House of Lords Journal Volume 4: 16 February 1642

Die Mercurii, 16 Februarii.

PRAYERS.

Message from the H. C. with the Ordinance for the Militia.

A Message was brought from the House of Commons, by Mr. Pierpointe; who brought up the Ordinance of Parliament ingrossed, which was read, in hæc verba:

"An Ordinance of Parliament, for the Safety and Defence of the Kingdom of England and Dominion of Wales.

"Whereas there hath been of late a most dangerous and desperate Design upon the House of Commons, which we have just Cause to believe to be an Effect of the bloody Counsels of Papists, and other ill-affected Persons, who have already raised a Rebellion in the Kingdom of Ireland, and, by reason of many Discoveries, we cannot but fear they will proceed, not only to stir up the like Rebellion and Insurrections in this Kingdom of England, but also to back them with Forces from abroad: For the Safety therefore of His Majesty's Person, the Parliament, and Kingdom, in this Time of imminent Danger; it is Ordained, by the King's most Excellent Majesty, the Lords, and Commons now in Parliament assembled, That Henry Earl of Holland shall be Lieutenant of the County of Berks; Oliver Earl of Bollingbrooke shall be Lieutenant of the County of Bedds; William Lord Pagett shall be Lieutenant of the County of Bucks; Dudley Lord North shall be Lieutenant of the County of Cambridge and the Isle of Ely; James Lord Strang shall be Lieutenant of the County of Chester, and the County of the City of Chester; John Lord Robartes shall be Lieutenant of the County of Cornwall; William Lord Gray of Warke shall be Lieutenant of the County of Cumberland; John Earl of Rutland shall be Lieutenant of the County of Derby; William Earl of Bedds shall be Lieutenant of the County of Devon, and the County of the City of Exon; Sir John Banks, Knight, Lord Chief Justice of the Common Pleas, shall be Lieutenant of the Isle of Purbeck, and Constable of Corff-Castle, in the County of Dorsett; William Earl of Salisbury shall be Lieutenant of the County of Dorsett, and the County and Town of Poole; Sir Henry Vane, Senior, shall be Lieutenant of the County Palatine of Durham; Robert Earl of Warwick shall be Lieutenant of the County of Essex; George Lord Chandoys shall be Lieutenant of the County of Glocester, and the County of the City of Gloc.; Phillip Earl of Pembrook and Mountgomery shall be Lieutenant of the County of South'ton, the Town and County of South'ton, and the Isle of Weight; William Earl of Salisbury shall be Lieutenant of the County of Hertford; Francis Lord Dacres shall be Lieutenant of the County of Hereford; Edward Lord Kymbolton shall be Lieutenant of the County of Huntingdon; Robert Earl of Leicester shall be Lieutenant of the County of Kent, and the City and County of Canterbury; Phillip Lord Wharton shall be Lieutenant of the County of Lancaster; Henry Earl of Stamford shall be Lieutenant of the County of Leicester; Theophilus Earl of Lincolne shall be Lieutenant of the Parts of Kestaven and Holland, within the County of Lincolne, and for the County of the City of Lincolne; Francis Lord Willoughby of Parham shall be Lieutenant of the Parts of Lindsey, within the County of Lincolne; Henry Earl of Holland shall be Lieutenant of the County of Midd's.; Henry Lord Spencer shall be Lieutenant of the County of North'ton; John Earl of Clare shall be Lieutenant of the County of Notts, and the Town and County of Nottingham; Algernoone Earl of Nothumberland, Lord High Admiral of England, shall be Lieutenant of the County of Nothumberland, and Town and County of Newcastle-upon-Tyne, and the Port of Barwick; Robert Earl of Warwick shall be Lieutenant of the County of Norsolk, and the County and City of Norwich; William Lord Viscount Say & Seale shall be Lieutenant of the County of Oxon; David Earl of Exon shall be Lieutenant of the County of Rutland; Edward Lord Littleton, Lord Keeper of the Great Seal of England, shall be Lieutenant of the County of Salopp; William Marquis of Hertford shall be Lieutenant of the County of Somersett; Robert Earl of Essex, Lord Chamberlain of His Majesty's Houshold, shall be Lieutenant of the County of Stafford, and the County of the City of Litchfeild; James Earl of Suffolke shall be Lieutenant of the County of Suffolke; Charles (fn. 1) Earl of Nottinham shall be Lieutenant of the County of Surry; Algernoone Earl of Nothumberland, Lord High Admiral of England, shall be Lieutenant of the County of Sussex; Robert Lord Brooke shall be