House of Lords Journal Volume 4
25 January 1642

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1767-1830

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'House of Lords Journal Volume 4: 25 January 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 533-537. URL: http://www.british-history.ac.uk/report.aspx?compid=35764 Date accessed: 18 September 2014.


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DIE (fn. *) Martis, videlicet, 25 die Januarii.

PRAYERS.

Nettervill and Colonel Butler, in Custody at Chester, to be sent up from Sheriff to Sheriff.

Upon reading of a Letter this Day presented to the House by the Lord Admiral, written to him from the Mayor of the City of Chester; it is Ordered, That Mr. Thomas Nethevill and Colonel Butler, being now in Custody at West Chester, upon Suspicion touching the present Rebellion in Ireland, and any others hereafter that shall be apprehended there in the like Kind, shall, by the Mayor and Sheriff of the County and City of Chester, be delivered over unto the Sheriff of the County Palatine of Chester, and so from Sheriff to Sheriff, until they shall be presented unto the Lords in Parliament; and that the several Sheriffs may defalk of their Accounts to the King such Charges as they shall be at in bringing up these Persons and all other Persons in the like Kind.

Lord Digby's Waggon stayed, Twenty-second January 1641.

The Gentleman-usher gave this House an Account of the staying of the Lord Digbie's Waggon, and delivered this Note following of such Things as were in the said Waggon when it was stayed:

"In the Bottom of the Waggon Four Trunks locked, of small Weight.

"Item, Thirty-eight Cases of Pistols.

"Item, Five great Saddles.

"Item, Twenty-five Padd Saddles.

"Item, Three small Barrels, which is conceived to be Powder and Bullets.

"Item, Two Swords.

"The Waggon being staid at Mere, a Gentleman came from Shurborne from the Earl of Bristoll's House, and did voluntarily cause the said Waggon to be set open, and the Things therein contained to be viewed.

"Isaack Thomas, Messenger.

"Ric. Greene,
Fran. Cradock,
Robt. Banister, Constable."

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

Ordered, That this Particular be communicated to the House of Commons, which was sent down presently, by Serjeant Whitfeild and Serjeant Fynch:

Appleton, etc. sent for, on the Earl of Warwick's Complaint.

Upon Complaint made to this House by the Earl of Warwick, against Captain Appleton, Edward Cherry, and Thomas Rand; it is Ordered, That they shall attend this House forthwith, to answer such Things as they shall be charged with; and that the Messenger that goes for them takes Care that none speak with them by the Way before they be brought to this House.

Hamond sent for, for printing a scandalous Pamphlet.

Information was given to this House, "That a scandalous and false Pamphlet was printed and published, of a supposed Treason at Sherborne, the Earl of Bristoll's House; and that the Printer's Name is John Hamond:" Hereupon it is Ordered, That the said John Hamond shall be presently sent for, to answer the same to this House.

Next this House took into Consideration the Scotts Propositions, and gave these Resolutions as follow: videlicet,

The Answer to the Scots Propositions.

"To the First Proposition: This House agrees with the House of Commons therein.

"To the Second Proposition: This House agrees with the House of Commons therein.

"To the Third Proposition: This House agrees (in regard of the Difficulty as will be now in raising Horses in Ulster, the Enemies having lately so much prevailed in that Province), that the English Commissioners do propound to the Scotts Commissioners, that they would either accept of a Sum of Money, and find themselves Horses, or else that the Horses might be raised for them here in this Kingdom.

"To the Fourth Proposition: This House agrees with the House of Commons therein.

"To the Fifth Proposition: This House agrees with the House of Commons, that this Alteration be made in this Article; videlicet, whereas it is said ["whereof they shall from Time to Time give them an Account"] that it be ["give an Account to the chief Governor of the Kingdom of Ireland for the Time being"]. Also this House agrees with the House of Commons, that these Three Propositions in this Article be referred to be new treated of: videlicet,

"1. Concerning such Towns and Places as shall be recovered from the Rebels by the Scotts Army to be at the disposing of the Scotts Commanders.

"2. Concerning the General of the Scotts Army being commanded by the English Commander in Chief.

"3. Concerning the Manner of their Marching, and the rest of that Article.

"To the Sixth Article: This House agrees with the House of Commons therein.

"To the Seventh Proposition: This House agrees with the House of Commons, that this Proposition be re-committed."

The Lords Commissioners are appointed to expedite this Treaty with the Scotts Commissioners.

Captain Chichester, and others, for defending Ulster, to be recommended for Reward.

