House of Lords Journal Volume 4: 24 February 1642

DIE Jovis, videlicet, 24 die Februarii.

PRAYERS.

L. Stanhope's Privilege.

Suit against Chamberlain his Tenant stayed.

Upon reading the Petition of Charles Lord Stanhope this Day in the House, shewing, "That Roberte Knightley prosecuteth a Suit against Edward Chamberleine, his Lordship's Tenant, wherein his Lordship's Freehold is concerned, and intends to bring the same to a Trial at the next Assizes to be held at Warwicke, and desiring to enjoy the Privilege of Parliament, as a Peer of this Realm;" it is Ordered, That the said Suit, thus prosecuted by the said Knightley against Chamberleine, wherein the Lord Stanhop's Right is concerned, shall not be any further proceeded in during the Time of the Privilege of Parliament, unless the Pleasure of this House be signified to the contrary; and hereof the Counsel, Solicitors, and others employed in this Cause, are to take Notice, and obey this Order accordingly.

L. Fawconbridge Leave to be absent.

Ordered, That the Lord Fawconbridge hath Leave to be absent from this House a Fortnight.

Bp. of Ardagh to attend about Sir Thomas Cary's Business.

Ordered, That the Bishop of Ardagh, in the Kingdom of Ireland, shall attend the Lords in Parliament on Monday next, being the 28th of this Instant February; and that then the Business between and Sir Tho. Cary shall be proceeded in.

Col. Hill to enlist none but Irishmen for France.

Upon Information this Day given unto this House, "That much Tumult hath been lately made by the entertaining of Men by Colonel Hill, or his Agents, by an Order of this House;" it is Ordered, That the said Colonel Hill and his Agents shall take up only Irishmen, Voluntiers, and give Security as formerly he hath been Ordered by this House to do; and to transport them only into France, as he hath been directed.

Benyon's Cause.

Ordered, That the Cause of George Benyon, depending in this House, upon a Petition preferred against him, where the Earl Rivers and the Lord St. Johns is concerned, shall be proceeded in; and that the Earl Rivers shall be made acquainted therewith.

Report of the King's Answer concerning the Propositions for Ireland.

The Earl of Westm'land reported the King's Answer to the Message concerning the Propositions for Ireland:

"His Majesty, being very glad to receive any Proposition that may repair the Calamity of His distressed Kingdom of Ireland, especially when it may be without Burthen or Imposition, and for the Ease of His good Subjects of this Kingdom, hath graciously considered the Overture made by both Houses of Parliament to that Purpose; and returns this Answer:

"That, as He hath offered, and is still ready, to venture His own Royal Person for the Recovery of that Kingdom, if His Parliament shall advise Him thereunto; so He will not deny to contribute any other Assistance He can to that Service, by parting with any Profit or Advantage of His own there; and therefore (relying upon the Wisdom of His Parliament) doth consent to every Proposition now made to Him, without taking Time to examine whether this Course may not retard the reducing of that Kingdom, by exasperating the Rebels, and rendering them desperate of being received into Grace if they shall return to their Obedience.

"And His Majesty will be ready to give the Royal Assent to all such Bills as shall be tendered unto Him by His Parliament, for the Confirmation of every Particular of this Proposition."

Order to bring the Twelve Bishops this Afternoon.

Ordered, That the Lieutenant of The Tower shall bring the Twelve Bishops that are impeached by the House of Commons for High Treason before the Lords in Parliament this Afternoon, by Three of the Clock; at which Time they shall be heard, by their Counsel, touching Point of Law concerning High Treason.

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

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

To let the House of Commons know, that the Twelve Bishops impeached of High Treason by them, having desired to be heard by their Counsel, in Point of Law, concerning Treason, this House hath appointed this Afternoon, at Three of the Clock, to hear their Counsel.

The Messengers return with this Answer:

Answer.

That they have delivered their Message to the House of Commons.

Information concerning the Prince's going to Greenwich.

