House of Lords Journal Volume 4: 17 February 1642

Die Jovis, videlicet, 17 die Februarii.

PRAYERS.

The Lord Chief of the Common Pleas was appointed to sit Speaker this Day.

Absent Lords excused.

The Lord Keeper was excused for being absent this Day, in regard of his ill Health.

The Earl of Bristoll was excused for being absent, in regard of his ill Health.

Bp. of Durham's Temporal Jurisdiction.

It was moved, "That it might (fn. 1) be resolved whether a Writ of Extent, being to go into Durham, shall be directed as formerly it used to be, which was, Reverendo in Christo Patri Thomæ Episcopo Dunel. &c. Vobis mandamus, quod per Breve sub Sigillo Episcopatus Dunel. Vic. Com. Dunel. det. in Mandat. quod &c. in regard of the late Act of Parliament."

Referred to the Judges.

Hereupon it is Ordered, That it is referred to the Consideration of the Judges, to consider whether the late Act doth not take away the Temporal Jurisdiction of the Bishop of Durham in this Case; and to report the same to this House.

Counsel assigned to the Attorney General.

Ordered, That Mr. Attorney Lane, Mr. Recorder of London, Mr. Chute, Mr. Fountayne, Mr. Arthur Trevor, and Mr. Hayles, are hereby assigned to be of Counsel with Mr. Attorney General, in the Cause of the Impeachment brought up from the House of Commons against him; and that Thomas Fisher is assigned to be his Solicitor in this Cause.

Report of the Thanks delivered to His Majesty, for passing the Two Bills.

The Lord Chandois reported to this House, "That he had presented to the King Thanks from both Houses of Parliament, for giving His Royal Assent to the Two last Bills; and His Majesty returns this Answer:

His Majesty's Answer.

"Well, I pray you take Ireland really into your Care; and let your Thanks be expressed in that, and I shall thank you."

Message from the H. C. with a Commission for the Marquis of Argyle to carry Forces to Ireland.

A Message was brought from the House of Commons, by Mr. Reynolds; who brought up a Commission to enable the Marquis of Argyle to go with Forces into Ireland, and to plant a Garrison in the Isle of Rackraye; the House of Commons desires their Lordships Concurrence therein.

Next, the House was informed, that divers Gentlemen of the County of Sussex were at the Door, desiring Leave to present to this House a Petition from that County, which the House consenting to, the Gentlemen were called, and presented a Petition, which was read, in hæc verba: videlicet,

Sussex Petition.

"To the Right Honourable the Lords assembled in Parliament.

"The Humble Petition of the High Sheriff, Knights, Esquires, Gentlemen, Ministers, Freeholders and Inhabitants, of the County of Sussex,

"Sheweth,

"That our Coming is humbly and thankfully to acknowledge your Lordships late happy Union with the Honourable House of Commons, whereby (through His Majesty's especial Favour) the Bill for the taking away Bishops Votes in Parliament, and other good Bills, have passed, our former Grievances thereby redressed, our Freedom in Souls and Bodies and Liberties is presently restored, our Fears and Jealousies somewhat removed, for which We render all condign Thanks to His Sacred Majesty, your Lordships, and the House of Commons, as the only Means (next under God) of this our Joy and Comfort: What we now desire proceeds from our Wants, not doubting of your noble Readiness: That the Word of God, His Truth and Laws, may be maintained against all Corruptions in Doctrine and Discipline: That the Laws of the Land may govern: That your Honours would be pleased to join with the House of Commons for the general Taking of the Protestation, many reporting it as a Thing discountenanced by some of your Honours: That our Country lying Seventy Miles to the Sea, it, and the Kingdom, may be put into a Posture of Defence: That, all refusing the Oath of Supremacy and Allegiance being excluded the House of Commons, your Lordships, for the Peace and Safety of this Kingdom, would also exclude the Popish Lords so refusing, from yours; and that none Popishly affected may have any Place or Trust in the Kingdom: That delinquent Bishops may not be admitted to be bailed: That Ireland may be further relieved, Soldiers and Mariners encouraged, and Fishing defended: That the Glory of God may be advanced, the Honour and Safety of His Majesty and His Kingdom maintained, the happy Union of both Houses continued.

"And we shall pray &c."

Thanks given to the Petitioners.

The Gentlemen withdrew; and the House taking into Consideration what Answer to give herein; which being resolved of, they were called in; and the Lord Keeper, by the Directions of the House, returned this Answer to them, "That the Lords gave them Thanks for their Care of Religion and Ireland, and their good Affections to the Public; and their Lordships will take their Petition into speedy Consideration."

