House of Lords Journal Volume 4: 21 February 1642

Die Lunæ, videlicet, 21 die Februarii.

PRAYERS.

Riots to be suppressed.

Ordered, That the Justices of the Peace, and the Sheriffs for the City of London, Midd. and Surrey, shall take special Care to keep the Peace, according to Law, by the suppressing of all Riots, Routs, and unlawful Assemblies, that shall or may be in their several Precincts To-morrow, being Shrove-Tuesday, the 22d of this Instant February; and hereof great Care is to be taken, as they will answer the contrary to this House.

The King's Answer, about the Ordinance concerning the Militia.

The Earl of Stamford reported, "That he had attended the King, with the Ordinance concerning the Militia; and His Majesty returns this Answer:

"That He having received a Draught for an Ordinance of Parliament, by the Hands of the Earl of Stamford, the Lord de Gkey, Sir Edward Alford, Sir Hugh Owen, Sir Roger Burgen, and Edward Dunce, Esquire, for the present returns this Answer: That, it being a Business of the highest Importance, not only for the Kingdom in general, but also for His Majesty's Regal Authority, he thinks it most necessary to take some Time for Advisement thereupon; and therefore He cannot promise a positive Answer until His Majesty shall return, which He intends to do as soon as He shall have put His dearest Consort the Queen and His dear Daughter the Princess Mary, a Shipboard, for their Transportation to Holland."

Ward, a Recusant at Holy Head, to be watched.

Upon Information given to this House by the Lord Admiral, "That one Mr. Ward, a Popish Recusant, who lives at Holy-Head, hath an Outlet to the Sea, which is conceived to be very prejudicial and dangerous during the Rebellion in Ireland, as being a fit Opportunity to convey Priests and other suspected Persons out of this Kingdom;" it is Ordered, That the Lord Admiral shall give Directions to the Vice-Admiral, or his Deputy, to take Care, and have a vigilant Eye, that Mr. Warde suffers none to be conveyed out of this Kingdom, nor imported out of Ireland, by his Outlet, that are suspicious Persons; and that the Lord Admiral shall have an Account given him hereof from Time to Time, as there shall be Cause.

Irish Ships manned with Papists staid.

Upon Information this Day given to this House, "That some Barks laded for Ireland, and manned with Irish Papists, some of which Barks belong unto Towns in that Kingdom actually in Rebellion against His Majesty;" it is thought fit, and so Ordered by this House, That the said Barks, or Ships, so laden and manned as aforesaid, and such as shall be so laded hereafter, shall be staid by the Lord High Admiral of England, or his Ministers, and to be proceeded in according to Justice.

Milborne's Cause.

Ordered, That Milborne's Cause, depending in this House, shall be heard before the Lords Committees for Petitions on Wednesday the 23d of March next, at Two of the Clock in the Afternoon, in the Painted Chamber; and that all Parties in this Cause shall attend the Lords Committees accordingly.

Fisher versus Dean of Christ Church.

Ordered, That the Cause between Henry Fisher, Plaintiff, against the Dean and Chapter of Christ Church in Oxford and others Defendants, depending in this House, shall be heard before the Lords Committees for Petitions on Thursday the 24th of March next, at Two of the Clock in the Afternoon; and that all Parties and Witnesses in this Cause shall attend the said Lords Committees accordingly.

Justice Reeves to go the Circuit.

Ordered, That Mr. Justice Reeves hath Leave to be absent, to prepare himself for his Circuit; and that the Bill for Wines is referred to the Care of the Lord Chief Justice of the King's Bench and Mr. Justice Crawley.

Message from the H. C. about the Ordinance for the Militia.

A Message was brought from the House of Commons, by Denzell Holles, Esquire:

To put their Lordships in Mind once more of the Militia, that unum necessarium, which is so much for the Defence and Safety of this Kingdom; and, until that be settled, we shall never be able to offend our Enemies abroad, or defend ourselves. He further said, The House of Commons have lately received a Message from His Majesty, concerning the Petition of both Houses to His Majesty for the Settling of the Militia, which Answer the House of Commons have thought of with a great Deal of Sadness, and have prepared a Draught of a Message to be speedily sent to His Majesty for His Answer herein; in which Message the House of Commons desires their Lordships Concurrence.

For the Lord Admiral to seize Ships going to the Rebels.

