DIE Jovis, videlicet, 19 die Maii.
PRAYERS.
The Lord Privy Seal was appointed by this House
to sit Speaker this Day.
Message from the H. C. with a Bill for a Synod to settle the Doctrine of the Church.
A Message was brought from the House of Commons,
by Mr. Marten; who brought from the House of Commons, 1. a Bill, intituled, "An Act for the calling of
Divines, to settle the Doctrine of our Church."
Declaration to be sent to Scotland.
"2. A Declaration for to be sent into Scotland, desiring their Lordships Concurrence therein."
Agreed to.
Order for 1500L. to Mr. Loftus.
"3. An Order for paying to Mr. Loftus Fifteen
Hundred Pounds for Ireland.
Agreed to.
For Counsel to Lord Kymbolton and the others.
For a Conference about the Charge against the Recorder; and about bringing up the Army.
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This is to be Part of the Conference. |
"4. To desire their Lordships to join with the House of Commons, in assigning Counsel, Attornies, and Solicitors, to the Members of both Houses, falsely accused by Mr. Attorney; and, |
| "5. To desire a Conference, by a Committee of both Houses, concerning the Charge against the Recorder of London, and touching the Depositions concerning the bringing up of the Army against the Parliament to be added to the last Declaration. |
For expediting the last Declaration;
"6. To desire their Lordships to give Expedition to
the last Declaration brought up from the House of
Commons.
and for putting in Execution the Ordinance for the Militia.
"7. That their Lordships would join with the House
of Commons, that a select Committee of both Houses
may be appointed, to consider how to put the Ordinance of both Houses of Parliament concerning the
Militia into speedy Execution."
Agreed to.
E. of Bristol excused.
The Earl of Bristoll, being sick, was excused for being
absent this Day.
This House returned this Answer for the present:
Answer to the H. C.
That their Lordships are now in Hand with the Declaration lately brought, and will give Expedition therein.
As for the other Particulars in the Message, their Lordships will take them into Consideration, and send an
Answer by Messengers of their own.
Declaration from the H. C.
Next, the rest of the Declaration was read, which
was left Yesterday.
(Here enter this Declaration.)
And it being totally read and considered of;
And it being put to the Question, whether this Declaration now read shall pass as it is;
It was Resolved, To pass as it is.
To be printed.
Ordered, That this Declaration shall be forthwith
printed and published.
Protest against it.
These Lords following, before the putting of this
Question, desired Leave to enter their Dissents, which
was granted:
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E. Monmouth.
E. Portland.
E. Dover.
E. Berks. |
L. Capell.
L. De Gray. |
Declaration to be sent to Scotland.
Next, was read the Declaration to be sent to the
Council of Scotland. (Here enter it.)
Ordered, That this House agrees with the House
of Commons in this Declaration, and that it shall be
sent into Scotland, to the Council there.
Trained Bands to be mustered on Thursday.
The Earl of Holland and the Lord Kymbolton reported
to this House, "That they had acquainted the City
with their Lordships Thanks."
The Earl of Holland likewise acquainted this House,
That the Deputy Lieutenants hath informed him,
that they shall not be ready to muster the Trained
Bands until Thursday next;" which this House Ordered it should be then accordingly done.
Committee to put in Execution the Ordinance for the Militia.
These Lords following were appointed to join with a
Committee of the House of Commons, to put the Militia into speedy Execution:
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L. Admiral.
E. Holland.
E. Leycester.
E. Pembrooke.
E. Bedford.
(fn. *) L. Viscount Say. |
Ds. Robartes.
Ds. Brooke.
Ds. Pagett.
Ds. Wharton.
Ds. Newnham.
Ds. Grey de Warke. |
Any Four of their Lordships to meet when they
please.
E. of Leicester Warrant from the King, to levy 4000 Men for Ireland.
The Earl of Leycester acquainted this House with a
Warrant, which he hath received from the King, to levy
Four Thousand Voluntiers, to be sent for the Affairs
of Ireland; which being read, was Ordered to be
referred to the Commissioners for Ireland.
