House of Lords Journal Volume 4: 28 January 1642

DIE Veneris, videlicet, 28 die Januarii.

PRAYERS.

The King's Message about the Third Article of the Scots Commissioners.

The Lord Keeper signified to this House, "That he hath received a Letter from the King, wherein there is a Message inclosed, which he is commanded to acquaint both Houses of Parliament with." Hereupon the House commanded the Letter and Message to be read, as followeth:

"CHARLES R.

"To Our Right Trusty and Right Well-beloved Counsellor, Edward Lord Littleton, Lord Keeper of Our Great Seal of England.

"Right Trusty and Right Well-beloved Counsellor, We greet you well. We have here inclosed now sent Our further and full Answer to the Third Article presented by the Scotts Commissioners, concerning these auxiliary Forces to be sent out of Scotland into Our Kingdom of Ireland, which Our Will and Pleasure is, that you forthwith deliver to be read in Parliament; for the which this shall be your Warrant. Given at Our Court at Windsor, the 27th of January, 1641.

"After that His Majesty had Yesterday sent His Opinion concerning the Articles which the Scotts Commissioners gave in, touching the present Supplies to be sent for Ireland, they themselves waited on Him, their chief Errand being the self-same Business. Whereupon His Majesty thought it fit to persuade them as much as He could to alter that Third Article, because He conceived it might be a Prejudice to the Crown of England, the Particulars whereof were too long to relate; their only Argument that weighs with Him being, that (since it was agreed upon by both Houses of Parliament, and that the Strength of His Majesty's Argument was, that that Article implied too great a Trust for auxiliary Forces) they were in good Hope that His Majesty, being their Native King, would not shew less Trust in them than in their neighbour Nation; so that the Question being merely of Trust, and that both Houses of Parliament have thought fit to grant it (though His Majesty could with that that Third Article were drawn more for the Advantage of the Crown of England than He conceives it is), His Majesty cannot but wholly admit of the Advice of His Parliament in this Particular, especially since His Majesty perceives that insisting upon the same would breed a great Delay in the necessary Supply of His Kingdom of Ireland."

Witnesses against the Twelve Bishops.

Ordered, That the Lords Committees do meet at the Rising of this House this Afternoon, to examine Witnesses concerning the Twelve Bishops that are accused of High Treason by the House of Commons.

Gen. Skippon's Order.

The Order concerning Captain Major General Skippon, which is approved of by this House, is to be sent down to the House of Commons by the next Messengers that go.

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

Message to the H. C. with the King's Message concerning Carrickfergus, &c.

"1. To deliver a Copy of the King's Message sent this Day, concerning Carrickfergus.

"2. To let them know, that the House hath appointed the Lords Committees to meet this Afternoon, to examine the Witnesses concerning the Bishops.

"3. To deliver unto them the Order concerning Captain Major General Skippon, which this House hath approved of."

Thomas versus Saul.

Ordered, etc. That Thomas Saule and others, appearing in the Business of Samuell Thomas, complaining against them, shall have Liberty to return into the Country, they entering into Bond of One Hundred Pounds a-piece, each for himself, to appear within Fourteen Days after they shall be served with an Order of this House for their Appearance before the Lords in Parliament, to answer the said Complaint.

Adjourn.

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

Post meridiem.

PRAYERS.

Petition of the County of Salop to be considered.

The Petition of the County of Salop was read, and Ordered to be considered of amongst the rest of the General Petitions.

Ordered, That the Earl of Leycester, Lord Lieutenant of Ireland, be added to the Committee to consider of the King's Answer to the Third Proposition of the Scotts Commissioners concerning Carrickfergus.

A Message was brought from the House of Commons, by John Hampden, Esquire:

Message from the H. C. about Examinations of Poole, &c.

"To inform their Lordships of a Letter, directed to Sir Hugh Owen, Knight, written from John Poyer, at Pembrook, dated the 18th January 1641; and divers other Examinations of Esay Poole, a Mariner, and James Deveurex, discovering many Things concerning the Affairs and Safety of the Kingdom; which said Letter and Examinations the House of Commons have referred to the Consideration of their Committee, which are to consider of the King's Answer concerning Carrickfergus, to which Committee likewise they have given Power to take into their Consideration the Quiet and Safety of the Kingdom; and the House of Commons desires this House would give the same Power to the Lords Committees, that so they may meet and debate what is fit to be done concerning the aforesaid Particulars.

"2. That the House of Commons do agree with their Lordships in the Order made concerning Captain Major General Skippon."

Hereupon it is Ordered by this House, That the Lords Committees appointed to consider of the King's Answer concerning Carrickfergus shall meet with the Committee of the House of Commons, and shall have Power, by virtue hereof, to take into their Consideration these Examinations, and the Letter now brought up from the House of Commons, and to consider of the Quiet and Safety of the Kingdom.

Answer.

The Messengers were called in; and the Answer given them was according to the Order abovesaid.

Mervin Cannon's Petition withdrawn.

Whereas Mervin Cannon hath formerly exhibited his Petition unto this House, which now he desireth to withdraw; it is Ordered, etc. That the said Mervin Cannon shall have Liberty, by virtue hereof, to withdraw his said Petition, and Cause depending before their Lordships, and proceed at Law, or elsewhere, as he shall think fit.

Officers Fees upon Delinquency.

Whereas several Persons are often sent for as Delinquents, upon the Complaint of some who undertake not to the Officers of the House to pay the Fees due upon Delinquency, in case the Parties complained of prove not so, whereby the Officers are much wronged in their Dues; it is thought fit, and so Ordered, etc. That all such as shall hereafter complain of any, desiring they may be sent for as Delinquents, who proving not so upon Examination, shall pay the Fees that they ought to have answered if they had been guilty; and such as shall be found to be Delinquents shall first satisfy the Officers their Dues, before such Time as they shall be released out of such Restraint as lieth upon them.

Smart versus Consens & al.

Upon the reading of the Petition of Peter Smart this Day in the House; it is Ordered, etc. That his Cause against Doctor Cosins and other the Prebends of Durham shall be heard here at the Bar, on the First Tuesday in Easter Term next, being the Third Day of May 1642; and that, in the Interim, Mr. Smart's Witnesses shall be examined before the Lords Committees formerly appointed in this Cause, which Witnesses are to be crossexamined by the said Doctor Cosins, and others the Defendants, if they think good, and to examine any Witnesses of their own in the said Cause; which Depositions are to be made use of only in case the Examinants shall die before the said Hearing; who otherwise are to be produced, and the said Depositions not to be used, when the said Cause shall come to Hearing.

Trial of Ld. Morley for the Murder of Capt. Clarke.

Ordered, etc. That the Trial of the Lord Morley and Mount. concerning the Death of Captain Peter Clarke, shall be heard at the Bar, on the Tenth of February next; and that the Committee for Privileges shall meet on the One and Thirtieth of this Instant January, and at such other Times as they please before the Trial, to consider of the Manner of proceeding herein; whose Lordships are to be attended by the King's Attorney General, and the rest of His Majesty's Learned Counsel; and His Majesty's said Counsel are to be waited upon by the Prosecutors, and fully instructed in the Cause: And lastly this House doth further Order, That there shall be a Trial of Captain Kirke, touching the Death of the said Clarke, at the King's Bench Bar, on the 11th of February next, being the next Day after the Lord Morleye's Trial here.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 29^m diem instantis Januarii, hora 1^a post meridiem, Dominis sic decernentibus.