DIE Jovis, videlicet, 24 die Martii.
The Lord Keeper was appointed to be
Speaker this Day.
Archbishop of Cant. to present Mr. Smith to St. Leonard's.
Upon reading the Petition of the Archbishop of Canterbury; it is Ordered, That he shall confer forthwith
the Presentation of St. Leonard's, Foster Lane, upon
George Smith, Clerk, according to former Orders of this
Petition of the impeached Judges.
Counsel assigned them.
Upon reading the Petition of the Judges impeached
by the House of Commons; it is Ordered, That the
said Judges shall have Liberty to make their several
Answers and Defences, by their Counsel, on Thursday
the 31st of this Instant March, to the several Impeachments brought up against them by the House of Commons; and it is further Ordered, That Mr. Herne,
Mr. Chute, Mr. Fountaine, Mr. Adams, the Prince's Attorney, Serjeant Pheasant, Serjeant Bacon, and Serjeant
Roules, are hereby assigned them for Counsel.
Next, was read the Answer of the Lord Marquis of
Marquis of Hertford's Answer concerning his Commission of Lieutenancy.
"He says, he should be very glad to obey this House,
and serve the Commonwealth in what he may: but
desires, at this Time, to be excused for accepting of
the Lieutenancy of the County of Som'sett, for this
Reason, That he was not at the Debate of the Militia, and therefore is utterly ignorant of what hath
passed in it; neither doth he yet know that the King
hath given His Consent to it, without which, he hopes,
your Lordships will not impose it upon him.
"For the Return of the Commission of Lieutenancy
and Commission of Array for the County of Som'settshire, it was in joint Commission with the Lord Phillip
Herbert, and his Lordship conceives it is in his Hands,
because he never made Use of it, neither doth he
know that he hath any; but, if he shall find any such,
he will deliver it to their Lordships."
E. Bridgewater's Answer concerning his Commission of Lieutenancy.
The Earl of Bridgewater returns this Answer, "That
he knows not whether his Commission of Lieutenancy
be at Ludlow, or at his Country House; but he will
send for it with all convenient Speed, for he doth
willingly submit unto their Lordships Order."
Ld. Strange accepted not of the Lieutenancy of Chester.
The Lord Strange desired their Lordships to excuse
him for not accepting his Lieutenancy of the County of
Chester; of which Refusal this House accepted of.
Ld. Wharton accepted of the Lieutenancy of Lancaster.
(fn. *) The Lord Wharton accepted of the Lieutenancy for
the County of Lancaster; and said, "he would deliver
the Names of Deputy Lieutenants to the House of
Commons within a few Days."
These Answers communicated to the H. C.
Ordered, That the aforesaid Answers of the Lord
Marquis of Hertford, the Earl of Bridgwater, and the
Lord Strange, be communicated to the House of Commons, which were accordingly sent down, by Message by
Sir Robert Rich and Mr. Page.
The King's Answer concerning Earl Warwick's being Commander in chief at Sea under the Ld. Admiral.
The Lord Admiral reported to the House the King's
Answer, concerning the Earl of Warwicke to be employed by the Lord Admiral, to be chief Commander in
this Summer's Fleet: videlicet,
"That His Majesty sees no Reason, why He should
give Way to the Alteration of him, who was first made
Choice of by the Lord Admiral for that Charge, and
approved of by His Majesty; and therefore His Majesty cannot, in Honour or Justice, approve of any
other for that Charge than Sir John Pennington, of
whose Ability and Integrity His Majesty hath had so
long and good Experience."
Ordered, That the Letter sent to the Lord Admiral
from the King, concerning the Earl of Warwicke, shall
be communicated to the House of Commons, with an Expression of a Desire that both Houses of Parliament may
join in an humble Petition to His Majesty, that the Earl
of Warwicke may command in chief in this Summer's
Fleet; and to present what Reasons shall be thought fit
for the said Desire.
Commission for the Royal Assent to the Bill for 400,000l.
After this, the Lord Keeper signified to this House,
That the Commission is returned, signed by the King,
for giving the Royal Assent to the Bill for raising
Four Hundred Thousand Pounds."
Likewise his Lordship acquainted the House, "That
he had received Two Letters from His Majesty;"
which Letters were commanded by the House to be
opened, and read, as followeth:
"To our Right Trusty and Well-beloved
Counsellor, Edward Lord Littleton, Lord
Keeper of Our Great Seal of England.
