DIE Lunæ, videlicet, 2 die Maii.
Webb versus Bp. Landaff.
Ordered, That Mr. Turner shall appear before the
Committee for Petitions To-morrow in the Afternoon,
touching a Certificate made by him to this House, concerning the Cause between Alice Widow, and the
Bishop of Landaph.
L. Loftus's Cause.
Ordered, That the Cause of the Lord Viscount Loftus
shall be heard the First Cause To-morrow Morning.
Captain Bell's Cause recommended by the Scots Commissioners.
The Earl of Bedford and the Lord Howard of Estc.
informed this House, "That they have received a
Letter from the Scotts Commissioners, to desire them
to recommend from them the Cause of one Captain
Bell, which hath long depended in this House, that
some speedy Course may be taken, to give him some
Relief in his Business:" Hereupon this House Ordered, That the Committee for Petitions shall meet
To-morrow in the Afternoon, and take this Business
Dowager Lady Delawar's Privilege.
Hawkes kept in Custody for arresting her.
This Day William Hawkes, a Bailiff, was brought
to this Bar, as a Delinquent, for arresting the Lady
Ella Warr, and carrying her out of her Coach, near
The Old Exchange, in London, after she told him she
was a Baroness, and had the Privilege of Parliament,
as appeared by the Testimony of John Gore and Richard
Symmes, upon Oath; but the said William Hawkes denied he knew she was a Baroness until afterwards.
Hereupon this House Ordered, That the Bail, at the
Suit of one Reade, against Isabella Dowager Dela Ware,
shall be forthwith discharged, and the Suit staid; and
this House doth now Declare, That the Privilege of
Parliament shall be continued to the said Lady Dela
Ware, during this Parliament, in all Points, both to
her Person and her Estate: And it is further Ordered,
That the Original Writ shall be forthwith brought in,
to see the Title of the Lady Dela Ware in the Writ;
and, in the mean Time, the said William Hawkes shall
be kept in safe Custody.
Bill for punishing scandalous Clergymen.
vice lecta est Billa, An Act for the punishing
of scandalous Clergymen, and others.
Ordered, To be committed to these Lords following,
who are to report their Opinions to this House:
Ds. Grey de Warke.
Ds. Howard de Estc.
Mr. Serjeant Whitfeld and
Mr. Serjeant Glanvile,
Their Lordships, or any, to meet this Day Sevennight, in the Painted Chamber, at Three of
the Clock in the Afternoon.
Bill to restrain Peers made hereafter from voting in Parliament.
vice lecta est Billa, An Act to restrain Peers
made hereafter from sitting or voting in Parliament.
Ordered, To be committed to the Consideration of
these Lords following, who are to report their Opinions
thereof to this House:
Ds. St. Johns.
Ds. Howard de Estc.
The Two Chief Justices Assistants.
Their Lordships, or any Five, to meet this Afternoon, in the Painted Chamber, at Three of the
A Message was brought from the House of Commons,
by Arthur Goodwin, Esquire:
Message from the H. C. to desire the Lords would sit a while.
To desire that their Lordships would please to sit
a while, for the House of Commons have a Business
of extraordinary Consequence to acquaint their Lordships
The Answer returned to the aforesaid Message was:
That their Lordships will sit a while, as is desired.
Justice Mallet to be released upon Bail.
Ordered, That Mr. Justice Mallett shall be free
of and from his present Restraint and Imprisonment,
upon entering into Recognizance of One Thousand
Pounds unto our Sovereign Lord the King, before this
House, with a Condition to appear before the Lords
in Parliament upon Notice given him.
A Message was brought from the House of Commons, by Sir Phillip Stapilton, Knight, and others:
Message from the H. C. for a Conference about Hull, and some transactions at York; and to desire the Lords to fit P. M.
To desire a present Conference, by a Committee of
both Houses, touching the Business of Hull, and a Relation of something done at Yorke; also to desire their
Lordships would please to sit as a House this Afternoon, at Four of the Clock, if it may stand with their
The Answer returned to this Message was:
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired; and that their
Lordships will sit at Four of the Clock this Afternoon,
as a House.
Steward's Cause reported.
