House of Lords Journal Volume 4: 18 August 1641

DIE Mercurii, videlicet, 18 die Augusti.

PRAYERS.

Message from the H. C. about the Departure of the Commissioners for Scotland.

A Message was brought from the House of Commons, by Sir William Ermin:

To put their Lordships in Mind that there hath been a Conference, to send Commissioners into Scotland; that the House of Commons desire it may be done speedily.

The Answer returned was:

Answer.

That their Lordships are of Opinion, "That there go First an Express to the King, with a Petition and Draught of the Commission; and the Commissioners to go on softly on their Journey before-hand, and the Commission to overtake them; and that their Lordships are ready to join with the House of Commons herein."

Ld. Mayor, &c. of London and the Commonalty.

Ordered, That the Two Sheriffs of London and Serjeant Greene shall forthwith attend the Lords Committees appointed to compose the Differences between the Lord Mayor and the Commonalty.

Two Bishops to have Access to the Abp. of Cant. about the Answer to their Impeachment.

Ordered, That the Lord Bishop of Rochester, with One other of the Bishops, may have free Access Twice unto the Lord Archbishop of Cant. to speak with him concerning their Answer to the Impeachment brought up against them from the House of Commons, for making a Book of Canons, and granting a Benevolence; and they are to speak with the said Archbishop of Cant. (fn. 1) about no other Business.

Impeached Bishops to have Access to Records, &c.

Ordered, That the Lords the Bishops may have Access unto, and have Copies of, all such Acts and Records as are in any of His Majesty's Courts of Justice and Public Offices, which may make for their Defence or Answers to the Impeachment brought against them from the House of Commons.

Bishops Leave to be absent.

Ordered, That the Bishops of Winton and Coventry and Litchfeild have Leave to go into the Country.

Popish Priests privileged by the Queen.

This House being this Day informed, "That divers Romish Priests, being lately apprehended according to the Statutes and Laws of this Realm, do take upon them to be the Queen's Servants, which is a Stop to the Justice of the Law:" Hereupon it is Ordered, That it be intimated, by the Earl of Dorsett, to the Queen's Majesty, That there may (fn. 2) be a List made of the Priests Names, and other Servants of Her Majesty, that are Recusants, and be presented to this House.

Committee for Gunpowder.

Ordered, That the Committee for Gunpowder do meet this Afternoon, at Three a Clock; and these Lords following were added to the said Committee:

Lord Mayor, etc. of London, and the Commonalty.

Ordered, That the Lord Mayor and Sheriffs of the City of London do attend this House again To-morrow Morning, at Ten a Clock.

E. of Warwick versus Sir Henry Marten.

Upon Report this Day to this House, by the Lords Committees for Petitions, of the Cause between the Right Honourable the Earl of Warwicke and Sir Henry Marten, Knight, and William Langhorne, Merchant; it is Ordered, That Sir Henry Marten and William Langhorne shall make their Election by Thursday come Sevennight, whether they will give Security of Six Thousand Pounds to stand to the Order of this House, upon the Re-hearing of the said Cause at this Bar, or else to pay the Earl of Warwick Two Thousand Four Hundred Pounds, presently.

Order to search for Powder, etc. near the Parliament House.

Ordered, That Mr. Justice Heyward shall have Power, by virtue of this Order, to search, before the next Meeting of Parliament, at Rosebie's House, the Tavern, and such other Houses and Vaults and Cellars as are near the Upper House of Parliament, that there be no Powder, Arms, or any other Ammunition, as may endanger the Safety of the Houses of Parliament; and hereof Account is to be given to this House.

Lord Brudenell Leave to be absent.

Ordered, That the Lord Brudenell hath Leave to go into the Country, upon his Occasions.

A Message was brought from the House of Commons, by Sir Christofer Yelverton, Baronet:

Answer from the H. C. for a Conference, about the Safety of The Tower.

To desire a present Conference, by a Committee of both Houses, touching the Safety of The Tower of London.

The Answer hereunto returned was:

Answer.

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

The Lord Privy Seal,
The Lord Viscount Say & Seale, and
The Lord Bishop of Lincolne, Were appointed to report the Conference.

Conference reported.

This House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That the House of Commons had taken into Consideration how to secure the Safety of The Tower of London, especially at this Time, when the Armies are not yet disbanded, the King's Majesty in Scotland, and the Lieutenant of The Tower being gone with the King; this being a Matter of so great Consequence, the House of Commons desires their Lordships, That the Earl of Newport, Constable of The Tower, may be commanded forthwith to repair to his Charge in The Tower, to secure it, and abide there during the Time of the King's Absence in Scotland; and also it is desired that some Men of the Hamlets may be appointed to guard The Tower, Fifty by Day and Fifty by Night; and a further Supply of Forty or Fifty Men more, if Need be, upon any emergent Occasion, to be added."