Lieutenant of the County of Warwick, and of the City and County of Coventry; Henry Earl of Cumberland shall be Lieutenant of the County of Westmerland; Phillip Earl of Pembrooke and Mountgomery shall be Lieutenant of the County of Wilts; Edward Lord Howard of Estcrigg shall be Lieutenant of the County of Worcester, and the County of the City of Worcester; Densill Hollis, Esquire, shall be Lieutenant of the County and City of Bristoll; Robert Earl of Essex shall be Lieutenant of the County of Yorke, the County of the City of Yorke, and the Town and County of Kingston-uponHull; Phillip Lord Herbert shall be Lieutenant of the County of Monmouth; Algernoone Earl of Nothumberland shall be Lieutenant of the Isle of Anglesey; Phillip Lord Herbert shall be Lieutenant of the County of Brecon; Richard Earl of Carbery, in the Kingdom of Ireland, shall be Lieutenant of the County of Cardigan; Richard Earl of Carbery, in the Kingdom of Ireland, shall be Lieutenant of the County of Carmarthen, and the County of the Borough of Carmarthen; Phillip Earl of Pembrooke and Mountgomery shall be Lieutenant of the County of Carnarvan; Basill Lord Newenham shall be Lieutenant of the County of Denbigh; Bazill Lord Newenham shall be Lieutenant of the County of Flints; Phillip Lord Herbert shall be Lieutenant of the County of Glamorgan; Robert Earl of Essex shall be Lieutenant of the County of Mountgomery; Phillip Earl of Pembrooke and Mountgomery shall be Lieutenant of the County of Merioneth; Edward Lord Littleton, Lord Keeper of the Great Seal of England, shall be Lieutenant of the County of Radnor; Algernoone Earl of No'thumberland shall be Lieutenant of the County of Pembrooke, and the Town and County of Hav'ford West: And shall severally and respectively have Power to assemble and call together all and singular His Majesty's Subjects, within the said several and respective Counties and Places, as well within Liberties as without, that are meet and fit for the Wars, and them to train, exercise, and put in Readiness; and them, after their Abilities and Faculties, well and sufficiently, from Time to Time, to cause to be arrayed and weaponed, and to take the Muster of them in Places most fit for that Purpose: And the aforesaid Henry Earl of Holland, Oliver Earl of Bollingbrooke, William Lord Pagett, Dudley Lord North, James Lord Strang, John Lord Robartes, William Lord Gray of Warke, John Earl of Rutland, William Earl of Bedds, Sir John Banks Lord Chief Justice of the Common Pleas, William Earl of Salisbury, Sir Henry Vane Senior, Robert Earl of Warwick, George Lord Chandoys, Phillip Earl of Pembrooke and Mountgomery, Francis Lord Dacres, Edward Lord Kymbolton, Robert Earl of Leicester, Phillip Lord Wharton, Henry Earl of Stamford, Theophilus Earl of Lincolne, Francis Lord Willoughby of Parham, Henry Lord Spencer, John Earl of Clare, Algernoone Earl of Nothumberland, William Lord Viscount Say & Seale, David Earl of Exon, Edward Lord Littleton, Lord Keeper of the Great Seal of England, William Marquis of Hertford, Robert Earl of Essex, James Earl of Suff. Charles Earl of Notts, Robert Lord Brooke, Henry Earl of Cumberland, Edward Lord Howard of Escrigg, Denzill Hollis, Esquire, Phillip Lord Herbert, Richard Earl of Carbery, Bazill Lord Newenham, shall severally and respectively have Power, within the several and respective Counties and Places aforesaid, to nominate and appoint such Persons of Quality as to them shall seem meet, to be their Deputy Lieutenants, to be approved of by both Houses of Parliament; and that any one or more of the said Deputies, so assigned and approved of, in the Absence, or by the Command, of the said Henry Earl of Holland, Oliver Earl of Bollingbrook, William Lord Pagett, Dudly Lord North, James Lord Strang, John Lord Roberts, William Lord Gray of Warke, John Earl of Rutland, William Earl of Bedds, Sir John Banks, Knight, Lord Chief Justice of the Common Pleas, William Earl of Salisbury, Sir Henry Vane Senior, Robert Earl of Warwick, George Lord Chandoys, Phillip Earl of Pembrooke and Mountgomery, Francis Lord Dacres, Edward Lord Kymbolton, Robert Earl of Leicester, Phillip Lord Wharton, Henry Earl of Stamford, Theo. Earl of Lincolne, Francis Lord Willoughby of Parham, Henry Lord Spencer, John Earl of Clare, Algernoone Earl of Nothumberland, William Lord Viscount Say & Seale, David Earl of Exon, Edward Lord Littleton, Lord Keeper of the Great Seal of England, William Marquis of Hertford, Robert Earl of Essex, James Earl of