House of Lords Journal Volume 5
23 December 1642

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1767-1830

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'House of Lords Journal Volume 5: 23 December 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 512-514. URL: http://british-history.ac.uk/report.aspx?compid=34984 Date accessed: 20 April 2014. Add to my bookshelf


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DIE Veneris, videlicet, 23 die Decembris.

PRAYERS.

Earl of Manchester, Speaker this Day.

Answer from the H. C. about Lord Dumferling's Pass.

The Messengers sent Yesterday to the House of Commons return this Answer:

That they agree with their Lordships to grant a Pass for the Lord Dumfermling, to go to Oxford, to the King, and from thence to go into Scotland, without any Interruption.

Letter from the E. of Leicester, that the King has ordered him to attend Him before he goes to Ireland.

A Letter was read, written from the Earl of Leycester, Lord Lieutenant of Ireland, to the Earl of Northumb. (fn. *) signifying, "That he hath received a Command from the King, to attend Him at Oxford before he took his Journey into Ireland, to speak with him about the Affairs of that Kingdom."

Ordered, To be communicated to the House of Commons, at a Conference.

Hicks, Mr. Prideaux's Servant, attached about the Inland Post-office, released by the H. C. and ordered again into Custody by the Lords.

Complaint was made, "That whereas, by Warrant of this House, one Hickes was to be attached, as a Delinquent, for not obeying the Orders of this House concerning the Letter-office; and being attached, and in the Custody of the Officer of this House; upon a Pretence that this Hickes is a Servant of one Mr. Prideaux, a Member of the House of Commons, he hath been released, and taken away, by Order of the House of Commons:" Therefore it was Ordered, To have a Conference with the House of Commons; and to acquaint them with the Affidavits, upon which this Person was attached, and to acquaint them with the whole Business; and it is Ordered, That the said Hickes shall be taken again into Custody, by the Order of this House.

Michell and Osbaston.

Ordered, That Mr. Michell, who was Ordered to be bailed Yesterday, shall continue in Custody, till he hath performed the Orders of this House.

Lady Byron and Family, a Pass to her Husband at Oxford.

Ordered, That the Lady Byron, with her Children, and some Wearing Apparel for them and herself, may have a Pass, to go to Oxford, to her Husband; and that Mr. Alcocke, and Three Men Servants, and a Waiting-woman and Chamber-maid, to go with her.

Message to the H. C. for a Conference about the Lord Lieutenant of Ireland, and the Inland Post-office.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a Conference, touching a Letter received from the Lord Lieutenant of Ireland, and concerning the Inland Letter-office.

Committee for the Assessment.

Ordered, That the Committee, for assessing of Persons, that have not contributed to the Supply of the Army, &c. shall meet To-morrow in the Afternoon, at Two of the Clock, at Haberdashers Hall.

Lady Mary Carr versus King.

Upon reading the Petition of the Lady Mary Carr; shewing, "That whereas, by Order of this House, one Ric'd Kinge was ordered to be sent for, for disobeying an Order of this House, for paying Rents to her, for her Maintenance;" Ordered, That the said Kinge shall be taken into Custody, and brought before this House, to answer his said Contempt.

Lord Newburgh's Petition.

Upon reading the Petition of the Lord Newburgh; it is Ordered, To be referred to the Consideration of the Earls of

Pembrooke.
Warwicke.
Clare.
Holland.
L. Howard.
L. Lovelace.

Who are to report the same to this House.

No Muskets, &c. to be fired in the Street.

"Ordered, by the Lords in Parliament, That the Lord Mayor of the City of London shall give a streight Charge and Command, That no Musket, Caliver; Pistol, or any other Guns, shall be shot off by Day or Night, because it must be understood to be an Alarm, and much Mischief hath been done by this frequent and disorderly Discharging their Muskets, and Murder may be done under Colour of this: Therefore, if any Person shall disobey this Order, it is expected he shall be severely punished."

The like Order is to be sent to the Lords Lieutenants of Midd. and Surrey; and the Order to be printed and published.

Order for suppressing false and scandalous Pamphlets.

