House of Lords Journal Volume 4: 23 October 1641

DIE Sabbati, videlicet, 23 die Octobris.

PRAYERS.

Counsel assigned the impeached Bishops.

Upon the humble Request of the Bishop of Rochester, on his own Behalf, and the rest of the Bishops which are impeached by the House of Commons before their Lordships, concerning the late Canons; it is Ordered, That Mr. Serjeant Jerman, Mr. Herne, Mr. Chute, and Mr. Hales (being publicly named in this House by the said Bishop, and approved of by the House) shall be assigned to be of Counsel with the Bishops that are impeached, with this Proviso nevertheless, That, if any of the said Counsel shall, upon just Cause, desire to be excused herein, and the House approve of the said Excuse, that then he or they shall not be compelled to be of the said Bishop's Counsel, as is aforesaid.

Lord Mountnorris's Complaint against the Earl of Strafford, and Privy Counsell of Ireland.

Ordered, That the Complaint of the Right Honourable Francis Lord Mountnorris, transmitted up by the House of Commons unto this House, against the Earl of Strafford, and divers of the Privy Council of Ireland and others, shall be heard and proceeded in, upon the First Tuesday in December next, being the 7th of the said Month; and that Sir John Burlace; Knight, and Sir William Parsons; Knight, the Two Lords Justices in Ireland, shall, by themselves or their Agents, appear. Henry Viscount Valencia, Roger Viscount Rannelaugh, Tho. Viscount Baltinglas, Robert Lord Dillon, Laurance Comes Esmond, Sir Charles Coote, Knight, Sir Arthur Terringham, Sir Arthur Blundell, Knight, Sir Faithful Fortescue, Sir Robert Farrar, Knight, Captain Jo. Burlace, Sir Robert Boulton, Knight, Sir Gherrard Louther, Knight, Sir Adam Loftus, Knight, Sir Phillip Manwaringe, Knight, Sir Jo. Cooke, Knight, Sir George Radcliffe, Knight, Sir William Reeves, Knight, and Sir Robert Meredith, Knight, shall appear before the Lords in Parliament on the 7th of December next, to make their Defence unto the aforesaid Charge transmitted from the House of Commons.

Clement, etc. Petition referred.

Upon reading the Petition of Gregory Clement, Robert South, Maurice Thompson, and others, shewing, "That they had Letters of Reprisal, to set forth a Ship called The Discovery, and her Pinnace called The Dispatch, to take any Goods of the Spaniards, which the said Ships did not do before their Return Home again; the said Petitioners setting forth afterwards another Ship, called The Planter, alias The Discovery, which did take a Prize;" but, having no Letters of Reprisal granted for the said Ship, it is Ordered, That the Prayer in this Petition is rejected; but the whole Business therein mentioned (that only excepted) is hereby referred to the Lord High Admiral of England, to hear and do therein according to the Law and Custom of the Sea.

Concerning the Troopers that molested the Guards of the Parliament.

Information being to this House, "That a Company of Troopers last Night, in Westm. set upon the Guard of Soldiers appointed by the Captain General to watch, and threatened them, to the Disturbance of the Peace; of which Company of Soldiers Thomas Knight, William Moreton, Richard Moreton, Griffin Bease, and Anthony Reade, were apprehended, and are now in (fn. 1) The Gatehouse Prison; who being sent for to appear before this House, and after a Relation was made to this House of their Misdemeanors, it is Ordered, by this House, That the Parties abovesaid shall presently be carried before the Lord Chief Justice, to be examined by him, and remanded back to The Gatehouse; and that Mr. Attorney General shall prosecute and proceed against them in the King's Bench with all Speed, according to the Course of Justice, and shall acquaint this House hereof from Time to Time, how far he hath proceeded herein; and lastly, that Richard Mander and John Braineman shall attend the Lord Chief Justice, to give in their Testimony of what they know in this Business.

Order for searching for Soldiers.

Ordered, That the Lord Mayor of the City of London, the Justices of the Peace for the County of Middlesex, and the City of Westm. and the Suburbs thereof, and all other Justices of the Peace about Twenty Miles of the Cities of London and Westm. shall forthwith, by virtue of this Order, cause a diligent Search to be made, in the Cities of London and Westm. and other Towns and Villages, for all Soldiers, and others that take upon them the Names and Habits of Soldiers; and such as are found lingering or staying in or about the said Cities of London and Westm. or other Towns within the Limits aforesaid, not being the Place of their Birth or Abode, and cannot give a reasonable Account of their being from the same, shall be apprehended by the said Justices of the Peace, or other His Majesty's Officers, and sent to their several Places and Dwellings; and such Soldiers as are permitted, upon just Occasion of Business, to remain in the said Cities and Towns as aforesaid, shall put in Sureties for their good Behaviour, during the Time of their Stay there.