Suffolk, Charles Earl of Notts, Robert Lord Brooke, Henry Earl of Cumberland, Edward Lord Howard of Escrigg, Denzill Hollis, Esquire, Phillip Lord Herbert, Richard Earl of Carbery in the Kingdom of Ireland, Bazill Lord Newenham, shall have Power and Authority to do and execute, within the said several and respective Counties and Places to them assigned as aforesaid, all such Powers and Authorities before in this present Ordinance contained: And the aforesaid Henry Earl of Holland, Oliver Earl of Bollingbrooke, William Lord Pagett, Dudley Lord North, James Lord Strang, John Lord Roberts, William Lord Gray of Wark, John Earl of Rutland, William Earl of Bedds, Sir John Banks, Knight, William Earl of Salisbury, Sir Henry Vane, Senior, Robert Earl of Warwick, George Lord Chandoys, Phillip Earl of Pembrooke and Mountgomery, Francis Lord Dacres, Edward Lord Kymbolton, Robert Earl of Leicester, Phillip Lord Wharton, Henry Earl of Stamford, Theo. Earl of Lyncolne, Francis Lord Willoughby of Parham, Henry Lord Spencer, John Earl of Clare, Algernoone Earl of Nothumberland, William Lord Viscount Say & Seale, David Earl of Exeter, Edward Lord Littleton, Lord Keeper of the Great Seal of England, William Lord Marquis of Hertford, Robert Earl of Essex, James Earl of Suff. Charles Earl of Notts, Robert Lord Brooke, Henry Earl of Cumberland, Edward Lord Howard of Escrigg, Denzill Hollis, Esquire, Phillip Lord Herbert, Richard Earl of Carbery, and Basill Lord Newenham, shall have Power to make Colonels and Captains, and other Officers, and to remove out of their Places, and make others, from Time to Time, as they shall think fit, for that Purpose: And the said Henry Earl of Holland, Oliver Earl of Bollingbrooke, William Lord Pagett, Dudley Lord North, James Lord Strange, John Lord Roberts, William Lord Grey of Warke, John Earl of Rutland, William Earl of Bedds, Sir John Banks, Knight, Lord Chief Justice of the Common Pleas, William Earl of Salisbury, Sir Henry Vane Senior, Robert Earl of Warwick, George Lord Chandoys, Phillip Earl of Pembrooke, Francis Lord Dacres, Edward Lord Kymbolton, Robert Earl of Leicester, Phillip Lord Wharton, Henry Earl of Stamford, Theo. Earl of Lincolne, Francis Lord Willoughby de Parham, Henry Lord Spencer, John Earl of Clare, Algernoone Earl of Nothumberland, William Lord Viscount Say & Seale, David Earl of Exon, Edward Lord Littleton, Lord Keeper of the Great Seal of England, William Marquis of Hertford, Robert Earl of Essex, James Earl of Suffolk, Charles Earl of Notts, Robert Lord Brooke, Henry Earl of Cumberland, Edward Lord Howard of Escrigg, Denzill Hollis, Esquire, Phillip Lord Herbert, Richard Earl of Carbery, and Basill Lord Newenham, their Deputy or Deputies, in their Absence, or by their Command, shall have Power to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the several and respective Counties and Places; and shall have further Power and Authority to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, as well within their said several and respective Counties and Places, as within any other Part of this Realm of England, or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions that may happen, according as they, from Time to Time, shall receive Directions, by His Majesty's Authority, signified unto them by the Lords and Commons assembled in Parliament: And be it further Ordained, That Sir John Gaire, Sir Jacob Garrett, Knights and Aldermen, Thomas Atkins, Alderman, Sir John Wallaston, Knight and Alderman, John Warner, John Towes, Aldermen, Serjeant Major General Skippon, or any Three or more of them, together with Randolph Manwaring, William Gibbs, John Fowke, James Bunce, Francis Peck, Samuell Warner, James Russell, Nathaniell Wright, William Barkley, Alexander Normington, Stephen Estwick, Owen Rowe, Citizens of London, or any Six or more of them, shall have such Power and Authority, within the City of London and the Liberties thereof, as any of the Lieutenants before-named are authorized to have, by this Ordinance, within their said several and respective Counties; the Nomination and Appointment of Deputy Lieutenants only excepted: And it is further Ordained, That such Persons as shall not obey in any of the Premises shall answer their Neglect and Contempt to the Lords and Commons in a Parliamentary Way, and not otherwise, nor elsewhere; and that every the Powers granted as aforesaid shall continue until it shall be otherwise Ordered or Declared by both Houses of Parliament, and no longer."