Order for the Safety of The Tower.

Hereupon it is Ordered, That the Constable of The Tower shall forthwith repair to his Charge in The Tower, and abide there, for the Safety of the same, during the King's being in Scotland; and he to be responsible for the same; and that he take in Forty Men to guard The Tower, such as he will be answerable for, who are to be paid by the House of Commons.

Report of the Conference, concerning restraining Recusants.

Then the Lord Viscount Say & Seale reported the Conference Yesterday with the House of Commons, touching disarming of Popish Recusants, etc. videlicet,

"That, because divers former Directions have been frustrated, the House of Commons holds it necessary to add some extraordinary Courses at this Time for the disarming of Papists, there being more than extraordinary Cause of Danger; for effecting whereof, it is propounded and desired, That Commissioners, or Committees, may be forthwith sent into the Countries of most Danger, as Yorkeshire, Lancashire, Cheshire, Staffordshire, Hampshire, and Sussex, authorized by Ordinance of Parliament to see the Papists disarmed in these Places.

"That these Committees may examine where the Defect hath been that former Orders have not been observed, especially in Case of such Papists as are of Power; and that they may have Direction to give the Oath of Allegiance to such as are justly suspected of Popery.

"That the Commons have been informed that divers Recusants have been kept from Conviction by Privilege of Parliament, allowed in their Upper House; whereupon it was delivered, as the clear Opinion of the House of Commons, That no Privilege of Parliamentis to be allowed in this Case of Conviction, or disarming of Recusants; for which these Reasons were given.

"1. That no Privilege is allowable in Case of the Peace betwixt private Men, much more in Case of the Peace of the Kingdom.

"2. That Privilege cannot be pleaded against an Indictment for any Thing done out of Parliament, because all Indictments are contra Pacem Domini Regis.

"3. Privilege of Parliament is granted in regard of the Service of the Commonwealth, and is not to be used to the Danger of the Commonwealth.

"4. That all Privilege of Parliament is in the Power of Parliament, and is a Restraint to the Proceedings of other Inferior Courts, but is no Restraint to the Proceedings of Parliament; and therefore, seeing it may without Injustice be denied, this being the Case of the Commonwealth, they conceive it ought not to be granted.

"Whereupon it is desired, that their Lordships will declare, That all Privilege shall be void in Case of the Conviction or disarming of Recusants; and that all Certioraris out of the King's Bench, to hinder the Conviction of Recusants, may be superseded.

"That this Direction may extend to Lords as well as to other Common Persons, there being more Cause of Fear from them, in regard of their Power and Greatness, than from others.

"That, if any Popish Recusant of Quality shall be found not to be convicted, that such Persons be commanded forthwith to attend the Parliament.

"To declare the Opinion of the House of Commons, That Popish Recusants, as this Case is, may be disarmed by the Common Law, being Persons justly to be suspected for some dangerous Design; and that, where there is Cause of Fear, this may be extended to such Persons as have Wives Recusants, or Children, or any but considerable Number of Servants, as may give good Cause of Suspicions.

"That, in ordinary Cases, if there be a Combination to do any Mischief, to commit a Riot, rob a House, or hurt any private Persons, the Justices of the Peace may take Security to prevent such Dangers, much more in the Case where the Danger of the Commonwealth is to be prevented.

"Divers Precedents were remembered of the disarming Lords of Parliament, the Marquis of Winchester, Lord Peeter, Lord Vaux, Lord Arundell of Wardour, and divers others."

Recusants to be disarmed according to Law.

Then, after some Consideration of this Conference, it is Ordered, That this House doth join with the House of Commons, to send Commissioners to disarm Recusants, according to Law; for the other Part of it, their Lordships will take it into Consideration.

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

Message from the H. C. for a Conference, about the Commission, etc. to be sent to Scotland.

To desire a Free Conference, by a Committee of both Houses, concerning the Commission and Instructions which are to be sent to Scotland.

The Answer returned was:

Answer.

That this House will give a present Meeting, in the Painted Chamber, as is desired.

The Lord Privy Seal, Lord Viscount Say & Seale, and the Lord Bishop of Lincolne, were appointed to report this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 19^m diem instantis Augusti, hora nona, Dominis sic decernentibus.