House of Lords Journal Volume 4: 12 January 1642

DIE Mercurii, videlicet, 12 die Januarii.

PRAYERS.

Stacy discharged.

Upon reading of the Petition of Edward Stacy, Prisoner; upon his Submission to this House for his Offence, it is Ordered, That he shall be forthwith freed of, and from his present Restraint and Imprisonment.

Moore, an Italian, sent for, about a Conspiracy against some Lords.

Upon Information given to this House, "That there was (fn. 1) a Design discovered of the killing of some Lords of this House this Night; and that there was one Francis Moore, an Italian, that could give a further Discovery of this Business;" it is Ordered, That the said Francis Moore shall be sent for, to come and attend this House presently.

He is examined.

The said Francis Moore, being brought to the Bar, was sworn, and commanded to reveal whether he knows of any Lords that are to be killed: He said, "That Yesterday he coming towards Whitehall stood (fn. 1) talking with an Irishman, who lives with the Lord Viscount Loftus, in the Street, and overheard one Bryan Kelly, an Irishman, Servant to the Earl of Arundle, speak in Italian to one Signor Francisco, an Italian, and say that there was a Plot laid to kill some Lords of the Parliament; and in particular named the Earl of Northumberland, the Earl of Essex, the Earl of Holland, the Earl of Pembrooke, and the Earl of Leycester."

Kelly and Francisco to be brought as Delinquents.

Hereupon it is Ordered, That the said Bryan Kelly and Signor Francisco shall be forthwith apprehended and attached, by the Gentleman Usher attending this House, and brought as Delinquents to this Bar.

Day given to the Attorney General, about Lord Kymbolton and the rest.

It was moved, "That the King's Attorney General might be commanded to speak what he can, to justify the Manner of Proceedings against the Lord Kymbolton, and the Five Members of the House of Commons."

Then Mr. Attorney made a Narrative of what he did that Day which he charged them, and shewed that he did it merely by Directions from the King; and when he came to speak to the Criminal Part, which concerned himself, to prove that what he did in charging them of High Treason was in a legal and warrantable Proceeding, and agreeable to the Course of Parliaments, and fit for him to do as the King's Attorney, he desired their Lordships to give him a little Time to prepare himself, that so he may acquaint their Lordships with some particular Proceedings, which would be too long now to read.

Hereupon it is Ordered, That Mr. Attorney shall be heard To-morrow Morning, what he can offer to this House, to clear himself from the Criminal Part, and what he can say to justify the Proceedings against the Lord Kymbolton and others to be legal and warrantable, and a Parliamentary Proceeding.

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

Message from the H. C. concerning the Lieutenant of The Tower, about Arms, &c. carried out and in there.

To let their Lordships know, that they are informed of extraordinary Ammunitions that have been lately carried out of The Tower of London, and extraordinary Store of Provisions have been carried into The Tower: Therefore they desire their Lordships would send for the Lieutenant of The Tower, to attend the Parliament, that so he may give an Account of these Things.

He and Capt. Conisby sent for.

Ordered, That the Lieutenant of The Tower and Captain Conisby be sent for, to attend both Houses of Parliament presently.

The Answer returned to the Messengers was:

Answer to the H. C.

That this House hath sent for the Lieutenant of The Tower, to attend both Houses of Parliament presently.

Kelly committed, and Order to examine him and others.

After this, Brian Kelly was brought to the Bar, and charged with those Words that Francis Moore heard him say, "That there was a Plot laid to kill some Lords of Parliament, &c." But the said Brian Kelly denied that ever he spake any such Words. Hereupon the said Francis Moore was called in, to confront him with his Testimony, and avouched again upon Oath what he had formerly declared he heard Bryan Kelly speak to Signor Francisco. Upon this, the House Ordered, That the said Bryan Kelly should be forthwith committed to Newgate, there to remain until the Pleasure of this House be further known; and that Mr. Justice Reeves and Justice Foster do presently examine the said Kelly, and Francis Moore, and Signor Francisco, and all others whom they think fit to give further Informations in this Business, and that they report the said Examinations to this House.

Message from the H. C. with Propositions about Provision of Victuals and Arms in The Tower.

Guards about The Tower, by Land and Water.

