House of Lords Journal Volume 5
22 April 1642

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History of Parliament Trust

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1767-1830

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9, 10, 11

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'House of Lords Journal Volume 5: 22 April 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 9-11. URL: http://british-history.ac.uk/report.aspx?compid=34779 Date accessed: 23 September 2014.


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Contents

DIE Veneris, videlicet, 22 die Aprilis.
Letter from the Earl of Stamford. The King's Answer to the Petition against His going to Ireland. Commissioners for the Royal Assent to the Bill for enabling Corporations to have the Benefit of the Adventures for Ireland. Message to the H. C. to communicate these to them. Bill for settling the Militia. Sent to the H. C. Conference about Sir Edward Deering's Impeachment. Message from the H. C. with the following Orders. Order to pay Three Thousand Pounds to Mr. Frost, for Victuals for Ireland. Agreed to. Order to pay Five Hundred Threescore and Four Pounds, Thirteen Shillings, and Four Pence, for Caps and Stockings for Ireland. Agreed to. Answer to the H.C. Petition of the Mayor of Maidston referred for Examination. Witnesses to be examined concerning Captain Brough's Words against the Lord Lieutenant of Ireland. Sorrell and Aylett to be examined concerning Justice Mallet, in the Kentish Petition Business. Sir Christopher Wray's Bill. Ditto. The Judgement to be given against the Attorney General To-morrow. Committee to prepare a Preface to the Judgement. Haws and Kilvert. Message from the H. C. with the Bill for settling the Militia, and desiring Expedition to it. To be sent to the King, for a Commission for the Royal Assent to it. Answer to the H. C. Robert Robins's Cause. Smith and Busby in Error. Bill for enabling Corporations to have the Benefit of the Act for the Adventure for Ireland. E. of Arundel's Bill. Conference to be had about Lord Newnham's being discharged of his Embassy to Venice. Message to the H. C. for that Conference. Committee to prepare Heads for it. Petition of Cornwall. Thanks given to the Petitioners. Lord Keeper Leave to be absent To-morrow. Answer. Adjourn. Footnotes

DIE Veneris, videlicet, 22 die Aprilis.

PRAYERS.

Letter from the Earl of Stamford.

The Lord Keeper acquainted the House, "That he hath received a Letter from the Earl of Stamford, wherein is inclosed His Majesty's Answer to the Petition presented to Him by his Lordship;" which was read, as followeth:

The King's Answer to the Petition against His going to Ireland.

"That His Majesty hath thought something of the Petition, and is much unsatisfied with many of your Expressions therein. His Majesty will shortly send to His Parliament a particular Answer; but, for the present, you are to tell them, that, as He resolved to do nothing concerning His Irish Journey before He should receive their Answer, so now He will not proceed further therein until they shall hear from Him again."

Commissioners for the Royal Assent to the Bill for enabling Corporations to have the Benefit of the Adventures for Ireland.

Next, another Letter was read, written to the Lord Keeper; signifying, "That His Majesty hath signed a Commission to pass the Bill for the enabling Corporations and Cities to adventure for Ireland: But for Private Bills, His Majesty will not deny to pass them; but intends to respite them until the End of this Sefsion of Parliament, according to the ancient Form."

Message to the H. C. to communicate these to them.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Mr. Serjeant Glanvile:

To deliver to the House of Commons the King's Answer, and the Letter now read.

Bill for settling the Militia.

Next, the Bill for the Ordering of the Militia of the Kingdom of England and Dominion of Wales was read, with the Amendments and Provisoes ingrossed; and it was Resolved, upon the Question, That this Bill, with the Amendments and Provisoes now read, shall pass as a Law.

A Message was sent to the House of Commons, by Mr. Serjeant Aylett and Mr. Serjeant Fynch:

Sent to the H. C.

To deliver to them the Bill for the Militia; and to let them know, that this House hath passed the same, with the Amendments and Provisoes made by the House of Commons.

Conference about Sir Edward Deering's Impeachment.

Then this House was adjourned during Pleasure, and the Lords went to the Conference in the Painted Chamber, about the Impeachment of Sir Edward Deeringe, Baronet; which being ended, the House was resumed; and it is Ordered, That the Report of this Conference shall be made To-morrow Morning.

Message from the H. C. with the following Orders.

A Message was brought from the House of Commons; who presented Two Orders, wherein their Lordships Concurrence was desired.

