House of Lords Journal Volume 4: 28 March 1642

DIE Lunæ, videlicet, 28 die Martii.

PRAYERS.

The Lord Keeper Speaker.

Wilsons, Privaters, attached for printing a forged Letter from the Queen.

Ordered, That the Gentleman Usher attending this House, shall forthwith attach the Bodies of Wilson the Son, and Wilson the Father, and bring them before this House, to answer (fn. 1) their Offences, for Printing and Publishing a supposed and scandalous Letter, pretended to be written from the Queen in Holland, to His Majesty.

Letter from Vienna, about scandalous Pamphlets sent there.

Judges to prepare a Bill for regulating Printing.

The Lord Admiral signified to this House, "That he received a Letter from Sir Thomas Roe, Ambassador at Vienna, who much complains that Weekly there comes over thither scandalous Pamphlets printed, which are there translated into Dutch, and tend much to the Dishonour of this Nation, to have such Falsities spread abroad:" Hereupon this House Or dered, That the Judges shall prepare a Draught of a Bill for the regulating of Printing, (fn. 2) and present the same to this House.

Next, the Lord Chamberlain acquainted this House, "That he hath received a Letter from His Majesty, to give his Attendance at Yorke; but, before he took any Resolution therein, he thought it his Duty to acquaint this House therewith, and to receive their Lordships Directions."

The Letter was commanded to be read, in hæc verba: videlicet,

Letter from the King for the L. Chamberlain to attend him at York.

"To Our Right Trusty, and Right Well-beloved Cousin and Counsellor, Robert Earl of Essex, Chamberlain of Our Houshold.

"CHARLES R.

"Right Trusty and Right Well-beloved Cousin and Counsellor, We Greet you well. Whereas We are resolved to keep Our Easter and St. George's Feast in this Our City of Yorke; We hold it therefore very requisite and necessary, that, for Our Honour and Service, the chief Officers of Our House attend Us here in Person. Our Will and Command therefore is, That you repair hither to Our Court, as soon as you may conveniently, to give your Attendance in the Place and Charge which you hold under Us, as a Prime Officer of Our House, and Counsellor of State; wherein as We doubt not your ready Observance of this Our Command, so We shall expect your present Answer thereunto.

"Given at Our Court at Yorke, the 23d of March, 1641."

Like Letters to other Lords.

The like Letter the Earls of Sarum, Holland, and the Lord Savill, received, and acquainted the House therewith.

to come to York.

Resolution of the House upon those Letters.

Hereupon this House entered into a great Debate of this Business, as a Matter of great Importance; and it was Resolved, upon the Question, That the Lord Chamberlain of His Majesty's Houshold, the Earl of Salishbury, the Earl of Holland, and the Lord Savill, and all other Lords that have not Leave of this House to be absent, shall give their Attendance on this House, in regard of the great and weighty Affairs of the Kingdom now in Agitation.

Reasons of this Resolution to be sent to the King.

Ordered, That the Lord Keeper shall signify to the King this Resolution, and the Reasons (fn. 3) which moved their Lordships thereunto. And the Lord Admiral, the Earl of Leycester, the Lord Viscount Say & Seale, the Lord Brooke, and the Lord Robartes, were appointed Committees, to draw up the said Reasons, and present the same to this House.

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

Message from the H. C. with the Bill to amend the Act for reducing the Irish Rebels.

To present to their Lordships a Bill, which hath passed the House of Commons, intituled, "An Act for adding and explaining of certain Clauses, in another Act made this Parliament, intituled, An Act for the speedy and effectual reducing of the Rebels in His Majesty's Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England;" and, in regard it much concerns the present Affairs of Ireland, the House of Commons desire their Lordships to give Expedition herein.

L. Seymour to attend this House.

This House was informed, "That the Lord Seymour having obtained Leave of this House to go into Wiltshire, to his own House, for a little Time, to settle his necessary Affairs there, and in his Journey was intercepted by a Messenger and a Letter from the King, to command him to attend His Majesty at Yorke:" Hereupon this House Ordered, That the Lord Seymour shall come and give his Attendance on this House before he goes to Yorke.

