House of Lords Journal Volume 5: 11 August 1642

DIE Jovis, videlicet, 11 die Augusti.

PRAYERS.

Lord Kymbolton Speaker.

Message from the H. C. with an Order about Bastwicke and others, who are apprehended, and carried to York, for executing the Militia.

A Message was brought from the House of Commons, by Mr. Rigby; understanding that Jo. Bastwicke and Robert Ludlow and Lieutenant Rawlins, as were putting the Militia into Execution, were apprehended and carried to Yorke, where it is intended they shall be indicted of High Treason at the next Assizes at Yorke: Therefore the House of Commons have conceived an Order, wherein they desire their Lordships Consent.

(Here enter it.)

Ordered, That this House agrees to this Order.

Answer.

The Answer was returned, as above Ordered.

E. of Clare to attend the House;

to be thanked for his Behaviour at York.

The House being informed, "That the Earl of Clare hath been absent about some of his domestic Affairs, and is now come to Town; he desires to know their Lordships Pleasure, whether he shall come to the House:" And the House Ordered, That he shall have Notice, that he come to this House; and, when he comes, the Speaker of this House is to give him Thanks, for his Deportment at Yorke.

A Letter from the King was read, directed to the Speaker of this House. (Here enter it.)

"To Our Right Trusty and Well-beloved, the Speaker of Our House of Peers.

Letter from the King, with a Proclamation about the Earl of Essex, and his Officers, &c.

"CHARLES R.

"Right Trusty and Well-beloved, We greet you well. Our Will and Pleasure is, That you forthwith deliver, to be read in Our House of Peers, Our Proclamation sent inclosed, to the End that Our said House of Peers may take Care that Notice thereof be had and taken, by Robert Earl of Essex, and such other Members of either Houses of Parliament, as have listed themselved under his Command; and for so doing, this shall be your sufficient Warrant.

"Given at Our Court at Yorke, the 9th of August, 1642."

The Proclamation read.

Next, the Proclamation was read; intituled, "A Proclamation for the suppressing of the present Rebellion, under the Command of Robert Earl of Essex; and the Gracious Offer of His Majesty's Free Pardon to him, and all such of his Adherents as, within Six Days after the Date hereof, lay down their Arms.

"Dated at Our Court at Yorke, the 9th Day of August, the 18th Year of Our Reign, 1642."

(Here enter it.)

The Earl of Essex said, "That he was made General at the Desire, and Command, and Authority, of both Houses of Parliament, and not of his own seeking; and he professed, his Actions should shew him as dutiful a Subject as any the King hath."

The House conceived this to be a high Concernment, as the threatening and proclaiming of both Houses of Parliament Traitors; and Resolved, To send to the House of Commons, to desire a Conference presently, to communicate it unto them; and to let them know, that this House adheres to their former Resolutions, and intends to go on.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

Message to the H. C. for a Conference about it.

To desire a present Conference, by a Committee of both Houses, touching a Proclamation sent from the King.

The Answer returned was:

Answer.

That the House of Commons will give a present Conference, as is desired, in the Painted Chamber.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

Message to the H. C. that the Lords agree to the Amendments in Three Bills.

To let them know, that this House doth assent to the Amendments in the Bill:

1. Concerning the Indemnity of the Earl of Pembrooke.

2. Concerning the Bill for Naturalizing of Bogans.

3. Concerning the Bill for Naturalizing of Kerke.

Answer returned was:

Answer.

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

Committee to draw up the Judgement against the Lord Mayor.

The Lord Viscount Say & Seale, and the Lord Robartes, and the (fn. 1) Lord Feilding, were appointed to draw up the Judgement to be given against the Lord Mayor.

Report of the Spanish Ambassador's Answer to the Committee, who went to him, about Reparation for Wrongs sustained by the English in Spain.

