House of Lords Journal Volume 5: 19 September 1642

DIE Lunæ, videlicet, 19 die Septembris.

PRAYERS.

The Lord Grey was appointed Speaker this Day.

Letters from Lord Mohun, Sir N. Slanning, and Sir P. Courtney; and Warrants from the King to them.

A Letter, directed to the Speaker of this House, written from the Lord Mohun, was read.

Likewise a Warrant from the King to the Lord Mohun.

(Here enter them.)

Also a Letter from Sir Nic's Slanning, to the Speaker, was read.

Also a Letter from Sir Peter Courtney, with a Warrant sent to him from the King.

These being sent for by this House as Delinquents, but made their Excuse by their Letters.

Conference to be had about them.

And this House conceived, that the Warrants, and the Lord Mohun's Letter, were contrary to the Petition of Right, and the Privileges of Parliament; therefore Resolved, To have a Conference with the House of Commons, and communicate the Letter and Warrants to them, that Course may be taken for the Preservation of the Privilege of Parliament.

Sir Inglefield to travel with Lady Roper.

Ordered, That Sir Inglefeild shall have Liberty to travel with the Lady Roper.

Earl of Carlisle at the Bar, for executing the Commission of Array, &c.

The Earl of Carlile was brought to the Bar, as a Delinquent; and the Speaker told him, "That the House conceived that he had been active in putting the Commission of Array into Execution, and raising a Troop of Horse."

His Defence.

He professed, upon the Faith of a Gentleman, "That he never saw it, nor did any Thing in it, neither did he ever raise any Horse."

And he being asked, "Whether he thinks the Commission of Array to be illegal."

He said, "Seeing both Houses of Parliament had voted the same to be illegal, he would not dissent from that Opinion."

Hereupon he was commanded to withdraw; and the House taking the same into Consideration, Ordered, That the Speaker should let him know, that their Lordships are willing to release him from the Imprisonment in The Tower, if his Lordship, either upon Security or upon his Honour, that he will be confined to his own House in London, to be ready to appear before this House upon Six Hours Summons, whensoever their Lordships shall please.

Released from The Tower, and confined to his own House.

And the Earl of Carlile being called in, and being told as abovesaid by the Speaker, his Lordship said, "He would, upon his Honour, be confined to his House here in London, and attend this House at any Time, upon Six Hours Notice given;" which this House accepted of, and Ordered his Releasement from The Tower.

Earl of Portland's Petition for his Releasement.

The Petition of the Earl of Portland was read, desiring his Enlargement. (Here enter it.)

Ordered, To be deferred, until the Examinations and Informations be sent for, being in the Custody of the Earl of Essex Lord General.

Message from the H. C. for Concurrence in some Instructions.

A Message was brought from the House of Commons, by Mr. Rob't Goodwin:

To desire Concurrence in Instructions to Committees for raising Horse and Money, etc. in the County of Sussex.

Ordered, To be compared with the former Instructions.

2. Desire Expedition in the Instructions for the Two Committees to be sent into Ireland.

The Answer returned was:

Answer.

That this House will send an Answer by Messengers of their own.

Message to the H. C. with the Instructions for Ireland.

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

To return unto them the Instructions for Ireland, with some Alterations, and desire their Consent to the same.

Captain Davies for Words against the Earls of Essex and Peterborough.

Captain Davies, that was sent for touching scandalous Words which he should speak concerning the Earl of Essex and the Earl of Peterborough, and he denying the Words which (fn. 1) he was charged with, these Witnesses following were produced, who deposed as followeth upon Oath:

Jo. Eaton, "That Captain Davies offered to snatch a Paper (fn. 1) out of the Officer's Hands, and wished the Earl of Peterborough were hanged."

To be expelled The Charter House, and committed to The Fleet.

They all withdrew; and the House taking the Business into Consideration, and the Matter being clearly proved, this House Ordered, That whereas the said Captain Davies is formerly Ordered, by the Governors of The Charter-house, to be expelled out of that House, for his Misbehaviour, that the Governor of The Charterhouse be sent to, to desire him that the said (fn. 2) Order be speedily put into Execution: And further it is Ordered, That the (fn. 1) said Captain Davies shall be committed to The Fleet, there to remain until he shall put in Security for the good Behaviour, either before the Lord Chief Justice or any other Judge.