A Message was brought from the House of Commons, by Mr. Pym; who was commanded, "To deliver some Propositions to this House, concerning the securing of The Tower of London; they having understood, that there hath been extraordinary Provisions (fn. 1) carried out of The Tower, and extraordinary Provisions and Victuals carried in: Therefore the House of Commons desires that Directions may be given to the Lieutenant of The Tower and the Master of the Ordnance, that no Provisions or Ammunitions whatsoever shall be sent out of The Tower, without the King's Authority signified by both Houses of Parliament; and that no extraordinary Quantity of Provisions be brought into The Tower, without His Majesty's Pleasure signified by both Houses of Parliament. For the putting of this into Execution, the House of Commons desire that a convenient Guard may be put about The Tower, by Land and by Water; and this Guard to be appointed by the Sheriffs of London, and to be under the Command of Serjeant Major General Skippon; and that the Care of the Parliament herein may be intimated to the Common Council of London."

Ordered, That this House agrees with the House of Commons in all the aforesaid Desires.

Phillip Duel sent for, about Kelly's Words.

Mr. Justice Reeves informed the House, "That the Irishman's Name that was with Moore, when he heard Kelly speak the Words, is Phillip Duell, Servant to the Lord Sheffeild:" Hereupon it is Ordered, That the said Duell shall be sent for, to attend this House presently, and be examined.

Sir John Blagrave's Bill.

Ordered, That the Committee for Sir John Blagrave's Bill do meet this Day Sevennight, at the Rising of the House.

Demands and Answers between the Commissioners of England and Scotland to be in Writing.

The Lord Lieutenant of Ireland reported, "That the English Commissioners have treated with the Scotts Commissioners, to reduce them to lower Conditions; and they desire, as they gave in their Demands in Writing, so their Lordships would let them have an Answer from both Houses in Writing."

Order about issuing of Arms from The Tower.

The Earl of Newport, Master of the Ordnance, signified to this House, "That (fn. 1) he hath received several Orders from the House of Commons, for issuing of Arms and Ammunition for Ireland, and desired Leave to wait on the King for Warrants to transport the same;" which this House granted; but Ordered, That his Lordship should return, and attend this House, as soon as he had dispatched with His Majesty.

Against Lightermen working on Sundays.

Hodie 1^a vice lecta est Billa, An Act for the forbidding of Lightermen, &c. to work on Sundays.

Provision for John James's Wife.

Ordered, That Baron Henden do draw up a Proviso for the Saving of the Estate of the Wife of John James, which is legally conveyed unto her for her Maintenance; and that the same be presented to this House To-morrow.

Sir Francis Popham's Bill.

Ordered, That the Committee for Sir Francis Popham's Bill do meet To-morrow Sevennight, at Nine of the Clock in the Morning, in the Painted Chamber.

Lord Chief Justice appointed to examine the Plot to kill some Lords.

Ordered, That the Lord Chief Justice of the King's Bench shall forthwith examine Thomas Acroie and Signor Francisco, touching the Report of the Plot that certain Lords of this House should be killed; and likewise that his Lordship shall send for, and examine, such others as he shall think fit to be examined in the said Business, whereby the whole Plot may be discovered; and afterwards his Lordship is to report the same to this House.

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

Message from the H. C. concerning the Propositions about The Tower.

"That the Propositions concerning The Tower, brought up lately in a Message, (fn. 1) to which their Lordships agreed, are drawn up into an Order, which the House of Commons have agreed to, and they desire their Lordships would join therein.

Ships gone from Dunkirk with Aid to the Rebels in Ireland.

"Also that the House of Commons have received Information, that there are Four Frigates gone out of Dunkerke, laden with Arms and Ammunition, for the Relief and Aid of the Rebels in Ireland; therefore the House of Commons desires that Directions may be given to the Lord Admiral, and the Lord Warden of the Cinque Ports, to give Order speedily, that, if any of those Ships do come into any of the Ports or Havens of this Kingdom, that they may be stayed."

The Copy of the Order was read, in these Words following: videlicet,

Order about Provision and Arms in The Tower of London.