2. That the House of Commons desires their Lordships to join with them in a Desire to the Lord Admiral, to grant Commissions to all such Merchants as he shall think fit, for the seizing of all Ships and Goods that go to relieve the Rebels of Ireland; and that (fn. 1) they may (fn. 2) have the Prize of the Ships and Goods to themselves.

For Arms from Hull for Ireland.

3. The House of Commons desires that an Order may be given, That Arms may be delivered out of the Magazine at Hull, by Sir Jo. Hotham, Knight, by virtue of Warrants from the Lord Lieutenant of Ireland the Arms to be carried to Chester, for the Service of Ireland.

And for a Conference about some Propositions of the Scots Commissioners.

4. The House of Commons desires a Conference, by a Committee of both Houses, touching some Propositions received from the Scotts Commissioners."

The House, taking the several Parts of this Message in Consideration, gave these Resolutions following:

The Message was read, in hæc verba: videlicet,

Message to be sent the King, concerning the Militia.

May it please Your Most Excellent Majesty,

"Your humble and loyal Subjects, the Lords and Commons, have, with a great Deal of Grief, received Your Majesty's Answer to their just and necessary Petition concerning the Militia of the Kingdom, which Your Majesty, by a Gracious Message formerly sent unto them, was pleased to promise should be put into such Hands as Your Parliament should approve of, or recommend unto You; the Extent of their Power, and the Time of their Continuance, being likewise declared: That being done, and the Persons by both Houses nominated, Your Majesty nevertheless referred Your Resolution herein to a longer and a very uncertain Time, which (the present Dangers and Distractions so great and pressing) is as unsatisfactory and destructive as an absolute Denial: Therefore we once again beseech Your Majesty to take our Desire into Your Royal Thoughts, and to give us such an Answer as may raise in us a Confidence that we shall not be exposed to the Practices of those who thirst after the Ruin of this Kingdom, and the kindling of that Combustion in England which they have in so great a Measure effected in Ireland, from whence (as we are daily informed) they intend and endeavour to invade us, with the Assistance of the Papists here amongst us. Nothing can prevent those Evils, nor enable us to suppress the Rebellion in Ireland, and secure ourselves, but the instant granting of that our humble Petition; which we hope Your Majesty will not deny to those who must, in the Discharge of their Duties both to Your Majesty and the Commonwealth, represent unto Your Majesty what they find so absolutely necessary for the Preservation of both, which the Laws both of God and Man enjoin them to see put in Execution, as several Counties, by their daily Petitions, have desired of us, and in some Places begin already to do it of themselves."

E. of Portland to attend the King with it.

Ordered, That this House joins and agrees with the House of Commons in this Message; and that the Earl of Portland shall attend His Majesty, and present the same unto Him from both Houses of Parliament.

Order to the Lord Admiral to give Commissions to Merchants to seize Ships going to the Rebels.

Next, the House taking into Consideration the Commissions which the House of Commons desires may be given to Merchants, this House Orders, That the Lord Admiral, by Directions from His Majesty, if Need be, shall grant Commissions to all such Merchants as he shall think fit, for the seizing of all Ships and Goods that shall belong or go to relieve the Rebels of Ireland; and that they may have the Prizing of the Ships and Goods to themselves, saving the Right of the Lord Admiral's Tenths unto his Lordship.

Then the Order for Arms was read, as followeth:

Order for Arms to be sent from Hull to Chester.

"Ordered, by the Lords and Commons in Parliament, That, according to the Warrants issued out by the Lord Lieutenant of Ireland, Sir John Hotham, Knight, shall permit so many Arms to be carried out of the Magazine at Hull, to Chester, for the Service of Ireland, as shall be contained in those Warrants; and that those Officers in whose Custody His Majesty's Waggons and Carriages are at Hull shall deliver out so many of the said Waggons and Carriages, with the Furniture and Necessaries thereunto belonging, as shall be requisite for the conveying the Arms which are now to be sent from Hull to Chester; and that Sir John Hotham shall permit the said Waggons to be delivered accordingly."

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

To the last Desire of the House of Commons, concerning a present Conference, this House agrees to.

Answer to the House of Commons.

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

That this (fn. 3) House agrees with the House of Commons, in this whole Message.

Serjeants Whitfield and Glanvile to go their Circuits.