Upon the Report this Day made unto this House
of the Cause of Mr. Henry Steward, touching an unjust Proceeding against him by the late Lord Lieutenant of Ireland, and the Council Board there, some
of which Council have the Government and Disposing
of Things now in that Kingdom, and, in this Time of
the Rebellion and great Troubles there, have and do
demean themselves very nobly, and much to the Honour, Good, and Safety of both these Kingdoms, who
may not be absent from Ireland at this Time; this
House therefore thinks it not fit to proceed now in any
Judicial Way against the said Counsellors, in this particular Cause of the said Mr. Steward: Whereupon
it is thought fit, and so Ordered by the Lords in
Parliament, That the whole Business is hereby referred
to the Right Honourable the Earl of Leycester, Lord
Lieutenant of Ireland, to examine, mediate, and end
the same, as in his Lordship's Wisdom he shall think fit.
Next, the House was adjourned during Pleasure,
and the Lords went to the Conference; which being
ended, the House was resumed.
Conference about Hull, and some Transactions at York, reported.
Then the Lord Keeper reported the Effect of this
Conference; which was, "That the House of Commons acquainted their Lordships with some Informations which they have received concerning Yorke and
Narrative of Rushworth, One of the Clerks of the H. C.
"1. A Narrative was made by John Rushworth, One
of the Clerks of the House of Commons, of some
Matters as came to his Knowledge when he was at
Petition to the King, by the Gentry &c. of Yorkshire.
"2. Next, was presented to their Lordships Consideration, a Petition delivered to His Majesty, by
some of the Knights, Gentry, and Freeholders, of
the County of Yorke; which was read, as followeth:
"To the King's Most Excellent Majesty.
"The humble Petition of the Knights, Gentry,
and Freeholders, of the County of Yorke, who
have subscribed hereto,
"That, at the last Assizes, they, with all loyal Duty,
presented a Petition to Your Majesty, and another
to the Lords and Commons in Parliament assembled,
containing their humble Requests for the Declaration
of such Means as might take away all Distances,
and produce a blessed Union, most necessary to this
afflicted Kingdom; which then was, and we are confident yet (fn. *) is, the earnest Prayer and Desire of all
in this Country, who are well affected to Your Majesty,
the true Protestant Religion and the Peace of Your
Dominions. And since, by a Letter from the Speaker
of the House of Commons, directed to the Sheriff, we
are assured that they are framing accordingly their
humble Desires to Your Majesty, such as chiefly
tend to the Honour of God, the Greatness and Prosperity of Your Majesty, and the Public Good of the
Commonwealth; yet since, most Gracious Sovereign
(with much Sorrow of Heart), we understand that a
few Gentlemen of this County have taken upon them
to anticipate these Demonstrations of Duty, which
both Houses are preparing for Your Majesty's Gracious Resolutions thereupon; and, in the Name of
the Gentry and Commons of the County of Yorke
(whereas indeed they were a very small Part of the
Gentry only, as we are informed), in a Petition to
Your Majesty, directly opposite to the Petition of both
Houses of Parliament concerning the removing of the
Magazine at Hull, tending to foment Division between
Your Majesty and Your Great Council: We therefore, encouraged by that Expression from Your Majesty's own Mouth concerning other Petitions, that
You have not gone about to discourage them from
petitioning in an humble Way; and being most
assured that Our loyal Affections to Your Majesty,
Your Crown, and Dignity, are not inferior to any
of Your Subjects whatsoever, and that we have better
Ground and Warrant to represent the Sense of the
Gentry and Commons of Yorkeshire than those few
Petitioners had; yet are we not possessed with so much
Arrogancy as to believe that a few amongst us, or all
the County together, can judge of the Fitness where
to dispose that Magazine, or of the State and Safety
of this Kingdom, and of Your Majesty's Person, so
well as Your Great Council, whose Judgement we
are bound to prefer before all Private Counsels, and
whose Endeavours have given us much Assurance of
their Care and Fidelity to the Public, which we doubt
not shall tend to the Honour, Satisfaction, and Greatness of Your Sacred Majesty and Royal Posterity:
And that Your Majesty would graciously apply yourself to all good Means of Union, that those Duties,
which, by the Laws of God and Men, we owe, expressed in our last Protestation, may not become a
divided Proposition; since the Defence of Your Majesty's Royal Person, Honour, and Estate, the Power
and Privileges of Parliament, and the lawful Rights
and Liberties of the Subject, taken jointly, do all
serve to strengthen each other, which we shall equally
labour to preserve, to the uttermost of our Lives,
Power, and Estate.
