House of Lords Journal Volume 4
9 February 1642

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1767-1830

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'House of Lords Journal Volume 4: 9 February 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 571-574. URL: http://www.british-history.ac.uk/report.aspx?compid=35776 Date accessed: 29 August 2014.


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Die Mercurii, videlicet, 9 die Februarii.

PRAYERS.

Lord Chief Justice of the Common Pleas was appointed Speaker for this Day.

The House called.

This Day this House was called; and these Lords were absent:

Lord Capell, excused.
Lord Cottington, Proxy.
Lord Powis, hath Leave, excused.
Lord Coventry, excused.
Lord Savill, excused for Two or Three Days.
Lord Mohun, a Proxy.
Lord Goringe, Leave, excused.
Lord Brudnell, excused.
Lord Pierpointe, Leave, excused.
Lord Pawlett, a Proxy.
Lord Lovelace, a Proxy.
Lord Craven, Leave, excused.
Lord Deincourt, a Proxy.
Lord Howard de Charlton, Leave, excused.
Lord Mountague, Leave, excused.
Lord Digby.
Lord Arundell of Warder, Leave, excused.
Lord Stanhope, excused.
Lord Rich.
Lord Euers, a Proxy.
Lord Wentworth.
Lord Vaux, extra Regnum.
Lord Hastings, a Proxy.
Lord Stourton, excused.
Lord Dacres.
Lord Morley, excused.
Lord Berkley, a Proxy.
Lord Darcy.
Lord Awdley, excused.
Lord Abergavenny, a Proxy.
Lord Mowbray.
Lord Viscount Stafford, excused.
Lord Viscount Campden, Leave, excused.
Lord Viscount Purbecke, a Proxy.
Lord Viscount Mountague, a Proxy.
Comes Portland, excused.
Comes St. Albanes, a Proxy.
Comes Chesterfeild, a Proxy.
Comes Newport, excused.
Comes Carnarvan, Leave, excused.
Comes Kingston, a Proxy.
Comes Newcastle.
Comes Rivers.
Comes Marlborough, extra Regnum.
Comes Danby, a Proxy.
Comes Mulgrave, a Proxy.
Comes Berks, Leave, excused.
Comes Bristoll, Leave, excused.
Comes Denbigh.
Comes Carlile.
Comes Cambridge, excused.
Comes Noth'ton.
Comes Bridgwater, a Proxy.
Comes Exon, a Proxy.
Comes Nottingham, excused.
Comes South'ton, Leave.
Comes Huntingdon, Leave, excused.
Comes Sussex, a Proxy.
Comes Cumberland, excused.
Comes Rutland.
Comes Worcester, excused.
Comes Kent, excused.
Comes Marshall, Leave, excused.
Lord Marquis of Hertford.
Lord Duke of Richmond.
Lord Privy Seal.
Lord Keeper, excused.

Lord Dunsemore excused.

Ordered, That the Lord Dunsemore hath Leave to be absent, for some Time, about extraordinary Business of his own.

Lord Herbert Leave to be absent.

Ordered, That the Lord Herbert of Cherbery hath Leave to be absent for a short Time, for his Health.

Message from the H. C. for a Conference about the Forts and Militia.

A Message was brought from the House of Commons, by the Lord Grey de Warke:

To desire a Free Conference, by a Committee of (fn. *) both Houses, touching the Ordinance concerning the Forts and Militia of this Kingdom.

The Answer returned was:

Answer.

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

The Lord Robartes was appointed to report this Conference.

Conference reported.

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; which was, "To acquaint their Lordships, that the House of Commons having last Night, by a Message, received from this House the Ordinance concerning the Forts and Militia of this (fn. †) Kingdom, with some Alterations, to which their Lordships consented, only excepting the Words ["the Lords and Commons"] to be omitted; the House of Commons, having considered hereof, desire that those Words ["the Lords and Commons"] may pass inserted as they are.

This House, taking this into serious Debate, and considering whether the Words ["answer it to the Lords and Commons"] did not give a Part of Judicature to the House of Commons; it was agreed to be proposed to the House of Commons, that the Words might go thus ["to the Lords and Commons in a Parliamentary Way"].

Amendment of the Ordinance proposed to the H. C.

The House of Commons attending for an Answer to this Conference in the Painted Chamber, this House was adjourned during Pleasure, and the Lords went into the Painted Chamber, to propose the same Alteration to the House of Commons; which being done, the House was resumed.

