House of Lords Journal Volume 4: 26 February 1642

Die Sabbati, videlicet, 26 die Februarii.

PRAYERS.

Message from the H. C. concerning the Prince's removing to Greenwich.

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

To let their Lordships know, they are informed that, by the King's Appointment, the Prince is removed from Hampton Court to Greenwich, and that the Lord Marquis of Hertford is with (fn. 1) him; but they understand that there is an Intention that his Highness should go further: Therefore the House of Commons desires that some Members of both Houses be presently sent to Greenwich, to let the Lord Marquis of Hertford know, or whosoever hath the Custody of him, that the Prince be brought back to Whitehall forthwith.

The Prince to be brought to Whitehall, if the King is not at Greenwich.

This House taking this Message into Consideration, Ordered, That the Earl of Newport and the Lord Seymour, with a proportionable (fn. 1) Number of the House of Commons, shall go to the Lord Marquis of Hertford, and deliver this Message unto him from both Houses of Parliament, "That, if the King shall not be at Greenwich when they shall come thither, or that there be not such Certainty of His coming this Night thither as they will be answerable to this House for, then the Lord Marquis Hertford shall forthwith bring the Prince this Night to Whitehall: But, if the said Lord Marquis of Hertford be so indisposed in his Health as that he shall not be able to attend the Prince in Person, then the said Earl of Newport and the Lord Seymour, with the said Members of the House of Commons, are to bring the Prince to Whitehall this Night."

Commissioner appointed for Ireland.

The Lord Lieutenant of Ireland reported, "That the Committees for the Irish Affairs, according to the Order, have nominated Seven Lords out of the said Committee, which they offer to their Lordships Consideration, as fit Persons to join with the Fourteen Members of the House of Commons, to be Commissioners authorized by the Great Seal of England, to manage the Affairs of Ireland."

The Names were these: videlicet,

Ordered, That this (fn. 2) House approves of these Seven, to be Commissioners for the managing of the Affairs of Ireland.

Stanley sent for, for Words against the Parliament.

Upon Information, "That one Henry Stanley hath spoke scandalous Words against the Parliament," it is Ordered, That he shall be sent for, to attend this House; and that Franklyn and Cosens, that are his Accusers, shall be warned to appear, and give in Evidence against him.

A Message was brought from the House of Commons, by Sir William Lewis, Knight:

Message from the H. C. concerning a Jealousy of Soldiers raised in France, to help the Rebels in Ireland;

To let their Lordships know, that they have received Advertisement of Preparations in some Parts of France, which seem to menace this Kingdom, and are conceived to be for the assisting of the Rebels in Ireland; as by a Letter written to Sir Phillip Carterett, and also Two Examinations, one taken at Falmouth, and another taken at Pembrooke Town.

and for examining a Witness against Lord Digby.

2. The House of Commons desires that their Lordships would appoint the Lords Committees to take the Examination of Mr. Secretary Nicholas, in the Business concerning the Lord George Digby.

The Answer returned was:

Answer.

That this House agrees that Mr. Secretary Nicholas shall be examined by the Lords Committees concerning the Lord Digby.

Lord Loftus's Cause.

The Answers of Robert Lord Dillon, Sir Adam Loftus, and Sir Paul Davies, concerning the Cause of the Lord Loftus, were received by this House.

Earl of Shrewsbury Leave to travel.

Upon Information this Day given to the House, That the Right Honourable the Earl of Shrewsbury, having Leave of His Majesty to go beyond the Seas for his Health Sake, desired likewise Leave of this House;" it is Ordered, That the said Earl of Shrewsbury shall have free Liberty to go beyond the Seas, for the Recovery of his Health, as he hath desired.

"To all Mayors, Sheriffs, Justices of Peace, Customers, Comptrollers, Searchers, Constables, and other His Majesty's Officers and Ministers, whom this may any Way appertain."

Heywood sent for, for publishing a scandalous Paper against Lord Strange.

