House of Lords Journal Volume 4
14 February 1642

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1767-1830

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'House of Lords Journal Volume 4: 14 February 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 580-585. URL: http://www.british-history.ac.uk/report.aspx?compid=35780 Date accessed: 28 November 2014.


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Contents

Die Lunæ, videlicet, 14 Februarii.
Earl of Newcastle to deliver in his Commission for raising Men for Hull, and appointing him Governor of it. Commission for the Royal Assent to the Bills against Bishops Votes in Parliament, and for levying Soldiers. Lord Keeper's Speech. Bills passed. Message from the King about them. That He will put in Execution the Laws against Recusants; and banish the condemned Priests. Liturgy. Ireland. Trade. Committee to prepare an Address of Thanks to the King for this Message. Capt. Appleton's Business. Sir John Blagrave's Bill. Conference on the Bill against Pluralities, &c. agreed to. Answer. Address of Thanks to the King drawn up; and sent to the Commons. Earl of Arundel, about Words. Witnesses sent for about it. Letters going to Ireland staid. Committee to peruse them. Ld. Dudley's Privilege. Pickis discharged. Earl of Peterborough's Complaint of some Words spoke against him by Mr. Tate in the H. C. Adjourn. Post meridiem. Message from the H. C. about Thanks to the King from both Houses. Conference on the Bill against Pluralities, &c. Message from the H. C. with an Impeachment against the Attorney General, for exhibiting Articles against Ld. Kymbolton and the others. Attorney General to attend and hear his Charge. Message from the H. C. for opening a Packet of Ld. Digby's Letters to Mr. Secretary Nicholas; and about Woolley Leigh's Petition, concerning Wingfield being protected by the Earl of Peterborough. Committee for opening Lord Digby's Letters to Secretary Nicholas. Woolley Leigh's Petition referred to them. Answer to the H. C. Mr. Attorney's Impeachment read to him. Time given him to answer. Bail taken for him. Message from the H. C. about a Letter from Mr. West to the Members for Yorkshire. Arms of the Earl of Arundel. (Vide the Letter.) Lord Lieutenant of Yorkshire to secure these Arms. Answer. Message from the H. C. to move the King for His Assent to the Ordinance about the Militia. Answer. Ordinance for the Militia to be presented to the King for His Assent to it. Message to the H. C. to acquaint them of it. Answer. Report from the Committees for opening Lord Digby's Letters. Sir Lewis Dives to attend about them. Message from the H. C. to defer the Trial of the Twelve Bishops; and about the Order concerning Major General Skippon. Trial of the Bishops put off; they may be bailed. Serjeant Major General Skippon. Guards upon The Tower. Message to the H. C. to acquaint them with these Orders. Message from the H. C. for Lord Digby's Letter to the Queen, to be opened. Answer. Message to the H. C. for a Conference about it. Lord Keeper Leave to be absent, and L. C. J. C. P. chose Speaker in his Absence. Answer from the H. C. Conference reported. Reasons of the Commons for opening Lord Digby's Letter to the Queen. Committee to open it. The E. of Newcastle's Commission for Hull. E. of Newcastle Leave to be absent. Order for conveying Arms from Hull to Chester. Adjourn. Footnotes

Die Lunæ, videlicet, 14 Februarii.

PRAYERS.

Earl of Newcastle to deliver in his Commission for raising Men for Hull, and appointing him Governor of it.

It was moved, "That the Earl of Newcastle, being sent for to come and give his Attendance on this House, hath daily attended this House, and now desires that he might have Leave to go into the Country for his Health sake:" Hereupon the House Ordered, That the Earl of Newcastle shall deliver in his Commission, granted to him under the King's Manual, by which he was to have raised Forces to go into the Town of Hull, and to be Governor; and that his Lordship be ready to attend this House when he shall have Notice upon any Occasion.

Commission for the Royal Assent to the Bills against Bishops Votes in Parliament, and for levying Soldiers.

The Lord Keeper acquainted the House, "That he had received a Commission to give the Royal Assent unto Two Bills, one for levying of Soldiers, the other for taking away the Bishops Votes and Seat of this House; and likewise that he had received a Message from the King, which is to be read after the Bills are passed."

