House of Lords Journal Volume 5: 23 May 1642

Die Lunæ, videlicet, 23 die Maii.

Prayers.

Lord Privy Seal sat Speaker.

Mr. Bushell's Cause.

Ordered, That it is referred to the Lord Privy Seal, to mediate between Mr. Bushell and the Adventurers, that so the Work may go on.

Sir Thomas Cary and Bp. of Ardagh.

Ordered, That the Civil and Criminal Part both, of the Cause of Sir Tho. Cary and the Bishop of Ardagh, is to be heard in this House, on Friday next.

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

Sir Robert Cook's, and Viscount Banning's Bill.

To carry down Two Bills, one Sir Robert Cooke's, the other the Bill concerning the Executors of the Lord Viscount Banning, deceased.

A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight:

Message from the H. C. for Committees to meet about the Bill for paying Money to the Scots;

1. That the Act passed for paying Money to Scotland, the House of Commons desires that a Committee of both Houses may be appointed to meet constantly, to take Order for the Payment thereof, that so public Faith may be kept with Scotland.

Agreed to.

and with Orders about the Irish, who come up from the West.

2. They desire, in regard that great Numbers of Irish that are come up out of the West Parts, they desire their Lordships Concurrence in Two Orders; which were read, in hæc verba." (Here enter them.)

Agreed to.

Ordered, That this House agrees with the House of Commons in these Two Orders now read; and that the Committee shall be appointed to meet with the Committee of the House of Commons, concerning the Payment of the Money to the Scotts; and that the Committee do meet with the Scotts Commissioners this Afternoon.

Pickis, Lord Dudley's Servant, released.

Ordered, That Agmondesham Pickis, Servant to the Lord Dudley, arrested, shall be released.

Mr. Thomas's Possession to be quieted.

Ordered, That Mr. Thomas shall have the Benefit of the General Order for quieting Possessions, until an Eviction at Law; and that the same shall be applied to his Particular.

Bp. of St. Asaph's Appearance.

Ordered, upon the Petition of the Bishop of St. Asaph, it is Ordered, That his Time of Appearance after Notice shall be enlarged to Three Weeks.

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

Message from the H. C. for Sir Walter Pye to be Deputy Lieutenant of Bucks.

To desire that Sir Walter Pye may be recommended by this House to the Lord Lieutenant of the County of Bucks, to be Deputy Lieutenant of that County; which this House approved of, and Ordered to be recommended accordingly.

Letter from Ld. Howard to the Lord Keeper.

A Letter was read, written by the Lord Howard, from Yorke, directed to the Lord Keeper, dated the 21st of May, 1642.

Sir William Killegrew's Petition.

Upon reading the Petition of Sir William Killegrew, etc. complaining, "That the Order of the 10th of May is disobeyed, and his House pulled down;"

Ordered, That the Lord Willoughby of Parham do certify the Truth of this Petition to this House, and who the Parties are (fn. 1) that have offended; and in the mean Time, that his Lordship do take what (fn. 2) Power and Care he can, to preserve the House of Sir William Killgrewe, and his Estate there, and to quiet his Possession, according (fn. 1) to the former Orders.

Bp. of Ely's Petition.

Upon the reading of a Petition of the Bishop of Elie, concerning Mr. Ansell; these Lords following were appointed to consider of this Petition, and report the Truth hereof to this House:

(fn. 3) Any Two to meet when they please.

The Guards discharged.

Ordered, That the Guards shall be discharged for the present, until they shall receive further Commands from this House; and that the House of Commons shall be made acquainted herewith.

Message from the H. C.

A Message was brought from the House of Commons, by Mr. Nath. Fynes, consisting of Three Particulars:

with a Declaration in Answer to the King's;

1. They brought up a Declaration in Answer to the King's Declaration, wherein they desire their Lordships Concurrence.

for expediting the Bill for settling the Liturgy;

2. That the Bill touching the Synod may receive Expedition.

and for Committees to meet for putting the Militia in Execution.

"3. That the Committee (fn. 4) for the putting the Militia into Execution may meet this Afternoon."

Agreed to.

The Answer returned was:

Answer.

Their Lordships have appointed Thursday next for the Bill concerning the Synod; and that the Committee concerning the Militia shall meet this Afternoon, at Two a Clock.

Declaration read.

Next, the Declaration brought up this Day was read.

Ordered, That this House will debate this Declaration this Afternoon, at Three a Clock.

Clerk of the Crown Leave to go into the Country.

Ordered, That the Clerk of the Crown shall have Leave to go into the Country, until the Beginning of the next Term.

Ld. St. John versus Mr. Benyon.

Ordered, That the Cause of the Lord St. Johns, against Mr. Benyon, shall be heard on Thursday come Sevennight; and that Mr. Benyon shall have Liberty to go only to his Counsel, Solicitor, and Auditor, in the mean Time; but not to speak with any but in the Hearing of his Keeper.

The Lord St. Johns signified to the House, and offered to decline the prosecuting of Mr. Benyon, for the Charge of putting excessive Rates upon his Commodities.

The Vote and Petition sent to the King to be printed.

Ordered, That the Three Votes, and the Petition, lately sent to the King, shall be printed and published.

Devon County, Monies come in upon the Act for Relief of Ireland, to be disposed of.

"Whereas Three Thousand Pounds, and upwards, is given by the County of Devon, upon the Act of Contribution for Ireland; and whereas divers distressed Persons, Protestants, are come out of Ireland, into several Parts of that County; the Lords and Commons in Parliament do think fit, and so Order accordingly, That the Sum of Five Hundred Pounds shall be paid by the Sheriff, out of the said Three Thousand Pounds, to Sir George Chedleigh, Baronet, One of the Justices of that County, to be disposed of for the Relief of those distressed Protestants that are come out of Ireland into several Parts of that County; and the Sheriff is required to return the Residue with all Speed to the Treasurers appointed by the Act to receive the same."

