House of Lords Journal Volume 5: 12 May 1642

Die Jovis, videlicet, 12 Maii.

Prayers.

Dr. Hinton's, the Queen's Servant, Privilege.

Ordered, That Dr. Hinton, the Queen's Servant in Ordinary, being arrested, contrary to the (fn. 1) Privilege of Parliament, shall be released and discharged of his Imprisonment.

Message from the H. C. for a Conference about a Letter from the Committees at York, with a Message from the King.

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

To desire a Conference, by a Committee of both Houses, touching a Letter received by their Speaker from the Committees at Yorke, wherein is inclosed a Message from His Majesty.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

The Letter and Message from York read.

The Lord Keeper signified to this House, "That he had received a Letter from the Lord Howard, with an inclosed Message from the King to the Parliament."

The said Letter and Message was read, in hæc verba: (Here enter it.)

Message to the H. C. for this Conference.

A Message was sent to the House of Commons, by Mr. Page and Dr. Aylett:

To desire a Conference, presently, in the Painted Chamber, touching a Message received from the King, sent up by the Lord Howard.

The Messengers return with this Answer:

Answer.

That the House of Commons will give a present Meeting, as is desired.

Declaration concerning the Committees at York.

The Lords do declare, "That they are resolved to maintain those Lords and Gentlemen, Committees of both Houses, at Yorke, in those Things they have done, and shall further do, in Obedience of their Commands, for the preserving the Peace of the Kingdom."

House adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was (fn. 2) resumed.

Conference about the King's Message from York reported.

The Lord Keeper reported the Effect of this Conference: "That the House of Commons acquainted their Lordships with a Letter written to their Speaker, from the Committee of the House of Commons at Yorke, wherein was inclosed a Message from the King.

"The Letter and the Message was read, in these Words: videlicet, (fn. 3)

"Afterwards it was said, That it was the Opinion of the House of Commons, That it is fit to send a speedy Answer concerning this Message; and therefore desired that the select Committees of both Houses, formerly appointed to consider of the King's former Messages, may take this also into their Consideration."

Committees to meet, to prepare an Answer to it.

Ordered, That the Committee shall meet with the Committee of the House of Commons, as is desired; and that they are to meet at Two a Clock this Afternoon.

Message to the H. C. to acquaint them with it.

A Message was sent down to the House of Commons, by Mr. Page and Dr. Aylett:

To acquaint them as aforesaid.

Lords Names to be delivered in, who have sent in their Commissions of Lieutenancy Captains Commissions.

Names to be delivered in To-morrow Morning of those Lords that have sent in their Commissions of Lieutenancy.

The Lord Wharton reported the Amendments in the Commissions which is to be given by the Lieutenants to the Captains of Foot.

Vide postmerid.

Thanks to be given to the City, for their ready Compliance to the Ordinance for the Militia.

It was moved, "That the City of London might have Thanks given them from this House, for their chearful and ready Execution of the Ordinance concerning the Militia; and to let them know, that this House will (fn. 4) be ready, upon all Occasions, to acknowledge it; and this House Ordered, That the Earl of Holland and the Lord Kymbolton should give them Thanks, in the Name of this House."

Spencer's Impeachment read.

Mr. Richard Spencer was brought to this Bar, as a Delinquent; and, after he had kneeled a while, he was bid to stand; and then his Impeachment was read, in hæc verba:

(Here enter it.)

This being read, Mr. Spencer desired to be bailed, which this House gave Way unto.

To put in his Answer.

Ordered, Mr. Spencer shall put in his Answer to this Impeachment within Ten Days.

Spencer bailed.

Ric. Spencer, Armiger, Lauranc. Washington, Miles, Johannes Worstenholme, Miles, recognoverunt seipsos debere Domino Regi in Quinque Mille Libris, levari ex Terris, Bonis, et Catallis suis, &c.

The (fn. 5) Condition of the abovesaid Recognizance is, That, if Richard Spencer, Esquire, shall appear here before the Lords in Parliament, at such Time as they shall assign, to hear the Sentence pronounced against him, upon the Impeachment brought up from the House of Commons, if any Sentence shall be, and that the said Richard Spencer shall not, in the mean Time, intermeddle with any Thing concerning the Petition for which he is impeached, nor any other Ways or Means disturb, or endeavour to disturb, the Peace of the Kingdom, that then this Recognizance to be void; or else to remain in full Force and Virtue.

Message from the H. C. with

A Message was brought from the House of Commons, by Mr. Solicitor St. Johns:

a Vote against killing the King's Deer;

1. A Vote passed by the House of Commons, for to prevent the killing of the King's Deer, in His Forests and Parks, wherein they desire their Lordships Concurrence. (Here enter.)

and with an Order for distributing the Money collected in Bristol.

2. A Vote passed by the House of Commons, concerning the Distribution of Money collected in the City of Bristoll, wherein they desire their Lordships Concurrence. Read, and agreed to.

Order against killing the King's Deer, to be published.

Ordered, That this House agrees with the House of Commons, in the Order concerning the killing of the King's Deer; and that it shall be forthwith printed and published, and read on Sunday next in the Parish Churches near Waltham Forest.

Sir George Strode's Impeachment read.

Next, Sir George Strode was brought to this Bar as a Delinquent; (fn. 6) and his Impeachment was read, in hæc verba. (Here enter it.)

To put in his Answer.

Ordered, That Sir George Strode shall have Ten Days given him, to put in his Answer to this Impeachment; and, upon his humble Desire, he was bailed, as followeth:

Sir George Strode bailed.

