House of Lords Journal Volume 4: 28 August 1641

DIE Sabbati, videlicet, 28 die Augusti.

PRAYERS.

Abuses in Wines.

The Earl of Dover reported the Bill against the Sophistication of French and Rhenish Wines, with the Amendments, which were Thrice read; but it was Ordered, That the said Bill be re-committed to the same Committees; and the Collectors of the King's Customs to be heard what they can (fn. 1) say herein concerning the King's Customs, which will be impeached by this Bill as it is now.

The Lord Bishop of Lincolne reported, "That he, and other Lords appointed by this House, hath considered of the Draught of a Letter to be sent to the Justices of Ireland, concerning Sir George Radcliffe;" which was read, in hæc verba:

Letter to the Justices of Ireland, concerning Sir G. Radcliffe.

"After my very heartiest Commendations, &c. unto your Lordships, I am to give your Lordships to understand, from the Right Honourable the Peers assembled in Parliament, That their Lordships, having taken the Petition of Sir George Radcliffe into their mature Consideration (a Copy whereof your Lordships shall receive here inclosed), do not as yet apprehend any Reason why the Petitioner's Estate, upon an Impeachment only, should be so sequestered, and his Lands and Leases so entered upon and invaded, as that he should have no Means left him for his Maintenance, and other Necessaries, during the Time of his Imprisonment. But, because your Lordships (to whom His most Excellent Majesty hath committed the Justice and Government of the Kingdom) may know more of these Particulars, by reason of your being upon the Place, where these Debts, Goods, and Estates, have had their Existence, my good Lords the Peers of this most Honourable House do recommend the Care of this Business unto your Lordships, to aid the Petitioner's Agents, in this Kind, by all the Ways of Justice and Equity, to receive such Debts, Rents, and other Profits, as by Law and Justice remain due to Sir George Radcliffe, for his Maintenance and necessary Uses, until some further Act or Acts of Law and Justice shall otherwise direct and dispose of the said Premises. And I bid your Lordships heartily farewell.

"Your Loving Friend,

"Edw. Littleton, C. S.

"To the Right Honourable my very good Lords, Sir William Parsons, and Sir John Burlace, His Majesty's High Justices for the Kingdom of Ireland."

Ordered, That this House do approve of this Letter, and do appoint the Lord Keeper to subscribe it, and send it away.

Arrears of the Office of Ordnance.

After this, was read the Heads drawn up by the Lords Committees, concerning the Arrears of the Office of His Majesty's Ordnance, for setting forth the Navy this Year; which are to be presented to the House of Commons at a Conference, and recommended to them, to consider of some Supply for the Satisfaction herein.

Court of York.

Likewise the Bishop of Lincolne was appointed to deliver, at this Conference, "That this House hath voted the Court of Yorke to be illegal, and do concur with the House of Commons in their Votes herein; and to let them know, that this House doth declare, that, in regard of the Word ["illegal"], their Lordships doubt there may be some Danger and Trouble accrue to the Judgements, and the Judges that have been Ministers of Justice there, and have done and made those Sentences and Judgements, which they thought in their Consciences to be just; therefore their Lordships are of Opinion, That such Judgements, Decrees, and Sentences, that have been justly made by the Judges and Officers, and no Matter of Corruption appearing against such Judges, shall not be liable to any Trouble or Question hereafter; but the Judgements and Decrees are to stand good, unless there be some lawful Cause to question the same, other than the Illegality of the Constitution of the said Court."

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. for a Conference on these Subjects.

To desire a present Conference, by a Committee of both Houses, touching the Office of the Ordnance, and touching the Votes concerning the Court and Council of Yorke.

Mr. Mc. Carta and Sir Ja. Cragg's Cause to be heard in Ireland.

Ordered, That the Lord Bishop of Lincolne do draw a Letter, to be sent from the Lord Keeper, to the Justices of Ireland, to hear and determine the Cause between Mr. M'Carta and Sir James Cragg, in Ireland.

Letter from the Ld. Howard, dated 25 Aug. York.

Next a Letter was read, which came from the Lord Howard of Estcricke, sent to the Lord Chamberlain, concerning the disbanding of the Army; and the Accounts of what Money will be requisite to disband the King's Army.

Dated 26 August, York.

Likewise another Letter was read, which was sent from the Lord General to the Lord Keeper, That the Horse shall be disbanded within Three Days after the Money in Arrears (fn. 2) is received there.

John Brittaine to serve the Cure of Bilsley.

Ordered, That John Brittaine, Clerk, shall officiate the Cure of the Parish Church of Bilsley, in the County of Gloucester, in the same State and Condition that John Sedgwicke, Clerk, was enabled to do by a former Order of this House; and that the Lord Bishop of Gloucester is to take Notice hereof.

The Messengers return this Answer from the House of Commons:

Answer from the H. C.

That they will send an Answer, by Messengers of their own, in convenient Time.

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

Message from thence for a Conference, about the Arrears of the Office of Ordnance, and the Court of York; and about levying Irish Soldiers for Spain.