And, it being put to the Question, it was Resolved, That this Ordinance shall pass, and be presented to His Majesty.

Sent to His Majesty.

Hereupon it is Ordered, That the Earl of Stamford and the Lord de Grey shall present unto His Majesty, in the Name of both Houses, an Ordinance of Parliament, intituled, "An Ordinance of Parliament, for the Safety and Defence of the Kingdom of England and Dominion of Wales;" and humbly to desire His Majesty, to give His Royal Assent thereunto; but, if the Earl of Stamford shall not be at Court, that then the Lord de Grey (joining with some of the Members of the House of Commons sent about this Business) shall attend the King as aforesaid.

Bishop of Ely bailed.

Sir John Brakin, Knight, of Eton, in the County of Bedford, and George Conny, of Graies-Inn, Esquire, did this Day undertake, Body for Body, That Mathew Bishop of Elye shall Personally appear before the Lords in Parliament, on Friday come Sevennight; in the mean (fn. 2) Time to be at Liberty.

E. of Bedford excused.

The Earl of Bedford is excused for his Absence this Day, being sick.

The Navy to be in Readiness.

Ordered, That the Lord Admiral, Earl of Dorsett, Earl of Warwick, and the Lord Robartes, do consider of a Draught of an Order to be made, to give Order to the Lord Admiral, That the King's Ships, and all Ships that are fit for Service, may be rigged up, and made serviceable, for the Defence of the Kingdom, upon any Occasion, and present the said Form to the House.

Next, some Gentlemen of Leycestershire, in Behalf of themselves and the whole County, presented a Petition to this House, desiring it might be read; which was accordingly done, in their Presence, in hæc verba: videlicet,

Leicestershire Petition.

"To the Right Honourable the House of Peers in Parliament assembled.