Memorandum, That it be recommended by this House to the Irish Committee, and the English Commissioners to propound it to the Scotch Commissioners, That those Persons in Ulster, videlicet, Captain Arthur Chichester, and others, that have hitherto defended their Country, may be recommended to the Scotts Commissioners, and the Lord Lieutenant; and to this Purpose a Proposition to be drawn up.

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

Message from the H. C. about Two Thousand Five Hundred Scots,

"1. To desire their Lordships would send (fn. *) to the King, humbly to desire His Majesty will be pleased to give His Consent to the Propositions of the Scotts Commissioners, (fn. *) to which both Houses agreed Yesterday, concerning the sending over to Carrickfergus the Two Thousand Five Hundred presently.

and for delivering Carrickfergus to the Scots.

"2. That the King be moved, to give Warrant for delivering up the Town and Castle of Carrickfergus to the Scotts, according to the Treaty.

"3. To desire their Lordships would proceed in the rest of the Scotts Propositions."

The Answer hereunto returned was:

Answer.

That, concerning the First Part of the Message, their Lordships have already taken Order in it.

Concerning the Second Part, their Lordships will take speedy Order in it.

Touching the Third Part, their Lordships have already dispatched them.

Re-delivery of Carrickfergus to the English to be considered.

It was moved, "That some Articles may be agreed upon with the Scotts Commissioners, for the Re-delivery of the Town and Castle of Carrickfergus to the Crown of England, when the War is done."

Next, was read a Petition from the Mayor, Aldermen, and the rest of the Common Council of the City of London, in bæc verba: videlicet,

Petition of the Mayor, Aldermen, and Common Council of London, for relieving Ireland, disarming Papists, etc.

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

"The humble Petition and Certificate of the Mayor, Aldermen, and the rest of the Common Council of the City of London,

"Sheweth,

"That, in Obedience to an Order of this Honourable House, the Petitioners do humbly present a Certificate hereto annexed, importing, That the Continuance of Sir John Byron in the Office of Lieutenant of The Tower is the Cause of Forbearance of bringing Bullion to the Mint; and, because that divers other Forts and Strength of this Kingdom, by Land and Sea, are not placed in such Hands in whom the Parliament may confide (with which and no other this City, as the Petitioners humbly conceive, will rest satisfied), and such Supplies have not been timely sent unto Ireland with full Commissions, as were necessary to withstand and suppress the Power and Rage of the Rebels there; but that the Kingdom is in great Danger to be lost, and this Kingdom also very much prejudiced and hazarded thereby, and all this by reason of the many sad and ominous Obstructions of timely and wholesome Provisions of Parliament, so often desired against these growing Evils, which threaten the Destruction of all.

"That the Petitioners have already lent divers great Sums of Money, at the Request of your Lordships before the Parliament, and of the Parliament since the calling thereof, beyond all Precedent, for the Service of the King and Kingdom (a great Part whereof they were constrained to borrow, and cannot to this Day re-pay, by reason that they are not yet reimbursed of the said Monies); and now they are further importuned, by a Committee of the Honourable House of Commons, to lend an Hundred Thousand Pounds more, for the Supplies of Ireland, which they are neither able nor willing to do till they shall have received the Monies already lent, or that the Obstructions (which they shall speedily represent more at large to that Honourable House, by Way of Answer to their said last Request) be removed.

"Besides all which Pressures, under which they groan and languish, they cannot but represent further to your Lordships, that very many Thousands of Clothiers and Handicrafts-men, and their Families, who have their Dependance for their Livelihood upon this City, do daily more and more make sad Moans and lamentable Cries that they are no Way able any longer to subsist, because the Petitioners and others do not buy of their Wares as formerly they did; that the Petitioners cannot so do, till Trade be quickened by the speedy Relief of Ireland, till Papists be fully disarmed, and the Strength of the Kingdom by Land and Sea put into the Hands of such as the Parliament may confide in, through Want whereof the Trade of the Kingdom is fallen to so low an Ebb that the Petitioners are not able longer to proceed therein as formerly; which necessitated Forbearance of Trade and Scarcity of Money will (as they verily believe) in very short Time cast innumerable Multitudes of those poor Men into such a Depth of Poverty and Extremity as will enforce them upon some dangerous and desperate Attempts, not fit to be expressed, much less to be justified; which they have held it their Duty to intimate, and so to leave it to the Wisdom of this most Honourable House to consider and prevent.

