House of Lords Journal Volume 4: 15 April 1642

DIE Veneris, videlicet, 15 die Aprilis.

PRAYERS.

Riot in The King's Bench.

Ordered, That the Sheriff of the County of Surrey shall attend this House this Day Fortnight, to give an Account of the late Riot in Southwarke.

Bill for Corporations to have the Benefit of the Act for reducing the Irish Rebels.

Hodie 1^a vice lecta est Billa, An Act to enable Corporations and Bodies Politic to participate of the Benefit of an Act lately passed, intituled, "An Act for the speedy and effectual reducing of the Rebels in His Majesty's Kingdom of Ireland, to their due Obedience to His Majesty and the Crown of England."

Sir Christopher Wray's Bill.

Hodie 1^a vice lecta est Billa, An Act to enable Sir Christopher Wary, Knight, to sell the Manor of Howsted cum Buckenhan, alias Buckmans, and other Things, in the County of Suffolke.

Polford's Privilege.

Upon reading the Petition of John Pulford, complaining, "That he, being the King's Servant in Ordinary, is arrested, contrary to the Privilege of Parliament; therefore humbly desires he may be released, according to the Privilege of Parliament:" Hereupon it is Ordered, That the said John Pulford shall be forthwith released from his said Imprisonment, by virtue of this Order, according to the Privilege of Parliament.

The House called.

Next, the House was called; and the Lords following were absent:

Committee to consider of the Imposition upon Lords absent without Leave.

Ordered, That the Committee appointed to consider of Lords absent shall meet this Afternoon, at Two of the Clock, in the Painted Chamber; and advise what is fit to impose upon those Lords that are absent this Day, and no Excuse made for them.

Conference about the Lord Chamberlain and the Earl of Holland reported.

Then the Lord Keeper reported the Effect of the Conference with the House of Commons last Night; which was, "That Mr. Holles acquainted their Lordships, that the House of Commons did return the Votes, which they received from their Lordships, concerning the Earls of Essex and Holland; wherein they agree with their Lordships, with some Alterations and Additions, wherein they desire their Lordships Concurrence."

Votes concerning them. Their Attendance on the House, no Disobedience of the King's Command.

The Votes were read, as followeth: videlicet,

"Resolved, &c.

"That the Attendance of the Lord Chamberlain and the Earl of Holland upon the Service of the House of Peers, according to the Order of that House, is no Disobedience to the King's Command."

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

No Member of either House to be absent, without Leave of the House of which he is a Member.

"Resolved, &c.

"That no Member of either House of Parliament ought to absent himself from the Service of that House whereof he is a Member, upon any Command from His Majesty, without Leave first had of that House whereof he is a Member."

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

King's Licence to the Lord Chamberlain and Earl of Holland; a Breach of Privilege.

"Resolved, &c.

"That the Licence, or Dispensation, sent by His Majesty to the Earl of Essex and the Earl of Holland, to discharge them from their Attendance upon the Service of that House, contrary to the Order of that House, is a high Breach of Privilege."

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

Displacing them from their Offices, an Injury to the Parliament and Kingdom.

"Resolved, &c.

"That the displacing of the Earl of Essex and the Earl of Holland from their several Offices, at this Time, and upon this Occasion, is an Injury to the Parliament, and the whole Kingdom."

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

Whoever accepts their Places, unworthy any Place in the Commonwealth.

"Resolved, &c.

"That what Person soever shall accept of either of these Offices, thus taken away, until Satisfaction be given to both Houses of Parliament, shall be accounted to do an ignoble Act, and to offer an Affront to the Parliament, and thereby render himself unworthy of any Place of Honour or Trust in the Commonwealth."

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

These Preceedings of the King the Effect of evil Counsels.

"Resolved, &c.

"That these Proceedings are the Effects of evil Counsel, to discourage good Men from doing their Duty, and tend to the Increase of the Division between the King and His People, and to the Disturbance of the Peace of the Kingdom."

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

His Lordship further reported, "That Mr. Pym presented to their Lordships a Draught of a Message to be sent to the King, containing some Reasons against His Majesty's going into Ireland; wherein the House of Commons desire their Lordships Concurrence."