The Lord Chamberlain signified to the House "That whereas the Lord Marquis of Hertford, Governor to the Prince his Highness, was commanded by both Houses of Parliament to take Charge of the Prince, and not to be absent from him, the King last Night sent an Order to the Lord Marquis, that the Prince should speedily be removed to Greenwich; and, because the Lord Marquis of Hertford is so indisposed in his Health that he is not able to go with his Highness, and perform the Trust that is laid upon him, he thought fit the Parliament should be made acquainted therewith."

And this House resolved to communicate this to the House of Commons, and to send an Order to the Lord Marquis Hertford, and some Reasons to the King;

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

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

To desire a Conference, by a Committee of both Houses, touching the Prince's going to Greenwich, and also touching the King's Answer to the Propositions for Ireland.

Sir Thomas Alisbury's Order concerning Cranborn Lodge in Windsor Forest.

Upon Information this Day given unto this House, That the Pales about the Walk of Sir Tho. Alisbury, Baronet, being Part of the Forest of Windsor, in Comitatu Berks, have been pulled down, and many of the Deer there have been killed, and a great Riot committed;" it is Ordered by this House, That the Justices of the Peace for that County shall speedily take the Examinations in this Cause, and return them forthwith unto Mr. Baron Henden, the Judge of Assizes there at this Time; and that the said Judge shall see that Indictments shall be forthwith preferred against the Offenders; and that they shall be speedily proceeded against, according to Law.

The Messengers return with this Answer:

Answer from the H. C.

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

Subject of the Conference.

Then the House appointed the Lord Chamberlain to acquaint the House of Commons with the same Relation his Lordship made to this House, concerning the Lord Marquis of Hertford, and touching the removing of the Prince to Greenwich, and the Sense of the House therein.

And the Lord Robartes was appointed to communicate unto them the King's Answer concerning the Propositions touching the Adventure for Ireland.

The House of Commons return this Answer to the Messengers:

Answer from the H. C.

That they will give a present Conference, in the Painted Chamber, as is desired.

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

The House taking again [ (fn. 1) into Consideration] the Prince's removing to Greenwich, made this Order: videlicet,

Order concerning the Prince's removing from Hampton Court.

"It is Ordered, by the Lords and Commons assembled in Parliament, That the Lord Marquis of Hertford take Care that the Prince be not removed from Hampton Court, until his Lordship's Health permit him to attend that Charge given to him by His Majesty and the Parliament."

Sent to the H. C.

Which said Order was sent down by Message to the House of Commons, by Serjeant Ayliff and Serjeant Fynch, to desire their Concurrence therein.

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

Message from thence, that they agree to it.

To let their Lordships know, that they agree with this House touching an Order to be sent to the Lord Marquis of Hertford; and also a Messenger to the King, with Reasons to the King concerning that Business.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C.

That they do agree with their Lordships in the Order concerning the Lord Marquis of Hertford.

Reasons to be presented to the King, why the Prince should remain at Hampton Court.

Next, the Reasons were read, which are to be presented to the King, to shew why the Prince should stay at Hampton Court: videlicet,

"The Lords and Commons do humbly desire His Majesty, that the Prince may not be removed from Hampton Court, and that for these Reasons:

"1. They conceive His Majesty hath resolved the Prince should stay at Hampton Court until His Majesty's Return.

"2. That the Lord Marquis of Hertford, appointed by His Majesty to be Governor of the Prince, and approved and commanded by the Parliament to give his Personal Attendance on the Prince, is now so indisposed in his Health, that he is not able to attend the Prince to any other Place.

"3. That the Prince's Removal at this Time from Hampton Court may be a Cause to promote Jealousies and Fears in the Hearts of His Majesty's good Subjects, which they conceive very necessary to avoid."

Sent to the H. C.

The House, approving of these Propositions, sent them to the House of Commons, by Message by Serjeant Whitfeild and Serjeant Fynch, to desire their Concurrence therein; and that this House will appoint One Member, to join with a proportionable Number of the House of Commons, to present these Reasons to the King, and an Order to the Lord Marquis of Hertford, from both Houses of Parliament.