Bill to amend the Act for reducing the Irish Rebels.

Hodie 1^a vice lecta est Billa, An Act for adding and explaining of certain Clauses, in another Act made this Parliament, intituled, "An Act for the speedy and effectual reducing of the Rebels in His Majesty's Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England."

Message from the H. C. for a Conference concerning Informations from Kent, touching Breach of Privilege, and the Peace of the Kingdom; and for Justice Mallet to attend it:

A Message was brought from the House of Commons, by Sir John Evelyn, Knight:

To desire a present Conference, touching some Information which they have received from Kent, which concerns the Breach of the Privileges of Parliament, and the Disturbance of the Peace of the Kingdom; and the House of Commons do likewise desire that Mr. Justice Malett may be present at the said Conference, to (fn. 4) answer such Questions as they desire may be asked him.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired; and that Mr. Justice Mallett shall be present at it.

L. Loftus's Cause.

Ordered, That the Cause of the Lord Viscount Loftus shall be heard on Thursday next, the First Cause.

Mr. Arundel versus L. Baltimore.

Upon reading the Petition of the Lord Baltimore, desiring, "That the Ne exeat Regnum, which is to be issued out against him, may be stayed, until he be heard by his Counsel why it should not be granted;" it is Ordered, That the Right Honourable the Lord Keeper of the Great Seal of England shall be hereby desired to hear, as soon as conveniently he may, the Counsel of the said Lord Baltimore, and the Counsel of William Arrundell, Esquire (if he shall desire it), why a Writ of Ne exeat Regnum should not issue out against the said Lord Baltimore, on the Behalf of the said Mr. Arundell, and report the same to this House.

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

Conference concerning Informations from Kent, touching Breach of Privilege, and the Peace of the Kingdom, reported.

The Lord Keeper reported the Effect of this Conference; which was, "That the House of Commons hath been informed of a Petition intended to be delivered to both Houses of Parliament, which is of a dangerous Consequence; and that the same was read this last Assizes at Madeston, in Kent, the 25th of March last, as may appear by the Information, which was read, as followeth:

Jones's Information.

"I Francis Jones, out of that Duty which I owe to this Honourable Assembly of Parliament, being bound thereunto by virtue of the Protestation which lately I have taken, desire to relate, according to my best Remembrance, sundry Passages, which fell out at the Assizes at Maidston, in Kent, upon the 25th Day of this present Month of March.

Particulars of the Information out of Kent.

"First, there was a Petition read in open Court, with Intent to deliver it to the Parliament, consisting of Seventeen Particulars; some of the which are these:

"That the Government of Bishops might still remain as they be, being as ancient as Christianity in England.

"That the Liturgy and Common Prayer Book might still remain.

"That such might be punished, who either absent themselves from it, or speak against it.

"That all the Ministers and People might be brought into an Uniformity to this.

"That no Order might issue out of this Honourable House, to be enjoined upon the People, without it be an Act of Parliament, from either of the Houses.

"That there might issue no Order from this Honourable House concerning the Militia, to be imposed upon them, without the King's Hand; and that there might be the Names of the Men, and the Number of the Arms, set down in that Order.

"That they will presently apply themselves to His Majesty's Message of the 20th of January last.

"That they will establish the Civil Laws, that they which be Civil Lawyers might not lose their Studies.

"That they would speedily relieve our Brethren in Ireland.

"That they would be pleased to establish the Privilege of Parliament, and the King's Majesty's Regal Power.

"Sir Edward Deering with great Earnestness pressed to have a Copy of the Petition sent to the King; which was denied, as I think."

Sir Edward Deering and others, to be sent for as Delinquents.

This Information being read; it was reported, "That the House of Commons are informed, That Sir Edward Deeringe, Sir Roger Twisdell, Sir George Strode, and Mr. Richard Spencer, have been active Men in contriving and presenting of this Petition; therefore they desire their Lordships would join with the House of Commons, that they may be sent for as Delinquents;" which was agreed unto by this House, and Ordered accordingly, To appear before this House presently.