The Queen's French menial Servants convicted as Recusants.

The Earl of Dorset, Chamberlain to the Queen's Majesty, informed this House, "That divers Complaints hath been made to him, by the French Ambassador and others, that some of the Queen's menial Servants, that are French, have been lately convicted for Recusancy, and their Houses have been searched; and desired, that they, being the Queen's menial Servants, may enjoy the Privilege of Parliament."

List of them to be delivered in.

Hereupon it is Ordered, That the Earl of Dorset do deliver into this House a List of such as are the Queen's menial French Servants; and then this House will consider further what is fit to be done in this Business.

Col. Butler and Nettervile examined.

After this, Colonel Butler and Thomas Nettervile, who had been staid at West Chester going for Ireland, and, upon Examination of them by the Mayor there, found to be suspicious and dangerous Men; and, upon this Information being given to this House, the Sheriff of Chester was Ordered by this (fn. ‡) House to bring them up safely; and accordingly this Day the said Colonel Butler was brought to the Bar, and being asked what Religion he was of, he confessed himself to be a Roman Catholic, and that he never took the Oath of Supremacy; and further confessed, "That he was to go into Ireland, by the King's Command, and by His Pass, granted at Edenborough the 11th of November last, under Mr. Secretary Vane's Hand;" and being asked "what Employment he was to have had," he said, "such as the Justices of Ireland should appoint him, for the King's Service;" and, upon reading of a Letter produced by him, dated the 11th Nov. 1641, written by Mr. Secretary Vane, to the Justices in Ireland, by the King's Command, it appeared that he was recommended to be employed in the Army, if they shall be informed of his Fidelity to the Crown of England.

Likewise Mr. Nettevile was brought to the Bar, who confessed himself to be a Roman Catholic, and never took the Oath of Supremacy, and "that he had been Nine Months in England; but intended Six Weeks ago to go into Ireland, for Want of Maintenance here."

Col. Butler committed to the Lord Mayor of London, and Netterville to the Sheriff.

Then the said Colonel Butler and Mr. Nethervile being commanded to withdraw, the House took this Business into Consideration; and knowing them both to be Men of great Families and Name in the Kingdom of Ireland, and their chiefest and nearest Friends now actually in Rebellion in Ireland, and in Probability they would go out to the Rebels if they be suffered to go into Ireland; this House Ordered, That the said Colonel Butler shall (fn. *) be forthwith put into the safe Custody of the Lord Mayor of London, who is there to remain in safe Custody, until he shall give good Caution not to go into Ireland so long as the Rebellion shall continue in that Kingdom; and it is also Ordered, That Thomas Nettervile shall be put into the safe Custody of George Clarke, Esquire, one of the Sheriffs of the City of London, there to remain until he shall give good Caution to this House not to return into Ireland during the Continuance of the Rebellion in that Kingdom.

Then the said Colonel Butler and Tho. Nettervile were called in; and the Speaker, by Command of the House, pronounced the aforesaid Orders to them particularly.

Message from the H. C. that they agree to the Amendment in the Ordinance about the Militia.

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

To (fn. †) let their Lordships know, that the House of Commons agree and consent to the Addition of these Words ["in a Parliamentary Way"] mentioned in the Ordinance of Parliament concerning the Militia; and do also agree in all the other Alterations and Amendments, and desire their Lordships (fn. †) Concurrence to it with Expedition.

and about Thirty-eight Ships for Defence of the Narrow Seas.

2. To desire their Lordships would join with them in an Order made for setting forth Eight and Thirty Ships, for the Defence of the Narrow Seas, and the Kingdoms of England and Ireland.

The House, taking this Message into Consideration, commanded the Ordinance concerning the Militia, with all the Amendments and Alterations agreed unto by both Houses, to be read, in bæc verba: videlicet,

The Ordinance for the Militia.

