House of Lords Journal Volume 4
6 November 1641

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1767-1830

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'House of Lords Journal Volume 4: 6 November 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 424-427. URL: http://british-history.ac.uk/report.aspx?compid=35708 Date accessed: 30 September 2014.


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Contents

DIE Sabbati, videlicet, 6 die Novembris.
Ordinance to authorize the Lord Lieutenant to levy Men for Ireland. Order for providing Ships to transport Men and Money, etc. to Ireland. Letters from Ireland. Message from the H. C. to desire that the Night Watch may be discharged. Order for it. Captain Trist versus Moore and Mackmiller, for Threats against the Lord General, etc. Moore and Mackmiller committed to Newgate. Message from the H. C. for a Conference about the Safety of the Kingdom. Answer. Sir William Killigrew's Cause. House to be called, and Conference reported, P. M. Adjourn. Post meridiem. Information of Irish Soldiers privately levied for the King of Spain. Lords Leave to be absent. Information of concealed Troops for the King of Spain. Warrant to search for them. Landguard Fort in a weak Condition; and Plymouth Fort. The House called. Report of the Conference about the Safety of this Kingdom. Propositions of the Commons. For dissolving the Capuchins. Ambassadors to deliver up English Priests. List to be brought in of the Queen's Priests and the Royal Family's Servants. To issue a Proclamation for Strangers, not Protestants, Names to be delivered in. Papers concerning the Design against the Marquis of Hamilton, etc. Paper exhibited by the English Committee about disbanding the Garrisons of Berwick and Carlile. Answer to it. Putting the Isle of Wight into other Hands. Securing Papists. That the E. of Essex may command the Trained Bands. citra Trent. Answer to these Propositions of the H. C. Declaration sent to Ireland, and the Resolution of both Houses about the Irish Affairs to be sent to the King. Adjourn. Footnotes

DIE Sabbati, videlicet, 6 die Novembris.

PRAYERS.

An Ordinance of Parliament, to give Power to the Lord Lieutenant of Ireland to give Commissions, etc. to raise Men for Ireland, was read, and approved of by both Houses of Parliament. The Contents whereof follow: videlicet,

Ordinance to authorize the Lord Lieutenant to levy Men for Ireland.

"The Lords and Commons in Parliament, being very sensible of the great Danger and Combustion in Ireland, by reason of the Multitudes of Rebels now in Arms, for the Destruction of His Majesty's loyal Subjects there, and the Withdrawing that Kingdom from the Allegiance of His Majesty and the Crown of England: Forasmuch as, in this Time of His Majesty's Absence, His Royal Commission cannot be so soon obtained as the Necessity of that Kingdom doth require, and for more speedy opposing the wicked and traiterous Attempts of Rebels there; and for that His Majesty hath specially recommended the Care of the Preservation of that Kingdom unto both the Houses of Parliament; do hereby Ordain and Authorize Robert Earl of Leicester, Lord Lieutenant of Ireland, by Warrant under his Hand and Seal, to give One or more Commission to such Captains, Commanders, or other Officers, as to his Lordship shall seem expedient, for the levying of Three Thousand Five Hundred Foot, and Six Hundred Horse, by the beating of the Drum, of such Persons as shall voluntarily undertake the same Service by accepting of Prest Money, which Persons are to be raised in such several Parts of the Kingdom as shall be most convenient for their Passage into these Parts of Ireland, which his Lordship shall think most necessary to be forthwith supplied: And for the furnishing of the same Men, as also of other His Majesty's Subjects in that Kingdom, we have Ordained, That the Earl of Newport, Master of His Majesty's Ordnance, shall deliver a Number of Arms, Munition, and Powder answerable, unto the said Lord Lieutenant of Ireland; to be disposed as he shall think fit for the best Defence of that Kingdom: And for the levying of the said Number of Men, this Ordinance of Parliament shall be his sufficient Warrant.

