House of Lords Journal Volume 4: 18 March 1642

DIE Veneris, videlicet, 18 die Martii.

PRAYERS.

Rosewell and Bragg in Error.

The Lord Keeper signified to the House, "That the Lord Chief Justice of the King's Bench had a Record of a Writ of Error, of a Judgement given in that Court, in a Cause between Rosewell and Bragg, to be brought into this House, concerning which he desired to know the Pleasure of this House, and their Lordships Leave it should be brought in." The Lord Chief Justice went out, and came in with it; and having made Three Obeisances, he presented it at the Bar; and then he was commanded to bring it to the Lord Keeper; and, after Three Obeisances more made, he laid it at the End of the Lord Keeper's Wool-sack; and the Lord Keeper delivered it to the Clerk of the Parliament, who brought both the Original Record and the Transcript to his Table, and, having examined the Transcript, returned the Record.

Sir Thomas Cary versus Bp. of Ardagh.

Upon reading the Petitions of the Bishop of Ardagh in Ireland, and Sir Tho. Caryes, Knight, it is Ordered, That the Earls of Bathon, Warwicke, and Dover, and the Lord Pagett, the Lord North and the Lord Capell, or any, of them, shall (fn. 1) meet on Tuesday next, in the Afternoon, in the Painted Chamber, and examine the Truth of the Business in Difference, and then report the true State of the Cause unto this House, who will then give further Directions therein.

Next, a Petition was presented to this House, by Alderman Wollaston, and divers other Citizens of the City of London, which this House received, and commanded it should be read in their Presence; which was accordingly read, in bæc verba:

Petition of the Mayor, Aldermen, and Common Council of London.

"To the Right Honourable the Lords in the High Court of Parliament assembled.

"The humble Petition of the Mayor, Aldermen, and the rest of the Common Council, of the City of London.

"Sheweth,

"That the Petitioners do much rejoice in the happy Concurrence of both Houses of Parliament, as in other Things, so especially in that most necessary Ordinance, touching the Militia of this Kingdom and Dominion of Wales, whereunto the Petitioners do most humbly and chearfully submit, for the Safety of His Majesty, the Parliament, and Kingdom; for the ordering whereof many pressing Petitions from most Parts of the Kingdom have been exhibited, in this Time of imminent Danger, proceeding from the bloody Counsels of Papists, and others ill affected to the Honour, Peace and Prosperity, of our most Gracious King and His Kingdoms.

"And the Petitioners do likewise humbly return all possible Thanks unto your Lordships, for the great Honour and high Favour vouchsafed, in giving them Leave to nominate the Persons to whom the Militia of this City should be committed, and for accepting and approving of the Nomination and Return made to the Honourable House of Commons, by the Petitioners, on that Behalf.

"But this their Joy is much disturbed and interrupted by an untrue, unadvised, and dangerous Petition, in tituled, "The humble Petition of the Citizens of London, whose Names are underwritten, directed and delivered in February last to the Lords and Commons assembled in Parliament," and since published in Print, with this Title, "The humble Petition of the Citizens of London," thereby to publish it through the Kingdom as the Petition of all the Citizens; wherein is set forth (as appeareth by One of those printed Copies annexed), That the ordering of the Arms of London hath, Time out of Mind, been annexed to the Mayoralty of the said City; that the conferring thereof upon others would reflect upon the Government and Customs of this City, granted by the Great Charter of England, and confirmed by divers Acts and Charters since that Time, and which every Freeman of the said City is, by the Oath of his Freedom, bound to maintain to the utmost of his Power and that such Alteration in the ancient Government might breed great Distractions and Inconveniences, or to this Effect.

"Nor this alone; but the Petitioners are yet more deeply wounded and grieved, by the presumptuous Boldness of the Publishers of the said Petition in Print, by joining therewith His Majesty's Answer and Denial, intituled, "His Majesty's Message to both Houses of Parliament, February 28, 1641;" which Answer, as your Petitioners humbly conceive, was grounded upon the said Petition, and Misinformation of some Persons ill affected to His Majesty and to the City, who have thereby and otherwise often endeavoured to make Divisions betwixt the King and the Parliament, betwixt the Parliament and the City, and betwixt the Citizens among themselves, to the intolerable Abuse of His Sacred Majesty, and of all His loyal Subjects; and they verily believe, that this bold publishing in Print of the said Petition, and His Majesty's Message, which shortly after followed the exhibiting of the said Petition, together in One printed Paper, was purposely done, wickedly and seditiously to make Divisions as aforesaid, to beget an Opinion throughout the Kingdom that the City of London doth not intend to conform unto, but complain of, and oppose, the aforesaid Ordinance, and to make the said Petition a desperate Precedent to the rest of the Kingdom to do the like, thereby to hinder the chearful, needful, lawful, and unanimous Concurrence of the Kingdom, in yielding due, full, and timely Obedience to the said Ordinance:

"They do therefore humbly pray, That your Lordships will vouchsafe,

"1. To believe that neither this, nor any other Petition of the like Kind, ever came from the Petitioners, nor was framed, contrived, or approved of by them; and that they do wholly, and with Detestation, disavow and disclaim the same, as an untrue, unadvised, and dangerous Petition.