"The Petitioners humbly pray, that there may be a speedy and effectual Course taken, for the relieving of bleeding Ireland, for removing all Distractions and Fears at Home, by disarming of Papists, by putting the Forts and Strength of this Kingdom by Land and Sea into safe Hands as the Parliament shall confide in, and by the speedy passing of Bills conceived by the House of Commons, and sent up to your Lordships, for the general Good of the King and Kingdom, whereby the former Course of Trade may be opened, and the Petitioners enabled and encouraged to take off the Wares, stop the Cries, and relieve the Miseries, of so many Thousands of poor People, that otherwise threaten too plainly the Transgression of their Duties, in such dangerous Ways as may disturb the Public Peace, and hazard the Honour and Safety of the King, Parliament, and Kingdom.

"And they shall daily pray, etc.

"Michel.

"Commune Concilium tentum in Camera Guihald Civitatis London, decimo nono die Januarii, post meridiem ejusdem diei, 1641, annoque Regni Regis Caroli Angliæ, etc. Decimo septimo.

Certificate that Sir Jo. Byron is the Cause of the Stay of Bullion from The Tower.

"The same Day was read here in Court an Order of the Lords in Parliament, of the Fifteenth of this January, "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 there be a Stay of the Mint, or a Forbearance of bringing in of (fn. *) Bullion into The Tower of London; and, if there be, whether it proceeds in respect of Sir John Byron's being Lieutenant of The Tower; and thereof a speedy Certificate to be made to the Lords in Parliament;" and, after Debate and Consideration had in this Court touching the same being put to the Question, this Court declared, That they are of Opinion, and are fully satisfied, that the Forbearance of bringing in of Bullion into The Tower is in regard Sir John Byron is Lieutenant of the same.

"Examinatur per Rob. Michel, Dep. Com. Cler. Civitatis London."

Thanks given to the Petitioners.

The Aldermen and Common Councilmen that presented this Petition and Certificate were commanded to withdraw; and the House, upon Consideration, having resolved what Answer to return, they were called in again; and the Lord Keeper, by the Direction of the House, gave them this Answer: "That their Lordships do give them Thanks for their Care of Ireland, and their speedy Advertisement concerning Trade; for the rest of their Petition, their Lordships will take it into a speedy Consideration."

Committee to put in Execution the Bill against Pirates.

Ordered, That these Lords following are appointed Committees, to put in Execution the Act lately passed, intituled, "An Act for the freeing of the Captives at Aligier; and to prevent the taking of others:" videlicet,

The Lord Admiral.
Comes Pembrooke.
Comes Warwicke.
Epus. London.
Epus. Winton.
Epus. Rochester.
Ds. Spencer.
Ds. Kymbolton.
Ds. Brooke.

Their Lordships, or any Two, to meet with the Committee of the House of Commons.

Thompson's Information of Arms sent to the Rebels in Ireland, from Nantz.

This House was informed, "That one Mr. Thompson, a Merchant, had Notice that there was lately a Ship sent from Nants, in France, laden with Arms for Twelve Thousand Men, bound for the Relief of the Rebels in Ireland:" Hereupon it is Ordered, That the said Mr. Thompson shall have Notice to attend this House To-morrow, to give Information herein.

The Earl of Salishbury signified to this House, "That some Gentlemen of Hartfordshire were without, with a Petition from the County, which they desired their Lordships Leave to present (fn. *) to the House:" It was Ordered they should be called in, which accordingly they were; and the Petition was commanded to be read in their Presence, in bæc verba: videlicet,

Hertfordshire Petition.

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

"The humble Petition of Knights, Gentlemen, Freeholders, and others, Inhabitants of the County of Hartford,

"Sheweth,

"That the Petitioners, having hitherto with much Patience waited for, and with great Confidence expected, the happy Progress of this Parliament, and therein the Removal of all those Grievances under which they have a long Time groaned, and the perfect Reformation of Church and Commonwealth, they are now constrained to represent unto this Honourable House the manifold Fears, Troubles, and Distractions, wherewith they are compassed, arising from that hellish and bloody Rebellion in Ireland, acted by the Papists against our Brethren by Nation and Religion, apparently threatening the Loss of that Kingdom, the Extirpation of the Protestant Religion there, and extreme Prejudice, if not utter Ruin, of this Kingdom, from the Want of timely and powerful Supplies to suppress these Rebels, the not granting of ample Commissions to those who have been ready to take up Arms against them, the not passing the Act for impressing Soldiers to that Service, and the Delays in Acceptance of the worthy Offer of the Scotch Nation to send Ten Thousand Soldiers thither, from the Continuance of the Prelacy and Multitudes of erroneous and scandalous Ministers in this Kingdom, the Insolency of the Papists, their being armed, the Want of Execution of Justice against Priests and Jesuits already condemned, and other notorious Delinquents; the many desperate Plots and Designs attempted against the Parliament and Kingdom by the Popish and Prelatical Party; the great and unparalleled Breaches lately made upon the Privileges of Parliament, endangering the Overthrow of the very Being thereof, and the Destruction of divers of its Members, worthy Patriots of their Country; the not Disclosing and Punishment of those Persons who counseled the same, the Unpreparedness of the Sea Forts, and other Strength of this Kingdom by Sea and Land, against any Invasion, and the Continuance of divers of them in unsafe Hands, wherein the Parliament (and in them the whole Kingdom) cannot confide; the Delay of putting the Kingdom into a Posture of War for their better Defence; the Misunderstanding between His Majesty and the Parliament, and the Want of Compliance by this Honourable House with the House of Commons, in entertaining those many good Motions, and passing those necessary Bills, presented to you from that House for the Common Good.

