House of Lords Journal Volume 4
4 February 1642

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1767-1830

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'House of Lords Journal Volume 4: 4 February 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 561-564. URL: http://www.british-history.ac.uk/report.aspx?compid=35772 Date accessed: 16 September 2014.


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DIE Veneris, videlicet, 4 die Februarii.

PRAYERS.

Sir Thomas Cary and the Bishop of Ardagh.

Upon reading the Petition of Sir Tho. Cary, Knight, exhibited to this House, and also upon the reading of a Petition of the Bishop of Ardagh, in the Kingdom of Ireland, exhibited unto the Lords in Parliament there, and an Order made by them thereupon, it is Ordered by this House, That the said Bishop of Ardagh shall forthwith attend this House, and then their Lordships will take this Business into Consideration; in the mean (fn. *) Time, the said Bishop may have a Copy of the Petition of Sir Tho. Cary, if he will.

Report of The States Ambassador about the Stay of Ships going to the Rebels in Ireland.

The Earl of Bath reported to the House, "That he had acquainted The States Ambassador with the Desire of both Houses, concerning the Staying of Ships that were bound for Ireland, with Supplies for the Rebels there; and the Ambassador returns this Answer: That The States have already given Order to their General, to make Stay of all Ships as they can meet withall, laden with Arms, Munition, or Provisions, which are going for Ireland, to relieve the Rebels there; and, if they find any, they will put them into some of the King's Harbours, or into the Custody of some (fn. *) of the King's Ships at Sea, if they are near."

Thanks to The States Ambassador.

The House, receiving this Answer well, appointed the Earl of Warwicke to return The States Ambassador Thanks from this House, for his Care in this Business.

The Earl of North'ton reported the King's Answer to the Messages sent to Him from both Houses:

His Majesty's Answer about the Mumtion at Hull,

"1. Touching the Order concerning the Warrant to be given that Ammunition may be delivered to the Soldiers at Hull, for the Defence of that Town and the Magazine there; His Majesty will return an Answer by the Earl of Newport, with the rest of the like Kind.

and the Militia.

"2. Touching the Petition concerning the Militia, His Majesty returns this Answer, That He hath received the Message from both Houses, and resolves to take it into His mature Consideration, as the Importance of the Matter deserves, and will return a speedy Answer by, or before Saturday, if He can."

E. of Berks Leave to be absent.

Ordered, That the Earl of Berks hath Leave to go into the Country, for his Health.

Witness concerning the impeached Bishops.

The Bishop of Salishbury was sworn, and is to be examined in the Cause concerning the Twelve Bishops that are impeached of High Treason.

Bill for pressing Mariners, passed by Commission.

Then the Lord Keeper signified to this House, "That the Commission for giving the Royal Assent to the Bill for pressing of Mariners was come."

Hereupon the Gentleman of the Black Rod was commanded by the House to let the House of Commons know of it; and that their Lordships are ready to pass it.

Then the Lord Keeper, the Lord Privy Seal, the Lord Great Chamberlain, the Lord Admiral, and the Lord Chamberlain of the Household, Five of the Commissioners, sitting upon a Form set across the House, between the Chair of State and the Lord-keeper's Woolsack, the Commons came with their Speaker; and, the Commission being read, the Clerk of the Crown read the Title of the Bill; videlicet,

"An Act for the better raising and levying of Mariners, Sailors, and others, for the present guarding of the Seas, and necessary Defence of this Realm and other of His Majesty's Dominions."

And then the Clerk of the Parliament pronounced the Royal Assent, in these Words,

"Le Roy le veult."

This being done the Commons went to their House.

Sheriffs of London and Middlesex and Lieutenant of The Tower discharged of their Attendance.

Ordered, That the Sheriffs of London and Midd. and the Lieutenant of The Tower, shall be dismissed for their Attendance on this House until further Notice be given; and that the Business shall be taken into further Consideration when the King hath returned His Answer to the Petition of both Houses concerning the Militia and the Forts.

E. of Bristol's Absence excused.

Ordered, That the Earl of Bristoll is excused for his Absence this Day.

The Lieutenant of The Tower to be allowed for keeping Magenis.

Upon the Petition of Arthur Magenis, a Prisoner in The Tower; it is Ordered, That the Lieutenant of The Tower do see that he hath a competent Diet allowed; and the Lieutenant shall have an Allowance for the same.

Lords Leave to be absent.