The said Message was read, as followeth: videlicet,

Message to the King, to dissuade Him from going to Ireland.

"May it please Your Majesty,

"Your Majesty's most loyal and faithful Subjects, the Lords and Commons in Parliament, have duly considered the Message received from Your Majesty, concerning Your Purpose of going into Ireland in Your own Person, to prosecute the War there, with the Bodies of Your English Subjects, levied, transported, and maintained at their Charge, which You are pleased to propound to us, not as a Matter wherein Your Majesty desires the Advice of Your Parliament, but as already firmly resolved on, and forthwith to be put in Execution, by granting out Commissions for the levying of Two Thousand Foot and Two Hundred Horse, for a Guard for Your Person, when You shall come into that Kingdom; wherein we cannot choose but, with all Reverence and Humility to Your Majesty, (fn. 1) observe, that You have declined Your Great Council the Parliament, and varied from the usual Course of Your Royal Predecessors, that a Business of so great Importance concerning the Peace and Safety of all Your Subjects, and wherein they have especial Interest, by Your Majesty's Promise, and by those great Sums which they have disbursed, and for which they stand engaged, should be concluded and undertaken without their Advice; whereupon we hold it our Duty to declare, That, if at this Time Your Majesty shall go into Ireland, You will very much endanger the Safety of Your Royal Person and Kingdoms, and of all other States professing the Protestant Religion in Christendom, and make Way to the Execution of that cruel and bloody Design of the Papists, every where to root out and destroy the Reformed Religion, as the Irish Papists have in a great Part already effected in that Kingdom, and in all Likelihood would quickly be attempted in other Places, if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design; and, that we may manifest to Your Majesty the Danger and Misery which such a Journey and Enterprize would produce, we present to Your Majesty the Reasons of this our humble Opinion and Advice:

"1. Your Royal Person will be subject not only to the Casualty of War, but the secret Practices and Conspiracies, especially, Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom, which the Papists are generally bound by their Vow to extirpate.

"2. It will exceedingly encourage the Rebels, who do generally profess and declare that Your Majesty doth favour and allow their Proceedings, and that this Insurrection was undertaken by the Warrant of Your Commission; and it will make good their Expectation of great Advantage by Your Majesty's Presence at this Time of so much Distraction in this Kingdom, whereby they hope we shall be disabled to supply the War there; especially there appearing less Necessity of Your Majesty's Journey at this Time, by reason of the manifold Successes which God hath given against them.

"3. It will much hinder and impair the Means whereby this War is to be supported, and increase the Charge of it, and in both these Respects make it more insupportable to Your Subjects; and this we can confidently affirm, because many of the Adventurers, who have already subscribed, do, upon the Knowledge of Your Majesty's Intention, declare their Resolution not to pay in their Money, and others very willing to have subscribed do now profess the contrary.

"4. Your Majesty's Absence must necessarily very much interrupt the Proceedings of Parliament, and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice, which we shall humbly expect from Your Majesty, for the establishing of a perfect Union and mutual Confidence betwixt Your Majesty and Your People, and procuring and confirming the Prosperity and Happiness of both.

"5. It will exceedingly increase the Jealousies and Fears of Your People, and render their Doubts more probable, of some Force intended by some evil. Counsels near Your Majesty, in Opposition of the Parliament, and Favour of the malignant Party of this Kingdom.

"6. It will bereave Your Parliament of that Advantage whereby they were induced to undertake this War, upon Your Majesty's Promise that it should be managed by their Advice; which cannot be done if Your Majesty, contrary to their Counsel, shall undertake to order and govern it in Your own Person.

"Upon which, and divers other Reasons, we have Resolved, by the full and concurring Agreement of both Houses, That we cannot, with Discharge of our Duty, consent to any Levies, or raising of Soldiers, to be made by Your Majesty, for this Your extended Expedition into Ireland, or to the Payment of any Army or Soldiers there, but such as shall be employed and governed according to our Advice and Direction; and that, if such Levies shall be made by any such Commission of Your Majesty, not agreed to by both Houses of Parliament, we shall be forced to interpret the same to be raised to the Terror of Your People, and Disturbance of the Public Peace, and hold ourselves bound, by the Laws of the Kingdom, to apply the Authority of Parliament to suppress the same.

