House of Lords Journal Volume 4
7 February 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: 7 February 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 565-568. URL: http://www.british-history.ac.uk/report.aspx?compid=35774 Date accessed: 20 October 2014.


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Contents

DIE Lunæ, videlicet, 7 die Februarii.
L. Craven Leave to go to Holland. Absent Lords excused. Questions and Answers of the Mayor and Aldermen of Hull. They are admonished to obey the Orders of the House readily for the future. Message from the H. C. with the Bill against B.shops. Message sent to the King about the passing of the Bill for Persons in Holy Orders not to exercise Temporal Jurisdiction. Answer to the H.C. Whether Lords absent with Leave for a Time shall send Proxies. L. Morley's Trial for the Murder of Captain Clark. Privilege of the Attendants of this House. Message from the H.C. that a Ship with Four Hundred Arms for Horses at Hull may be stayed. Agreed to. L. Pierpoint Leave to be absent. E. of Dover may withdraw his Petition against L. Newburgh and others. Letter from the King to the L. Keeper. His Answer about the Militia; and about the L. Kymbolton, &c. Concerning the Queen's going into Holland with Her Daughter. Message to the H.C. to communicate these to them. Commission for executing the Act of Benevolence for Ireland. To be communicated to the H. C. Adjourn. Post meridiem. Marquis of Hertford is to have the Prince at Hampton-Court. Three Servants have Leave to attend Lord Digby. Absent Lords excused. Lord Goring Leave to attend the Queen. Bill for pressing Soldiers. House to be called Tomorrow. Message to the H. C. for a Conference, on the Bill for pressing Soldiers. Message from the H. C. for a Conference, about the Propositions of the Scots Commissioners, and concerning the Militia, etc. Answer. Answer from the H. C. Report of the Conference concerning the Militia. Resolutions of the H. C. about the Continuance of the Power of the Militia. Commons request the Lords to join in a Petition for Sir John Conyers to be Lieutenant of The Tower. Particulars propounded to the Scots Commissioners. The Scots Commissioners Answer. Aid from the Marquis of Argyle. Resolutions of the H. C. to the Demand of the Scots. Thanks to the Marquis of Argyle, for his Offer of Assistance. Transportation of Soldiers to Ireland from Scotland. Message from the H. C. to defer the Trial of the Twelve Bishops for a Week. Agreed to. Message to the H. C. that the Lords agree with them in their Resolutions to the Scots Commissioners about Ireland. Lieutenant of The Tower dismissed his Attendance. Adjourn. Footnotes

DIE Lunæ, videlicet, 7 die Februarii.

Prayers.

The Lord Chief Justice of the Common Pleas was appointed to be Speaker this Day.

L. Craven Leave to go to Holland.

Ordered, That the Lord Craven hath Leave to go over into Holland, to his Command there.

Ordered, That

Absent Lords excused.

The Lord Keeper,
The E. of Bristoll, and
The L. Howard of Charleton,
Are excused for being absent this Day.

Next, the Mayor of Hull, and some Aldermen of that Town, according to an Order of this House, appeared; and, being at the Bar, the (fn. *) Lord Keeper, by Directions of this House, asked them these Questions:

Questions and Answers of the Mayor and Aldermen of Hull.

"1. Whether they had received an Order from both Houses of Parliament, for the receiving of Sir John Hotham into that Town, with some of the Trained Band, for the securing of the said Town, and the King's Magazine there?

"2. Why they did not give Obedience unto the same, in receiving Mr. Hotham into the said Town, with his Company?"

Their Answer was, "That they had received the Order of both Houses of Parliament, and withall divers Commands from the King; and they were somewhat dubious in their Judgements what to do therein, but it was not out of any Disobedience to their Lordships Orders."

They are admonished to obey the Orders of the House readily for the future.

Hereupon they were commanded to withdraw; and the House being informed that they had since admitted Mr. Hotham into Hull; the House Resolved, for this Time, to give them an Admonition to obey the Orders of this House with more Care and Readiness hereafter; and to express unto them, "That this House is very sensible of their Neglect, in not conforming themselves to the Orders of this House; and, in Expectance of their better Obedience hereafter, this House is pleased to dismiss them for this Offence, and remits them to the Pleasure of the House of Commons." And further it was Resolved, To let them know, "That this House recommended to the Care of the Mayor and Aldermen of Hull the Letter lately sent to them, concerning the providing of Lodging for the Soldiers there." The Mayor and Aldermen being called in, the Lord Keeper told them the Sense of the House, as aforesaid; and thereupon they desired their Lordships Pardon for what was past, and they promised to do their best Endeavour to obey the Commands of the Parliament for the future.

