House of Lords Journal Volume 4: 20 July 1641

Pages 320-321

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 Martis, videlicet, 20 die Julii.


Draining the Fens.

Ordered, That the Committee for draining of the Fens are to meet on Thursday next, in the Afternoon.

Poll-money paid by the Lords, to be accounted for.

Ordered, That Mr. Parramour do give this House an Account on Friday Morning next, what Lords have paid the Subsidies, and the Poll-money, and who have not.

Plymouth Bill.

Hodie 2a vice lecta est Billa, An Act for the Confirmation of His Majesty's Letters Patents to the Town of Plymouth, and for dividing the Parish and building of a new Church there.

Committed to these Lords following: videlicet,

Comes Bathon.
Comes Bedford.
Comes Essex.
Comes Devon.
Comes March.
Comes Bristoll.
Epus. Lincolne.
Epus. Exon.
Epus. Bath. & Wells.
Ds. Wharton.
Ds. North.
Ds. Roberts.
Ds. Pawlett.
Justice Foster and Assistants.
Justice Mallet,

Any Four of their Lordships to meet on Monday next, in the Afternoon.

Bill from the H. C.

A Message sent from the House of Commons, by Sir Robert Harley; who brought up a Bill, which had passed that House, for freeing Five Counties from the Jurisdiction of the Marches of Wales.

Message from the King, to acquaint the House that the French Ambassador would receive such of the disbanded Army as he could agree with.

Then the Speaker acquainted the House from His Majesty, "That the French Ambassador hath moved His Majesty, that He would give Leave that, upon the disbanding of the English Army, he might entertain such Troops and Companies as he could agree with; His Majesty is desirous herein to hear the Advice of His Parliament, before He return His Answer unto the French Ambassador."

Hereupon it was Ordered, That this should be communicated to the House of Commons, at a Conference.

A Message was sent to the House of Commons, by Serjeant Ayliff and Serjeant Fynch:

Message to the H. C. for a Conference, on this Subject.

To desire a present Conference, by a Committee of both Houses, touching a Message from the King.

The Earls of Bath and Bristoll were appointed to speak at the Conference.

Letter from the Lord General, about disbanding the Army.

Then a Letter which was sent to the Earl of Essex from the Lord General was read, concerning the disbanding of the Army, and the adjusting of the Accounts between the Country and those Regiments that are disbanded.

The Answer which was returned from the House of Commons was:

Answer from the H. C.

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

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being done, the House was resumed; and the Earl of Bristoll reported, "That he had delivered at the Conference what he (fn. 1) was commanded by this House."


Then it was Resolved, on the Question, by the major Part, That the Bill against Pluralities shall precede the Bill for regulating of Bishops, etc.

Upon this, the House was put into a Committee during Pleasure, for the debating of the Bill against Pluralities.

The Bill was read; and, after some Consideration thereof, the House was resumed; and it was Ordered, That the said Bill be further debated To-morrow Morning.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

Message from the H. C. for further Conference, concerning the Ten Heads.

To desire that the Standing Committee of this House for the Ten Heads may meet with the Standing Committee of the House of Commons, at such Times as their Lordships shall appoint.

Answer was:


That the Committee of Lords will meet at Five a Clock this Afternoon, as is desired, in the Painted Chamber.

Bill from the H. C.

A Message was brought from the House of Commons, by Mr. Bellasis; who brought up a Bill, which had passed that House, intituled, "An Act for the securing of such Monies as are or shall be due to the Inhabitants of the County of Yorke, and the other Counties adjoining, wherein His Majesty's Army is or hath been billeted, for the Billet of the Soldiers of the said Army, as also to certain Officers of the said Army who do forbear Part of their Pay, according to an Order in that Behalf in the Commons House of Parliament this present Session, for such Use of their Part as they shall so forbear."


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

Post meridiem.


Prisoners is Ludgate.

Ordered, That the Cause concerning the Prisoners of Ludgate shall be heard on Thursday Morning next, before the Committee for Privileges.

Sir Henry Worsley's Cause.

Ordered, That Mr. Justice Reeves and Mr. Justice Heath shall be excused from attending this House, or Committees, in the Afternoon, on Friday next, that they may dispatch the Business of Sir Henry Worscley, which is referred to them.

Act for Certainty of the Forests.

Hodie 1a vice lecta est Billa, An Act for the Certainty of Forests, and of the Meers, Metes, Limits, and Bounds of the Forests.

Bishop of Ely's Impeachment brought up.

