c. for Ireland. And for the Royal Assent to the Bill for adjourning the Parliament to another Place. Money and Ships wanted, to transport Munition, &c. to Ireland. Answer to the H. C. Message from the H. C. for a Conference about the Lieutenant of The Tower. Tumult at Kingston. Committee for taking Examinations in this Business. Answer to the H. C. Absent Lords excused. Conference about the Lieutenant of The Tower reported. Sir John Byron not confided in, and therefore no Coining there. Sir J. Conyers to be recommended for the Lieutenancy of The Tower. Merchants of Bullion, &c. to attend about this. Message from the H. C. for a Conference about some Propositions from the Scottish Commissioners for Ireland. Answer. Message to the King for the Royal Assent to the Bill for the Adjournment of the Parliament; and for Munition, &c. for Ulster. Message from the H. C. with an Act for Relief of Ireland; concerning 50,000 l. borrowed for Ireland; To move the King to empower Sir J. Hotham to secure Hull. And for the Lords to fit, P. M. Answer. Message to the H. C. for deferring the Propositions of the Scots Commissioners. Adjourn. Post meridiem. Ordinance for the Merchant Adventurers Loan of 50,000 l. Message to the H. C. that the Lords agree to the Ordinance; and about securing Hull. Commission to pass the Bill for Mariners, and the Bill against Pirates. Bills passed. Conference concerning the Tumults about Kingston and Windsor reported. Order to summon L. Digby to attend the House. Answer from the H. C. Act for Relief of Ireland. Conference about the Propositions of the Scots Commissioners reported. Resolutions of the H. C. upon them. 1 Article. 2 Article. 3 Article. 4 Article. 5 Article. 6 Article. 7 Article. Message from the H. C. for a Conference about the King's late Message to both Houses. Answer. Conference reported. Ld. Kymbolton, &c. impeached. How to be vindicated. That Impeachment a Breach of Privilege. Committee thereupon. Message to the H. C. for a Conference about the Breach of Privilege in this Matter. Adjourn. Footnotes

DIE Sabbati, videlicet, 15 die Januarii.

PRAYERS.

Lords who come after Prayers to pay to the Poor's Box.

Ordered, That the former Orders, for paying Money to the Poor's Box by those Lords that come after Prayers, shall be renewed and put into Execution.

Lighter-men, &c. not to work on the Sabbath.

Hodie 2a vice lecta est Billa, An Act to restrain Bargemen, Lightermen, and others, from labouring and working on the Lord's-day, commonly called Sunday.

Committed to these Lords following:

Comes Bathon.
Comes Bedford.
Comes Warwicke.
Comes Dover.
Epus. London.
Epus. Rochester.
Mr. Justice Crawley and
Mr. Justice Mallett,
Ds. de Grey.
Ds. Paget.
Ds. North.
Ds. St. Johns.
Ds. Seymour.

Assistants.

Their Lordships, or any Three of them, to meet on Wednesday next, in the Afternoon, at Two of the Clock, in the Painted Chamber.

A Message was brought from the House of Commons, by the (fn. *) Lord Faulkland:

Message from the H. C. to move the King for a Supply of Munition, &c. for Ireland.

To desire their Lordships to join with the House of Commons, to move His Majesty to grant a Warrant to the Master of the Ordnance, for delivering of a Thousand Muskets, Fifteen Hundred Swords, Ten Last of Powder, with a proportionable Quantity of Match and Bullet, Eighteen Partisans, Eight and Thirty Drums, Eight and Thirty Halberts, out of the Store at The Tower, for the Provision of Ulster; and likewise their Lordships would join to move His Majesty, that the Arms and the whole Magazine at Carlile may be transported into Ireland, for the Security of that Kingdom; and be received by Indenture by such as shall be appointed to that Service.

And for the Royal Assent to the Bill for adjourning the Parliament to another Place.

The House of Commons desired, That the King may be moved, that He would be pleased to give His Royal Assent to the Bill concerning the adjourning of the Parliament to another Place.

Ordered, That this House will join with the House of Commons in this whole Message.

Money and Ships wanted, to transport Munition, &c. to Ireland.

The Earl of Newport signified to this House, "That he hath already received Warrants from the King, to transport the aforesaid Arms and Ammunition for Ulster; only he wants Money and Shipping to convey them."

Answer to the H. C.

The Answer returned was:

That this House will join with the House of Commons, in all their Desires, in this Message.

