House of Lords Journal Volume 4: 17 March 1642

DIE Jovis, videlicet, 17 die Martii.

PRAYERS.

Bickers and Wight released.

Upon the Report of the Earl of Holland, "That the Two Soldiers complained of; videlicet, John Bickers and John Wight, are not any Ways faulty, as it was alledged by their Captain Michaell Miller;" it is Ordered, That the said Bickers and Wight shall be freed and set at Liberty of and from any further Restraint, touching this Complaint; and that the said Captain Miller shall answer and make good such Fees as they should have paid the Officers of this House, if the said Bickers and Weight had been found guilty, according to an Order of this House, dated the 28th of January last past.

L. Viscount Loftus, to have Witnessed examined.

Upon reading a Petition of the Lord Viscount Loftus; it is Ordered, That the Lord Cromewell, and others, who are to go speedily for Ireland, shall be examined in the Cause of the Lord Viscount Loftus, depending in this House, before a Committee of Lords appointed for that Purpose; and that the Defendants shall have Notice of the said Examinations, that so they may cross-examine if they think fit; and that the Depositions so taken are to be made Use of in the Absence of the Parties, at the Hearing of the Cause, which is to be on Tuesday next, being the 24th of this Instant March, at which Time the Parties, or their Agents, and the Witnesses in this Cause, are to attend the said Hearing accordingly.

These Lords following were appointed Committees, to examine the Witnesses in the Lord Loftus's Cause: videlicet,

Committee to examine his Witnesses.

Their Lordships, or any Two of them, to meet when and where they please.

Mr. Smith to be Minister of St. Leonard's, Shoreditch.

Upon the reading of the Petition of the Parishioners of St. Leonard's, in Foster-Lane, London; it is Ordered, That Mr. George Smith, elected and approved by the Dean of Westminster and the Parishioners of St. Leonard's, Foster-Lane, be specially recommended to the Archbishop of Canterbury, from this House, that the said Mr. Smith may be forthwith presented to the Parish Church of the said St. Leonard's.

L. Admiral brought in his Commission for Lieutenancy.

This Day, the Lord Admiral brought in his Commission of Lieutenancy for the County of Northumberland; but his Lordship said, "That the Earl of Arundle hath the Commission of Lieutenancy for the County of Sussex in his Custody."

The Earl of Holland signified to the House, "That he was joined with the Earl of Bambury in the Lieutenancy for Berkshire, and with the Earl of Dorsett in the Commission of Lieutenancy for the County of Middlesex; and so he hath neither of the aforesaid Commissions in his Custody."

Lords Lieutenants to bring in their Commissions of Lieutenancy and Array.

Ordered, That all Lords Lieutenants shall forthwith bring into this House their Commissions of Lieutenancy and Array; and that the Clerk of the Parliaments shall bring in a Particular of what Commissions he hath received; and the Clerk of the Crown shall likewise bring into this House a Particular of all such Commissions that have passed the Great Seal.

Earl of Danby's Petition against Sir William St. Ravie.

Upon the reading of the Petition of the Right Honourable the Earl of Danby, and Articles thereunto annexed, against Sir William St. Ravie, Knight; it is Ordered, That a Copy of the said Petition and Articles, signed by the Clerk of the Parliaments, shall be forthwith delivered unto him, upon his Demand; and that the said Sir William St. Ravie shall put in his Answer in Writing unto the said Petition and Articles, into this House, on this Day Sevennight, being the 24th of this Instant March; and hereof he may not fail.

Cooper and Wilgric versus Turner.

Upon reading the Petition of John Cooper and Daniell Wilgric, against Thomas Turner; it is Ordered, That the Committee for Petitions shall meet on Tuesday next, at Two of the Clock in the Afternoon, and examine the Truth of this Petition; and whether it was Cooper and Wilgric's Fault that the Order of this House was not obeyed, or whether it was in regard of the Order of this House, published in Print, for the putting off all Private Business, that the Parties did not appear; and the Committee to make Report thereof to this House, who will give further Directions therein.

