House of Lords Journal Volume 4: 27 January 1642

Die Jovis, videlicet, 27 die Januarii.

Prayers.

Message from the H. C. for Witnesses to be examined concerning the Bishops.

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

"1. To let their Lordships know, that the Interrogatories concerning the Bishops are now ready; and the House of Commons desire that the Earl of Dover and the Bishop of London may be examined by the Lords Committees, at such Time as their Lordships please to appoint.

O Neale is examined.

"2. The House of Commons do let their Lordships know, that the Examination of Daniell O Neale is dispatched; therefore they desire their Lordships would take off the Restraint last laid upon him.

And for a Conference concerning the Scots Articles.

"3. The House of Commons desires a Conference, by a Committee of both Houses, concerning the Scotts Articles."

Orders thereupon.

Ordered, That the Restraint shall be taken off from Mr. O Neale, in the Gatehouse; and that the Lords Committees do presently examine the Earl of Dover and the Bishop of London, concerning the Bishops Cause; and that this House give a present Conference, as is desired, in the Painted Chamber.

Answer to the H. C.

The Answer returned to the House of Commons was:

"1. That the Restraint is taken off from Mr. O Neale.

"2. That the Lords Committees will be ready to examine Witnesses, concerning the Twelve Bishops impeached by the House of Commons.

"3. That this House will give the House of Commons a present Meeting, in the Painted Chamber, as is desired."

Message to the H. C. with the King's last Answer.

A Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Fynch:

To deliver to the House of Commons the King's Answer, sent Yesterday, concerning the Scotts Propositions.

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, as followeth:

Alterations in the Propositions of the Scots Commissioners by H. C.

"That the House of Commons have considered of the Resolutions to the Propositions of the Scotts Commissioners, touching the Affairs of Ireland; and they, finding some Difference, have made certain Alterations, which they offer to their Lordships Consideration.

"They desire that these Words ["to the King and Parliament"] may be inserted in the Answer to the Fifth Proposition. And for Answer to the other Propositions in the Fifth Article, the House of Commons adhere to their former Resolutions therein.

"To all the rest of the Resolutions the House of Commons do agree with their Lordships."

This House agrees to the Alterations.

Ordered, That this House agrees with the House of Commons in the Alterations and Resolutions to the Scotts Commissioners Propositions, now brought up from the House of Commons, which were now read, in hæc verba: videlicet,

The Answer of the Lords to the Scots Seven Propositions.

"The Resolutions of the Lords in Parliament to the Seven Propositions of the Scotts Commissioners, concerning sending of Men out of Scotland, for the Service of Ireland.

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

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

"3. To the Third Proposition: This House agrees that the English Commissioners do propound to the Scotts Commissioners, that they would either accept of a certain Sum of Money, and find themselves Horses, or else that the Horses might be raised for them here in this Kingdom, in case Horses cannot be raised in Ireland.

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

"5. 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 King and Parliament, and to the Chief Governor of the Kingdom of Ireland for the Time being"]. Also this House agrees with the House of Commons, 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 (fn. 1) fit, before the Rebellion be totally suppressed in Ulster; as also that a Third Part of their Army may be drawn away upon Occasion.

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

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

The Second Part of this Report was, "To let their Lordships know, that the House of Commons have taken into their Consideration the miserable Estate of the King's good Subjects in the Kingdom of Ireland; and, for their Relief, have drawn up an Order, in the Name of both Houses of Parliament; and they desire their Lordships to join with them therein. The said Order was read, in hæc verba: videlicet,

Order concerning Provisions to be carried to Ireland.