"Ordered, by the Lords and Commons in Parliament, That the Earl of Newport, Master of the Ordnance, and the Lieutenant of The Tower for the Time being, their Deputies, or other Officers, shall not permit or suffer any Ordnance, Ammunition, or other Provisions whatsoever, to be carried out of The Tower, nor permit extraordinary Increase of Waiters, or any Provision of Victuals, in any extraordinary Quantity or Proportion, to be brought into The Tower, without the King's Authority, signified by both Houses of Parliament.

"And, for the better Safeguard of The Tower, it is further Ordered by both Houses of Parliament, That the Sheriffs of London and Midd. shall appoint and place a sufficient Guard about The Tower, both by Land and Water, under the Command of Serjeant Major General Skippon, Commander of the Guards of the Parliament; and that these Guards be careful to see the former Order observed; and the same Sheriffs are required to intimate to the Common Council of London in what Manner the Lords and Commons have provided for the Safety of The Tower."

Ordered, That this House agrees with the House of Commons in this aforesaid Order.

Ships coming from Dunkirk with Arms to be stayed.

Ordered, That the Lord High Admiral of England shall forthwith stay, or cause to be stayed, Four Ships that are lately come from Dunkerke, with Arms and Ammunition, and bound for Ireland, to aid the Rebels there; and that the said Ships be speedily brought into some of the Ports of England.

The like Order was directed to the Lord Duke of Richmond, Constable of the Castle of Dover, and Lord Warden of the Cinque Ports.

The like Order was directed to the Earl of Portland, Captain of the Isle of Wight.

The Answer returned to the Messengers of the House of Commons was:

Answer to the H. C.

That this House hath agreed with the House of Commons in all their Desires contained in this Message.

Lieutenant of The Tower objects to come till he has the King's Leave.

Then the House was informed, "That the Lieutenant of The Tower is not come, according to the Order of this House:" Whereupon the Messenger that carried the Order gave this Account to the House, "That he had served the Order upon him; and, after he had read it, he said that he was very desirous to attend the Houses of Parliament, according to the Order; but conceived he could (fn. 1) not come without His Majesty's Leave first obtained, in respect he hath received a Warrant from His Majesty, with a Command not to depart out of The Tower without His Majesty's Leave, but to reside there; a Copy of which Warrant the Lieutenant had sent to the Parliament."

Captain Conisby was called in, and witnessed the same, as abovesaid.

For which he is voted guilty of a Contempt of the House.

The House conceived, That the Lieutenant of The Tower had committed a high Contempt to the Order of this House in not coming, notwithstanding the King's Warrant, because the King's Command is always supposed to be in an Order of this House.

For the better Debate of this Business, the House was adjourned into a Committee during Pleasure; and the House being resumed, it was Resolved, That the House of Commons should be made acquainted with this Contempt of the Lieutenant of The Tower, in regard that the Order he was served with was to command him to attend both Houses of Parliament.

Hereupon a Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Glanvile:

Message to the H. C. to acquaint them with it.

To let the House of Commons know, that their Lordships have sent for the Lieutenant of The Tower of London, to attend both Houses of Parliament; and he returns this Answer, "That he was very desirous to attend the Houses of Parliament, according to the Order; but conceived he could not come without His Majesty's Leave first obtained, in respect he hath received a Warrant from His Majesty, a Copy whereof he hath sent their Lordships."

The Messengers return with this Answer:

Answer.

That they have delivered the Papers to the House of Commons, as they were commanded.

A Message was brought from the House of Commons, by Mr. Nath. Fynes, to this Effect:

Message from the H. C. that the Lord Digby and Col. Lunsford had Troops of Horse at Kingston.

"That whereas the House of Commons hath been informed that Colonel Lunsford and the Lord George Digby, Son to the Earl of Bristoll, with others, have gathered together Troops of Horse, and have appeared in a Warlike Manner, at Kingston upon Thames, within the County of Surrey, where the Magazine of that Part of the County lies, to the Terror and Fright of His Majesty's good Subjects, and Disturbance of the public Peace of the Kingdom the House of Commons hold it fit that particular Directions may be sent to the Sheriffs of Surrey, Midd. Buckingham, and Berkshire, for the suppressing of these Assemblies (such Assemblies being contrary to Law), and to take some Course for the securing of those Four Counties, and The Strande and Westm. and the Magazines thereof, and for the suppressing of all unlawful Assemblies that are gathered together, to the Disturbance of the Peace of the Kingdom; and they to be required to call in the Justices of Peace and Trained Bands of the Counties, for their Assistance herein, and to give a speedy Account of their Proceedings herein to the Parliament.