A Message was brought from the House of Commons, by Denzell Holles, Esquire:

Message from the H. C. about the King's last Message against Ordinances being obeyed without His Assent.

Further Resolutions of the Commons upon it.

To let their Lordships know, that the House of Commons have taken into their serious Consideration the Matter of the last Conference Yesterday, concerning the King's last Message; and they do agree with their Lordships Sense and Apprehension concerning the same; but the House of Commons have gone further, and have passed some Votes, expressing their Sense of the same; to which they desire their Lordships Concurrence: videlicet,

"1. Resolved, upon the Question,

Former Votes about the Militia insisted on.

"That this House shall insist upon their former Votes concerning the Militia."

Ordered, That this House agrees with the House of Commons in this Vote.

The King's Absence, a Destruction to the Affairs of Ireland.

"2. Resolved, upon the Question,

"That the King's Absence so far remote from His Parliament is not only an Obstruction, but may be a Destruction, to the Affairs of Ireland."

Ordered, That this House agrees with the House of Commons in this Vote.

Controverting a Declaration of the Parliament, a high Breach of Privilege.

"3. Resolved, upon the Question,

"That, when the Lords and Commons in Parliament, which is the Supreme Court of Judicature in the Kingdom, shall declare what the Law of the Land is, to have this not only questioned and controverted, but contradicted, and a Command that it should not be obeyed, is a high Breach of the Privilege of Parliament."

Some Scruple being made whether this Vote is according to the Sense of this House Yesterday delivered at the Free Conference, the House took the same into Consideration; and, after some Debate, it was put to the Question, whether this Third Question now brought up from the House of Commons, leaving out the Words ["Lords and Commons in"], is according to the Sense of this House delivered Yesterday at the Free Conference.

And it was Resolved affirmatively.

Ordered, That this House agrees with the House of Commons in this Third Vote, leaving out the Words ["Lords and Commons in"].

Committee to enquire whose the King's Message was framed.

"4. Resolved, upon the Question,

"That a Committee shall be appointed by this House, to join with a Committee of the Lords, to enquire where this Message was framed."

Ordered, That this House agrees with the House of Commons in this Vote, and appoints these Lords following Committees, to join with a proportionable Number of the House of Commons, to enquire where this last Message was framed. And any Three, or more, of their Lordships are to meet when and where they please:

Advisers of the King's Message, Enemies to the Peace of the Kingdom.

"5. Resolved, upon the Question,

"That those Persons that advised His Majesty to give this Message are Enemies to the Peace of the Kingdom."

Ordered, That this House agrees with the House of Commons in this Vote.

Those that advised the King to absent Himself from Parliament, Enemies to the Kingdom.

"6. Resolved upon the Question,

"That those Persons that advised His Majesty to absent Himself from Parliament are Enemies to the Peace of this Kingdom, and justly to be suspected to be Favourers of the Rebellion of Ireland."

Ordered, That this House agrees with the House of Commons in this Vote.

These Votes to be printed.

The last Part of this Message was, "That the House of Commons did desire their Lordships would join with them, that the aforesaid Resolutions may be printed and published."

Ordered, That this House agrees with the House of Commons, for the printing and publishing these Resolutions.

Answer to the H. C.

The Messengers were called in; and the Lord Keeper gave them this Answer to their Message: "That this House agrees with the House of Commons in all their Votes now brought up, leaving out in the Third Vote these Words ["Lords and Commons in"]: And further told them, that this House hath appointed a Committee of Eleven Lords, to join with a proportionable Number of the House of Commons, to enquire where the King's last Message was framed: And lastly, did let them know, that this House joins with them, for the printing and publishing these Votes."

E. of Southampton Leave to go to the King at York.

Ordered, That the Earl of South'ton hath Leave to wait on the King at Yorke; and his Attendance on this House is dispensed withall.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 18^m diem Martii, 1641, hora 2^a, post meridiem, Dominis sic decernentibus.