House of Lords Journal Volume 4: 14 July 1641

DIE Mercurii, videlicet, 14 die Julii.

PRAYERS.

Sir Geo. Ratcliffe's Petition, concerning Osbaltion's Estate.

Upon the humble Petition of Sir George Radcliffe, Knight, concerning the passing over of the Estate formerly intrusted in him and others from Sir Richard Osbalston, deceased, according to an Order of this House; it is Ordered, That the said Petition and Cause shall hereby be referred to the Committee for Petitions; whose Lordships, having considered of the same, are to make Report thereof unto this House; and then their Lordships will proceed according to Justice.

Sir Jo. Lucas's Cause.

Ordered, That the Delinquents in Sir Jo. Lucas's Cause shall be bailed, to appear before this House de die in diem.

Mr. Smart versus Dr. Consens, et al.

After this, the House began to hear the Cause of Peter Smarte, Clerk, upon the Impeachment brought up from the House of Commons against Dr. Cosens and others; the Cause was first opened by Counsel at the Bar, and then they proceeded to prove the Particulars by Witnesses:

As First, "concerning the placing of an Altar in Durham Church, and taking away the Communion Table, etc.

To this Mr. Wright was produced upon Oath, to prove (fn. 1)

The Second Article was, "concerning Dr. Cosens bowing and officiating towards the East, with his Back to the People, and several other Postures which he used before the Altar."

Witnesses:

Wm. Wright,
Ant. Allen,
John Lovely,
Wm. Smith.

The Third Charge was, "for changing the Time of the Morning Service at Six a Clock, and causing it to be said in the Body of the Church, etc."

Wm. Wright and Anthony Allen, Witnesses.

The Fourth Article, "for setting up divers new Images in the Church, and for renewing and gilding the old Images."

Wm. Wright,
Anthony Allen, and
Tho. Atkinson, Witnesses.

The Fifth Article, "for setting up Multitude of Candles in the Church, especially more upon Candlemas Night and All Saints Night."

Wm. Smith,
Anthony Allen,
Jo. Salvin, and
Jo. Loveley, Witnesses.

The Sixth Article, "for prohibiting Psalms to be sung in Metre, and procuring Songs and Anthems to be sung of the Three Kings of Cullen."

Wm. Wright, and
Richd. Hutchingson, Witnesses.

The Seventh Article, "for setting up Pictures about the new Font, as the Picture of a Dove, etc. and this was before Mr. Smarte made his Sermon."

Wm. Wright,
Robert Kinge, Witnesses.

The Eighth Article, "for crossing the Cushion upon the Altar, and consecrating the Knife which cuts the Bread."

Jo. Lovely, Witness.

Here the Cause was interrupted.

A Message was brought from the House of Commons, by Mr. George Goringe:

Message from the H. C. to sit P. M.

To let their Lordships know, that the House of Commons intends to sit this Afternoon; and they desire their Lordships would sit likewise, if it may stand with the Conveniency of this House.

Answer returned was:

Answer.

That this House will (fn. 2) sit this Afternoon, at Four a Clock.

Mr. Smart versus Dr. Cosens et al.

Ordered, That Mr. Smart's Cause shall be further heard on Friday Morning next.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis die, hora 4^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Committee for Privileges.

Ordered, That the Committee for Privileges do meet on Saturday next, in the Afternoon.

Letters about disbanding the Army.

The Earl of Essex signified to the House the Effect of the Letters which he hath lately received from the Lord General, touching the disbanding of our Army, that a Third Part thereof was already disbanded.

Upon this, (fn. 3) the House Resolved, To have a Conference, by the select Committee of both Houses, for disbanding the Armies; and that the Earl of Essex should communicate the same to the House of Commons, at that Conference.

Message from the H. C. for a Conference on that Subject.

Then a Message was sent to the House of Commons, by Sir Edw. Leech and Dr. Bennett:

To desire a Conference, by the select Committee of both Houses for disbanding the Armies, concerning the disbanding of our Army.

Bill concerning the Clerk of the Market, and Reformation of false Weights and Measures.

Hodie 2^a vice lecta est Billa, An Act for the better ordering and regulating of the Office of Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of false Weights and Measures.

Committed to these Lords following:

Their Lordships, or any Five or more, to meet this Afternoon.

Plymouth Bill.

Hodie 1^a vice lecta est Billa, An Act for the Confirmation of His Majesty's Letters Patent to the Town of Plymouth, and for dividing of the Parish, and building of a new Church there.

Message from the H. C. for a Conference concerning the Queen's Journey.

A Message was brought from the House of Commons, by Viscount Cranborne:

To desire a Conference presently, if it may stand with their Lordships Conveniency, by a Committee of both Houses, touching the Queen's Journey.

The Answer was;

Answer.

That their Lordships will give a Meeting presently, in the Painted Chamber, as is desired.

Lords to report the Conference.

