House of Lords Journal Volume 5: 11 May 1642

Die Mercurii, videlicet, 11 Maii.

PRAYERS.

Earl of Bath Leave to be absent.

Ordered, That the Earl of Bath hath Leave to be absent for some Time.

Earl of Marlborough Leave to go to Sea.

Ordered, That the Earl of Marleborough hath Leave to go to Sea.

(Here enter it.)

Upon the Petition of Mr. Attorney General, desiring his Enlargement, for his Health-sake:

Attorney General, Leave to go in the Country.

Ordered, That Mr. Attorney General, for his Health, shall go to any of his Houses within a Day's Journey of London and Westm.; but not to come to London or Westm. without further Order of this House.

Delinquents for Words in Mr. Fisher's Cause sent for.

Upon reading an Affidavit of contemptuous Words spoken against the Order of this House in Mr. Fisher's Cause; it is Ordered, That the Parties disobeying the said Order shall be sent for, as Delinquents.

Complaint from the French King, of a Treaty negotiating by Sir Tho. Roe, with the Emperor, for Recovery of the Palatinate.

The Earl of Holland acquainted the House, "That the French Ambassador desired him to acquaint this House with an Abstract of a Letter from the French King, complaining of some Treaties of Sir Tho. Roe, Ambassador with the Emperor, of offering an offensive and defensive League with the House of Austria, for recovering of the Palatinate; which is presumed he hath no such Instructions from the King or Parliament."

This House declaring that no such Instructions was given by this House, but thought fit that the Ambassador should know that all Friendship is desired between this State and France:

Ordered, To communicate this to the House of Commons, by a Conference.

Message to the H. C. for a Conference about this and about Saltpetre and Gunpowder.

A Message was sent to the House of Commons, to desire a Conference, by a Committee of both Houses, touching an Abstract of a Letter delivered by the French Ambassador, and also touching the Salt-petre Mines, and the making of Gunpowder.

Message from the H. C. for a Conference about Sir Geo. Strode and Mr. Spencer. Orders for removing the Magazine from Monmouth.

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

1. To desire a Conference, touching Sir George Strode and Mr. Edward Spencer.

2. That the Orders concerning the removing of the Magazine from Monmouth, and concerning the Priests, and the other Particulars of the late Conference (fn. 1)

The Paper from the Scots Commissioners.

3. Concerning the Paper received from the Scottish Commissioners.

Answer:

Answer to the H. C.

That this House will give a present Conference, as is desired; and that the Particulars of the Conference reported Yesterday shall be (fn. 2) speedily put into Execution.

Earl of Lindsey to bring in his Commission of Lieutenancy.

Ordered, That the Earl of Lyndsey shall be sent for, to attend this House, and bring in his Commission of Lieutenancy.

Mr. Bushell's Cause.

Ordered, That Mr. Bushell's Cause shall be heard on Friday Morning next.

Subject of the Conference about the Saltpetre and Gunpowder Mines.

The Lord Keeper was appointed to let the House of Commons know, at this Conference, "That the Mines of Salt-petre are very much decayed, and but little Store of Powder in the Kingdom; and, in regard of the great Occasions of Ireland for Powder, and the Safety of this Kingdom, to desire that a select Committee of both Houses may be appointed, to consider of the preserving and increasing of Salt-petre Mines, and making and furnishing the Kingdom with Gunpowder: To meet when they please."

Lords Committees:

Committee to consider of preserving them.

The Lords went to the Conference; and the House was adjourned during Pleasure.

House resumed.

Nuttall and Gisbrough, in Error.

The Lord Chief Justice of the King's Bench brought in a Writ of Error between Nuttall and Gisbrough, according to the ancient Form, which the House received.

Conference concerning the Scots Paper for conciliating Matters between the King and Parliament, reported.

Lord Keeper reported the Conference.

"1 Observation, That the House of Commons observe, that the Scotts have received from the King some Information.

"2. Good Affection of the Scotts Commissioners to the King and the Parliament.

"3. Their Concurrence concerning the King's Stay, and His Return.

'1. Thanks to the Scotts Commissioners for their Affections to the King and this Kingdom.

"2. A Relation of what hath passed between the King and the Parliament.

"3. To desire a particular Declaration of what the King sent to them.

"Also the House of Commons sent up Two Impeachments; one against Sir George Strode, the other against Mr. Spencer; and do transmit their Bodies to their Lordships."