Whereas there hath been of late a most dangerous and desperate Design upon the House of Commons, which we have just Cause to believe to be an Effect of the bloody Counsels of Papists, and other illaffected Persons, who have already raised a Rebellion in the Kingdom of Ireland; and, by reason of many Discoveries, we cannot but fear they will proceed not only to stir up the like Rebellion and Insurrections in this Kingdom of England, but also to back them with Forces from abroad; for the Safety therefore of His Majesty's Person, the Parliament, and Kingdom, in this Time of imminent Danger;

It is Ordained, by the King, Lords, and Commons, now assembled in Parliament, That shall have Power to assemble and call together all and singular His Majesty's Subjects, within the County of, as well within Liberties as without, as are meet and fit for the Wars, and them to train, exercise, and put in Readiness, and them, after their Abilities and Faculties, well and sufficiently from Time to Time to cause to be arrayed and weaponed, and to take the Muster of them in Places most fit for that Purpose: And shall have Power, within the said County, to nominate and appoint such Persons of Quality as to him shall seem meet, to be his Deputy Lieutenants, to be approved of by both Houses of Parliament: And that any one or more of the said Deputies, so assigned and approved of, shall, in the Absence, or by the Command, of the said , have Power and Authority to do and execute within the County all such Powers and Authorities before in this present Ordinance contained.

And shall have Power to make Colonels, and Captains, and other Officers, and to remove out of their Places and make others, from Time to Time, as he shall think fit for that Purpose: And his Deputies, Colonels, and Captains, and other Officers, shall have further Power and Authority to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, as well within the County of, as within any other Part of this Realm, or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen, according as they from Time to Time shall receive Directions, by His Majesty's Authority, signified unto them by the Lords and Commons assembled in Parliament.

"And it is further Ordained, That such Persons as shall not obey in any of the Premises shall answer their Neglect and Contempt to the Lords and Commons, in a Parliamentary Way, and not otherwise, nor elsewhere; and that every the Powers granted as aforesaid shall continue until it shall be otherwise Ordered or Declared by both Houses of Parliament, and no longer; and this to go also to the Dominion of Wales."

Resolved, upon the Question, That this House agrees with the House of Commons in this Ordinance of Parliament concerning the Militia, with the Amendments.

Ships for Defence of the Narrow Seas.

Next, the Second Part of the Message was considered of; and this House joined with the House of Commons; and Ordered, That Fifteen of His Majesty's Ships, manned with Two Thousand Nine Hundred and Seventy Men, and Twenty-three Merchants Ships, shall be employed as this Summer's Fleet, for the Space of Eight Months, for the Defence of the Narrow Seas, and of His Majesty's Kingdoms of England and Ireland.

To the Right Honourable the Lord High Admiral of England."

After this, the House was informed, "That divers Gentlemen of Suffolke are without at (fn. *) the Door, and desire that they may be admitted, to present a Petition to this House;" and being called in, a Petition was delivered, which was read, in hæc verba: videlicet,

Suffolk Petition.

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

"The humble Petition of divers Gentlemen and others, Inhabitants of the County of Suffolke, in the Behalf of themselves and many Thousands of that County that would have accompanied them, but have forborn in Obedience to a late Order of the House of Commons concerning that County,

"Sheweth,

"That the Petitioners cannot but with great Joy take Notice of the happy Concord of your Honours with the Honourable House of Commons, expressed by your Readiness to put the Kingdom into a Posture for Defence, in passing the Bill against the Votes of the Prelates, in suppressing divers Innovations crept into the Church, and Multitudes of Monopolies and public Grievances, and passing divers other Bills of infinite Concernment and Benefit to this Commonwealth; for all which your Petitioners, as Members thereof, and Partakers of the Benefit thereby, do return most humble Thanks, and do solemnly profess, that, as they are bound, so will they ever endeavour to secure and serve this Honourable House; and (not doubting of their continued Concurrence with the House of Commons in all their just Desires) will, to the utmost of our Powers, defend you against all Invasions of the Power and Privileges (fn. *) of Parliament, according to our late public Protestation.

"And your Petitioners do most humbly beseech this Honourable House to be pleased chearfully to proceed to perfect the Reformation of the Church, by establishing the Worship of God according to His Word, casting out and displacing scandalous Ministers and NonResidents; that due Care may be had that Patrons present able and conscionable Ministers; that you would proceed to sentence Delinquents and evil Counsellors; to restrain the Votes of the Popish Lords; to disarm and confine Recusants, and that the Laws against them may be fully executed; to hasten Aid for Ireland; to remove the Occasions of the general Fears and Discontents of the Commons of this Kingdom, which your Petitioners conceive to be the principal Ground of the Stop of Trade, especially that of Cloathing, upon which the Estates and Livelihoods of many Thousands do depend, who very lately, in regard of their Wants, by their Speeches and Gestures, express sad Intentions of disturbing our public Peace if they be not speedily prevented.