Message to the H. C. That the Lords agree to the Declaration to the Kingdom;
A Message was sent to the House of Commons, by
Sir Robert Rich and Mr. Page:
1. To let them know, that this House hath agreed with
them in the Declaration to the Kingdom; and their
Lordships have Ordered the same to be printed and
published.
and the Declaration to be sent to Scotland;
2. That their Lordships do agree with the House of
Commons in the Declaration to be sent to the Council
of Scotland.
and to the Order for 1500£. to Mr. Loftus.
3. Their Lordships do agree with the House of Commons in the Order for Fifteen Hundred Pounds to be
paid to Mr. Loftus.
That they will give a Conference;
4. That their Lordships are ready to give a present
Conference, as they have desired.
and for Committees to meet to put in Execution the Ordinance for the Militia.
5. To let them know, that their Lordships have
appointed Twelve Lords, or any Four of them, to meet
when they please, to join with a Committee of the House
of Commons, to put the Militia into Execution.
Answer from the H. C.
The Messengers return Answer:
That they have delivered the several Papers to the
House of Commons; and the House of Commons will
appoint a Committee, to meet with a Committee of this
House, for putting the Militia into Execution.
And the House of Commons will give a present Conference, as is desired.
A Message was brought from the House of Commons,
by Mr. Hampden:
Message from the H. C. with an Order about the Declarations to be sent to Scotland.
To desire their Lordships Concurrence in an Order
made by the House of Commons.
"It is this (fn. *) Day Ordered, by the Lords and
Commons, That the Commissioners of both Houses
appointed to treat with the Scotts Commissioners shall
deliver unto the Scotts Commissioners true Copies of
the Declarations passed by both Houses, to be sent in
Answer to the Declaration from the Council of Scotland, and likewise of the Declarations at large passed
both Houses; and desire them, in the Name of both
Houses, to send them forthwith to the Council of
Scotland."
Agreed to.
Ordered, That this House agrees with the House
of Commons in this Order, and refers it to the Lords
Committees to deliver the same to the Scotts Commissioners, to go at what Time they think fit; but the Committees of both Houses to go together.
Letter from L. Howard, to the L. Keeper.
A Letter written from the Lord Howard to the Lord
Keeper, with Papers inclosed, were read.
The Person who brought the King's Letter to Skippon to attend.
Ordered, That the Gentleman Usher shall send a
Messenger to Serjeant Major General Skippon, to know
of him who it was that brought him the Letter to command him to go to Yorke; and that the Party shall have
Notice to attend this House this Afternoon.
The Earl of Holland acquainted this House with a
Letter, which he received from the Lord Savill, at Yorke;
which was read, as followeth:
"My Lord,
Letter from L. Savill, to the E. of Holland.
"Yesterday there came hither a mean base Fellow,
with an Order, Process, or Warrant (for I know
not what to call it), to attach divers of the Peers,
and some others, and amongst the rest myself, for
coming away without Leave, as I imagine, for I know
no Guilt other than that, which I can pretend unto;
though there was no Cause so much as in general
expressed in the Warrant, according as by the Law
of the Land, and Petition of Right, is required:
When he delivered me his Warrant, I was going with
your Brother Newport to Galtres Park, to take the
Air; and, before my Return, found the Messenger
committed for some Offences, as it seems, they did
lay to his Charge: And the King, calling all the
Company about Him, charged me, upon my Allegiance, not to depart the Town without His Consent. I saw great Joy in many herein, to see me
so used in the Face of my Country, to be arrested by
such a Fellow for a Crime so small: As for the
Safety of my Life, after so long an Attendance to go
to my own House, and at a Time when all cursed me
for the good Offices I did contrary to their Designs,
as I shall report to your Committees here, who know
much of my Ways; so, my Lord, I am as you may
well imagine, in a great Distraction: But of this
I am certain that no private Spleen shall debar
me from doing my poor Endeavour for the Public, so far as it is now fit for me to appear;
and I pray God that Things be not carried so high,
as may not suddenly endanger the Peace of us all.