The Earls of South'ton and Carnarvan have Leave to be absent.

Twelve Bishops to be examined.

It was moved, "That the Committee of the House of Commons desired that some of the Twelve Bishops in The Tower may be examined by the Lords Committees;" which this House agreed to, so it be not upon Oath, nor concerning any Thing whereby they may accuse themselves. (fn. *)

Post meridiem.

Prayers.

L. Mowbray Leave to be absent.

Ordered, That the Lord Mowbray hath Leave to be absent, to settle some Businesses of his own as much concern him.

Voluntiers for L. Craven for the Low Countries.

Ordered, That Captain Bautry shall be permitted to entertain and transport, for the Service of The States of the United Provinces, Thirty Men, Voluntiers, for the recruiting of the Regiments of the Lord Craven.

Bill to disable Persons in Holy Orders from exercising Temporal Jurisdiction.

Hodie 2a vice lecta est Billa, An Act to disable all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority.

Ordered, That this Bill is committed to a Committee of the whole House.

Resolved, upon the Question, That this Bill shall be taken into Consideration To-morrow Morning, at the First Sitting of the House.

A Message was brought from the House of Commons, by Nathaniell Fynes, Esquire:

Message from the H. C. about an Order concerning Serjeant Major General Skippon.

To let their Lordships know, that he was commanded by the House of Commons to present to their Lordships an Order, which hath passed the House of Commons, concerning Serjeant Major General Skippon, in which they desire their Lordships Concurrence.

And with the Commission for delivering Carrickfergus to the Scots.

2. He brought up the Commission which is to be given to (fn. *) the Scotts, touching their going into Ireland, and concerning the delivering up of the Town and Castle of Carrickfergus unto them, which Commission hath received some Amendments, which have been made by the House of Commons; and they desire their Lordships to join with them therein.

The Order was read, in hæc verba: videlicet,

Order concerning Serjeant Major General Skippon.

"Whereas, for the Safety of the Parliament, it hath been thought (fn. *) fit, and is accordingly Ordered, by the Lords and Commons now assembled in Parliament, That good and sufficient Guards be, by the Sheriffs of London and Midd. from Day to Day appointed, under the Conduct and Command of Captain Phillip Skippon, Serjeant Major General of the Forces of the City of London; it is hereby declared, That the said Serjeant Major's Diligence, Faithfulness, and Sufficiency, in all that he hath hitherto directed and done in conducting and ordering the said Guards, is well accepted and approved of by both Houses of Parliament; and the Lords and Commons now assembled in Parliament do further Order, and more expressly authorize the said Major, That he shall, from Day to Day, henceforth, until he receive Order from both Houses of Parliament to the contrary, go on with all Care and Fidelity in conducting and ordering the said Guards, as he shall conceive may most and best further the said Service. And his so doing is hereby declared to be for the real good Service of His Majesty and of the Commonwealth, and is in every Part thereof according to his Duty, to the last Protestation, and the Laws of this Kingdom; and, if any Person or Persons shall arrest or any other Way trouble him, for so doing, he doth break the Privileges of Parliament, violate the Liberty of the Subject, and is hereby declared to be an Enemy to the Commonwealth."

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

Next, the Commission which is to be given to the Scotts was read, in hæc verba: videlicet,

Commission for delivering Carrickfergus to the Scots.