Upon Complaint this Day to the House, "That there is a false and a feigned Pamphlet printed and published, intituled, Another happy Victory obtained by his Excellency the Earl of Essex; and also Complaint of the great Number of scandalous Books and Pamphlets which are frequently printed and published:"

It is Ordered, That Mr. George Longe, Mr. George Garrett, Mr. John Hooker, Mr. Jo. Herne, and Mr. Rob't Dixon; Justices of the Peace, or any One of them, shall hereby have Authority to examine, who is the Author, Printer, and Publisher, of the aforesaid Book; and also to enquire for the Printers and Contrivers of any other scandalous Pamphlets, which now are, or hereafter shall be, printed, and come to their Knowledge, as they shall think fit; and to have Power to send for any Persons, as they shall think fit, to give them Information concerning this Business; and to report the same to this House.

The Answer returned was, by the Messengers as went to the House of Commons, "That the House of Commons will send an Answer, by Messengers of their own, concerning a Conference."

Earl of Leicester Lord Lieutenant of Ireland's Letter, that the King has ordered him to attend Him at Oxford.

"The Earl of Leycester's Letter to the Earl of Northumberland.

"My Lord,

"Whilst I have been stayed here by the Expectation of a Ship to transport me into Ireland, and especially by my Sickness, it hath pleased the King to send a Letter to me, signed with His Majesty's own Hand, and dated the 29th November, but I received it not till Thursday the 8th of this Month, wherein His Majesty is pleased to signify, That He had thought good to advise with me, before my Departure, upon some Affairs much importing his Service; and therefore His Pleasure was, that I should repair unto Him in Person; and that His Majesty would then communicate to me the Business for which He sent for me. I assure your Lordship this Commandment was very little looked for by me; and, though I knew that His Majesty's Wisdom did never suffer Him to do any Thing hastily or suddenly, though it were but of ordinary Consequence, yet my Desire to go to do that which I thought my Charge in Ireland represented to my Imagination a Possibility that, upon Second Considerations, it might please His Majesty to recall that Commandment, and to give me Leave to continue my Journey into Ireland. I therefore took the Boldness to write unto the King, and I wrote also to some of His Ministers, desiring to know His Majesty's further Pleasure. These Letters I sent, by a Servant of my own, upon the Saturday after His Majesty's Commandment came unto me. My Messenger returned on Saturday last, the 17th of this Month, and brought me a Second Signinification of the King's Pleasure, confirming the former, that I should attend Him, because His Majesty would speak with me before my going into Ireland; but His Majesty did me the Honour to give me this Liberty, that I should not need to hasten sooner than my Health would permit; of which gracious Consideration of my Indisposition and imperfect Health I shall make no other Use, than just so far only as Necessity will inforce me; for as soon (which I hope will be the next Week) as I can recover Strength enough to make such a Journey on Horseback in this Winter Season, I intend, God willing, to go towards Oxford, where I hear the Court now is. This I shall do in Obedience to the King's Commandment, and I think myself obliged to give Notice thereof to the Two Houses of Parliament; and I beseech your Lordship to do it for me in such a Manner as shall be most agreeable to your Judgement and Conveniency, that they may know what is become not only of one that hath the Honour to be a Member of the House of Peers, but of him who hath been designed to to be Governor of Ireland, of which Kingdom they have taken so much Care; and that I may not be thought to be gone, or that I slink unnecessarily out of my Employment, or withdraw myself from it voluntarily; but that I only submit myself to those powerful Causes, which I doubt not will be to every body a Warrant and Justification of what I do, because to me they are unresistible and unalterable: And since it is not likely that I shall return this Way upon the same Occasion that brought me hither, I am now dismissing the greater Part of that Train, which at my very great Charges I have long maintained here, in Expectation of my going into Ireland, reserving only a few necessary Servants, to conduct to my own House some peaceable and innocent Goods that I have here.