Further the House of Commons desires their Lordships would appoint a select Committee of Lords, to join with a select Committee of the House of Commons, to examine this Business to the Bottom; for which Purpose this House nominated these Lords following to be Committees:

Committee to examine the Business further.

Their Lordships, or any Five, to meet when and where they please.

A Message was sent to the House of Commons, by Serjeant Ayliff and Serjeant Fynch:

Message to the H. C. concerning the Kentish Petition.

To let them know, that, according to their Desires, this House Ordered, That Sir Edward Deering, Sir Roger Twisdell, Sir George Strode, and Mr. Richard Spencer, shall be sent for as Delinquents, to appear before the Lords in Parliament; and have appointed a Committee of Twelve Lords, to join with a Committee of the House of Commons, to examine this Business further.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 4^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

The Messengers return with this Answer:

Answer from the H. C. about the Kentish Petition.

That the House of Commons have appointed a Committee, to join with the Committee of this House, for examining of the Business concerning the Petition of Kent.

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

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

To present to their Lordships a Draught of a Petition to His Majesty, concerning the Earl of Warwicke to command in chief in this Summer's Fleet, wherein the House of Commons desires their Lordships Concurrence with them.

The said Petition was read, in hæc verba: videlicet,

"To the King's most Excellent Majesty.

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

"May it please Your Majesty,

Petition to the King, for the E. of Warwick to command the Fleet.

"The Lords and Commons in this present Parliament assembled, having found it necessary to provide and set to Sea a strong and powerful Navy, for the Defence of this Kingdom against Foreign Forces, and for the Security of Your other Dominions, the Charge whereof is to be borne by the Commonwealth; and taking Notice of the Indisposition of the Lord Admiral, which disables him at this Time from commanding the Fleet in his own Person; did thereupon recommend unto his Lordship the Earl of Warwicke, a Person of such Quality and Ability as in whom they might best confide, to supply his Lordship's Room for this Employment; and understanding that Your Majesty hath since signified Your Pleasure concerning that Command for Sir John Pennington, we do hold it our Duty to represent unto Your Majesty, the great Danger and Mischief the Commonwealth is like to sustain by such Interruption; and therefore do humbly beseech Your Majesty, that the Noble Person recommended by both Houses of Parliament for this Service may no longer be detained from it, out of any particular Respect to any other Person whatsoever."

L. Keeper to send the Petition to the King.

Ordered, That this House agrees with the House of Commons in this Petition; and appoints the Lord Keeper to send it to the King, from both House of Parliament.

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

Answer to the H. C. about it.

That this House agrees with the House of Commons in this Petition to the King, concerning the Earl of Warwicke to commmand in chief in this Summer's Fleet, and have appointed the Lord Keeper to send to His Majesty.

A Message was brought from the House of Commons, by Sir John Evelyn, Knight:

Message from the H. C. against Sir William Willmer, High Sheriff of Northampton.

To acquaint their Lordships, "That Sir William Willmer, Knight, High Sheriff of the County of North'ton, hath broken the Privileges of Parliament, and hath endeavoured to disturb the Peace of the Kingdom, by seditious Words and Actions;" and the House of Commons do transmit both the Person of the said Sir William Willmer and his Cause unto their Lordships Justice; desiring that this House would appoint some Lords to take the Examinations upon Oath of some Witnesses, which have stayed long in Town to testify in this Cause.

To move the King for Guns and Ammunition for Ireland.

2. The House of Commons desired their Lordships Concurrence, "That the King be moved, from both House of Parliament, to give Order to the Master of the Ordnance, to deliver, to the Use of the Scotts, for the Defence of the Province of Ulster in Ireland, out of the Stores, Six Pieces of Demi-cannon, of the Ball of Twenty-four Pound Weight, with their Equipage."

Ordered, That this House agrees with the House of Commons in this Order; and appoints the Lord Keeper to send this Order, with the Petition concerning the Earl of Warwicke, to His Majesty, from the Parliament.

To know why the Scots are not yet transported into Ulster.

Ordered, That the Lords Commissioners do move the Scotts Commissioners from this House, to know a Reason why the Scotts are not yet transported into the Province of Ulster in Ireland, for the Defence of that Province.