Then the Gentleman Usher was appointed by the House to (fn. *) go and give the House of Commons Notice hereof; and to desire them to come with their Speaker, and hear the Royal Assent given to the Two Bills. The Lord Keeper, the Lord Admiral, and the Earl of Bath, sat as Commissioners, upon a Form set across the House; and the House of Commons being come with their Speaker, the Lord Keeper made this Speech as followeth:

Lord Keeper's Speech.

His Majesty, being very willing to give full Satisfaction to all the just Desires of His People, especially when they are transmitted unto Him by the Representative Body of the Kingdom, the Lords and Commons assembled in the High Court of Parliament, His Great and General Council, hath therefore taken into His serious Consideration Two Bills of great Importance, which lately passed by the Votes of both Houses, the one for impressing and raising of Soldiers for the present Expedition into Ireland, to aid and relieve the poor distressed Protestants, who are there daily and barbarously butchered and massacred by the over-prevailing Party of the Bloody Papists, a Thing taken much (fn. †) to Heart by the King and all other good Men; in which Bill there is contained a Clause tending much to the Security of the Persons of the Subjects of this Kingdom, by a declaring, That, by the Law, no Man ought to be impressed, nor otherwise compelled to go out of his County, to serve as a Soldier, without his own particular Assent, or by common Consent in Parliament (wherein he is involved), unless it be upon Necessity of the sudden coming of strange Enemies into the Land, as was heretofore ordained, by a Statute made in the First Year of the Reign of the Noble King Edward the Third; or that he be thereunto obliged by Tenure, the contrary whereof hath been practised for many Ages, via Facti: And the Second Bill, much wished and earnestly insisted upon, for taking away the Votes of Bishops out of the Lords House, and exempting them from the Trouble of other secular Affairs, that so, being reduced to their first and original Institution, they may the better intend the gaining of Souls to Heaven, by their frequent Preaching, and other divine Offices proper to their Function, a Work much more excellent than mingling in Temporal Businesses; and, in regard His Majesty cannot with Conveniency be present to give the Royal Assent unto these Two Bills in Person, He hath, to avoid all Shew of Delay, done it by Commission; which your Lordships, and the Gentlemen of the House of Commons, may be pleased to hear it read, to your great Satisfaction, and the universal Content of the People in general."

Bills passed.

This being done, the Commission was read; and the Clerk of the Crown read the Title of the Bills; and then the Clerk of the Parliament pronounced the Royal Assent, in these Words:

"Le Roy le veult."

After this, the King's Message was read, in hæc verba: videlicet,

"CHARLES R.

Message from the King about them.

"Right Trusty and Well-beloved Counsellor, We greet you well. Our Will and Pleasure is, That you deliver the Message inclosed, to be read in Parliament as soon as Our Royal Assent shall be given for the passing of the Two Bills concerning Bishops Votes and the pressing of Men; for which this shall be your Warrant. Given at Our Court at Canterbury, this 13th of February, 1641.

"Though His Majesty is assured that His having so suddenly passed these Two Bills, being of so great Importance, and so earnestly desired by both Houses, will serve to assure His Parliament that He desires nothing more than the Satisfaction of His Kingdom; yet, that He may further manifest to both Houses how impatient He is till He find out a full Remedy to compose the present Distempers, He is pleased to signify,

That He will put in Execution the Laws against Recusants;

"That His Majesty will, by Proclamation, require that all Statutes made concerning Recusants be, with all Care, Diligence, and Severity, put in Execution.

and banish the condemned Priests.

"That His Majesty is resolved, That the Seven condemned Priests shall be immediately banished (if His Parliament shall consent thereunto); and His Majesty will give present Order (if it shall be held fit by both Houses), That a Proclamation issue, to require all Romish Priests, within Twenty Days, to depart the Kingdom; and, if any shall be apprehended after that Time, His Majesty assures both Houses, in the Word of a King, that He will grant no Pardon to any such without Consent of His Parliament.

Liturgy.

"And, because His Majesty observes great and different Troubles to arise in the Hearts of His People, concerning the Government and Liturgy of the Church; His Majesty is willing to declare, That He will refer the whole Consideration to the Wisdom of His Parliament, which He desires them to enter into speedily, that the present Distractions about the same may be composed; but desires not to be pressed to any single Act, on His Part, till the whole be so digested and settled by both Houses, that His Majesty may clearly see what is fit to be left, as well as what is fit to be taken away.

Ireland.

