House of Lords Journal Volume 6: 22 January 1644

DIE Lunæ, videlicet, 22 Januarii.

PRAYERS.

Lords present this Day:

Ds. Gray de Warke, Speaker this Day.

Archbishop of Canterbury at the Bar.

This Day being appointed for the Archbishop of Canterbury to put in his Answer to the First and further Articles of Impeachment brought up from the House of Commons against him, the House commanded the Gentleman Usher of the Black Rod to bring him in; who brought him to the Bar, where he kneeled as a Delinquent, until he was bid by the House to stand up.

And then the Speaker demanded of him his Answer.

Desires to be heard by Counsel against the Articles of Impeachment.

The Archbishop answered, "That the First Articles are so full of Generals, there being no certain Time, Place, nor Fact, expressed, that his Counsel are not able to draw or advise him in an Answer; therefore he desired their Lordships would be pleased to hear his Counsel to offer to this House some Exceptions, before any Plea be pleaded, according to the Desire of his Petition to this House, the 19th of January."

Upon this, the House commanded him and his Counsel to withdraw.

Refused.

And the House took this Desire of the Bishop's into Consideration: And the House Ordered, To adhere to the former Order; and the Speaker to let him know, that this House expects his Answer now presently.

Desires Time to advise with his Counsel.

The Bishop was called in; the Speaker told him of the Order of this House as aforesaid.

Hereupon he humbly desired a little Time to advise with his Counsel now presently; which this House granted.

Message from the H. C. with Two Ordinances;

A Message was brought from the House of Commons, by Sir Gilb't Gherrard and others;

To desire their Lordships Concurrence in Two Ordinances:

1. An Ordinance for securing the Cities of London, Westm. and the County of Midd.

2. An Ordinance concerning the Regulating of Cambridge and the Ministers in the associated Counties.

and for the Committee of Safety to meet P. M.

3. To desire that the Committee for the Safety of the Kingdom may meet at the Star-chamber, this Afternoon, at Four of the Clock.

Agreed to.

The Answer returned was:

Answer.

That the Lords will meet this Afternoon, at the Committee for the Safety; and touching the Ordinances now brought up, their Lordships will (fn. 1) send an Answer by Messengers of their own.

The House called.

This Day this House was called; and these Lords following were absent; videlicet,

Committee to consider what is to be done concerning the absent Lords.

Ordered, That these Lords Committees following are appointed to consider what is fit to be done upon those Lords that are absent upon the Calling of the House this Day; and to report the same to this House:

Their Lordships, or any Five, to meet presently, in the Prince's Lodgings.

Ordinance to be brought in, to prevent the Adjournment of the next Term.

It was moved, "That an Ordinance may be made by both Houses, to prevent the Adjournment of the next Term, and for the apprehending of such Persons as shall presume to bring any Writs to the Judges for that Purpose, that so they may be tried as Spies, according to Martial Law; and also to command the Judges, that they do not adjourn the next Term; and the Courts of Equity may be enjoined to sit this Term at the Courts at Westm. and for preventing all Clerks and Officers belonging to the Courts of Justice at Westm. from going to Oxon, or carrying any Records thence:" Which this House referred to the Consideration of the former Committees, to draw up an Ordinance to this Purpose, and to send it to the House of Commons for their Concurrence.

The aforesaid Committee did presently withdraw.

The Earl of Manchester reported from the Committee, That they have taken into their Consideration what Course to take for the preventing of the Adjournment of the next Term; and the Committee think it fit that it be considered of by a Committee of both Houses:"

Which this House approved of, and named,

Committee to consider of it.

The E. of Northumb.

E. of Manchester, and

The L. Viscount Say & Seale,

To meet with a proportionable Committee (fn. 2) of the House of Commons.

E. of Lannerick taken, with Orders, coming from Oxford.

The Lord General acquainted this House, "That the Earl of Lannericke was lately taken with others coming from Oxford, and are brought to London:"

And the Earl of Lannerike hath presented to this House a Petition; which was received, and read, as follows:

E. of Lannerick's Petition, for Leave to go to Scotland.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of William Earl of Lannericke,

"Humbly sheweth,

"That, being exceedingly sensible of and grieved for his Offences, and in particular in offering to your Lordships any Occasion to question him as an Incendiary, or to the Kingdom of Scotland to proceed to any Censure upon him, he humbly begs your Lordships would be pleased to forget such Miscarriages of his as hath occasioned your Lordships Displeasure, seeing he is resolved, with God's Assistance, by his future Carriage, to endeavour and study to regain what he may have lost in your Lordships and their Esteems; and further he humbly desires your Lordships would be pleased to allow him to go into Scotland, in such Manner as in your Wisdoms you will think fit to ordain, that he may in all Humility submit to their Justice.

"And Your Petitioner shall ever pray, &c.

"Lanericke."

Ordered, That this Petition be presently communicated to the House of Commons, with their Lordships Sense, "That this House thinks it fit the Earl of Lanericke be sent to the Scotts Commissioners here, to be disposed of by them as they shall think it fit."