Ordered, That Mr. Serjeant Whitfeild and Mr. Serjeant Glanvile have Leave to go their Circuits, and are to be excused for their Attendance upon this House in the mean Time.

Report of the Petition delivered to the King, about Lord Kymbolton and the Five Members accused of Treason.

The Earl of Carlile reported to this House, That he hath attended the King at Dover, and delivered Him the Petition of both Houses, concerning the Lord Kymbolton, and the Five Members of the House of Commons, that were accused of Treason; and the King returned this Answer: videlicet,

The King's Answer.

His Majesty, having received an humble Petition of the Lords and Commons, by the Hands of the Earls of Carlile and Monmouth, returns this Answer:

"That His dearest Consort the Queen, and His dear Daughter the Princess Mary, being now upon their Departure for Holland, He cannot have so good Time to consider of a particular Answer for a Matter of so great Weight as this is; therefore He must respite the same until His Return."

To be communicated to the House of Commons.

This is Ordered to be communicated to the House of Commons.

Message to the H. C. for a Conference about the Scots Propositions.

A Message was sent to the House of Commons, by Serjeant Whitfeilde and Serjeant Glanvile:

To let the House of Commons (fn. 3) know, that their Lordships are ready to give them a present Conference, in the Painted Chamber, touching the Propositions of the Scotts Commissioners.

Answer.

The Answer returned was:

That the House of Commons will give them a present Meeting, as is desired.

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

Conference reported.

And the Lord Keeper reported the Effect of this Conference; and acquainted their Lordships, "That the House of Commons have presented to their Lordships certain Propositions, sent to them from the Scotts Commissioners, to which the House of Commons have given Answers, wherein they desire their Lordships would join with them; and that their Lordships would join with the House of Commons in a Petition to His Majesty, to recommend General Lesly to the Council of Scotland, to be General of the Scotts Army employed in the Service of Ireland; and that the Committees that are appointed to treat with the Scotts Commissioners may acquaint them herewith.

"Certain Queries, made by the Commissioners of Scotland, upon the Answers of both Houses of Parliament to all their Propositions, and the Resolutions of the House of Commons in Answer thereof.

"1. That the Commissioners for Scotland desire that it may be expressed, that they shall have so many and such Cannons, as well as other Arms, sent into Scotland, as they shall carry into Ireland with them, upon Demand thereof (vide the Answer to the Third of the First Propositions).

"Resolved, &c.

"That the Scotts shall have Cannon Field Pieces, of the same Bore, Weight, and Metal, carried into Scotland, upon their Demand, as they shall transport into Ireland for the Service of that Kingdom.

"2. In the Answer to the Fifth of the First Propositions:

"1. They say, 'tis not clear where their General Guard shall be raised. 2. The Levy-money for that Troop is not expressed. 3. The Want of a Troop to make up Ten.

"Resolved, &c.

"That Twelve Hundred Pounds shall be allowed unto the Scotts, for the raising of a Troop of Horse of an Hundred, to be their General's Guard, for the Horses, for their Arms, and for their Transportation into Ireland.

"Resolved, &c.

"That this House thinks fit to add One Troop more to the Nine Troops of Horse formerly allotted to the Scotts; and that Sir Robert Adair be Captain thereof.

"3. In the Answer to the First of their Seven last Propositions, Londonderry being left out, the Scotts Commissioners insist on it.

"Resolved, &c.

"That, as to the Demand of the Scotts to have Londonderry assigned unto them, this House doth adhere to their former Resolutions.

"4. The Scotts Commissioners say, their Soldiers cannot return without Pay, and will not be willing to disband without Pay; wherefore the Scotts Commissioners desire that they shall be paid so long as they are constrained to keep them together for their Pay; videlicet, till they are paid, or the Kingdom of Scotland satisfied touching their Pay.

"Resolved, &c.

"That, when this House shall agree to disband the Scotts Army employed in the Service of Ireland, that they will discharge them by Regiments, and no lesser Proportions, and pay off so many as they shall disband, and keep the Residue in Pay until they are disbanded.

"5. In the Answer to the Third of the Seven last Propositions, touching Money deposited for the Horses for Baggage and Train of Artillery; they say, it will be too little, there being no other Provision for Men that belong to the Train of Artillery, nor for Carts, &c. and therefore they desire they may have Power to make Use of the Horse of the Kingdom of Ireland, if any be there to be had.