"Right Trusty and Well-beloved Counsellor, We
greet you well. Our Will and Command is, That, at the
next Sitting of Our House of Peers, after your Receipt
hereof, you deliver Our Declaration inclosed, in
Answer to that presented to Us at Newmarket the 9th
of this present, to be read in Our said House, and
afterwards communicated to Our House of Commons. For which this shall be your Warrant.
"Given at Our Court at Yorke, the 21st of March,
His Majesty's Answer to the Declaration of both Houses against Fears and Jealousies, and Ill Copnsels.
"Though the Declaration lately presented to Us at
Newmarket, from both Our Houses of Parliament, be
of so strange a Nature, in respect of what We expected,
after so many Acts of Grace and Favour to Our
People, and some Expressions in it so different from
the usual Language to Princes, that We might well
take a very long Time to consider it; yet the Clearness and Uprightness of Our Conscience to God, and
Love to Our Subjects, hath supplied Us with a speedy
Answer; and Our unalterable Affection to Our People
prevailed with Us to suppress that Passion, which
might well enough become Us upon such an Incitation.
"We have considered Our Answer by the First of
this Month at Theobalds, which is urged to have given
just Cause of Sorrow to Our Subjects: Whosoever
looks over that Message (which (fn. *) was in Effect to tell
Us, that, if We would not join with them, in an
Act which We conceived might prove prejudicial and
dangerous to Us and the whole Kingdom, they would
make Law without Us, and impose it upon Our
People) will not think that sudden Answer can be
"We have little Encouragement to Replies of this
Nature, when We are told of how little Value Our Words are like to be with you, though
they come accompanied with all the Actions of Love
and Justice, where there is Room for Actions to accompany them; yet We cannot but disavow the
having of any such evil Counsel or Counsellors about
Us, to Our Knowledge, as are mentioned; and if
any such be discovered, We will leave them to the
Censure and Judgement of Our Parliament. In the
mean Time, We could wish that Our own immediate
Actions (which We avow) and Our own Honour might
not be so roughly censured under that common Stile
of evil Counsellors.
"For Our faithful and zealous Affection to the true
Protestant Profession, and Our Resolution to concur
with Our Parliament in any possible Course for the
Propagation of it, and Suppression of Popery; We
can say no more than We have already expressed in
Our Declaration to all Our loving Subjects, published in January last, by the Advice of Our Privy
Council; in which We endeavoured to make as lively
a Confession Ourself in this Point as We were able,
being most assured that the constant Practice of Our
Life hath been answerable thereunto; and therefore
We did rather expect a Testimony and Acknowledgement of such Our Zeal and Piety, than those Expressions We meet with in this Declaration of any
Design of altering Religion in this Kingdom; and
We do, out of the Innocency of Our Soul, with
that the Judgements of Heaven may be manifested
upon those who have or had any such Design.
"As for the Scotts Troubles, We had well thought
those unhappy Differences had been wrapt up in
perpetual Silence by the Act of Oblivion, which
being solemnly passed in the Parliaments of both
Kingdoms, stops Our Mouth from any other Reply,
than to shew Our great Dislike for reviving the Memory thereof.
"If the Rebellion in Ireland (so odious to all Christians) seems to have been framed and maintained in
England, or to have any Countenance from hence,
We conjure both Our Houses of Parliament, and all
other loving Subjects whatsoever, to use all possible
Means to discover and find out such, that We may
join in the most exemplary Vengeance upon them
than can be imagined: But We must think Ourself
highly and causelessly injured in Our Reputation, if
any Declaration, Action, or Expression of the Irish
Rebels, any Letter from Count Rosetti to the Papists
for Fasting and Praying, or from Trestram Whitcombe
of strange Speeches uttered in Ireland, shall beget
any Jealousy or Misapprehension in Our Subjects, of
Our Justice, Piety, and Affection; it being evident to
all Understandings that mischievous and wicked Rebels are not so capable of great Advantage, as by
having their false Discourses so far believed, as to
raise Fears and Jealousies to the Distraction of this
Kingdom, the only Way to their Security: And We
cannot express a deeper Sense of the Sufferings of
Our poor Protestant Subjects in that Kingdom than
We have done in Our often Messages to both Houses,
by which We have offered, and are still ready to
venture, Our Royal Person for their Redemption;
well knowing that, as We are (in Our own Interest)
more concerned in them, so We are to make a strict
Accompt to Almighty God for any Neglect of Our
Duty, or their Preservation.
