DIE Veneris, videlicet, 28 die Januarii.
The King's Message about the Third Article of the Scots Commissioners.
The Lord Keeper signified to this House, "That he
hath received a Letter from the King, wherein there
is a Message inclosed, which he is commanded to acquaint both Houses of Parliament with." Hereupon
the House commanded the Letter and Message to be read,
"To Our Right Trusty and Right Well-beloved
Counsellor, Edward Lord Littleton, Lord Keeper of
Our Great Seal of England.
"Right Trusty and Right Well-beloved Counsellor,
We greet you well. We have here inclosed now sent
Our further and full Answer to the Third Article presented by the Scotts Commissioners, concerning these
auxiliary Forces to be sent out of Scotland into Our
Kingdom of Ireland, which Our Will and Pleasure is,
that you forthwith deliver to be read in Parliament;
for the which this shall be your Warrant. Given at
Our Court at Windsor, the 27th of January, 1641.
"After that His Majesty had Yesterday sent His
Opinion concerning the Articles which the Scotts Commissioners gave in, touching the present Supplies to be
sent for Ireland, they themselves waited on Him,
their chief Errand being the self-same Business.
Whereupon His Majesty thought it fit to persuade
them as much as He could to alter that Third Article,
because He conceived it might be a Prejudice to the
Crown of England, the Particulars whereof were too
long to relate; their only Argument that weighs with
Him being, that (since it was agreed upon by both
Houses of Parliament, and that the Strength of His
Majesty's Argument was, that that Article implied
too great a Trust for auxiliary Forces) they were in
good Hope that His Majesty, being their Native King,
would not shew less Trust in them than in their neighbour Nation; so that the Question being merely of
Trust, and that both Houses of Parliament have
thought fit to grant it (though His Majesty could with
that that Third Article were drawn more for the Advantage of the Crown of England than He conceives
it is), His Majesty cannot but wholly admit of the
Advice of His Parliament in this Particular, especially since His Majesty perceives that insisting upon
the same would breed a great Delay in the necessary
Supply of His Kingdom of Ireland."
Witnesses against the Twelve Bishops.
Ordered, That the Lords Committees do meet at
the Rising of this House this Afternoon, to examine
Witnesses concerning the Twelve Bishops that are accused of High Treason by the House of Commons.
Gen. Skippon's Order.
The Order concerning Captain Major General Skippon,
which is approved of by this House, is to be sent down
to the House of Commons by the next Messengers
A Message was sent to the House of Commons, by Sir
Edward Leech and Dr. Bennett:
Message to the H. C. with the King's Message concerning Carrickfergus, &c.
"1. To deliver a Copy of the King's Message sent
this Day, concerning Carrickfergus.
"2. To let them know, that the House hath appointed the Lords Committees to meet this Afternoon,
to examine the Witnesses concerning the Bishops.
"3. To deliver unto them the Order concerning
Captain Major General Skippon, which this House
hath approved of."
Thomas versus Saul.
Ordered, etc. That Thomas Saule and others, appearing in the Business of Samuell Thomas, complaining
against them, shall have Liberty to return into the
Country, they entering into Bond of One Hundred
Pounds a-piece, each for himself, to appear within Fourteen Days after they shall be served with an Order of this
House for their Appearance before the Lords in Parliament, to answer the said Complaint.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem
hujus instantis diei, hora 2a, Dominis sic decernentibus.
Petition of the County of Salop to be considered.
The Petition of the County of Salop was read, and
Ordered to be considered of amongst the rest of the
Ordered, That the Earl of Leycester, Lord Lieutenant of Ireland, be added to the Committee to consider
of the King's Answer to the Third Proposition of the
Scotts Commissioners concerning Carrickfergus.
A Message was brought from the House of Commons,
by John Hampden, Esquire:
Message from the H. C. about Examinations of Poole, &c.
"To inform their Lordships of a Letter, directed to
Sir Hugh Owen, Knight, written from John Poyer, at
Pembrook, dated the 18th January 1641; and divers
other Examinations of Esay Poole, a Mariner, and
James Deveurex, discovering many Things concerning
the Affairs and Safety of the Kingdom; which said
Letter and Examinations the House of Commons have
referred to the Consideration of their Committee,
which are to consider of the King's Answer concerning Carrickfergus, to which Committee likewise they
have given Power to take into their Consideration the
Quiet and Safety of the Kingdom; and the House
of Commons desires this House would give the same
Power to the Lords Committees, that so they may
meet and debate what is fit to be done concerning the
"2. That the House of Commons do agree with their
Lordships in the Order made concerning Captain
Major General Skippon."
Hereupon it is Ordered by this House, That the
Lords Committees appointed to consider of the King's
Answer concerning Carrickfergus shall meet with the
Committee of the House of Commons, and shall have
Power, by virtue hereof, to take into their Consideration these Examinations, and the Letter now brought up
from the House of Commons, and to consider of the
Quiet and Safety of the Kingdom.
The Messengers were called in; and the Answer given
them was according to the Order abovesaid.
Mervin Cannon's Petition withdrawn.
Whereas Mervin Cannon hath formerly exhibited his
Petition unto this House, which now he desireth to withdraw; it is Ordered, etc. That the said Mervin Cannon
shall have Liberty, by virtue hereof, to withdraw his
said Petition, and Cause depending before their Lordships, and proceed at Law, or elsewhere, as he shall
Officers Fees upon Delinquency.
Whereas several Persons are often sent for as Delinquents, upon the Complaint of some who undertake not
to the Officers of the House to pay the Fees due upon
Delinquency, in case the Parties complained of prove
not so, whereby the Officers are much wronged in their
Dues; it is thought fit, and so Ordered, etc. That all
such as shall hereafter complain of any, desiring they
may be sent for as Delinquents, who proving not so upon
Examination, shall pay the Fees that they ought to have
answered if they had been guilty; and such as shall be
found to be Delinquents shall first satisfy the Officers
their Dues, before such Time as they shall be released
out of such Restraint as lieth upon them.
Smart versus Consens & al.
Upon the reading of the Petition of Peter Smart this
Day in the House; it is Ordered, etc. That his Cause
against Doctor Cosins and other the Prebends of Durham shall be heard here at the Bar, on the First Tuesday
in Easter Term next, being the Third Day of May 1642;
and that, in the Interim, Mr. Smart's Witnesses shall
be examined before the Lords Committees formerly
appointed in this Cause, which Witnesses are to be crossexamined by the said Doctor Cosins, and others the Defendants, if they think good, and to examine any Witnesses of their own in the said Cause; which Depositions
are to be made use of only in case the Examinants shall
die before the said Hearing; who otherwise are to be
produced, and the said Depositions not to be used, when
the said Cause shall come to Hearing.
Trial of Ld. Morley for the Murder of Capt. Clarke.
Ordered, etc. That the Trial of the Lord Morley
and Mount. concerning the Death of Captain Peter
Clarke, shall be heard at the Bar, on the Tenth of February next; and that the Committee for Privileges shall
meet on the One and Thirtieth of this Instant January,
and at such other Times as they please before the Trial,
to consider of the Manner of proceeding herein; whose
Lordships are to be attended by the King's Attorney General, and the rest of His Majesty's Learned Counsel;
and His Majesty's said Counsel are to be waited upon by
the Prosecutors, and fully instructed in the Cause: And
lastly this House doth further Order, That there shall
be a Trial of Captain Kirke, touching the
Death of the said Clarke, at the King's Bench Bar, on
the 11th of February next, being the next Day after the
Lord Morleye's Trial here.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati,
videlicet, 29m diem instantis Januarii, hora 1a post
meridiem, Dominis sic decernentibus.