Message from the H. C. with the Bill against B.shops.

A Message was brought up from the House of Commons, by Sir Robert Harley, Knight: who said, "He was commanded by the House of Commons to return to their Lordships the Bill for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority, to which, with the Amendments and Alterations, the House of Commons do fully assent; and told their Lordships, That the House of Commons do much rejoice in this happy and clear Concurrence and Correspondency between both Houses; and they desired their Lordships would be pleased to send some Lords to the King, humbly to desire Him that He will be pleased to crown this Bill with His Royal Assent."

Message sent to the King about the passing of the Bill for Persons in Holy Orders not to exercise Temporal Jurisdiction.

Ordered, That this House agrees with the House of Commons herein, and appoints the Earl of Monmouth and the Lord Craven to attend His Majesty, and entreat Him, from both Houses of Parliament, to give His Royal Assent for the passing of a Bill passed by both Houses, for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority, with all convenient Speed, as one of the chiefest Means of giving Satisfaction to the Minds of Men, and exceedingly conducing towards the settling of the Distractions of the Kingdom; which is the rather desired, because the Bill is to commence, and to be of Force, from the 15th of this Instant Month of February.

Answer to the H.C.

The Messengers of the House of Commons were called in, and told that this House hath appointed Two Peers to attend the King, to move Him to give His Royal Assent to this Bill.

Whether Lords absent with Leave for a Time shall send Proxies.

Ordered, That the Committee for Privileges shall meet this Afternoon, to consider whether those Lords that shall have Leave of this House to be absent for a Time, shall be permitted to send their Proxies.

L. Morley's Trial for the Murder of Captain Clark.

Ordered, That the Trial of the Lord Morley and Mounteagle, concerning the Death of Captain Peter Clarke, shall be heard at this Bar on the First Day in Easter-Term next, being the 28th of April 1642; and that the Committee for Privileges shall meet in the mean Time, as this House shall direct, to consider of the Manner of Proceeding herein, whose Lordships are to be attended by the King's Attorney General; and the King's Learned Counsel are to be waited upon by the Prosecutors, and fully to be instructed by them in the said Cause; and lastly, this House doth further Order, That there shall be a Trial of Captain Lewis Kirke, touching the Death of the said Clarke, at the King's Bench Bar, on Friday the 29th of April 1642, and not before, being the next Day after the Lord Morley's Trial here in this House.

Privilege of the Attendants of this House.

Ordered, That it be referred to the Consideration of the Committees for Privileges what the Privileges of a Master of the Chancery is, who is an Assistant to this House, and how far it extends.

A Message was brought from the House of Commons, by Sir William Savill, Baronet:

Message from the H.C. that a Ship with Four Hundred Arms for Horses at Hull may be stayed.

To acquaint their Lordships, "That the House of Commons have received Information, that there is a Ship that is come to Hull, laden with Four Hundred Arms for Horses; and there is a pretended Cocket produced, that those Arms came from Newcastle, which the House of Commons are assured is not so; therefore they desire that the Ship may be staid in the Port that came from Newcastle (as is said), with the Four Hundred Horse Arms; and that the Arms may be kept in the Magazine at Hull, by the Direction of Mr. Hotham, until the Pleasure of the Parliament be known; and that their Lordships would join with the House of Commons, that the Master of the Ship be sent for, to be examined concerning this Business."

Agreed to.

Ordered, That this House agrees with the House of Commons in this Message.

L. Pierpoint Leave to be absent.

Ordered, That the Lord Pierpoint hath Leave to be absent from this House a Month, for his Health.

E. of Dover may withdraw his Petition against L. Newburgh and others.

Ordered, That the Earl of Dover hath Leave of this House to withdraw his Petition, exhibited against the Lord Newburgh and Justice Heath, and others.

The Lord Keeper signified to the House, "That he had a Letter from the King, wherein were inclosed some Papers, which he was commanded to communicate to both Houses:" Hereupon the House commanded they should be read, which accordingly they were, in hæc verba: videlicet,

"CHARLES R.

Letter from the King to the L. Keeper.

"Right Trusty and Well-beloved Counsellor, We Greet you well. Our Will and Command is, That you forthwith deliver to be read in Parliament these Papers inclosed, whereof one is in Answer to the several Petitions presented to Us the 2d of February current, from both Houses of Parliament. Given at Our Court at Windsor, the Sixth of February, in the 17th Year of Our Reign.