"And the Petitioners, as in Duty bound, shall ever pray, etc."

Thanks given to the Petitioners.

"This Petition being read, those that presented it were commanded to withdraw; and the House having resolved what Answer to return, the Gentlemen were called in; and the Speaker, by the Directions of the House, gave them Thanks for their Care and Affection to the Commonwealth, and their Respects to this House; and that their Lordships will take their Petition into Consideration speedily.

Sir Jo. Conyers recommended to the King by both Houses, to be Lieutenant of The Tower.

Ordered, That the Earl of Cleveland shall attend the King To-morrow, and signify to Him, that both Houses of Parliament do recommend to His Majesty Sir John Conyers to be Lieutenant of The Tower of London; and do humbly desire His Majesty that He will be pleased to put him into the Command thereof.

Popish Papers and Relicks seized going beyond Sea.

Upon Information to the House, "That Mr. Watkins, Chief Searcher of London, had taken into his Custody divers Popish Papers and Relicks, which were going beyond the Seas;" this House appointed these Lords following to view them, and enquire the Truth of the Business, and report the same to this House.

Committee to enquire into it.

The Lords Committees were,

The E. of Holland.
The E. of Stanford.
Ds. Strange.
Ds. Pagett.
Ds. North.
Ds. Spencer.
Ds. Robartes.

Any Three of their Lordships to meet, when and where they please.

Petition of Spanish Merchants about Bullion.

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

"The humble Petition of the Merchants Trading with the Subjects of the King of Spaine in Bullion and Coin,

"Sheweth,

"That the Intelligence your Petitioners Correspondents have had, of the Troubles and Distractions for the present in this Kingdom, hath occasioned them, by Letters, to express their Fears and Jealousies, that, by the Violence of mutinous Persons, their Bullion and Coin, being here landed, may be intercepted, or be taken away, after your Petitioners come to be possessed thereof; as also, in Case any Breach (fn. *) of Peace should happen between the Two Kingdoms of England and Spaine (which God forbid), that the Bullion and Coin imported by them may be here seized, to the Prejudice and Loss of their Estates.

"In which Particulars, your Petitioners, out of their tender Care for the flourishing Estate and Welfare of this Kingdom, have endeavoured to give them Satisfaction, by extenuating the Grounds of their Fears, and by promising to become Suitors to this Honourable Assembly to provide for the Security of their Estates, and Removal of their Fears in this Behalf:

"Your Petitioners therefore most humbly beseech this Honourable Assembly, to take the Premises into your serious Consideration; and that you would be pleased to be a Means to the King's Majesty, that such an Order may be taken, that upon no Pretence whatsoever your Petitioners Bullion and Coin may be stayed; and that the Insolencies of mutinous People may be restrained, and Aid and Guard of your Petitioners Bullion and Coin to be imported may be afforded, that so they may safely be conducted, and remain in your Petitioners Hands, or His Majesty's Royal Mint, or elsewhere, at their free Disposals, as in former Times; and that, if any Breach of Peace between the Two Kingdoms should happen, that there may be Three Months Respite of Time given, without Seizure of the Bullion and Coin of the Subjects of the King of Spaine, that, in the mean Time, the Petitioners may remit to their Proprietors their Estates which then shall be in their Hands, which will give Satisfaction and Encouragement to your Petitioners Correspondents to continue their Importation of Bullion and Coin, to the Maintenance of Trade and Benefit of this Kingdom.

"And your Petitioners shall daily pray, etc.

Robert Wake.
Benjamin de Lonnoii.
David Ofgher.
Dierick Hope.
Michaell Castle.
Fra. Sayon, etc.

Committee to consider of the Petition.

These Lords following were appointed by the House to consider of this Petition, and to report their Opinions:

The L. Admiral.
Comes Bathon.
Comes Holland.
L. Viscount Say & Seale.
Ds. Wharton.
Ds. North.
Ds. Kymbolton.
Ds. Brooke.
Ds. Robartes.
Ds. Howard de Estcrick.

Their Lordships, or any Three, to meet Tomorrow Morning, at Ten of the Clock, in the Lord Keeper's Room.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 10m diem instantis Februarii, hora 2a post meridiem, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
Origin. King.
Bis in Originali.
* Bis in Originali.
Deest in Originali.
* Deest in Originali.
* Origin. and.
* Transposed in the Original.