Committee to examine Sir William Willmer's Business.

Ordered, That these Lords following are appointed Committees to take the Examinations of the Witnesses in the Cause concerning the High Sheriff of North'tonshire:

Their Lordships, or any Two, to meet when and where they please.

Answer to the H. C.

The Answer returned to the aforesaid Message was:

That this House hath appointed a Committee of Lords, to take the Examinations of the Witnesses in the Cause concerning the High Sheriff of North'tonshire; and that their Lordships do agree with the House of Commons in the Order now brought up, and appointed the same to be sent to His Majesty from both Houses of Parliament.

Marquis of Hertford's Commission for Somerset delivered in.

This Day the Lord Marquis of Hertford delivered in his Commission of Lieutenancy for the County of Somersett.

Steward's Cause to be heard.

Ordered, That Mr. Steward's Cause shall be heard peremptorily this Day Sevennight, before the Lords Committees for Petitions, in the Painted Chamber, at Three of the Clock; and Parties and Witnesses on both Sides are to have Notice, to attend accordingly.

Amendment in the Ordinance for the Militia.

Ordered, That the Word ["eminent"], miswritten in the Ordinance of both Houses for the Militia, shall be altered, and made ["imminent"].

Bill to amend the Act for reducing the Irish Rebels.

Hodie 2^a vice lecta est Billa, An Act for adding unto, and explaining of, certain Clauses in another Act, made this Parliament, intituled, "An Act for the speedy and effectual reducing of the Rebels in His Majesty's Kingdom of Ireland to their due Obedience to His Majesty, and the Crown of England."

Committed to these Lords following: videlicet,

Their Lordships, or any Three, to meet at the Rising of the House this Day.

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

Message to the H. C. with the Forms of the Ordinances for the Lords Lieutenants and Deputy Lieutenants.

To deliver to them the Forms and Draught of an Ordinance, to be given to the Lords Lieutenants of the several Counties of England and Dominion of Wales; and also the Draught of the Form of a Deputation, which is to be given to the Deputy Lieutenants, according to the Ordinance of both Houses of Parliament for settling the Militia; and to let the House of Commons know, that this House hath approved of the same, and desire their Concurrence therein.

E. of Bristol produces a Copy of the Kentish Petition.

Next, the Earl of Bristoll produced the Copy of the Kentish Petition delivered to him by Mr. Justice Mallett, who received it from Sir George Strode, by the Hand of Mr. Cope, an Attorney at Maidston.

The Contents whereof follow: videlicet,

"To the Honourable House of Commons.

"The humble Petition of the Gentry, Ministers, and Commonalty, for the County of Kent, agreed upon at the General Assizes for that County,

"Most humbly sheweth,

"That we cannot but take Notice how welcome to this Honourable House many Petitions have been, which yet came not from any assembled Body of any County, as this doth: We do hope to find as gentle and as favourable Reception of this, as any others have found of their Petitions; our Hearts witnessing unto us as good, as peaceable, and as pious Purposes as the best: These are therefore the true and ardent Desires of this County:

"1. That you will please to accept of our due and hearty Thanks, for those excellent Laws, which, by His Majesty's Grace and Goodness, you have obtained for us.

"2. That all Laws against Papists be put in due Execution, an Account taken of their disarming, and that all Children of Papists may be brought (fn. 5) up in the Reformed Religion.

"3. That the solemn Liturgy of the Church of England, celebrious by the Piety of (fn. 6) holy Bishops and Martyrs who composed it, established by the supreme Law of this Land, attested and approved by the best of all Foreign Divines, confirmed with Subscription of all the Ministers of this Land, a Clergy as learned and as able as any in the Christian World, enjoyed, and with holy Love embraced, by the most and best of all the Laity; that this holy Exercise of our Religion may, by your Authority, be enjoyed, quiet and free from Interruptions, Scorns, Prophanations, Threats, and Force of such Men, who daily do deprave it, and neglect the Use of it in divers Churches, in Despight of the Laws established.

"4. That Episcopal Government, as ancient in this Island as Christianity itself, deduced and dispersed throughout the Christian World even from the Apostolical Times, may be preserved, as the most pious, most prudent, and most safe Government for the Peace of the Church.