"All which Springs and Causes of the Petitioners Fears and Distractions having occasioned the total Decay of Trade, a great Scarcity of Money, and thereby the Impoverishing and Unsettlement of the whole Kingdom, and tending so exceedingly to the endangering of His Majesty's Honour and Dignity, and the Peace and Safety of this Kingdom; the Petitioners do verily believe that, as the same received their First Beings from the Popish and Prelatical Party, so have they hitherto been continued, and will (it is greatly to be feared) daily increase, by the voting of the Popish Lords and Bishops in this Honourable House (whose Interests, in respect of Religion, their own Standings, or otherwise, are at this Time so contrary to the Happiness of this Kingdom), and by the Continuance of wicked Counsellors, and evil Ministers of State about His Majesty:

"The Petitioners therefore humbly pray, that all the aforesaid Causes and Springs of their Fears and Troubles may be speedily removed; and (for the effecting thereof) that the evil Counsellors, and others hindering the Public Good, may be taken from about His Majesty, and the voting of the Popish Lords and Bishops removed out of this Honourable House; and that the Petitioners (who shall be ever ready to hazard their Lives and Estates for the Defence of the King and Parliament, the Privileges of the same, and in especial those Noble Lords and Gentlemen in both Houses whose Endeavours are for the public Good), may have Liberty to protest against all those, as Enemies to this Kingdom, who refuse to join with those Honourable Lords, and the House of Commons, for the putting of the Kingdom into a Way of Safety, under the Command of such Persons as the Parliament shall appoint.

"And the Petitioners shall ever pray, etc."

Thanks gives to the Petitioners.

Those that brought the Petition were commanded to withdraw, and the House took it into Consideration what Answer to give; which being resolved of, they were called in again; and the Lord Keeper, by the Directions of this House, told them, "That this House conceives they come hither with good Intentions and Affections to the King, Kingdom and Parliament, and gives them Thanks for the same. For their Petition this House will take it into Consideration speedily."

Protest against it.

Memorandum, The Earl of South'ton and the Lord Dunsemore dissented to this giving of Thanks, having Leave of the House so to do.

The Earl of Bedford signified to the House, "That some Gentlemen of the County of Devon, and likewise of the City of Exon, were without, ready to deliver Two several Petitions to their Lordships:" The House commanded them to be called in, who came, and presented the ensuing Petitions, which were read in their Presence: videlicet,

Devonshire Petition.

"To the Right Honourable the Lords now assembled in Parliament.

"The humble Petition of the Justices and Gentlemen of the County of Devon, at their General Sessions,

"Sheweth,

"That your Petitioners, observing to our Comfort your infinite Labours, and to our Sorrow your abounding Pressures and Incumbrances, and studying how we might possibly in our Degree contribute to your Help, the Complaints and Fears of the Countrymen herewith commended to the View of the Commons House have given us an Overture; charging us, by all the Intereit of our common Welfare and Danger, to represent to His Majesty and your Honours their present Distresses and expected Miseries. The Port Towns, as they are for the most Part the First Receivers of Foreign Intelligence, so are they sensible of Inconveniences occurring by the Proceedings of their Trade, Losses by Turkish Pirates, Crosses by the Irish Rebellion and London's Distractions; though first-felt, yet are these their least-feared Calamities; neither do the Flocks of poor Protestants coming from that Kingdom, robbed of their late good Fortunes, and now depending upon their Christian Charity, so much affright them with the Charge of their Relief, as for the threatening Messages they bring from their wolvish Enemies, that the Bounds of that Kingdom shall not limit their malicious Tyranny.