Sir George Strode and Mr. Spencer impeached by the H. C.

Ordered, That Sir George Strode and Mr. Richard Spencer shall remain as they are until To-morrow Morning; and then they are to appear, and hear their Impeachments read.

No Lord to ask Leave of Absence but in a full House.

Ordered, That no Lord is to ask Leave to be absent from this House but in a full House.

Lords absent without Leave.

There is a Difference to be made between those Lords that went without Leave before the making of the last Order and those that went since, and those that had Leave and have exceeded the Time given them by this House.

Earl of Carlisle to attend the House.

Ordered, That the Earl of Carlile shall be sent for, to attend this House.

Resolved, upon the Question,

Earl of Newport sent for, as a Delinquent.

That the Earl of Newport shall be sent for, to attend this House, as a Delinquent.

Lords sent for, to attend the House.

Ordered, That the Lord Willoughby of Erseby shall be sent for, to attend this House.

Resolved, upon the Question,

Lord Rich sent for, as a Delinquent.

That the Lord Rich shall be sent for, as a Delinquent, to attend this House.

No Lord to be absent, after he has appeared, without fresh Leave.

The Sense of this House was, "That, if any Lord ask Leave of this House to be absent for a certain Time; when he comes and sits in this House, his Leave is expired, though it comes short of the Time granted."

Resolved, upon the Question,

Lord Savill sent for, as a Delinquent.

That the Lord Savill shall be sent for, as a Delinquent.

Lord Spencer Leave to be absent.

Ordered, That the Lord Spencer hath Leave to go into the Country, for a Week.

Further Report of the Conference, about the Paper from the Privy Council of Scotland, for conciliating Matters between the King and Parliament.

The Lord Keeper reported the Conference, to this Effect: videlicet,

"That Mr. Pym did, from the House of Commons, communicate to their Lordships a Paper, which was sent to them from the Scott Commissioners; concerning which the House of Commons have made some Observations, and some Resolutions:

"1 Observation, That the Council of Scotland have received divers Messages and Declarations between the King and that Parliament.

"2 Observation, The House of Commons do perceive their good Affections to the King and Kingdom.

"3 Observation, Their Concurrence for His Majesty's Return to His Parliament, and their Desires that He would abstain from His Journey into Ireland, upon many weighty Reasons.

"The Resolutions of the House of Commons were these:

"1. That Thanks shall be returned to the Council of Scotland, for their good Affections to the King and Kingdom.

"2. That a Relation of what hath passed between the King and Parliament may be sent to them.

"3. To desire of the Scotts Commissioners a particular Notice of what they have received from the King, upon which their Answer was grounded."

The Second Part of this Message was:

Sir George Strode and Mr. Spencer's Impeachment.

"To deliver to their Lordships Two several Impeachments from the House of Commons, with which (fn. 3) they transmit their Bodies likewise; one against Sir George Strode, the other against Richard Spencer, Esquire; who were, like Symeon and Levi, Brothers in Iniquity.

"Mr. Perd said, That the ancient Use when Impeachments were brought was, to forbear Comments or Aggravations: The House of Commons speaks the Matter in the Articles. To speak to them were to (fn. 4) no Purpose, being absent; neither to their Lordships, being not now in Judgement; but when their Lordships shall assign a Day, the House of Commons will be ready to make good the several Impeachments against them."

Ordered, That this House agrees with the House of Commons in the First Part of this Conference touching the Scotts Commissioners, and appoints the Lords Commissioners to signify to them according to the Resolutions of the House of Commons.

Sir George Strode and Mr. Spencer to attend Tomorrow, to hear their Impeachment read.

Ordered, That Sir George Strode and Mr. Richard Spencer shall remain as they are now until To-morrow Morning, at which Time they are to be brought to this House, to hear their Charges read; and then this House will give further Directions therein.

Thanks to the Privy Council of Scotland, for their Paper presented to the Parliament.

Ordered, by the Lords in Parliament, That the Lords Commissioners shall let the Scotts Commissioners know, that this House returns Thanks to the Council of Scotland, for their good Affections to the King and this Kingdom, expressed in their Answer to His Majesty; and to desire of the Scotts Commissioners a particular Notice of what the Council of Scotland have received from the King, upon which their Answer was grounded.

Adjourn.

Nona cras.