"For Ireland (in Behalf of which His Majesty's Heart bleeds), as His Majesty hath concurred with all Propositions made for that Service by His Par liament, so He is resolved to leave nothing undone for their Relief, which shall fall within His possible Power, nor will refuse to venture His own Royal Person in that War, if His Parliament shall think it convenient for the Reduction of that miserable Kingdom.

Trade.

"And lastly, His Majesty taking Notice, by several Petitions, of the great and general Decay of Trade in this Kingdom, and more particularly of that of Cloathing and new Draperies, concerning which He received lately at Greenwich a most modest but earnest Petition from the Cloathiers of Suffolke, of which Decay of Trade His Majesty hath a very deep Sense, both in respect of the extreme Want and Poverty it hath brought, and must bring, upon many Thousands of His Loving Subjects, and of the Influence it must have (in a very short Time) upon the very Subsistance of this Nation; doth earnestly recommend the Consideration of that great and weighty Business to both Houses; promising them that He will most readily concur in any Resolution their Wisdoms shall find out, which may conduce to so necessary a Work."

This being ended; the House of Commons departed, and went to their own House.

Committee to prepare an Address of Thanks to the King for this Message.

Then it was moved, "That His Majesty might receive Thanks and Acknowledgements for His Grace and Goodness, expressed in giving His Royal Assent this Day to these Two Bills, and likewise for His Message now read; and that the House of Commons might be moved to join with this House therein;" which Motion was liked of, and Ordered accordingly. And these Lords following were appointed to draw up what is fit to be presented to the King, by Way of Thanks: videlicet,

L. Admiral.
Comes Pembrooke.
Comes Sarum.
Comes Holland.
L. Viscount Say & Seale.
Ds. Kymbolton.
Ds. Brooke.
Ds. Robartes.

These Lords withdrew presently.

Ordered, That the Lord Admiral, the Lord Chamberlain, the Earl of Holland, and the Earl of Stamford, shall be added to the Committee for Sir Francis Popham's Bill.

Capt. Appleton's Business.

Ordered, That Mr. Justice Foster do take the Examinations in Captain Appleton's Business, and report the same to this House.

Sir John Blagrave's Bill.

Ordered, That these Lords following shall be added to the Committee concerning Sir John Blagrave's Bill: videlicet,

Comes Pembrooke.
Comes Dover.
Comes Bollingbrooke.
Comes Peterborough.
Comes Stamford.
Comes Portland.
Ds. St. Johns.
Ds. Spencer.

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

Conference on the Bill against Pluralities, &c. agreed to.

To let their Lordships know, that whereas their Lordships sent to the House of Commons, to desire a Conference, by a Committee of both Houses, touching the Bill against Pluralities; and the House of Commons returned Answer, That they would send an Answer, by Messengers of their own; they are now ready to give a Meeting, as is desired, if they shall please so to appoint.

The Answer hereunto returned was:

Answer.

This House will give a Meeting, at Two of the Clock this Afternoon, in the Painted Chamber.

The Lord Robartes reported a Draught of what the Committee thought fit to be presented to the King, by Way of Thanks for passing the Two Bills, and His Message this Day, which was read, as followeth: videlicet,

Address of Thanks to the King drawn up;

The Lords and Commons assembled in Parliament do with much Joy receive, and with Thankfulness acknowledge, Your Majesty's Grace and Favour, in giving Your Royal Assent to a Bill, intituled, An Act for disenabling all Persons in Holy Orders to exercise any Temporal Jurisdictions or Authority; and also Your Majesty's Care for Ireland, expressed in the Dispatch of the Bill for Pressing, so much importing the Safety of that and this Kingdom; and they do with the like Thankfulness acknowledge Your Majesty's gracious Favour, expressed in the Message to both Houses, That Your Majesty will not grant any Pardon to any Romish Priest, without Consent of the Parliament."

Ordered, That this House approves of this Thanks to be presented to the King; and appoints the Earl of Stamford and the Lord Chandois to join with a proportionable Number of the House of Commons, to present the same from both Houses.

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

and sent to the Commons.

To deliver to them the Copy of the King's Message, this Day read; and also the Copy of the Thanks which is to be given to the King, for giving His Royal Assent to the Two Bills this Day; and to let the House of Commons know, that this House hath appointed Two Lords to present the same to the King, and to desire them to join with this House therein.

Earl of Arundel, about Words.

