DIE Lunæ, videlicet, 8 die Novembris.
Message to the H. C. with the Ordinance authorizing the L. Lieutenant to levy Men for Ireland.
A Message was sent down to the House of Commons,
by Sir Robert Rich and Dr. Bennett:
To deliver the Ordinance of Parliament, for giving
Power to the Lord Lieutenant of Ireland to levy Men,
for the Service in Ireland; and to (fn. *) let them know, that
this House hath approved thereof.
Letter from L. Howard, about Aid for Ireland from Scotland.
Then a Letter was read, sent from the Lord Howard,
from Edinburgh, dated the 2d of November 1641, directed
to the Lord Keeper, declaring "that the King hath again
moved the Parliament of Scotland to take the Business
of Ireland into further Consideration; and, though
they will not do any Thing in (fn. *) it till they hear from the
Parliament of England, yet they have taken a Survey
of what Shipping and Boats they have to transport
Men in, and what Number of Men they are able to
send over, if Need be; and they find that they are
able to land a considerable Number of Men in the
North of Ireland, and that with more Speed and less
Charge than it can be done from any other Part of
the King's Dominions; and their Highlanders are conceived proper to fight with the Irish in their own Kind
and Country, amongst Hills and Bogs."
Men raised for the King of Spain, concealed in St. Katherine's, paid by Mr. Bourke.
The Lord Chamberlain signified to this House, "That,
according to their Lordships Order, Colonel Hunckes
had searched in St. Katheren's; and he finds that
there are about Forty Men lodged near to The Iron
Gate, which adjoins close to The Tower, and the
weakest Part of it; that they were armed with Pistols
Mr. Bourke to attend.
and Swords, and have been paid Fourteen Pence a
Day every Man, by one Mr. Bourke, a Gentleman
of Lincolne's Inn, for the Service of the King of
Spaine." His Lordship further said, "That he had
already given Order for their disarming." Hereupon
it is Ordered, That Mr. Bourke shall have Notice to
attend this House, to be examined by what Authority
he pays these Men; and the Constable of The Tower
is to take Care for the present, that The Tower be safe
guarded next them.
Sir William Killegrew against the Disturbers of his Possessions in the Fenns.
Whereas this Day the Cause was heard, between Sir
William Killegrewe and others, Plaintiffs, against Henry
Carr, John Shepheard, Anthony Love, Solomon Bartle,
David Collins, William Foxe, and Richard Stokes, Defendants; and it appearing, by many Witnesses, which
were examined upon Oath, "That the aforesaid Delinquents were served with an Order of this House,
dated the 6th of April 1641, that they should not
disturb the quiet Possession of the said Sir William
Killegrewe, which he holds in some improved Grounds
in the Fens in Lincolneshire, between Borne and Kyme
Eae, until (fn. *) the Title was determined in this House,
or in some other Court of Justice, yet, notwithstandstanding, the Parties aforesaid, after the said Order
was served upon them, they in a tumultuous Manner
did enter upon the Grounds, and cut and carried
away the Corn and the Seed, of the said Sir William
Killegrew, and spake unreverent and unbeseeming
Words of the Order of this House, saying, It was
but an Order of the Lords House, and they would
not obey it; but, if it had been an Order of the
House of Commons, they would have obeyed it."
Hereupon it is thought fit, and so Ordered, That,
for the Contempt and Disobedience committed to the
Order of this House, the aforesaid Henry Carr, John
Sheapard, Anthony Love, Solomon Bartle, David Collins, William Foxe, and Richard Stoakes, shall forthwith
be committed to the Prison of The Fleet, and shall find
Sureties for the Peace and good Behaviour; and further, that Sir William Killegrewe shall bring in a Particular into this House, what Costs and Charges he
hath been at by reason of the said Offenders, in disobeying the Orders of this House; which being considered of by this House, their Lordships will award
him such Recompence as shall be suitable to the Honour
and Justice of this House, which is to be paid him before their Enlargement; and lastly, that the aforesaid
Parties shall make public Submission and Acknowledgement for their Faults, in disobeying the Order of this
House, in the Market Town of Donnington, in the County
of Lincolne, on a Market-day, before the next Justice
of the Peace of that County.
Mr. Bourke examined.
This being done, Mr. Bourke was called in; and
the Speaker asked him, "Whether he did take up
Men, and pay them in St. Katherin's; and for whose
Service those Soldiers were, by whose Command he
took them up, and who pays them?"