"The humble Petition of the Inhabitants of the County of Leycester,

"Sheweth,

"That as the pressing Grievances and deadly Distempers in this Church and State, ripened almost to the Ruin of both, were, by the happy assembling of this Parliament, abated, and a joyful Expectation of their total Abolishment raised in all well-affected Subjects; and as the dangerous Influences of wicked Counsels and worse Designs, since appearing in that most horrid and bloody Rebellion of Ireland, in the various Delays and Obstructions cast to hinder all Parliamentary Proceedings, the desperate Attempts against the Peace of the King, the Parliament, and Kingdom, and especially in that violent and unexampled Breach of Parliament Privileges lately made, had 'ere while dampened our Hopes, renewed our Fears, and thrown us into a Sea of Dangers and Distractions; so now again the happy Concurrence of this Honourable House with the House of Commons, already seen in sundry Particulars, which hath revived our Hopes, and fills our Hearts with Joy, and brought us, though far distant in Place, here to make a Personal Tender of our grateful Hearts, obliged Service, and utmost Expressions of all humble Thankfulness, for this your noble and ready Compliance. We will serve you with our Lives as freely as they were given us, and with our Estates to the utmost Values.

"Your Safety shall be our Happiness, your Opposers our Enemies, your Dangers and Harms as Death unto us.

"Our humble and earnest Petition therefore is, That you would proceed to encrease these our Joys, and strengthen these our Engagements and Resolutions, by a constant Concurrence of this Honourable House with the said House of Commons, in all their noble Designs and Endeavours for the Public Good; that Delinquents may be brought to speedy and condign Punishment; the Counsellors, Contrivers, and Actors of that late surpassing Breach of Parliament Privileges may be manifested, their Aims and Intentions discovered, and their Persons rewarded according to their deep Demerits; and that future Dangers from our restless Enemies may be prevented, by a timely Relief of bleeding Ireland, and a speedy Perfection of this Kingdom's Posture of Defence.

"Then we doubt not, but the End will crown our Prayers, to the Glory of God, the Peace of the Church, the happy Union of the King and Kingdom, with your Eternal Honours, never to be blotted out by Time or Malice.

"And, as in Duty bound, we shall ever pray, &c."

Thanks given to the Petitioners.

This being read, the Gentlemen were commanded to withdraw; and the House having resolved what Answer to give hereunto, they were called in again; and the Speaker, by the Directions of this House, gave them Thanks, in the Name of the House, for their great Care and Affections to the Public and to the Kingdom of Ireland, and also for their Respect to this House; and that their Lordships will take their Petition into a speedy Consideration.

50£. to the Poor Irish Protestants in Cornwall.

Ordered, That Fifty Pounds shall be paid, to the relieving of the Poor Irish Protestants that are come out of Ireland into Cornwaile, out of the Money collected in this House; and for the Residue of that Money, these Lords following are appointed Committees, to consider how to bestow it:

E. Lindsey's Privilege, concerning his Tenants being sued in the King's Bench.

The House being this Day informed, "That the Right Honourable the Earl of Lyndsey, Lord Great Chamberlain, had some of his Lordship's Tenants and Assigns sued in the Courts of King's Bench and Common Pleas, wherein his Lordship was concerned in his Freehold, and was his Lordship's immediate Title, as the Court was certainly informed, both by the said Earl of Lyndsey in his own Person, who demanded his Privilege, and was also made good by Affidavit made before the Judges of this Court; and, for that Cause, these Courts allowed the Privilege of the Earl as he demanded it:" This House therefore well approved what the Judges of these Two Courts have done herein; and do Order, That no such Suit shall be prosecuted against the Tenants and Assigns of the said Earl of Lindsey, claiming under his Lordship's Right of Freehold; and shall not be pressed to plead or proceed in these Suits, during the Continuance of the Privilege of Parliament, due unto the said Earl, and other the Peers and Members of this House.

E. of Stamford's Privilege in like Manner.

Ordered, That there being a Suit brought in the Court of Common Pleas, against the Tenants of the Earl of Stamford, the Title of which Land in Question concerns his Lordship, he having claimed the Privilege of Parliament in the Court before the Judges, his Lordship shall have the like Order that the Earl of Lyndsey hath.

Petition of the Mayor and Aldermen of London about the Militia.