The Lords appointed to report the Conference were:

The Earl of Sarum.
Earl of Bristoll.
Lord Viscount Say & Seale.
Episcopus Lincolne.
Dominus Wharton.

E. of Mulgrave's Cause.

Ordered, That the Earl of Mulgrave's Cause shall be heard before the Committee on Monday next, in the Afternoon; and the Feoffees of the Earl of Strafford to have Notice to attend.

Lugg and Battyne versus Dunn.

It is Ordered, That Henry Lugg and Richard Battyne, Petitioners unto this House, shall forthwith attend the Prince's Attorney, with their Petitions lately exhibited unto this House, wherein are mentioned Proceedings at the Common Law against Robert Dun, etc. who pretends some Privilege by the Stannaries; and that the Prince's Attorney, having considered of the said Petition, and a former Order of this House touching this Matter, shall, with all convenient Speed, return in his Answer unto this House touching the same; and, if it shall appear that the Prince's Name is only used therein, then the Petitioners shall be left to their Course in Law; otherwise the said Dun and others shall enjoy their Privileges, according to the said former Order.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being (fn. 4) ended, the Lords returned; and the House being resumed, the Earl of Bristoll reported the Conference; which was to this Effect: videlicet,

Report of the Conference, concerning the Queen's Journey beyond Sea.

"That the House of Commons takes Notice, that the Queen's Majesty intends to take [ (fn. 5) a Journey] beyond the Seas; which they think will be inconvenient to this Kingdom; and that for these Reasons following:

Reasons against it.

"There is great Cause to doubt the Papists have some Design upon Her Majesty's Journey, because they are informed that divers of them have sold Lands to a good Value, and used other Means to get ready Money; it is observed some of them are very diligent in gathering great Quantity of Gold; it is informed that more than an ordinary Number of Papists are gone beyond Sea already, and those of the better Sort.

"2. The great Number of English Fugitives now beyond the Sea, who, by their late Designs and Practices, are known to be full of Malice to this State, and will no doubt seek all Opportunities of Access to Her Majesty, and, as much as they can, labour to infuse into Her such ill Counsels as may trouble the Peace of the Kingdom, whereby at this Time there is more Danger, because the Peace and Affairs of the Kingdom are not yet fully settled; and, upon disbanding of the Army, all Parts are like to abound with Soldiers, and such others as will be apt to be provoked to Tumults and Seditions, especially in the Time of the King's Absence in Scotland.

"3. That they have received Information of great Quantity of Treasurer, in Jewels, Plate, and ready Money, already packed up, to be conveyed away with the Queen, not only in such Proportion as the Occasion (due Respect being had to the Honour and Greatness of Her Majesty's Person) may require, but in a far greater Quantity; and that divers Papists and others, under Pretence of Her Majesty's Goods, are like to convey great Sums of Money, and other Treasure, beyond the Sea, which will not only impoverish the State, but may be employed to the fomenting of some mischievous Attempts, to the Disturbance of the public Peace.

"4. As it will be a great Dishonour to the State if Her Majesty should not be attended and furnished suitable to Her Quality, so it will be a very heavy Burthen, in this Time of great Necessity and Occasions of other public Charges, if She shall be provided in so Royal a Manner as shall be fit for Her Majesty, and the Honour of the King and Kingdom.

"5. That because we understand by Sir Theodore Mayerne, that a chief Cause of Her Majesty's Sickness and Distempors proceeds from some Discontent of Her Mind, the House of Commons have thought good to declare that, if any Thing within the Power of Parliament may give Her Majesty Contentment, they are so tender of Her Health, both in due Respect to His most excellent Majesty and Herself, that they will be ready to further Her Satisfaction in all Things, so far as may tend with that public Trust, to which they are obliged.

"6. They humbly conceive that it may be some Tax and Dishonour to this Nation, if Her Majesty should, in this unseasonable Time, go out of the Kingdom upon any Grief or Discontent received here; and therefore they shall labour, by all good Means, to take away and prevent all just Occasions of Her Majesty's Trouble, in such Manner as may further Her Content, and therein Her Health, which will be a very great Comfort and Joy to themselves, and the rest of His Majesty's loving Subjects.

"The House of Commons desired that their Lordships would join with them herein, and appoint some Lords to move His Majesty, to know what Time He will please to appoint that both Houses may wait on His Majesty, to propose and present these Propositions to His Majesty.

"And that some Lords do move the Queen, to know what Time Her Majesty will please to appoint a Committee of Lords and Commoners, and what Number She please, to wait on Her, to express their Duty and Affections to Her.

Committee to attend the Queen, to know Her Pleasure, when She will be attended by Committees of both Houses, concerning Her Journey.

For this Purpose these Lords following were appointed by this House:

Ordered, That this House doth join with the House of Commons, concerning all these Propositions and Desires.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 15^m diem instantis Julii, hora 9^a Aurora, Dominis sic decernentibus.