House of Lords Journal Volume 4: 10 May 1641

Pages 242-244

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 Lunæ, videlicet, 10 die Maii.


A List of Sir Thomas Row's Train.

A List was delivered in, under Sir Tho. Rowe's own Hand, of those that go over with him as his Train, and such as go over with him as Passengers.

Sir Peter Osborne's Demand concerning Guernsey.

Sir Peter Osborne produced a Paper of Demands concerning the Island of Garnesey, which he formerly delivered to Mr. Secretary Vane; and, after it was read, the House did Order, That Sir Peter Osborne do attend the Committee for the Defence of the Kingdom; and then this Paper, and all others of this Nature, are to be considered of at the said Committee.

Some Lords to wait on the E. of Bedford, to request his early Attendance, to supply the Place of his late Father.

It was moved, "Whereas this House hath lately received a great Loss by the Death of the Earl of Bedford, That some Lords might be appointed to visit his Son the now Earl of Bedford; and to desire him, from this House, that he will repair hither as soon as his Sorrow will give him Leave, for none can supply the Place of his deceased Father so well as his Lordship." For this Purpose these Lords were appointed by the House:

Earl of Essex.
Lord Wharton.
Lord Howard de Estcrige.

Some Lords and Attendants take the Protestation.

This Day the Earl of Danby, Lord Stanhope, the Master of the Rolls, Mr. Attorney General, and Sir Robert Rich, did all take the Protestation, and subscribe it.

Order for no Passengers to go over in the Packet Boats.

Ordered, That the Two Packet Boats of Dover, which bring Letters from Callice and Dunkerke, shall be permitted to go unto the Places aforesaid, provided they carry no Passengers nor Packets over, but go only to return the Foreign Packets there; and that the Lord Warden of the Cinque Ports, Officers, or Searchers there, shall take Care, that no Passengers go over in those Boats from hence.

Directed "To the Lord Warden, or his Deputy, and all other His Majesty's Officers there."

Order concerning the Clothiers, Creditors of Abbot.

Upon opening of the Cause of Jo. Beamount, and other Clothiers and Clothworkers (Creditors of Edward Abbott), in open House, at the Bar, it was thought fit, and so Ordered, That the Estate of the said Edward Abbott shall be liable, in the First Place, to the King's immediate Debt, which is alledged to be Twelve Thousand Pounds, which shall be first satisfied and paid; and it is likewise Ordered, That, in this Cause, it be specially recommended to the Lord Keeper, that a Commission of Bankrupts be speedily issued out, to some judicious and honest Men, who are to execute the same with all convenient Speed; and lastly, That the Remainder of the Estate, over and above the King's Debt (being to be satisfied as aforesaid), shall be put into some safe Hands, as may be responsible for the Preservation of the same until further Prosecution shall be made in this Cause, for the Satisfaction of the Creditors of the said Edward Abbot, according to Law.

Witnesses sworn to he examined before the deputed Lords.

Doctor Stephen Gofe and Captain James Chidly were sworn, to be examined before the deputed Lords; and the Speaker gave them an Injunction to be forth-coming, and to give the Gentleman-usher Notice of their Lodgings, that so he may send for them, if Occasion serves.

Bp. of Lincolne excused.

Lord Bishop of Lincolne was excused for his Absence, being sick.

Ld. Fawconbridge excused.

Lord Fawconbridge had Leave to go into the North for a Time, to settle his Estate there.

Absent Lords excused.

The E. of St. Albaines,
The E. of Clare,
E. of Devon,
The L. Pawlett,
L. Wentworth,
L. Dunsemore,
Were excused for their Absence, being sick.

E. of Cumberland Leave to be absent.

The Earl of Cumberland had Leave to go into the North, for a certain Time.

Ld. Craven Leave to go to Holland.

It was Ordered, That the Lord Craven shall have Leave to repair to his Charge in Holland; and that his Lordship and such others as are of his Train shall have Leave to depart the Kingdom, and have (fn. 1) Passage at the Ports.