"2. To put a Difference between the Authors, Contrivers, Promoters, Advisers, Publishers, and Printers of it, and such as it shall appear to your Lordships were by Subtlety drawn in unawares to subscribe the same without any malignant Intention, and shall clearly and fully acknowledge their Error and Rashness therein; and that this latter Sort may have such lawful Favour as may stand with the Honour and Justice of the High Court of Parliament.

"Lastly, they do humbly pray your Lordships will still increase their Joy, by endeavouring to uphold and continue, by all good Means, that blessed Concurrence of both Houses of Parliament in all your great Affairs, and effectually to proceed against all Disturbers and Underminers thereof, and that shall endeavour to beget or cherish any Misunderstanding, or to make Division betwixt the King and Parliament, whom God and the Laws of the Land have united in so near a Relation; and they shall ever be ready to assist and stand by your Lordships therein, with their Lives and Estates, to the utmost of their Power, according to their late Protestation.

"And shall incessantly pray, etc.

"Rob. Michell, Dep. Com.

"Cleric. Civ. London."

This being read, the Parties that presented it were commanded to withdraw; and this House taking the same into Consideration, made these Orders following.

This Petition to be printed.

Ordered, That this Petition, now presented and read, shall be forthwith printed and published.

The Petition concerning the Militia in the Name of the Citizens of London, to be burnt.

Ordered, That a seditious printed Petition, intituled, "The Petition of the Citizens of London to both Houses of Parliament, dated the 26th of February 1641, concerning the Settling of the Militia in that City," shall be forthwith called in, and burnt in Cheapside, Smithfield, and The New Palace in Westminster, on Saturday the 20th of this Instant March, by the Hands of the Common Hangman.

Thanks given to the Persons that brought the Petition from the Common Council.

And the House having resolved (fn. 2) what Answer to give to the Persons that presented this Petition, they were called in; and the Lord Keeper, by Directions of this House, told them, "That this House gives them Thanks for their Readiness and Forwardness in their Obedience to the Ordinance of both Houses of Parliament for the Settling of the Militia, expressed in this Petition, and for their Care of preventing Disorders that might have happened, by the preferring and exhibiting to the Houses of Parliament a false and scandalous Petition, in the Name of the City, concerning the Militia: And, for the better declaring to the World the good Affections of the City of London, their Lordships have Ordered, That the Petition now presented by them shall be printed and published forthwith: And for the scandalous Petition, the Lords are resolved it shall be burnt by the Hand of the Common Hangman; but their Lordships do intend to make a Difference between those that were the Authors and Contrivers of the said Petition, and those that were seduced and ignorantly drawn in to subscribe to that Petition."

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

Message from the H. C. about disposing of Money come in upon the Act of Contribution; for 200l. to be given to the Countess of Kildare;

To desire that this House would appoint a Committee of Lords, to join with a Committee of the House of Commons, to take Order for the disposing of the Monies that shall come in upon the Act of Contribution, according to the said Act.

2. That the House of Commons desired their Lordships to join with them in an Order, That Two Hundred Pounds may be given, out of the Contribution upon the said Act, to the Countess of Kildare, whose Estate is in the Hands of the Rebels.

for 1000l. to be paid for Londonderry, etc.

3. To desire that their Lordships would join with the House of Commons, that One Thousand Pounds, that was brought in by the voluntary Contribution of the several Companies of London, for the Relief of Ireland, and especially for Londonderry, be forthwith paid to Sir Thomas Staple and Mr. Newbury, upon Account, to pay for Six Hundred Arms that are bespoke, and ready, for the Defence of that Place.

and for 200l. to be paid to Dr. Temple, for Irish Affairs.

4. To desire their Lordships to join with the House of Commons, that the Two Hundred Pounds taken up in Ireland upon Sir John Temple's Bond, and Sir Robert Meridcth, for Relief of the poor English in Dublin, be paid to Mr. Doctor Temple in Battersey, out of the first Monies that shall come in upon the Act of Contribution, according to the Desires and Directions of the Lords Justices in Ireland.

Committee for disposing of the Money, pursuant to the Act of Countribution.

Ordered, That this House agrees with the House of Commons in all the Particulars of this Message; and do appoint these Lords following to join with a proportionable Number of the House of Commons, to see the disposing of the Contribution Money according to the Act of Parliament: videlicet,

Their Lordships, or any Three, to (fn. 3) meet when they please.

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

Answer to the H. C.

That this House hath appointed a Committee of Eleven Lords, to join with a proportionable Number of the House of Commons, to dispose of the Contribution Monies for Ireland; and that their Lordships do agree with the House of Commons in all the Orders now brought up.

Gaye, a Printer, attached for printing false Passages.

Ordered, That the Gentleman Usher attending this House shall attach the Body of William Gaye, Printer, for printing a false Paper, intituled, "Some Passages that happened the 9th of March, between the King's Majesty, and the Committee of both Houses, when the Declaration was delivered to Him;" and that the said Gaye be brought before this House Tomorrow, to be examined of whom he had the Copy of this Paper: And it is further Ordered, That the Master and Wardens of the Company of Stationers shall take Care that these Papers be forthwith called in, and that no more of them be further published.

