DIE Sabbati, videlicet, 12 die Martii.
The Earl of Leycester, Lord Lieutenant of Ireland,
was appointed to be Speaker of the House this
Report of the Declaration presented to the King.
The Lords that were appointed to present the Declaration to the King reported, "That they have presented the same to His Majesty on Wednesday last, at
Newmarket; and on Thursday they received this Answer from His Majesty;" which was read, in hæc verba: videlicet,
The King's Answer to the last Declaration about Fears and Jealousies.
"I am confident that you expect not I should give
you a speedy Answer to this strange and unexpected
Declaration; and I am sorry (in the Distraction of
this Kingdom) you should think this Way of Address
to be more convenient than that proposed by My Message of the 20th of January last to both Houses.
"As concerning the Grounds of your Fears and Jealousies, I will take Time to answer them particularly;
and doubt not but I shall do it to the Satisfaction of
all the World.
"God, in His good Time, will (I hope) discover the
Secrets and Bottoms of all Plots and Treasons; and
then I shall stand right in the Eyes of all My People.
In the mean Time, I must tell you that I rather expected a Vindication for the Imputation laid on Me
in Mr. Pym's Speech, than that any more general Rumours and Discourses should get Credit with you.
"For My Fears and Doubts, I did not think they
should have been thought so groundless or trivial, whilst
so many seditious Pamphlets and Sermons are looked
upon, and so great Tumults are remembered, unpunished, uninquired into. I still confess My Fears; and
call God to Witness that they are greater for the
true Protestant Profession, My People, and Laws, than
for My own Rights or Safety; though I must tell
you, I conceive that none of these are free from
"What would you have? Have I violated your Laws?
Have I denied to pass any One Bill for the Ease and
Security of My Subjects? I do not ask what you have
done for Me.
"Have any of My People been transported with
Fears and Apprehensions? I have offered as free and
general a Pardon as yourselves can devise. All this
considered, there is a Judgement from Heaven upon
this Nation, if these Distractions continue.
"God so deal with Me and Mine, as all My Thoughts
and Intentions are upright, for the Maintenance of
the true Protestant Profession, and for the Observation and Preservation of the Laws of this Land; and I
hope God will bless and assist those Laws, for My
"As for the additional Declaration, you are to expect an Answer to it, when you shall receive the Answer to the Declaration itself."
This being read; the House Ordered, That it shall
be communicated to the House of Commons; and accordingly it was presently sent to the House of Commons, by Sir Robert Rich and Mr. Page.
Attorney General appeared again with his Counsel.
Next, Mr. Attorney General was called in, with his
Counsel, to proceed in his Defence; and first, Mr. Serjeant Pheasant made it his humble Petition to this House,
"That, in regard this Business requires so much Pains
to attend, which, by reason of the many Infirmities
of Body, he is not able to perform, he desires their
Lordships Favour, that he may be dispensed withall
from being of Counsel with Mr. Attorney in this
Which this House, upon the aforesaid Reasons, dispensed with; and Ordered the same accordingly.
After this, Mr. Serjeant Greene also said, "That he,
being assigned by this House to be of Counsel with
Mr. Attorney General in this Business on Thursday,
he submits to their Lordships Order, and hath been
at divers Meetings with the rest of Mr. Attorney's
Counsel; but he finds the Business so intricate to be
put into a Method in so short a Time, and the Records to be perused are so many, that he cannot,
upon such a short Warning, adventure to take upon
him to make the Defence; therefore humbly desired,
that their Lordships would please to excuse him at
this Time, and give some further Time for him to
prepare himself for to make the Defence."
And Mr. Attorney and his Counsel being withdrawn,
the House took this Desire into Consideration; and,
after Debate, whether Mr. Attorney's Business should
be proceeded in now, according to the Order of this
House made on Thursday last; it was put to the Question, and Resolved,
That this House will proceed in Mr. Attorney's Business now presently, according to the Order of this
House on Thursday last.
Then Mr. Attorney General and his Counsel were
called in; and the Speaker, by the Directions of this
House, told Mr. Attorney, "That the House had resolved to proceed in his Business now presently, and
expected he should make his Defence."
Hereupon Mr. Herne, Counsel with Mr. Attorney,
desired, "That the Impeachment against Mr. Attorney,
and his Answer thereunto, may be once more read;"
which were read accordingly.
Message from the H. C. with the Bill for raising Monies for Defence of the Kingdom.
A Message was brought from the House of Commons, by Mr. Serjeant Wyld; who brought up a Bill,
intituled, "An Act for the raising and levying of Monies, for the necessary Defence and great Affairs of
the Kingdoms of England and Ireland; and for the
Payment of Debts undertaken by the Parliament;"
which he was commanded to desire their Lordships to
give Expedition therein, because it is a Bill of great
And for the Lords to fit P. M.