Lord Digby to attend this House.

"The House of Commons do also desire their Lordships to take Order, that the Lord Digby, a Member of this House, may be required to give his attendance here.

For securing Portsmouth.

"The House of Commons do likewise desire that an Order be sent from both Houses to the Governor of Portsmouth, requiring him that he do not deliver up the Town, nor receive any Forces into it, but by His Majesty's Authority, signified by both Houses of Parliament.

Committee of the Common Council appointed for the Safety of the City.

Lord Mayor to summon a Common Council at the Request of that Committee.

"And lastly, whereas the Common Council of London hath appointed a Committee to consider of the Defence and Safety of the City, and that the Resolutions of the said Committee can take no Effect until they be communicated to the Common Council; the House of Commons desires their Lordships to join with them in an Order, That the Lord Mayor shall call a Common Council together, as often and at such Times as shall be desired by the said Committee; and that whatsoever Order the said Lord Mayor hath or shall receive from either of the Houses of Parliament shall be by him forthwith imparted to the said Committee."

Order to suppress unlawful Assemblies in Midd. Surrey, Berks and Bucks.

To the First Part of this Message: This House agrees with the House of Commons therein.

Ld Digby sent for.

To the Second Part, touching the Lord Digby: This House agrees with the House of Commons therein, That he have Notice to attend this House, if he be at Kingston or at Court; but, if he be gone to Sherborne to fetch up his Lady, he is to go on his Journey.

Portsmouth to be secured.

To the Third Part, concerning an Order to be sent from both Houses to the Governor of Portsmouth, &c. It is Resolved, upon the Question, This House will join with the House of Commons therein, as they have desired.

These Lords following, before the Question was put, desired their Right of entering their Dissent to this Vote, if it were carried against them; which this House gave Way unto: videlicet,

Co. South'ton, L. Mowbray, L. Wentworth, L. Pierpointe.

Common Council in London to be called when the Committee will.

To the latter Part of this Message, concerning the Common Council: This House agrees therein with the House of Commons.

The Answer returned to the House of Commons was:

That this House agrees with the House of Commons in this whole Message.

E. of Southampton questioned for Words.

The Earl of South'ton speaking some Words in the Debate, of this last Message, which the House conceived to reflect upon the Honour of this House; which were, "That the Parliament had neglected their Duty to the King, for the Safety of His Person;"

Upon this, his Lordship was put to explain himself; which being done, these Resolutions passed:

Votes that this House hath done their Duty for the Safety of the King's Person. The E. of Southampton justified.

Resolved, upon the Question, nemine contradicente,

That this Parliament have performed their Duties to the King, for the Safety of His Person.

Resolved, upon the Question,

That the Earl of South'ton hath satisfied this House with the Explanation he now made of himself.

Lieutenant of The Tower to attend Tomorrow peremptoril.

Ordered, That, if the Lieutenant of The Tower attend not at the First Sitting of this House To-morrow, that then this House will use what Power they lawfully may, to bring him.

Message from the H. C. with some Votes of their House concerning him.

A Message was brought from the House of Commons, by Sir Phillip Stapleton, Knight; who presented to their Lordships some Votes which the House of Commons have passed, concerning Sir John Byron, Knight, Lieutenant of The Tower of London; and the House of Commons desires their Lordships to join with them therein:

Vote against Sir John Byron for Contempt.

"1. That Sir John Byron, the now Lieutenant of The Tower, hath committed a high Contempt against the Authority and Privileges of Parliament, in refusing to appear upon the Summons of both Houses of Parliament."

This House agrees with the House of Commons herein.

He to be sent for as a Delinquent.

"2. That Sir John Byron, the now Lieutenant of The Tower, shall be sent for as a Delinquent."

This House deferred giving any Resolution of this last Vote, at this Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 13^m diem instantis Januarii, hora 1^a post meridiem, Dominis sic decernentibus.