Upon reading the Petition of the Lord Strange, complaining, "That a scandalous printed Paper hath (fn. 2) been divulged and dispersed abroad by one Peter Heywood, whereby his Lordship is much dishonoured, being a Peer of this Kingdom;" it is Ordered, That the said Peter Heywood shall, within Eight Days after he shall be served with this Order, appear in Person before this House, to (fn. 3) answer such Things as he now stands charged withall, for his endeavouring to dishonour his Lordship, being a Member of this House; and hereof he may not fail, as he will answer his Contempt against this High Court.

Stanley at the Bar.

The Gentleman Usher having found Henry Stanley, he was commanded to be brought to the Bar; and then Richard Franklyn, a Waterman, upon Oath deposed, "That, about the Beginning of this Parliament, he carried Henry Stanley by Water, and he asked of him whether he was one of the Rogues that did desire a Parliament; and he answered Stanley, and said, They were Rogues that did not desire one: Whereupon Stanley replied, What a Pox would you do with a Parliament! pull the King's Crown off of His Head? There is none but my Lord Mayor and a Company of Cuckoldy Aldermen that do desire a Parliament, and they are all Sons of Whores that do desire one; and he hoped that the King will be pleased to carry the Terms unto Yorke."

These Words in Effect were proved also upon Oath by Cosens, Servant to the aforesaid Richard Franklyn.

Then Stanley being commanded to make Answer hereunto, he denied all.

Judgement given against him.

Hereupon the Parties were commanded to withdraw, and the House took this Business into Consideration; and, after mature Debate, the House gave this Judgement against Stanley:

"1. That he shall stand committed to The Fleet during the Pleasure of this House, and not be re (fn. 3) leased for this Business until he give sufficient Security for the good Behaviour.

"2. He shall be fined Two Hundred Pounds to our Sovereign Lord the King.

"3. He shall be disabled to serve the King in any Employment hereafter."

And the said Henry Stanley was brought again to this Bar as a Delinquent; and the Lord Keeper pronounced the aforesaid Judgement of this House against him.

Committed to The Fleet.

Then the Gentleman Usher took him into his Custody; and it was Ordered, That the said Henry Stanley shall be forthwith committed to the Prison of The Fleet, until the Pleasure of this House be further known; and that he shall not be released before he put in good Security for his good Behaviour.

Message from the H. C. about the Draught of a Letter, concerning the Adventure for Ireland;

A Message was brought from the House of Commons, by Sir Christopher Yelverton, Knight and Baronet, to this Effect:

"That, both Houses having agreed to the Propositions concerning the Adventure for Ireland, the House of Commons have made a Draught of a Letter, which they think fit to be sent to all Sheriffs, for their further Directions in that Business, wherein the House of Commons desires their Lordships Concurrence.

and for a Conference about Lord Digby.

"2. The House of Commons desires a present Conference, touching the Charge against the Lord George Digby."

The Draught of the Letter was read, in hæc verba: videlicet,

The Letter to the Sheriffs, concerning the Propositions about Ireland.

"Mr. Sheriff,

"The Lords and Commons, being deeply sensible of the unspeakable Calamities which His Majesty's good Subjects of the Kingdom of Ireland do now suffer; by the barbarous Cruelties and Massacres of the Rebels there; and conceiving these printed Propositions herewith sent (being ratified by His Majesty's Royal Assent and the unanimous Approbation of both Houses of Parliament) do undoubtedly tend to the speedy and effectual reducing of those bloody Rebels, the Propagation of the Protestant Religion, the augmenting of the Greatness and Revenue of the Crown of England, and the establishing of an happy and firm Peace for the future in His Majesty's Three Kingdoms, and all this to be effected (by God's Gracious Assistance) without the general Charge of the Subject, and to the great Advantage of those that shall underwrite; have thought fit to require you to publish these printed propositions and Instructions at this Lent Assizes, to the Intent that all His Majesty's good People within your County may take Notice of the Benefit they may receive by underwriting in due Time; and that so many of them then present, and willing to subscribe, may give up a Note of their Names, and Sums and Dates of their Subscriptions, to you, to be entered in the Paper Book mentioned in the printed Instructions, which is forthwith to be sent unto you.