"Resolved,

"That it shall be Ordered by this House, and the Lords desired to join in this Order, That His Majesty may likewise be moved, to give His Assent, that the Scotts, during the Time of the War, may have Power to take up such Horses in the Country as shall be necessary.

"6. The Scotts Commissioners desire an Answer to their last Proposition, being the Seventh.

"Resolved,

"That, as to the Demand of the Scotts concerning a Reward to be given them out of the Rebels Lands, this House is of Opinion to give this Answer:

"That they have made no such Condition with any of the English Forces employed for Ireland; and therefore they hold it not fit to be obliged in any such Condition unto them."

Ordered, by the Lords in Parliament, That this House agrees with the House of Commons in all the aforesaid Propositions.

"Resolved, upon the Question, by the House of Commons, That this House shall move the Lords to join with this House in a Petition to His Majesty, to recommend General Lesley to the Council of Scotland, to be General of the Scotts Army employed in the Service of Ireland, and that the Commissioners shall acquaint them herewith."

Ordered, That the Lords in Parliament do agree with the House of Commons in the abovesaid Resolution.

Ordered, That the Lords Committees do let the Scotts Commissioners know, that this House agrees with the House of Commons in all the aforesaid Propositions, and in the Resolution concerning Lesley.

Sir Thomas Lake versus Lancelot Lake.

This House being informed, "That, upon the Death of the Lady Lake, Sir Thomas Lake and Mr. Lancelott are at Difference who shall get the Possession of the Manor House of Cannons, in the County of Midd." therefore, for the preventing of a Mischief that may follow hereupon, it is Ordered by this House, That the Justices of the Peace next to Cannons shall take Care that the Peace be kept and preserved between the said Sir Tho. Lake and Lancelott Lake, Esquire, according to Law.

William and Anne Pawlett, concerning Depredations by the Dutch.

Ordered, That the Lord High Admiral of England shall be desired to make View of the Complaints and Proofs of William and Anne Pawlett, and their Partners, touching a Depredation committed upon them by some of the Subjects of The States of the United Provinces; and, as his Lordship shall find Cause upon the Examination of the Business, to recommend them to His Majesty, to have Letters of Mart granted them, by Way of Reprizal, against the Subjects of the said States of the United Provinces.

Lady Hastings's Cause.

Ordered, That the Lord Keeper shall have (fn. 4) Power, by virtue hereof, to hear and determine the Cause of the Lady Lucy Hastings, formerly recommended unto his Lordship, by an Order of this House dated the Twenty-ninth of January last, and that without any formal Prosecution of a Suit in that Court; or else to certify this House of the true State thereof, that so their Lordships may proceed therein according to the Wisdom and Justice of this House.

Message from the H. C. for a Conference, about the Grievances of the Kingdom.

A Message was brought from the House of Commons, by Sir Anthony Erby, Knight:

To desire a Conference, by a Committee of both Houses, touching a Declaration of the Causes of the Grievances of the Kingdom, and the Remedies thereof.

The Answer returned was:

Answer.

That the Lords will give a present Meeting, as is desired, in the Painted Chamber.

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

Message to the H. C. for Dispatch in sending the Message to the King.

To let the House of Commons know, that, in regard the Message which is now to be sent to the King is of such Consequence as requires Speed, the Lord that is to attend the King intends to ride Post; and to desire that those Members of their House that are to go may ride Post likewise; and further, to deliver to them the King's Answer brought this Day, concerning the Petition touching the Lord Kymbolton and the Five Members of the House of Commons.

L. Darey versus Mr. Savile.

Ordered, That the Cause of the Lord Darcy, late Sir Conyers Darcy, against John Savill, Gentleman, depending before their Lordships in Parliament, by Petition exhibited unto this House, shall be heard here at this Bar, upon the whole Merits of the Cause, upon the First Tuesday next after Mid-lent Sunday, being the Two and Twentieth of March next; and that the said Lord Darcy, or his Agents, shall give Notice thereof unto the said John Savill or his Agents, that he may attend the Hearing accordingly.

The Lord Robartes was appointed to report this Conference.

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

Ordered, That the Report of this Conference shall be made To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 22^m diem instantis Februarii, hora 1^a post meridiem, Dominis sic decernentibus.