"And we do further most humbly Declare, That, if Your Majesty shall, by ill Counsel, be persuaded to go, contrary to this Advice of Your Parliament (which we hope Your Majesty will not), we do not in that Case hold ourselves bound to submit to any Commissioners which Your Majesty shall choose; but do resolve to preserve and govern the Kingdom, by the Counsel and Advice of Parliament, for Your Majesty and Your Posterity, according to our Allegiance and the Law of the Land.

"Wherefore we do most humbly pray and advise Your Majesty, to desist from this Your intended Passage into Ireland, and from all Preparation of Men and Arms tending thereunto; and to leave the managing of that War to Your Parliament, according to Your Majesty's Promise made unto us, and Your Royal Commission granted under Your Great Seal of England, by Advice of both Houses; in prosecuting whereof, by God's Blessing, we have already made a prosperous Entrance, by many Defeats of the Rebels, whereby they are much weakened and disheartened, and have (fn. 2) no probable Means of Subsistance, if our Proceedings shall not be interrupted by this Interposition of Your Majesty's Journey; but that we may hope, upon good Grounds, that, within a short Time, without Hazard of Your Majesty's Person, and so much dangerous Confusion to Your Kingdoms, which must needs ensue if You should proceed in this Resolution, we shall be enabled fully to vindicate Your Majesty's Right and Authority in that Kingdom, and punish those horrible outrageous Cruelties which have been committed in the Murthering and Spoiling so many of Your Subjects, and bring that Realm to such a Condition as may be much for the Advantage of Your Majesty and this Crown, the Honour of Your Government, and Contentment of Your People; for the better and more speedy effecting whereof, we do again renew our humble Desires of Your Return to Your Parliament; and that You will please to reject all Counsels and Apprehensions, which may any Way derogate from that Faithfulness and Allegiance, which in Truth and Sincerity we have always borne and professed to Your Majesty, and shall ever make good to the utmost, with our Lives and Fortunes."

Ordered, That this House agrees with the House of Commons in this whole Message to His Majesty, omitting these Words ["and to desert the Government and Protection of Your People, in this Time of great Danger and Necessity of the Kingdom"].

After this, the rest of the Votes of the House of Commons were read: videlicet,

Any one raising Forces for Ireland, without Consent of Parliament, an Enemy to the State.

"Resolved, &c.

"That, in respect of the great Fears (fn. 2) and Distractions of this Kingdom, and for the Security of His Majesty's good Subjects, and in regard His Majesty hath committed the managing of the War of Ireland to the Parliament; if any Man shall endeavour to raise Forces for Ireland, or otherwise, or continue any Forces so raised, without Consent of both Houses of Parliament, it is Declared, That he is an Enemy of the State, and liable to the Censure of Parliament."

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

This Vote not to abridge the Sheriffs of their Power.

"Resolved, &c.

"That it is Declared by this House, That this Vote doth not restrain or abridge any legal Power of the Sheriffs of the several Counties."

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

Sheriffs to suppress all Levies not duly authorized.

"Resolved, &c.

"That this Vote shall be sent to the several Sheriffs; and they are hereby required to suppress and hinder all those that shall endeavour to raise any Forces contrary to this Vote."

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

Sir John Hotham to deliver no Arms, &c. from Hull, but by Order of Parliament.

"Resolved, etc.

"That this Vote shall likewise be sent to Sir John Hotham, that he be required to be careful to observe the Order and Directions formerly given him; and not to deliver any Arms or Ammunition out of His Majesty's Magazine at Hull, but by Order of both Houses of Parliament."

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

Commissioners for treating with the Scots to acquaint them with the King's Intention of going to Ireland, and the Petition of Parliament against it.

"Resolved, etc.

"That the Commissioners that are appointed to treat with the Scottish Commissioners do acquaint them with the Message received from His Majesty, of His Resolution to go into Ireland; and of the Resolution of this House to petition His Majesty not to go into Ireland; and to deliver unto them a Copy of the Votes and the Petition, after it is gone to the King."

