House of Lords Journal Volume 4: 4 August 1641

Pages 339-341

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, 4 die Augusti.


Byarley and Davenport's Bill.

The Earl of Huntingdon reported, That the Committee do think Mr. Byarley's Bill fit to pass as (fn. 1) it is.

Sir Alexander Denton's Bill.

The Earl of Bath reported Sir Alexander Denton's Bill fit to pass, as it came from the House of Commons.

Biarley and Davenport's Bill

Hodie 3a vice lecta est Billa, An Act to settle the Manors of Belgrave, and other Lands, in the County of Leycester, to and upon William Biarley, Esquire, his Heirs and Assigns, for and towards Payment of the Debts of William Davenport, Esquire, deceased.

And, being put to the Question, it was Resolved to pass as a Law.

Sir Alexander Denton's Bill.

Hodie 3a vice lecta est Billa, An Act to enable Sir Alex. Denton, Knight, to sell the Manor of Great Barvard, alias Barford St. Michaell, and other Lands in this present Act mentioned, for the Payment of his Debts, and Preferment of his younger Children

And, being put to the Question, it was Resolved to pass for a Law.

A Message was brought from the House of Commons, by Sir John Culpepper:

Message from the H. C. for an Answer to their former Message about a Regency.

That the House of Commons did, on Friday last, desire this House would join with them, to petition His Majesty, that He would be pleased to grant a Commission to One or more Person or Persons, to have the Power of a Custos Regni, or Locum Tenens, during His Absence out of this Kingdom; which being a Business of great Consequence, the House of Commons desires their Lordships would return them an Answer as soon as conveniently may be.

The Answer hereunto was:


That their Lordships will, with as much convenient Speed as they can, send an Answer by Messengers of their own.

Then the Earl of Bristoll reported the Scotts Commissioners Answer to the Propositions made to them from the Parliament

Report of the Answer of the Scots to the Propositions.

"1. Concerning the marching away with their Army the 9th of August next:

"They say they cannot possibly propound a certain Day, because they know not when the certain Days are of receiving their Monies from us, but they will declare it that, within Eight and Forty Hours after they have received their Money for Arrears, and the Eighty Thousand Pounds in Part of the Brotherly Assistance, whereby they may pay the Arrears which they owe to the Northern Counties, they will begin to march out of this Kingdom, and not sit down untill they are over Tweede; and then they will disband.

"And as for the Debts which they owe to the Northern Counties, being Eight and Twenty Thousand Pounds, which is to be paid out of the Eighty Thousand Pounds, they say, if the Country will be contented to be paid the same by the Parliament out of the Eighty Thousand Pounds, they will be contented with it, and take it in Part of Payment of the Eighty Thousand Pounds; else, without the Arrearages and the Eighty Thousand Pounds, they cannot disband."

Message to the H C for a Conference; about disbanding the Armies.

With which Answer of the Scotts this House thought it fit to acquaint the House of Commons, (fn. 2) at a Conference. And a Message was sent to the House of Commons, by Justice Heath and Justice Mallett.

To desire a present Conference, by a Committee of both Houses, touching the disbanding of the Armies.

Letter from the Speaker of the House of Lords in Ireland to the Speaker of this House.

Committee to shew it to the King, and to desire the Irish Business may be stayed, and levying Men there stopped

Then a Letter, dated the 27th of 1641, was read, sent from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England. And because the House conceived this Letter intrenched upon the Jurisdiction and Privilege of this House, therefore it is Ordered, That the Lord Chamberlain, Earl of March, Earl of Bristoll, and the Lord Viscount Say & Seale, do attend the King, and shew Him this Letter, and desire Him from this House, that He will be pleased to make Stay of the passing of those Acts of Grace and Favour that are in Treaty concerning the Kingdom of Ireland, until this Business be determined in this House, and further, to humbly desire, that the levying of the Fourteen Thousand Soldiers in Ireland may be stayed, if it be not already done.

Then these Lords following were appointed to have Power from this House, to search Records and Precedents, concerning Ireland's Dependency upon this Kingdom, and to report the same to this House. videlicet,

Committee to search for Precedents cocerning the Dependency of Ireland on this Kingdom.