Ld. Steward Leave to be Absent, and is declared to have acted with Integrity in Ld Strafford's Trial.

The Lord Steward had Leave to be Absent for a certain Time, for his Health: and it was declared, That his Lordship had performed and discharged the Place of Lord High Steward, at the Trial of the Earl of Strafford, with much Integrity; and had observed and delivered the Directions and Orders of this House, according as he was required and directed by this House; for which the House gave his Lordship Thanks.

Some Recusant Lords took the Protestation, with a Salvo for Religion.

It was signified to the House, That the Recusant Lords are ready to take the Protestation of so much as concerns the Civil Part of it, so they might be dispensed with for the Matter of Religion, which binds their Consciences; which the House gave Way to; and presently the Lord Marquis of Winchester, the Earl Rivers, and the Lord Awdley, made their Protestation accordingly.

Royal Assent, by Commission, to Two Bills.

This Day the King gave His Royal Assent to Two Bills, by Commission, as followeth:

A Commission was granted, under the Great Seal of England, directed unto the Lord Privy Seal, the Lord Great Chamberlain, and the Lord Steward, or any Two of them, for passing the Royal Assent to Two Bills; one intituled, * * * * * * * * * * * * * * * * * * * An Act to prevent Inconveniences which may happen by the untimely adjourning, proroguing, or dissolving, of this present Parliament.

The Peers being all in their Robes, and the Commissioners set upon a Form standing a-cross the House, between the Chair of Estate and the Lord Keeper's Wool-sack, the House of Commons were sent for, by the Gentleman-usher; who being come with their Speaker, the Clerk of the Parliament delivered the Commission (whereunto the Bills were annexed) to the Lords Commissioners, upon his Knee. Then the Lord Privy Seal declared to both Houses, That His Majesty had an Intent to have come Himself this Day, and given His Royal Assent to these Two Bills; but some important Occassions have prevented Him; and so His Majesty hath granted a Commission for giving the Royal Assent; which was delivered to the Clerk of the Parliament, who carried it to his Table, and read it. This being done, the Clerk of the Crown read the Titles of the Bills, and the Clerk of the Parliament pronounced the Royal Assent to them both severally.

After this, the Commons went to their own House; and the Lords disrobed themselves, and dispatched the Business of the Day.

E. of Cleveland Leave to see the E. of Strafford.

The Earl of Cleveland had Leave to see the Earl of Strafforde this Afternoon.

Bills from the H. C.

A Message came from the House of Commons, by Mr. Secretary Vane, who brought Five Bills, which had passed the House of Commons:

1. An Act for the further Relief of His Majesty's Army, and the Northern Parts of this Kingdom.

2. An Act for the Naturalization of Dorothy Spencer, the Daughter of the Lord Spencer.

3. An Act for enabling of the Sale and Leasing of Lands, for Payment of Debts of Tho. Earl of Winchelsea.

4. An Act to enable the Lord Marquis of Winchester to make Estates for Three Lives, or One and Twenty Years, of Lands in South'ton and Wilts, etc. reserving the old Rents.

5. An Act concerning the Limitation and Abbreviation of Michaelmas Term.

Delinquents at the Suit of the E. of Lindsey bailed.

Ordered, That the Delinquents brought up upon the Complaint of the Lord Great Chamberlain, and now being in the Custody of the Gentleman-usher, are to be released, upon their own Bail, to attend this House de die in diem.

Subsidy Bill.

Ordered, That the Bill of Subsidies be read this Afternoon.

Scots Affairs.

Ordered, To have a Conference this Afternoon with the House of Commons, about the Scotts Affairs.

House to be called.

Ordered, That the House be called To-morrow Morning.

A Message was sent down to the House of Commons, by Justice Reeves and Justice Foster:

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

To let them know, that this House will sit this Afternoon, about the Affairs of the Kingdom; and to desire them to do the like. Likewise to deliver to the Commons a Bill which hath passed this House, intituled, An Act (fn. 2)

The Answer which was returned was:


That the House of Commons will sit this Afternoon.


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.


Subsidy Bill.