Ordered, That the Lord Howard of Charleton do attend the King, and present unto Him these Reasons aforesaid, from both Houses of Parliament.

The Messengers return with this Answer:

Message from the H. C. that they agree to them, and for a Committee to present them.

That the House of Commons doth approve of the Reasons to be presented to the King, concerning the Prince's removing from Hampton Court, to Grenwich; and they have appointed a (fn. 2) Committee of a proportionable Number, to join with the Committee of this House, to present the same to the King.

After this, divers Citizens of the City of London were admitted, to deliver a Petition to this House; which was read, in hæc verba: videlicet,

The Petition of some Citizens of London, for continuing the ancient Government of the City.

"To the Right Honourable the Lords and Commons now assembled in Parliament.

"The humble Petition of the Citizens of London, whose (fn. 3) Names are underwritten,

"Sheweth,

"That the City of London hath, Time out of Mind, enjoyed the ordering of their own Arms, which hath successively been annexed unto the Mayoralty for the Time being, the Lord Mayor having always been a Person of Worth and Quality, and of their own Choice, and hath still advised with the Court of Aldermen in the Execution thereof; so that, if the same should be conferred upon others, we humbly conceive it would not only be a Personal Dishonour to the Lord Mayor, but also reflect upon the Government and Customs of the City of London, granted to the Citizens by the Great Charter of England, and confirmed by divers Acts and Charters since that Time, and which every Freeman of the said City is, by the Oath of his Freedom, bound to maintain, to the uttermost of his Power.

"This Honourable Assembly may be pleased to take into their grave Consideration, that Alteration in the ancient Government in this Renowned City may breed greater Distractions and Inconveniencies than for the present can be discerned, or in the future can be amended.

"Wherefore our humble Petition is, that, since the Government hath by Experience been found for the Honour of His Majesty, the Good of this City and whole Kingdom, and that in the most troublesome Times, as that it hath been admired and commended by Strangers before any other City in the known World, that the same, by your honourable Favour, may be continued as in former Times, without Alteration.

"Tho. Keightley,
Henry Fetherston,
Roger Drake,
Geo. Benyon.

"With many more, as by the Petition appears."

The Petitioners were commanded to withdraw; and this House took the Petition into Consideration, and conceived it to be of an ill Example, and may produce dangerous Consequences, being in Opposition to what hath passed by Ordinance of both Houses.

The Petitioners examined.

The Petitioners were called in again; and the Speaker, by the Direction of this House, asked them, "whether they have petitioned concerning this Business, elsewhere, and when, and what the Contents is? whether they have a Copy of it? and by whom it was delivered?"

They answered, "They have delivered a Petition to the House of Commons this Morning, and no where else, except a Petition about Ten Days ago exhibited by some Citizens of London to the Lord Mayor, to become a Petitioner to the Parliament for them."

Committee for Examination of the Contrivers of this Petition.

Hereupon they were commanded again to withdraw themselves; and the House appointed these Lords following to be Committees, to join with a proportionable Number of the House of Commons, to examine this whole Business to the Bottom, to find out the Contrivers of this Petition, and the chief Actors therein: videlicet,

Their Lordships, or any Three, to meet when and where they please.

Ordered, That the Conference with the House of Commons, concerning the Grievances, and the Remedies thereof, shall be reported Tomorrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Mr. Ward's Petition.

Ordered, That Mr. Ward's Petition shall be referred to the same Committee appointed to consider of the Petition of Mr. Watkins, Searcher of London.

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

Message from the H. C. that they will proceed against the Twelve Bishops by Bill.

To let their Lordships know, that the House of Commons have resolved to proceed against the Twelve Bishops which were impeached by the House of Commons for High Treason, by Bill, and are proceeding therein for the same Offence.

About guarding the Seas.

2. The House of Commons desires their Lordships to concur with them in an Order for securing those Merchant Ships that shall be adventured for the guarding of the Seas and the Coast of Ireland.

Additions to the Scots Proposition.

