House of Lords Journal Volume 4: 14 January 1642

DIE Veneris, videlicet, 14 die Januarii.

PRAYERS.

This Day the General Order for suppressing of Tumults and Unlawful Assemblies throughout this whole Kingdom was read, in hæc verba: videlicet,

The General Order for suppressing Riots and unlawful Assemblies.

"Whereas Information hath been given to the Parliament, that the Lord Digby (Son to the Earl of Bristoll) and Colonel Lunsford, with others, have gathered Troops of Horse, and have appeared in a Warlike Manner at Kingston upon Thames, in the County of Surrey (where the Magazine of Arms for that Part of the County lies), to the Terror and Affright of His Majesty's good Subjects, and Disturbance of the Public Weal of the Kingdom; it is this Day Ordered by the Lords and Commons in Parliament, That the Sheriffs of the several Counties of England and Wales, calling to their Assistance the Justices of the Peace and the Trained Bands of those several Counties, or so many of them as shall be necessary for the Service, shall suppress all unlawful Assemblies, gathered together to the Disturbance of the public Peace of the Kingdom, in their several Counties respectively; and that they take Care to secure the said Counties, and all the Magazines in them."

Ordered, That this House approves of this Order.

A Message was sent to the House of Commons, by Justice Foster and Justice Malett:

Unlawful Assemblies in England and Wales to be suppressed.

To let them know that whereas they sent up an Order Yesterday, that the Sheriffs of Five Counties should take Care for suppressing of Tumults and unlawful Assemblies, this House thinks it fit it (fn. 1) be made general to all the Counties of England (fn. 2) and Wales; to that Purpose, have sent them an Order which their Lordships have approved of; and to desire the House of Commons to join with them in it.

Ld. Wharton and Ld. Brooke to see Public Orders executed.

Ordered, That the Lord Wharton and the Lord Brooke are hereby appointed by this House, to see that all Public Orders be put into Execution.

Message from the H. C. that they will meet every Morning at Eight.

A Message was brought from the House of Commons, by Sir Gilbert Gherrard, Baronet, consisting of Three Parts:

1. To let their Lordships know, that, in regard of the many and pressing Affairs of the Kingdom, the House of Commons have resolved to sit a Mornings, by Eight of the Clock.

For the Royal Assent to the Bill for Pressing.

2. The House of Commons desires to know whether any Warrant be yet come from the King, for giving the Royal Assent to the Bill for pressing of Mariners; if there be, they desire it may be speedily expedited.

And about the Marquis of Hertford attending the Prince.

3. The House of Commons do communicate Resothtions and Orders, made by them, concerning the Lord Marquis Hartford's attending the Prince, etc. in which the House of Commons desires their Lordships would be pleased to join with them (fn. 3); which was read, in hæc verba: videlicet,

"Die Veneris, 14 Januarii, 1641.

"Resolved, upon the Question.

Marquis of Hertford to take Care of the Prince, lest he be conveyed out of the Kingdom.

"That the Lords be moved to join with this House, to enjoin the Marquis Hertford (appointed by His Majesty to be Governor to the Prince), as he will answer the Breach of that Trust, that doth so immediately concern the present and future Peace and Safety of the Three Kingdoms, forthwith to repair to the Prince, and, according to the Duty of his Place, to take Care of him, and to give his Personal Attendance on his Highness, and to be very watchful to prevent that he be not carried out of the Kingdom: And the House of Commons doth further declare (and desire the Lords will do the like), That whatsoever Person shall be advising or assistant to the conveying of the Prince out of the Kingdom, or attend his Highness in his Journey, shall be declared and reputed a public Enemy to the Protestant Religion, and the Peace and Safety of the Three Kingdom: It is further Ordered, That the Lords be likewise moved to join with the House of Commons, in an humble Desire to His Majesty, that He will not, for any Cause whatsoever, permit the Prince to be conveyed out of the Kingdom, without the humble Advice and Consent of the Parliament."

Ordered, That this House agrees with the House of Commons in all the aforesaid Particulars, and will join with them in the whole, as they have desired.

TheMarquis's Excuse about the Prince.