Georgius Strode, Miles, Gulielmus Russell, Baronettus, et Nic. Crispe, Miles, recognoverunt seipsos debere Domino Regi in Quinque Mille Libris, levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum.

The Condition was the same as Mr. Spencer's.

Hawes's Cause.

Ordered, That Mr. Hawes's Cause shall be heard To-morrow in the Afternoon.

Message to the H. C. with the Commissions for Captains of Foot.

A Message was sent down to the House of Commons, by Mr. Page and Doctor Ayliffe:

To deliver to them the Form to make Captains of the Foot, and to desire their Concurrence therein.

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

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

To let their Lordships know, that the House of Commons are now in Agitation of some Matter of Importance, which requires Haste, and therefore desires their Lordships to sit a while.

Answer returned:

Answer.

That their Lordships will sit at Three a Clock this Afternoon.

SIR,

Letter from the Committee of the H. C. in Yorkshire.

"We came hither to Yorke upon Sunday last, and then understood that His Majesty had commanded the Gentry of this Country to wait upon Him upon Thursday next: Yesterday, being Monday, we were admitted to the King's Presence, where we delivered your Declaration; and this Afternoon He sent for us, and gave us this Answer inclosed, giving us a strict Command to carry it up ourselves to the Parliament: We told Him that (fn. 7) we were commanded to stay here, to attend upon Him, and use our best Endeavours in keeping the Peace of this Country. He replied, That, if we would positively disobey Him, and stay here, He would advise us not to make any Party, or hinder His Service in the County; for, if we did, he would clap us up: We humbly answered, That our denying to go at this Time was no Personal Disobedience in us to His Majesty; but that we were engaged in our Duty to the Parliament, and in our Honour, having undertaken it, to observe those Instructions which we had received, and were tending only to His Honour and Peace of the Kingdom, but not to make or nourish any Party; nor could we be commanded from staying here to execute them, without a great Breach of the Privilege of Parliament. Upon this our humble Excuse that we could not depart hence, His Majesty enjoined us to attend His Person upon Thursday, to hear what He would say to the Gentlemen that were summoned to appear. After divers other Passages, He commanded us to shew Him our Instructions; and withdrawing into a more private Room from the great Company that was there present, He heard them read, took One of our Copies, and so dismissed us. Thus far we thought good to give you an Account of our Employments, which, how full soever it be of Difficulties, yet shall we not be discouraged to do any Thing that, according to the Trust reposed in us, shall conduce to the Quiet and Peace of the Kingdom, and Honour of the Parliament; in which Resolution we rest,

Sir,

Your faithful Friends and Servants,

Yorke, this 10th of May, 1642.

"Fer. Fairfax.
Hu. Cholmely.
Ph. Stapilton.
Henry Cholmely."

Message from the King to both Houses.

His Majesty was in good Hope that the Reason why you so long deferred your Answer to His Messages concerning Hull was, that you might the better give Him Satisfaction therein, which now adds the more to His Astonishment, finding this Answer (after so long Advertisement) to be of that Nature which cannot but rather increase than diminish the present Distractions, if constantly adhered unto by the Parliament. Was it not too much that His Majesty's Town of Hull had a Garrison put into it (to the great Charge of the Country and Inconvenience to the poor Inhabitants) without His Majesty's Consent and Approbation, under Colour (at that Time) of Foreign Invasion, and Apprehensions of the Popish Party; but now the Reasons thereof must be enlarged, with a Scandal to His Majesty and His faithful Servants, only to bring in the more specious Pretext for the avowing of Sir John Hotham's treasonable Insolency?

His Majesty hath often heard of the great Trust that (by God and Man's Law) is committed to the King, for the Defence and Safety of His People; but (as yet) hath never understood what Trust or Power is committed to either or both Houses of Parliament, without the King, they being (fn. 8) "

Post meridiem.

PRAYERS.

The House appointed the Lord North to sit this Day as Speaker.

Conisby's Bill.

Ordered, That the Committee for Conisby's Bill shall meet.

Hawkes to make Submission to Lady Dellawar.

Ordered, That Hawkes shall make Submission to the Lady Ella-Warr, according to the Order of this House, or else to be re-committed to The Fleet.

Sir Robert Cook's Bill.

Hodie 3^a vice lecta est Billa, An Act to enable Sir Rob. Cooke to sell Lands, for the Payment of Debts.

And, it being put to the Question, it was Resolved, To pass as a Law, nemine contradicente.

Bruton and Lenthall in Error.

Ordered, That the Writ of Error between Bruton and Lenthall shall be argued the 23d of May.

Sir James Levingston's Petition.

The Petition of Sir James Levingston was read.

Ordered, That the Counsel of the Duke of Richmond shall have a Copy of this Petition, and hear them in it before any further Resolution be given herein.

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

Message from the H. C. to be reported To-morrow.

And because this Message being of great Importance, and consisted of many Particulars, the House Ordered, The Report of this Message shall be made To-morrow Morning.

The Answer returned to the House of Commons was:

Answer.

That their Lordships will take their Message into Consideration, and send an Answer, by Messengers of their own, in convenient Time.

Thanks to the City, about the Militia.

Ordered, That the Earl of Holland and the Lord Kymbolton shall go into the City of London, and give Thanks unto those of the Militia, the Colonels, and Captains, and other Officers, for their Care in putting the Ordinance for the Militia so speedily and orderly into Execution; which the Lords take as an acceptable Service.

Adjourn.

Nona cras.