A Petition, concerning the Militia, was presented to this House, by some Aldermen, in the Name of the Lord Mayor and Aldermen of the City of London; which Petition being read, the Speaker, by Directions of the House, told them, "That both Houses of Parliament, upon mature Deliberation, have settled the Militia of the Kingdom in the Way it is now in, for the Safety and Preservation of the Kingdom."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

E. of Peterborough Leave to be absent.

The Earl of Peterborough hath Leave to go into the Country, for a short Time.

Committee for Seats in the House.

Ordered, That these Lords following shall consider of the Alteration of the Seats in this House, and how the Peers shall sit in this House now the Bishops Seats are empty: videlicet,

Letters of Irish Jesuits.

Cole to be examined about Words, concerning the Rebellion.

The Lord Lieutenant of Ireland reported from the Committee, the Minutes of some Letters lately taken of the Irish Jesuits; and some other Letters were read, written by Jesuits in Spaine into Ireland; and it is Ordered, That the Lords Committees shall communicate these Letters to the Committee of the House of Commons; and both Committees are to consider of them, and report their Opinions to this House; and also that the Committees shall have Power to communicate to the Scotts Commissioners such Papers and Letters as concern the Kingdom of Scotland; and that the said Committees shall call before them one Cole, newly come out of Ireland, and examine him touching dangerous Words which he hath spoken concerning the Rebellion in Ireland.

Ordered, That the Earl of Leycester, the Lord Viscount Say & Seale, and the Lord Brooke, shall be added to the Committee concerning the perusing of Popish Relicks and Letters, stayed (fn. 3) by Mr. Watkins, Searcher of London.

Message from the House of Commons, for remanding the Twelve Bishops to The Tower.

A Message was brought from the House of Commons, by Denzell Holles, Esquire:

That whereas their Lordships sent down to the House of Commons a Petition and Protestation of Twelve Bishops, with a high Aggravation of the Offence; the House of Commons, having taken the same into serious Consideration, came up, and charged the said Twelve Bishops, in the Name of the House of Commons, and of all the Commons, with High Treason, and desired they might be committed to safe Custody; upon which their Lordships were pleased to commit them to safe Custody, to The Tower of London: But the House of Commons do understand, that their Lordships have bailed them. Hereupon the House of Commons have voted, That the Twelve Bishops ought not to be bailed, being impeached by the House of Commons for High Treason: Therefore the House of Commons humbly desired that their Lordships would remand the said Twelve Bishops again to the Place where they were."

They are remanded to The Tower.

Hereupon this House Ordered, That, upon the Desires of the House of Commons, the Twelve Bishops shall be remanded forthwith to safe Custody to The Tower of London, and be in the same Condition they were; and the Day of their Trial shall be on Saturday next, if the House of Commons can be ready then.

Answer to the House of Commons.

The Messengers of the House of Commons were called in, and had this Answer given them:

That this House, upon the Desire of the House of Commons, have Ordered the Twelve Bishops to be remanded to The Tower, and to be in the same Condition they were.

Message from the House of Commons, for the Committees to meet about opening Letters.

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

To desire that the select Committee of their House, for opening of Letters and perusing of Relicks, stayed by the Searcher of London, may meet presently with the Lords Committees.

The Answer returned from the House of Commons was:

Answer from the House of Commons.

That they have appointed their Committee to meet with the Lords Committees for opening of Letters, &c. presently, as is desired.

Mr. Bourk to be released upon Security.

Ordered, That Mr. Bourke, an Irishman, committed by this House to The Fleet, shall be released, if he can put in Security, before the Lord Chief Justice, that he shall not go into Ireland during the Rebellion there.

Message to the H. C. to acquaint them with the Day for Trial of the Bishops.

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

To let the House of Commons know, that their Lordships have appointed Saturday next for the Trial of the Twelve Bishops, if the House of Commons can be ready then; which their Lordships desire to know from them.

The House of Commons returns this Answer:

Answer.

That they will be ready for the Trial of the Twelve Bishops on Saturday next.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 17^m diem instantis Februarii, hora 2^a post meridiem, Dominis sic decernentibus.