House of Lords Journal Volume 4: 4 May 1641

DIE Martis, videlicet, 4 die Maii.

PRAYERS.

Report of the State of the Tower, and of the Soldiers to have been sent in there.

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The Bill of Attainder of the E. of Strafford debated.

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L. Bishops give no Votes in it.

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A Message was brought from the House of Commons, by Gilbert Gberrard:

Message from the H. C. for a Conference concerning the Multitude resorting to Palace Yard.

That, in Answer to the Message Yesterday sent to them from this House, they are ready for a Conference presently, if their Lordships shall so please.

The Answer returned to the House of Commons was:

Answer.

That their Lordships will give a Meeting presently, in the Painted Chamber, by a Committee of both Houses.

Were appointed to withdraw, and set down the Heads for the Conference.

Lilbourne, apprehended for Words against His Majesty, discharged.

In the Interim, one John Lilbourne was brought to the Bar, who, by Directions from His Majesty, was apprehended, and appointed to be brought to this House, to be examined concerning some Words which he was charged to speak, wherein His Majesty was concerned; but the said Lilburne, upon his Examination, denying he spake any such Words as were alledged against him, but only spake them as the Words which were generally spoken of the Multitude of People which came out of London, and told them only as News, which he heard reported abroad.

After this, the Witnesses were called in severally, and examined in this Business; but the Witnesses differing and disagreeing in their Informations, their Lordships thought fit, and so Ordered, That the said Lilburnes should be discharged from the Custody of the Messenger; but the Cause to be retained in this House, and an Account to be given to His Majesty hereof.

The Lords returned; and the Lord Privy Seal reported the Heads which were drawn for the Conference, and read them as followeth:

Report from the Committee, of the Heads for the Conference about the Multitudes resorting to the Parliament.

"That the Lord Privy Seal was commanded from the King, to deliver to both Houses, at a Conference: That the People do assemble in such unusual Numbers, that His Majesty sees the Council and the Peace of the Kingdom may be interrupted.

"And therefore, as a King that loves Peace, takes Care that all Proceedings in this Parliament may be in a fair, temperate, and peaceable Manner.

"It being now Time of Parliament, His Majesty will not of Himself prescribe the Way; but expects that both Houses, upon mutual Conference, will advise such a Course which may best preserve the Quietness of the Kingdom.

"That their Lordships, Yesterday Morning, finding a Multitude in The Palace Yard, did make an Order, and declared it unto Ten of the principal Persons of them in the open House of Parliament:

"That the House of Commons being the Representative Body of the Commons of this Kingdom,

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"And therefore their Lordships desire them to consider with their Lordships, how this Business of such Importance may be first expedited, and not interrupted by the Concourse of such Numbers of People; the Business having no other Hindrance, but their Concourse about both Houses in this Manner."

Conference reported.

This being approved of by the House, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That he hath spoken at the Conference that which he was commanded by this House, and hath delivered unto them the Papers; but the Commons are repaired to their House, and so cannot now return an Answer."

A Message from the House of Commons, by the Lord Russell:

Message from the H. C. for a Conference about the weighty Affairs of the Nation.

To desire a Conference, by a Committee of both Houses, about the weighty Affairs of the Kingdom; and this so soon as it may stand with their Lordships Conveniency.

The Answer to the said Message is:

Answer.

That their Lordships will give a Meeting presently, as is desired, in the Painted Chamber.

Lords appointed to report the Conference:

Lords Reporters appointed.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported the Conference: videlicet, "That the House of Commons had presented to their Lordships a Protestation, which the House of Commons had unanimously taken, and hoped that their Lordships will do the like; which was read, and the Preamble before it, in bæc verba: videlicet,

The Protestation taken by the Commons, and sent up to the Lords, to be also taken by them, if they approve it.

"We the Knights, Citizens, and Burgesses of the Commons House in Parliament, finding, to the great Grief of our Hearts, that the Designs of the Priests and Jesuits, and other Adherents to the See of Rome, have of late been more bold and frequently put in Practice than formerly, to the Undermining, and Danger of the Ruin, of the true Reformed Protestant Religion in His Majesty's Dominions established; and finding also that there have been, and having just Cause to suspect that there are still, even during this Sitting of Parliament, Endeavours to subvert the fundamental Laws of England and Ireland, and to introduce the Exercise of an arbitrary and tyrannical Government, by most pernicious and wicked Counsels, Practices, Plots, and Conspiracies; and that the long Intermission and unhappy Breach of Parliaments hath occasioned many illegal Taxations, whereupon the Subject hath been prosecuted and grieved; and that divers Innovations and Superstitions have been brought into the Church, Multitudes driven out of His Majesty's Dominions, Jealousies have been raised and somented betwixt the King and His People, a Popish Army levied in Ireland, and Two Armies brought into the Bowels of this Kingdom, to the Hazard of His Majesty's Royal Person, the Consumption of the Revenues of the Crown, and Treasure of this Kingdom; and lastly, finding great Cause of Jealousy, that Endeavours have been, and still are, to bring the English Army into a Misunderstanding of this Parliament, thereby to incline that Army with Force to bring to pass those wicked Counsels; have therefore thought good to join ourselves in a Declaration of our united Affections and Resolutions, and to make this ensuing Protestation:

Protestation taken by both Houses.

"I, A. B. do, in the Presence of Almighty God, promise, vow, and protest, to maintain and defend, as far as lawfully I may, with my Life, Power, and Estate, the true Reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery and Popish Innovations, within this Realm, contrary to the same Doctrine, and according to the Duty of my Allegiance, His Majesty's Royal Person, Honour, and Estate, as also the Power and Privileges of Parliaments, the lawful Rights and Liberties of the Subjects, and every Person that maketh this Protestation, in whatsoever he shall do in the lawful Pursuance of the same; and to my Power, and as far as lawfully I may, I will oppose, and by all good Ways and Means endeavour to bring to condign Punishment, all such as shall, either by Force, Practice, Counsels, Plots, Conspiracies, or otherwise, do any Thing to the contrary of any Thing in this present Protestation contained; and further, that I shall, in all just and honourable Ways, endeavour to preserve the Union and Peace betwixt the Three Kingdoms of England, Scotland, and Ireland; and, neither for Hope, Fear, nor other Respect, shall relinquish this Promise, Vow, and Protestation."

Memorandum, That the Introduction to this Protestation delivered by Mr. Hollis is to be reported by the Lord Bishop of Lincolne, as soon as he receives it in Writing from Mr. Hollis.

The Protestation being read, it was Resolved, upon the Question, nemine contradicente, That every Lord of this House will take this Protestation.

The Lords took the Protestation.

Hereupon the Lords following took the said Protestation presently, standing up and reading it verbatim, and afterwards subscribed the same with their Hand Writing.

But, before it was taken, it was Ordered, That, while this Protestation is taking, no Lord is to sit out of his Place, nor speak, nor go away until all have taken it.

The Names of such Lords as this Day took the Protestation:

The Lords not present to take it.

Ordered, That this Protestation be offered to the Lords that are now absent, and likewise to the Assistants of this House.

E. Strafford's Bill of Attainder to be proceeded in To-morrow Morning.

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Sutton Marsh.

Ordered, That the Cause between the Lord Philip Herbert and others, and the Earl of March, is to be heard by Counsel on both Sides on Monday Morning next, concerning Sutton Marsh; and to be the First Business.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 5^m diem Maii, hora 9^a, Dominis sic decernentibus.