Information was this Day given to this House, "That one Daniell Citty heard one Mr. Abden, of Strettam, say, That the Earl of Arundell had advised him not to stay in England; and that he would advise every Friend of his to go out of England as soon as he could, or Words to that Effect; and Mr. Crosby heard the same Words from Mr. Abden, being in Company with the said Citty.

"Also that Humphry Hinton heard the same Mr. Abden say, That he conceived it more dangerous with us now than ever heretofore, and that upon good Intelligence; and that he himself intended to depart the Kingdom."

Witnesses sent for about it.

Hereupon this House Ordered, That the aforesaid Daniell Citty, Mr. Abden, Humphrey Hinton, and Mr. Crosby, shall be sent for, to attend this House, concerning this Business.

Letters going to Ireland staid.

Committee to peruse them.

The Lord Admiral acquainted this House, "That there (fn. *) was a Ship taken in one of our Havens in Cornwaile, which was bound for Ireland; and, being searched, there were divers Men Passengers in Soldiers Habits, who, upon Examination, proved to be Friars and Jesuits, Irishmen, going for Ireland; and, upon further Inquiry, there was found a Chest in the Ship, which, being opened, was found to have above a Thousand Letters in it." Hereupon the House appointed these Lords following to open and peruse these Letters, and to report the same to this House: videlicet,

The L. Admiral.
E. of Leycester.
E. of Warwicke.
E. of Holland.
Ds. Kymbolton.
Ds. Robartes.

To meet To-morrow Morning, at Eight a Clock, at the Lord Admiral's House.

Ld. Dudley's Privilege. Pickis discharged.

Ordered, That Agmon Pickis, Solicitor to the Lord Dudley, being arrested contrary to the Privilege of Parliament, shall be released of his present Restraint.

Earl of Peterborough's Complaint of some Words spoke against him by Mr. Tate in the H. C.

This Day the Earl of Peterborough complained to this House, "That there is dispersed about the Town a Report, occasioned by some Words which one Mr. Tate, a Member of the House of Commons, spoke in that House of his Lordship, which he conceived was much to the defaming of his Honour, and a Scandal to him; therefore desired their Lordships to take the same into their Consideration, and give him what Reparation they should think fit for the same."

Then his Lordship withdrew himself; and this House considering that Mr. Tate was a Member of the House of Commons, and the Words said in that House, their Lordships were of Opinion, That this House could not take any Cognizance of what is spoken or done in the House of Commons, unless it be by themselves, in a Parliamentary Way, made known to this House; neither that Mr. Tate be called to give Reparation, without Breach of their Privileges of Parliament, unless the House of Commons consent to it. But this House thought it fit, That the Lord Keeper, by Directions of this House, should let the Earl of Peterborough know, That his Lordship stands right in the good Opinion of this House, as a Person of great Honour and Worth, notwithstanding that Report of his Lordship." Which was done accordingly; and the Earl of Peterborough gave their Lordships Thanks for the same.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 2a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Message from the H. C. about Thanks to the King from both Houses.

A Message was brought from the House of Commons, by the Lord Lisle:

To let their Lordships know, that the House of Commons do agree and concur with their Lordships, in the presenting of the Thanks to the King; and that they have appointed a proportionable Number of their Members to join with the Two Lords appointed by this House, to attend His Majesty.

Conference on the Bill against Pluralities, &c.

The House of Commons being in the Painted Chamber, attending the Conference about the Bill of Pluralities; this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Message from the H. C. with an Impeachment against the Attorney General, for exhibiting Articles against Ld. Kymbolton and the others.

A Message was brought from the House of Commons, by Mr. Serjeant Wylde; who said, "He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to impeach before their Lordships, and did impeach, in the Name of the House of Commons assembled in Parliament, Sir Edward Herbert, Knight, His Majesty's Attorney General, of High Crimes and Misdemeanors:

That he the said Sir Edward Herbert, Knight, His Majesty's Attorney General sworn, the Third Day of January, in the Year of our Lord God 1641, contrary to his Oath and the Duty of his Place, did, falsely, scandalously, and maliciously, advise, contrive, and publish, certain false, scandalous, and malicious Articles of High Treason, against the Lord Kymbolton, one of the Members of the House of Peers in Parliament, Denzill Holles, Esquire, Sir Arthur Haslerigge, Baronet, John Pym, John Hampden, and William Strode, Esquires, being then and yet Members of the House of Commons in Parliament; a Copy of which Articles the House of Commons have commanded to be delivered to their Lordships.