Charles, by the Grace of God, etc. To all to whom these Presents shall come, Greeting. Whereas, by Advice and Counsel of Our Parliament of England, We have held it fit and necessary that Two Thousand and Five Hundred Men of Scottish Subjects, being now in present Pay in Our Kingdom of Scotland, be forthwith sent into Our Realm of Ireland, and placed and disposed in Our Town of Knockfergus, alias Carrickfergus, in Our said Realm of Ireland, for the Safety, Preservation, and Defence of the same, against the Rebels, Traitors, Enemies, and their Adherents, in Our said Kingdom of Ireland, upon such Conditions and Agreements as are made and concluded on between Our said Parliament of England and the Commissioners of Scotland: Know ye, that We have given and granted, and by these Presents do give and grant, full Power, Licence, and Authority, unto such Person or Persons as the Lords of Our Privy Council of Our Kingdom of Scotland shall nominate and make Choice of, who, for his and their Wisdom, Discretion, and Valour, they shall hold, and esteem fit to have the chief Government and Command of our said Town and Castle of Knockfergus, alias Carrickfergus, or of either of them, or of the said Two Thousand and Five Hundred Men, or of any Part of them, to be conducted and led to the Town and Castle aforesaid, for the necessary Defence and Preservation thereof, jointly or severally; which Person or Persons, so by them as aforesaid nominated and chosen, We do, by these Presents, appoint and ordain to supply the Place of Chief Governor or Governors of the said Town and Castle, or of either of them; giving and granting hereby also, unto him or them, full and absolute Power and Authority to conduct and lead the said Two Thousand and Five Hundred Men to Our said Town and Castle of Knockfergus, alias Carrickfergus, and there to govern, order, and command them, and every of them, for Our Service, and Guard of Our said Town and Castle against the Invasion of the said Rebels; and, for the better Security of the said Town, Castle, and Parts adjacent, the said Person or Persons shall have Power, from Time to Time, and as oft as he or they shall see Cause, to lead and draw forth of the said Town and Castle such Numbers of the said Two Thousand Five Hundred Men as he or they shall think fit, and therewith to oppose and withstand the said Rebels, and them to assault, fight with, subdue, kill, and slay, and to burn, and use all other Acts of Hostility, in such Sort as he or they shall, in their Judgement, think most advantageous for Our Service, until they shall be called and discharged of and from the said Service by Order of Us and Our said Parliament of England, upon Conditions to be agreed upon by Our Commissioners of Our Kingdom of Scotland; further also authorizing, by these Presents, such Person or Persons as shall be so elected to be Chief Governor or Governors as aforesaid, to take the Oath and Oaths of all Captains and Soldiers that shall serve in the said Town and Castle, as in like Cases is requisite, and from Time to Time to remove out of the same Garrison such as by him or them shall be thought unfit to serve us there; and likewise to receive and admit, from Time to Time, into the said Garrison, such Persons as he or they shall think convenient for our better Service; and also to punish, by Law Martial, or otherwise as Cause shall require, such of his Officers and Soldiers of the Army serving there, as shall be any ways Offenders, either by Death, or other Corporal or Arbitrary Punishment, according to the Quality of their Offence: Wherefore Our Will and Pleasure is, and We do by these Presents require and command all and every Person and Persons whatsoever, under whose Charge, Custody, Command, or Government, the said Town and Castle of Knockfergus, alias Carrickfergus, or either of them, and now are and remain, forthwith upon the Demand and producing of the due Nomination and Election of the Person or Persons beforementioned, to be elected and nominated by the Lords of Our Privy Council of Our Kingdom of Scotland, to surrender, yield up, and deliver the same, to the Person or Persons so as aforesaid nominated and chosen, together with the whole Artillery and Ammunition thereunto belonging; for the doing and performing whereof, these Our Letters Patents, or the Inrollment, Exemplification, or Duplicate thereof, shall be, to all and every such Person and Persons so delivering and yielding up the said Town and Castle as aforesaid, a sufficient Warrant and Discharge. And Our Will and Pleasure is, and We do likewise by these Presents require, charge, and command, the Mayor of Our said Town of Knockfergus, alias Carrickfergus, quietly and peaceably to permit and suffer the said Person or Persons, so as aforesaid elected, appointed, and chosen, together with the said Two Thousand and Five Hundred Men, to come into and remain in the said Town and Castle, in Defence thereof; and these Presents, or the Inrollment or Duplicate thereof, shall be unto the said Mayor a sufficient Warrant and Discharge in that Behalf. And We also command as well the said Mayor of the said Town and the Inhabitants thereof, that they, and every of them, demean and carry themselves civilly and orderly to the Commanders and Officers of the said Garrison, as is fit and usual in such Cases; as also the said Officers and Soldiers of the said Garrison to use the Magistrates and Inhabitants of the said Town with all Brotherly Kindness, that there may be mutual Love and Respect between them: Provided nevertheless, and Our express Will and Pleasure is, That such Person and Persons as shall be elected, appointed, and chosen as aforesaid, to have the chief Command, Charge, and Government of the said Garrison, shall, before he or they enter upon the said Charge and Command, take his and their Corporal Oath and Oaths, before the Mayor of the said Town of Knockfergus, alias Carrickfergus, or his Deputy for the Time being, who are authorized hereby to adminster the said Oath or Oaths, for the faithful true keeping and defending the said Town and Castle, for the best Advantage of Our Service and Crown of England, until he and they shall be thereof discharged as aforesaid. And lastly, We strictly charge and command all Our Lieutenants, Deputy Lieutenants, Mayors, Sheriffs, Bailiffs, and all other Our Officers, Ministers, and Subjects whatsoever, whom these Presents shall or may in any wise concern, to be obedient, aiding, helping, and furthering, in the Execution of Our Will and Pleasure herein before declared, as they and every of them will answer the contrary at their uttermost Perils. In Witness, etc. Witness, etc."

