House of Lords Journal Volume 4: 26 November 1641

DIE Veneris, videlicet, 26 die Novembris.

PRAYERS.

The Speaker sent for by the King, and a new Speaker chosen.

This House being set, Signification was given to the House, "That the King had sent to speak with the Lord Keeper:" Hereupon the House gave the Lord Keeper Leave to go; and appointed the Lord Chief Justice of the Common Pleas to be Speaker until he returned.

E. of Rivers's Privilege.

Stevens's Arrest.

It was moved, "That whereas, on Wednesday last, an Order was made for the releasing of Robert Stevens out of Prison, being a menial Servant to the Earl of Rivers, and arrested at the Suit of George Benion, contrary to the Privileges of Parliament; and that, before the said Order could be served for the Discharge of the said Stevens, the said Benion brought an Execution against the said Stevens, thinking thereby to defeat the Order of this House, and detain the Prisoner longer:" It is therefore Ordered, That the said Robert Stevens shall be brought forthwith before the Lords in Parliament, notwithstanding any Execution; and that the Keeper of Ludgate shall have Notice to attend this House at the same Time, to give an Account why the said Stevens was not brought to this House, according to the First Order of this House.

L. Keeper, Speaker again.

The Lord Keeper, returning from His Majesty, the House commanded him to sit as Speaker.

Message from the King, that He will soon come to the House.

And then he signified, "That His Majesty had commanded him to let their Lordships know, that whereas He intended to have come to this House this Day, His Majesty is diverted upon some important Business at this Time; and withall He being at this Time hoarse with a Cold; but His Majesty intends very shortly to come."

Bill for punishing James.

Hodie 2^a vice lecta est Billa, An Act for the Forfeiture of the Lands and Hereditaments of John James; and for the further Punishment of the said John James.

Committed to these Lords following:

Their Lordships, or any Five, to meet on Thursday, at Two in the Afternoon, in the Painted Chamber.

Lady Wilde and Sir Thomas Lake.

Ordered, That the Lady Wilde shall, by virtue of this Order, appear before the Lord Keeper and some other Lords Committees appointed to hear the Cause depending between Sir Tho. Lake, Knight, and Lancelott Lake, Esquire, at such Time as their Lordships shall appoint; and then the said Parties, and all Witnesses in the said Cause, are to attend their Lordships accordingly.

Concerning the Guards of this House.

The Lord Chamberlain signified to this House, "That, the King being returned Home, his Lordship hath delivered up his Commission of Captain General of the South Parts of this Kingdom into His Majesty's Hands, so that his Lordship cannot now take any Order for the guarding of the Parliament, as was Ordered by the Parliament; therefore he desired their Lordships to consider of what Course is fit to be taken therein, he having now no Power to obey their Commands."

Hereupon it is Agreed, That this should be communicated to the House of Commons, at a Conference.

And a Message was sent to the House of Commons, by Sir Edward Leech and Doctor Littleton:

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

To desire a Conference, by a Committee of both Houses, touching the Guards.

Sir William Boughton and Shugborough.

Ordered, That Sir William Boughton, Baronet, and his Man Edmund Williamson, shall, together with this Order, be served with a Copy of the Petition of John Shugborough, Esquire, under the Clerk of the Parliament's Hand; and then the said Sir William Boughton and Edmund Williamson shall put in their Answers unto the said Petition, within Fourteen Days after the serving of the said Copy upon them, or either of them, as they will answer the contrary.

Answer from the H. C.

The Messengers return with this Answer:

That the House of Commons will give a present Meeting, as is desired, in the Painted Chamber.

Message from the King about the Guards.

The Lord Keeper declared to this House, "That he had received a Command from the King, that both Houses should be made acquainted, that His Majesty hearing that the Parliament have appointed Guards for securing the Houses, He presumes they did it upon some Reasons; but His Majesty not knowing any Reasons, it is His Majesty's Pleasure that the said Guards be dissolved, for now His Majesty hopes that His Presence will be a Protection to the Parliament; but, if there be any Occasion, and His Majesty sees Reasons for it, He will be very forward to take Order there be sufficient Guards to secure the Parliament."

To be communicated to the Commons at the Conference.

This being delivered, the House agreed that this Message should be added to the present Conference with the House of Commons.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Keeper reported, "That he had delivered what he was commanded to do at this Conference."