And the said Sir Edward Herbert, the said Third Day of January, did falsely and maliciously exhibit the said Articles in the said House of Peers, and caused the same to be entered into the Clerk's Book of this House, intending and endeavouring thereby, falsely, unlawfully, and maliciously, to deprive the said Houses of their said several Members, and to take away their Lives, Estates, and good Names.

All which Doings of the said Sir Edward Herbert, and every of them, were and are high Breaches of the Privileges of Parliament, tending to Sedition, and to the utter Subversion of the ancient Rights and Being of Parliament, and Liberty of the Subject, and to the great Scandal and Dishonour of His Majesty and His Government, and were and are contrary to the Oath of the said Attorney General, and to the great Trust reposed in him by His Majesty, and contrary to the Laws of this Realm, and a great Derogation to His Majesty's Royal Crown and Dignity.

For which high Crimes and Misdemeanors, the said House of Commons, saving to themselves the Liberty of exhibiting any further or other Impeachment or Accusation against the said Sir Edward Herbert, do impeach him; and do pray, that he may be forthwith put to answer the Premises, in the Presence of the Commons, and desire that his Person may be secured."

Attorney General to attend and hear his Charge.

Hereupon it was Ordered, That Mr. Attorney General shall be sent for, to hear his Charge read; and that he shall stand in his Place.

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

Message from the H. C. for opening a Packet of Ld. Digby's Letters to Mr. Secretary Nicholas;

To present to their Lordships a Packet of Letters, written by the Lord Digby, directed to Mr. Secretary Nicholas, from Holland, which Packet was brought to the House of Commons by a Merchant: Now, in regard of the Manner of the Lord Digbie's going away out of this Kingdom, the House of Commons desire that a Committee of Lords may be appointed, to open and peruse this Packet of Letters, in the Presence of some Members of the House of Commons.

and about Woolley Leigh's Petition, concerning Wingfield being protected by the Earl of Peterborough.

Also to let their Lordships (fn. *) know, that the House of Commons have had a Petition presented unto them from Mr. Woolley Leigh, concerning a Protection given to one Edward Maria Wingfeild, by the Earl of Peterborough; but, in regard it concerns a Peer of this House, the House of Commons do present it to their Lordships Consideration.

Committee for opening Lord Digby's Letters to Secretary Nicholas.

The House taking this Message into Consideration; Ordered, That these Lords following do presently meet with a proportionable Number of the House of Commons, and open the Packet of Letters, and report the same to this House:

Comes Bedford.
Comes Pembrooke.
Comes Leycester.
Comes Sarum.
Ds. Spencer.
Ds. Howard de Charleton.
Ds. Robartes.
Ds. Seymour.

Woolley Leigh's Petition referred to them.

Ordered, That the Petition of Wooley Leigh is referred to the aforesaid (fn. †) Committee for opening Letters.

Answer to the H. C.

The Messengers were called in; and told, "That this House hath appointed a Committee, to meet with a proportionable Number of the House of Commons, to open the Packet of Letters presently, in the Painted Chamber. As for the Petition of Mr. Wolley Leigh, their Lordships will take it into Consideration in due Time."

Mr. Attorney's Impeachment read to him.

After this, Mr. Attorney General being come into the House, he standing in his Place as Assistant, the Impeachment brought up from the House of Commons against him was read.

After which, Mr. Attorney desired Leave of the House of speak; which being granted, he humbly desired he might have a Copy of the said Impeachment, and such Time to answer as their Lordships do usually in Justice allow to others.

Time given him to answer.

Then, Mr. Attorney being withdrawn, the House taking the said Request into Consideration, Ordered, That Mr. Attorney shall have a Copy of this Impeachment brought from the House of Commons, and Eight Days Time given him to make his Answer thereunto; and that he put in good Security for his Appearance then.

Upon this, the Earl of Monmouth proffered to be Security for Mr. Attorney General; and presently entered into a Recognizance, as followeth:

Bail taken for him.

Henricus Comes de Monmouth recognovit se debere Domino Regi in Quinque Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the abovesaid Recognizance is, That, if Mr. Attorney General do appear here before the Lords in Parliament this Day Sevennight, then this Recognizance to be void; else to remain in full Force and Power.