His Answer about the Militia;

"His Majesty having well considered the Two several Petitions presented unto Him on Wednesday the 2d of this Month from both House of Parliament, and being desirous to express how willing He is to apply a Remedy not only to your Dangers, but even of your Doubts and Fears; He therefore, to that Petition which concerns the Forts and Militia of this Kingdom, returns this Answer:

"That, when He shall know the Extent of Power which is intended to be established in those Persons whom you desire to be the Commanders of the Militia in the several Counties, and likewise to what Time it shall be limited that no Power therein shall be executed by His Majesty alone, without the Advice of Parliament; then He will declare that (for the securing you from all Dangers or Jealousies of any) His Majesty will be content to put in all the Places, both in the Forts and Militia, in the several Counties, such Persons as both the Houses of Parliament shall either approve or commend unto Him, so that you declare before unto His Majesty the Names of the Persons whom you approve or recommend, unless such Persons as shall be named, against whom he shall have just and unquestionable Exceptions.

To the other Petition, concerning the Members of either House, His Majesty returns this Answer:

and about the L. Kymbolton, &c.

"That, as He once conceived that He had Ground enough to accuse them, so now His Majesty finds as good Cause wholly to desert any further Prosecution of them.

"And, for a further Testimony of His Majesty's real Intention towards all His loving Subjects (some of whom happily may be involved in some unknowing or unwilling Errors), for the better composing and settling of all Fears and Jealousies of what Kind soever, His Majesty is ready to grant as free and general Pardon, for the full Contentment of all His loving Subjects, as shall, by the Approbation of both Houses of Parliament, be thought convenient for that Purpose.

Concerning the Queen's going into Holland with Her Daughter.

"His Majesty being very much pressed by The States Ambassadors to send the Princess His Daughter immediately into Holland, and being likewise earnestly desired by His Royal Consort the Queen to give Her Majesty Leave to accompany Her Daughter thither, hath thought fit to consent to both Desires, and to make His Majesty's Consent and Her Majesty's Resolution known to His Parliament."

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

Message to the H.C. to communicate these to them.

To deliver to the House of Commons Copies of the King's Answer, and the Paper concerning the Queen; and to let them (fn. *) know, that this House will fit this Afternoon, at Three of the Clock.

The Commission for executing the Act for the Benevolence and Contribution for Ireland was read, and approved of: videlicet,

Commission for executing the Act of Benevolence for Ireland.

Rex, &c. Dilectis et Fidelibus Nostris A. B. &c. Salutem.

Sciatis quod assignavimus vos, et aliquos tres vel plures vestrum, Commissionarios Nostros, ad omnia et singula faciendos, performandos, exequendos, et peragendos, in Comitatu Nostro B. ad vos pertinentia, contenta, et specificata in quodam Actu Parliamenti apud Civitatem Westm. modo tenti, nuper edito, intitulato, "An Act for a speedy Contribution and Loan towards the Relief of His Majesty's distressed Subjects of the Kingdom of Ireland," secundum Formam, et Effectum, et veram Intentionem, ejusdem Actus. In cujus, &c."

To be communicated to the H. C.

Ordered, That this Commission be communicated to the House of Commons, and desire their Concurrence herein; which accordingly was done.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

The Lord Chief Justice of the Common Pleas was appointed to sit Speaker this Afternoon.

Marquis of Hertford is to have the Prince at Hampton-Court.

The Lord Marquis of Hertford signified to the House, That he was commanded to let their Lordships know, whereas a Report was, That the Prince was to go out of this Kingdom, His Majesty (being to take a Journey to bring the Queen on Her Journey) hath given Order, That the Prince shall come on Wednesday next to Hampton-Court; and then His Majesty would deliver the Prince into his Lordship's Hands, and would require him at his Hands when His Majesty returns again."

Three Servants have Leave to attend Lord Digby.

Ordered, That the Three Servants of the Lord Digby shall have Liberty to go over into Holland from hence, to attend the Lord Digby.

Absent Lords excused.

The Earl of Cambridge and
The Earl of Dover
Were excused for being absent this Day.

Lord Goring Leave to attend the Queen.

Ordered, That the Lord Goringe hath Leave of this House to attend the Queen, in Her Journey into Holland.

Bill for pressing Soldiers.

Next, this House was adjourned into a Committee during Pleasure, to debate the Bill for pressing of Soldiers; and the House being resumed, the Amendments and Alterations in the said Bill were read, and agreed upon; and it is Ordered, That the same be communicated to the House of Commons, at a Conference.

House to be called Tomorrow.

Ordered, That this House shall be called To-morrow Morning; and a List to be given in of those Lords that have Leave of this House to be absent.

