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 Sabbati, videlicet, 19 die Junii.
Manner of L. Morley's Trial referred.
Ordered, That the Committee for Privileges do meet on Monday next, in the Afternoon, and consider of the Manner of Trial of the Lord Morley, whether he shall be tried in this House by his Peers, or have a Commission.
Disbanding Five Regiments, and Treaty with the Scots.
The Earl of Bristoll acquainted the House, "That some of the Scotts Commissioners were with him, and told him that they desired some Answer to certain Articles which are not yet resolved on by the Houses of Parliament, before they went into the North, which they were speedily to do, and return Post;" therefore his Lordship moved to have a Conference with the select Committee of both Houses about it.
Hereupon the House was adjourned into a Committee during Pleasure, to debate about the disbanding of our Five Regiments; and, after much Debate, the House was resumed; and it was Agreed, That there is an Intention to go on in disbanding of Five Regiments, as a Part of the whole Army, as the Earl of Holland propounded; but the Lords Commissioners are first to move the Scotts to see whether they will retire from The Teez, and ship their Ordnance at the same Time.
A Message was sent to the House of Commons, by Justice Foster and Justice Heath:
Message to the H. C. for a Conference about it.
To desire that the select Committees of both Houses may meet presently, if it stand with their Conveniency, touching the disbanding of the Army, and the Treaty of both Kingdoms.
Ordered, That the Cause concerning Sutton-Marsh is to be heard further on Thursday next, in the Morning.
Tonnage and Poundage Bill.
Hodie 2a vice lecta est Billa, An Act, intituled, "A Subsidy granted to the King of Tonnage and Poundage, and other Sums of Money, payable upon Merchandize exported and imported."
Ordered, To be committed to the whole House.
The Messengers return with this Answer from the House of Commons:
Answer from the H. C.
That they are now in Debate of great and weighty Business of the Kingdom, and will send an Answer, by Messengers of their own.
A Message was sent to the House of Commons, by Serjeant Fynch and Serjeant Glanvile:
Message to the H. C. to sit P. M.
To let them know that this House will sit this Afternoon, at Three a Clock; and desire that they would do the like, if it may stand with their Conveniency.
That the House of Commons will sit this Afternoon, as is desired.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in horam tertiam post meridiem hujus diei, Dominis sic decernentibus.
Hodie 2a vice lecta est Billa, An Act to maintain the Privileges of the College of Physicians for London.
Committed to the Lords following: videlicet, The
Their Lordships, or any Five or more of them, to meet on Monday come Sevennight, in the Afternoon.
A Message was brought from the House of Commons, by the Lord Grey:
Message from the H. C. that they are ready for the Conference.
To let this House know, that the select Committee of the House of Commons are ready to give a Meeting, with the select Committee of this House, as is desired.
That the select Committee of this House will give a present Meeting, in the Painted Chamber, as is desired.
The Earl of Bristoll was appointed to speak, and report the Conference.
The House was adjourned during Pleasure; and the Lords went to the Conference; which being ended, the House was resumed.
Message from the H. C. with a Bill, and desiring others might be dispatched.
A Message was brought up from the House of Commons, by Jo. Hampden, Esquire; who brought up a Bill, which had passed the House of Commons, intituled, "An Act against the enjoying of Pluralities of Benefices, by Spiritual Persons, and Non-residency;" and desired their Lordships would give such Dispatch to the Three Bills lately sent up,
"1. Concerning the Star-chamber and the Privy Council.
"2. Concerning the High Commission Court.
"3. Concerning disarming of Recusants;" as may stand with their Lordships Conveniency.
Bill against Pluralities.
Hodie 1a vice lecta est Billa, An Act against the enjoying of Pluralities of Benefices, by Spiritual Persons, and Non-residency.
The Earl of Bristoll reported the Conference, what Resolutions the House of Commons have taken concerning the closing up of the Treaty with the Scotts.
The Proviso was read, which was added to the Article directing the Act of Oblivion, (fn. 1) which the House of Commons have voted and assented unto: videlicet,
"Providing that the Benefit of the said Statute shall no ways be intended to any of the Scottish Prelates, or to John Earl of Trequaire, Sir Robert Spottiswood, Sir John Hay, and Mr. Walter Belcanqual, cited and pursued as Incendiaries betwixt the King and His People, and for Bribery, Corruption, and many other gross Crimes contained in their Charges, general and special, nor to any other Persons who are cited, and shall be found by the Parliament of Scotland, in His Majesty's or His Commissioners their own Hearing, to be so extraordinarily guilty of these and the like Crimes, as they cannot with Justice, and with the Honour of the King and Country, pass from them.
"To the Fifth Article, concerning the Proposition for Peace, the House of Commons desire these Words to be added, [According to the Necessity of the Occasion, and the respective Abilities of the Kingdoms"].
"To the Ninth Article in the Proposition for Trade, concerning mutual Capacities, the House of Commons have resolved to adhere to their former Answer to that Article. To which this House likewise (fn. 2) adheres.
"That it may be declared that such Scottish Natives, incensing the King in England against the Kingdom of Scotland, shall be remanded, at Desire of the Scottish Parliament, into Scotland, to abide their Trial and Censure there."
This House taking these Resolutions of the Commons into Consideration;
Resolutions upon the Report of the Conference concerning the Treaty.
Resolved, upon the Question,
That this Proviso aforementioned shall be added to the Article directing the Act of Oblivion.
Resolved, upon the Question,
That this Clause, ["According to the Necessity of the Occasion, and the respective Abilities of the Kingdoms,"] be added to the Article of Mutual Assistance.
Resolved, upon the Question,
That this Clause, which hath been voted by the House of Commons, touching the remanding, shall be added.
Scots Commissioners to be acquainted with them.
This being done, the Lords Commissioners had Power from this House to acquaint the Scotts Commissioners with these Resolutions of both Houses.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 21m diem instantis Junii, hora 9a, Dominis sic decernentibus.