City of Exon's Contribution for Ireland to be disposed of.

"Whereas this House is informed, That the City of Exon hath given in Contribution-money, upon the Act of Contribution for Ireland, about the Sum of Eight Hundred Pounds; and whereas divers distressed Protestants do come thither out of Ireland for Relief; this House doth think fit, and so Order, that One Hundred and Fifty Pounds thereof shall be delivered by the Sheriff, in whose Hands the same is, to be disposed by the Magistrates of Exon for the Relief of the said distressed Protestants; and the Sheriff is required forthwith to return the Residue of the said Monies remaining in his Hands to the Treasurers at London, appointed by the Act to receive the same."

My Lord,

Ld. Howard's Letter.

By my last, I sent your Lordship a Copy of a Warrant from His Majesty to the Head Constable, for summoning the Regiment late Sir Robert Strickland's; which being met together, their Officers have drawn them hither to this City, and billeted here, where, by Course, divers are called to attend at the Court, as a Guard for His Majesty's Person: We do not hear that there is any Colonel, or Lieutenant Colonel; but one Captain Duncombe, who was Serjeant Major (and one who was sent for as a Delinquent touching the Petitioning to stay the Magazine), is the active Man, that both raised them, and commands in chief: At their first coming to Town, we attended His Majesty, but could not prevail for the disbanding of them. We have delivered the Ordinance to the Sheriff, and required him to do his Duty: His Answer was, He would to the utmost of his Power; but that these being now without his County, he could not meddle with them, but he would take Advice what was fit for him to do: Shortly after, he returned to us, and said, The King had sent for him, and enquired if he had not some Commands from the Parliament: He then shewed him the Ordinance; and, after His Majesty had read it, He required him, upon his Allegiance, not to obey any of these Commands; but how the Sheriff will demean himself in the future, for the preventing the raising more of the Trained Bands, we do not know. This Day, the Horse were mustered, who were summoned to be here Yesterday, and not only those who thought themselves (fn. 5) bound by their voluntary Offers, but divers who appeared upon Summons of the printed Paper, the Copy of which I sent in my last Letter; the whole Number (as we are informed) were under Two Hundred: It is told us, His Majesty will keep about Fifty here for His Guard; and that the rest should be ready to attend upon Summons, but dismissed them for the present. Upon Friday next, the Freeholders, Copyholders, and all other able Farmers, are summoned to be here; but upon what Occasion, or what the Event will be, we cannot tell: If nothing happen before that Time which may occasion us to write, I shall then, at the farthest, give your Lordship an Account of that Business; and in the mean Time rest, my Lord,

Your Lordship's humble and faithful Servant,

Ed. Howard.

Postscript. The Sheriff came to us this Day, and delivered this inclosed, as Answer to those Commands enjoined by the Ordinance.

Yorke, 21st May, 1642.

"Since the receiving of your Order, I cannot find that there are any within the County which are assembled together in a Posture of War, or Disturbers of the Public Peace; when any such shall appear, I will be most ready to discharge the Duty of a faithful Subject, according as I am obliged by my Oath and the Law of the Land."

Adjourn.

Tertia hora.

Post meridiem.

Prayers.

Letter from the E. of Warwick, concerning a Design of seizing the Ships at Hull.

The Lord Admiral informed the House, "That he had Yesterday received a Letter from the Earl of Warwicke, to let his Lordship know, that he understanding that there is a Design of surprising and taking the Ships that are laded at Hull, with the Ammunition, as they come Home, his Lordship hath put himself into a smaller Ship, and, with One other Ship, is gone himself towards Hull, to convoy the said Ships, and to prevent what Designs may be upon them:"

The House, receiving this from the Earl of Warwicke as good and faithful Service to the Kingdom, thought it fit that the Lord Admiral should write to his Lordship, and give him special Thanks from this House, for his said Care and Service.

Declaration to be sent to the King read.

Then was read the Declaration of both Houses, being an Answer to the King's Declaration, which is to be presented to the King. (Here enter it.)

Ld. Keeper Littleton to be attached, and the Great Seal brought back.

Upon Information given to this House, "That whereas the Lord Keeper having Leave of this House to be a few Days absent for his Health, his Lordship is now gone to Yorke, and hath parted with the Great Seal on Saturday last:" Hereupon it is Ordered, That the Gentleman Usher attending this House, or his Deputy, shall forthwith take into Custody the Right Honourable Edward Lord Littleton, and bring him before the Lords in Parliament, and together with him the Great Seal of England, if it be in his Custody.

"To the Gentleman Usher, or his Deputy; and all Sheriffs, Mayors, Constables, and other His Majesty's Officers, shall be aiding and assisting to the Gentleman Usher or his Deputies."

The Declaration being read in Particulars, and debated maturely;

Declaration passed.

It was Resolved, upon the Question, That this Declaration shall pass as it is.

Protest against it.

These Lords following, before the putting of this Question, desired Leave of the House to enter their Dissents to this Question, which accordingly the House granted:

Committee to consider of some Propositions to be presented to the King.

These Lords following were appointed to consider of some Propositions, which are fit to be presented to the King:

Any Five to meet To-morrow in the Afternoon, at Three a Clock.

Records mentioned in the Declaration to be translated and printed.

Ordered, That the Original Records, mentioned in the Declaration passed this Day, shall be translated into English, and printed.

Adjourn.

Octava cras.