2. The House of Commons desired, that their Lordships would be pleased to sit this Afternoon, because the
House of Commons intend to come up to their Lordships,
about some important Business.
The Answer returned to the Messengers was:
That this House will take the Bill now brought up
into speedy Consideration, and will sit this Afternoon,
as is desired.
Powell sent for, for printing a false Letter of the Queen's to Ld. Digby.
Upon Complaint made to this House, "That there
is printed and published abroad a supposed Letter,
which the Queen should write to the Lord Digby, in
Answer to his Letter, which feigned Letter is scandalous to Her Majesty;" it is thereupon Ordered,
That the Gentleman Usher, or his Deputy, shall attach
the Body of Thomas Powell, the Printer of the said Letter,
and bring him before this House, that so the Author
and Contriver of the Letter may be found, that so
they may receive such Punishments as this House in
Justice shall think fit to impose upon them.
Attorney General to attend this Afternoon.
Ordered, That Mr. Attorney General shall attend
again, with his Counsel, this Afternoon, at Two of the
Clock, at which Time this House will proceed further in
hearing his Defence.
Comes de Leycester declaravit præsens Parliamentum
continuandum esse in post meridiem hujus instantis diei,
hora 2a, Dominis sic decernentibus.
The Earl of Leycester, Lord Lieutenant of Ireland, was appointed by
this House to be Speaker this Afternoon.
Ld. Pagett's Commission for Bucks.
The Lord Pagett delivered in his Commission of Lieutenancy for the County of Bukingham.
Attorney General's Counsel released.
Upon the humble Petitions of Sir Tho. Bedding feild,
Knight, and Sir Tho. Gardiner, Recorder of the City of
London, acknowledging their Lordships Order to be just,
and desiring that their Offences may be remitted, and
Order for their Enlargement; it is Ordered, That
the said Sir Tho. Beddingfeild and Sir Tho. Gardiner shall
be forthwith released of and from their present Restraint
and Imprisonment in The Tower of London.
Next, Mr. Attorney, with his Counsel, were called
in; and the Speaker having told the Counsel that they
should proceed in making Mr. Attorney's Defence, Mr.
Herne proceeded; and said, "That, for the Matter of
Fact, nothing appears by Way of Charge but the exhibiting of the Articles; and that no Witness was
produced in all the Cause, to prove any Crime; and
then there is but an Impeachment, and a Denial, and
no Act proved, but what is confessed, which is the exhibiting of the Articles:" And further alledged, "That
whereas Mr. Attorney is charged to do the Fact maliciously, Mr. Attorney did nothing but by Command
of the King, and knew not of the Articles until they
were delivered to him by His Majesty."
Next, Mr. Chute, one other of Mr. Attorney's Counsel, said, "That it is the Duty of Mr. Attorney to prosecute the King's Causes in all Courts of Record,
when he shall be called, and to be attendant in all
the King's Matters." To this Purpose, he read Mr.
Further he alledged, "That the King's Datum est
intelligi, is Warrant enough to Mr. Attorney to proceed against any Person; as the Record of 4 Ed. III.
Rot. 38, where Will. Archbishop of Yorke, upon Datum est Nobis intelligi, was brought before the King and
His Council, and prosecuted by His Attorney General."
Then he urged the Report of the Judges in the Earl
of Arundell's Cause, 1° et 2° Caroli Regis, 19 April
Also he said, "That the King's Attorney is bound,
by his Oath, to proceed in all Courts of Record,
though the King give him not Command; and that in
Parliament he hath prosecuted a Commoner at large.
As 33 Ed. I. Rot. 22. where Nicholas de Segrave was
summoned by the Sheriff of North'ton to appear coram Domino Rege, in proximo Parliamento suo apud
Westm. in primo Adventu Domini Regis ibidem, ad
audiendum Voluntatem ipsius Domini Regis super biis quæ
tunc ibidem proponere intenderet versus eum, et ad faciendum et recipiendum ulterius quod Curia Domini Regis
consideraret in præmissis. The said Nic. Seagrave appearing in Parliament, he was prosecuted for the King,
and accused by Nic. de Warrwyk, That he maliciously
stirred up Discord and Contention against John de
Crumbwell, who was employed by the King in the
War against the Scotts. A Day being given to make
Answer, Seagrave submitted, and acknowledged his
Offence. Upon this, the King desired the Advice of
the Lords what Punishment should be inflicted upon
Seagrave for such a Fact, being so fully and expressly confessed: The Lords gave this Judgment, That,
for this Fault, the said Segrave deserved to lose his
Life; yet the King, out of His special Grace and
Pity, remitted this Judgement of Life and Members,
and granted that the (fn. *) said Nic. Segrave should find
seven good and sufficient Men to be Bail for him,
Body for Body.
"In eodem Rot. the like Accusation was of Nic. de
Kingston and Robert Achard.