Message from the H. C. concerning sending to the Spanish Ambassador, for staying Ships at Dunkirk laden with Arms for Ireland.

A Message was brought from the House of Commons, by Sir Thomas Barrington, Knight and Baronet:

"To (fn. 2) acquaint their Lordships, That the House of Commons are informed, that there are divers Ships at Dunkerke, laden with [ (fn. 3) Arms and] Ammunition, bound for Ireland, for Supply of the Rebels there, which the House of Commons conceives to be contrary to Treaty and League with England and Spaine: Therefore the House of Commons do desire their Lordships to join with them, to sent a Committee to the Spanish Ambassador, to desire him that the Ships may be stayed there."

Committee to go to the Spanish Ambassador.

Hereupon the Lord Pagett and the Lord Newnham were appointed to go to the Spanish Ambassador, with a proportionable Number of the House of Commons.

Answer to the House of Commons.

The Answer returned to the Messengers was:

That their Lordships do join with the House of Commons in this Message, and have appointed Two Lords to go, with some Members of the House of Commons, to the Spanish Ambassador, as they have desired.

Committee to draw up a Message to the Spanish Ambassador.

The Earl of Leycester,
Earl of Holland,
Lord Brooke, and the
Lord Newnham,

Were appointed to consider and draw up what is fit to deliver to the Spanish Ambassador from both Houses of Parliament; and accordingly their Lordships withdrew.

Lord Banning's Bill.

Ordered, That the Committee for the Bill concerning the Executors of the Lord Viscount Banning shall meet this Day Sevennight; and a Warrant to be granted, to produce such Witnesses as the said Executors shall require, to attend the Lords Committees.

Marquis of Argyle's Commission to carry Forces to Ireland.

Then the Commission, which is to be given to the Marquis of Argyle, was read; and the House, conceived some Things were to be altered in it, referred it to the Consideration of the Lord Chamberlain, Earl of Bath, Earl of Leycester, Earl of Holland, Earl of Portland, Lord North, Lord Robartes, and the Lord Pagett; and to report their Opinions thereof to this House; and then this House will have Conference with the House of Commons about the said Commission.

The Committees reported the Draught of what is to be delivered by the Lord Paget and the Lord Newnham, from both Houses of Parliament, to the Spanish Ambassador, which was read, in hæc verba: videlicet,

The Message sent to the Spanish Ambassador.

The Lords and Commons have commanded us to intimate to the Spanish Ambassador the Advertisement they have received, that certain Ships lying in Dunkerke, laden with Ammunition, ready to take Sail, intended for the Relief of the Rebels in Irelande: This they hold contrary to the Articles agreed upon in the Treaties of Peace betwixt the Two Crowns.

"And therefore the Ambassador is to be moved from both Houses, to send speedily to Dunkerke, and to all other his Master's Dominions, and to the King his Master, to make Stay of those and all such Ships as may carry any Supply of Men, Victuals, Money, or any other Aid, to His Majesty's Subjects that at this present are in Rebellion in Ireland, which otherwise will be understood to be a Breach of the Treaties between the Crowns of England and Spaine, and so resented by the Parliament."

Sent to the House of Commons.

Ordered, That this House approves of this Paper; and that it be sent down to the House of Commons, and they desired to join with this House therein; which accordingly was sent down, by Sir Robert Rich and Mr. Page.

The Speaker signified, " (fn. 4) That the Lord Keeper had sent him a Paper, directed to his Lordship, wherein is inclosed a Message from the King to both Houses of Parliament;" which was read, in bæc verba: videlicet,

A Message from the King, concerning a Transcript of Lord Digby's Letter to the Queen.

Charles R.

Right Trusty and Well-beloved Counsellor, We greet you well.

These are to require you to deliver this inclosed Paper, with all convenient Speed, to the Lords in Parliament; and for so doing this shall be your Warrant. From Our Court at Canterbury, the 16th of February, 1641.

His Majesty, at the earnest Desire of His dearest Confort the Queen, hath thought fit to acquaint the Parliament, that She, understanding that a Letter addressed unto Herself hath been opened by the Parliament, and remains in their Custody, desireth that a Transcript thereof may be speedily sent Her, and declareth that, if the Parliament shall desire to be further satisfied from Her of any Particulars mentioned in that Letter, or any Circumstance concerning the same, so far forth as may any Ways relate unto or reflect upon Her Person, or of any Thing whatsoever concerning Her, She is ready and very willing to give them due Satisfaction therein; to which End His Majesty thinks it fit to advertise them, that She finds that the Embarking of Her Stuff and necessary Provisions will take up so much Time, that it will be Monday before Herself can be ready to set Sail."