Message to the H. C. for a Conference, on the Bill for pressing Soldiers.

A Message was sent down to the House of Commons, by Sir Edward Leech and Doctor Bennett:

To desire a Conference, by a Committee of both Houses, touching the Bill for pressing of Soldiers.

Message from the H. C. for a Conference, about the Propositions of the Scots Commissioners, and concerning the Militia, etc.

A Message was brought from the House of Commons, by Sir Robert Pye, Knight:

To desire a Conference, by a Committee of both Houses, touching the Propositions of the Scotts Commissioners, and concerning the Forts and the Militia of the Kingdom, and concerning the Lieutenant of The Tower of London.

The Answer returned to this Message was:

Answer.

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

The Earl of Leycester,
Lord Wharton, and the
Lord Robartes,

Were appointed by the House to report this Conference.

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

Answer from the H. C.

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

The Lord Wharton was appointed, by this House, to manage this Conference touching the Bill for pressing of Soldiers.

Report of the Conference concerning the Militia.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Robartes reported the Effect of this Conference: "That the House of Commons having received an Answer from His Majesty, concerning the Forts and the Militia, and the Six Members of both Houses of Parliament that were accused of Treason; and therein understanding that His Majesty will be content that such Persons be put in the Forts and Militia, in the several Counties, as both Houses of Parliament shall either approve or recommend unto Him, when He shall know the Extent of Power that shall be given to those Persons, and likewise to what Time it shall be limited: Hereupon the House of Commons have presented to their Lordships an Ordinance of Parliament concerning the Militia, which was read.

Resolutions of the H. C. about the Continuance of the Power of the Militia.

"Next, was read the Resolutions of the House of Commons, concerning the Continuance of the Power of the Militia: videlicet,

"That the Power, granted by this Ordinance of Parliament, shall continue, until by the Advice and Desires of both Houses of Parliament it shall be altered.

That the Power of recommending and altering such Persons as shall be trusted with the Power of the Militia shall continue, until by the Advice and Desire of both Houses it shall be altered.

Commons request the Lords to join in a Petition for Sir John Conyers to be Lieutenant of The Tower.

Also the House of Commons further insisted, that, according to a former Desire, their Lordships would join with the House of Commons, in an humble Petition to His Majesty, to recommend Sir John Conyers to be Lieutenant of The Tower of London.

"The House of Commons desires their Lordships to join with them in all the aforesaid Particulars, as not doubting of their Lordships speedy Concurrence, because they know the imminent Dangers to be great as this Kingdom is in."

Particulars propounded to the Scots Commissioners.

Next, the Earl of Leycester, Lord Lieutenant of Ireland, reported, "That, at this Conference, Mr. Fynes delivered what was propounded to the Scotts Commissioners, and what their Demands were, and what Resolutions the House of Commons have made thereupon: videlicet,

"Certain Particulars, propounded to the Scotts Commissioners, Feb. 3, 1641.

"1. Concerning the Third of the First Six Propositions, to treat with the Scotts Commissioners, to take their Arms, Five Thousand presently, and Five Thousand Six Months hence.

"2. To treat with them for a lesser Number of Horses (vide the Fifth of the Six First Propositions).

3. To treat with them touching the Baggage-horses, and Horses for the Train of Artillery, how they shall be supplied (vide the Third of their last Propositions).

"4. To treat with them, That a Third Part of their Army may be drawn away upon Occasion (vide the Fifth of the Seven last Propositions).

"5. That their whole Army should be commanded out of their Circle, by the Lord Lieutenant of Ireland, or other chief Governor or Governors of that Kingdom, if he or they shall think fit, before the Rebellion be totally suppressed in Ulster (vide the latter End of the Answer to their Seven last Propositions).

"6. To desire a Clause, touching the Power of giving Conditions to Towns, Persons, etc. to be according to the Course of War, etc. (vide the Fifth of their Seven last Propositions).

"7. To whom their chief Commanders shall be answerable for their Deportment (vide the Fifth of their Seven last Propositions).

The Scots Commissioners Answer.

The Scotts Commissioners Answer to several Differences, or Objections, proposed to them the 4th of February 1641, out of their Propositions; and the Parliament's Answer:

"1. That the Arms, which are due to them out of Barwicke, being delivered, they are content to take Four Thousand Muskets, and Two Thousand Pikes, for the present, and the rest at May-day.

"2. They insist upon Ten Troops of Horse, at Sixty in a Troop, and One Troop of a Hundred for the General. But the English Commissioners assent to but Nine Troops of Horse, at Sixty in a Troop, and a Troop of One Hundred for their General.

