House of Lords Journal Volume 4: 14 April 1641

Pages 216-217

Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Mercurii, videlicet, 14 die Aprilis.


The Eighth Demand of the Scots.

The Earl of Bristoll signified to the House, "That he was commanded, by the Lords Commissioners that treated with the Scotts Commissioners, to give their Lordships an Account of the Proceedings with the Scotts. Their Lordships and the House of Commons did command the Lords Commissioners to demand of the Scotts all the Heads of their Eighth Demand, which accordingly was done; upon this the Scotts brought in an Index of the Heads, and afterwards they were reduced into Articles; of which Proceedings their Lordships were ready to give an Account how far they had proceeded."

The first Article in the Index of the remanent Heads, contained in the Eighth Demand, was "concerning Uniformity in Religion, and Conformity of Church Government, as a special Means for preserving of Peace betwixt the Two Kingdoms."

Then was read "The Scotts Declaration, concerning Uniformity of Church Government, dated the 10th of March 1640."

Next was read "The Lords Commissioners Answer to the aforesaid Declaration, concerning Uniformity of Church Government, dated the 15th March 1640."

After this "The Scotts Reply to the Answer of the Lords Commissioners, concerning Uniformity of Church Government," was read, dated the 15th March 1640.

Next was read "The Answer to the Scotts Commissioners Reply, concerning Uniformity of Church Government, dated the 12th of April 1641."

Then the Earl of Bristoll signified, "That this Morning some of the principal Lords of the Scotts Commissioners told the Lords Commissioners, That they could do no less but deliver in these Papers, as they were commanded to do by those that employed them in this Service; but yet told the Lords Commissioners, that what Answer it shall please both Houses of Parliament to return in their own Time, they will abide and acquiesce with that."

Next the Articles "concerning Trade and Commerce" were read, together with their several Answers.

And the Earl of Bristoll declared, "That, in regard the settling of Trade and Commerce between the Two Kingdoms would require some Length of Time, they had agreed that a Commission of Merchants on both Sides are to be chosen, to consider of the Trade and Commerce between the Two Kingdoms; and many Things are to be referred to them."

A Message was sent to the House of Commons, by Mr. Justice Reeves and Mr. Justice Heath:

Message to the H. C. to desire they would sit P. M.

To let them know that this House will sit in the Afternoon; and their Lordships do desire that the House of Commons would sit likewise, if it may stand with their Conveniency, because there may be Occasion of a Conference touching the Treaty between both Kingdoms.

Paper of the Scotch Commissioners for preserving Peace between the Two Kingdoms.

Next was read "The Scotts Commissioners Paper for conserving of Peace betwixt both Kingdoms, dated 1 Aprilis 1641;" and "The Lords Commissioners Answer thereunto" was read.

Other Articles there were given in to His Majesty, as proper for Him to declare His own Pleasure in; whereunto He hath not yet given any Answer, but will speedily:

1. The Manner of the Session and Nomination of the Counsel in Scotland.

2. That some Scottishmen of Respect, who are intrusted by their own Kingdom may be in Places about the King, Queen, and Prince.

3. That no Recusants may be about the King or Prince.

"4. Concerning the Equality of Coin, &c."

The King desire that the English, Scotch, and Irish Armies, may be disbanded.

This being done, the Earl of Bristoll, by Command from His Majesty, signified to the House, "That it was His Majesty's earnest Desire, that both the Scottish, English, and Irish Armies, may be all disbanded with all convenient Expedition, and all Things put into a settled Peace; and as concerning the disbanding of the new Irish Army, the disarming of Recusants according to the Law, and the removing of Recusants from the Court, His Majesty will take some Time (after these great Businesses now in Agitation are over) to give an Answer from His own Mouth to both Houses. And further he was commanded from His Majesty to let both Houses understand, that whatsoever is conducing to the Redress of Grievances, and to the settling of the Public Peace, Safety, and Welfare of this Kingdom, He will be most ready to further it."

Likewise the Earl of Holland spake what he knew of His Majesty's Intentions concerning the Army, when his Lordship was made General of the Army.

Provision for Officers upon their Reduction.

And it was moved by the Earl of Essex, That, upon the disbanding of the English Army, it may be taken into Consideration by both Houses, and advised, how a Provision may be made for the preserving and maintaining of able Commanders, experienced in the Wars, and a Supply and Pension to be paid them, whereby they may be encouraged and induced to remain ready upon all Occasions to serve the Kingdom, and not be inforced to serve Foreign Princes for Maintenance, and so this Kingdom to be deprived of their Assistance and Service in Time of Need; which Motion was approved of, and thought fit to be spoken of at the next Conference with the House of Commons.