Then the House resolved to go to the Conference appointed Yesterday, concerning the Bishop of Ely; and the Lord Privy Seal, Earl of Bathon, Bishop of Lincolne, were appointed to report the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lord Privy Seal reported, "That the House of Commons, at the Conference, brought up an Impeachment, containing divers Articles, against Matheaw Wren, Bishop of Ely; and they desired that he might answer the same with all convenient Speed, and be proceeded in, in a Parliamentary Way; and further reported some Resolutions of the House of Commons concerning [ (fn. 2) the said] Bishop; but they desired that they should be thought only as an Opinion of theirs, not as a Mulct upon him; videlicet,

Opinion of the House of Commons concerning him.

"That the Opinion of that House is, That Mathew Wren, Bishop of Ely, is unfit and unworthy to hold or continue any Spiritual Promotion or Office in the Church or Commonwealth.

"Also they desired this House to join with them, to move His Majesty, That the said Bishop of Ely may be removed from his Person and Service."

Accusation of the Commons against Inigo Jones.

And further his Lordship reported, "That the House of Commons likewise, at this Conference, had delivered in to their Lordships a Declaration against Inigo Jones, for pulling down St. Gregorie's Church, near St. Paul's Church, and desired he might be called to answer the same, and to be proceeded therein according to Justice."

Report of the Conference, for the Ten Heads, concerning the Five Propositions.

This being done, the Earl of Bristoll reported, "That the Committees of both House for the Ten Heads met, and the House of Commons have presented to their Lordships Five Propositions, which they desire may be added to the other Ten Heads; and that their Lordships, after Consideration of them, would join with them to move His Majesty therein. The Heads were these: videlicet,

Order about Popish Priests.

"The House of Commons doth declare, That no Foreign Ambassador whatsoever ought to shelter or harbour any Popish Priests, or Jesuits, that are Natives of the King's Dominions, under Pretence of being their Servants, or otherwise; and that the select Committee of their House for the Ten Propositions shall present this Declaration to the Committee of this House, to the End that their Lordships may join with them to petition His Majesty, that this may accordingly be observed.

Commission for raising Men in Ireland.

"2. That Care may be taken concerning several Commissions granted for the levying of Men in Ireland, to the Number of Fourteen Thousand Men, as is informed, and all of them Papists, to the End to be transported (as is conceived) to Princes not wellaffected to this Kingdom; and that Popish Commanders may not have such Power by Commissions as is of late granted unto them.

No Papist to be entrusted with the Care of a Fort, or be Keeper of Forests, &c.

"3. Also, That no Papist hereafter may have the keeping of any Castle, Fort, Chace, Forest, Park, or Walk, within England or Wales; and that such as are in Possession may be outed according to Law.

The King to spare Gunpowder to the H. C.

"4. That the King be moved, to let the House of Commons have such Gunpowder out of His Majesty's Store as may be spared; and they will pay after the Rate of Ten Pence per Pound for it, as soon as they can get Monies.

Arms to be restored to the several Counties.

"5. And lastly to move His Majesty, That the Arms which have been taken from the several Counties may be restored to them; and, if His Majesty can spare any Arms out of His Store, they will buy them."

Both Houses to move His Majesty concerning these Propositions.

Hereupon this House, taking the said Five Propositions into Consideration, Ordered, To join with the House of Commons, humbly to move His Majesty, that He would please to assent to them.

To this Purpose, these Lords following were appointed: videlicet,

Committee for that Purpose.

Earl of Essex.
Earl of Warwicke.
Earl of Cambridge.
Earl of Bristoll.
Lord Viscount Say & Seale.

Smitter, &c. released.

Upon the humble Petition of William Smyter, William Shepheard, Toby Gratwicke, George Eure, Hugh Barcoke, Tho. Lowe, George Pitcher, and Edward Symonds, acknowledging the Proceedings and Sentence of this House against them, for their Misdemeanors, to be just, and expressing their great Humility and Sorrow for the same, desiring the Favour of this House towards them; it is Ordered, That the said Petitioners shall be freed and released from their present Restraint and Imprisonment, which they lie under by Order of this House.

Noye's Cause.

Ordered, That the Cause of Noye is recommended to the Lord Keeper, to be proceeded in that Court according to Justice; and that the said Noye be admitted in forma pauperis, and have a Commission to examine Witnesses in the Country concerning his Cause.


Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 21m instantis Julii, 1641, hora nona Aurora, Dominis sic decernentibus.


  • 1. Deest in Originali.
  • 2. Bis in Originali.