A Message was brought from the House of Commons, by Sir William Litton, Knight:

Message from the H. C. for a Conference about the Lieutenant of The Tower.

To desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the Lieutenant of The Tower of London.

Tumult at Kingston.

2. To desire their Lordships would appoint a select Committee, to take the Examinations of such Witnesses as shall be produced by a Committee of the House of Commons, touching the late Tumults and unlawful Assemblies at Kingston-upon-Thames.

Upon this, the House appointed these Lords Committees following: videlicet,

Committee for taking Examinations in this Business.

The D. of Richmond.
L. Great Chamberlain.
L. Admiral.
Comes Bathon.
Comes Bedford.
Comes Pembrooke.
Comes Dorsett.
Comes Warwicke.
Comes Devon.
Comes Bristoll.
Comes Clare.
Comes Dover.
Epus. London.
Epus. Winton.
Epus. Rochester.
Ds. Mowbray.
Ds. Willoughby de Earsby.
Ds. Wentworth.
Ds. Wharton.
Ds. Pagett.
Ds. Spencer.
Ds. Kymbolton.
Ds. Robartes.
Ds. Pierpointe.
Ds. Craven.
Ds. Savill.
Ds. Dunsemore.

Their Lordships, or any Seven or more of them, to meet when and where they please.

Answer to the H. C.

The Answer returned to this Message was:

That this House hath appointed a select Committee of Lords, as the House of Commons have desired; and their Lordships will give a Conference presently, in the Painted Chamber.

Absent Lords excused.

Comes Rutland,
Episcopus Exon,
L. Viscount Campden,
Excused for being absent.

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 the Conference:

Conference about the Lieutenant of The Tower reported.

"That the House of Commons conceive The Tower of London to be a Place of that great Importance, that they do renew a former Motion, that their Lordships would join with them, humbly to petition the King, that the Lieutenant now in may be removed, and such a Person put in (fn. *) as the King, Parliament, and the City may confide in.

Sir John Byron not confided in,

"The Parliament confides not in Sir John Byron, because he hath been disobedient, and hath refused to come upon the Summons of both Houses of Parliament; not that they speak this as desiring it may be a Cause of Punishment upon him, but as a Ground of Distrust.

and therefore no Coining there.

"The City says, though the Lieutenant may be a worthy Gentleman otherwise, yet he is a Man unknown to them, which already causes ill Effects; for Merchants begin to take away their Bullion out of the Mint, and write Letters to their Factors to send no more; and at this present there is a Ship come laden very rich with Bullion, but the Owners do forbear to bring it into the Mint, because they cannot confide in the Lieutenant of The Tower.

Sir J. Conyers to be recommended for the Lieutenancy of The Tower.

"This concerns the City and Trade exceedingly, for it is a Charge to the City to maintain a Guard about The Tower; therefore the House of Commons desires their Lordships to join with them, in an humble Petition to His Majesty, that Sir John Byron, now Lieutenant of The Tower, may be removed, and that Sir John Conyers may be recommended to His Majesty for that Place."

Merchants of Bullion, &c. to attend about this.

Before the House would give any Resolution herein; Ordered, That the Common Council of the City of London, the Merchants that have Estates in Bullion, the Minters, and all others, shall be enquired of, whether (fn. †) there by a Stay of the Mint, or a Forbearance of bringing in of Bullion into The Tower of London; and, if there be, whether it proceeds in respect of Sir John Byron's being Lieutenant of the said Tower; and hereof speedy Certificate is to be made to the Lords in Parliament.

Message from the H. C. for a Conference about some Propositions from the Scottish Commissioners for Ireland.

A Message was brought from the House of Commons, by the Lord Grey de Groby:

To desire a present Conference, if it may stand with the Conveniency of this House, touching some Propositions received from the Scots Commissioners concerning Ireland.

And it was Resolved upon the Question, That this (fn. †) House will go to this Conference presently.

Answer.

The Messengers were called in, and Answer was given as aforesaid.

Message to the King for the Royal Assent to the Bill for the Adjournment of the Parliament;

and for Munition, &c. for Ulster.

Ordered, That the Lord Duke of Richmond do move the King, from both Houses, that He will be pleased to appoint a Time when He will give His Royal Assent to the Bill concerning the Adjournment of the Parliament to another Place; and likewise that His Majesty will give Warrant to the Earl of Newport, Master of the Ordinance, for issuing out and transporting of Arms and Ammunition for the Province of Ulster, according to the Desire of the House of Commons this Day.