A Message was brought from the House of Commons, by the Lord Fairefaix:

Message from the H. C. about a Letter from Mr. West to the Members for Yorkshire.

To present to their Lordships a Letter, written from one Mr. West, a Justice of the Peace in the County of Yorke, to the Knights of that Shire that serve in Parliament; and, because it concerns a Member of this House, the House of Commons have sent it up to their Lordships.

Arms of the Earl of Arundel.

(Vide the Letter.)

The which Letter was read; the Effect whereof was, That there are Arms of the Earl of Arundle's at Sheffeild, in the Custody of one Jackson, a convicted Recusant; and that one Kellam Homer, an Armour-dresser, that hath the Charge of dressing those Arms, hath lately spoken Words, That, before May-day, they should hear such a Peal rung in Sheffeild as had not been heard these Hundred Years; many other Words were spoken by the said Homer, and William Chapman his Man, as may appear more at large in the Letter."

Lord Lieutenant of Yorkshire to secure these Arms.

Hereupon this House Ordered, That the Earl of Essex, Lord Chamberlain of His Majesty's Household, and Lord Lieutenant of Yorkeshire, shall forthwith take Care, that the said Arms shall be secured, to the Use of the right Owners, until the Pleasure of this House be further known; and further it is Ordered, That the Gentleman Usher attending this House, his Deputy or Deputies, shall attach, or cause to be attached, and brought before this House, the Bodies of Kelham Homer, Armour-dresser to the Earl of Arundell, and William Chapman his Man, to answer such Things as they stand charged with; and that William West, Esquire, One of His Majesty's Justices of the Peace in the County of Yorke, shall return up unto this House Richard Lockwood's Deposition, and what else he can inform this House in this Cause.

Answer.

Then the Messengers were called in; and were told by the Lord Keeper what the House had ordered as aforesaid.

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

Message from the H. C. to move the King for His Assent to the Ordinance about the Militia.

To desire that those Messengers that carry the Thanks to the King may also present unto Him the Ordinance of Parliament touching the Militia, and humbly desire His Assent unto it; and further, that the House of Commons do desire that their Lordships would grant Commissions unto those Persons named in the Ordinance, according to the Desires of both Houses.

The Answer returned to this Message was:

Answer.

That this House agreed to present the Ordinance to His Majesty, as they desire; but do think it fit that the Lords Lieutenants Names be inserted in the Ordinance, and the King be first moved to pass His Royal Assent, before that Commissions be granted to the Lieutenants named in the said Ordinance.

Ordinance for the Militia to be presented to the King for His Assent to it.

After this, it was moved, "That the Thanks may be presented to the King by itself, and not joined with the Ordinance;" which was thought fit; and the Earl of Stamford and the Lord de Grey were appointed to attend, and present the Ordinance for the Militia to the King by itself, when the Names are inserted, and to desire His Majesty that He will please to give His Royal Assent thereunto.

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

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

To let the House of Commons know, that this House hath appointed Two Lords to attend the King, with the Ordinance of Parliament touching the Militia, and to desire His Royal Assent thereunto; and also desire that the House of Commons would appoint a proportionable Number of their House to join with them.

The Messengers return this Answer from the House of Commons:

Answer.

That they have appointed a proportionable Number of their House, to join with the Two Lords, to present the Ordinance concerning the Militia to the King, and to desire His Royal Assent thereunto.

Report from the Committees for opening Lord Digby's Letters.

Next the Lord Robartes reported, "That the select Committees of both Houses had met, and opened the Packet of Letters, wherein there was Five Letters, whereof the Committees had opened and read Four; but the other, in regard of the Direction and Superscription being to the Queen, they have forborn to open it, without further Direction from the Houses."

Sir Lewis Dives to attend about them.

Two of the aforesaid Letters, written from the Lord Digby to Sir Lewis Dives and Mr. Secretary Nicholas, were read in this House: Thereupon the House Ordered, That Sir Lewis Dives shall have Notice given him to attend this House forthwith, to be examined, by the Committees of both Houses that opened the Letters, concerning the Letters which are sent to him.

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

Message from the H. C. to defer the Trial of the Twelve Bishops;

To desire of their Lordships, that, in regard of their many great and important Occasions now depending before them, that the Day of Trial of the Twelve Bishops that are impeached by the House of Commons for High Treason may be on Friday come Sevennight; and the House of Commons will require no further Time.

and about the Order concerning Major General Skippon.