Bill from the H. C.

A Message was brought from the House of Commons, by Sir Gilbert Gherrard, Baronet; who delivered a Bill from the House of Commons, intituled, "An Act for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction." And further said, That the House of Commons desired that there might be all Speed in the Passing of it, for it much concerns the Good of the Common-wealth.

Persons in Holy Orders disabled from exercising Temporal Jurisdiction.

Hodie 1^a vice lecta est Billa, An Act for disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction.

The Lord Roberts excused for being absent, being not well.

Bill against Pirates.

Ordered, That the Bill against Pirates be considered of on Tuesday next, in the Afternoon.

Freeing some Counties from the Marches of Wales.

Ordered, That the Committee for the Bill for Freeing of the Four Counties from the Marches of Wales shall meet, and take the same into Consideration, on Thursday come Sevennight, being the Fourth of November; and those Parties whom it concerns are to have Notice hereof.

Ordered, That the Lord Keeper shall be added to this Committee.

Committee for Defence of the Kingdom.

Ordered, That the Committee for the Defence of the Kingdom shall meet every Thursday, at Three a Clock in the Afternoon, in the Painted Chamber.

Ordered, That the Lord Brooke be added to this Committee.

Committee for Gun-powder.

Ordered, That the Committee appointed to consider of the making of good Gunpowder, and preserving the Salt-petre Works, shall meet on Wednesday next, at the Rising of this House; at which Time the Officers of the Ordnance and the Salt-petre Men are to attend the Lords Committees.

Sir Arthur Gorge's Business.

Ordered, That any Three of the Lords Committees for Petitions shall have Power to examine the Business of Sir Arthur Gorge, and report the same to this House.

Justice Berkley's Impeachment.

Ordered, That this House will proceed in the Impeachment of High Treason, brought up from the House of Commons, against Mr. Justice Barckley, on Tuesday come Sevennight; and present Notice hereof is to be given to the said Judge, that he may prepare for his Defence accordingly; and afterwards this House will proceed in Order with the rest of the Judges that are impeached.

Then a Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Glanvile:

Message to the H. C. that the Lords will proceed in it, and the others.

To let the House of Commons know, that this House hath appointed to proceed in the Impeachment brought from them against Justice Barckley on Tuesday come Sevennight, that so they may provide themselves accordingly; and that afterwards this House will proceed against the rest of the Judges in Order.

Archbishop of Canterbury's Jurisdiction sequestered.

It being moved, "That some Course may be taken that the Archbishop of Cant. lying under the Charge of High Treason, may not exercise Ecclesiastical Jurisdiction, nor dispose of Livings in his Gift:" Hereupon it is Ordered, by this House, That the Jurisdiction of the Archbishop of Canterbury shall be sequestered, until he shall be convicted, or acquitted of the Charge of High Treason against him; and the same in the mean Time to be executed by his inferior Officers. And further, concerning those Ecclesiastical Benefices, Promotions, or Dignities, that are in his disposing, he shall present to this House the Names of such Persons as shall be nominated by him for the same, to be approved of first by this House, before they be collated or instituted.

Answer from the H. C. about Justice Berkley.

The Messengers return this Answer: That they have delivered their Message to the House of Commons, touching Justice Berckley.

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

Message from the H. C. for a Conference concerning the Lord General's Relation about disbanding the Army.

That whereas they received a Message from this House Yesterday, touching a Conference, concerning a Relation to be made to both Houses by the Earl of Holland, about the disbanding of the Army, the House of Commons are now ready to give a Meeting, if it may stand with their Lordships Conveniency.

The Answer hereunto returned was:

Answer.

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

Jurisdiction of the Prerogative Court to be limited.

Ordered, That the Lord Keeper doth take Care and provide that a Bill be drawn, and presented to this House, for the regulating and limiting the Power of the Prerogative Court, in disposing of the Personal Estates of such Persons as die intestate; and that his Lordship shall have Liberty to call such Learned Men in the Law to assist him as he shall think fit.

Mint-master's Charter.

Ordered, That the Committee for the Perusal of the Charter of the Mint-masters shall meet on Thursday next, in the Afternoon, at Three a Clock.

Dr. Duck's Petition.

Ordered, That Dr. Ducke's Petition shall be received into this House, and be proceeded in as their Lordships shall think fit, whensoever it shall (fn. 2) be exhibited, notwithstanding the General Order against Private Causes.

Persons in Holy Orders disabled from Temporal Jurisdiction.

Ordered, That the Bishops Bill shall be read again on Monday Morning next.

Conference concerning the Lord General's Relation.

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 25^m diem instantis Octobris, hora 11^a, Dominis sic decernentibus.