Message to the H. C. with it; and for Committees to meet about the Ordinance to prevent the Adjournment of the next Term.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that this House hath nominated a Committee of Three Lords, to consider of some Course to prevent the Adjournment of the next Term from Westm. and they desire the House of Commons would appoint a Committee of a proportionable Number of their House, to join with the said Committee, and to meet presently.

2. To deliver to them the Petition of the Earl of Lannericke, with their Lordships Sense as aforesaid.

Next, the Archbishop of Canterbury was called in again, with his Counsel, to deliver in his Answer; which he did accordingly in Writing, which was received, and read publicly, in hæc verba: videlicet,

"The humble Answer of William Archbishop of Canterbury to the First and further Articles of Impeachment brought up by the Honourable House of Commons against him, and by Order of the Right Honourable the Lords in Parliament of the 16th of this Instant directed to be put in.

Archbishop of Canterbury's Answer.

"As to the Thirteenth Article of the said First Articles, and the Matters therein charged, and all Matters or Things in the same or any of the rest of the said Articles contained, which concern any Act of Hostility, whether between the King and His Subjects, or Subject and Subject, or which may be conceived to arise upon the coming of any English Army against Scotland, or the coming of the Scottish Army into England, or upon any Action, Attempt, Assistance, Counsel, or Device, having Relation thereunto, and falling out by the Occasion of the late Troubles preceding the late Conclusion of the Treaty, and Return of the Scottish Army into Scotland; this Defendant faith, That it is enacted, by an Act made during the Sitting of this present Parliament, That the same, and whatsoever hath ensued thereupon, whether trenching upon the Laws and Liberties of the Church and Kingdom, or upon His Majesty's Honour and Authority, in no Time thereafter may be called in Question, or resented as a Wrong, National or Personal; and that no Mention be made thereof in Time coming, neither in Judgement nor out of Judgement; but that it be held and reputed as though never such Thing had been thought or wrought, as by the said Act may more at large appear; with this, that this Defendant doth aver, that he is none of the Persons excepted by the said Act, or the said Offences charged upon this Defendant any of the Offences excepted by the said Act.

"And as to all the rest of the said First and further Articles, this Defendant, saving to himself all Advantages of Exception to the said Articles, humbly saith, He is Not Guilty of all or any of the Matters by the said Articles charged, in such Manner and Form as the same are by the said Articles charged against him.

"W. Cant."

Desires his former Answer may be returned him.

The Bishop after this desired, "That his former Answer may be returned unto him again, that so there may be but One Answer to One and the same Charge." And further he desired, "That his Counsel in convenient Time might be heard in Matter of Law."

His Answer to be sent to the H. C.

The Bishop being withdrawn, the House gave no Order herein; but Ordered, That a Copy of the Archbishop's Answer made this Day shall be written, and attested under the Hand of the Clerk of the Parliament, and sent down to the House of Commons.

Message to them, to sit P. M.

A Message was sent to the House of Commons, by Serjeant Whitfeild and Mr. Serjeant Fynch:

To let them know, that this House intends to adjourn till Four of the Clock this Afternoon, to dispatch some Business which must be expedited this Day; and to desire that they would sit likewise, if it may stand with their Conveniency.

Next, the Order was read concerning the University of Cambridge, and regulating Ministers in the associated Counties; and it is Agreed to, and Ordered to be printed, with the Ordinance for the associated Counties, which passed on Saturday last. (Here enter it.)

"An Ordinance for regulating the University of Cambridge, and for removing of scandalous Ministers in the several associate Counties.

Ordinance for regulating the University of Cambridge, and removing scandalous Ministers in the associated Counties of Norfolk, Suffolk, &c.

