House of Lords Journal Volume 4: 11 December 1641

DIE Sabbati, videlicet, 11 die Decembris.

PRAYERS.

Message from His Majesty about the Eight Priests.

The Lord Keeper signified to this House, "That His Majesty had commanded him to deliver this Message to both Houses: That whereas formerly He had acquainted both Houses of the Desire of the French Ambassador, that Eight Romish Priests, convicted at the Sessions, might be reprieved and banished at this Time, because it may concern the Business of Ireland; and that His (fn. 1) Majesty had desired the Advice of both Houses therein, of which His Majesty hath not yet received any Answer; His Majesty therefore puts the Houses in Mind thereof, and desires an Answer, in regard that (fn. 2) Monday next, is the Day for executing of those that are convicted, which are Seven Priests, One of the Eight being acquitted upon the Trial."

Hereupon this House resolved to communicate this to the House of Commons, by Way of Message.

Message to the H. C. to acquaint them with it.

To this Purpose Sir Edward Leech, Knight, and Dr. Bennet, were presently sent to the House of Commons, to let them know the King's Message as aforesaid.

The Messengers return this Answer:

Answer.

That they will sent an Answer to the said Message, by Messengers of their own, in convenient Time.

Proger to be examined by Lord Chief Justice.

Whereas Arthur Proger hath been examined, and afterwards imprisoned at Chester, upon his Examination touching the present Rebellion in Ireland, and since returned up to the Lords in Parliament, and by their Lordships imprisoned in The Gatehouse at Westm. But, by reason of the great and public Businesses now depending before their Lordships, who have not Time to proceed in the further Examination of the said Progers; it is Ordered, That the Cause of the said Progers shall be referred to the Examination of the Chief Justice of the King's (fn. 3) Bench, who, having examined the whole Business, shall report the same unto this House, which will proceed therein as it shall think fit.

Act for the Metes and Bounds of Forests.

Ordered, That the Act for the Limits and Bounds of the Forests shall be read on Monday next; and then this House will consider of having a Conference with the House of Commons, touching an Explanation of that Act, whether it was not the Meaning of both Houses to settle the Bounds of the Forests according to the Limits and Bounds as it was actually enjoyed and used in the 20th Year of King James.

Bill for Relief of Captives.

The Bill concerning the Captives, &c. was reported by the Committee as fit to pass, as it came from the House of Commons.

D.

Hodie 3^a vice lecta est Billa, An Act for the Relief of the Captives taken by Turkish, Moorish, and other Pirates; and to prevent the taking of others in Time to come.

And, being put to the Question, it was Resolved to pass as a Law.

Bill for punishing James.

The Lord Privy Seal reported, "That the Committee have considered of the Bill for the Forfeiture of the Lands and Hereditaments of John James, and for the further Punishment of (fn. 4) him, &c. And the Committee are of Opinion, and think it fit, that the Mutilation be omitted."

"And the House being informed, "That the said John James formerly hath made Deeds to his Wife for her Maintenance, they living asunder one from the other;" it is Ordered, That the said Bill is re-committed; and the Proviso in the Bill is referred to the Consideration of any Two of the Judges, to consider (fn. 5) if the said Proviso be sufficient to save her Estate assured to her by Law; and that the Wife of the said John James do bring her Conveyances to the Judges, that they may (fn. 5) consider the same, and report to this House their Opinions therein.

Answer of the impeached Bishops.

This Day being appointed for the Thirteen Bishops that are impeached by the House of Commons for making Canons and Constitutions, and for granting a Benevolence contrary to Law, to make their Answers to the Impeachment; their Counsel were called in, and the Impeachment was read: Then the Lord Keeper demanded of them, whether the Bishops will abide by their Plea and Demurrer, or make their Answers. The Counsel answered, That the Twelve Bishops do resolve to adhere to their former Plea and Demurrer: only they have waved One Branch of their Demurrer, which was to the Generality of the Charge, which appears to be particular.

To be heard by Counsel, concerning their Plea and Demurrer.

Hereupon the Counsel withdrew; and this House Ordered, That the Lords the Bishops that are impeached shall be heard, by their Counsel, on Monday next, touching the maintaining of their Plea and Demurrer; and that the House of Commons have Notice herein, that they, or some of their Members whom they shall appoint, may be present, if they please.

This being so settled, this House resolved to acquaint the House of Commons with the Bishops Answer, and the Order of this House thereupon.

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

Message to the H. C. to acquaint them with these Matters.

To desire a Free Conference, in the Painted Chamber, by a Committee of both Houses, so soon as it may stand with the Conveniency of their House, touching the Impeachment of the Bishops.

The Messengers return with this Answer:

Answer.

That the House of Commons are now in Debate of Matters of great Consequence, which require speedy Resolution; and they will return an Answer, by Messengers of their own, in convenient Time.

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

Message from the H. C. to desire the Lords would sit a while.

To let their Lordships know, that the House of Commons are now in Debate of Matters of great Importance, which they think fit to impart to their Lordships; therefore they desire their Lordships would be pleased to sit a while.

The Answer returned was:

Answer.

That their Lordships will sit a while, as is desired.

Concerning Ten Thousand Men to be sent out of Scotland into Ireland.

Then the Lord Lieutenant of Ireland reported, "That the English Commissioners had received a Paper from the Scotts Commissioners, shewing they have Power to treat for sending of Ten Thousand Scotts into Ireland." The Paper was read in these Words as follows: videlicet,

"Out of the Sense of our Duty we owe unto His Majesty, and the true Affection which the Kingdom of Scotland bears to the Kingdom of England, we are willing to contribute our best Assistance for a speedy Relief of those distressed Parts of Ireland that lie nearest us.

"Therefore, in the Name of the Kingdom of Scotland, we make Offer of Ten Thousand Men for that Service, which is conceived to be the least Number that can be, for securing themselves, and reducing the Rebels in the North of Ireland to the due Obedience of His Majesty and the Crown of England.

"This Offer is upon such particular Conditions as, in the Progress of this Treaty, we shall agree upon, which may be for the Honour of our Nation, and the Safety and Good of the Army employed in the Service."

This being read, the Lord Lieutenant desired to know the Pleasure of this House, whether the Commissioners shall have Power from this House to treat for Ten Thousand Scotts, to be sent into Ireland; and also declared, that he had made the King acquainted with the Proposition of the Scotts; and His Majesty is willing the Commissioners should treat for sending Ten Thousand Scotts to Ireland.

Commissioners to treat about sending a smaller Number.

For the Debate hereof, this House was adjourned into a Committee during Pleasure; and, after a long Debate, it is Ordered, That the English Commissioners shall treat with the Scotts Commissioners about Ten Thousand to be sent into Ireland; and that the Scotts Commissioners be desired to send into Scotland, to have Power to treat with the English Commissioners about a lesser Number, if the King and Parliament here shall think fit.

Scots Commissioners to be acquainted with this Order.

The English Commissioners were to acquaint the Scotts Commissioners presently with this Order.

Ordered, That the Bishop of Peterborough be added to the Sub-committee for Privileges.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 13^m diem instantis Decembris, hora 1^a post meridiem, Dominis sic decernentibus.