House of Lords Journal Volume 4: 25 March 1642

DIE Veneris, videlicet, 25 die Martii.

PRAYERS.

The Lord Keeper was appointed Speaker this Day.

Bill against Innovations in the Church.

Hodie 1^a vice lecta est Billa, An Act for the Suppression of divers Innovations in Churches and Chapels, in and about the Worship of God, and for the due observing of the Lord's-day, and the better Advancement of the Preaching of God's Holy Word, in all Parts of this Kingdom.

Lady Hastings and Mr. Poulton.

The Lord Keeper reported, "That, according to their Lordships Order, he hath endeavoured to mediate and compose an End and Agreement, in the Cause between the Lady Hastings and Mr. Poulton, but cannot effect it; therefore refers the said Cause back to their Lordships, to do therein as they shall think fittest."

Hereupon it is Ordered, That the Cause between the Lady Hastings and Mr. Poulton shall be heard here at this Bar, on Thursday next, being the 31st of this Instant March; at which Time the Parties on both Sides, with their Witnesses, are to attend the said Hearing accordingly.

Order for George Benyon to make his Defence.

Ordered, That George Benyon, now a Prisoner in The Tower, shall be brought before the Lords in Parliament on Saturday, the 26th of March 1642, at Nine a Clock in the Morning, to make his Defence, in a Cause of the Lord St. Johns and others against him the said George Benyon, to be heard in this House.

Directed, "To the Gentleman-usher, to be delivered to the Lieutenant of The Tower."

Sir John Pennington and Captain Wake attend.

The Lord Admiral signified to this House, "That Sir John Pennington and Captain Wake are come to attend their Lordships Pleasure, according to an Order of this House."

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

To let the House of Commons know, that Sir John Pennington and Captain Wake are come, being sent for upon their Desire; and likewise to give them to understand, that the Bill for raising of Four Hundred Thousand Pounds is annexed to the Commission.

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

Message from the H. C. with the Names of some Lords Lieutenants of Counties.

"To let their Lordships know, that the House of Commons have nominated and chosen the Earl of Bedford to be Lord Lieutenant of the County of Somersett; and the Lord Viscount Say & Seale to be Lord Lieutenant of the County of Chester, and the County and City of Chester; whereof they desire their Lordships Concurrence.

Lords Lieutenants who have not given in the Names of their Deputies.

"2. They think fit to let their Lordships know, that the Earl of Cumberland hath not delivered in the Names of Deputy Lieutenants for the County of Westmerland; nor the Earl of Lyncolne for the Division of Kestaven, in the County of Lyncolne.

And about the Form of the Deputations.

"3. The House of Commons desire their Lordships to take into Consideration the Forms of Deputations to be given to Deputy Lieutenants, according to the Ordinance of both Houses, for settling the Militia, and send them down to the House of Commons."

Lords nominated to be Lieutenants of Counties.

Ordered, That this House agrees with the House of Commons, in the Nomination of the Earl of Bedford to be Lord Lieutenant for the County of Som'sett; and the Lord Viscount Say & Seale to be Lord Lieutenant of the County of Chester, and County and City of Chester.

The Answer returned to the Messengers was:

Answer to the H. C.

That this House approves of the Earl of Bedford to be Lieutenant for the County of Som'sett; and the Lord Viscount Say & Seale to be Lord Lieutenant of the County of Chester, and of the County and City of Chester.

2. Concerning the Earl of Cumberland, that their Lordships have already sent to know his Answer, whether he will accept of the Nomination of both Houses to be Lord Lieutenant for the County of Westm; and, as soon as his Lordship's Answer is returned, the House of Commons shall know it.

Concerning the Earl of Lyncolne, he returns this Answer, "That he would be very willing to obey the Commands of both Houses, if the County of Lyncolne had been wholly committed to him; but, in regard it is divided, and but a Piece committed to him, he desires to be excused."

3. Touching the Form of Deputy Lieutenants, this House will take it into Consideration speedily.

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

Message to the H. C. concerning the Commission for passing the Royal Assent to the Bill for Four Hundred Thousand Pounds, being annexed to it, which is not usual.

To let them know, that this House hath received a Commission, under the Great Seal, for the giving the Royal Assent to the Bill for raising of Four Hundred Thousand Pounds; but the said Bill being annexed to the Commission, which is not the ordinary Way with Bills of this Nature, their Lordships thought it fit to acquaint them with it, and that it hath been passed both Ways, as appears by a Precedent in 18° Jacobi, when the Bill of Subsidies was passed in this Form; and further to signify to the House of Commons, that, if the said Bill do not pass thus, it must be sent back to the King, to have the Commission new made and sealed, which will much retard the Business.

Lord Darcy versus Savill.