My Lord, I am,
Yorke.
"Your Lordship's faithful Servant,
"For the Earl of
Holland.
Savill.
Ordered, That this House will take this Letter into
Consideration this Afternoon, at Three of the Clock,
at which Time the Lords are not to be absent.
My Lord,
Letter from L. Howard, to the Speaker.
Yesternight, somewhat late, there came to our
Hands this Paper inclosed; which we conceiving to
be illegal, we waited this Morning on the King,
telling Him we thought it our Duty to represent to
His Majesty of what dangerous Consequence it was
to command the whole County to bring in their
Horse, which would be Occasion of great Jealousies,
and might breed great Distractions. His Majesty's
Answer was, That, however it was expressed, yet
He never intended to have any come in but voluntarily. We replied, that this bore another Sense, and
that it would be our Duty to give Notice of it to the
Parliament. When we were gone, the Marquis of
Hertford, the Lord Savile, and my Lord Chief
Justice Bancks, repairing to Him, brought us this
Paper, in Answer of what we had said to Him; with
a Command from the King to write up the Substance
of it to your Lordship: But thinking it not fit to
take upon us to write His Majesty's Sense, lest we
should be mistaken, I have here sent you the very
Paper itself as we had it: These Lords do every one
of them protest that they never knew any thing of
this printed Paper till we shewed it to them. I acquainted your Lordships in my last Letter, that His
Majesty has laid aside the Resolution of raising that
Regiment which was Sir Robert Strickland's; but this
Afternoon we understand that it is to meet To-morrow
by Warrants from His Majesty; a Copy of One of
them send your Lordship here inclosed: I know not
what the Success of this will be, nor what the Sheriff
will do upon it; he is newly gone out of Town. My
Lord, this is what at this Time I am to acquaint you
with; who am, my Lord,
"Your Lordship's humble Servant.
Yorke, May 16, 1642.
"Edw. Howard.
"To the Right Honourable Edward Lord
Littleton, Lord Keeper of the Great
Seal of England."
By the King:
Order by the King, for a Guard for His Person.
"Whereas, upon Summons from Us, divers Gentlemen of this Our County of Yorke, did attend Us upon
Thursday the 12th of this Instant May, when We
declared Our Resolution (for the Reasons then delivered by Us) to have a Guard to secure and defend
Our Person, and desired therein the Concurrence and
Assistance of the Gentry of this County; and whereas
divers Gentlemen of this County, for many Reasons
and Occasions, could not then appear, to receive Our
Pleasure in that Behalf, whereunto divers have subscribed; We have therefore thought good hereby
to give Notice, as well to those Gentlemen who were
not then present, as to those who did then attend Us,
that Our Command is, That as well those Gentlemen
who are charged with Horse, as others, appear at
Yorke, upon Friday the 20th of this Month, in such
Manner and Equipage as will be convenient for the
Guard of Our Person. And We require and command, That, in the Interim, no other Warrants, Orders, or Commands whatsoever, shall distract or hinder
this Our Service. And We further will and command,
That this Our Order be forthwith published by the
Sheriff of this Our County; for which this shall be
sufficient Warrant.
"Given at Our Court at Yorke, the 14th Day of
May, in the 18th Year of Our Reign, 1642.
Sir Robert Strickland's Regiment of Militia, to assemble the 17th by Warrant from the King.
"We waited this Day upon His Majesty, concerning
a printed Declaration published the 14th of this Instant May, humbly to know His Majesty's Meaning
therein; at which Time He was graciously pleased to
signify unto us, that His Intention was thereby to
accept the voluntary Offers of those Gentlemen, who
had or should tender their Services unto Him for the
Guard of His Person; and out of that Number that
should appear before Him at the Time prefixed He
would choose such a competent Number as might
serve for the Safeguard of His Royal Person; likewise telling us that He had declared to those Gentlemen who did attend Him at the last Meeting, that He
no ways intended hereby to increase the Number of
the Trained Bands.