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

Message from the H. C. with an Act for Relief of Ireland;

"1. He was commanded by the House of Commons to present to their Lordships a Bill, which passed them, intituled, An Act for a speedy Contribution and Loan, towards the Relief of His Majesty's distressed Subjects of the Kingdom of Ireland.

concerning 50,000 l. borrowed for Ireland;

"2. The House of Commons desires their Lordships to join with them in an Ordinance of Parliament, concerning the securing of Fifty Thousand Pounds, borrowed of the Merchants Adventurers, for the Affairs of Ireland.

To move the King to empower Sir J. Hotham to secure Hull.

"3. That the King might be moved to concur with both Houses, in the Order, made concerning the giving Power to Sir John Hotham, for securing the Town of Hull and the Magazine there, for His Majesty's Service.

And for the Lords to fit, P. M.

"4. The House of Commons desires, in regard of the great Occasions of the Affairs of the Kingdom, their Lordships would be pleased to sit this Afternoon as a House."

Answer.

The Answer returned unto this Message was:

That this House will sit this Afternoon, at Three of the Clock; and their Lordships will take the other Particulars of this Message into Consideration this Afternoon.

Message to the H. C. for deferring the Propositions of the Scots Commissioners.

A Message was sent to the House of Commons, by Mr. Page and Doctor Bennett:

To desire that the Conference concerning the Propositions of the Scotts Commissioners may be put off until this Afternoon, at Three of the Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Ordinance for the Merchant Adventurers Loan of 50,000 l.

The Ordinance of Parliament, brought up from the House of Commons this Morning, was read, in hæc verba:

"The Lords and Commons, in this present Parliament assembled, having a due Regard to the good Affections of the Governor, Assistants, and Fellowship of Merchant Adventurers of England, expressed in the present advancing and lending of Thirty Thousand Pounds of lawful Money, and Forwardness to advance and lend the further Sum of Twenty Thousand Pounds more of like Money (if their Affairs will admit the same), for the Service of this Commonwealth, in the Supply of the present Affairs in Ireland, which the said Lords and Commons do take in very good Part; and being resolved to make a full and just Satisfaction for the same; do hereby declare, That the said Sum of Thirty Thousand Pounds, and such Sum and Sums as they shall further advance and lend as aforesaid, shall be fully satisfied and paid unto the said Company of Merchants Adventurers, into the Hands of their Treasurer for the Time being, with Interest after the Rate of Eight Pounds per Centum for a Year, out of such Monies as shall be next raised by Authority of Parliament."

Ordered, That this House agrees with the House of Commons in the aforesaid Ordinance, and orders the same accordingly.

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

Message to the H. C. that the Lords agree to the Ordinance; and about securing Hull.

To let them know, that this House agrees with the House of Commons in the Ordinance of Parliament for the Security of the Fifty Thousand Pounds borrowed of the Merchant Adventurers; and that this House will give Order that the King be moved concerning the Order made touching the securing of the Magazine and Town of Hull.

Commission to pass the Bill for Mariners, and the Bill against Pirates.

The Lord Keeper informed this House, "That the Commission was come, signed by His Majesty, for giving the Royal Assent to Two Bills, one for pressing of Mariners, and the other against Pirates."

Then the Lord Keeper, the Lord Great Chamberlain, and the Earl of Cumberland, Three of the Commissioners, being set upon a Form set across this House, between the Chair of State and the Lord Keeper's Wool-sack, the Gentleman of the Black Rod was commanded to go for the House of Commons, who being come with their Speaker, the Lord Keeper acquainted the Lords and Commons, "That His Majesty, having such Occasions as He could not come to this House, and give His Royal Assent to these Two Bills in Person, hath given a Commission, under the Great Seal of England," the Contents whereof was read openly; which being done, the Clerk of the Crown was commanded to read the Titles of the Bills severally, in hæc verba: videlicet,

Bills passed.

An Act for the freeing of the Captives at Algier; and to prevent the taking of others.

An Act for pressing of Mariners and Sailors, for the present Guarding of the Seas, and the Defence of His Majesty's Dominions.

Which being done, the Clerk of the Parliament pronounced the Royal Assent to them particularly and severally, in these Words:

"Le Roy le veult."

And then the House of Commons went to their own House.