"And Your Petitioners shall daily pray for
Your long and prosperous Reign, &c.
"3. After this, was read, the Propositions made by
His Majesty to the Knights and Gentry of Yorkeshire, and their Answer to them.
"The Substance of His Majesty's Propositions consisted in these Two Particulars:
The King's Propositions to the Gentry of Yorkshire.
"1. To know whether we would defend His Majesty's Royal Person from Violence, or no, according
to our Duty.
"2. To have our Advice concerning His Majesty's
being not admitted into His Town of Hull, and how
His Majesty may be vindicated in His Honour for
the Affront; and how He may be put into the Possession of His own.
"May it please Your Sacred Majesty, We shall be
ready to defend Your Majesty's Person from Violence, by all such Ways as the Laws and our Duty
"And for the Means to vindicate Your Majesty's
Honour, and to put You into Possession of Your own,
we conceive the best Advice that we can offer to
Your Majesty is, humbly to desire You to hearken to
the Counsel of the Parliament, who, we assure ourselves, will be careful of Your Majesty's Person and
Honour, and to whom Your Majesty hath already
been pleased to direct a Message.
"Upon Consideration of the aforesaid Particulars;
the House of Commons have some Desires to their
Desires of the H. C. concerning these Proceedings at York.
"1. That this House would join with them, in
giving Thanks to the Knights, Gentlemen, and Freeholders of the County of Yorke, that presented the
aforesaid Petition, and returned the Answer to His
Majesty, especially to the Sheriff of that County, and
Sir Henry Chomeley, Knight, and Mr. Pelham, Two
Members of the House of Commons.
"2. To let their Lordships know, that the House of
Commons think it fit and necessary to send down
some of their Members, as Committees, into Yorkeshire, with Instructions to be agreed on by both
Houses of Parliament; and the House of Commons
leaves to their Lordships Judgement whether they
will send any Members of their House to join with
"3. The House of Commons desires that the Committees of both Houses, appointed on Saturday last,
may meet presently, and expedite the Answer to the
King's Two last Messages concerning Hull; and that
they may have Power to make Use of the Narrative
made this Day by Rushworth, as they shall see Cause,
and consider what is fit to be done thereupon; and
further, that the said Committee shall consider of Instructions fit to be given to the Committees that are
to be sent into Yorkeshire."
Agreed to, and L. Howard of Estcricktogo to Yorkshire, with a Committee of the H. C. to receive Instructions from the Parliament.
Ordered, That this House agrees with the House of
Commons in all the Desires of this Conference; and
hereby appoints the Lord Howard of Estc. to join with
a proportionable Number of the House of Commons,
to go into Yorkshire, and to reside there, according to
such Instructions as shall be given them from both
Houses of Parliament.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in post meridiem
hujus instantis diei, videlicet, 2m diem Maii, 1642, hora
3a, Dominis sic decernentibus.
Justice Mallet Bailed.
Thomas Mallet, Miles, Unus Justiciarius de Banco Regis,
recognovit se debere Domino Regi in Mille Libris, levari ex
Terris, Bonis, et Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is, That,
if the said Sir Thomas Mallet, Knight, One of the
Judges of the King's (fn. *) Bench, shall appear, and attend
the Lords in Parliament, upon Notice given, that then
the said Recognizance to be void; else to remain in
full Force and Virtue.
Riot in Waltham Forest.
Delinquents sent for.
Upon Information to the House this Day, by the
Earl of Holland, "That divers Persons, in a riotous
and unlawful Manner, are assembled together, to kill
and destroy His Majesty's Deer, in Waltham Forest,
in the County of Essex:" Hereupon it is Ordered,
That the Gentleman Usher attending this House, or
his Deputy, shall attach the Bodies of Mr. Russell,
Minister of Chingford, John Chadwell, Richard Barrett,
John Cordell, John Browne, John Dell, Isaack Bellamy,
John Legg, John Alman, Thomas Harding, Samuell Browne,
William Mason, John Sansome, William Combes, Samuell
North, Emanuell Sterlinge, Gutteridge, Ruben Hughes,
Ralph Hughes, William Scruggs, William Hill,
Strettam, and Nic. Cave, principal Actors herein, and
bring them before the Lords in Parliament, to answer
their Riots committed in Waltham Forest.