"5. That all Differences concerning Religion and Ceremonies may be referred to a lawful, free, national Synod; and, as your Remonstrance promiseth, a general Synod of most grave, pious, learned, and judicious Divines, the proper Agents, whose Interest, Gifts, and Callings, may quicken them in that great Work, whose Choice to be by all the Clergy of the Land, because all the Clergy are to be bound by their Resolutions, and the Determinations of this Synod to bind us all, when you have first formed them into a Law; and this we take to be according to the ancient fundamental Law of the Land, confirmed by Magna Charta.

"6. That some speedy and good Provision may be made (as by His Majesty hath been, and is by all good Men, desired) against the odious and abominable Scandal of schismatical and seditious Sermons and Pamphlets, and some severe Law made against Laymen, for daring to arrogate to themselves and to exercise the Holy Function of the Ministry, who some of them do sow their impious discontented Doctrines even in Sacred Places, by Abuse of Sacred Ordinances, to the advancing of Heresy, Schism, Prophaneness, Libertinism, Anabaptism, Atheism.

"7. That, if the coercive Power of Ecclesiastical Courts, by Way of Excommunication, be already abrogated, (fn. 7) or shall be thought fit so to be, that there be some other Power and Authority speedily established, for the suppressing of the heinous and nowso-much abounding Sins of Incest, Adultery, Fornication, and other Crimes, and for the recovering of Tithes, repairing of Churches, Probates of Wills, Church Assess, and Providings of Bread and Wine for the Communion, and Choice of Churchwardens and other Officers in the Church, and especially for Ministers who neglect the celebrating of the Holy Communion, and for Parishioners not receiving.

"8. That the Professors of that learned Faculty of the Civil Law, without which this Kingdom cannot but suffer many Inconveniences, may not find Discouragement, and so desert their Studies and Professions.

"9. That Honour and Profit, the powerful Encouragements of Industry, Learning, and Piety, may be preserved, without any further Diminution to the Clergy.

"10. That you please sadly to consider the bleeding Wounds of our Brethren in Ireland, and with speedy Succours endeavour to preserve them; whereunto His Majesty hath promised a gracious Concurrence.

"11. That you please to frame an especial Law for the regulating the Militia of this Kingdom, so that the Subjects may know how at once to obey both His Majesty and the Houses of Parliament; a Law whereby may be left to the Discretion of Governors as little as may be; but that the Number of Arms, and what Measure of Punishment shall be inflicted on Offenders, may be expressly set down in the Act, and not left to any arbitrary Power; and that, according to the Precedent of former Laws, the Offenders may not be tried out of the County.

"12. That the precious Liberties of the Subject (the common Birth-right of every Englishman) may be as in all other Points (fn. 8) preserved entire, so in this also, that no Order, in either or both Houses, not grounded on the Laws of the Land, may be enforced on the Subject, until it be fully enacted by Parliament.

"13. That His Majesty's Gracious Message of the 20th of January last, for the present and future Establishment of the Privileges of Parliament, the free and quiet enjoying of our Estates and Fortunes, the Liberties of our Persons, the Security of the true Religion professed, the Maintenance of His Majesty's just and regal Authority, the establishing of His Revenue, may be taken into speedy Consideration; the effecting whereof will satisfy the Desires of us His faithful and loving Subjects.

"14. That all possible Care may be taken, that the native Commodities of this Kingdom may have quick Vent; and that Cloathing and other Manufactures may be improved, wherein the Livelihood of many Thousands doth consist; and that Trade may be so balanced, that the Importation do not exceed the Portation, which otherwise will in Time prove the Consumption of the Kingdom.

"15. That you please to frame up some Laws concerning Depopulations, Purveyance, Cart-taking, Delays in Justice, Traffick, Fishing on the Sea Coasts, Fulling-earth; that our Sea Forts may be repaired, and our Magazines renewed.

"16. That you please to consider the general Poverty that seems to overgrow this Land.