Agreed to by the Lords.

Ordered, That this House approves of this Commission, and Orders the same accordingly; and that it be presently ingrossed by the Clerk of the Crown, and a Duplicate made of it.

The Answer returned to the Messengers of the House of Commons was:

Answer to the H. C.

That this House agrees with the House of Commons in the Amendments in the Commission for the Scotts, and have Ordered, That it shall speedily be ingrossed; and also that this House agrees in the Order now brought up concerning Serjeant Major General Skippon.

Commissions to be issued pursuant to the Act of Contribution for Ireland.

Ordered, That the Clerk of the Crown do speedily issue out, and send over England and Dominion of Wales, Commissions according to the Act for Contribution and Loan concerning Ireland.

Next, the Petition of the County of Surry was read, in hæc verba: videlicet,

Surrey 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 Surrey,

"Sheweth,

"That your Lordship Concurrence with the House of Commons, in your passing many Bills for the general Good of this Kingdom, especially in your late joining with them in your Votes for the settling of the Militia and Forts in such Hands as the Commonwealth may confide in, and the Kingdom in such a Posture as may be for its Defence and Safeguard, hath been long the earnest Desire, and is the present Joy, of your Petitioners; yet we cannot but very much condole the miserable Condition of the poor distressed Protestants in Ireland, who, through the great Delay which hath been found amongst your Lordships, notwithstanding the pressing Endeavours of the House of Commons, together with many of your Lordships, in sending timely Relief unto them, have been exposed to the inhuman Cruelties of their merciless and barbarous Enemies, to the great Dishonour of this Nation, the Loss well near of that Part of His Majesty's Dominions, and apparent Danger of the rest. With the like Grief we apprehend the fearful Distractions of this Nation, the Composure of which is altogether hopeless, so long as the sacred Throne of His Gracious Majesty is environed with evil Counsellors, of late producing, besides the dangerous Effects, the high and unheard-of Breaches of the Privileges of Parliament, your Lordships and our common Birth-right; and so long as the Votes of Popish Lords and Bishops are continued in your House, to the animating of the Papists in these Kingdoms in their pernicious Practices and the retarding of our generally-desired Reformation; and so long as our Churches do abound with superstitious Clergymen, many of whom, lying under the Censure of Parliament, for their own Security breed and foment Divisions and Factions, thereby to thwart and overthrow the Proceedings of this Parliament.

"Wherefore your Petitioners do humbly pray and beseech this Honourable House, that you would go on in a constant Union with the House of Commons, in providing for the Kingdom's Safety, by putting the Militia and Forts in such a Posture, and into such Hands, as shall be recommended by both Houses: That you would expedite a continual Supply, according to the emergent Necessities of almost-ruined Ireland: That all evil Counsellors (the immediate Cause of our present Distractions) may be found out, and brought to condign Punishment: That the Votes of Popish Lords and Bishops (the main Obstructors of passing many good Bills) may be speedily removed: That the Church may be purged of all corrupt and scandalous Ministers: That the Popish Recusants may be more than superficially disarmed; and some Way found out by your Wisdoms for the detecting of Church Papists, as most dangerous to this State; that so the Peace of the Kingdoms may be established, the Privileges of Parliament vindicated, and secured to Posterity, the Purity of Religion settled and preserved. And your Petitioners shall ever in Duty be obliged to defend and maintain, with their Lives and Estates, His Majesty's Royal Person, Crown, and Dignity, and your Lordships, so far as you shall be united with the Honourable House of Commons in all their just and pious Proceedings.

"And your Petitioners shall ever pray, etc."

Thanks given to the Petitioners.

"This being read, the Lord Keeper, by Command of the House, gave the Gentlemen that brought the Petition this Answer, "That this House gives them Thanks for their Care of Ireland, and of the Privileges of Parliament; and that their Lordships will take their Petition into a speedy Consideration."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 5m diem instantis Februarii, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.
* No Adjournment here in the Original.
* Deest in Originali.