"To the Constables of Newton and Benningborough.
"By virtue of a Warrant from His Majesty to me
directed, His Will and Command is, to give Order to
all the several Petty Constables within this Division
or Hundred, to cause all the Trained Bands, Soldiers
of Sir Robert Strickland's Regiment, with their Officers and Arms, to meet at Sutton in the Forest, on
Tuesday next, the 17th of this Instant May, by Eight
a Clock in the Morning; where they shall receive
further Command and Direction by the Colonel or
Serjeant Major of the said Regiment; fail not at your
Peril.
15th of May, 1642.
"Tho. Gravener."
Thanks to be returned to the Privy Council of Scotland, for their Declaration, and good Correspondency to be preserved between the Two Kingdoms.
"The Declaration of the Lords of the Privy Council
of the Kingdom of Scotland, made the 22d of April
1642, having been perused, and seriously considered,
by the Lords and Commons of the Parliament of
England; they have, by the Consent of both Houses,
Ordered, That, in their Name, the Commissioners
for the Kingdom of Scotland be entreated to return
Thanks to that Honourable Table of the Privy
Council of Scotland, for their great Affection expressed
to His Majesty and this Kingdom, and for their wise
and sound Counsel given the King, to return to His
Parliament, being His best and most impartial Council, and to lay aside His Purpose of going into Ireland; in both which they have fully concurred with
the humble Petitions and Desires presented to His
Majesty from both Houses.
"And as they have never given His Majesty any just
Cause of Jealousy or Fear, but in all their Proceedings have aimed at His Honour, Happiness, and Safety,
without any other Design but only to preserve and
secure the true Protestant Religion, and the ancient
Liberties of this Kingdom; so will they carefully
endeavour, by all fit Means, to work in His Majesty
a right Understanding of their loyal Intentions, and
most affectionate Desires of the Common Good of
His Majesty and His Kingdoms, which can have no
lasting or sure Foundation but in a mutual Confidence
betwixt Him and His Parliament: For the better
obtaining whereof, they entreat them to continue and
renew such their good Advice to His Majesty, and to
suppress the Attempts of those who, upon causeless
Pretences and Suggestions, shall persuade them to
interpose in these unhappy Differences, in such
Manner as may weaken the Confidence or endanger
the Peace of the Two Kingdoms; and that their
Lordships will please to remember with what Caution
and Tenderness the State of Scotland hath heretofore endeavoured, that that Kingdom might receive
no Prejudice by any Proceedings of His Majesty's
Privy Council of England, the Example of whose
Wisdom therein this Parliament is willing to follow,
and will always be very careful of the Preservation
of the mutual Affection betwixt the Two Kingdoms,
according to the Treaties ratified in both Parliaments,
the Brotherly Affection which they bear to that
Nation, and the Interest they have in the Prosperity
thereof, so much conducing to the Establishment and
Security of the true Religion, and just Liberties, in
this Kingdom.
For the better improving and applying this mutual
Union and Correspondence to the settling of the present
Troubles; it is desired, by both Houses of this Parliament of England, That their Lordships will send a Catalogue of these several Declarations, Messages, Answers,
and Instructions, which they have received from His
Majesty, which concerns this Kingdom, that so they
may the better remove any Doubt or Mistake of their
Actions which may be drawn from any such Writings; and they likewise intend to send to the Council
of Scotland such Declarations, Petitions, Remonstrances,
as they shall have Occasion to make to His Majesty
and this Kingdom, whereby their Lordships may be
the more fully informed of the true Grounds of their
Proceedings, and the Amity and mutual Intelligence
betwixt the Two Kingdoms may be held in continual
Practice and Exercise, for the Good of both."
Adjourn.
Tertia post meridiem.
Post meridiem.
PRAYERS.
The Lord Privy Seal was appointed to be Speaker
this Afternoon.
