House of Lords Journal Volume 4: 9 November 1641

DIE Martis, videlicet, 9 die Novembris.

PRAYERS.

Counsel for the impeached Bishops, and a Day given for them to Answer.

Serjeant Jermin, Mr. Chute, and Mr. Hales, appeared this Day, and declared themselves willing to be of Counsel with the Lords the Bishops, in the Impeachment brought up from the House of Commons, as they were formerly assigned by this House. Hereupon it is Ordered, That the Bishops that are impeached shall put in their Answers to the said Impeachment on Friday Morning next, and that the Bill concerning the Bishops Votes be deferred until then.

Green and Earl Rivers.

Whereas there was a certain Day appointed for hearing of the Cause between Mr. Greene and the Earl Rivers, before the Lords Committees for Petitions; and the said Mr. Greene having brought up some Witnesses above One Hundred Miles, to his great Charges, some of them being very aged, and unlikely to live long, whereby the Plaintiff will lose the Benefit of their Testimony; it is therefore Ordered, That any Three of the Lords Committees for Petitions shall have Power, by virtue hereof, to take the Examinations of such Witnesses of Mr. Greene's as are now in Town; and that the Earl Rivers, or his Solicitor, shall have Notice, that so they may have the Benefit of Cross Examinations if they please: But the Intent and Meaning of this House is, that, if the Witnesses be alive, and able to come at the Hearing of the said Cause, then they shall give in their Testimony viva voce; else their Examinations taken as aforesaid shall be made Use of at the Hearing of the Cause.

E. of Bolingbroke's Privilege.

Gamble discharged.

Upon the humble Submission of George Gamble, Under Sheriff for the County of Bedford, made in this House this Day at the Bar, for arresting a menial Servant of the Right Honourable the Earl of Bollingbrooke, contrary to the Privilege of Parliament; it is Ordered, That the said Gamble shall be forthwith released of his present Restraint.

Ld. Lieutenant of Ireland hath Power to levy Men, for Ireland.

Upon Report of the Lords Committees for Irish Affairs, "That the Earl of Leycester, Lord Lieutenant of Ireland, making some Scruple of raising of Men to be employed in the Business of Ireland without the King's Commission, and his Lordship desiring to have the Authority of the Parliament for the same in the mean Time;" it is thought fit, and so Ordered by the Lords in Parliament, according to the Power given unto them by His Majesty, mentioned in an Order dated the Sixth of November, One Thousand Six Hundred and Forty-one, That the said Lord Lieutenant shall have full Power, by virtue of this Order, to levy Men, according to the Order given him from the Parliament in the Interim, until His Majesty shall grant him Commission under the Great Seal of England for his Warrant for so doing.

Assistants to the Committee for Ireland.

Ordered, That the Lord Viscount Willmott, Sir John Conyers, Sir Jacob Ashley, Sir Symon Harecourt, Sir John Heydon, Sir Foulke Hunckes, Sir Thomas Glemon, Sir Robert Kinge, Colonel Culpepper, Colonel Vausor, Lieutenant Colonel Ballard, and Captain Skippon, shall be Assistants to the Committees of both Houses of Parliament appointed for the Affairs of Ireland, and shall have full Power, by virtue of this Order, to meet and consider of the present State and Condition of the said Kingdom, and also of an Establishment for the Army.

Dr. Duck and Dr. Merrick.

Ordered, That the Cause between Mr. Doctor Ducke and Mr. Doctor Merricke, concerning the Prerogative Court of Cant. depending now before the Lords in Parliament, shall be hereby dismissed this House; and the said Mr. Doctor Duck left to his ordinary Remedy in Law or Equity, as he shall be advised, for his Relief.

A Message was brought up from the House of Commons, by the Lord Cranborne:

Message from the H. C. to sit P. M.

To let their Lordships know, That the House of Commons intends to sit this Afternoon; and they desire their Lordships would sit likewise.

The Answer returned to the said Message is:

Answer.