He said, "It was done by virtue of an Order of
the House of Commons; and that they were levied
by Captain Moore and Mackmiller, for the Service of
the King of Spaine; and he receives Money from
the Spanish Ambassador, and pays them."
And being asked, "What Countryman he was, and
of what Religion, and by what Means he comes to
be an Agent to the Spanish Ambassador in this Service?"
He confessed, "He was an Irishman born, and a
Romish Catholick; and he was employed in this Business to advance his Fortunes, being to have a Command over a Company of Men in the Service of the
King of Spaine, against the Portingall."
Mr. Bourke was commanded to withdraw; and the
(fn. *) Lords, taking this Business into Consideration, caused
the Order of the House of Commons to be read, with
the List of Names which were authorized by them;
wherein it appeared that the Order did expressly prohibit all Persons that were His Majesty's Subjects, born
in England or Ireland, to be transported to the Service of Foreign States; and yet the greatest Part of
the List were Irish born. Concerning this, their
Lordships resolved to communicate it to the House of
Message to the H. C. for a Conference about not restraning Strangers from going beyond Sea.
Then a Message was sent to the House of Commons, by Sir Robert Rich and Dr. Bennett:
To desire a Conference, by a Committee of both
Houses, touching an Order made by their House, dated
the 26th of October last, for giving Way that Strangers
should not be restrained from going beyond the Seas.
Bourke committed to the Gentleman Usher.
Ordered, That Mr. Bourke be kept in the Custody
of the Gentleman Usher, until the Pleasure of this
House be further known.
Counsel assigned the impeached Bishops refuse to be for them.
Upon reading the Petition of the Bishops that are
impeached, shewing, "That the Counsel that was assigned them by this House refuses to be of Counsel
for them, because they, being Commoners, are involved in all the Acts and Votes of the House of Commons:" Hereupon it was Ordered, That Serjeant
Jermin, Mr. Herne, Mr. Chute, and Mr. Hales, be sent
for, to give their Answers herein.
The Messengers returned with this Answer:
Answer from the H. C.
That the House of Commons are now in a great
Debate of weighty Business; but will send their Lordships an Answer, by Messengers of their own, in convenient Time.
Ellison versus Watkins, for forging an Order of the House.
Upon Complaint made this Day, by one Richard
Ellison, a Clothier, living in Yorkeshire, One Hundred
and Forty Miles from London, "That one James Watkins
had served him to appear before the Lords in Parliament with an Order, which, the said Watkins told
him, was subscribed by the Clerk of the Parliament,
and shewed him the same, and delivered him a Copy
thereof; the said Ellison appeared accordingly, and
then understood and discovered that the Order served
upon him by the said Watkins was forged, and no
such Order made by this House, nor subscribed by
the Clerk of the Parliament:" The said Ellison having
(fn. *) declared all this to be true upon Oath, it is Ordered,
That the said James Watkins shall be sent for and apprehended, and brought before this House as a Delinquent, to answer the same.
Search in London and Westminster for Irishmen, and their Names to be returned.
Ordered, That the Justices of the Peace for
Midd. and the City of Westminster shall speedily make
diligent Search, in and about the Suburbs of London and
Westm. and in the several Jurisdictions, what Irish are
residing, and cause their Names to be taken, and return them into this House; and further, that they
cause strong and good Guards to be set upon such as
they find to be dangerous and suspected Persons, until
the Pleasure of this House be further known.
Directed "To Ed. Roberts, Jo.
"Hooker, and Tho. Shepheard,
Justices of the Peace for
Inns of Court, Recusants.
Ordered, by the Lords in Parliament, That the
Treasurers, Readers, and Benchers, of the Society of
the Four Inns of Courts, shall make, or cause to be
made, diligent Search and Examination, whether there
be any Recusants, of any Nation whatsoever, admitted
into their several Houses, or into the Inns of Chancery
belonging thereunto, or live within the same Houses;
and if, upon Search, any such shall be found, that they
be forthwith dismissed and expelled out of the said
Houses; and it is further Ordered, That no Romish
Recusant shall hereafter be admitted into any the said
Inns of Court, or Inns of Chancery, upon any Pretences
"To the Treasurers, Readers, and Benchers of the Society of The Inner Temple.
||"To the Treasurers, Readers, and Benchers of The Middle Temple.|
|"To the Treasurers, Readers, and Benchers of Grayes Inn.
||"To the Treasurers, Readers, and Benchers of Lyncolne's Inns."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis,
videlicet, 9m diem instantis Novembris, hora 9a Aurora,
Dominis sic decernentibus.