"And you are further directed hereby, at this Lent Assizes (if they be not past), by the Advice and Assistance of the Justices of Peace for your County then present, to appoint certain Days and Places most convenient for this Service, when and where yourself and the Justices of the Peace in each Division will be present, to receive the Names and Sums and Times of Subscription of such of His Majesty's well-affected Subjects, within your County, as shall not have subscribed at this Lent Assizes; their Names, Sums, and Times of Subscription, to be likewise entered in the Paper Book: And, if this Letter come to your Hand after the Assizes, then to appoint such Times and Places as may best speed this Service. And further, yourself and the Justices of Peace, the Ministers of God's Word, and Persons of Quality, within your County, are hereby earnestly desired to shew themselves active and exemplary in advancing this great and pious Work, as a Service tending so much to the Glory of God, the Honour and Profit of His Majesty, and the Peace and Tranquillity of His Three Kingdoms for the future.

"And you are likewise to inform those that shall underwrite, that the Act of Parliament (which His Majesty hath promised to pass for the setting of those Two Millions and Half of Acres) is already in Hand; and that the Lands are to be divided so indifferently by Lot amongst them that are underwritten, that no one Man whatsoever shall have more Respect or Advantage than another in the Division.

"And lastly, you are to give a speedy Account to the Parliament of your Proceedings herein, and of those that do really advance this Service.

"Thus, not doubting of your utmost Care and Diligence, I bid you heartily farewell."

Ordered, That this House agrees with the House of Commons in this Letter; and that it be sent to the Sheriffs, subscribed by the Speaker.

Answer to the H. C.

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

That their Lordships do agree to the Draught of the Letter which is to be sent to the Sheriffs; and that this House will give them a present Conference, as is desired, in the Painted Chamber.

Report from the Committee for examining about the Contrivers of the London Petition, concerning the Militia.

Geo. Benyon to be committed.

The Lord Kymbolton reported, "That he and some Members of the House of Commons have examined the Lord Mayor of the City of London, concerning the Authors and Contrivers of the Petition against the Militia; and the Lord Mayor confesses, that George Benyon hath been the chief Contriver, Actor, and Promoter of that Petition; therefore (fn. 4) the Lords Committees do think it fit that the said George Benyon be committed to safe Custody, it being an Offence of a dangerous Consequence." Hereupon the House Ordered, That the Gentleman Usher attending this House, his Deputy or Deputies, shall forthwith attach the Body of George Beyon, and deliver him unto the Lieutenant of The Tower, or his Deputy, there to remain in safe Custody, until the Pleasure of this House shall be further known.

The Lord Viscount Say and Seale and the Lord Robartes were appointed to report this Conference.

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

Conference about Lord Digby reported.

The Lord Robartes reported the Effect of the Conference; which was, "That Sir John Evelyn said, he was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to present to their Lordships Articles of High Treason against the Lord George Digby; which Articles were read, in hæc verba: videlicet,

Articles of Impeachment against Lord Digby.

"Articles of Impeachment against George Lord Digby, by the Commons in this present Parliament assembled, in Maintenance of their Accusation, whereby he standeth charged with High Treason, in their Name, and in the Names of all the Commons of England.

"1. That the said George Lord Digby, in or about the Month of January 1641, maliciously and traiterously endeavoured to persuade the King's Majesty to levy Forces against His Majesty's Liege Subjects within this Kingdom; and the said George Lord Digby did, in or about the same Month, actually levy Forces within the Realm, to the Terror of His Majesty's Subjects.

"2. That the said George Lord Digby, in and about the said Month of January, and at other Times, falsely, maliciously, and traiterously, laboured to raise a Jealousy and Dissension between the King and His People, and to possess His Majesty that He could not live with Safety of His Person amongst them; and did thereupon traiterously endeavour to persuade His Majesty to betake Himself to some Place of Strength for His Defence.