3. To offer to their Lordships Consideration some Additions to the Scotts Propositions, touching the Stay of the Journey of the Lord Chancellor and the Lord Marquis of Argyle.

And for a Conference on the Bill against Pluralities.

4. To desire a Free Conference, by a Committee of both Houses, touching the Bill of Pluralities.

The Order was read, as followeth:

Order to secure the Merchants Ships that go in the Fleet.

"The Lords and Commons in this present Parliament assembled, having resolved that a Fleet of Ships shall be set forth this Spring, for the guarding of the narrow Seas, and Defence both of this Kingdom and Ireland, do declare, That whosoever, either Owners of Ships belonging either to Merchants or to His Majesty for this Summer's Expedition, all such Person or Persons shall receive full Satisfaction in Monies, according to such Agreement, out of the Customs; and, in case they fall short, then out of such other Monies as shall be raised by Parliament; and do hereby further declare the good Acceptance of the Service of all such Persons, who shall chearfully contribute their utmost Endeavours to the speedy Dispatch of this Service."

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

Amendments to the Scots Proposition about the Marquis of Argyle, &c.

Next, the Amendments and Addition to the Scotts Proposition, concerning the Lord Chancellor and the Marquis of Argyle, were read, as follows: videlicet,

"Whom we likewise understand to be in the Commission for the Treaty.

(fn. 4) These Words to come in the last Line saving Two between the Word Chanc. and the Word Nor. (fn. 4)

"These being Persons of so great Merit and Honour as doth not only place them in a high Degree of Estimation throughout this whole Kingdom, especially in Parliament, but very much increase and confirm our Confidence, that, by their Advice and Assistance, with the Authority of the Council of State in Scotland, the Supplies for Ireland will be furthered in their Transportation, and likewise followed with such Counsel and Direction as may advance His Majesty's Service there, for reducing that Kingdom, and preserving the Interest of the Crown; for which we shall always make a thankful Return and Acknowledgement."

Ordered, That this House agrees to these Additions.

Answer to the H. C. about these Additions, and securing the Merchants Ships employed in the Fleet.

The Messengers were called in, and told, " (fn. 5) That their Lordships do agree with the House of Commons, to the aforesaid Order for securing the Ships, and also to the Additions to the Answer concerning the Scotts Proposition; but, touching the Conference, their Lordships will send an Answer by Messengers of their own."

The Prince sent for to Greenwich by the King.

The Lord Seymour informed this House, "That the King this Morning sent a Command to the Lord Marquis of Hertford, that the Prince should come to Greenwich To-morrow at Night, and that His Majesty intends to be there on Saturday. The Lord Marquis hopes to be able to attend upon the Prince himself; else he will not let his Highness go out of his Custody."

Marquis of Hertford to attend him.

Hereupon this House was willing the Prince should go, if the Lord Marquis went with his Highness.

The Twelve Bishops at the Bar.

The Twelve Bishops that were impeached by the House of Commons for High Treason being come, were called to the Bar; and the Speaker, by the Direction of the House, told them, "That the House of Commons intend to proceed against them by Bill, upon the same Offence."

Their Desire.

Then the Bishops desiring Leave to speak, and being granted; they said, "They had lain long under a Charge of Treason, and have had many Days assigned to be heard; and the Matter of Fact being heard, they desired the Justice of this House, that they might be heard, by their Counsel, in Point of Law, and either be acquitted, or Judgement given against them upon that Charge."

Order that they shall be heard to speak to the Bill.

The Bishops being commanded to withdraw; the Lords took their Desires into Consideration: And it is Ordered, That, before the Twelve Bishops shall be concluded in any Proceeding against them in this House, they shall be heard, by themselves and their Counsel, as their Cause shall require.

Then the Twelve Bishops were called in, and told what the Lords had Ordered as above said; and withall did let them know, that, if they should be heard now, it would be but Loss of Time.

Upon this, the Bishops gave their Lordships humble Thanks, and offered to their Lordships Consideration, That, seeing they did not know any certain Time when the House of Commons would proceed against them, or when their Lordships would hear their Counsel, it would be much to their Disadvantage and Prejudice if a Day should be appointed when their Counsel whom they rely upon should be out of Town in their Circuits."