The Orders were read, as followeth:

Order to pay Three Thousand Pounds to Mr. Frost, for Victuals for Ireland.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers within the City of London, appointed by the Act for the Contribution Money for Ireland, do pay Three Thousand Pounds of the Contribution Money to Mr. Loftus, Deputy Treasurer at War for Ireland; and that the Lord Lieutenant of Ireland be desired to direct his Warrant to Mr. Loftus, to issue this Three Thousand Pounds to Mr. Frost, Commissary of Victuals at Chester."

Agreed to.

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

Order to pay Five Hundred Threescore and Four Pounds, Thirteen Shillings, and Four Pence, for Caps and Stockings for Ireland.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers appointed by the Act of Contribution, within the City of London, shall pay the Sum of Five Hundred Threescore and Four Pounds, Thirteen Shillings, and Four Pence, out of the Monies that are come in upon the Act of Contribution for Ireland, unto Nicholas Loftus, Esquire, Deputy Treasurer at War for Ireland, for the Payment of Caps and Stockings provided for the Soldiers, as appears by Two Bills."

Agreed to.

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

The Answer returned to the Messengers that brought this last Message is:

Answer to the H.C.

That this House agrees with the House of Commons in the Two Orders now brought up.

Petition of the Mayor of Maidston referred for Examination.

Ordered, That the Petition of the Mayor of Maidston is hereby referred to the Committee for the Kentish Petition; and that the Committee do meet this Afternoon, and examine him and others concerning that Business.

Ordered, That the Lord Mowbray, the Lord Wharton, and the Lord Pagett, shall be added to the Committee for the Kentish Petition.

Witnesses to be examined concerning Captain Brough's Words against the Lord Lieutenant of Ireland.

Ordered, That the Lord Mountnorris, Robert Perkins, Thomas Roscarrock, Lieutenant Henry Somster, Captain Manwood, Ensign Size, Edward Chester, Cornett Brode, Lieutenant Gower, and Captain Brough, shall attend this House on Tuesday the 26th of this Instant April, at Nine of the Clock in the Morning, to be examined concerning the Words spoken against the Lord Lieutenant of Ireland.

Sorrell and Aylett to be examined concerning Justice Mallet, in the Kentish Petition Business.

Ordered, That John Sorrell, of Much-Waltham, in the County of Essex, and Mr. Aylett, of Coggeshall, in the said County, shall, upon Sight of this Order, forthwith attend the Committees appointed by both Houses of Parliament to examine the Business concerning the Kentish Petition, and give their Testimonies, as Witnesses, before the said Committees, concerning Mr. Justice Mallet.

Sir Christopher Wray's Bill.

The Earl of Bath reported, "That the Committee hath considered of Sir Christopher Wraye's Bill; and the Committee is of Opinion, That the said Bill is fit to pass as it is, without any Alterations."

Ditto.

Hodie 3a vice lecta est Billa, An Act for to enable Sir Christopher Wray, Knight, to sell the Manor of Hawsteed cum Buckenhams, alias Bucknams, and other Things, in the County of Suffolke.

And it being put to the Question, it was Resolved, That this Bill shall pass as a Law.

The Judgement to be given against the Attorney General To-morrow.

Ordered, That the Judgement against Mr. Attorney General shall be given To- (fn. *) morrow Morning; at which Time the Peers are to be in their Robes.

Committee to prepare a Preface to the Judgement.

Ordered, That these Lords following shall consider and draw up a Preface to the Judgement against Mr. Attorney General, and present the same to this House; videlicet,

The L. Privy Seal.
Comes Bathon.
Comes Leycester.
L. Viscount Say & Seale.
Ds. Pagett.
Ds. Kymbolton.
Ds. Robartes.

Haws and Kilvert.

Ordered, That the Cause between Hawes and Kilvert shall be heard at this Bar on Friday the Sixth of May next, at which Time the Parties and Witnesses on both Sides are to attend the Hearing accordingly.

A Message was brought from the House of Commons, by Wm. Pierepont, Esquire:

Message from the H. C. with the Bill for settling the Militia, and desiring Expedition to it.

To deliver to their Lordships the Bill for settling of the Militia, which the House of Commons have passed, with the Alterations; and they desire it may be sent to His Majesty, with a Commission to be signed for the giving of the Royal Assent to it, with all Speed.

To be sent to the King, for a Commission for the Royal Assent to it.

Ordered, That this Bill be sent forthwith to His Majesty, with all Speed, with a Commission for giving the Royal Assent to it.

The Answer returned was:

Answer to the H. C.

That their Lordships have Ordered, That the Bill concerning the Militia shall be presently sent to His Majesty.

Robert Robins's Cause.