"To these, as your Honours may perceive by the Perusal (which we humbly pray you to afford), they add the Papists Plots by your Wisdom and Vigilancy already discovered, as certain Arguments of more intended, and ready for Execution; and all this they do with so much Probability conjecture to proceed from the Practices of the Popish Lords, and their constant Adherents in most of their Votes the Prelates, in the House of Peers, as your Petitioners concur with these our Neighbours in Opinion and Desires, That your Honours would vouchsafe to employ your Endeavours to our most Gracious King, to exclude Papists from His great Affairs, and His Prelates from Temporal Jurisdiction: By the Bearers hereof your Petitioners have presumed to make the like Tender to His Majesty's Royal Hand, being from thence confident of these happy Effects; instead of Distractions, Unity; for Remoras, Celerity; for Misunderstanding, Correspondency: And, by the Mercy of God upon His Church and People, and upon the best of Kings their supreme Governor, Prerogative and Privilege will kiss each other, when His Majesty shall think it His greatest Honour to grant your just Privilege, and you acknowledge it your best Privilege to enjoy the Benefit and Glory of His due and Princely Prerogative.

"For these and all other wished Felicities your Petitioners shall ever pray, etc."

Exeter Petition.

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

"The humble Petition of the Mayor, Aldermen, and Common Council of the City of Exeter,

"Humbly sheweth,

"That they have received late Petitions from the Commons of the said City and County, signed by very many Hands, wherein they present the great Decay and Deadness in the Trades of the said City, especially in the Manufactures of Serges or Perpetuanyet; as also the Distresses of our Brethren in Ireland, which (fn. *) Kingdom hath afforded great Relief and Trade to these Parts; and, in their said Petitions, do apprehend the Grounds of all to rise from the Distractions in the City of London, which, as they humbly conceive, are occasioned by the infringing of the Rights and Privileges of Parliament, and just Liberty of the Subject, and by the Oppositions and Hindrances which the Bishops and Popish Party have laid in the Way of the Proceedings of your Honourable Assembly; and do further shew, that (unless God by some speedy and timely Remedy do prevent it) this City and County are like greatly to be endangered, by reason of the Decay of the Commerce (with its inseparable Companion Poverty), which will, as they justly fear, stir up many Thousand Persons to insolent and outrageous Actions.

"They do therefore earnestly pray us to present the Premises to your Honours, with their great Fears and sensible Apprehensions that the Source of all doth spring from the Bishops, the Popish Party, and their Designs.

"We thought it our bounden Duty, humbly to prefer and present the same to your Honours accordingly, being very sensible of the said Grievances and Fears, and knowing that they cannot but inevitably occasion Ruin and Confusion to this City and County, unless God in His Mercy prevent it, by your honourable, wise, and speedy Endeavours.

"Wherefore we humbly pray your Honours to take these our Desires and humble Requests into your deep Considerations, that the true Protestant Religion may be still preserved, the Rights and Privileges of Parliament maintained, and the just Liberties of the Subject supported; and that the Popish Party may be disarmed (which, notwithstanding the former Laws and Orders, have been neglected); and that the Kingdom may be put into a Posture of Defence, and the Forts and Places of Strength may be committed to the Hands of trusty Persons; and that the Power of voting in Parliament may be taken from the Bishops and Popish Lords, and also the said Distresses of our afflicted Brethren in Ireland may thoroughly be taken to Heart, and speedily remedied.

"So may we expect the Happiness and Flourishing of this Kingdom, and shall have more and more Cause to bless God for His Majesty and your Honours.

"And (as Duty binds us) shall ever pray, etc."

Thanks given to the Petitioners.

After this, the Petitioners were commanded to withdraw, and the House took into Consideration what Answer to give; which being resolved of, they were called in again; and the Answer given them was, "That their Lordships give them Thanks for their good Affections to the King, Kingdom, and Parliament: For the Petition, their Lordships will take the same into speedy Consideration."

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

Message from the H. C. for a Conference about the Safety of the Kingdom.

To desire a Conference, by a Committee of both Houses, touching some great Matter that concerns the Safety of the Kingdom.

The Answer hereunto returned was:

Answer.

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

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and it is Ordered, That the Report of this Conference shall be made Tomorrow.

Sir Jo. Pennington to attend the H. C.

Ordered, That Sir Jo. Pennington, Knight, being sent for by this House, shall attend the House of Commons.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum (fn. *) continuandum esse usque in diem Mercurii, videlicet, 26m diem instantis Januarii, 1641, hora 1a post meridiem, Dominis sic decernentibus.

Footnotes

* Origin. Jovis.
* Bis in Originali.
* Deest in Originali.
* Origin. present it.
* Origin. a Kingdom.
* Deest in Originali.