Paper concerning 2000 l. to the Prince Elector, and for settling his Maintenance.

A Paper concerning the Prince Elector was read, concerning Two Thousand Pounds to be paid him in present, and to accept of his Assignment which he hath; and that his Maintenance may be settled for the future.

(Here enter it.)

To be recommended to the H. C.

Ordered, To be communicated to the House of Commons, at the next Conference; and to desire them, seeing the Prince Elector hath shewed his Respect to the Parliament, in going away, and not be employed against it, that they would consider of some Course to relieve him in this Necessity.

Lord Mohun's Letter to the Lords.

"My Lords,

"This Messenger, Mr. Fish, shewed me an Order, subscribed John Browne, Clericus Parliamentorum, of the Eighth August last; purporting, That the Lords assembled in Parliament had Ordered, That the Gentleman Usher attending that House, or his Deputy or Deputies, should take into safe Custody the Body of the Lord Mohun, and deliver him unto the Sheriff of the next adjacent County, who is likewise to deliver him to the Sheriff (fn. 3) of the next adjacent County, and so from Sheriff to Sheriff, till he should be brought before the Lords in Parliament, to answer for high Contempts committed by him, and for disturbing the Peace of the Kingdom, by receiving, and endeavouring to execute, a Commission of Array, which is against the Laws of the Realm.

"My Lords, I must submit to your Lordships, who are to be the Acquitters of my Innocency, whether it be agreeing to the Orders of your House, the Privileges of Peers, and the Precedents of former Times, that a Peer, unheard, and not a Witness examined against him, should be sent for in this Manner, as a common Rogue, to appear before your Lordships; which certainly, if I were guilty, is a very severe Course; if innocent, is too great a Punishment. And I beseech your Lordships (if this be without a Precedent) to be very careful how you involve your Posterity in Precedents of this Nature: And I do not conceive that the Crimes objected are of that Nature, but (if your Lordships so please) they might by the Laws of the Land be tried in a far milder Way. I had the Honour to sit in Parliament, as a Peer, till about the Beginning of February last, at which Time there was great ado about the getting of your Lordships to agree with the House of Commons in the Militia, where I still gave my Vote according to my Conscience, as long as I could sit there with the Safety of my Person and Honour; which when I could not do, for the Tumults that then swarmed about both Houses of Parliament, I begged Leave of the King for my Absence, and left my Proxy in the Lords House; and, by Reason I did not conceive myself safe from Tumults to this Day, I absented myself thus long from that House; and when that Fear and Jealousy is taken away, I will not fail to attend the House again. And, for these Reasons, I beseech your Lordships to revoke the said Order, and to dispense with my Absence; and for this Favour, I will ever pray that God would so guide and direct you, that all your Proceedings may tend to the Glory of God, the Honour and Content of His Majesty, and the Peace and Good of the Kingdom.

7th Septem. 1642.

"Warwick Mohun.

"To the Right Honourable the Lords assembled in Parliament."

The King's Warrant to Lord Mohun, not to leave Cornwall.

"CHARLES R.

"Our express Will and Command is, That you fail not to attend Us Personally forthwith, upon Signification made unto you, and Receipt of Our Pleasure on this Behalf, during Our Abode in these Parts: And therefore We straightly require you, upon your Allegiance, that you depart not, nor absent yourself, of that Our County of Cornwall; neither suffer yourself to be any Ways engaged, detained, or kept from giving your ready Attendance accordingly (being thereunto called or summoned by Us, or Our Command, whilst We shall continue here), upon any Pretence, Order, Warrant, or Command whatsoever, from either or both Houses of Parliament, without special Leave and Licence first obtained, or Directions to you under Our own Hand, as you tender Our highest Displeasure, and will answer the contrary at your Peril: For which this shall be your sufficient Warrant and Authority.

"Given at Our Court at Yorke, the 29th Day of June, 1642.

"To Our Trusty and Right Well-beloved Warwick, Lord Mohun."

The King's Letter to Lord Mohun.