It is this (fn. 1) Day Ordered, by the Lords in Parliament, That the Cause of the Right Honourable the Lord Darcy and Conyers, against Thomas and John Savile, shall be heard here at the Bar, the First Wednesday after Easter Week next, being the 20th Day of April 1642; and that the Examinations of William Phillips, John Keelinge, and Richard Wainwright, being formerly taken in this Cause in Chancery, shall be published, and made so far Use of it at the said Hearing as this House shall think fit; but, in Case there cannot be Publication had, according to the ordinary Rules of that Court, of the said Depositions before that Time, that then the same shall be read at the Hearing in this House; and to that End the Examiner and Clerk in Chancery shall attend the Lords in Parliament, with the Commission returned, and the Examinations taken in Court at the said Hearing in Parliament. And hereof they or either of them are not to fail.

Fresh field's Cause.

Ordered, That the Cause of Richard Freshfeild shall be heard before the Lords Committees for Petitions, on the Second Thursday in Easter Term next, being the 5th Day of May 1642, at Two a Clock in the Afternoon, in the Painted Chamber; and that, in regard of the poor Petitioner's great Charge already in this Suit, the Depositions formerly taken in this Cause in Chancery, and other Records, shall be so far made Use of, at the Hearing before their Lordships, as they in their Wisdoms shall think fit; and that all Parties and Witnesses in the said Cause shall attend the Hearing accordingly.

Ld. St. John versus Benyon.

Ordered, That the Cause of the Lord St. Johns, against George Benyon, being appointed to be heard Tomorrow, shall stand.

E. of Danby versus Sir William St. Ravyes.

This Day, Sir William San. Ravye's Answer to the Earl of Danbye's Articles against him was brought in; and this House received it.

Ordered, That the Lord Robartes do make the Report that lies in his Hands To-morrow, if there be Time.

Next, the Lords Committees reported the Draught of an Ordinance to be given to the Lords Lieutenants, according to the Ordinance of Parliament, and likewise a Draught of the Deputations to be given to the Deputy Lieutenants, which were read, as followeth; videlicet,

The Ordinance to the Lords Lieutenants.

"The Lords and Commons in Parliament assembled have, for the Safety of His Majesty's Person, the Parliament, and Kingdom, in this Time of imminent Danger, by Ordinance of the said Lords and Commons, Ordained, That you shall be Lieutenant of the County of, and shall have Power to assemble and call together all and singular His Majesty's Subjects within the said County of, 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 likewise to nominate and appoint such Persons of Quality as to you shall seem meet, to be your Deputy Lieutenants, to be approved of by both Houses of Parliament; and that any One or more of your said Deputy Lieutenants, so nominated, ordained, appointed, and approved of, shall, in your Absence, or by your Command, have Power and Authority to do and execute, within the said County of , all such Powers and Authorities as are before-mentioned: And the said Lords and Commons have likewise Ordained, That you shall have Power to make Colonels and Captains, and other Officers, and to remove them out of their Places, and to make others from Time to Time, as you shall think fit for that Purpose; and that you, and your Deputy or Deputies, in your Absence, or by your 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 County of ; and likewise shall have further Power and Authority to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, as well within the said County of 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 you, from Time to Time, shall receive Directions from the said Lords and Commons in Parliament.

The Deputation of Lords Lieutenants to Deputy Lieutenants.

"Whereas the Lords and Commons in Parliament assembled have, for the Safety of His Majesty's Person, the Parliament, and Kingdom, in this Time of imminent Danger, by an Ordinance of the said Lords and Commons, Ordained me to be Lieutenant of the County of, and to have Power to assemble and call together all and singular His Majesty's Subjects within the said County of, 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 Muster of them in Places most fit for that Purpose; and likewise to nominate and appoint such Persons of Quality as to me shall seem meet, to be my Deputy Lieutenants, to be approved of by both Houses of Parliament; and that any one or more of my said Deputy Lieutenants, so nominated, appointed, and approved of, shall, in my Absence, or by my Command, have Power and Authority to do and execute, within the said County of, all such Powers and Authorities as are before-mentioned: And whereas the said Lords and Commons have likewise Ordained, That myself, and, in my Absence, or by my Command, my Deputy or Deputies, shall have Power to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, together with their several Colonels, Captains, and Officers, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the said County of ; and likewise shall have further Power and Authority to lead, conduct, and employ the Persons aforesaid, arrayed and weapaned, as well within the said County of, 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 I from Time to Time shall receive Directions from the Lords and Commons assembled in Parliament: And whereas it hath been Ordered, by the Lords and Commons in Parliament, That I should deliver in the Names of Persons to be my Deputy Lieutenants in the said County of, that so they might be approved of by the Lords and Commons in Parliament; and whereas thereupon you (amongst others) have been by me nominated to be one of my Deputy Lieutenants of the said County of, and have been approved of by the said Lords and Commons in Parliament; these are therefore to appoint you (by virtue of the said Ordinance) to do and execute all such Powers and Authorities as are before-mentioned, according to the Tenor, Intent, and Purport thereof."

Ordered, That this House approves of the aforesaid Forms; and that they be sent to the House of Commons, to receive their Approbation.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 26^m diem instantis Martii, 1642, hora 9^a Aurora, Dominis sic decernentibus.