House of Lords Journal Volume 4: 22 November 1641

DIE Lunæ, videlicet, 22 die Novembris.

PRAYERS.

L. Cromwell and Sir Faithful Fortescue to be examined in L. Mountnorris's Cause.

Ordered, That any Two of the Lords Committees for Petitions shall have Power, by virtue of this Order, to examine the Lord Cromewell and Sir Faithfull Fortescue, Knight, in the Cause of the Lord Mountnorris, upon an Impeachment brought up from the House of Commons, whose Testimonies are to be used at the Hearing of the said Cause, in case the said Witnesses cannot appear then in Person, by reason of their Service in Ireland; yet nevertheless it is their Lordships Pleasure, That the Defendants in the said Cause, or their Agents, shall have Notice when the said Witnesses are to be examined, that they may then crossexamine the said Witnesses, if they think good, who are to take the like Benefit of their Examinations as the said Mountnorris is hereby enabled to do.

Countess of Exeter's Privilege. Medcalfe arrested.

Upon Complaint made to this House, "That Michaell Medcalfe, a menial Servant of the Countess of Exeter, was arrested, contrary to the Privilege of Parliament;" it is Ordered, That the said Michaell Medcalfe shall be released and discharged from the said Arrest and Imprisonment; and that the Gentleman Usher attending this House shall attach the Body of Christopher Hudson, Esquire, at whose Suit the said Medcalfe was arrested, and also the Body of John Simpson, who made the Arrest, and bring them to answer their several Contempts done to the Privileges of this House, before the Lords in Parliament.

Magenis and Comyn committed.

This Day the Bodies of Arthur Magenis and Redmund Comyn were brought up to this House by the Sheriff of Chester, according to the Order of this House, and Information of Thomas Cremor, and likewise their Examinations, taken by the Mayor of Chester, being read; it is Ordered, That the said Arthur Magenis shall be committed to The Tower of London, and Redmund Comyn committed to The Gatehouse in Westm. there to remain until the Pleasure of this House be further known; and that none shall be suffered to speak with the said Parties, but in the Hearing of their Keepers; and lastly, that the further Consideration of this Business is referred to the Committee for the Irish Affairs, upon whom the aforesaid Thomas Cremor is to attend, at such Times as they shall appoint.

Message from the Queen, touching Phillips the Priest.

The Earl of Dorsett reported, "That he had acquainted the Queen with the Inclination of this House, for the releasing of Robert Phillips, being satisfied with his Submission for the Offence done to this House; but the House of Commons, having some further Matters against him, desired he might not be released until they were first made acquainted therewith:" Hereupon he signified the Desires of the Queen, "That, if any further Business were against him, it may be taken into Consideration with what convenient Speed may be, because She suffers much for Want of him, he being Her Confessor, and She being unwilling to use any else but him."

To be communicated to the H. C.

Ordered, That this be represented, at a Conference, to the House of Commons, To-morrow.

Securing Recusants.

After this, the House fell into a Debate, touching securing the Persons of Recusants, according to the List of Names brought up from the House of Commons, for the Safety of the Kingdom.

The House was adjourned into a Committee during Pleasure; and it was debated, whether the Kingdom was in such Danger at this Time as requires the securing of the Persons of Recusants; and it was agreed it is.

Bill to be drawn up for securing Recusants.

Next, was debated the Manner how the Recusants should be secured; and, after much Time spent herein, the House was resumed; and it was Agreed, That it should be done by a Legislative Way: To this Purpose, it is Ordered, That a Bill be speedily drawn up, by the King's Counsel, for securing by Restraint the Persons of such Recusants as are named in the List brought up from the House of Commons, for the Safety of the Kingdom; and that the said Bill be presented to this House To-morrow.

For the better Expedition whereof,

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 23^m diem instantis Novembris, hora 12^a, Dominis sic decernentibus.