House of Lords Journal Volume 4
8 February 1642

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1767-1830

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'House of Lords Journal Volume 4: 8 February 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 568-571. URL: http://www.british-history.ac.uk/report.aspx?compid=35775 Date accessed: 21 October 2014.


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Die Martis, videlicet, 8 die Februarii.

PRAYERS.

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

Absent Lords excused.

The Lord Keeper,
Duke of Richmond,
Marquis of Hertford,
Earl of Bristoll, and the
Earl of Clare,
Were excused for being absent from this House this Day.

The King's Answer about the Bishops Bill.

The Earl of Monmouth reported the King's Answer to the Message of both Houses to His Majesty, for the passing the Royal Assent to the Bill for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority; which Answer was read, in these Words: videlicet,

It is a Matter of Weight, which His Majesty will take into Consideration, and send an Answer in convenient Time."

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

Then a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To acquaint the House of Commons with the King's Answer, as aforesaid.

Ordinance for settling the Militia.

Next, this House took into Debate the Ordinance of Parliament, for settling the Militia for the Safety and Defence of His Majesty and this Kingdom; and, after reading of it, and a mature Consideration, the House thought fit to make some few Amendments and Alterations in it; which being read, and approved of by this House, their Lordships resolved to communicate the same to the House of Commons, and desire their Concurrence therein.

Also this House took into Consideration the Votes of the House of Commons, concerning Sir John Conyers to be recommended to be Lieutenant of The Tower, and likewise concerning the limiting of the Time for the Ordinance concerning the Militia; and, upon a full Debate, this House made these Votes following: videlicet,

Resolved, upon the Question,

Petition to His Majesty, to appoint Sir John Conyers Lieutenant of The Tower.

That this House will join with the House of Commons in an humble Petition to His Majesty, to recommend Sir John Conyers, Knight, to be Lieutenant of The Tower of London.

Resolved, upon the Question,

Continuance of the Power of the Militia.

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

Resolved, upon the Question,

The Forts.

That the Power of recommending and altering such Persons as shall be trusted with the Forts and Power mentioned in that Ordinance this Day read, shall continue until by the Advice and Desires of both Houses of Parliament it shall be altered.

Upon this, a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. to acquaint them with these Resolutions.

To let the House of Commons (fn. *) know, that this House hath considered of the Ordinance of Parliament brought up Yesterday from them, to which this House agrees, with the Amendments in the Margin; and also to let the House of Commons know, that this House are resolved to join with them in an humble Petition to the King, for recommending Sir John Conyers to be Lieutenant of The Tower of London.

And likewise to acquaint the House of Commons, That this House agrees with the House of Commons in the Two Votes for the limiting the Time of the Power of the Ordinance of Parliament for the Militia.

Absent Lords excused.

The Lord Viscount Campden and
The Lord Wentworth
Excused for their Absence.

E. Marshal intends going to Holland.

The Lord Admiral signified to the House, "That the Earl Marshal desired his Lordship to acquaint this House, that he intends to go over into Holland; and, because he is not yet provided of a Ship, he intends to take the Opportunity of a Ship that goes over with the Queen, which his Lordship thought fit to acquaint this House withall."

House to be called To-morrow.

Ordered, That this House be called To-morrow.

Writ of Error between Eales and Covel.

This Day the Lord Chief Justice of the King's Bench signified to the Speaker, "That he had a Transcript of a Writ of Error upon a Judgement given in the King's Bench, in a Cause between Eales and Covell:" Hereupon the Speaker acquainted the House with it, to know their Lordships Pleasure, whether it should be brought in or no; and the House giving Leave, the Lord Chief Justice went to the Door of this House, and there received the Original and a Transcript; and, having made Three Obeisances before he came to the Bar, and Three Obeisances more within the Bar, he brought them and laid them both down on the Lord Keeper's Wool-sack; and the House receiving the same, the Clerk of the Parliament took them, and brought them to his Table; and, after the House rose, the Transcript was examined by the Original Record, and the Original was returned by the Officer that brought (fn. *) it.

No Writ of Error to be admitted but upon Errors being assigned by Petition.

And the House conceiving that Writs of Error are for the most Part used to delay Execution according to the Law, and to gain Advantages by Time; it is therefore Ordered, That Nicholas Eales, Plaintiff in a Writ of Error (brought into this House this Day), against Michaell Covell, Defendant, shall prosecute this Writ of Error with Effect, and assign his Errors in convenient Time, or else the Transcript shall be returned into the King's Bench, that Execution may be taken out, according to Law; and it is further Ordered, That, for the future Time, no Writ of Error shall be admitted into this House, until the Party shall prefer his Petition to this House, and shew in his Petition some just and true Ground of material Error.