"3. That the said George Lord Digby, in or about the same Month of January, and at other Times, did maliciously and traiterously endeavour to stir up Jealousies and Dissensions between the King and His Parliament; and, to that End and Purpose, did, the same Month of January, wickedly advise the framing of certain false and scandalous Articles of High Treason, against the Lord Kymbolton, Denzill Hollis, Esquire, Sir Arthur Haslerigg, Baronet, John Hampden, John Pym, and William Strod, Esquires, and did persuade His Majesty, accompanied with divers Soldiers and others, in Warlike Manner, to come in Person into the House of Commons sitting in Parliament, to demand the said Members of the said House, to the apparent endangering of His Majesty's Person, and the high Violation of the Privileges and Being of Parliaments.

"All which Matters were done by the said George Lord Digby, traiterously and wickedly to alienate the Hearts of His Majesty's Liege People from His Majesty, and set Division between them, and stir up War within this Kingdom.

"For which the said Commons do impeach him the said George Lord Digby of High Treason; and the said Commons, by Protestation, saving to themselves the Liberty of exhibiting at any Time hereafter any other Accusation or Impeachment against the said George Lord Digby, and also of replying to the Answer which he shall make to the said Articles, or any of them, or of offering Proof of the Premises, or any of them, or of any other Impeachment or Accusation that shall be exhibited by them, as the Case shall, according to the Course of Parliament, require; do pray that the said George Lord Digby may be put to answer all and every the Premises, in the Presence of the Commons; and that such Proceedings, Examinations, Trial, Judgements, and Executions, may be upon every of them had and used, as is agreeable to Law and Justice.

Sir John Evelyn's Speech.

"After this, Sir John Eveling delivered some Observations which the House of Commons have; and said, that this is a heavy Accusation, and such a one as needs no Aggravation, but Pity, that a noble Gentleman, as he was, should fall into so foul a Crime as to study the Destruction of his Country.

"In the House of Commons, they observed him to appear much for his Country till he had dived into the Secrets of that House; and then he quickly fell into ill Discourses and bitter Railings against that House; as in a Speech of his touching the Earl of Strafford, wherein the Commons, your Lordships, and the King, were involved in Murder: Being questioned for it, he fled from that House, and came to yours, where we found him in the same Way; there he said, This was no Free Parliament: Not long after, followed that high Breach of Parliament, in which Time he was observed to be a diligent Attendant on the Courts of the King and Queen: After that Plot discovered, and the King retired to Hampton Court, there we found him tampering with the Soldiers, saying, The King went out of Town but to save them from being trampled in the Dirt; and, by offering all strong Obligations to the Soldiers for doing the worst Service that ever was done to a King,

"Scelere tegendum Scelus.

"After this, he endeavoured to list Men; getting Names, offering himself and all he could for that Purpose; the Particulars whereof they will make by Proof to appear unto your Lordships.

"That Nobleness and Honour, that hath prompted your Lordships so long to stand in the Gap for the Good of the State, will easily suggest what he deserveth that would destroy it.

"He that will not omit to lay Jealousies between King and People, deserveth ill: But he that will foster them, and nourish them, the State will spew him out; they cannot digest him.

"He concluded, they would by Proof shortly make good the Articles now exhibited to your Lordships."

Nettervill's Petition concerning the Sheriff's removing him from his House to The Compter.

To return to the Sheriff's House; and the Sheriff sent for about it.

The Petition of Thomas Nettervill was read; shewing, "That whereas the House committed him to the Custody of Sheriff Clarke, to be in his House until he find Security that he shall not go into Ireland, the said Sheriff hath put him into The Compter in Wood-street; alledging that he, having Justice Berkly in his House, and a great Family, hath no Room for him; therefore desired he may be removed to some other Place, and have some Means allowed him to supply him with Cloaths and other Necessaries which he now wants:" Hereupon it is Ordered, &c. That Mr. Nettervill, now put into The Compter by Sheriff Clarke, shall be forthwith removed out of the said Prison, and carried unto the said Sheriff's House; and that the said Mr. Sheriff Clarke shall attend the Lords in Parliament on Monday next, and give Account unto their Lordships, why he hath not obeyed a former Order of this House, concerning the said Nettervill.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 28^m diem instantis Februarii, hora 9^a Aurora, Dominis sic decernentibus.