"Whereas His Majesty's Liege People of the Kingdom of Ireland have been much infested, through the violent Outrages and Oppressions committed on them by the traiterous Practices of the Popish Inhabitants within that Kingdom, whereby they are rendered incapable of relieving either themselves or others, and are exposed to extreme Want, even of those Things which are most necessary for Sustentation of Life; for Remedy whereof, and that His Majesty's Forces already sent, and hereafter to be transported thither, may not be exposed to any Extremity, through Want of Victuals, or other necessary Provisions; it is Ordered, by the Lords and Commons in this present Parliament, That whoseever, either Merchants or others, shall bring into any of the Ports of Dublin, Carrickfergus, Youghall, or Londonderry, any Proposition of good and wholesome Corn, Meal, or other Victuals, or any other Provision necessary for their Sustenance, and deliver the same unto the Victualers appointed for those several Ports, at such Rates as he or they shall agree upon, and shall bring Certificates, under the Hand and Seal of the said Victualer, and Treasurer, or Vice-Treasurer, or whomsoever he shall appoint therein, in the said several Ports, of the certain Sums agreed upon to be received for the same; that, upon Delivery of such Certificates unto those Officers as shall be assigned thereunto here in London, the Seller of the said Victual or other Propositions, or his Assigns, shall receive certain and full Payment of such Sum or Sums of Money, out of the Chamber of London, as shall appear due upon such Certificate, within Thirty Days after the producing the same; provided always, that the Money to be so paid here, or such Certificate for the Victual and Provision aforesaid, shall not exceed in the Port of Dublin Ten Thousand Pounds, in the Port of Carrickfergus Fifteen Thousand Pounds, in the Port of Younghall Five Thousand Pounds, in the Port of Londonderry Five Thousand Pounds, until the Lords and Commons in this present Parliament shall give further Order herein, for the further victualing of these Ports, after such Provision of Victual brought into those Ports, and satisfied for, as is directed by this Ordinance of Parliament; and the Houses of Parliament are of Opinion, and do declare, That, if any Person whatsoever shall lend or supply, or cause to be sent or supplied, to the Rebels in Ireland, or any of them, any Corn, Victuals, Powder, Ammunition, Arms, or other Provision, for or towards the Assistance or Support of the Rebels, or any of them, such Person is thereby guilty of High Treason, and forfeits his Life and Estate."

Ordered, That this House agrees with the House of Commons in this Order, and Orders the same accordingly.

Witnesses sworn in the Cause of the Twelve Bishops.

The Earl of Dover and the Bishop of London were sworn, and are to be examined by the Lords Committees, concerning the Twelve Bishops that are impeached by the House of Commons.

Concerning the King's Answer touching Carrickfergus.

After this, the House took into Consideration the King's Answer concerning Carrickfergus; and, after a long Debate, a Committee was appointed, to consider of His Majesty's Answer to the Third Proposition of the Scotts Commissioners, concerning Carrickfergus, and what is fit to be done thereupon; and likewise to have Power to use all fit Means to make a Discovery of the Persons who advised the giving of that Answer.

Committee to know who advised the King so.

The Names of the Lords Committees were these: videlicet,

Their Lordships, or any Four, to meet at Eight of the Clock To-morrow Morning, and when else and where they please.

The House further made this Resolution following:

The Advisers declared Enemies to the King and State.

Resolved, upon the Question, That those Persons who gave the King the Advice to give the Answer which He hath sent to the Third Proposition of the Scotts Commissioners, concerning Carrickfergus, are hereby declared to be Enemies to the King, and both Kingdoms of England and Ireland.

Ordered, That the Number of the aforesaid Committee, and the Resolution, be communicated to the House of Commons.

The Earl of Newport reported to this House the Queen's Answer to the Message presented to Her from both Houses; which was read, in hæc verba: videlicet,

The Queen's Answer to the Message from both Houses.

"The Queen having received a Message from both Houses of Parliament, by the Earl of Newport and the Lord Seymour, intimating unto Her, that She had been told, that the House of Commons had an Intention to accuse Her of High Treason, and that Articles to that Purpose had been shewn unto Her, returns this Answer, That there was a general Report of an Accusation intended against Her; but She never saw any Articles in Writing; and having no certain Author, either for the one or the other, she gave little Credit thereunto, and much less now, being assured from the House of Commons, that never any such Thing came into their Thoughts; nor will She believe they would lay any Aspersion upon Her, who hath ever been very unapt so far to misconstrue the Actions of any one Peer, and much more the Proceedings of Parliament, and shall, at all Times, with a happy Understanding between the King and His People."