"Lastly, I beseech this Favour of your Lordship, that you will be pleased to acquaint the Commissioners or Committee for the Affairs of Ireland, and whom else you please, that whereas, for my necessary Subsistance, I did not long since present an humble Request to the said Commissioners, that I might be allowed my Entertainment of Ten Pounds a Day (long before Ordered), from such a Day of the last Summer when I went from London, and thought I had gone towards Ireland (as I did now lately also when I came hither), in Consideration of my great Expences from that Day, and indeed long before, in keeping a far greater Proportion of Men and Horses than my private Condition would have required, to the great Detriment of my Estate and Family; truly, my Lord, as Things have happened, I think now I ought not to press it, in regard that I have only perambulated a good Part of this Kingdom, expencefully it is true to myself, but neither profitably nor serviceable to the King and State; and from thence I may very well conceive that the Grant of that Entertainment from the Time aforesaid will seem as unreasonable to the Two Houses of Parliament, as the Want of it hath been inconvenient to myself: Therefore, desisting from any further Importunity in this Matter, I humbly refer myself to them. I hope they shall see me deserve it better. To God's Protection I recommend your Lordship; and to yourself I present the sincere Profession of my being,

Chester, 20th December, 1642.

"Your Lordship's humble and
faithful Servant,

"Leycester."

Lord Newburgh's Petition, about recalling the Commission of Oyer and Terminer in the County Palatine of Lancaster, and the Commission of Array; and about discharging the Earl of Derby and others out of the Commission of the Peace.

"To the Right Honourable the Lords now assembled in the High Court of Parliament.

"The humble Petition of Edward Lord Newburgh, Chancellor of His Majesty's Dutchy of Lancaster;

"Sheweth,

"That, upon the 12th of this Instant Month, your Lordships Petitioner received, by the Hands of a Messenger, an Order of both Houses of Parliament of the 17th of November last (the Copy whereof is here annexed), sent unto him from a Member of the House of Commons, whereby he is required forthwith to recall the Commission of Oyer and Terminer now in Force in the County Palatine of Lancaster, and the Commission of Array for the same County, if it have passed the Dutchy or County Palatine Seal; and also immediately to discharge the now Earl of Darby and divers others (therein named) from being of the Commission of the Peace of that County, and to give an Account of his Observance thereof.

"He most humbly beseecheth your Lordships to take Consideration of the Particulars following:

"1. That the County Palatine Seal is not in the Petitioner's Custody; but is, and hath ever been, in the Custody, Government, and Charge, of a Vice Chancellor there resident (a Chancery being, by Act of Parliament 1° H. IV, Ordained to be kept within the said County); and that all (fn. *) Commissions likewise are there in his or in the Clerk of the Crown's Charge, Custody, and Care.

"2. That the Petitioner neither had Hand, Direction, or Employment, in the Commission of Oyer and Terminer in the Order mentioned, nor in the present Commission of the Peace; but they issued out by His Majesty's immediate Warrants to the Vice Chancellor.

"3. That neither the Petitioner nor the Vice Chancellor hath any Power at all, in the Commission of Oyer and Terminer in the Order mentioned; but in those Commissions only, which issue out Yearly of Course for Gaol Delivery and the Assizes, after that His Majesty hath appointed His Justiciaries.

"4. That the Commission of Array is (as the Petitioner conceiveth) a Military Power, above the Jurisdiction and Capacity of the Dutchy of Lancaster (whose Dukes were but Subjects); and he doth not know that His Majesty hath made any Use of the County Palatine Seal for it; but thinketh it to be passed under the Great Seal, and not to be any Way within the Reach of his Power and Authority.

"5. That, for the Commission of the Peace in that County, there was lately an Order directed from both Houses, for some Alterations to be made in it, which was by your Lordships Command sent down to the Vice Chancellor, and executed accordingly; but His Majesty hath since, by His immediate Warrant to the Vice Chancellor, commanded him to renew and continue the former Commission; which being so, and the Statute of 27 H. VIII. Cap. 24°. ordaining that no Justices of the Peace shall be made but by Authority of His Majesty, and at His Will and Pleasure, the Petitioner doth humbly present to your Lordships his Apprehension, that, both in that respect, and for that also the Government of the Seal is delegated under the Obligation and Engagement of an Oath to His Majesty, that neither he, nor the Vice Chancellor by Warrant from him, may now do any Thing in the Alteration of this Commission, as both wanting (as he conceiveth) just Power, and thereby incurring the Danger of Breach of his Oath, and Forfeiture of his Office.

"In all which the Petitioner most humbly referreth himself to the great Wisdom and Justice of this High Court."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Origin. signified.
* Origin. Commissioners.