L Kymbolton and the others to proceed against the Attorney General for Damages.
The Lord Privy Seal reported at this Conference,
That Mr. Attorney General having been proceeded
against in this House, and hath been sentenced for
the Criminal Part, which had Relation to the Commonwealth; the House of Commons thinks it fit, that the
Parties that were falsely accused by Mr. Attorney
General may be admitted to take a legal Way, and
to proceed against him for the Wrong done to their
Particular, to receive Damages for the said Wrong and
Scandal offered to them; which the House of Commons thought fit to acquaint this House therewith
before-hand, and desire their Lordships to join with
the House of Commons, to assign Counsel and Solicitors to the Members of both Houses, as Serjeant
Rolls, &c. whom they shall nominate.
Examinations to be printed with the Declaration.
"2. The House of Commons desired that the Examinations brought up at this Conference may be Ordered to be printed, with the great Declaration
agreed upon this Day."
Ordered, That the aforesaid Examinations shall be
printed and published.
L. Savil's Censure.
Next, the House took into Consideration the Letter
of the Lord Savill's, read this Morning, and advised
what was fit to be done for the vindicating the Privileges and Honour of this House.
And, after a Debate of the Business, this Question
was put,
1 Vote.
Whether the Lord Savill's going from the Parliament, and refusing to come when this House sent for
him, be not a great Contempt to this House, and a high
Breach of the Privilege of Parliament?
Resolved affirmatively.
Another Question was put; and Resolved,
2 Vote.
That, when the high Court of Parliament shall send
for a Delinquent, to appear before them, the King
laying His Commands upon him not to appear, this tends
to the Overthrow of the Power of Parliament and
Justice of the Kingdom.
Resolved, upon the Question,
3 Vote.
That the Lord Savill, for his High Contempt, in
refusing to come when this House sent for him, shall
not fit nor vote in this House during this Session of
Parliament.
Habeas Corpus to bring up the Messenger imprisoned at York.
Ordered, That a Writ of Habeas Corpus shall be
sent to the Sheriff, to bring the Messenger that is imprisoned at Yorke to this House.
Ordered, To have a Conference with the House of
Commons on these Votes.
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 a Breach of Privilege.
To desire a Conference, touching a high Breach of
the Privilege of Parliament.
Earl Leycester and the Lord Viscount Say are to draw
up what shall be spoken at this Conference.
Leigh and Wingfield.
The Certificate of Mr. Justice Heathe, in the Cause
between Mr. Leigh and Mr. Wingfeild
(fn. *)
To prevent the Dangers and Distractions of the Kingdom.
Ordered, That the Business which this House will
take into Consideration To-morrow be, to consider the
present Dangers and Distractions of this Kingdom, and
how to prevent them, or else to think of some Course
how to oppose them.
L. Admiral to transport Horses.
Ordered, That the Lord Admiral shall have Leave
to transport Five or Six Horses.
Ordered, That the Committee concerning Salt-petre
and Gunpowder shall meet To-morrow in the Afternoon.
Mr. Jennings and Sir Philip Vernatti.
Ordered, That the former Order of this House,
made between Mr. Jennings and Sir Phillip Vernatti,
shall stand, until Sir Phillip Vernatti shall shew Cause to
the contrary.
The Lord Vaux hath Leave to transport Four Horses.
The Earl of Leycester reported what the Lord Viscount Say and he had drawn up, for to be offered to
the House of Commons at this Conference: videlicet,
Delinquents to be brought to deserved Punishment.
"That, when Delinquents are sent for by the Parliament, we find that, through the ill Counsels that
are now about the King, they are commanded, upon
their Allegiance, not to appear; which the Lords
conceive so far to tend to the Overthrow of the
Public Justice of the Kingdom, that they desire a
Committee of both Houses may be appointed, to consider of a Course to bring such Delinquents to deserved
Punishment, in such Manner as may best agree with
Public Justice, and will be best for the Conservation
of the Peace of the Kingdom."
Adjourn.
Nona cras.