"Whereas many Complaints are made, by the wellaffected Inhabitants of the associated Counties of Essex, Norffolke, Suff. Hartford, Cambridge, Huntington, and Lincolne, that the Service of the Parliament is retarded, the Enemy strengthened, the Peoples Souls starved, and their Minds diverted from any Care of God's Cause, by their idle, ill-affected, and scandalous Clergy of the University of Cambridge, and the associated Counties; and that many that would give Evidence against such scandalous Ministers are not able to travel to London, nor bear the Charges of such a Journey: It is Ordained, by the Lords and Commons assembled in Parliament, That the Earl of Manchester shall appoint One or more Committees in every County, consisting of such as have been nominated Deputy Lieutenants or Committees by any former Ordinance of Parliament in any of the said associated Counties, every Committee to consist of them, whereof any Five or more of them to sit in any Place or Places within any the said associated Counties, where the said Earl shall appoint, with Power to put in Execution these Instructions following, and, in Pursuance thereof, to give Assistance to the said Committees: First, They shall have Power to call before them all Provosts, Masters, and Fellows of Colleges, all Students and Members of the University, and all Ministers in any County of the Association, and all School-masters, that are scandalous in their Lives, or ill-affected to the Parliament, or Fomenters of this unnatural War, or that shall wilfully refuse Obedience to the Ordinances of Parliament, or that have deserted their ordinary Places of Residence, not being employed in the Service of the King and Parliament; and they shall have Power to send for any Witnesses, and examine any Complaint or Testimony against them, upon Oaths of such Persons as shall and may be produced to give Evidence against them; and shall certify their Names, with the Charge and Proofs against them, to the said Earl of Manchester; and he shall have Power to eject such as he shall judge unfit for their Places, and to sequester their Estates, Means, and Revenues, and to dispose of them as he shall think fit, and to place other sitting Persons in their room, such as shall be approved of by the Assembly of Divines sitting at Westm. The Earl of Manchester, or the said Committee or Committees, shall have Power to administer the late Covenant taken, and to be taken, of all the Three Kingdoms of England, Scotland, and Ireland, to all Persons in any of the said associated Counties and the Isle of Ely, upon such Penalties as are or shall be assigned by the Parliament in this Behalf: And be it Ordained, That the said Earl of Manchester shall have Power to dispose of a First Part of all such Estates as they shall sequester, for the Benefit of the Wives and Children of any of the aforesaid Persons: The said Committee or Committees shall employ a Clerk, for the registering of all Warrants, Orders, Summons, and Ejectments, made by them; and that they choose some convenient Place for the preserving of the Writings of this Committee; that the said Earl of Manchester shall have Power to examine and inhibit all such as do obstruct the Reformation now endeavoured by the Parliament and Assembly of Divines: And be it further Declared, That all such as shall do any Thing in Execution of this Ordinance shall be kept indemnified by the Authority and Power of both Houses of Parliament: And further be it Ordained, That the Earl of Manchester shall have Power to appoint a convenient Number, consisting of One or more out of every County, One out of the City of Norwich, and One out of the County and City of Lincolne, provided that Three of these be Deputy Lieutenants, to sit at Cambridge, for the better ordering of all Businesses of the Association, according to the Ordinances and Orders of Parliament, and according to his Commission granted by his Excellency the Earl of Essex; and that the present Committee for the Association sitting at Cambridge shall cease, when the Earl of Manchester shall have appointed another under his Hand and Seal."

Adjourn.

House adjourned till 4^a post meridiem.

Post meridiem.

PRAYERS.

Lords present:

Ds. Grey de Warke, Speaker.

Answers from the H. C.

The Messengers sent this Morning to the House of Commons return this Answer:

That they will send an Answer, by Messengers of their own, concerning the Petition of the Earl of Lannericke; and that they will appoint a Committee of a proportionable Number, to meet with the Committee of Three Lords, to draw up an Ordinance, to prevent the Adjournment of the next Term.

Ordinance to prevent the Adjournment of the Term.

The Earl of Northumb. reported to this House, That the Committee have conceived an Ordinance for the preventing the Adjournment of the next Term;" which being read, was Agreed to by the House.

Message to the H. C. with it; and the Archbishop of Canterbury's Answer.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To deliver unto them the Copy of the Archbishop of Canterburye's Answer; and to desire their Concurrence in the Ordinance for preventing [ (fn. 3) the Adjournment of] the next Term; and to desire, if they agree to it, that it may be printed, and published To-morrow Morning in several Places most notorious.

Answer.

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

That they have delivered the Answer of the Archbishop to the House of Commons; and that they agree to the Ordinance for preventing the Adjournment of the next Term; and they will give Order for the printing and publishing of it, as is desired.

Ordinance to prevent the Adjournment of the Term.

"The Lords and Commons, taking into their serious Consideration the great Inconvenience that hath come to His Majesty's Subjects (fn. 4) by the late frequent Adjournment of the Courts of Justice, and by Spies resorting to the City of London and Westm. under Pretence thereof; for the Prevention of the same for the future, do hereby Order and Ordain, That in Case any Person or Persons shall at any Time hereafter deliver, or cause to be delivered, to any of the Judges of any His Majesty's Courts to be held in Westm. or to any of their Clerks or Servants, or to any Officers of any the said respective Courts, or any others, to be delivered to any of the said Judges, any Writ, Proclamation, or other Thing whatsoever, sealed with any Great Seal other than the Great Seal of England now attending the Parliament by Ordinance of both Houses, all and every such Person and Persons shall be proceeded against by the Law Martial as Spies; and the Lord General is hereby desired forthwith to proceed against every such Person accordingly: And it is further Ordered and Ordained, That none of the said Judges, nor their Clerks, Servants, or any Officer or Officers of the respective Courts aforesaid, shall presume to receive, view, or any Ways meddle with, any Writ or Proclamation, sealed with any Great Seal, without first acquainting the Speakers of the Two Houses therewith, and receiving and pursuing the Directions to be given thereupon from both Houses of Parliament, upon Pain of Imprisonment of their Persons, Sequestration of their Estates, and such further Punishment as shall be thought meet by both Houses of Parliament; and that no Judge, Officer, or other Person whatsoever, presume to carry, or cause to be carried, any Records, Writings, or other Memorials, from any the Courts at Westm. or other Places in or about the Cities of London or Westm. unto the City of Oxford, or other Place where the King's Forces are, under Pain of incurring such or the like Penalties as aforesaid."

Adjourn.

House adjourned till 10^a, Wednesday next.