House of Lords Journal Volume 6: 24 February 1644

DIE Sabbati, videlicet, 24 Februarii.

PRAYERS, by Mr. Marshall.

Lords present this Day:

Ds. Grey de Warke, Speaker this Day.

Husbands to be attached, for printing a Declaration contrary to an Order of this House.

Upon reading the Petition of John Wright, Printer to this House: It is Ordered, That Edward Husbands, the Printer that printed the Declaration contrary to the Order of this House, shall be taken into Custody again by the Gentleman Usher attending this House, and brought before this House on Tuesday Morning next, to hear what he can say concerning this Business.

Ordinance for the free Importation of Bullion.

The Lord Admiral reported from the Committee, That they have considered of the Ordinance concerning the free Importation of Bullion, and the Committee have heard Merchants on both Sides; and, upon Debate, the Committee thinks it fit to make some Alterations therein:" Which being read, this House approved of them; and Ordered to be sent down to the House of Commons, to desire their Concurrence therein.

Ld. Howard's Petition.

The Earl of Northumb. reported, "That whereas the Petition of the Lord Howard's was referred, from both Houses, to the Committee of Sequestration, the said Committee have taken the same into Consideration, and have drawn up their Results into an Ordinance, which is offered to the Consideration of this House:" Whereupon the House commanded it should be read; which was read Thrice, and approved of by this House, and Ordered to be sent down to the House of Commons, to desire their Concurrence therein.

Sent to the H. C. with the Ordinance for Importation of Bullion.

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

To deliver unto them the Ordinance for Bullion, and the Ordinance concerning the Lord Howard, wherein this House desires their speedy Concurrence.

Sir Henry Cholmeley to have a Subsistence.

It is this Day Ordered, by the Lords in Parliament, That it be recommended to the Committee of Lords and Commons for Sequestrations, to consider Sir Henry Chomeley's Condition, and to order and appoint some Way for his present Subsistence, being plundered of his whole Estate, and for that the Profits of the sequestrable Estate of the Provost of Eaton Colledge formerly granted unto him are since granted and assigned unto Mr. Rous (a Member of the House of Commons), who is constituted Provost by Ordinance of both Houses of Parliament.

Report concerning the Oath of Secrecy to be taken by the Committees of both Kingdoms.

The Earl of Lyncolne reported to this House, "That the Committee have considered of the Oath to be taken by the Committees of both Kingdoms; and their Opinions are, That this Oath is inconvenient, and inconsistent with the Privileges of this House, and not fit to pass; and that for some Reasons which the Committee offers to the Consideration of this House."

The Reasons were commanded to be Read Twice, as followeth:

1. The Members of both Houses named for the Committee are of such unquestionable Integrity, as there can be no Doubt of their Discharge of the Duty intrusted by them by the Ordinance, without any Oath to bind them to a Secrecy therein.

2. That the Members of both Houses have an equal Liberty to offer their Reasons in all Debates at their Committees, though the Vote be only theirs that are appointed thereto.

3. This Oath doth deprive the House of Peers of Power to call for an Account of their own Members in the Service intrusted with them by the Ordinance, without the Consent of the House of Commons.

4. That this Oath is inconsistent with the Privilege of Parliament, debarring the Members of both Houses from coming to the Knowledge of those Things that concern the Safety of the Kingdom, and more especially to be insisted on in these Times, when the Counsel and Advice of the Parliament is so necessary upon all Occurrents, to prevent the Mischief that threatens us on all Sides, every particular Man's Fortune being now all at Stake; and therefore no Reason the Peers, who are in so high a Manner engaged and concerned both for themselves and Posterity, should preclude themselves from all Knowledge of the Condition of the Affairs of the Kingdom, but must be implicitly led by the Conduct of a few chosen for this Service.

5. That it is derogatory to the Honour of Parliament, being never used before, and of ill Consequence to future Times, when the Parliament, the great Council of the Kingdom, chosen and intrusted to debate de arduis Regni, and carries with it the Dignity of being composed of Persons qualified for that Purpose with Secrecy and Fidelity; that now, in Distrust of that Body as unfit for the Work to which it is called, some very few must be chosen, to be engaged and bound up by an Oath of Secrecy thereunto."

And the Question being put,

The Oath rejected.

Whether this Oath brought up from the House of Commons shall pass?

It was Resolved Negatively.

E. of Monmouth will take the Covenant.

The Lord General acquainted this House, "That the Earl of Monmouth is desirous to take the Covenant;" Hereupon this House desired the Lord General (in regard he is at his own House in the Country) that he would give him his Pass, to come to London, to take it.

Adjourn.

House adjourned till 9^a, Monday next.