Legay and Fairvax versus Philips.
Upon reading the Petition of Isaack Legay and
Daniell Fairevacks, Merchants, against Nicholas Phillips,
desiring a Ne exeat Regnum against him; it is Ordered,
by the Lords in Parliament, That the Lord Keeper of
the Great Seal of England shall call all the Parties
before him; and, if the (fn. *) said Nicholas Phillips will put
in his Answer to a Suit depending in Chancery, and
put in such Security as his Lordship shall think fit, to
stand to the Order and Determination of the Court of
Chancery, then the said Writ of Ne exeat Regnum shall
be stayed; otherwise speedily to issue forth against the
said Phillipps, as in the said Petition is desired.
The Opinion of the Judges concerning Printing Libels.
The Lord Keeper reported, "That the Judges have
considered of the Case referred to them by this House,
concerning the Printing of Libels; and the Judges
are of Opinion, That the Printing of Libels is a
Publication of them."
A Message was brought from the House of Commons,
by Sir John Evelyn, Knight, and others:
Message from the H. C. with an Addition to the First Article of L. Digby's Impeachment.
To let their Lordships know, that the House of
Commons, having exhibited Articles against the Lord
George Digby, with a Liberty reserved to add as they
should see Cause, they have now added One Clause in
the First Article of their Charge, being these Words,
["and did levy War against the King"]; which
Words were, by the Order of this House, added accordingly: And this House further Ordered, That a Proclamation, according to the former Form, shall forthwith issue, dated the 3d of May 1642, in these Words
The Proclamation Writ against L. Digby.
"Rex. &c. Vicecomiti Midd. Salutem. Cum Communitas Regni Nostri Angliæ, in præsenti Parliamento,
Georgium Dominum Digby de Alta Proditione accusaverit et impetierit; cumque per Dominos, in eodem
Parliamento, de Assensu et Avisamento Nostris, ordinatum existit, quod Proclamatio per totum Regnum
Nostrum Angliæ publice (fn. †) fiat, quod idem Georgius
Dominus Digby in propria Persona sua compareat, et
se reddat, coram Nobis et præfatis Dominis, xviii°
die instantis Maii, ad respondendum de eadem Proditione, et ad standum recte coram Nobis et præfatis Dominis in hac parte, sub Pæna Convictionis: Nos,
volentes prædictam Ordinationem Effectui debito mancipari, tibi præcipimus, firmiter injungendo, quod
statim, visis præsentibus, in singulis Civitatibus et
Villis Mercatoriis, et aliis Locis, in Balliva tua, ubi
melius exped. videris, ex parte Nostra, publice proclamari facias, quod idem Georgius Dominus Digby in
propria Persona sua compareat, et se reddat, coram
Nobis et præfatis Dominis, in præsenti Parliamento
Nostro, dicto decimo octavo die Maii, ad respondendum de Proditione prædicta, et standum recte coram
Nobis et præfatis Dominis in hac parte, sub Pœna
Convictionis. Et Nos de Diebus et Locis Proclamationis prædictæ, cumfacta fuerit, sub Sigillo (fn. ‡) tuo, distincte
et aperte sine Dilatione reddas certiores, hoc Breve
Nobis remittens. Teste Meipso, apud Westm. tertio die
Maii, Anno Regni Nostri Decimo octavo."
Which said Proclamation is to be directed to all
Counties, Cities, and Places, usual for Proclamation
Writs, to summon George Lord Digby to appear before
the Lords in Parliament on the 18th of May, next,
sub Pæna Convictionis, to answer unto a Charge of
High Treason brought up by the House of Commons
Dr. Featly and Kirwin left to the Law.
Ordered, That the former Orders of this House,
made in the Cause between Dr. Featly and Andrew Kirwin, for the staying of a Cause depending between them
in the Exchequer, shall be hereby taken off, and made
void; and the Parties shall be left to take their ordinary
Course in Law.
