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, 10 die Augusti.
Act authorizing Commissioners to give the Royal Assent to Bills in the King's Absence.
The Commission for giving the Royal Assent to Bills in the King's Absence was read; and it was agreed it should be (fn. 1) sent to the House of Commons.
To let them know, That the King will stay a convenient Time this Morning, to pass the Royal Assent to such Bills as are ready, so as He may go to Stamford this Night: And further, to carry down the Commission to the House of Commons; and to desire them to dispatch the Bill that enables this Commission; and lastly, to tell them, that this House hath passed the Bill for the Public Faith.
Answer from the H. C.
Bill concerning the Clerk of the Market, and preventing false Weights, etc.
Trial of L. 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 come Sevennight; and that Notice hereof be given to the Lord Morley's Side; and that the Committee for Privileges do consider of the Manner of the said Trial.
L. Herbert Leave to be absent.
Message from the H. C. with Bills, and for a Conference about the Commission for passing Bills in the King's Absence.
A Message brought from the House of Commons, by Mr. Nathaniell Fynes; who brought up the Bill for the Treaty, dispatched; and to desire, That His Majesty may be moved to pass the Royal Assent to the Bill concerning Gunpowder; and lastly, desired a Free Conference, by a Committee of both Houses, touching the Bill for the strengthening of the Commission to give the Royal Assent to Bills in the King's Absence.
Lords Reporters appointed.
Committee to move the King for the Royal Assent to the Gunpowder Act.
Then the Lord Chamberlain, Comes Dorsett, Lord Viscount Say & Seale, and the Lord Savill, were appointed to go to the King presently, and move Him, That He will be pleased to pass the Royal Assent to the Bills for Gunpowder, Clerk of the Market, and Knighthood; and to let His Majesty know, That the Bill concerning the Treaty is brought up, and hath passed both Houses.
The House was adjourned during Pleasure, the Lords went to the Conference; which being ended, the Lord Privy Seal reported, "That the House of Commons had returned the Commission, and the Act to enable the Commission, with some Amendments; and desired that some Additions might be made both to the Commission and the Act; for the House of Commons conceive they are both too particular, and not general enough, which (fn. 2) may be very prejudicial.
Reasons for Amendment of the Commission and Act to pass Bills.
Answer from the King.
Message from the H. C. to move the King to postpone His Journey for a short Time.
To desire their Lordships, that the King may be moved, to stay until the Commission for passing Acts in His Absence be perfected, because His Majesty did promise to stay a convenient Time for passing the Bill to enable the Commission.
His Majesty was this Day present in this House: and, sitting in His Chair of State, the Gentleman of the Rod was sent, to call the House of Commons; who being all come, with their Speaker, the Clerk of the Crown read the Titles of these Bills following, severally: videlicet,
Memorandum, His Majesty hoped, That the Parliament would consider of a Bill for making of good Gunpowder, and for preserving the Salt-petre Works for the Defence of this Kingdom; if they did not, He professes Himself to be clear of the Inconveniences which else will follow.
An Act for the assuring of a Messuage called Duresme House, alias Durham House, and certain Stables, part of the Possessions of the Bishop of Duresme, situate in the Parish of St. Martin's in the Fields, in the County of Middlesex, unto the Right Honourable Phillip Earl of Pembrooke and Mountgomery and his Heirs, and of a Yearly Rent of Two Hundred Pounds per Annum to the said Bishop of Duresme and his Successors in Lieu thereof.
Election of a Speaker of the House.
Declared and Voted by this House, nemine contradicente, That it is the certain and undoubted Right of this House to choose their Speaker; and the Speaker is not to depart when this House sits, without the Leave of this House.
Acts for the Scots Money, and for the Treaty to be exemplified.
Ordered, That the Two Acts of Parliament, the one for the Brotherly Assistance, the other for the Confirmation of the Treaty between the Two Kingdoms, shall be transcribed into the Chancery, by Writs of Certiorari, directed to the Clerk of the Parliament; and shall be exemplified by the Clerks of the Petty Bag, in a Secretary Hand; and this to be the Warrant in that Behalf.
The Scots desire their Army may pass through Berwick.
The Lords Commissioners reported, "That the Scotts Commissioners desire them to represent to the King's Majesty and the Parliament, that, in respect of the great Rain, which hath been in the North, whereby the Cannon cannot be carried through Kynsydmure, nor can the Scottish Army cross the River of Tweed, His Majesty may be graciously pleased, with Consent of the Parliament, to permit the Scottish Army to march through Barwick, since there is no other Passage."
The House, taking this Desire into Consideration, did appoint the Lords Commissioners to speak with the Scottish Commissioners, and propose unto them the making of a Passage for their Army over The Tweede with a Bridge, which the Lord General shall have Order to make.
Message to the H. C. to sit P. M.
Upon reading the Petition of the Governors of Sutton Hospital, desiring to have certain Lands restored to them in the Fens, taken from (fn. 3) them by the Defendants; it is Ordered, That the Consideration of this Cause be referred to the Committee for Petitions, to be heard on Thursday come Sevennight, in the Afternoon; and the Defendants to have a Copy of the Petition.
Serjeant Glanvile Leave to be absent.
Ld. Rich's Privilege. Camock's Arrest. Phillips discharged.
Upon the Petition of Thomas Phillips, committed to The Fleet by Order of this House, for arresting Tho. Camocke, Servant to the Lord Rich, contrary to the Privilege of Parliament; it is Ordered, That the said Tho. (fn. 4) Phillips (upon his Submission) be forthwith released and discharged from his present Imprisonment, concerning this Business.
Ld. Chief Justice of the King's Bench, Leave to be absent.
Vicarage of Bucknell.
Ordered, That the Lord Bishop of Hereford shall have Power, by virtue of this Order, to put in a Third Man, to supply the Cure of the Vicarage of Bucknill; and that Powell shall go on in his Quare Impedit in Lent Assizes next, or else lose the Benefit of the former Order made by this House in this Cause; and that the Sequestration of the Profits of the said Vicarage shall continue until the Trial be ended.
Message from the H. C. for a Conference about disbanding the Armies.
Lords Reporters appointed.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lord Privy Seal reported the Effect of this Conference; which was, "That whereas it was formerly intimated at a Conference, that the Scottish Commissioners declared, That their Army would draw themselves into a Camp, and begin to march away out of this Kingdom within Eight and Forty Hours after they had received the Monies of Arrears at Newcastle, and the Eighty Thousand Pounds in Part of the Brotherly Assistance, and had Security for the Payment of the rest; the House of Commons having now paid them all their Arrears at Newcastle, and Eighty Thousand Pounds in London, and have performed all that was agreed to be performed by them, they desire, that the Lords Commissioners may move the Scotts Commissioners, in the Name of both Houses of Parliament, that their Army may march away, according to their Promise.
"And further, the House of Commons desires this House would join with them, to write Letters to the Lord General of the King's Army, to disband the Horse and Foot presently, that so Peace may be fettled, and Jealousies removed."
Tonnage and Poundage Bill.
A Message from the House of Commons, by Mr. Solicitor St. Johns; who brought up a Bill, intituled, "A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported:" And desired that this Bill might pass by a special Commission; and that the said Commission may be issued out before His Majesty be out of this Kingdom, in His Journey towards Scotland.