"17. Lastly, we beseech you to consider the sad Condition that we and the whole Land are in, if a good Understanding be not speedily renewed between His Majesty and the Houses of Parliament.

"Our Hopes are yet above our Fears; secure them, we beseech you. God direct and bless your Consultations, for the removing of all Distrusts and Jealousies, and for renewing that Tie of Confidence and Trust, which is the highest Happiness, between our most Gracious Prince and us His most loving People.

"And you shall have the daily Prayers of your humble Orators,

"The Commons of Kent.

"It is desired, That whosoever do deliver forth any Copy of this Petition, that he testify the same to be a true Copy.

"Gentry. Ministers. Commons.

"For the expediting of these Petitions; it is desired, That the Gentry, at their several Divisions, do agree upon amongst themselves to receive the Copies of all these Petitions, and all Subscriptions, between this and the Easter Sessions at Maydestone; and that all the Gentry of Kent do meet at Blackheath on Friday Morning, the 29th of April, at Nine of the Clock in the Morning, from thence to accompany this Petition to the House."

E. Bristol confessed he had the Petition shewed him by Justice Mallet, and he took a Copy of it.

This being read; the Earl of Bristoll was asked, whether he had taken a Copy of this Petition? He said, That Justice Mallett Yesterday shewed him the Petition; and, after he had read it, he caused his Servant Theophilus Browne to write out a Copy of it."

Hereupon, because the Earl of Bristoll had this Petition delivered to him (being of so dangerous a Consequence), and took a Copy of it, and had not done his Duty in acquainting this House with it, as he ought to have done (being a Member of this House), he was commanded to withdraw, whilst this House took this Business further into Consideration; and accordingly the Earl of Bristoll withdrew himself.

Justice Mallet examined concerning the Kentish Petition.

Then Mr. Justice Mallett was examined concerning this Business; who said, "That, in the full Court at the Assizes at Maidston, Sir Edward Deering did propound the reading of a Petition, which he conceives to be this Petition; but it was not read whilst he was in the Court.

"That, upon Friday Night last, late, Sir George Stroude, Knight, came to his Lodging at Maidston, after the Assizes were ended, and told him of such a Petition, and asked him whether he had read the same; and he told him, No. Then he asked him whether he desired to read it. He answered, Not during the Assizes. Then Sir George Stroude told him, he would send it to him; and desired, after he had read it, that he would shew it unto the Earl of Bristoll; and the next Morning, as he was taking Horse, Sir George Stroude did send the said Petition, in a Letter, by the Hands of one Cope, an Attorney; but he did not read it until he came to his own House in London; and then he shewed the said Petition to the Earl of Bristoll, Yesterday, at Three of the Clock in the Afternoon; and his Lordship, having read it, caused his Servant Theophilus Browne to write out a Copy of the same."

Justice Mallet withdrew.

This being done; the House conceived that Mr. Justice Mallett hath committed a great Offence, contrary to his Duty, as a Judge of Assize, and as an Assistant to this House, in not revealing this Petition to the House until he was forced to it.

Hereupon he was commanded to withdraw.

Some Parts of the Kentish Petition voted to be seditious.

And this House took this Business into serious Consideration; and, after a long Debate, this Question was put, whether there are not some Parts in this Petition, scandalous, dangerous, and tending to Sedition?

And it was Resolved affimatively.

Then it was Resolved, upon the Question,

E. of Bristol committed to The Tower.

That the Earl of Bristoll, for concealing of this Petition, shall, for the present, be committed to The Tower, until this Business be further examined.

Protest against it.

These Lords following, before the Question was put, desired Leave of the House to enter their Diffents to this Question, which the House granted; and accordingly they entered their Diffents:

Justice Mallet committed to The Tower.

Resolved, upon the Question,

That Justice Mallett shall be presently committed to The Tower of London, for this Offence, until this Business be further examined.

Bond and Wilson to remain in Custody.

Ordered, That John Bond, Thomas Wilson, and John Willson, now in the Custody of the Gentleman Usher, shall remain in his Hands, and be brought before this House To-morrow Morning, at Nine of the Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 29^m diem instantis Martii, 1642, hora nona Aurora, Dominis sic decernentibus.