After this, the Lord Keeper (fn. *) reported the Conference Yesterday, to this Effect:

Conference concerning the Tumults about Kingston and Windsor reported.

"That the House of Commons have received Information concerning divers Forces, of Horses and armed Men, in a Warlike (fn. *) Manner, which have been seen at Kingston, and afterwards at Windsor, and now gone towards Farneham; and that Yesterday above One Hundred Men were met, going from London towards Windsor, armed with Pistols; and Waggons were going towards Windsor, laden with Ammunition. The House of Commons say, This causeth much Wonder at this Time, all at Peace, and a Parliament sitting, that such Forces should be levied: Therefore they desire that it may be declared by both Houses, whosoever shall raise Forces at this Time, without Consent in Parliament, may be esteemed Enemies and Disturbers of the Peace of the Kingdom; and that both Houses will take Care to suppress them. And likewise the House of Commons desires, that a Message be sent to the King to this Purpose, and to acquaint His Majesty, That both Houses of Parliament will be very careful of the public Peace; and that they hold it against the Law, any such Forces should be so levied. And further the House of Commons acquainted their Lordships, That the Lord Digby hath been with the Soldiers at Kingston, and given them Thanks in the King's Name, and told them that His Majesty came out of London to keep them from being trampled in the Dirt: Therefore they desire that the Lord George Digby may be summoned to attend this House forthwith."

Order to summon L. Digby to attend the House.

Hereupon it is Ordered, That the Lord George Digby shall be summoned forthwith to attend this House, as a Peer of this Realm; and hereof he is not to fail.

Directed "To the Gentleman Usher attending this House."

The Messengers that were sent to the House of Commons return with this Answer:

Answer from the H. C.

That they have delivered their Message, as they were commanded.

Act for Relief of Ireland.

Hodie 1a vice lecta est Billa, An Act for a speedy Contribution and Loan, towards the Relief of His Majesty's distressed Subjects of the Kingdom of Ireland.

Conference about the Propositions of the Scots Commissioners reported.

Then this House was adjourned during Pleasure, and the Lords went to the Conference with the House of Commons, appointed this Morning; which being ended, the House was resumed; and the Lord Keeper reported the Effect of the Conference: "That the English Commissioners having received several Propositions from the Scotts Commissioners, dated the 27th December last, touching the sending of Men out of Scotland into Ireland, the House of Commons have considered of them, and have given these Answers following to them, which they offer (fn. *) to their Lordships Wisdom and Consideration: videlicet,

Resolutions of the H. C. upon them.

"Die Jovis, 30 Dec. 1641.

"Resolved, upon the Question,

1 Article.

"That this House is of Opinion, That the Towns and Castles of Carrickfergus and Colerayne shall be put into the Hands of the Scotts, to be Places for their Retreat, Magazines, and Garrisons.

"And that those Towns and Castles shall remain in the Scotts Hands until the Wars shall end, or that they shall be discharged of that Service.

"This House holds it fit likewise to accept of the Public Faith of the Kingdom of Scotland for the Redelivery of the said Castle and Towns; and that the Kingdom of England shall give Public Faith for the Payment of all Dues that shall arise upon this present Service.

"Resolved, upon the Question,

2 Article.

"That, for the Provision of Victuals for the Scotts Army, Money shall be advanced out of their Pay, to enable them to make that Provision, which they may make out of any Parts of England and Wales to their best Advantages; and that, to transport it, they shall have the same Assistance for providing of Shipping from the State, that the English Army hath; and that His Majesty shall be moved to grant His Licence for the Transportation thereof Custom free (Caution being given that, under Colour of such Provisions, Victuals be not carried to the Rebels). And, if this Proposition be not accepted, then the like Provision shall be made for them as shall be made for the English Army. The rest of the Article is assented to.

"Resolved, upon the Question,

3 Article.

"That this House holds it fit to assent to the Scotts Third Proposition; and that Power shall be given to the General there, to raise Horses for the Service expressed in the Article, at the public Charge of that Kingdom, as they shall have Occasion to use them.

"Resolved, upon the Question,

4 Article.

"That this (fn. *) House holds it fit to assent unto the Scotts Fourth Proposition.