"Forasmuch as it is held most expedient and necessary, for the Safety of His Majesty's Kingdom of Ireland, and His loyal Subjects there, that such Numbers of Soldiers, both Horse and Foot, as are forthwith to be raised for the Defence of that Kingdom, should be supplied with Arms and other Munition, which, by reason of His Majesty's Absence out of the Kingdom, cannot be done by His Majesty's immediate Warrant so speedily as the imminent Danger and Necessity of that Kingdom doth require; and for that His Majesty hath especially recommended the Care of the Preservation of that Kingdom unto both the Houses of Parliament; it is Ordained by the Lords and Commons in Parliament, That Montjoy Earl of Newport, Master of His Majesty's Ordnance, shall deliver to the Earl of Leicester, Lord Lieutenant of Ireland, or to such other Person or Persons as he shall appoint to receive the same, the full Number of One Thousand Arms for Horses, as also the Number of Eight Thousand Arms for Foot, and the Quantity of Ten Last of Powder, and such other Munition, Tents, and Provisions of all Sorts, as shall be needful for this Service, according to a List to be agreed upon and allowed by the said Lords and Commons, hereunto annexed, out of His Majesty's Stores and Magazines in The Tower of London, the City of Carlile, the Town of Hull, or elsewhere: And for his so doing this shall be a sufficient Warrant, as well for his Lordship as for any of his Deputies or Under Officers in that Behalf."

Order for providing Ships to transport Men and Money, etc. to Ireland.

"Whereas, by Order of Parliament, Men, Arms, Munition, and other Provisions, are suddenly to be transported from several Ports in this Realm, videlicet, Bristoll, Chester, and others, for which Service it will be requisite that Ships be provided with all Expedition; it is this Day Ordered, by the Lords and Commons in Parliament, That the Lord High Admiral of England be desired to take Care, that Ships be accordingly provided, in the several Ports respectively within this Kingdom, from whence the aforesaid Men, Arms, Ammunition, and other Provisions, are ordered to be transported into Ireland, which is to be done with all Expedition, the Parliament having resolved to see Monies supplied for the Performance of this Service."

This Order, and the aforesaid Ordinances, were assented unto by this House.

Letters from Ireland.

Next was read a Letter, sent from Ireland to the Lord Lieutenant, from Sir Jo. Temple, dated the 2d of November 1641, declaring the State which Ireland is now in, by Reason of the Rebellion there, desiring Men, Arms, and Money, with all Speed.

Ordered, That the further Consideration of this be referred to the Committees for the Irish Affairs.

A Message was brought from the House of Commons, by Mr. William Stroude:

Message from the H. C. to desire that the Night Watch may be discharged.

To let their Lordships (fn. *) know, That they find some Inconveniency by the Trained Bands, which do watch a Nights about the Parliament Houses; and they think it fit (if their Lordships so please) that they be discharged from their Night Watches.

Order for it.

Hereupon it is Ordered, That the Lord Chamberlain, Captain General of the South, do discharge the Trained Bands from their Night Watchings.

Captain Trist versus Moore and Mackmiller, for Threats against the Lord General, etc.

Armond Moore and Richard Mackmiller were brought to the Bar; and the Petition of James Trist, Captain in His Majesty's late Guards in the North of a Hundred Cuirassiers, was read; shewing, "That, about Eight Days before the disbanding His Majesty's Army, one Armond Moore and Richard Mackmiller, Two Troopers under his Command, hearing there was Order come from the Lord General, that each Trooper was to pay Six Pounds a-piece for their Horse (in Consideration they were not Half the Time of other Troopers in Service); upon which the said Moore and Mackmiller, about Ten of the Clock at Night, on a Sunday, coming from Yorke, repaired unto the Petitioner's Lodging; and, in an uncivil and rude Manner, demanded of him who should grant such an Order, or Command, for the Payment of such Six Pounds for their Horses. The Petitioner replied, My Lord General. At which Answer the said Moore and Mackmiller, in an unreverent Manner, reviled and disgracefully gave forth that my Lord General, Sir John Conyers, and the Petitioner, would be Sharers of it. And the Petitioner, to give them Satisfaction, replied, Neither of them were to reap Benefit by it. Whereupon they further said, Well, well, we know otherwise; but, ere long, we shall be disbanded; and then our Swords shall cut as well as my Lord General's, Sir John Conyers, or yours, and we will then meet one another, and be as good as my Lord General, or any of you.

