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, 11 die Augusti.
Lilborne versus Claxton.
Ld. Howard Leave to be absent.
Smith versus Busby in Error.
Forasmuch as the Cause between Smith and Busby, upon a Writ of Error depending in this House, hath been attended several Days with Counsel; it is now Ordered, That the said Cause shall be argued by Counsel on the Second Tuesday in the next Meeting of Parliament; and that the Judges be desired to be then present at the said Argument; and that the Parties, with their Counsel on both Sides, do attend this House the same Day.
Judges to go the Circuit.
Message to the H. C. for a Conference about sending a Letter to the Ld. General.
To desire that the select Committee of their House concerning the Ten Heads may meet with the same Committee of Lords, about agreeing upon the Letter, which is to be sent to the Lord General, touching disbanding our Army, and other Particulars concerning the Army.
Sir John Conyers recommended by His Majesty.
The Lord Chamberlain signified, "That the King had commanded him to let this House know, That, upon the disbanding of the Army, His Majesty recommends Sir John Conyers to the Consideration of the Parliament, being a Man of good Desert, and hath done very good Service, in taking great Care and Pains to keep the Horse in good Order."
Answer from the H. C.
That they will (fn. 1) give a Meeting presently, by the select Committee for the Ten Heads, as is desired.
Exempting Four Counties from the Marches of Wales.
Ordered, That the Committee concerning the Bill for exempting of the Four Counties from the Jurisdiction of the Marches of Wales shall meet on Tuesday next come Sevennight, and consider of the said Bill; and, if any of the King's or Prince's Counsel do attend the Committee, and desire to be heard, they shall be heard; whereof the Counsel are to have Notice of the aforesaid Day.
French Ambassador desires Leave to levy Troops, for his Master, in England.
Ld. Brooke Leave to be absent.
Ld. Morley for the Murder of Captain Clarke.
Upon Affidavit made by Eliz. Clarke, Widow, "That she hath attended since the 4th of July last, for to have a Day of Trial against the Lord Morley, for the Death of Captain Clarke; besides her great Charge in feeing of Counsel, and keeping her Witnesses in Town, whereof Five material Witnesses are lately gone into the Country upon their own necessary Occasions, and will not return until about Michaelmas; therefore she desired that the Trial may be put off until Michaelmas next:" Hereupon it is Ordered, That (fn. 2) the Lord Morley shall have Sight of this Affidavit this Night; and, if his Lordship do not shew Cause to the contrary To-morrow Morning to this House, the Trial shall be put off until after Michaelmas, and all Proceedings in other Courts to cease in the Interim.
Message from the H. C. concerning the Impeachment against the Thirteen Bishops.
To put their Lordships in Mind of the Impeachment brought up formerly from the House of Commons against Thirteen Bishops. He was commanded to let their Lordships know, That the House of Commons are ready to make the said Impeachment at this Bar; and they desired that their Lordships will appoint a Time when the said Thirteen Bishops shall make their Answer in this House, in the Presence of the House of Commons.
Upon this, the House fell into Debate whether the Impeachment brought up from the House of Commons, against the Thirteen Bishops, were not too general for the Bishops to make Answer to; and, after much Consideration herein, the House Resolved, To have a Conference with the House of Commons concerning the same.
Message to the H. C. for a Conference about the Charge against the Thirteen Bishops.
The Matter of the Conference was: "To offer to the Consideration of the House of Commons, whether the Charge brought up by them against the Thirteen Bishops, for the several Crimes, is not too general for the Bishops to make Answer unto, or this House to ground a Judgement upon; if it be so, then to propound to them, that they form a particular Charge in Writing against the said Bishops, upon the verbal Charge which they have brought; or, that the King's Attorney, by Order from the Lords, do draw up a particular Charge against them ex parte Domini Regis, unto which the said Bishops may make particular Answers, and the Lords proceed to Judgement thereupon."
Ordered, That the Lord Viscount Say & Seale, Lord Bishop of Lincolne, Lord Wharton, Lord Kymbolton, Lord Brooke, and the Lord Herbert de Cherbery, (fn. 3) calling to them Dr. Reeves, the King's Advocate, to assist them, do draw up a Letter, fit to be given in Answer to the Letter of The Hanse Town, and present the same to this House, to receive Approbation.
Sir Richard Wiseman released.
Answer from the H. C.
Conference about the Charge against the Bishops reported.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, this House was resumed; and the Lord Privy Seal reported, "That he had delivered the Matter of the Conference to the House of Commons, as he was commanded; and the House of Commons (fn. 4) are gone to their House, to consider of it, and will return an Answer in convenient Time."
Message from the H. C. to sit P. M.
Propositions about the Treaty with the Scots.