Hereupon the Bishops Counsel were called in, and asked whether they can attend the Bishops Cause, as they are assigned.

Mr. Fountaine answered, "That the Counsel resolved to put the Management of the Business into one Hand, and so it fell to his Lot; but he said he was to go Circuit on Monday next, being engaged to divers Clients, who rely upon him for their Causes."

Next, Mr. Herne, Mr. Chute, and Mr. Hales, confessed, "That, by Agreement, they had laid the whole Weight of the Business on Mr. Fountaine, but they would contribute what they can to him."

Order about their Counsel.

The Bishop and Counsel were commanded to withdraw, and the House took this into Consideration; and Ordered, That Mr. Fountaine, Mr. Herne, Mr. Chute, and Mr. Hayles, assigned by this House, to be the Bishops Counsel, shall not go out of Town, except the Bishops shall give Way unto Mr. Fountaine's going; and that Mr. Herne, Mr. Chute, and Mr. Hayles likewise assent unto, and undertake his Part; and then only Mr. Fountaine may have Leave to go.

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

Message to the H. C. for Committees to meet concerning the London Petition against the Militia.

To let them (fn. 6) know, that their Lordships having received a Petition from some of the Citizens of London, which is of a dangerous Consequence, their Lordships have appointed a Committee of Thirteen Lords to consider of it, and find out who are the Contrivers and chief Actors in it; and to desire that the House of Commons would appoint a Committee of their House, of a proportionable Number, to join with the Lords herein; and that they might meet presently, in the Painted Chamber.

The Messengers return with this Answer:

Answer.

That the House of Commons have appointed a Committee, of a proportionable Number, and will give a Meeting presently, as is desired.

Draught of a Proclamation to summon Ld. Digby to appear.

The Clerk of the Crown offered to the House a Draught of a Proclamation Writ, to be sent over England and Wales, to summon George Lord Digby to appear at a certain Day, which was read, as followeth, in hæc verba: videlicet,

It is Ordered by the Lords in Parliament, That a Proclamation be sent forth speedily, into all the Counties of England and Wales, to summon George Lord Digby to appear Personally before the Lords in Parliament, to answer an Accusation of High Treason exhibited against him by the House of Commons, which Appearance of his is to be within Fifteen Days next after the Date of the Proclamation Writs, sub Pæna Convictionis; and the Proclamation Writs commanding the same to be in hæc verba: videlicet,

The Proclamation.

"Rex, etc. Vicecom. Salutem. Cum Communitas Regni Nostri Angliæ, in præsenti Parliamento Georgium Dominum Digby de Alta Proditioneaccusaverit et impetierit; cumque per Dominos Temporales in eodem Parliamento de Assensu (fn. 7) ac Avisamento Nostris, ordinatum existit, quod Proclamatio per totum Regnum Nostrum Angliæ public fiat, quod idem Georgius Dominus Digby, in propria Persona sua, compareat et se reddat, coram Nobis et præfatis Dominis, infra Quindecim Dies proxime post Datum hujus Brevis Nostri, ad respondendum de eadem Proditione, et ad standum recte coram Nobis et præfatis Dominis in hac Parte, sub Pœna Convictionis. Nos, volentes prædictam Ordinationem Effectui debito mancipari, tibi præcipimus, firmiter injungendo, quod statim, visis præsentibus, in singulis Civitatibus et Villis Mercatorlis, et aliis Locia in Balliva tua, ubi melius expediri videris, ex Parte Nostra, publice proclamari facias, quod prædictus Georgius Dominus Digby in propria Persona sua compareat, et se reddat coram Nobis et præfatis Dominis, in præsenti Parliamento Nostro, infra Quindecim Dies proxime post Datum hujus Brevis Nostri prædicti, ad respondendum de Proditione prædicta et standum recte coram Nobis et præfatis Dominis in hac Parte, juxta formam Ordinationis prædicta facta fuit, sub Sigillo tuo, distincte et aperte sine Dilatione reddas certiores, hæc verba Nobis remittens. Teste Meipso, apud Westm. 24 die Februarii, Anno Regni Nostri Decimo septimo."