"For the manifold Attempts to provoke Our late
Army, and the Army of the Scotts, and to raise a
Faction in the City of London and other Parts of the
Kingdom, if it be said as relating to Us, We cannot
(without great Indignation) suffer Ourself to be reproached to have intended the-least Force or Threatening to Our Parliament, as the being privy to the
bringing up of the Army would imply; whereas We
call God to Witness, We never had any such Thought,
or know of any such Resolution, concerning Our late
Army. For the Petition shewed to Us by Captain
Legg, We well remember the same, and the Occasion of that Conference: Captain Legg being lately
come out of the North, and repairing to Us at Whitehall, We asked him of the State of Our Army, and
(after some Relation made of it) he told Us that the
Commanders and Officers of the Army had a Mind
to petition the Parliament, as others of Our People
had done, and shewed Us the Copy of a Petition,
which We read; and finding it to be very humble,
desiring the Parliament might receive no Interruption
in the Reformation of the Church and State to the
Model of Queen Elizabeth's Days, We told him We
saw no Harm in it; whereupon he replied, That
he believed all the Officers of the Army would like it,
only he thought Sir Jacob Ashley would be unwilling
to sign it, out of Fear that it might displease Us.
We then read the Petition over again; and then observing nothing in Matter or Form We conceived could
possibly give just Cause of Offence, We delivered it
to him again, bidding him give it Sir Jacob Ashley,
for whose Satisfaction We had written C. R. upon
it, to testify Our Approbation; and We with that
the Petition might be seen and published, and then
We believe it will appear no dangerous one, nor a
just Ground for the least Jealousy or Misapprehension.
"For Mr. Jermyn, it is well known that he was
gone from Whitehall before We received the Desire
of both Houses for the Restraint of Our Servants;
neither returned he thither, or passed over by any
Warrant granted by Us, after that Time.
"For the Breach of Privilege, in the Accusation of
the Lord Kymbolton and the Five Members of the
House of Commons, We thought We had given so
ample Satisfaction, in Our several Messages to that
Purpose, that it should be no more pressed against
Us; being confident, if the Breach of Privilege
had been greater than hath been ever before offered, Our Acknowledgement hath been greater than
ever King hath given, besides the not examining how
many of Our Privileges have been invaded in Defence and Vindication of the other; and therefore
We hoped Our true and earnest Protestation, in
Our Answer to your Order concerning the Militia,
would so far have satisfied you of Our Intentions
then, that you would no more have entertained any
other Imagination of any other Design than We there
expressed. But why the listing of so many Officers,
and entertaining them at Whitehall, should be misconstrued, We much marvel, when it is notoriously
known the Tumults at Westm. were so great,
and their Demeanour so scandalous and seditious,
that We had good Cause to suppose Our own Person, and those of Our Wife and Children, to be in
apparent Danger; and therefore We had great Reason
to appoint a Guard about Us, and to accept the dutiful Tender of the Services of any of Our loving
Subjects, which was all We did to the Gentlemen of
the Inns of Court.
"For the Lord Digby, We assure you, in the Word
of a King, that he had Our Warrant to pass the
Seas, and had left Our Court, before We ever heard
of the Vote of the House of Commons, or had any
Cause to imagine that his Absence would have been
"What your Advertisements are from Rome,
Venice, Paris, and other Parts, or what the Pope's
Nuncio solicits the Kings of France or Spaine to do,
or from what Persons such Informations come to you,
or how the Credit and Reputation of such Persons
have been sifted and examined, We know not; but
are confident, no sober honest Man in Our Kingdoms
can believe that We are so desperate, or so senseless,
to entertain such Designs, as would not only bury
this Our Kingdom in sudden Distraction and Ruin,
but Our own Name and Posterity in perpetual Scorn
and Infamy; and therefore We could have wished,
that, in Matters of so high and tender a Nature
(whereby the Minds of Our good Subjects must
needs be startled) all the Expressions were so plain
and easy, that nothing might stick with them with
Reflection on Us, since you thought fit to publish it
"And having now dealt thus plainly and freely with
you, by Way of Answer to the particular Grounds
of your Fears, We hope (upon a due Consideration
and Weighing both together) you will not find the
Grounds to be of that Moment to beget, or longer
to continue, a Misunderstanding betwixt us, or force
you to apply yourselves to the Use of any other
Power, than what the Law hath given you; the
which We always intend shall be the Measure of
Our own Power, and expect it shall be the Rule of
Our Subjects Obedience.
