House of Lords Journal Volume 4: 8 November 1641

DIE Lunæ, videlicet, 8 die Novembris.

PRAYERS.

Message to the H. C. with the Ordinance authorizing the L. Lieutenant to levy Men for Ireland.

A Message was sent down to the House of Commons, by Sir Robert Rich and Dr. Bennett:

To deliver the Ordinance of Parliament, for giving Power to the Lord Lieutenant of Ireland to levy Men, for the Service in Ireland; and to (fn. 1) let them know, that this House hath approved thereof.

Letter from L. Howard, about Aid for Ireland from Scotland.

Then a Letter was read, sent from the Lord Howard, from Edinburgh, dated the 2d of November 1641, directed to the Lord Keeper, declaring "that the King hath again moved the Parliament of Scotland to take the Business of Ireland into further Consideration; and, though they will not do any Thing in (fn. 1) it till they hear from the Parliament of England, yet they have taken a Survey of what Shipping and Boats they have to transport Men in, and what Number of Men they are able to send over, if Need be; and they find that they are able to land a considerable Number of Men in the North of Ireland, and that with more Speed and less Charge than it can be done from any other Part of the King's Dominions; and their Highlanders are conceived proper to fight with the Irish in their own Kind and Country, amongst Hills and Bogs."

Men raised for the King of Spain, concealed in St. Katherine's, paid by Mr. Bourke.

The Lord Chamberlain signified to this House, "That, according to their Lordships Order, Colonel Hunckes had searched in St. Katheren's; and he finds that there are about Forty Men lodged near to The Iron Gate, which adjoins close to The Tower, and the weakest Part of it; that they were armed with Pistols

Mr. Bourke to attend.

and Swords, and have been paid Fourteen Pence a Day every Man, by one Mr. Bourke, a Gentleman of Lincolne's Inn, for the Service of the King of Spaine." His Lordship further said, "That he had already given Order for their disarming." Hereupon it is Ordered, That Mr. Bourke shall have Notice to attend this House, to be examined by what Authority he pays these Men; and the Constable of The Tower is to take Care for the present, that The Tower be safe guarded next them.

Sir William Killegrew against the Disturbers of his Possessions in the Fenns.

Whereas this Day the Cause was heard, between Sir William Killegrewe and others, Plaintiffs, against Henry Carr, John Shepheard, Anthony Love, Solomon Bartle, David Collins, William Foxe, and Richard Stokes, Defendants; and it appearing, by many Witnesses, which were examined upon Oath, "That the aforesaid Delinquents were served with an Order of this House, dated the 6th of April 1641, that they should not disturb the quiet Possession of the said Sir William Killegrewe, which he holds in some improved Grounds in the Fens in Lincolneshire, between Borne and Kyme Eae, until (fn. 2) the Title was determined in this House, or in some other Court of Justice, yet, notwithstandstanding, the Parties aforesaid, after the said Order was served upon them, they in a tumultuous Manner did enter upon the Grounds, and cut and carried away the Corn and the Seed, of the said Sir William Killegrew, and spake unreverent and unbeseeming Words of the Order of this House, saying, It was but an Order of the Lords House, and they would not obey it; but, if it had been an Order of the House of Commons, they would have obeyed it." Hereupon it is thought fit, and so Ordered, That, for the Contempt and Disobedience committed to the Order of this House, the aforesaid Henry Carr, John Sheapard, Anthony Love, Solomon Bartle, David Collins, William Foxe, and Richard Stoakes, shall forthwith be committed to the Prison of The Fleet, and shall find Sureties for the Peace and good Behaviour; and further, that Sir William Killegrewe shall bring in a Particular into this House, what Costs and Charges he hath been at by reason of the said Offenders, in disobeying the Orders of this House; which being considered of by this House, their Lordships will award him such Recompence as shall be suitable to the Honour and Justice of this House, which is to be paid him before their Enlargement; and lastly, that the aforesaid Parties shall make public Submission and Acknowledgement for their Faults, in disobeying the Order of this House, in the Market Town of Donnington, in the County of Lincolne, on a Market-day, before the next Justice of the Peace of that County.

Mr. Bourke examined.