2. He was commanded to acquaint their Lordships, and desire their Concurrence in an Order made by the House of Commons, concerning Serjeant Major General Skippon.

Trial of the Bishops put off;

they may be bailed.

The House (fn. *) having taken this Message into Consideration; Ordered, That the Day for the Trial of the Twelve Bishops shall be on Friday come Sevennight peremptorily; and, in regard they have been manytimes put off from Day to Day from Trial, and many of them being aged Men, it is further Ordered, That the said Twelve Bishops shall be bailed, if they can bring such good Security as this House shall approve of, for their appearing on Friday come Sevennight.

Serjeant Major General Skippon.

Next, the Order concerning Serjeant Major Skippon was read, in hæc verba: videlicet,

Guards upon The Tower.

"Whereas, upon the Twelfth of January last past (amongst other Things in that Order), it is Ordered, by the Lords and Commons in Parliament, in these Words: "And, for the better Safety of The Tower, it is further Ordered by both Houses of Parliament, That the Sheriffs of London and Midd. shall appoint and place a sufficient Guard about The Tower, both by Land and Water, under the Command of Serjeant Major Skippon, Commander of the Guards of the Parliament; and that those Guards be careful to see the former Order observed."

"Now, whereas the said Serjeant Major having (in his great Care and Faithfulness) given his Advice to the said Sheriffs, concerning what Guards he conceived to be fitting, and how the same Guards ought to have been ordered, by Water and Land, as he thought most advantageous for the said Service; whereas also the said Serjeant Major hath given his further Advice and Order, to divers other Persons, concerning the timely Discovery and Preventing of any Thing that might have been attempted or done contrary to the Intent of the said Order of both Houses of Parliament; and whereas the said Serjeant Major Skippon hath, according to the Trust reposed in him by the City of London, placed the Trained Bands of the said City at the further End of Tower Street, as he conceived to be most for the Safety of the City: All and every Particular of which Premises, and whatsoever else in the same Kind, and to the same Ends, that he the said Serjeant Major hath advised or done, or shall advise or do, according to the Order aforesaid, is hereby well approved of, and fully warranted, by both Houses of Parliament, as being for the real good Service of His Majesty and the Commonwealth, as also for the Safety of the Parliament and City, and is, in all and every Part thereof, according to his Duty, the last Protestation, and the Laws of this Kingdom; and, if any Person shall arrest, or any other Way trouble him, for so doing, he doth break the Privilege of Parliament, violate the Liberty of the Subject, and is hereby declared an Enemy to the Commonwealth."

Ordered, That this House agrees with the House of Commons in this Order, adding these Words ["according to the Order aforesaid"].

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

The Messengers were called in; and the Lord Keeper gave them this Answer from the House: "That the Lords agree to the putting off the Trial of the Twelve Bishops until Friday come Sevennight; and concerning the Order made by the House of Commons, touching Serjeant Major General Skippon, this House agrees with the House of Commons therein, adding the Words ["according to the Order aforesaid"].

Message from the H. C. for Lord Digby's Letter to the Queen, to be opened.

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

To let their Lordships know, that the House of Commons understand, by their Committee that were appointed to join with the Committee of Lords for opening of a Packet of Letters, that there is a Letter written by the Lord Digby to the Queen, which they did forbear to open, in regard it was directed to the Queen; which the House of Commons having taken into Consideration, have voted, "That they are of Opinion that the said Letter should be opened;" and they desire their Lordships would join with them, to give Power that the said Committees may open it, and read it.

The Answer hereunto returned was:

Answer.

That this House will send an Answer, by Messengers of their own, presently.

This Message being conceived to be a Thing of great Consequence; the House Resolved, To have a Free Conference with the House of Commons, to see if there could be any Accommodation of this Business any other fit Way, without opening the Letter directed to the Queen.

Message to the H. C. for a Conference about it.

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

To desire a Free Conference, by a Committee of both Houses, touching the Letter written by the Lord Digby to the Queen.

Lord Keeper Leave to be absent, and L. C. J. C. P. chose Speaker in his Absence.

The Lord Keeper, being not well, desired the House would give him Leave to be absent, and dispense with his Attendance, until he were better able, in regard of his Health, to serve this House: Hereupon the House dispensed with the Lord Keeper's Absence; and presently chose the Lord Chief (fn. *) Justice of the Common Pleas to be Speaker for this Day.