"That, after the disbanding of the said Troops, the Petitioner being returned to London, the said Moore repaired unto your Petitioner's Lodging, and gave him to understand that Mackmiller sent him a Challenge, to meet him in the Fields, to fight; and the Petitioner, intending in a fair Way to have gone and spoken with him, to know his Grievances, was advised by a Friend, as he was going, not to repair unto him; for, if he did, he would be in Danger of his Life; for he heard that Half a Dozen or more of Irishmen had conspired, together with the said Mackmiller, to mischief the Petitioner: And in Three or Four Days after, the Petitioner riding along the Street, the said Mackmiller offered to assault him behind unawares with a Stick; which Blow coming, the Petitioner's Horse espied, whereby he missed his Opportunity (the Horse glancing aside); and thereupon divers other Soldiers and the said Mackmiller drew their Swords against the Petitioner, to have mischieved him, had he not warily, on his Guard, prevented them; and the said Mackmiller did then give forth, that, if he met my Lord General and Sir John Conyers, he would offer or do the like to either of them; and willed the Petitioner to go and make his Complaint, and acquaint him with as much; and threatened to kill the Petitioner whensoever he should meet with him."

This Petition being justified upon Oath to be true by the said James Trist, the said Moore and Mackmiller were commanded to give their Answers herein; and Mackmiller confessed he struck the said James Trist, and sent him a Challenge by the said Moore; and Moore confessed he carried a Challenge to Trist from the said Mackmiller; but they denied the rest of the Charge.

Moore and Mackmiller committed to Newgate.

Hereupon it is Ordered, That the said Moore and Mackmiller, for the Offences which they have now confessed themselves to be guilty of, concerning this Business, shall be forthwith committed to Newgate, there to remain until the further Pleasure of this House be known; and that no Soldiers nor any of their Companions shall be permitted to come unto them, or speak with them; and the rest of the Offences mentioned in the Petition, which they have committed, this House will take them into further Consideration hereafter.

Message from the H. C. for a Conference about the Safety of the Kingdom.

A Message was brought from the House of Commons, by Mr. Hotham:

To desire a present Conference, by a Committee of both Houses (if it may stand with the Conveniency of this House), touching the Safety of this Kingdom.

The Answer returned was:

Answer.

That their Lordships will give a present Meeting, as is desired, in the Painted Chamber.

The Lord Keeper appointed to report the Conference.

Sir William Killigrew's Cause.

Ordered, That Sir William Killegrewe's Business be heard on Monday Morning next.

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

House to be called, and Conference reported, P. M.

Ordered, That this House be adjourned to Three a Clock this Afternoon; and then this House to be called, and the Report of this Conference to be made.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Information of Irish Soldiers privately levied for the King of Spain.

Information was given this Day to this House, "That Moore and Mackmiller, Two Irish Captains, have raised and entertained divers Irish Soldiers for the Service of the King of Spaine, who are kept privately in a House at St. Katherin's, near The Tower, and are paid Fourteen Pence a Day every Man."

Colonel Hunkes was called in, to give Information hereof; who said, he had the Relation of this from one who was his Corporal, who told (fn. *) it to him but Two Hours since. Colonel Hunckes had Thanks given him from this House for his (fn. †) timely Advertisement hereof, and was willed to give the Corporal Notice to attend this House about this Business.

Lords Leave to be absent.

The Lord Viscount Conway was excused for being absent.

The Lord Capell had Leave to be absent for Two Days.

Information of concealed Troops for the King of Spain.

Then the Corporal was brought in, and, upon his Oath, averred the Information to be true which was given to this House by Colonel Hunckes.

Warrant to search for them.

Hereupon it is Ordered, That Colonel Hunckes shall have a Warrant from this House, to go and search in St. Katherine for these Men, and shall bring before the Lords so many as he shall think fit; and that the rest be secured until the Pleasure of this House be further known; and that all Justices of the Peace, and other His Majesty's Officers, shall be assisting herein, if Occasion.