This being done, Mr. Bourke was called in; and the Speaker asked him, "Whether he did take up Men, and pay them in St. Katherin's; and for whose Service those Soldiers were, by whose Command he took them up, and who pays them?"

He said, "It was done by virtue of an Order of the House of Commons; and that they were levied by Captain Moore and Mackmiller, for the Service of the King of Spaine; and he receives Money from the Spanish Ambassador, and pays them."

And being asked, "What Countryman he was, and of what Religion, and by what Means he comes to be an Agent to the Spanish Ambassador in this Service?"

He confessed, "He was an Irishman born, and a Romish Catholick; and he was employed in this Business to advance his Fortunes, being to have a Command over a Company of Men in the Service of the King of Spaine, against the Portingall."

Mr. Bourke was commanded to withdraw; and the (fn. 3) Lords, taking this Business into Consideration, caused the Order of the House of Commons to be read, with the List of Names which were authorized by them; wherein it appeared that the Order did expressly prohibit all Persons that were His Majesty's Subjects, born in England or Ireland, to be transported to the Service of Foreign States; and yet the greatest Part of the List were Irish born. Concerning this, their Lordships resolved to communicate it to the House of Commons.

Message to the H. C. for a Conference about not restraning Strangers from going beyond Sea.

Then a Message was sent to the House of Commons, by Sir Robert Rich and Dr. Bennett:

To desire a Conference, by a Committee of both Houses, touching an Order made by their House, dated the 26th of October last, for giving Way that Strangers should not be restrained from going beyond the Seas.

Bourke committed to the Gentleman Usher.

Ordered, That Mr. Bourke be kept in the Custody of the Gentleman Usher, until the Pleasure of this House be further known.

Counsel assigned the impeached Bishops refuse to be for them.

Upon reading the Petition of the Bishops that are impeached, shewing, "That the Counsel that was assigned them by this House refuses to be of Counsel for them, because they, being Commoners, are involved in all the Acts and Votes of the House of Commons:" Hereupon it was Ordered, That Serjeant Jermin, Mr. Herne, Mr. Chute, and Mr. Hales, be sent for, to give their Answers herein.

The Messengers returned with this Answer:

Answer from the H. C.

That the House of Commons are now in a great Debate of weighty Business; but will send their Lordships an Answer, by Messengers of their own, in convenient Time.

Ellison versus Watkins, for forging an Order of the House.

Upon Complaint made this Day, by one Richard Ellison, a Clothier, living in Yorkeshire, One Hundred and Forty Miles from London, "That one James Watkins had served him to appear before the Lords in Parliament with an Order, which, the said Watkins told him, was subscribed by the Clerk of the Parliament, and shewed him the same, and delivered him a Copy thereof; the said Ellison appeared accordingly, and then understood and discovered that the Order served upon him by the said Watkins was forged, and no such Order made by this House, nor subscribed by the Clerk of the Parliament:" The said Ellison having (fn. 3) declared all this to be true upon Oath, it is Ordered, That the said James Watkins shall be sent for and apprehended, and brought before this House as a Delinquent, to answer the same.

Search in London and Westminster for Irishmen, and their Names to be returned.

Ordered, That the Justices of the Peace for Midd. and the City of Westminster shall speedily make diligent Search, in and about the Suburbs of London and Westm. and in the several Jurisdictions, what Irish are residing, and cause their Names to be taken, and return them into this House; and further, that they cause strong and good Guards to be set upon such as they find to be dangerous and suspected Persons, until the Pleasure of this House be further known.

Directed "To Ed. Roberts, Jo.

"Hooker, and Tho. Shepheard, Justices of the Peace for Midd."

Inns of Court, Recusants.

Ordered, by the Lords in Parliament, That the Treasurers, Readers, and Benchers, of the Society of the Four Inns of Courts, shall make, or cause to be made, diligent Search and Examination, whether there be any Recusants, of any Nation whatsoever, admitted into their several Houses, or into the Inns of Chancery belonging thereunto, or live within the same Houses; and if, upon Search, any such shall be found, that they be forthwith dismissed and expelled out of the said Houses; and it is further Ordered, That no Romish Recusant shall hereafter be admitted into any the said Inns of Court, or Inns of Chancery, upon any Pretences whatsoever.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 9^m diem instantis Novembris, hora 9^a Aurora, Dominis sic decernentibus.