The Lord Marquis Hertford, being in the House, gave their Lordships this Account, "That when the King (fn. 4) went to Hampton Court, He demanded the Prince of him, and took him away with Him in His Coach in the Afternoon; and His Majesty commanded his Lordship to stay here: Therefore his Lordship desired this House would require no more of him than he is able to perform; and, as far as in him lay, he would obey their Lordships Command, to attend the Prince; and, if there be Cause of Fear, as the Parliament apprehends, he will give Advice thereof to the Parliament."

Committee to draw up Instructions for the Marquis of Hertford.

Hereupon these Lords following were appointed to draw up, and present to this House, what Instructions are sit to be given to the Lord Marquis Hertford, that he may acquaint the King with the Desires of both Houses, and what Order to be given to the Lord Marquis for his Attendance upon the Prince his Highness:

L. D. of Richmond.

Answer to the Message from the H. C.

The Answer returned to the House of Commons concerning this Message was:

1. Concerning the House sitting at Eight of the Clock in the Morning, this House resolves to sit accordingly.

2. Concerning the passing of the Bill for pressing of Mariners, there is a Commission for the giving of the Royal Assent to that Bill sent to the King, to be signed; and, as soon as it returns, it shall be expedited.

3. Concerning the Resolutions and Orders made concerning the Lord Marquis Hertford's attending the Prince his Highness, this House agrees with the House of Commons in them all.

Report from The States Ambassador, concerning staying of Ships going for Ireland.

The Earl of Bath reported, "That he had been with The States Ambassador, to desire him, for both Houses of Parliament, that he would give present Order to The States Ships that lie before Dunkerk, and other Parts of Flanders, for the Staying of all Ships as are laden with Arms, Ammunition, or Provisions, and bound for the Relief and Assistance of the Rebels of Ireland: The Ambassador says, he had already received Intimation from the Committee of the House of Commons to this Purpose, and accordingly hath sent Order to their General Van Troompe; but he desires he may have the Desires of the Parliament in Writing, that, upon all Occasions, he may know the better what to do therein."

Desires of bot Houses to be drawn up and presented.

Hereupon the Earl of Bath and the Earl of Warwicke were appointed to draw up the Desires of both Houses to The States Ambassador concerning this Business, and to present the same to this House.

A Message was brought from the House of Commons, by Sir John Hotham, Knight:

Message from the H. C. for printing the Order against Tumulis.

To let their Lordships know, that the House of Commons doth agree with this House, that the Orders for suppressing of Tumults and unlawful Assemblies be made general through all England, and the Dominion of Wales; and they desire that the said Order be printed, and published in all Market Towns and Cities in England and Wales.

And to desire the Lords would proceed in the Bill for depriving the Bishops of their Votes.

2. The House of Commons desires this House would proceed upon the Bill depending before their Lordships, for taking away the Votes of the Bishops out of this House, and disenabling all Persons in Holy Orders from exercising any Temporal Jurisdiction or Authority.

Order against Tumults to be printed.

Ordered, That this House agrees with the House of Commons, concerning the Printing and Publishing of the Order for suppressing all Tumults and unlawful Assemblies in all the Market Towns and Cities of this Kingdom, and doth Order the same accordingly.

The Answer returned to the House of Commons concerning the aforesaid Message was:

Answer to the Message from the H. C.

That this House fully agrees with the House of Commons, for printing and publishing the Order for suppressing Tumults, etc. and have given Order accordingly. And for the Bill concerning Bishops Votes, this House will proceed therein with convenient Expedition.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Bennett:

Message to the H. C. to acquaint them with the King's Message of Yesterday.

To acquaint them with the King's Message, reported Yesterday by the Lord Keeper, concerning the Commission for giving the Royal Assent to Two Bills, and concerning the Town of Hull, and touching the Proceeding against the Lord Kymbolton, Mr. Hollis, etc. and to deliver the Papers of the aforesaid Particulars to the House of Commons.

The Messagers return with this Answer:

Answer.

That they have delivered the Papers to the House of Commons, as they were commanded.

A Message was brought from the House of Commons, by Arthur Goodwyn, Esquire:

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

To desire their Lordships will be pleased to fit a while, they being in Consideration of weighty Business, concerning which they shall have Occasion to confer with their Lordships, by Way of Conference about it.