Weakness of the Forts.

It was also moved, That the Weakness of the Fortification of the Forts of this Kingdom, especially that of Dover Castle, may be taken into Consideration.

The Answer from the House of Commons to the Message was:

Answer from the H. C.

That they will fit as a House this Afternoon, as is desired.

Conference about the Scots.

The Earl of Bristoll was appointed by the House to make the same Account, concerning the Treaty with the Scotts, at the Conference, as he gave to this House; and then to deliver them the Scotts Papers. Likewise to repeat what he delivered here, by the Command of His Majesty, touching the Armies.

The Earl of Essex and the Earl of Holland also were to speak at the Conference what they said here this Day.


Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora 3a, Dominis sic decernentibus.

Post meridiem.


Ordered, That the Assistants attending this House are constantly to attend when this House sits.

A Message to the House of Commons, by Mr. Justice Reeves and Mr. Serjeant Glanvile:

Message to the Commons, about the E. of Strafford, and for a Conference concerning the Scots Treaty.

To let them know that their Lordships will sit Tomorrow Morning in Westm. Hall, to hear the Counsel of the Earl of Strafford speak in Matter of Law, and not in Matter of Fact; and further, to desire a Conference, about the delivering unto them the Papers from the Scots Commissioners, touching the Treaty of both Kingdoms.

Heads for the Conference.

The Earl of Essex, Earl of Bristoll, and the Earl of Holland, were appointed by the House to speak at the Conference, as they were this Morning particularly directed.

The Earl of Bristoll was to signify further at the Conference, "That their Lordships will take the Scots Papers into Consideration; and, as soon as they have resolved and prepared any Thing for a Free Conference, they will send to them about (fn. 1) it, and desire them to do the like, if they resolve of any Conclusion first, for the better expediting of the Business."

Wilde's Cause.

Ordered, That Wilde's Cause shall be heard this Day Month; and the Witnesses to be produced at the Hearing, viva voce.

Sir Ralph Dutton's Petition concerning pressing Soldiers in Gloucestershire.

Ordered, That the Petition of Sir Ralph Dutton, concerning the undue executing of the Commission by the Prosecutors concerning the Abuse in pressing of Soldiers in Glocestershire, shall be read in this House on Friday Morning next; at which Time Sir Robert Cooke and Sir Baynam Throgmorton, Two of the Commissioners that sat upon the Commission, be then present, and heard if they desire it.

Commission to enquire about pressing of Soldiers in Wilts.

Ordered, That a Commission under the Great Seal of England be issued out, to authorize Commissioners (whose Names are to be given into this House by the Earl of Berkshire) to examine the Abuses in pressing of Soldiers in the County of Wiltshire, and taking Money for releasing of them; and any Three or Four of the said Commissioners, or more of them, may sit and execute the said Commission, and afterwards to return unto this House an Account thereof.

D°. in Somersetshire.

Ordered, That the like Commission is to be issued to Seven Commissioners, whose Names are to be presented to this House by the Lord Pawlett; and they, or any Three or more of them, are to examine the Abuses of pressing of Soldiers, and taking Monies for releasing them, and the Loss of the Arms of the Soldiers, in the County of Somersettshire; and, after such Examination taken, to return an Account unto this House of the same.

Hopkins's Petition.

Upon reading the Petition of Sam. Hopkins, Clerk, it was Ordered, That his Cause shall be heard on Monday Sevennight after Easter-day next.

Ordered, That the Paper sent from the House of Commons at the Conference be taken into Consideration To-morrow in the Afternoon.

The Answer from the House of Commons to the Message was:

Answer from the H. C.

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

The House was adjourned during Pleasure, and the Lords went to the Conference.

Conference put off.

Both Houses meeting, the Commons understanding the Conference would be long, and it being now late, moved that the Conference might be deferred until Tomorrow in the Afternoon, at Four of the Clock; which Motion the Lords thought fit to acquaint the House withall, and propounded it to the Lords, who consenting thereunto, had Order to transfer the Time for the Conference till To-morrow in the Afternoon, and to move the Commons that they would lay aside all other Business to attend that Time appointed; which was consented to.



Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 15m instantis Aprilis, hora 8a, Dominis sic decernentibus.

Examinatur per nos Dominos,

Hen. Dover.
Tho. Duresme.
Phil. Wharton.


  • 1. Deest in Originali.