"Concerning Our Fears and Jealousies, as We had
no Intention of accusing you, so are We sure no
Words spoken by Us (on the sudden) at Theobalds
will bear that Interpretation.
"We said, for Our Residence near you, we wished
it might be so safe, and so honourable, that We had
no Cause to absent Ourself from Whitehall; and
how this can be a Breach of Privilege of Parliament We cannot understand: We explained Our
Meaning in Our Answer, at Newmarket, at the Presentation of the Declaration concerning the printed
seditious Pamphlets and Sermons, and the great Tumults at Westm. and We must appeal to you, and all
the World, whether We might not justly suppose
Ourself in Danger of either; and if We were now
at Whitehall, what Security have We that the like
shall not be again? especially if any Delinquents of
that Nature have been apprehended by the Ministers
of Justice, and been (fn. *) rescued by the People, and
so as yet escape unpunished. If you have not been
informed of the seditious Words used in, and the
Circumstances of those Tumults, and will appoint
some Way for the Examination of them, We will
require some of Our Learned Counsel to attend, with
such Evidence as may satisfy you; and, till that be
done, or some other Course taken for Our Security,
you cannot (with Reason) wonder that We intend not
to be where We must desire to be.
"And can there yet want Evidence of Our hearty
and importunate Desire to join with Our Parliament,
and all Our faithful Subjects, in Defence of Our Religion and Public Good of the Kingdom? Have We
given you no other Earnest but Words to secure
you of those Desires? The very Remonstrance of
the House of Commons (published in November last)
of the State of the Kingdom allows Us a more real
Testimony of Our good Affections than Words;
that Remonstrance valued Our Acts of Grace and
Justice at so high a Rate, that it declared the Kingdom to be then a Gainer, though it had charged
itself, by Bills of Subsides and Poll-money, with
the Levy of Six Hundred Thousand Pounds, besides
the contracting of a Debt to Our Scotts Subjects of
Two Hundred and Twenty Thousand Pounds.
"Are the Bills for the Triennial Parliament; for
relinquishing Our Title of imposing upon Merchandize, and Power of pressing of Soldiers; for the
taking away of the Star-chamber and High Commission Court; for the regulating the Council Table;
but Words? Are the Bills for the Forests, the Stannary Courts, the Clerk of the Markets, and the
taking away the Votes of the Bishops out of the Lords
House, but Words? Lastly, what greater Earnest
of Trust and Reliance on Our Parliament could or
can We give, than the passing of the Bills for the
Continuance of this present Parliament? the Length
of which (We hope) will never alter the Nature of
Parliaments, and the Constitution of this Kingdom,
or invite Our Subjects so much to abuse Our Confidence as to esteem any Thing fit for this Parliament
to do, which were not, if it were in Power to dissolve
"And, after all these and many other Acts of Grace
on Our Part (that We might be sure of a perfect Reconciliation betwixt Us and all Our Subjects), We
have offered, and are still ready, to grant a Free
and General Pardon, as ample as yourselves shall
think fit. Now, if these be not real Expressions of
the Affections of Our Soul for the Public Good of
Our Kingdom, We must confess that We want Skill
to manifest them.
"To conclude (though We think Our Answer already full to that Point concerning Our Return to
London), We are willing to declare, That We look
upon it as a Matter of so great Weight, as with
Reference to the Affairs of this Kingdom and to Our
own Inclinations and Desires, that all We can say or
do can raise a mutual Confidence (the only Way,
with God's Blessing, to make us all happy); and,
by your Encouragement, the Laws of the Land, and
the Government of the City of London, may recover
some Life, for Our Security; We will overtake your
Desires, and be as soon with you as you can (fn. †) wish;
and, in the mean Time, We will be sure that neither the Business of Ireland, or any other Advantage
for this Kingdom, shall suffer, through Our Default,
or by Our Absence; We being so far from repenting
the Acts of Our Justice and Grace which We have al
ready performed to Our People, that We shall with the
same Alacrity be still ready to add such new ones as
may best advance the Peace, Honour, and Prosperity
of this Nation."
The Second Letter was read, as followeth; videlicet,
"To Our Right Trusty and Well-beloved Counsellor, Edward Lord Littleton, Lord Keeper
of Our Great Seal of England.