Landguard Fort in a weak Condition;

The Earl of Holland signified to this House, "That, by His Majesty's Favour, he hath the Command of a Fort near Harwich, called Langor Point, which is of so great Consequence, that, if it should miscarry and be surprized into the Hand of an Enemy, would be a great Weakening to that Part of this Kingdom; therefore his Lordship thought, for the Discharge of his Duty, to let this House know, that it is very much decayed, for Want of repairing; and, unless some speedy Course be taken, will be utterly ruined."

and Plymouth Fort.

Likewise the Lord Admiral informed this House, of the great Decay of Plimouth Fort, and other Places of Strength in the Kingdom; and desired this House to take them into Consideration.

Hereupon this House Resolved, To consider further of these Things on Monday Morning next.

The House called.

After this, the House was called; and these Lords were absent: videlicet,

The Lord Goringe.
Episcopus Rochester. Excused.
Comes Newport.
Comes Monmouth.
Comes Denbigh.
Comes Dorsett. Excused.
Comes Cumberland.
Lord Marquis of Hertford. Excused.

Then the Lord Keeper reported the Conference with the House of Commons this Morning, to this Effect:

Report of the Conference about the Safety of this Kingdom. Propositions of the Commons.

"That the House of Commons have presented to their Lordships some Propositions, which have been voted by their House; and desire their Lordships to take them into Consideration, and join with them therein:

For dissolving the Capuchins.

"1. Concerning the dissolving of the House of the Capuchins, and the speedy sending of them away, according to the former Desires of this House.

Ambassadors to deliver up English Priests.

"2. That the Ambassadors may be sent to from both Houses, to deliver up such Priests of the King's Subjects as are in their Houses.

List to be brought in of the Queen's Priests and the Royal Family's Servants.

"3. That a List may be brought in of the Queen's Priests, and other Her Servants; and that a List may be likewise brought in of the Prince's and other of the King's Childrens Servants.

To issue a Proclamation for Strangers, not Protestants, Names to be delivered in.

"4. That a Proclamation may be issued forth, commanding, That all Strangers that are not of the Protestant Religion (except such as are Men of Rank and Quality, and live here in such a public Way whereby sufficient Notice is taken of them, and of the Cause of their Abode in this Kingdom) do deliver in Tickets of their Names, and an Account of their Stay here, within Two Days after the issuing forth of the Proclamation, or else depart the Kingdom forthwith; and likewise requiring that all Innkeepers, or others that entertain Lodgers, do give in Tickets of the Names of such as lodge in (fn. *) their Houses, within Two Days likewise after the issuing of the said Proclamation; and that these Tickets be given by those in the City of London to the Lord Mayor and Aldermen of the Wards respectively, where they reside; and by those of Middlesex and Surrey, and other Places within Ten Miles, to the Justices of the Peace next adjoining to the Place of their Residence; and this Order to extend to the City of London and Ten Miles about.

Papers concerning the Design against the Marquis of Hamilton, etc.

"That the House of Commons had presented their Lordships with some Scottish Papers, being Examinations concerning the late Design against the Lord Marquis Hamilton, Earl of Argyle, and the Earl of Lannericke; likewise they produced [ (fn. †) a Letter] written from their Committees at Edinborough, dated the 27th of October, with an inclosed Paper, containing as follow eth: videlicet,

Paper exhibited by the English Committee about disbanding the Garrisons of Berwick and Carlile.

"The Paper of the 5th of October, exhibited by the English Committee, October 7th, 1641.

"The Committees of the Parliament of England have now sent down sufficient Monies for the total disbanding of the Garrisons of Barwicke and Carlile, and have Ordered that it shall be effected by the 10th of this present Month; and have likewise taken a Course for removing the Ammunition and Ordnance, and for slighting of the Works, according to the Treaty; we desire, therefore, that that Part of our Army, which is yet on Foot, may be forthwith disbanded; and that what new Fortifications have been made in Scotland, by Occasion of the late Troubles, may be presently demolished, according to the same Treaty.

