House of Lords Journal Volume 5: 6 September 1642

DIE Martis, videlicet, 6 die Septembris.

PRAYERS.

Lord Kymbolton was appointed Speaker this Day.

Letter from the E. of Clanrickard to the Justices of Ireland, about Galway;

A Copy of a Letter was read, written from the Earl of Clanricarkd, to the Justices in Ireland, concerning his giving of Conditions to the Town of Gallaway.

another from him to the Earl of Essex.

Next, a Letter was read, written to the Earl of Essex, from the Earl of Clanrickard, in Ireland.

Report of an Answer to the King's last Message.

The Earl of Holland reported from the Committee, a Draught of an Answer to the King's last Message, which, being read and considered of, (fn. 1) was Ordered to be communicated, by a Conference, to the House of Commons.

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

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

To desire a present Conference, in the Painted Chamber, touching an Answer to the King's last Message.

Message from the H. C. for the Lords Concurrence in the following Orders, &c.

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

1. To desire their Lordships Concurrence in a Vote, which had passed their House. (Here enter it.)

Agreed to.

2. To desire Concurrence in Instructions for Suffolke and Cambridge, which agreed with former Instructions. (Here enter them.)

Ordered, To be compared with the former Instructions sent into Kent; and, if they agree, then the Clerk is to sign them, and deliver them.

3. To desire Expedition to the Ordinance formerly brought up from the House of Commons, concerning the Lord Kerry.

To (fn. 2) be taken into Consideration in convenient Time.

4. To desire a present Conference, if, &c. touching an Answer to the Scotts Answer to the Declaration of both Houses.

Agreed, to give a Conference.

The Answer returned was:

Answer.

That this House agrees with the House of Commons, in the Vote now brought up, and to the Instructions for Suffolke and Cambridge, being the same with others given to other Counties; and that this House will give a present Conference, in the Painted Chamber, concerning the Declaration to the Scotts; and concerning the Ordinance touching the Lord Kirry, this House will send an Answer, by Messengers of their own.

A Message was brought from the House of Commons, by Sir Dudley North:

Message from the H. C. with an Order for Satisfaction of Cambridge.

That the House of Commons have conceived an Order, for the Satisfaction of the County of Cambridge, wherein they desire their Lordships Concurrence.

The Order was read, in hæc verba. (Here enter it.)

Ordered, That this House agrees with the House of Commons in this Order now brought up.

Answer.

The Answer returned was as abovesaid.

Lord Keeper's Letter to the Clerk of the Crown, about sealing some Writs.

A Letter was read, superscribed thus: videlicet, For Thomas Willis, Esquire, Clerk of the Crown in Chancery, These.

SIR,

"I could not seal the Proclamation-writs you sent unto me from the Lords, for that I never could have the Seal, sithence the Receipt of them, until this Hour; and having not further to enlarge, I remain

August 30, 1642, Nottingham.

"Your very loving Friend,

"Edward Littleton."

Conference to be had about the State of the Great Seal.

Upon this, the House Resolved, To have a Conference with the House of Commons, to consider of a Declaration, to declare in what Case the Great Seal of England is, and how the Common Justice is stopped.

Message to the H. C. for it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a Conference, touching a Letter sent from the Lord Keeper to the Clerk of the Crown.

Lady Baltinglass's Petition.

Ordered, That the Petition of the Lady Baltinglasse is referred to the Committee for the Contribution for Ireland.

Middleton's Petition.

Upon reading the Petition of Symon Middleton; Ordered, To be referred to the Earl of Bollingbrooke, Lord Wharton, and the Lord Roberts, who are to examine the Business, and report the same to the House.

Committee to hasten the Subscription in London.

It was moved, "That some Lords might be sent to the Common Council of London, to desire them to hasten the Subscriptions."

And the Lord Wharton and the Lord Kymbolton were appointed to join with a proportionable Number of the House of Commons, and go this Afternoon, at Three of the Clock, to hasten them herein.

A Message to this Purpose was sent to the House of Commons, by Dr. Ayliff and Dr. Heath:

Message to the H. C. for that Purpose.

To desire the House of Commons to appoint a proportionable Number, &c.

Countess of Portland and Attendants Leave to go to France.

Upon reading the Petition of the Earl of Portland; it is Ordered, That the Countess of Portland shall have Leave to go into France, with Fourteen Servants, and some Plate, and Three Hundred Pounds in Money; but to be liable to be searched by Customers.

The Messengers sent to the House of Commons return this Answer:

Answer from the H. C.

That the House of Commons will give a Conference, concerning the Letter sent from the Lord Keeper.

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

Lady Hastings and Mr. Poulton.

Ordered, That the Cause between the Lady Hastings and Mr. Poulton shall be heard on Saturday next, at this Bar; and all Parties are to have Notice hereof, and Witnesses to attend.

Message from the H. C. that they agree to the Answer to the King's Message.

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

That the House of Commons do agree with their Lordships in the Answer to the King's last Message, and desire it may be speedily sent away to the King.

Lord Spencer to present it.

Ordered, That the Lord Spencer shall present this Answer to the King, from both Houses of Parliament.

Declaration, not to lay down Arms, until the King withdraws His Protection from Delinquents, &c.