The Earl of Leycester,
Earl of Holland,
Lord Pagett, and the
Lord Robartes,

Were appointed by this House to report this Conference.

The Messengers return this Answer from the House of Commons:

Answer from the H. C.

That they will give a Meeting presently, in the Painted Chamber, as is desired.

Conference reported.

Then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Pagett reported the Effect of the aforesaid Free Conference:

Reasons of the Commons for opening Lord Digby's Letter to the Queen.

"That the House of Commons say as yet, they see no Reason yet offered to alter their Vote for opening the Letter written from the Lord Digby to the Queen; and that for these Reasons:

"1. It concerns the Safety of the Kingdom; and, by this Means, the evil Spirit and Counsels of the Lord Digby may be discovered and prevented.

"2. If this Letter be delivered to the Queen unopened, their Majesties will be put to a great deal of Trouble to discover what is presented to them in those Letters.

"3. There will be Time lost to prevent this Danger, if ill.

"It was also declared, that this Thing being of ill Consequence, and since of late they have had very good Reason to suspect him as an ill Instrument, they conceive they ought not to lose so happy an Occasion offered to do the State Service; which, if neglected, they shall not be able to answer it to the State."

Committee to open it.

Hereupon, after much Debate, it is Ordered, That the Committees shall have Power to open the Letter sent from the Lord Digby, directed to the Queen.

The Lord Strange was approved of, to be Lieutenant for the County of Chester, and County and City of Chester.

Phillip Lord Wharton was this Day approved of by this House, to be Lieutenant of the County of Lancaster.

The E. of Newcastle's Commission for Hull.

The Earl of Newcastle brought in his Commission concerning Hull, which was read, as followeth:

"CHARLES R.

"Trusty and Right Well-beloved Cousin and Counsellor, We, being confident of your Affection and Fidelity to Our Service, do command you, upon your Duty and Allegiance, immediately upon the Sight hereof, to repair in Person, with all possible Speed, into our Town of Hull, and to take Our said Town of Hull, and Our Magazine there, into your Care and Government; and We do further require you to take into the said Town of Hull the Regiment of Sir Thomas Mettam, or any other Force that you shall think necessary for the Defence of that Place. And We do strictly command you to keep the said Place and Magazines for Us, against Attempts whatsoever; and We do farther command you not to forsake or deliver up the said Place, upon any Command whatsoever, other than under Our own Hand; and We do, by these Presents, command all Lieutenants, Deputy Lieutenants, and all other Officers whatsoever within Yorkeshire, to obey your Commands, for Our Service; and We do hereby command particularly Sir Thomas Mettam, the Mayor, and other Officers of Hull, and Captain William Legg, Keeper of Our Magazine there, to yield Obedience to your Commands, for the securing of that Place. For all which this shall be your sufficient Warrant. Given under Our Hand at Hampton Court, the 11th of January, 1641.

"For Our Right Trusty and Well-beloved Cousin and Counsellor, the Earl of Newcastle.

"Execute this with all Diligence and Secrecy until ye come upon the Place.

"C. R."

E. of Newcastle Leave to be absent.

Ordered, That the Earl of Newcastle is excused from any further Attendance upon this House concerning this Business, and hath Leave to go into the Country.

Order for conveying Arms from Hull to Chester.

"Whereas Arms and Ammunition are speedily to be conveyed with Safety, for His Majesty's special Service, from the Town of Hull, in the County of Yorke, to the City of West Chester; it is Ordered, by the Lords in Parliament, That you shall, with all Care and Diligence, provide Carts, Teams, and Horses, for the convenient and safe carrying of the said Arms and Ammunition, from the said Town of Hull to West Chester aforesaid (the usual Rates being paid for the same); wherein you may not fail to use all possible Diligence, for the aiding and assisting of such Ministers as shall be employed by the Right Honourable the Earl of Leycester, Lord Lieutenant of Ireland, in this Service, as you tender the high Displeasure of this House, and will answer the contrary at your uttermost Perils; for which this shall be your Warrant.

"To all Mayors, Sheriffs, Justices of Peace, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting to this Service, unto the Ministers employed by the said Earl of Leycester."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 15m diem instantis Februarii, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Origin. give.
Deest in Originali.
* Deest in Originali.
* Deest in Originali.
Origin. Petition.
* Deest in Originali.
* Deest in Originali.