"CHARLES R.

"Trusty and Right Well-beloved, We greet you well. Whereas We have now given you special Employment for Our Service, in Our County of Cornwall, and other Western Parts of this Our Kingdom, which We require you to attend with all possible Care and Circumspection, We command and charge you, therefore, upon your Allegiance, not to intermit or neglect Our said Service, by your going or removing to London, or elsewhere (save hither to Us, or whither else We shall think fit to send you), upon any Summons, Order, or Warrant whatsoever, of either or both Our Houses of Parliament, whereunto We have not given Our express Assent under Our own Hand, as you tender Our highest Displeasure: And we further command and require all Our Mayors, Sheriffs, Justices, Officers, Ministers, and loving Subjects, not only to assist and be aiding unto you, in Case of Need, in your free Passage from Place to Place, and in your Repair to Us, or other Parts, (fn. 4) for Our Service, as you shall have Occasion; but We alike strictly command and charge them, and all Constables, Serjeants, Messengers, Pursuivants, and others, that they presume not to attach your Person, or serve you with any Warrant, Order, or Commission whatsoever (but what is according to the ordinary Course of Law), or to stay, detain, or seize, any your Servants, Goods, or Horses, without Our special Licence first obtained, as they will answer the contrary at their utmost Perils: For which this shall be, both to you and them, sufficient Warrant and Authority.

"Given at Our Court at Yorke, the 29th Day of June, 1642.

"To Our Trusty and Wellbeloved Warwick, Lord Mohun."

The King's Warrant to Sir Peter Courtney, to continue in Cornwall.

"CHARLES R.

"Whereas We have employed you about Our especial Affairs, in Our County of Cornewall: These are to will and require you to repair, and there to remain, and neither to be diverted from repairing thither, nor to depart from thence, upon what Summons soever, until you shall have given Us an Account, and obtained Our Leave; and for so doing, this shall be your Warrant.

"Given at Our Court at Yorke, the 29th of June, 1642.

"To Our Trusty and Wellbeloved Sir Peter Courtney, Knight."

Sir Peter Courtney's Letter to the Messenger sent to apprehend him.

"Mr. Fish,

"You see what Danger I shall run myself into, if, by disobeying His Majesty's Command, I shall offer to remove out of my County without Licence first obtained from His Majesty, which Licence with all Earnestness I shall strive to obtain; and, as soon as I have gotten that, I will not fail, with all Speed, to appear before the Honourable House of Peers; not doubting but my Innocence will approve me to be a loyal and faithful Subject to my Sovereign, and a Well-wisher and true Lover both of my Country and the Commonwealth. And this Answer I shall desire you, with all Humbleness, to tender to their Lordships from me, whoam

"Peter Courteney."

Sir Nicholas Slanning's Letter to the Lords.

"My Lords,

"I do with all Reverence and Humility take Notice of your Lordship's Order, dated the 8th of August, subscribed John Browne, purporting the seizing of my Body, and delivering me over from Sheriff to Sheriff, till I be brought before your Lordships, to answer high Contempts committed by me; to which I am ready to yield all humble Obedience: But, being a Member of the House of Commons, and having taken the Protestation for Maintenance of their Privileges, I humbly submit to your Lordships, whether, without Breach of Privilege of that House, I may without their Leave appear before your Lordships as a Delinquent, who am consident of my Innocency, and to appear

Lostwythyell, the 7th of Sept. 1642.

"Your Lordships humblest Servant,

"Nicholas Slaning.

"To the Right Honourable the Lords assembled in Parliament."

E. Portland's Petition for his Enlargement.

"To the Lords in the High House of Parliament assembled.

"The humble Petition of the Earl of Portland,

"Humbly sheweth,

"That your Petitioner having now lain almost Seven Weeks a Prisoner in a close House, very much to the Prejudice of his Health, and almost to the Ruin of his small Estate; and being well assured, by the Testimony of his own Conscience, that no Crime against your Lordships can ever lawfully be proved against him:

"He therefore humbly prayeth your Lordships, that he may be restored to his Liberty, and to his Right and Privilege of Parliament; and he shall ever pray for your Lordships, etc.

"Portland."