Sir Francis Popham's Bill.

Hodie 1^a vice lecta est Billa, An Act for the settling and establishing of the Remainder of a Term of Eighty Years to come, in certain Manors and Lands, in the County of Somersett, in Francis Popham; Knight, and his Assigns.

A Message was brought from the House of Commons, by Sir John Hotham, Knight:

Message from the H. C. for the Lords to sit till they come up.

That the House of Commons do conceive they shall have some Occasion to come unto their Lordships, about some Business of Importance; therefore they desire their Lordships would be pleased to sit until the House of Commons comes up.

The Answer returned was:

That this House will sit until they hear from the House of Commons.

E. of Bedford and Earl of Portland, concerning Whittlesea.

Ordered, That the Cause concerning Wittlesey, in the Isle of Ely and County of Cambridge, wherein the Earls of Bedford and Portland are concerned in themselves and their Tenants, shall be heard before the Lords Committees for Petitions on the First Thursday after Candlemas-day, at Two of the Clock in the Afternoon, in the Painted Chamber; at which Time and Place all Parties therein interested shall attend their Lordships; and in especial John Colls, Isaac Gardiner, and John Boyce, who are, at the Time and Place aforesaid, to appear before the said Committees, to answer such Things as they stand charged with; and, in the mean Time, that no Disturbance be made by any, of the Division made in Wittlesey aforesaid, wherein the said Earls and their Tenants are concerned, as they will answer the contrary.

Bill against mixing Wines.

Ordered, That the Committee for the Bill against the Sophistication of Wines shall meet on Tuesday next, at Eight a Clock in the Morning; at which Time Mr. Justice Reeves and the King's Attorney are to attend; and that then the Master and Wardens of the Company of Vintners shall be heard what Reasons they can give against the passing of that Bill.

A Message was brought up from the House of Commons, by George Goringe, Esquire:

Message from the H. C. to petition the King, to continue the Guard about the Parliament House.

To let their Lordships know, that the House of Commons desires their Lordships would be pleased to send some few Lords to Petition His Majesty, in the Name of both Houses, that the Guards may be continued still; and, within a few Days, they will bring up some Reasons to satisfy His Majesty for the same.

For the debating of this, the House was adjourned into a Committee during Pleasure; and the House being resumed, it was put to the Question, Whether this Question should be put: videlicet,

Lords refuse to join in it.

"Whether this House shall join with the House of Commons, to petition the King that the Guards may be continued for some few Days, within which Time there may be some Reasons given for the further Continuance of them." And it was Resolved upon, by the major Part, negatively.

Then the House Agreed, That the Message brought from the House of Commons should be the Question, and be put in Terminis as it came up from them.

The Message not rightly understood by the Lords.

And the Lord Keeper was appointed to write as near as he could remember the very Words of the Message; which his Lordship having read, the House did conceive some Words were dubious: For the satisfying hereof, the Messengers of the House of Commons were called in; and the Lord Keeper, sitting in his Place upon the Wool-sack, told them, that there was some Doubt of some Words in the Message, which the House desired to be satisfied in; and then the Lord Keeper going down to the Bar, as usually when he receives Messages, the Messengers of the House of Commons repeated their Message again; and the Lord Keeper, being returned to his Place as Speaker, reported the said Message in these Words: videlicet,

Is explained by the Messengers.

"That the House of Commons desired, that their Lordships would send some Lords to the King, in the Names of both Houses, to beseech His Majesty to continue the Guards till they may satisfy His Majesty of the Reasons why they conceive it necessary to have a Guard; (fn. 1) which they intend to do within a few Days."

Lords join with the Commons in their Petition to continue the Guard.

And it was Resolved, upon the Question, by the major Part, That this House doth join with the House of Commons in their Desire.

Ordered, That the Earl of Warwicke and the Lord Digby do attend His Majesty, to move Him concerning the Guards, as is desired in the Message from the House of Commons.

Answer to the H. C.

Then the Messengers of the House of Commons were called in; and the Lord Keeper told them, "That this House doth join with the House of Commons in their Desires, and have appointed the Earl of Warwicke and the Lord Digby to attend the King therein."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 27^m diem instantis Novembris, hora 12^a, Dominis sic decernentibus.