The Lord Grey de Warke reported to the House, That he, with Two Members of the House of Commons, have been with the Spanish Ambassador, and, according to their Lordships Directions, have demanded Satisfaction for the Wrongs done to English Merchants in Spaine, and for sending Arms to the Rebels in Ireland; and his Answer was, That he would send a Duplicate of the Letter to his Master, and was confident, if the Contents be true, that the Governor shall receive condign Punishment for the same; and that he knows, that his Master hath given Order, That no Arms or Ammunition should be sent to Ireland, to the Rebels there."

The House of Commons being come in the Painted Chamber, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

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

Message from the H. C. about Store of Arms, &c. at several Houses.

That they have lately received Information of great Store of Arms and Ammunition and Corn at Knollehouse, and at the Lord Abergavennie's, and at Cobham, at the Lord Duke's House: The House of Commons desires their Lordships to take Consideration thereof.

The Arms to be secured.

Ordered, That the Arms in these Three Places shall be secured.

To expedite the Monmouth Instructions.

2. To desire to hasten the Instructions for Monmouth, formerly sent to this House from the House of Commons.

This House agreed to these Instructions for Monmouth, and the Instructions for Buck, with this Alteration; instead of these Words ["intends to"] make War, to be ["doth"] make War.

Sent down to the H. C. with the Bucks Instructions.

These were sent down to the House of Commons, by Sir Robt. Rich and Mr. Page:

To let the House of Commons know, that this House agrees to them, with these Amendments.

The Answer returned was:

Answer to the H. C.

That their Lordships will take Care for the securing the Arms in the Places as is desired; and concerning the Instructions, this House will send an Answer, by Messengers of their own.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To let them know that their Lordships are ready to give Judgement against the Lord Mayor, if they will come up, with their Speaker, and demand Judgement.

Re-called.

Judgement against the Lord Mayor.

The Lord Roberts reported the Draught of the Judgement to be pronounced against the Lord Mayor, which this House approved.

Committee to consider about the Great Seal.

Lord Mayor to receive Sentence Tomorrow.

Ordered, That Judgement shall be given To-morrow Morning against the Lord Mayor, who is to attend at the same Time.

Order for Habeas Corpus's to issue for Bastwick, Ludlow, and Rawlins, confined at York, for performing the Orders of both Houses.

"Whereas John Bastwicke, Robert Ludlowe, and Lieutenant Rawlins, have been lately employed in the Service of the Two Houses of Parliament, for the Execution and Performance of the Orders of those Houses, and, by Occasion thereof, have been arrested and imprisoned, and otherwise proceeded against as Malefactors; and the said John Bastwicke, Robt. Ludlowe, and Lieutenant Rawlins, now remain Prisoners at Yorke, or elsewhere in the County of Yorke: It is therefore now Ordered, by the Lords and Commons in Parliament assembled, That the Chief Justice of the Court of King's Bench shall forthwith issue several Writs of Habeas Corpus cum Causa, for the said Three several Persons, directed to the Sheriff of the County of Yorke, and to the Sheriff of the City and County of Yorke, thereby commanding the Bodies of the said Three several Persons respectively to be brought before the King, in His Bench, the First Day of the next Term: And, to the Intent that the bringing in of the Bodies of the said several Persons, according to the Returns of the said Writs, may not be prevented, and the Causes of their Imprisonments may be examined, and whether their Imprisonment were any Breach of the Privilege of Parliament, occasioned by the Performance of any of the Orders of the said Houses of Parliament; it is therefore further Ordered, by the said Lords and Commons, That the Bodies of the said Jo. Bastwicke, Robt. Ludlow, and Lieutenant Rawlins, shall be forthwith brought up to the House of Commons, by the several Sheriffs, or other Officers, in whose Custody they now remain; and that, in the mean Time, and until further Order shall be therein taken by the said Lords and Commons, all Judges, and Justices, and other Officers, and all His Majesty's Subjects whom it shall concern, shall forbid and hinder all Proceedings, which shall be endeavoured or attempted against the said Jo. Bastwicke, Robt. Ludlowe, and Lieutenant Rawlins, or any of them, for any Matter or Thing done by them, or any of them, in Performance of, or Obedience unto any Order or Command of both or either Houses of Parliament."

Adjourn.

House adjourn, nona cras.