Commissioners to be chose from both Houses, for managing the Irish Affairs.

The Lord Lieutenant of Ireland reported from the Committee for the Affairs of Ireland, "That the Committees of both Houses are of Opinion, that the Affairs concerning Ireland would receive a speedier Dispatch if they were managed by some few Members of both Houses, to be chosen as Commissioners, authorized by Parliament, and Commission and Instructions given them, under the Great Seal of England: That the Committee of the House of Commons hath reported the same to their House; and the House of Commons have approved of the Opinion, and have given their Committee Power to nominate and present to the House of Commons the Names of Fourteen Persons, such as are already of the Committee for the Irish Affairs, and such as they think fit for to be Commissioners for this Business, that so they may be approved of by the House: And his Lordship desiring to know the Pleasure of this House herein, whether the Lords Committees should have the same Power as the Committee of the House of Commons have;" this House Ordered, That the Lords Committees for the Irish Affairs shall have Power to nominate Seven Lords (out of the Committee for the Irish Affairs) such as they think fit to be Commissioners, and that they present their Names to this House that they may be approved of.

Lady Carr against her Husband.

Ordered, That the Petition of Dame Mary Carr, Wife of Sir Robert Carr, Baronet, shall be received by the Clerk of the Parliament, and kept by him, though not to be proceeded in until this House shall think fit to fall upon Private Petitions; but, in regard that their Lordships have been informed of the Carriage of the said Sir Robert Carr, and desiring that all Inconveniences and ill Consequences may be prevented as much as in them lieth; it is further Ordered, That the Lord Chief Justice of the King's Bench shall call before him the said Sir Robert Carr, and such others in this Cause whom he shall think fit, for the full informing himself of the Matters of Difference between the said Sir Robert Carr and his said Lady, and shall take such Course concerning the Person of the said Sir Robert, for the securing the said Lady, and all other Persons as he, upon true Information of the whole Business, shall think fit.

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 Speaker for this Afternoon.

Message from the H. C. with the Bill for pressing Soldiers;

A Message was brought from the House of Commons, by Sir Walter Earle, Knight:

To present to their Lordships the Bill for pressing of Soldiers, which the House of Commons have passed, with the Amendments sent down from their Lordships.

and for a Conference about the Forts and Militia.

2. The House of Commons do desire a Conference, by a Committee of both Houses, concerning the Forts and Militia of the Kingdom; and concerning some Reasons to be offered to His Majesty, for the speedy passing of the Bill for taking away the Votes of Bishops in Parliament.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, as is desired.

The Earl of Pembrooke and Mountgomery acquainted the House, "That some Gentlemen, &c. of Kent, were come to deliver a Petition to their Lordships," which the House commanded should be called in; and accordingly they presented a Petition, in Behalf of themselves and the whole County of Kent; which Petition was commanded to be read, in hæc verba: videlicet,

The Kentish Petition.

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

"The humble Petition of the Knights, Gentlemen, Ministers, Freeholders, and other Inhabitants, of the County of Kent,

"Sheweth,

"That the Petitioners do, with Joy and humble Thankfulness, acknowledge the good Correspondence and Concurrence, which (by the Blessing of God) this Honourable House hath held with the worthy House of Commons, in passing the Bill to take away the Votes of the Prelates in this Honourable House, and disabling them from Temporal Employments; and for setting the Kingdom into a Posture of War, for its Defence.

"And the Petitioners do, in like Manner, most humbly and heartily profess, that they will ever honour this Honourable House, and, to the utmost of their Power, defend the same, so far as your Lordships shall continue to hold Correspondence and Concurrence with the said House of Commons in all their just Desires and Endeavours; upon which, the Petitioners do humbly conceive, greatly dependeth the Peace and Welfare of this Kingdom.

"And the Petitioners most humbly pray, That this Honourable House (declaring therein your noble Resolutions for the public Good) would be pleased to go on with the said House of Commons to a thorough Reformation, especially of the Church, according to the Word of God; to press Dispatch of the Aid of Ireland; to expedite Proceedings against Delinquents,; to vindicate Parliament Privileges; to discover, remove, and punish evil Counsellors; to deprive the Popish Lords of their Votes; to disarm and search out Papists, and put them into safe Custody; to suppress Mass, both in public and private; to cast out scandalous Ministers, plant painful Preachers every where, and discover who are Church Papists as well as known Recusants.

"And the Petitioners shall daily pray, &c."

Thanks given to the Petitioners.

This Petition being read, the Petitioners were commanded to withdraw; and the House taking it into Consideration, Ordered, That the Petitioners shall have Thanks given them, in the Name of the House, for their Care and Affection, which they have shewed to the public Good; and that this House will take their Petition into Consideration speedily.