"Resolved, upon the Question,

5 Article.

"That the Scotts shall go in the Way and Order of an Army, under their own General and Subaltern Officers, which General shall have the same Pay that the Scotts allowed when they employed one themselves; and that they shall have the Province of Ulster appointed, wherein they shall first prosecute the War. And to that Part of the Article concerning Power to give Conditions to Towns, Castles, etc. as shall be most expedient for the Service, it is assented to, but not to grant any Toleration for the Popish Religion. To be treated on again that their whole Army should be commanded out of their Circle by the Lord Lieutenant of Ireland, if he shall think fit, before the Rebellion be totally suppressed in Ulster; as also that a Third Part of their Army may be drawn away upon Occasion.

Resolved, upon the Question,

6 Article.

"That the Scotts shall be entertained and paid for Three Months, and that they shall have a Month's Pay advanced before-hand, and shall be afterwards paid as the English Army is. And it is Resolved, That this shall be the Answer to the First Part of the Sixth Article; and to the rest of this Article, this House doth assent unto.

"Resolved, upon the Question,

7 Article.

"That the Seventh Article shall be re-committed."

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

Message from the H. C. for a Conference about the King's late Message to both Houses.

To desire a Conference, by a Committee of both Houses, touching the Message brought from the King lately, and delivered to both Houses.

The Answer returned was:

Answer.

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

Conference reported.

Then 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: videlicet,

Ld. Kymbolton, &c. impeached.

"That their Lordships having communicated certain Papers to them, containing divers Messages, concerning the Impeachment of Five Members of the House of Commons, and having taken it into serious Consideration, have Resolved, upon the Question, That the Impeachment made by Mr. Attorney in this House, against the Five Members of the House of Commons, and the Proceedings thereupon, is a high Breach of the Privilege of Parliament.

How to be vindicated.

"The House of Commons thinks it fit to acquaint their Lordships with this Vote; and that they have Ordered a Committee shall be named, to consider in what Manner this Breach of Privilege may be vindicated. And the House of Commons desire that, in regard the Lords are concerned in this Business as well as the House of Commons, their Lordships would do the like; and that the Committees of both Houses may meet, to consider of this Breach of Privileges and the King's Messages.

"And the House of Commons say, they have not yet nominated their Committee, until they hear how many their Lordships have nominated; and then they will appoint a proportionable Number.

"They further desire their Lordships to join with them in an humble Petition to His Majesty, that those that did inform His Majesty against the Members mentioned in the Messages from His Majesty may come in between this (fn. *) and next Thursday, to charge them; or else that they may be freed in such a Way as the Parliament shall think fit."

Hereupon the House, taking this Message into Consisideration, made this Vote: videlicet,

Resolved, upon the Question,

That Impeachment a Breach of Privilege.

That the Impeachment made by Mr. Attorney, in the House of Peers, against the Lord Kymbolton, and the Five Members of the House of Commons, and the Proceedings thereupon, is a High Breach of the Privileges of Parliament.

Committee thereupon.

And these Lords following were appointed Committees, to meet with a proportionable Number of the House of Commons, to consider in what Manner this Breach of Privilege may be vindicated, by Mr. Attorney's Impeachment of the Lord Kymbolton, and the Five Members of the House of Commons, and the Proceedings thereupon; and likewise to consider of and prepare a Draught of a Petition, to be presented to His Majesty, etc.

The Names of the Lords Committees were:

The D. of Richmond.
The L. Great Chamberlain.
L. Chamberlain.
Comes Pembrooke.
Comes Leycester.
Comes Warwicke.
Comes Cambridge.
Comes Bristoll.
Comes Holland.
L. Viscount Say & Seale.
Epus. London.
Epus. Winton.
Ds. Mowbray.
Ds. Wentworth.
Ds. North.
Ds. Wharton.
Ds. Spencer.
Ds. Brooke.
Ds. Newneham.
Ds. Robartes.
Ds. Pierpointe.
Ds. Seymour.

Their Lordships, or any Five, to meet on Monday next, and afterwards at any Time and Place their Lordships shall appoint.

A Message was sent to the House of Commons, by Mr. Page and Dr. Bennett:

Message to the H. C. for a Conference about the Breach of Privilege in this Matter.

To let them know, that this House hath appointed a Committee of One and Twenty Lords, to meet with a proportionable Number of the House of Commons, on Monday next, to consider of vindicating the Breach of the Privileges of Parliament, etc.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 17m diem instantis Januarii, hora 1a post meridiem, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Origin. and as.
Deest in Originali.
* Deest in Originali.
* Deest in Origin.
* Deest in Origin.