Bill to regulate Printing to be brought in.

Ordered, That the Judges shall prepare a Draught of (fn. 3) a Bill to regulate Printing, and to present the same to this House.

Mr. Steward's Cause to be heard.

The Earl of Bedford informed this House, "That he was desired, by the Scotts Commissioners, to let their Lordships know, that the Parliament of Scotland do recommend to their Lordships the Cause of Mr. Henry Steward, depending in this House, and desire their Lordships would please to give a speedy Hearing in the said Cause:" Hereupon it is Ordered, That the Cause between Mr. Steward and the Lord Cromewell, the Bishop of Derry, the Bishop of Corke in Ireland, Sir Phillip Manwaringe, and Sir George Ratcliffe, and others, shall be heard before the Lords Committees for Petitions on Monday come Sevennight, being the 28th of this present March, at Two of the Clock in the Afternoon, in the Painted Chamber; at which Time the Parties, or their Agents, are to attend the said Hearing accordingly.

Lord Seymour Leave to be absent.

Ordered, That the Lord Seymour hath Leave to go into Wilts, for a Month or Five Weeks; and, in the mean Time, to be excused for his Absence.

Commitee for Defence of the Kingdom.

Ordered, That the Committee for the Defence of the Kingdom shall meet To-morrow Morning, at Eight of the Clock, in the Painted Chamber, concerning Sir Phillip Carterett's Petition.

Lords to bring in their Commissions of Lieutenancy.

Ordered, That those Lords that have not brought in their Commissions of Licutenancy, and Commissions of Array, shall have Notice, by the Officers of this House, to bring them in speedily.

Legay and Fairevaux about Tobacco in Guernsey.

Upon reading of the Certificate of William Cockaine, William Barkly, Phillip Burlamachi, and Richard Cogan, "That it hath appeared before them, that there is Tobacco in the Isle of Gernsey, which properly belongs to Isaack Legay and Daniell Fairevaux, and, unless it be speedily looked to, it will perish, and be a great Loss to the Parties; therefore they think it fit it be restored to the Owners:" Hereupon it is Ordered, That the Parties on the other Side shall have Time until Saturday the 26th of this Instant March, to shew Cause why the said Certificate should not be confirmed by this House.

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

Message from the H. C. for the Lords to sit a while.

To desire their Lordships to sit a while, for they shall have Occasion to come up to their Lordships concerning a Business of Importance.

The Answer returned to this Message was:

Answer.

That this House will sit a while, as is desired.

Report from the Committee about Merchant Strangers Bullion.

The Lord Robartes reported from the Committee, which was appointed to consider of the Merchant Strangers Petition, concerning the securing of Bullion of the Subjects of the King of Spaine, "That the Lords Committees have framed a Draught of an Order;" which was read, in hæc verba: videlicet,

Order for securing it.

"Whereas the Merchants and Factors who deal and negotiate here in this Kingdom, for the King of Spaine and His Subjects, for the Importation of Bullion to supply His Majesty's Mint, have been humble Suitors for a Declaration of both Houses of Parliament, That the Bullion brought into this Kingdom to be coined shall be safely and securely brought to His Majesty's Mint, without any Hindrance; and that no Letters of Mart, or Reprisal, may be granted, whereby the Bullion conveyed in English Vessels, and without Deceipt consigued to the Inhabitants of this Kingdom, and really intended to be brought to His Majesty's Mint, shall be taken or made Prize, by virtue of any such Commission or Letters; which the Lords and Commons having taken into Consideration, do think fit and reasonable, and do require all His Majesty's Officers and Ministers to take Notice hereof."

To be communicated to the H. C.

Ordered, That this House approves and confirms this Order; and that it be communicated to the House of Commons, to receive their Concurrence.

Harrison and Patey sent to the House of Correction in Berks, for killing Deer in Windsor Forest.

Ordered, That Aminadab Harrison and Thomas Patey, now in the Custody of the Gentleman Usher of this House for killing and destroying of His Majesty's Deer at Windsor, shall be forthwith sent from Constable to Constable, unto the House of Correction in the County of Berks, there to be kept to Work until the Pleasure of this House be further known.

Kelly released.

Ordered, That Bryan Kelley, a Prisoner in Newgate, by Order of this House, shall be released, and set at Liberty, of and from his present Restraint and Imprisonment, concerning the Business he stands now committed for by this House.

No Lord to have Leave of Absence but in a full House.

Ordered, That no Leave shall be given to any Lord to be absent, but in a full House.

Lord Pierpoint excused.

Ordered, That the Lord Pierpointe is excused for being absent this Day, being not well.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. that the Lords have adjourned.

To let the House of Commons know, that this House having sat a while as was desired, hath adjourned until To-morrow Morning, at Nine of the Clock.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 19^m diem Martii, 1641, hora 9^a Aurora, Dominis sic decernentibus.