"Also 4 E. III. N° 16, Sir Tho. Berkcley and John
Mautravers were prosecuted in Parliament, for the
Murder of King Ed. II. and were tried and quitted by
"4 R. II. N° 17. Rause de Ferriers, Chivaler, was
prosecuted in Parliament, upon Suspicion of Treason.
"So Parliament. 17 R. H. N° 20. Thomas Talbott,
Chivaler, was accused in Parliament, for conspiring
the Death of Two (fn. *) of the King's Uncles."
The Counsel having spoken concerning the Matter of
Fact; Mr. Attorney made his own Defence to that
which concerned the Matter of Privilege of Parliament;
and he cited the Case of the Earl of Arundle, and the
Remonstrance made therein 19 April 1° and 2° Caroli.
Also he insisted upon the Case of the Earl of Bristoll,
1° et 2° Caroli. Then he cited the Case of Phillip
Courtney, Anno 16° R. II. N° 6.
And concluded, "That he did not conceive any Thing
urged against him can make up the Crime that he is
charged with, but only the Vote passed by both
Houses, touching the Breach of Privileges of Parliament;" and so submitted himself to the Justice of
this House, and withdrew with his Counsel.
Message from the H. C. with the Bill for the speedy reducing the Rebels in Ireland.
A Message was brought from the House of Commons, by Mr. Reynolds; who was commanded, to present a Bill to their Lordships, which hath passed the
House of Commons; and they desired their Lordships
Expedition herein. The Bill was intituled, "An Act
for the speedy and effectual reducing of the Rebels
in His Majesty's Kingdom of Ireland to their due
Obedience to His Majesty and the Crown of England."
For Deputy Lieutenants to be named speedily.
2. That the House of Commons desire their Lordships would appoint a speedy Day for the Lord Lieutenants of the several Counties of England and Wales to
deliver to the House of Commons the Names of such as
they think fit to offer, to be Deputy Lieutenants, that
so they may receive Approbation.
Ordered, That the Names of Deputy Lieutenants
be delivered in upon Monday next.
And for the Lords Concurrence in the following Order.
3. That the House of Commons desired their Lordships
Concurrence in an Order, which was read, as followeth:
Order to pay Mr. Loftus 2000£. for Ireland.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers
appointed by the Act of Contribution and Loan, towards the Relief of His Majesty's distressed Subjects
of the Kingdom of Ireland, do forthwith pay unto
Mr. Nicholas Loftus, Deputy Treasurer at War for
Ireland, or his Assigns, the Sum of Two Thousand
Pounds, out of those Monies that are come in by virtue of that Act, to be issued out by the Lord Lieutenant of Ireland's Warrant, for the Service of that
Ordered, That this House agrees and joins with
the House of Commons in this Order.
The Answer returned to the Messengers was:
Answer to the H. C.
That this House agrees with the House of Commons
in the Order for the Two Thousand Pounds, for the
Service of Ireland; and that their Lordships have appointed, that the Names of the Deputy Lieutenants
shall be delivered in on Monday next.
A Message was brought from the House of Commons by Mr. Morley:
A Message from the H. C. concerning some Words in the King's Answer.
To let their Lordships know, that they having perused the King's Answer in Print, to the Declaration
of both Houses, they find that, in the Preface, there
are these Words; videlicet, "I am confident that you
expect not that I should give you a speedy Answer
to this strange and unexpected Declaration;" which
Words ["strange and unexpected"] the House of
Commons conceives reflect much upon both Houses of
Parliament; therefore they desire that their Lordships
would join with the House of Commons, that the Declaration last presented to His Majesty, with the additional Reasons, be forthwith printed and published,
for the Satisfaction of the Kingdom.
The Declaration to the King, and additional Reasons, to be printed.
The Consideration of this Desire took up some Debate; and, it being put to the Question, it was Resolved,
That this House doth join with the House of Commons, for the printing and publishing of the Declaration, and additional Reasons, last presented to the King.
Protest against it.
These Lords following, before the putting of the
Question, desired Leave of the House to enter their
Dissents to this Vote; which being granted, they accordingly entered their Dissents:
The Answer returned to the House of Commons by
the Messengers was:
Answer to the H. C.
That this House doth join with the House of Commons, That the Declaration, and the additional Reasons,
last presented to the King, shall be printed and published.
A Message was brought from the House of Commons, by Mr. Marten:
Message from the H. C. about settling the Commission for Ireland.
That their Lordships would please to give Expedition
in the Instructions formerly brought up, for settling a
Commission for the Affairs of Ireland.
The Answer returned was:
That this House will (fn. *) take the said Instructions into
Consideration, and give Expedition therein.
Comes de Leycester declaravit præsens Parliamentum
continuandum esse usque in diem Lunæ, videlicet, 14m
diem Martii, 1641, hora 8a Aurora, Dominis sic decernentibus.