The L. Privy Seal.
Comes Bathon.
Comes South'ton.
Epus. Lincolne.
Ds. Wharton.
Ds. Howard de Charlton.
Ds. Roberts.
Ds. Goringe.
The Lord Chief Justice of the King's Bench, Assistants.
Serjeant Whitfeild, and
Serjeant Glanvile,

Any One of their Lordships may search; and the Officers of the Records are to bring to their Lordships what Records they shall desire.

The Answer to the Message is:

Answer from the H C.

That the House of Commons will give a present Meeting, in the Painted Chamber, as is desired.

Scots Answer to the Propositions to be communicated to the H. C.

The Earl of Bristoll is to acquaint the House of Commons, at this Conference, with the Scotts Answers to the Propositions; and his Lordship is to be excused for his Attendance in this House for Two or Three Days, to finish and draw up the Treaty, and to present the same to this House.

Conference about disbanding the Armies &c. reported.

Then 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 reported, "That he had delivered at this Conference what he was commanded by this House."


The House was turned into a Committee during Pleasure, to consider whether the debating of the Business of the Custos Regni, or the Conference with the House of Commons concerning the Word ["declare"] in the Printed Paper, shall be first proceeded in. And, after much Debate, the House was resumed; and it was Resolved, That the Business of the Custos Regni was to have Precedency.

House to be called P. M.

Ordered, That the Business of the Custos Regni shall be debated this Afternoon, and that the House be called; and those Lords that cannot give a good Account of their Absence, are to be liable to a Fine.

A Message was brought from the House of Commons, by Sir John Culpepper:

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

To let their Lordships know, That they intend to sit this Afternoon; and they desire this House to sit likewise.

Answer returned was:


That this House will sit this Afternoon, at Three of the Clock, as is desired.



Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, hora 3a, Dominis sic decernentibus.

Post meridiem.


The House called.

The House was called, and these Lords were absent:

The Lord Cottington, a Proxy.
The Lord Herbert de Cherbery.
The Lord Mohun, Leave to be absent.
The Lord Lovelace, Leave to be absent.
The Lord Fauconbridge, Leave to be absent.
The Lord Craven, extra Regnum.
The Lord Deincourt, a Proxy.
The Lord Mountague, Leave to be absent.
The Lord Kymbolton.
The Lord Digby, Leave to be absent.
The Lord Arundle de Wardour, Leave to be absent.
The Lord Willoughby de Parham.
The Lord Rich, Leave to be absent.
The Lord Wharton.
The Lord Evers, Proxy.
The Lord Cromewell, extra Regnum.
The Lord Hastings.
The Lord Dudley, Proxy.
The Lord Willoughby de Earseby, Leave to be absent.
The Lord Bishop of Chichester, attending the Prince, excused.
Lord Bishop of Bristoll.
Lord Bishop of Carlile, Leave to be absent.
Lord Bishop of Cov. & Litchfeild, sick, excused.
Lord Bishop of London, sick, excused.
Lord Viscount Conway.
Lord Viscount Say & Seale, excused, being upon the King's Service.

Comes St. Albanes, Leave to be absent.
Comes Thanet.
Comes Newport.
Comes Carnarvan.
Comes Kingston, a Proxy.
Comes Dover.
Comes Newcastle, a Proxy.
Comes Monmouth.
Comes Danby.
Comes Mulgrave, a Proxy.
Comes Cleaveland.
Comes Westmerland.
Comes Clare.
Comes Holland, Leave to be absent.
Comes Denbigh.
Comes Carlile.
Comes Warwicke, excused.
Comes Dorsett.
Comes Suffolke.
Comes Bedford.
Lord Chamberlain, excused, being upon the King's Service.
Lord Steward, excused.
Lord Marquis of Winchester.

Absent Lords to pay to the Poors Box.

Ordered, That every Lord now absent is to pay Twenty Shillings to the Poors Box.

Trial of Lord Morley.

Ordered, That the Trial of the Lord Morley, touching the Death of Captain Peter Clarke, shall be heard in this House at the Bar, on Wednesday the 11th of this Month of August in the Morning; but, in the Interim, the Committee for Privileges are to meet, and consider of the Manner of the Proceedings in this Cause; and that all Parties interested, Witneses, and others formerly appointed to appear in this Cause, do take Notice hereof, and attend the Hearing accordingly.