Smart's Cause versus Dr. Cosens to be heard.
Ordered, That Mr. Smarte's Cause shall be heard,
by Counsel on both Sides, at this Bar, this Day Sevennight, at Ten of the Clock in the Morning; at which
Time all Parties and Witnesses are to have Notice of
The Sheriff of Essex to prevent killing of Deer in Waltham Forest.
Ordered, That the Sheriff of the County of Essex,
and His Majesty's Justices of Peace of the said County,
shall suppress all Riots and unlawful Assemblies that
shall meet, or come together, in the Forest of Waltham,
to chase or kill His Majesty's Deer there; and to take
Course, from Time to Time, that all such Offenders
shall be apprehended, and brought before the Lords in
Parliament, to receive such Punishment as shall be suitable to their Offences and Demerits.
Scarning and Fitch.
Ordered, That a former Order of this House,
dated the First of March last past, for the Releasement of Gilbert Fitch, at the Suit of Ezechias Scarning,
shall, by virtue of this Order, be taken off and vacated,
and the said Scarning left to his ordinary Remedy at
Law, if the said Gilbert Fitch shall not (having Notice
given him) shew Cause to the contrary on Saturday
next, at the Sitting of this House.
A Message was brought from the House of Commons,
by Robert Reynolds, Esquire, and others:
Message from the H. C. with an Order for issuing Arms &c. from The Tower, for Munster.
To desire their Lordships Concurrence in an Order,
which hath passed the House of Commons, for the
issuing out of The Tower of London certain Arms and
Ammunition, to the Lord Lieutenant of Ireland, for
the Service of the Province of Munster in Ireland; which
Order is grounded upon an Order of His Majesty's,
made the 15th of November last.
The Order was read, in hæc verba: videlicet,
"It is this Day Ordered, by the Lords and Commons
in Parliament assembled, That, according to the
Tenor of a Warrant from His most Excellent Majesty, under His Highness's Signet, bearing Date the
Fifteenth of November last, to the Right Honourable
the Earl of Newport directed, That the Officers of
His Majesty's Ordnance and Armoury, in The Tower
of London, shall forthwith deliver upon Indenture,
unto the Lord Lieutenant of Ireland, or to such
Person or Persons as he shall appoint to receive the
same, out of the Stores and Magazines in The Tower,
such Arms and Ammunition of all Sorts as are specified in a List herewith sent, which List hath been
allowed and agreed upon by both Houses of Parliament; the said Arms and Ammunition to be sent
into the Province of Munster in Ireland, for His Majesty's Service there."
Ordered, That this House agrees with the House
of Commons in this Order.
Next was read the Copy of the King's Warrant.
The Copy of the King's Warrant.
"Whereas We did especially recommend the Care
of the Preservation of Our Kingdom of Ireland, and
the suppressing of the great Rebellion there, unto
Our Parliament of England; who, being very sensible
of the imminent Danger thereof, and for the more
speedy opposing the traiterous Attempts of those
Rebels, have ordained and authorized you to deliver
unto Our Lieutenant of Ireland, or such Person or
Persons as he shall appoint to receive the same, Arms
and Ammunition of all Sorts, according to a List to
be agreed upon and allowed by Our said Parliament:
Our Will and Pleasure therefore is, and We do hereby
will and command you, to cause to be delivered out
of Our Stores and Magazines, in Our Tower of London,
City of Carlile, Town of Hull, or elsewhere, such
Proportion of Arms and Ammunition of all Sorts, as
shall be Ordained to be delivered by Our Parliament.
And for so doing this shall be your Warrant.
"Given under Our Signet, at Our Court at Holy
Rood House, the Fifteenth of November, in the Seventeenth Year of Our Reign.
"To Our Right Trusty and Right Well-beloved
Cousin and Counsellor Montjoy Earl of Newport, Our Master of the Ordnance."
List of the Arms to be delivered.
"A List of such Arms as are to be issued out of
His Majesty's Magazine of The Tower of London, by
the Officers of His Majesty's Ordinance and Armoury,
to be sent into the Province of Munsten:
|Swords and Belts,
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Martis,
videlicet, 3m diem instantis Maii, 1642, hora 9a Aurora, Dominis sic decernentibus.