Ordered, That this House agrees with the House of Commons in this Vote, and Orders the same accordingly.

Message to the H. C. for a further Conference on the Subject of the last.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Bennett:

To desire a Conference, by a Committee of both Houses, at Two of the Clock this Afternoon, in the Painted Chamber, touching the Matter of the late Conference Yesterday.

E. of Bristol and Justice Mallett to be examined about the Kentish Petition.

Ordered, That the Earl of Bristoll shall be examined concerning the Kentish Petition, on Monday; and Mr. Justice Mallett shall be examined as soon as possible may be convenient, afterwards.

Capt. Stanley, the Mayor of Maidstone, and Skelton his Serjeant, sent for about the Kentish Petition.

Mr. Alston, Curate of Alsford, sent for about it.

Upon Information given to the House this Day, "That Captain Stanley, Mayor of Maidston, in the County of Kent, and Thomas Skelton his Serjeant, have endeavoured to get Hands to the Kentish Petition, since it was questioned in this House:" It is Ordered, That the Gentleman Usher, or his Deputy or (fn. 3) Deputies, shall attach the Bodies of the said Captain Stanley and Thomas Skelton, and forthwith bring them before this House to answer the said Complaint: And it is further Ordered, That Mr. Alston Curate of the Parish of Alsford, in the aforesaid County, shall be summoned forthwith to attend this House, to be examined concerning this Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 15^m diem Aprilis, 1642, hora 2^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Answer from the H. C. about the Conference.

The Messengers sent with the Message to the House of Commons this Morning, return with this Answer:

That the House of Commons will give a Conference, by a Committee of both Houses, in the Painted Chamber, at Two of the Clock this Afternoon.

Subject of it.

Then the Lord Keeper was appointed to deliver at this Conference, "That this House agrees to all their Votes brought up at the Conference last Night; and that their Lordships do likewise agree with them in the Message and Reasons to be presented to His Majesty, for the Staying of His Resolution for going in Person into Ireland, omitting the Words in the Two Lines, as was expressed this Morning."

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

Bill for Corporations to have the Benefit of the Act for reducing the Irish Rebels.

Hodie 2^a vice lecta est Billa, An Act to enable Corporations and Bodies Politic to participate of the Benefit of an Act lately passed, intituled, "An Act for the speedy and effectual reducing of the Rebels in Ireland to their due Obedience to His Majesty and the Crown of England."

Ordered, To be committed to a Committee of the whole House, and taken into Consideration presently.

The House was adjourned during Pleasure, to consider of the aforesaid Bill; and the House being resumed, the Committee reported to the House, "That they are of Opinion that the said Bill is fit to pass as it is, without any Amendments or Alterations."

Ditto.

Hodie 3^a vice lecta est Billa, An Act to enable Corporations and Bodies Politic to participate of the Benefit of an Act lately passed, intituled, "An Act for the speedy reducing of the Rebels in Ireland to their due Obedience to His Majesty and the Crown of England."

And, it being put to the Question, it was (fn. 4) Resolved, To pass as a Law, nemine contradicente.

Commission for the Royal Assent to some Bills to be prepared.

Ordered, That a Commission be prepared, and sent to His Majesty, for to (fn. 4) be signed by Him, for passing the Royal Assent to this Bill, Sir Francis Popham's Bill, and the Bill for the Forfeiture of the Estate of John James.

Cooper and Wilgrice to be released upon Bail.

Ordered, That John Cooper and Daniell Wilgrice shall be released of their present Restraint, upon entering into a Bond of Two Hundred (fn. 4) Pounds, unto our Sovereign Lord the King; with Condition to appear before the Lords in Parliament, upon Fourteen Days after Notice given to the said Cooper and Wilgrice, or Notice left at their Dwelling Houses.

Fairvacks and Legay, about Tobacco in Guernsey.