Ordered, That this be communicated to the House of Commons.

After this, the Lord Craven presented to this House his Answer, touching the Words he is charged to speak of a Member of the House of Commons: videlicet,

Lord Craven's Answer concerning some Words he spoke of Mr. Fines.

"Upon better Recollection of myself, I do confess and acknowledge to have been mistaken, in reporting what was delivered me upon Discourse from some Member of the House of Commons, and am most heartily sorry for it; beseeching with all Humility the Pardon of the Honourable House of Commons for that my great Mistake."

To be communicated to the H. C.

Ordered, That this Answer be communicated to the House of Commons.

A Message was sent down to the House of Commons, by Serjeant Whitfeilde and Serjeant Fynch:

Message to the H. C. to join in a Committee about the King's Answer.

"To acquaint the House of Commons, that this House hath appointed a select Committee of Seventeen Lords, to take into Consideration the King's Answer concerning Carrickfergus, and to desire the House of Commons would appoint a proportionable Number of their House to join with their Lordships; and that the Lords Committees are appointed to meet To-morrow Morning, at Eight a Clock, in the Painted Chamber."

Carrickfergus.

"2. To acquaint the House of Commons with the Vote concerning Carrickfergus, and to desire the House of Commons to join with this House therein.

The Queen's Answer, and Ld. Craven's Answer.

"3. To acquaint them with the Queen's Answer.

"4. To acquaint them with the Lord Craven's Answer."

Bill for pressing Soldiers for Ireland.

Next the House was adjourned into a Committee during Pleasure, to debate the Bill for pressing of Soldiers for Ireland:

And the Lord Keeper,
The Lord Privy Seal,
The Lord Robartes, and
The Lord Wharton,

Were appointed to peruse the Amendments in the Bill, and report the same to the House.

The House was resumed; and it is Ordered, That this Bill shall be further debated To-morrow.

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

House of Commons agreee to the Vote, and have appointed a Committee.

That (fn. 2) they have delivered the Papers to the House of Commons, as they were commanded; and the House of Commons do agree with their Lordships in the Vote made this Day, concerning the King's Answer to the Third Proposition, touching Carrickfergus; also that the House of Commons have appointed a Committee of a proportionable Number to meet with the Lords Committees To-morrow Morning, in the Painted Chamber, at Eight a Clock.

Goulding and King's Recruits for the Low Countries.

Ordered, That Emanuell Goulding and Thomas King shall be permitted to entertain, and transport (by virtue of this Order) into The Low Countries, for the Supply and Recruiting of the Company of Lieutenant Colonel Hollis, for the Service of The States of the United Provinces, the Number of Sixty Men Voluntiers, by way of Recruits, according to former Liberty (fn. 3) granted by His Majesty.

Capt. Essex's Ditto.

The like for Forty Men to Captain Essex, by his Ensign Warneporte.

Capt. Wild's.

The like for Thirty Men, to Captain Henry Wild, by Richard Mathewes, Serjeant.

Windsor Forest in the Bailiswick of Surrey.

Ordered, etc. That the Officers and Keepers of that Part of His Majesty's Forest of Windsor that lieth within the Bailifwick of Surrey shall take special Care to preserve His Majesty's Deer in that Part of the Forest, until it be determined whether the Bounds of that Part of the Forest be rightly set out according to the late Act of Parliament; and that the Sheriff and the Justices of Peace within that County do take Care to repress all Riots or unlawful Hunting of the Deer there; and that the Earl of Holland, upon Information, do send up the chief Actors in the Spoil of the Game there to this House, to receive such Order as shall be thought fit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 28^m diem instantis Januarii, hora 9^a Aurora, Dominis sic decernentibus.