"Whereas His Majesty, in a Message received the 5th of September, requires that the Parliament would revoke their Declarations against such Persons as have assisted His Majesty in this unnatural War against His Kingdom: It is this Day Ordered, and Declared, by the Lords and Commons, That the Arms, which they have been forced to take up, and shall be forced to take up, for the Preservation of the Parliament, Religion, the Laws and Liberties of the Kingdom, shall not be laid down, until His Majesty shall withdraw His Protection from such Persons as have been voted by both Houses to be Delinquents, or that shall by both Houses be voted to be Delinquents, and shall leave them to the Justice of Parliament, to be proceeded with according to their Demerits; to the End that both this and succeeding Generations may take Warning with what Danger they incur the like heinous Crimes; and also to the End that those great Charges and Damages, wherewith all the Commonwealth hath been burthened in the Premises since His Majesty's Departure from the Parliament, may be borne by the Delinquents, and other malignant and disaffected Persons; and that all His Majesty's good and well-affected Subjects, who, by Loan of Monies, or otherwise at their Charge, have assisted the Commonwealth, or shall in like Manner hereafter assist the Commonwealth, in Time of extreme Danger, may be re-paid all Sums of Money by them lent for those Purposes, and be satisfied their Charges so sustained, out of the Estates of the said Delinquents, and of the malignant and disaffected Party in this Kingdom."

Order for the Trained Bands of Cambridgeshire, and the Isle of Ely, to prevent Riots.

"Whereas this House hath been informed, That many of the Inhabitants of the County of Cambridge, and Isle of Elye, are desirous that the Captains of the Trained Bands within the said County, constituted by virtue of the Ordinance of Parliament for settling the Militia, may be enabled to assemble their Companies, for the Suppression of riotous Insurrections within the said County (if any shall be): It is this Day Ordered, by the Lords and Commons, That the said Companies, or any One of them, by and with the Consent of the Lord Lieutenant, or any One of his Deputies, may, at any Time or Times, assemble his or their respective Company or Companies, and suppress such riotous Insurrections (if any be or shall be), within the said County, or Isle of Elie, in such Sort as the Public Peace of that County may be preserved, and His Majesty's Subjects be there protected from Force and Injury."

"The humble Answer and Petition of the Lords and Commons, assembled in Parliament, to the King's last Message.

Answer of both Houses to the King's Message, delivered the 5th September.

"If we, the Lords and Commons in Parliament assembled, should repeat all the Ways we have taken, the Endeavours we have used, and the Expressions we have made unto Your Majesty, to prevent those Distractions and Dangers Your Majesty speaks of, likely to fall upon this Kingdom, we should too much enlarge this Reply: Therefore, as we do humbly, so shall we only, let Your Majesty know, that we cannot recede from our former Answer, for the Reasons therein expressed, for that Your Majesty hath not taken down Your Standard, re-called Your Proclamations and Declarations, whereby You have declared the Actions of both Houses of Parliament to be treasonable, and their Persons Traitors; and Your have published the same (since Your Message of the 25th of August), by Your late Instructions sent to Your Commissioners of Array; which Standard being taken down, and the Declarations, Proclamations, and Instructions re-called, if Your Majesty shall then, upon this our humble Petition, leaving Your Forces, return unto Your Parliament, and receive their faithful Advice, Your Majesty will find such Expressions of our Fidelities and Duties, as shall assure You that Your Safety, Honour, and Greatness, can only be found in the Affections of Your People and the sincere Counsels of Your Parliament, whose constant and undiscouraged Endeavours and Consultations have passed through Difficulties unheard of, only to secure Your Kingdoms from the violent Mischief and Dangers now ready to fall upon them, and every Part of them; who deserve better of Your Majesty, and can never allow themselves (representing likewise Your whole Kingdom) to be balanced with those Persons whose desperate Dispositions and Counsels prevail still so to interrupt all our Endeavours for the relieving of bleeding Ireland, as we may fear our Labours and vast Expences will be fruitless to that distressed Kingdom: As Your Presence is thus humbly desired by us, so it is in our Hopes Your Majesty will, in Your Reason, believe there is no other Way than this to make Yourself happy, and Your Kingdom safe."

"Instructions agreed upon by the Lords and Commons in Parliament assembled, for Sir Dudley North, Knight, Oliver Cromewell, Esquire, Members of the House of Commons, and Committees to be sent into the County of Cambridge, and Isle of Ely; and for Sir John Cutts, Sir James Reynolds, Sir Michaell Sandys, Junior, Sir Tho. Martin, Knights, Francis Russell, James Reynolds, Thomas Symonds, John Hubbard, Thomas Duckett, and Roger Rant, Esquires, Deputy Lieutenants of the said County and Isle, for the Preservation of the Peace of the said County and Isle.

Instructions for the Committee in Cambridge, and the Isle of Ely.

"Whereas it doth appear to the Lords and Commons, &c."

These Instructions agree verbatim with those sent to Kent, dated 27th August, 1642.

Instructions agreed upon by the Lords and Commons in Parliament assembled, for the Deputy Lieutenants for the County of Suffolke: videlicet,"

Instructions for the Deputy Lieutenants of Suffolk.

These Instructions agree verbatim with those sent to Kent, dated the 27th August, 1642.

Adjourn.

Adjourn to 10^a cras Aurora.