Whereas William Cokayne, William Berkeley, Phillip Burlamachi, and Richard Bogan, have certified the Lords in Parliament, "That a Parcel of Tobacco, unladen out of a Ship called The Exchange of London, Richard Lucas Master, and now remaining in the Isle of Garnsey; whereunto Daniell Fairvacks and Isaack Legay, Petitioners, make Claim, as also Anthony Hooper, Defendant, and others; which said Tobacco, upon Examination, appears unto the said Referees to belong to the (fn. 4) said Fairevacks and Legay, being made over unto them by the said Hooper, for valuable Consideration:" It is therefore Ordered, That all the said Tobacco shall, upon Sight hereof, be delivered unto the Possession of the said Fairevacks and Legay, or their Agents, according to the said Certificate, notwithstanding any former Arrest or Restraint of the said Tobacco whatsoever to the contrary.

Wilsons and Alsop, Printers, released upon Bail.

Ordered, That John Wilson and Thomas Wilson, and Bernard Alsop, Printers, shall be released of their present Imprisonment, upon entering into Bond of One Hundred Pounds unto our Sovereign Lord the King, with Condition to appear before the Lords in Parliament within Three Days next after Warning shall be given unto them, or left at their Dwelling Houses.

Deputations to Colonels and Captains in the Militia.

Next, the Committees reported the Draughts of the Forms of the Deputations to be given to Colonels and Captains of Horse and Foot; which being read, and approved of by this House, it is Ordered, To send them down to the House of Commons, to be considered of by them, and to receive their Approbation of the same; which accordingly was done, by Message, by Sir Edward Leech and Dr. Bennett.

Sir Christopher Wray's Bill.

Hodie 2^a vice lecta est Billa, An Act to enable Sir Christopher Wraye, Knight, to sell the Manor of Hawsteed cum Buckenham, alias Bucknams, and other Things, in the County of Suffolke.

Ordered, That the Consideration of this Bill is committed to these Lords following: videlicet,

Their Lordships, or any Five, to meet on Wednesday next, at Two of the Clock in the Afternoon, in the Painted Chamber.

Message from the H. C. about an Amendment to the Petition for dissuading the King from going to Ireland.

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

To let their Lordships know, that the House of Commons do agree with their Lordships, in the leaving out of the Two Lines in the Message to be sent to the King, concerning His going into Ireland; and that the House of Commons desires, considering the said Message to be a Thing of the greatest Consequence for the Safety of all the Three Kingdoms, that particular Members of both Houses may be appointed, to present the same to His Majesty.

E. of Stamford and a Committee of the H. C. to attend the King with the Petition.

Hereupon this House Ordered, That the Earl of Stamford should go with a proportionable (fn. 5) Number of the House of Commons, and present to His Majesty, from both Houses, the Message and Reasons against His going in Person into Ireland.

The Messengers were called in, and had this Answer returned them:

Answer to the H. C.

That this House joins with the House of Commons in presenting this Message from both Houses to His Majesty, by Members of their own; and that their Lordships have appointed the Earl of Stamford to join with a proportionable Number of the House of Commons.

Boteler, Queen's Servant's Privilege.

Ordered, That Captain Boteler, being menial Servant to the Queen's Majesty, and arrested and detained in Custody contrary to the Privilege of Parliament, shall forthwith, upon Sight hereof, be released and set at Liberty of and from his present Restraint.

Lord Banning's Bill.

Ordered, That the Lords Committees particularly appointed for the Bill concerning the Executors of the Lord Viscount Banning deceased, or any Three, shall meet on Friday next, at Two of the Clock, in the Painted Chamber; and the Officers of the Earl Marshal shall attend the Committee, as by former Orders they have been directed.

Conisby's Bill.

Ordered, That the Committee particularly appointed for the Bill concerning Mr. Conisby shall meet on Wednesday next, being the 20th of this Instant April, at Two of the Clock in the Afternoon, in the Painted Chamber.

Bond, Author of the sictitious Letter from the Queen to the King, released.

Ordered, That John Bond, the Poet, and Author of a scandalous and false Letter, pretended to be sent out of Holland from the Queen unto the King at Yorke, having undergone the Execution of the Judgement of this House against him, shall, upon Sight hereof, be released, and set at Liberty.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 16^m diem instantis Aprilis, 1642, hora 9^a Aurora, Dominis sic decernentibus.