The Answer returned was:

Answer.

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

The Lords Committees reported the Order concerning the Lord Marquis Hertford, which was read, and approved of: videlicet,

Order for securing the Prince.

"Ordered, That the Lord Marquis Hertford (appointed by His Majesty to be Governor to the Prince), as he will answer the Breach of that Trust, that doth so immediately concern the present and future Peace and Safety of the Three Kingdoms, shall forthwith repair to the Prince, and, according to the Duty of his Place, take Care of him, and give his Personal Attendance on his Highness, and shall be very watchful to prevent that he be not carried out of the Kingdom."

His Majesty to be acquainted with it.

Ordered, That the Marquis of Hertford shall attend the Prince his Highness To-morrow Morning, according to this aforesaid Order, and acquaint His Majesty therewith, from both Houses of Parliament.

Declaration for the Militia.

After this, the Declaration brought up Yesterday from the House of Commons, concerning the putting of the Kingdom into a Posture of Defence, was taken into Consideration; and the House was adjourned into a Committee during Pleasure, to debate the Preamble of it; and, after much Debate, the House was resumed, and the Question was put, "Whether that the Narrative in this Declaration shall be referred to a Committee, to be so penned as that it may appear to be the Narrative only of the House of Commons, and thereupon to be so published." But it was Resolved, by the major Part, negatively.

Hereupon this House Resolved, To have a Conference To-morrow with the House of Commons, to hear the Reasons that induced them to make this Narrative in this Declaration.

The Lord Keeper signified to this House, "That he had now received a Letter from the King, with a Message, which His Majesty hath commanded him to deliver presently to both Houses of Parliament."

The King's Letter was read, in hæc verba: videlicet,

"My Lord Keeper,

Letter from the King to the Lord Keeper.

"This is to command you to deliver that which is contained within this inclosed Paper, as a Message from Me to both Houses, and that instantly, without Delay, and so I rest,

Windsor, 14 January, 1641.

"Your assured Friend,

Charles R.

Message from the King, about Lord Kymbolton, and the Five Members impeached with him.

"His Majesty being no less tender of the Privileges of Parliament, and thinking Himself no less concerned that they be not broken, and that they be asserted and vindicated whensoever they are so, than the Parliament itself, hath thought fit to add to His last Message this Profession, That, in all His Proceedings against the Lord Kymbolton, Mr. Hollis, Sir Arthur Haselrigg, Mr. Hampden, and Mr. Strode, He had never the least Intention of violating the least Privilege of Parliament; and, in Case any Doubt of Privileges remain, will be willing to clear that, and assert those by any reasonable Way that this Parliament shall advise Him to; upon Confidence of which, He no way doubts His Parliament will forthwith lay by all Jealousies, and apply themselves to the public and pressing Affairs, and especially to those of Ireland, wherein the Good of this Kingdom and the true Religion (which shall be His Majesty's first Care) are so highly and nearly concerned; and His Majesty assures Himself that His Care of their Privileges will increase their Tenderness of His Royal Prerogative, which are so necessary to the mutual Defence of each other, and both which will be the Foundation of a perpetual perfect Intelligence between His Majesty and Parliaments, and of the Happiness and Prosperity of this People."

The House resolving to communicate this Answer to the House of Commons; a Message was sent, by Justice Foster and Justice Mallett:

Message to the H. C. for a Conference about it.

To desire a Conference, by a Committee of both Houses, so soon as may (fn. 5) stand with the Conveniency of that House, touching a Message sent now from the King.

The Messengers return with this Answer:

Answer.

That the House of Commons will give a present Meeting, as is desired, in the Painted Chamber.

A Message was brought from the House of Commons, by Sir Jo. Hungerford, Knight:

Message from the H. C. for a Conference; touching the Peace and Safety of the Kingdom.

To desire a present Conference, if it may stand with the Conveniency of this House, by a Committee of both Houses, touching the Peace and Safety of the Kingdom.

The Answer hereunto returned was:

Answer.

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

This House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and it was Ordered, That the Report of this Conference shall be made To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 15^m diem instantis Januarii, 1641, hora 8^a Aurora, Dominis sic decernentibus.