The King's Answer, about passing the Bill for clearing Lord Kymbolton and others.
"Right Trusty and Well-beloved Counsellor, We
Greet you well. We have signed a Commission, for
giving Our Royal Assent for passing the Bill for raising Four Hundred Thousand Pounds, for the necessary Defence of Our Kingdom of Ireland. As for
the other Bill sent unto Us, intituled, An Act for the
clearing and vindicating of the Lord Kymbolton, Mr.
Holles, and the rest; albeit We are well pleased to pass
an Act for the clearing of them all, according to Our
Gracious Promise, yet We are not, by that Promise,
nor otherwise, obliged to lay any Imputation on Ourself, or to clear them in Words that may reflect upon
Our Honour: Wherefore Our Command is, That
you make known to Our Parliament, that, if they
shall pass a Bill for the freeing and clearing of the
Lord Kymbolton and the rest, in such Terms and
Words as may be strong for them, and not reflect upon
Us, We will readily give Our Royal Assent thereunto.
"Given at Our Court at Yorke, the 21st of March,
in the Seventeenth Year of Our Reign."
Whether this Answer is not a Breach of Privilege.
Ordered, That this House will take into Consideration whether this Answer be not a Breach of the
Ordered, That the King's Answer to the Declaration of both Houses, and the Letter concerning the
Lord Kymbolton and others, and the Letter concerning
the Earl of Warwicke, shall be communicated to the
House of Commons, at a Conference.
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 these Letters of the King.
To desire a present Free Conference, in the Painted
Chamber, touching a Letter from the King, concerning
the Earl of Warwicke, and an Answer of the King to
the Declaration of both Houses, delivered to Him at
Newmarket, and concerning a Letter touching the Bill
for clearing the Lord Kymbolton, etc.
Message from the H. C. with a Bill against Innovations in the Church.
A Message was brought from the House of Commons,
by Mr. Serjeant Wylde; who was commanded, by the
Knights, Citizens, and Burgesses of the House of Commons, to bring up to their Lordships a Bill, which hath
passed their House, intituled, "An Act for the suppressing of divers Innovations in Churches and Chapels, in and about the Worship of God; and for the
due observing of the Lord's-day, and the better Advancement of the Preaching of God's Holy Word, in
all Parts of this Kingdom." The House of Commons
desires their Lordships to pass this Bill, and to give it all
the Expedition as conveniently may be.
Ordered, That this Bill shall be read the First Time
Sir Robert Mansell against Bagg and Bristow.
Whereas a Petition of Sir Robert Mansell, Knight,
was this Day read, and an Order of this House, dated
the 13th of May 1641, reciting, "That the said Sir
Robert Mansell had a Grant from His Majesty, by
Lease, for the sole making of Glass in England, which
was by the said Order declared not to be impeached,
but to remain, and be in Force, until the Parliament
should declare the contrary; yet one Francis Bristowe
and Jeremy Bagg have continued making of Glass,
contrary to the said Order, and in Contempt of this
Court, although they have been served with the same,
and required Obedience thereunto; and the said
Francis Bristow said, he cared not for the said Order,
and that he would not obey the same:" It is therefore
Ordered, That the said Bristow and Bagg shall be
sent for as Delinquents; to appear before the Lords in
Parliament, to answer their high Contempt of the said
Order of this House.
Lenthall and Brewton in Error.
This Day a Writ of Error was brought in, by the
Lord Chief Justice of the King's Bench, wherein Sir
John Lenthall, Knight, was Plaintiff, and Brewton, Defendant.
Ordered, That Sir John Lenthall shall assign Errors
within a Week.
Babb and Trelaway in Error.
Ordered, That Errors shall be assigned within a
Week, in the Writ of Error between Babb and Trelawny.
Ordered, That the Report, which the Lords should
have made this Morning, shall be made To-morrow.
Ld. Loftus's Cause.
Ordered, That the Lord Viscount Loftus's Cause
shall be heard on Monday next.
Ordered, That the Lord Keeper shall be added to
the Committee, which is appointed to draw up the Form
of Lords Lieutenants, and the Deputations to be given
to Deputy Lieutenants.
Answer from the H. C. about the Conference touching the King's Letters.
The Messengers return with this Answer from the
House of Commons:
That they will give a present Conference, in the
Painted Chamber, as is desired.
Then this House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
videlicet, 25m diem instantis Martii, 1642, hora 9a Aurora, Dominis sic decernentibus.