Ordered, That the Lord Pagett, the Lord Brooke, and the Lord Robartes, are hereby authorized to hear and examine the Business of Robert Robins, and make Report thereof to this House.

Smith and Busby in Error.

Ordered, That the Writ of Error between Smith and Busby shall be argued at this Bar on Tuesday (fn. *) next, at which Time the Judges are to have Notice to be present.

Bill for enabling Corporations to have the Benefit of the Act for the Adventure for Ireland.

The Lord Keeper, the Lord Privy (fn. †) Seal, and the Earl of Bath, Three of the Commissioners for the passing of the Royal Assent to the Bill for enabling Corporations and Cities to adventure for Ireland, sitting on a Form set across the House, the Gentleman of the Black Rod was commanded to let the House of Commons know, that their Lordships are ready to (fn. ‡) pass the said Bill; and the House of Commons being come, with their Speaker, the Commission was read; and the Clerk of the Crown read the Title of the Bill, videlicet,

"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."

Which being done; the Clerk of the Parliaments pronounced the Royal Assent: videlicet,

"Le Roy le veult."

This being done; the House of Commons went to their House, with their Speaker.

E. of Arundel's Bill.

Hodie 2a vice lecta est Billa, An Act for Ratification of a Partition heretofore made, by and between the late Phillip Earl of Arrundell and the Lady Anne his Wife of the one Part, and the late William Howard and the Lady Elizabeth his Wife on the other Part.

Ordered, That this Bill is committed to the Consideration of that Committee, which formerly was appointed for the Bill to enable the Earl of Arrundle to sell Lands, in the County of Norff, for Payment of Debts due to the Executors of the Lord Viscount Banning, deceased; and Report thereof to be made to this House; and these Lords following were added to the said Committee: videlicet,

L. Privy Seal.
E. Bathon.
E. Bedford.
E. Essex.
L. Grey de Warke.
L. Coventry.

Conference to be had about Lord Newnham's being discharged of his Embassy to Venice.

Ordered, To have a Conference with the House of Commons, concerning the Lord Newnham's being discharged from his Employment of Ambassador at Venice.

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

Message to the H. C. for that Conference.

To (fn. *) desire a present Conference, if it may stand with their Conveniency, by a Committee of both Houses, touching some public Employment mentioned in the Declaration sent from them.

Committee to prepare Heads for it.

The Lord St. Johns,
The Lord Brooke, and
The Lord Robartes,

Were appointed by the House to draw up the Heads of this Conference, and report the same to the House.

A Petition from the County of Cornwall was read, as followeth:

Petition of Cornwall.

"To the Right Honourable the Peers assembled in Parliament.

"The humble Petition of the Knights, Justices of the Peace, Gentlemen, Ministers, Freeholders, and others, of the County of Cornwall,

"Humbly sheweth,
That they heartily praise God, and thank you, for your happy Conjunction with the House of Commons, in casting out of Bishops from sitting and voting amongst you; in standing for the Rights and Privileges of Parliament; in taking Care for the Militia of the Kingdom; and your Endeavours to settle it in the Hands of such as the Kingdom may confide in.

"And yet they further pray,
That your Lordships may still go on so happily, in consenting always to the just Desires of the House of Commons, that the Roots of all Oppressions, both in Church and Commonwealth, may be taken up, the Remedies timely applied to all their several Distempers, the Endeavours of the Popish Party hindered and prevented, their Strength weakened, their Persons secured, Non-residency and Pluralities (whereby many Souls are starved) reformed; a learned and laborious Ministry established, that, as your humble Suppliants are, so they may be for ever, ready with their Lives and Fortunes to serve you.

"And daily pray, etc."

Thanks given to the Petitioners.

The House, taking this Petition into Consideration, appointed the Speaker of this House to return to the Parties that brought this Petition, this Answer: "To give them Thanks for their Care of the Kingdom, and their Affections to this House; and to let them know, that their Lordships will take their Petition into speedy Consideration."

Lord Keeper Leave to be absent To-morrow.

Ordered, That this House doth dispense with the Lord Keeper's Absence To-morrow, in regard it is a Great Seal Day.

The Earl of Dover reported from the Committee the Bill for the avoiding of some Actions and Suits, with some Amendments and Alterations; which being read Thrice, the House approved of them, and Ordered, That the said Bill with the Amendments shall be ingrossed.

The Messengers return with this Answer:

Answer.

That, touching a Conference, the House of Commons will send an Answer, by Messengers of their own, in convenient Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 23m diem instantis Aprilis, hora 9a, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Bis in Originali.
Deest in Originali.
Origin. paid.
* Bis in Originali.