Message to the H. C. with a Copy of the King's Message.

Ordered, That a Copy of this Message shall be sent to the House of Commons, by a Message; which was accordingly done, by Serjeant Whitfeilde and Serjeant Fynch.

Message from the H. C. with the following Petition.

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

To desire their Lordships to join with the House of Commons, in a Petition to His Majesty, concerning the Members of both Houses of Parliament that were accused of High Treason by Mr. Attorney General; which was read, as follows: videlicet,

To the King's Most Excellent Majesty.

Petition to the King, concerning Lord Kymbolton, and the Five Members of Parliament that are accused of High Treason.

The humble Petition of the Lords and Commons now assembled in Parliament,

Sheweth,

That whereas Your Majesty, in Answer to their late Petition touching the Proceedings against the Lord Kymbolton, Mr. Holles, Sir Arthur Haslerigg, Mr. Pym, Mr. Hampden, and Mr. Strode, Members of the Parliament, was pleased to signify that, as Your Majesty once conceived that You had Ground enough to accuse them, so now Your Majesty finds a good Cause wholly to desert any further Prosecution of them; notwithstanding which, they remain still under that heavy Charge so imputed unto them, to the exceeding Prejudice not only of themselves but also of the Parliament; and whereas, by the express Laws and Statutes of this Your Realm, that is to say, by Two Acts of Parliament, the one made in the 37th and the other in the 38th Year of the Reign of Your Most Noble Progenitor King Edward the Third, if any Person whatsoever make Suggestion to the King Himself, of any Crime committed by another, the same Person ought to be sent, with the Suggestion, before the Chancellor, or Keeper of the Great Seal, Treasurer, and the Great Council, there to find Surety to pursue his Suggestion; which if he cannot prove, he is to be imprisoned till he hath satisfied the Party accused of his Damages and Slander, and made Fine and Ransom to the King: The said Lords and Commons humbly beseech Your Majesty, that, not only in Point of Justice to the said Members in their Particulars, but for Vindication of the Rights and Privileges of Parliament, Your Majesty will be pleased to send the Person and Persons, that in this Case made the Suggestions or Informations to His Majesty against the said Members of Parliament, together with the said Suggestions or Informations, to Your Parliament, that so such good Fruits of the said good Laws may be had as was intended by them, and the Rights and Privileges of Parliament may be vindicated, which of Right and Justice ought not to be delayed."

To be presented to the King by a Committee of both Houses.

Ordered, That this House agrees with the House of Commons in this aforesaid Petition; and appoints the Earl of Carlile and the Earl of Monmouth to join with a proportionable Number of the House of Commons, to present the said Petition from both Houses of Parliament to His Majesty.

Answer to the House of Commons.

The Answer returned to the Messengers of the House of Commons was:

That this House agrees with the House of Commons, to present the aforesaid Petition to His Majesty; and, to that Purpose; have appointed Two Lords, to join with a Committee of their House.

Message from the H. C. for a Conference about Ireland.

A Message was brought from the House of Commons, by Sir Walter Earle:

To desire a Conference, by a Committee of both Houses, touching some Propositions concerning the effectual and speedy Reducing of the Kingdom of Ireland.

Answer.

The Answer returned was:

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

The Earl of Leycester and the Lord Robartes were appointed to report the Conference.

Answer from the House of Commons.

The Messengers that were sent to the House of Commons return with this Answer:

That they have delivered their Message to the House of Commons.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

And it is Ordered, That the Report of this Conference shall be made To-morrow Morning, at Nine a Clock.

Message from the H. C. for the Original of the King's Message about Lord Digby's Letter to the Queen.

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

To desire their Lordships to send to the House of Commons the Original of the King's Message sent this Day to the House; which accordingly was done, by the Messengers of the House of Commons.

Answer from the H. C. about the Message to the Spanish Ambassador.

The Messengers which were sent to the House of Commons return with this Answer:

That the House of Commons have considered of the Paper which is to be sent to the Spanish Ambassador; and they do fully agree with their Lordships in it.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 18^m diem Februarii, 1641, hora 9^a Aurora, Dominis sic decernentibus.