The Earl of Bristoll reported certain Propositions or Memorials, which were delivered to the Lords Commissioners from the Commissioners of Scotland, as are fit to (fn. 5) be perfected upon the Treaty:
"4. To get an Order for Delivery of Two and Forty Thousand Pounds, Part of the Eighty Thousand Pounds; and that the Remainder of the Eighty Thousand Pounds detained for Payment of what is due to the Northern Counties may be secured by Order of the Parliament, so as it may relieve the Scotts at the Counties Hands, if so much shall be found justly owing unto them by those who are intrusted on both Sides with the Accounts; and, if there be not found so much justly owing to the Counties, that the Overplus be paid to the Scotts, and that they may have Acquittances from the Counties.
"5. That the Time for the removing the Scottish Army is to begin after the Receipt of the Arrears, and Payment of the Eighty Thousand Pounds, in Manner aforesaid; and that it is conceived the same will be paid unto them before the 15th Day of August; and that they have Five Days thereafter to draw the Army together into one Body at a Rendezvous, and making themselves ready, with all their Necessaries, to march; and there is thereafter Five Days allowed them to march to Scotland, which will be the 26th of August Instant, during which Space the Maintenance of the Army, of Eight Hundred Fifty Pounds per Diem, for Relief of the Northern Counties, is to be allowed, and paid before the Army march.
"6. To condescend that the Commission for Conservation of the Peace, and the Commission for the Treaty concerning Trade and Intercourse betwixt the Two Kingdoms, do go on; all the remanent Articles to be referred to that Treaty.
"7. To think upon the Warrant and Manner of recalling the Declaration and Proclamations made against His Majesty's Subjects of Scotland; and the Manner and Time of the Public Thanksgiving for the happy Peace and Union of the Kingdoms.
Answers to these Propositions.
"6. To the Sixth, Order shall be given accordingly; of (fn. 6) which the Lord Mandevile will take Care.
Letter from the H. C. to the Lord General.
The Letter which the House of Commons sent to the Lord General, subscribed by their Speaker, was read; and it is Ordered, That the like Letter should be sent from this House, subscribed by the Speaker of this House, to the Lord General: videlicet,
The same sent from this House.
"Your Excellency hath lately received Order from the House of Lords assembled in Parliament, for the speedy disbanding of the Horse of His Majesty's Army, which they hope is in good Forwardness. His Majesty hath now given His Royal Assent to the Acts for the Conclusion of the Treaty, and the securing of the remaining Part of the Brotherly Assistance; and all the Arrears due to the Scottish Army are upon the Way to Newcastle. I am therefore commanded, by the House of Lords, to convey to your Excellency their earnest Desires, that you will, with all possible Speed, disband all the Regiments of Foot, and the Train of Artillery of His Majesty's Army, His Majesty hath been graciously pleased to declare His Royal Assent therein; and your Excellency will therewith receive an Order for the doing thereof. I shall only add, That the Scotts Commissioners are engaged to the Parliament, that, immediately upon the Receipt of those Arrears, that Army shall march away to Scotland, for which their General hath received a Command from the Parliament of Scotland: This House, being very consident of your Lordship's Care in the great Business, do promise to themselves a speedy and a happy Conclusion thereof, for which your Excellency may justly expect their hearty Thanks; and that it will be an acceptable Service to His Majesty, may appear by His Majesty's Message to this House, a Copy whereof you will receive herewith. which (fn. 7) is, by the Command of this House, sent by
Vote of the H. C. for disbanding the Army.
Voted also by the Lords.
Message to the H. C. about the Letter to the Lord General, and for a Conference about disbanding the Armies.
To let them know, that this House doth join with them, in sending a Letter to the Lord General, concerning the speeding of the Army; and that this House hath voted the disbanding of the Foot and Train of Artillery of His Majesty's Army, as well as the Horse; and lastly, to desire a Free Conference, by a Committee of both Houses, touching some Things propounded by the Scotts Commissioners, concerning the disbanding of their Army.
Captain Ogle sent for, for Contempt of the House.
Whereas Complaint was made, "That Captain Ogle had spoke some unfitting scandalous Words of this House;" it is Ordered, That he may be sent for, by the Gentleman Usher attending this House, to appear and answer the same before this House.
Message from the H. C. for a Conference about the Scots Propositions.
Ld. Savile Leave to be absent.
Conference about the Scots Propositions reported.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Savill reported "That he had delivered to the House of Commons, at this Conference, those Things which he had in Command to do."
Letter from the Lord General read.
Arms and Ammunition taken by the Scots to be restored.
Ordered, That the Lords Commissioners do speak with the Scotts Commissioners from this House, That all the King's Arms and Ordnance and Ammunition, which were taken, shall be restored, and remain at Newcastle, and not be carried away by the Scotts, and likewise all other Arms belonging to the Kingdom.