Answer to it.

"The Answer to the Paper delivered in by the English Committees to the Committee of the Army, exhibited 7 Octobris 1641.

"That the Regiments which are yet on Foot may be speedily disbanded (according to the Order already given), they are drawn near towards Edingburgh, to the Effect they may with the greater Convenience be mustered, and therefore Money may be given for their Pay, and forthwith disbanded. And any new Fortifications which have been made in Scotland, by Occasion of the late Troubles, shall presently be demolished.

"That every Condition on our Part may to your full Satisfaction be performed, according to the Treaty, as we do no wise doubt to find mutual Performances; and that the Garrisons of Barwicke and Carlile, according to the Orders of the Parliament, be totally disbanded; which being shewn to the Parliament of England, we hope, will give them Satisfaction.

22 October 1641.

"Produced by the Lord Chancellor, and read in Audience of His Majesty and the Parliament, who nominates the Lord Burgley, in Place of the Earl of Argyle, to be upon the Committee for providing Money to pay the Regiments; and also Ordains an Order to be given to the Lord General, for causing demolish the Fortifications at Mordington; which was accordingly done.

"Alex. Gibsone.

Putting the Isle of Wight into other Hands. Securing Papists. That the E. of Essex may command the Trained Bands. citra Trent.

"6. Concerning the putting the Custody of the Isle of Wight into another Hand, as formerly was desired.

"7. Concerning the securing the Persons of Papists upon the former Propositions.

"8. That the Earl of Essex may have Power from both Houses to command the Trained Bands on this Side Trent, upon all Occasions, for the Defence of the Kingdom; and that this Power may continue till the Parliament shall take further Order."

This Report being (fn. *) made, the House caused the Particulars to be distinctly read again, and gave these Resolutions as followeth:

Answer to these Propositions of the H. C.

"Resolved, upon the Question, nemine contradicente,

"1. That the House or Convent of Capuchins here in England shall be dissolved.

"Concerning the sending the Capuchins out of this Kingdom, this House will suspend giving any Resolution therein, until a List of the Queen's Priests and Servants is brought in.

"Resolved, upon the Question,

"2. That the Ambassadors be desired from the Parliament to dismiss out of their Houses such Priests as are the King's native-born Subjects; and, in Case they shall be hereafter found abroad, they shall not have any Protection, but be proceeded in according to the Laws of this Kingdom.

"Resolved, upon the Question,

"3. That the Lord Chamberlain to the Queen shall bring in a List of the Queen's Priests and Servants; and the Lord Chamberlain of His Majesty's Household shall bring in a List of the Names of the Servants belonging to the King, Prince, and the rest of the King's Children.

"4. To the Fourth, it is Ordered, That this House agrees to this Resolution; but do defer the Manner of issuing out the Proclamation until the Commission given to the Lords of the Council for issuing out Proclamations be perused.

"6. Concerning the sequestering of the Isle of Wight into another Hand, this House thought fit to return this Answer to the House of Commons: That, in regard they have offered no Reasons for the same, their Lordships know not how to give an Answer; but, when they shall shew their Lordships Reasons for so doing, they will take the Business into Consideration.

"7. Concerning the securing the Persons of Recusants, it is Ordered, That this Business shall be debated on Monday Morning next.

"8. Concerning the Eighth Proposition, touching the Earl of Essex to have Power over the Trained Bands; this House defers their Resolutions concerning this Business until the Commission of the Earl of Essex, for Captain General of the South, be brought into this House and perused, which is to be done on Monday next."

Declaration sent to Ireland, and the Resolution of both Houses about the Irish Affairs to be sent to the King.

Ordered, That the Lord Keeper shall send the Copy of the Declaration sent to Ireland, and the Resolutions of both Houses concerning the Irish Affairs, to the King.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 8m diem instantis Novembris, hora 9a Aurora, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.
Origin. time.
* Origin. the.
Deest in Originali.
* Deest in Originali.