Report concerning the Irish Soldiers for the Spanish Service.

The Lord Keeper reported from the King, That His Majesty refers to the Consideration of this House how many Men the Spanish Ambassador shall transport out of Ireland, for to serve the King of Spaine.

Hereupon it was Ordered to be referred to the Lords Committees of the Ten Heads; and they to let the Committee of the House of Commons know, That this House inclines to Three Thousand Men.

A Message was brought up from the House of Commons, by Serjeant Wylde:

Message from the H C with the Impeachment against the Thirteen Bishops.

"That the Knights, Citizens, and Burgesses assembled for the Commons in Parliament, did represent to their Lordships, That Walter Bishop of Winton, Robert Bishop of Coventry and Litchfeild, Godfrey Bishop of Glocester, Joseph Bishop of Exon, John Bishop of St. Asaph, William Bishop of Bath and Welles, George Bishop of Hereford, Mathew Bishop of Ely, Robert Bishop of Bristoll, Wm. Bishop of Bangor, John Bishop of Rochester, John Bishop of Peterborough, Morgan Bishop of Landaph, did, with Wm. Laud, Archbishop of Canterbury, together with others of the Clergy of the Province of Cant, at the Convocation or Synod for the said Province begun at London in the Year 1640, (fn. 3) contrive, make, and promulge, several Constitutions, and Canons Ecclesiastical, containing in them divers Matters contrary to the King's Prerogative, to the fundamental Laws and Statutes of this Realm, the Rights of Parliaments, the Propriety and Liberty of the Subject, and Matters tending to Sedition, and of dangerous Consequences; and did also, at the said Synod, grant a Benevolence, or Contribution, to His Majesty, to be paid by the Clergy of the said Province, contrary to Law, which said Canons, Constitutions, and Grant of the said Benevolence, were accordingly put in Execution, to the great Oppression of the Clergy of this Realm, and other His Majesty's Subjects, in Contempt of the King and Laws of the Kingdom.

"For which Matters and Things, the Knights, Citizens, and Burgesses of the Commons House in Parliament, in the Name of themselves and of all the Commons of England, do impeach the aforesaid Bishops of the said Crimes and Misdemeanors; and do therefore pray, that they may be forthwith put to their Answers, in the Presence of the said Commons now assembled in Parliament; and that there may be such further Proceedings had therein, as shall be agreeable to Law and Justice."


After this was read the Paper sent up from the House of Commons concerning the Custos Regni; and, for the better Debate hereof, the House was adjourned into a Committee during Pleasure; and, after much Consideration, whether a Commission to a Custos Regni in the King's Absence, or some Parliamentary Power, were more convenient and best, it was Resolved, That a Parliamentary Power by Commission to do such Things as should be thought by the Parliament was best.

Committee to draw up Heads for a Conference on this Subject.

The House being resumed, these Lords following were appointed to draw up Heads which were fit to be propounded to the House of Commons at a Conference, concerning this Business: videlicet,

The L. Keeper.
The L. Privy Seal.
Comes Bathon.
Comes South'ton.
Comes Pembrooke.
Comes Warwicke.
Comes Cambridge.
Comes March.
Comes Bristoll.
Comes Berkshire.
L. Viscount Saye & Seale.
Epus. Lincolne.
Epus. Rochester.
Ds. Wharton.
Ds. Pagett.
Ds. Kymbolton.
Ds. Brooke.
Ds. Roberts.
Ds. Savill.
Ds. Goringe.
Ds. Seymour.

Their Lordships, or any Five or more, to meet presently, in the Prince's Lodgings.

The King's Answer about passing the Bills that are ready.

The Earl of Bathon signified to this House, "That the King hath been moved, to appoint a convenient Time to pass His Royal Assent to those Bills which have passed both Houses; and His Majesty answered, That His Counsel shall look over some of the Bills, and give Him an Account thereof, and then He will return a further Answer.

Depredations by the French &c.

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


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 5m diem instantis Augusti, hora nona, Dominis sic decernentibus.


  • 1. Origin. is it.
  • 2. Origin. with at.
  • 3. Origin. did contrive.