"3. They insist upon Eight Hundred Horse for Baggage, and Two Hundred Horse for the Train of Artillery.

"4. They insist upon their Demand touching the Fourth Part of their Army.

"5. The Proposition touching the Removal of their Army is granted.

"6. Whereas it is desired that the Clause touching the Power of giving Conditions to Towns, Persons, etc. be according to the Course of War; it is agreed to.

"7. The chief Commanders of their Army shall be answerable for their whole Deportment and Proceedings to His Majesty and the Parliament of England only, and shall from Time to Time give Account thereof to His Majesty and the Parliament of England, and to the chief Governor of Ireland for the Time being.

Aid from the Marquis of Argyle.

"That my Lord Marquis of Argyle doth make Offer to send a Regiment of between a Thousand and Fifteen Hundred Men, to assist the King's good Subjects at Colerayne, and other Parts adjoining; the which Regiment is to enter into the English pay at his landing in Ireland, and mustering there, and is to be understood as a Part of the Ten Thousand English which are to go into Ireland.

"The Resolutions of the House of Commons to these Demands of the Scotts Commissioners are these:

Resolutions of the H. C. to the Demand of the Scots.

1. That the House of Commons agrees, that those Arms, formerly assigned to the Scotts, and remaining at Barwicke, shall be delivered unto them; and that also Four Thousand Muskets, and Two Thousand Pikes, shall be presently delivered unto them; and the Residue of the Arms due by the Agreement shall be delivered at May-day.

"2. That it be referred to the Committee for the Irish Affairs, to consider of the convenient and most proper Way to raise the Nine Troops of Horse assigned to the Scotts.

"3. That there shall be Nine Troops of Horse, consisting of Sixty in a Troop, besides the Officers that shall be raised for the Scotts.

"4. That One Hundred Horse shall be allowed for the Guard of the General of the Scotts Army, besides the Nine Troops.

"5. The Two Thousand Five Hundred Pounds shall be deposited in the Hands of the Scotts upon Account, a Stock of the providing of a Thousand Horse for the Artillery and Baggage for the Scotts Army.

"6. That the House of Commons doth give Consent to that Part of the Propositions of drawing out upon Occasion a Fourth Part only of the Scotts Army.

"7. That the House of Commons doth give Consent to the Scotts Proposition of giving Condition to such Townsmen as they shall take, with this Addition ["according to the Course of War"].

"8. That the House of Commons doth give Consent to the Proposition concerning the Scotts being answerable to what they shall do to the King and Parliament only; and giving Account to the King and Parliament, and to the Lieutenant of Ireland, or other chief Governor or Governors for the Time being.

"That the Lord Marquis of Argile shall have a particular Commission granted unto him, for the present Transportation of Fifteen Hundred Men, being Part of the Ten Thousand Men to be sent into Ireland; and that they shall enter into Pay upon their first Muster into Ireland."

Ordered, That this House consents and agrees with the House of Commons to these Resolutions to the Scotts Commissioners Propositions, with the Addition of these Words ["or other chief Governor or Governors for the Time being"].

Thanks to the Marquis of Argyle, for his Offer of Assistance.

The Lords Commissioners were appointed by this House to let the Scotts Commissioners know, that this House gives the Lord Marquis of Argyle Thanks for his noble Offer and Forwardness in this Business concerning Ireland.

Transportation of Soldiers to Ireland from Scotland.

Ordered, That the Lord High Admiral do give Order, That the Ship at Bristoll, which is to go to Locryan, be sent away, with all convenient Speed, for the guarding of the Two Thousand Five Hundred Men over into Ireland from Scotland."

Message from the H. C. to defer the Trial of the Twelve Bishops for a Week.

A Message was brought from the House of Commons, by Walter Longe, Esquire:

To desire that the Trial of the Twelve Bishops impeached by the House of Commons for High Treason may be put off for a Week longer, in regard of the great and pressing Occasions as are now in Agitation concerning the Kingdom.

Agreed to.

Ordered, That the Trial of the Twelve Bishops is deferred until To-morrow Sevennight.

Message to the H. C. that the Lords agree with them in their Resolutions to the Scots Commissioners about Ireland.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Bennett:

To let them know, that this House agrees with the House of Commons in their Resolutions to the Scotts Commissioners, concerning Ireland, with the Addition of the Words ["or other chief Governor or Governors"].

Lieutenant of The Tower dismissed his Attendance.

Ordered, That the Lieutenant of The Tower is dismissed from attending this House for this Time.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 8m diem instantis Februarii, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Sic.
* Deest in Originali.