That this House will sit this Afternoon, as is desired, at Three a Clock.

The House to sit at 11 o'Clock.

Ordered, That this House shall meet at Eleven of the Clock in the Morning, and not before, until this House shall Order the contrary.

A Message was brought up from the House of Commons, by the Lord Grey of Groby:

Message from the H. C. for a Conference about Instructions to the Committees in Scotland.

To desire a Conference, by a Committee of both Houses, touching certain Instructions to be sent to the Committees of both Houses in Scotland.

Answer hereunto returned is:

Answer.

That their Lordships are now in Consideration of a Business of great Consequence, and will give a Meeting, as is desired, this Afternoon, at Three a Clock, in the Painted Chamber.

Securing Papists.

After this, the House was adjourned into a Committee during Pleasure, to debate the remanent Proposition brought up from the House of Commons, touching securing of the Persons of Popish Recusants.

After a long Debate, the House was resumed; and the Result was this:

Laws to be put in Execution against them.

"That whereas the House of Commons desired, That the Persons of the Romish Recusants, for the Safety of the Kingdom, might be secured, this House doth consent with them therein; and Orders, That the Laws of this Kingdom shall be put into Execution against them presently."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

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

Message from the H. C. about Instructions to the Committee in Scotland;

To let their Lordships know, That the House of Commons are ready to meet their Lordships about the Conference appointed this Morning.

and about levying Irish Forces for Foreign Service.

And likewise the House of Commons are ready to meet about the pretended Order spoken of Yesterday, touching the transporting of Irishmen beyond the Seas.

Answer hereunto was:

Answer.

That this House will give a Meeting presently, in the Painted Chamber, touching both the aforesaid Particulars.

Thomas versus Ayscough, Saul, &c. about the Fens in Lincolnshire.

Ordered, That the Cause between Mr. Samuell Thomas, Complainant, against Hen. Ascough, Tobias Anderson, Jo. Procter, Tho. Donaby, Tho. Saule, and Tho. Bruster, Defendants, touching the Fens in Lincolnshire, shall be put off, by reason of great Businesses now depending in this House, until the Fifteenth of January next; and that the aforesaid Parties, giving their own Bonds for their Appearance on the said Day, and not to depart the House without Leave, shall for this Time be dismissed of their present Attendance.

Sir Walter Roberts versus Ford about the Aqueduct.

Ordered, That the Cause between Sir Walter Roberts and Mr. Ford, concerning the Aqueduct, shall be heard at this Bar the Twentieth of January next, at which Time all Parties concerned therein are to appear.

Conference had.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and it (fn. 1) is Ordered, That the Report of this Conference shall be made To-morrow Morning.

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

Message from the H. C. about the Letters from France and Antwerp to be stayed.

To desire that the Letters which come this Week from France and Antwerpe may be stayed, and be opened and perused by the Lords Committees, in the Presence of some Members of the House of Commons; they having Ground and Intelligence that those Letters will discover some Root of the Rebellion of Ireland.

These Letters to be brought to the Committee.

Hereupon it is Ordered, That Thomas Witheringes, Esquire, Post-master for Foreign Parts, or his Deputies, shall bring the Packets of Letters that came this Week from France and Antwerpe unto the Lords Committees, appointed by this House to open Letters.

Committee for opening Letters to meet.

Ordered, That the Lords Committees for opening Letters do meet this Night, and To-morrow Morning; and that the Earl of Stamford and the Lord Newneham be added to the said Committee.

E. of Essex to command the Trained Bands citra Trent.

Next was taken into Consideration the other remanent Proposition, brought up from the House of Commons, concerning the Earl of Essex having the Command of the Trained (fn. 1) Bands on this Side Trent, for the Defence of the Kingdom; but, because the Earl of Essex had not his Commission here, it is referred until Tomorrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Mercurii, 10^m diem instantis Novembris, hora 11^a Aurora, Dominis sic decernentibus.