Ordered, That this House approves of this Parliament Writ, to summon to appear the Lord George Digby; and that the same shall bear Date from this Day, and be sent to the several Sheriffs of the Counties of England and Dominion of Wales.

A Petition was presented to this House, of the Inhabitants of New Sarum, which was read in their Presence, as followeth: videlicet,

Petition of the Inhabitants of New Sarum.

"To the Right Honourable the Peers, now assembled in Parliament.

"The humble Petition of the Mayor, Aldermen, Gentlemen, Merchants, Citizens, and other Inhabitants of the County of New Sarum, in the County of Wilts,

"Sheweth,

"That whereas your Petitioners, with all other truehearted Subjects, have with with much Comfort and Thankfulness observed yours and the Honourable House of Commons invincible Zeal and Constancy, for the Cause of God and the Public Good of the King's Majesty and this Land, and with great Thoughts of Heart have also observed how yours and their pious Intentions and Endeavours (for a most needful Reformation of our Grievances both in Church and State) have been retarded and thwarted, by the Counter-working of a malignant Party, the Popish Lords and Bishops in your House, who have laboured most to hinder (that which all good Subjects do most pray for) the happy Union between the King and Parliament, and between the Peers and Commons therein assembled, whereby the Popish Rebellion in Ireland hath gathered Strength, and Popish Spirits in England have been animated in their Ways of Conspiracy and Insolency (as your Petitioners humbly conceive), to the great Distraction and Danger of the whole Nation, as well in our Religion and Lives, as in the Decay of Trade in the Kingdom, whereof all your Petitioners whom it concerns are sensible:

"We do therefore most humbly pray, that, as this most Honourable House (by your late happy Concurrence with the House of Commons) hath revived the Spirits, and renewed the Hopes, of your Petitioners and all Faithful Christians, in sending some Relief to Ireland, in putting the Forts and Militia of this Kingdom into safe Hands, and the whole Kingdom into a Posture of Defence, and in casting out the Votes of the Bishops; so you will be pleased to go on, and fully to co-operate with the House of Commons, for a general and thorough Work of Reformation (so happily begun), that the Votes of Popish Lords (by whose sitting at the Stern the Ship of this Kingdom is in Danger) may be cast out, and the now-enraged Papists sufficiently suppressed; that the evil Counsellors may be removed from our dear Sovereign; that all Popish and scandalous Ministers (the Shame of our Nation) may be cast out; that our bleeding Brethren in Ireland may be delivered and secured from the Hands of Blood-sucking Papists and Rebels; that the Royal Seed (the Pledges of the Kingdom's Hopes) may have such Governors and Tutors as are found in true Religion, and such as the Parliament may confide in, for the good Education of those precious Plants; that the Privileges of Parliament may be fortified against all future Hazards; that all known Offenders and Delinquents may be brought to condign Punishment, and especially the Plotters and Contrivers of the late unparalleled high Breach of the Privileges of Parliament may be discovered, and made exemplary, to the Terror of all such dangerous Attempts in all succeeding Ages.

"And your Petitioners shall be ready (according to the Protestation) to maintain the King's Majesty, His Royal Progeny, the Parliament, and Privileges thereof, against all Foreign and Domestic Enemies, and in particular your Honours and Persons, together with the House of Commons, even to the uttermost Peril of their Lives, Power, and Estates; and they and their Posterities bound to pray."

Thanks given to the Petitioners.

The Petition being read, the Petitioners were commanded to withdraw; and the House taking the same into Consideration what Answer to return them; and the Petitioners being called in again, the Speaker, by Directions of this House, gave them Thanks, in the Name of this House, for their Care of the Public in general, their Respect to this House, and their Care of Ireland; and that this House will take their Petition into a speedy Consideration.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 25^m diem instantis Februarii, hora 1^a post meridiem, Dominis sic decernentibus.