Hodie 1a et 2a vice lecta est Billa, An Act for the further Relief of His Majesty's Army, and the Northern Parts; and Ordered to be committed to the whole House, and to be considered of To-morrow Morning.

Abbreviation of Michaelmas Term.

Hodie 1a et 2a vice lecta est Billa, An Act for the Limitation and Abbreviation of Michaelmas Term.

Committed to the

E. of Bath.
E. of Warwicke.
E. of Cambridge.
E. of Bristoll.
E. of Bollingbrooke.
L. Bp. of Chester.
L. Bp. of Exon.
Justice Foster,
Justice Heath,
L. Bp. of St. Asaph.
L. Bp. of Peterborough.
Ds. Strange.
Ds. Wharton.
Ds. North.
Ds. Grey de Wark.
Ds. Seymour.

Their Lordships, or any Four of them, to meet To-morrow Morning, at Eight a Clock, in the Prince's Lodgings.

Jay versus Arnold.

Ordered, That Justice Reeves and Justice Heath be added to the Two Lord Chief Justices, in the Reference between Jay and Arnold, etc. and they, or any Two of them, to proceed in the Business.

Extract of a Letter from the Committee at Newcastle.

The Earl of Bristoll signified to the House, That the Scotts Commissioners had desired the Lords Commissioners to present to the Parliament an Extract, which they have made, of a Letter sent them from the Committee at Newcastle, dated 30th April, which was read, videlicet:

"We find, by sad Experience, that, if a Way had been invented to ruin us, there cannot be one more ready than this undermining of us, by granting new Cessations, and keeping back of the Monies promised for our daily Maintenance, which makes us earnestly to recommend to your Lordships Care the pressing of Money for us with Speed, and to consider well of our Estate, in Case any new Cessation be desired.

"We perceive likewise the same Effects to follow upon the Prorogation of the Parliament; for the Country, by Delay of Justice, Stop of Trade, keeping up Arms within, and sending their Victuals to us, is so exhausted, that, ere it be long, the Remedy will be worse than the Disease.

"These Considerations make us to intreat your Lordships, with all Earnestness, to press for an Answer of our Demands, and (fn. 3) a Conclusion of the Treaty in such a Way as your Lordships shall think fitting; having Respect first to the Cause in Hand, and next to the Condition of our Army, and the Estate of the Country at Home."

Next, he told their Lordships, That the Scotts have received an Answer from the King of those Articles which His Majesty had undertaken to consider of; and declared the earnest Desire that the Scotts Commissioners had expressed to the Lords Commissioners, to have an End of the Treaty, and the Peace to be settled, that so they may return Home into their Country.

Hereupon a Message was sent to the House of Commons, by Justice Reeves and Justice Heath:

Message from the H. C. for a Conference, about it.

To desire a Conference, by a Committee of both Houses, presently, if it may stand with their Conveniency, touching the Treaty of both Kingdoms.

The Earl of Bristoll was appointed to deliver at the Conference, both what he declared concerning the Paper, and concerning the Desires of the Scotts Commissioners.

E. of Bedford will attend the House as soon as possible.

The Earl of Essex reported, That himself and those Lords which the House enjoined have waited on the Earl of Bedford, and delivered unto him the Desires of this House; which his Lordship took as a great Favour, though he was in a great deal of Heaviness. He desired his Thanks might be returned, with this Answer: "That he will come and wait on this House so soon as he can but recover out of his great Grief at this Time upon him."

Bp. of Chester took the Protestation.

The Lord Bishop of Chester took the Protestation, and subscribed it.

Sir Philip Manwaring to see the E. of Strafford.

Ordered, That Sir Phillip Manwaringe have Leave to visit the Earl of Strafford in The Tower.

The House of Commons returned this Answer to the Message:

Answer from the H. C.

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

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll shortly reported, "That he had delivered the Paper at the Conference, and declared what he was enjoined by the House."



Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 11m diem instantis Maii, hora 9a, Dominis sic decernentibus.


  • 1. Origin. passed.
  • 2. Sic.
  • 3. Origin. in.