The Petitioners were called in; and the Speaker told them the Sense of the House, as aforesaid.

Bill for pressing Soldiers.

Hodie 3a vice lecta est Billa, An Act for the better raising and levying of Soldiers, for the present Defence of the Kingdoms of England and Ireland.

And it being put to the Question, it was Resolved to pass for a Law.

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

Were appointed to report this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lord Robartes reported the Effect of the Conference:

Conference about the Militia reported;

"That the House of Commons have returned the Ordinance of Parliament concerning the Militia; and they have agreed to those Amendments made by their Lordships, and have made some further Additions, which they offer to their Lordships Consideration.

and about the Bill for depriving Bishops of their Votes.

"2. Concerning the passing of the Bill for taking away the Votes of the Bishops out of this House, the House of Commons say, They could not receive the King's Answer concerning it but with great Sorrow, as seeing little Hope it will pass; the Answer being, That, it being a Matter of great Weight, His Majesty would consider of it, and send an Answer in convenient Time. The House of Commons say, They hold a Delay as bad as a Denial; and seeing the passing of this Bill is a Matter of that great Importance, the Vote of the whole Kingdom being for it, as may appear by the daily Petitions from several Parts of the Kingdom; the House of Commons desire their Lordships would join with them, in presenting these Three following Reasons to His Majesty;

Reasons to pass the Bill about the Bishops Votes.

"1. The great and general Sufferings of the Kingdom, by the Clergy exercising of secular Jurisdiction, and the People taking Notice of the Bishops making a Party in the Lords House, whereof they have of late expressed so great a Sense, by the many and earnest Petitions to both Houses from many Parts of this Kingdom; as it is the Opinion of the Parliament, that there cannot Satisfaction be given either to their just Desires, or the heavy Grievances which they suffer under, without the speedy passing of this Bill.

"2. The great Contentment which the passing of this Bill in both Houses hath given to all Sorts of People; the Delay whereof by His Majesty will exceedingly lessen that Contentment, and turn into a great Discouragement.

"3. The speedy passing of this Bill (being of so great Importance) would be to the Lords and Commons a comfortable Pledge of His Majesty's gracious Intentions to concur with them in their subsequent Desires, which they are preparing to present to His Majesty, as the Cures of those great Evils and Miseries which the Kingdom now groans under."

These Reasons to be presented to the King.

And the King to be moved for the Royal Assent to the Bills for pressing Soldiers, and depriving the Bishops of their Votes.

Ordered, That this House join with the House of Commons, to present these Reasons abovesaid to His Majesty; and that the Earl of Portland and the Lord Capell, with a proportionable (fn. *) Number of the House of Commons, do attend His Majesty, and move Him, from (fn. *) both Houses, as followeth:

"The Lords are, in the Name of both Houses of Parliament, humbly to desire His Majesty to pass the Bill for pressing of Soldiers; the Dispatch whereof doth so much concern the Succour of Ireland.

"The Lords are also to renew the Desires of both Houses to His Majesty, for the passing of the Bill, intituled, An Act for disenabling all Persons in Holy Orders to exercise any Temporal Jurisdiction, or Authority; and to represent to His Majesty, for that Purpose, the Three Reasons aforesaid."

Alterations in the Ordinance for the Militia.

After this, the House took into Consideration the Alterations in the Ordinance of Parliament touching the Militia; and agreed that, after the Word ["Contempt"], these Words should be left out ["To the Lords and Commons"].

Message to the H. C. about them,

Hereupon a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To let them know, that the Lords do assent to the Alterations in the Ordinance concerning the Militia; only the Lords do think it fit the Words ["To the Lords and Commons"] be left out.

And for some of their Members to join with some Lords to petition for the Royal Assent to the Two Bills.

And further, to acquaint the House of Commons, That their Lordships have appointed Two Lords to go to the King To-morrow Morning, to move Him to give His Royal Assent to the Bill for pressing of Soldiers; and to present the Reasons to the King for passing the Bill for taking (fn. *) away the Votes of Bishops, &c. and to move His Majesty for the speedy passing of the said Bill; and further, to desire that the House of Commons would appoint a proportionable Number of their House, to go with the Two Lords of this House, to attend His Majesty.

Act against Pirates.

Ordered, That the Lord Chandois and the Lord Grey de Warke be added to the Committee for putting the Act into Execution concerning Algiers; and that the Committee do meet To-morrow Morning, by Eight of the Clock, in the Painted Chamber.

Answer from the H. C.

The Messengers return with this Answer from the House of Commons:

That they have appointed a proportionable Number of the House of Commons to attend the King, with the Lords; and they have delivered the Papers concerning the Militia.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 9m diem instantis Februarii, 1641, hora 1a post meridiem, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.