To let their Lordships know, That they are ready to give a Meeting presently, in the Painted Chamber, touching the Office of the Ordnance, and the Votes concerning the Court of Yorke; and, for saving of Time, the House of Commons desires a Conference at this Meeting, touching the Irish Soldiers which the Spanish Ambassador desires to levy and transport out of Ireland, and touching the Shipping hired for that Purpose.

The Answer returned was:

Answer.

That their Lordships will give a present Meeting, in the Painted Chamber, as is desired.

The Lord Chamberlain, Comes Warwicke, and the Bishop of Lincolne, were appointed to speak, and report this Conference.

The House was adjourned during Pleasure; the Lords went to the Conference, which being ended, the House was resumed; and the Lord Bishop of Lincolne reported the Effect of this Conference: videlicet,

Conference about levying Irish Soldiers for Spain reported.

"That the Spanish Ambassador formerly did move the King, That he might have Leave to levy and transport Four Regiments of Soldiers in Ireland, for the Service of the King of Spaine. His Majesty was pleased to declare, that He would do nothing herein without the Advice of both Houses of Parliament. And since, they understand, His Majesty hath been informed that the Parliament did assent to the levying (fn. 3) and transporting the said Soldiers; to the End, therefore, it may appear that the House of Commons are far from giving their Assent therein, they have Resolved and Declared, That they hold it not fit, nor give Assent, that there be any Levies of Men in Ireland, for the Service of the King of Spaine; and hold it fit that there be a sudden Stop made of the Ships contracted for by the Spanish Ambassador, for the transporting of the Soldiers out of Irelande; and further, they hold it not fit, nor give Assent, that there should be any Levies of Men for the French King's Service, within any of His Majesty's Dominions; for they know not what Use this Kingdom may have of Men.

Securing The Tower of London.

"It was further delivered by the House of Commons, That formerly they had made Proposition to their Lordships, That Forty Men should (fn. 4) be put into The Tower of London, for the better securing of it; unto which they have Agreed; and Resolved of, That those Forty Men be such as the Constable shall allow of, and will answer for; and they shall have the same Pay as the Warders have, and shall take the same Oath.

Inhabitants of the Tower Hamlets to take the Protestation.

"And lastly, the House of Commons think it fit, That the Protestation taken by both Houses be tendered to all the Inhabitants in and about the Jurisdiction of The Tower; and a Note of their Names to be returned to the Parliament that do refuse to take it; and that none of the Forty Men be admitted to ward in The Tower, till they have taken the said Protestation."

Then this House, taking this Conference into serious (fn. 5) Consideration, Resolved, To concur with the House of Commons in all these Particulars. And it was Resolved, upon the Question, by this House,

No Soldiers for Spain;

That this House holds it not fit, nor gives Assent, that there should be any Leyies of Men in Ireland, for the Service of the King of Spaine.

Resolved, upon the Question, That this House holds it fit, that there be a sudden Stop made of the Ships contracted for by the Spanish Ambassador, for the Transportation of the Soldiers out of Ireland.

or France.

Resolved, upon the Question, That this House holds it not fit, nor gives Assent, That there should be any Levies of Men for the French King's Service, within (fn. 4) any of His Majesty's Dominions.

Likewise it is Ordered, That Sir John Pennington, Knight, shall, upon Sight hereof, stay, and cause to be stayed, all such Ships as are in The Downs, and are to go for Ireland, to transport Men out of that Kingdom, for the Service of the King of Spaine; and it is further Ordered, That the said Ships, being so stayed, shall forthwith be sent into the River of Thames, there to remain until the Pleasure of this House be further known.

Ordered, That all the Ships now riding in The Thames, which are bound for Ireland, to transport Men out of that Kingdom for the Service of the King of Spaine, shall be stayed, upon Sight hereof, by the Lord High Admiral of England, or his Officers, until the Pleasure of this House be further known.

Order for securing The Tower of London.

Ordered, That the Right Honourable the Earl of Newport, Constable of The Tower of London, shall, by virtue of this Order, offer the Protestation taken by both Houses of Parliament to the Forty Men which are to be received into the said Tower, to guard it; and likewise shall offer the same to all the Inhabitants in and about the Jurisdiction of the said Tower; and, if any of the said Inhabitants shall refuse to take the said Protestation, then the Constable of The Tower is to return their Names in Writing to the Parliament; and, if any of the Forty Men that are to be received into The Tower refuse to take it, they are not to be admitted to guard.

The King to be acquainted with the Motives for stopping the Levies for Spain, &c.

Ordered, That the Bishop of Lincolne and the Lord Kymbolton do join with a proportionable Number of the Members of the House of Commons, to draw up a Letter, to be sent to His Majesty, to acquaint Him with the Reasons and Grounds why both Houses do not assent to the levying and transporting of Soldiers out of Ireland, for the Service of the King of Spaine.

Letter to the Hans Towns.

Memorandum, This Day the Answer to the Letter from the Hansiatique Towns was delivered, by the Directions of this House, to the Lord Kymbolton, to be delivered to their Agent.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 30^m diem instantis Augusti, hora 10^a, Dominis sic decernentibus.