House of Lords Journal Volume 4: 16 August 1641

Pages 365-366

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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Page 365
Page 366

In this section

Die Lunæ, videlicet, 16 die Augusti.


Abuses in Wines.

Hodie 1a vice lecta est Billa, An Act to prevent divers Abuses concerning Wines.

Order about the Plague.

Upon Information this Day, "That there is a House visited of the Sickness near the Parliament House; it is Ordered, That the Water-gates at the Parliament Stairs shall be forthwith shut up; and no Waterman whatsoever shall ply or bring any Fare thither, until the Pleasure of this House be further known; and that the Door out of The Old Palace, and coming to this House, shall be instantly shut up; and lastly, that all Coaches attending upon any of the Members of this House, or any others, shall not any longer stay in the said Old Palace, but attend in The New Palace, at Westm. Hall Door."

Committee for Gun-powder.

Ordered, That the Committee for making of Gunpowder do meet To-morrow in the Afternoon; and that Captain Conisby and Mr. Cordaile do attend the Lords Committees.

Ordered, That the Earl of Dover and the Earl of Danby be added to the Committee for Gun-powder.

Message to the H. C. that there is a Commission to pass the Tonnage and Poundage Bill.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To let them know, that their Lordships have received the Commission for giving the Royal Assent to the Bill for Tonnage and Poundage, and are ready to execute the same now, if it stand with their Conveniency.

Letters from the Lord General about disbanding the Armies.

A Letter was read, sent from the Lord General to the Lord Chamberlain, concerning the disbanding of the Army; and the Lord Chamberlain had Leave from this House to acquaint the House of Commons with it.

Another Letter was read, sent to the Speaker of this House from the Lord General, concerning the disbanding of the Army, and the razing the Fortifications of Barwicke.

Letter from Berwick for Payment of the Garrison, &c.

And a Letter from the Governor of Barwicke was read, declaring that no Course is yet taken for the Payment of the Garrison there, nor Ships provided to convey away the Ordnance and Munition there.

Ordered, That these Letters be communicated to the House of Commons.

Armstead sent for, for counterseiting an Order of this House.

Upon Information "That Robert Armesteed hath counterfeited an Order of this House and the Clerk's Hand;" it is Ordered, That he shall be sent for, to appear here To-morrow Morning, to answer the same.

Mr. Smart versus Dr. Cosens, &c.

Ordered, That Mr. Smarte's Cause, against Dr. Cosen's and others, shall be further heard on Thursday Morning next.

Message from the H. C. about the Tonnage and Poundage Bill.

The Messagers return with this Answer from the House of Commons:

That they will come up with the Bill of Tonnage and Poundage, when they shall hear from their Lordships.

Bill of Tonnage and Poundage passed by Commission.

Then the Lord Keeper, the Lord Privy Seal, the Lord Great Chamberlain, the Lord Chamberlain, sitting as Commissioners upon a Form set a-cross the House, between the Chair of State and the Lord Keeper's Woolsack, the Gentleman Usher of the Black Rod was commanded to go for the House of Commons; who being come, their Speaker presented the Bill of Tonnage and Poundage. Then the Commission was read; which being done, the Clerk of the Crown read the Title of the Bill: videlicet, "A Subsidy granted to the King, of Tonnage, Poundage, and other Sums of Money, payable upon Merchandize exported and imported." And then the Clerk of the Parliament pronounced the Royal Assent, in these Words:

"Le Roy, remerciant Ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

Afterwards the Commons went to their House.

Message to the H. C. for a Conference about some Letters from the Ld. General.

Then a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To desire a Conference, by a Committee of both Houses, touching some Letters sent from the Lord General.

The General Pardon left behind by the King.

The Lord Keeper signified to the House, "That His Majesty, at His Departure towards Scotland, delivered him a Paper sealed up with Three Seals, which is to be opened by the Parliament at the first Leisure the House hath; in which Paper is inclosed the General Pardon."

Request for levying Men for Portugal.

A Letter was read, directed to the Parliament, from the Portingall Ambassadors, to desire to have Five Thousand Men to serve the King of Portingall.


The Answer was to be returned by the Earl of Pembrooke: That their Lordships will return an Answer as soon as their Lordships hear from the King.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C.

That they will give a Meeting presently, as is desired.

The Lord Chamberlain is appointed to acquaint the House of Commons, at this Conference, with the Letters which were read this Day in this House.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Interrogatories for Witnesses to be examined upon, about the Incendiaries.

After this, the Interrogatories were delivered into this House, and read, (fn. 1) upon which the Scotts Commissioners desire Witnesses may be examined, concerning the Earl of Traquair, Sir Jo. Haye, Clerk, Register in Scotland, Sir Robert Spotswoode, and Dr. Walter Balcanquall, and Mr. Jo. Maxwell, some Time Bishop of Rosse, who are pursued as Incendiaries.

Committee for the Examinations.

The Interrogatories being approved of; it is Ordered, That these Lords following are appointed by this House to be Committees for the taking of the Examination of Witnesses in this Business: videlicet;

L. Privy Seal.
Comes Warwicke.
Comes Dover.
L. Visc. Say & Seale.
Ds. Wharton.
Ds. Kymbolton.
Ds. Howard de Estcrigg.

Their Lordships, or any Three of them or more, to meet when they please to appoint.

The Lord Privy Seal, Comes Pembrooke, & Ds. Goringe, Were sworn at the Clerk's Table (the Lord Keeper reading the Oath), and are to be examined concerning the Incendiaries.

Witnesses to be examined in this Business.

Ordered, That John Earl of Sterlinge, Robert Younge, Printer, Wm Warnor, Corrector, Robert Chapman, Composer, shall attend the Lords Committees this Afternoon, and be sworn and examined in the Business concerning the Incendiaries.

Private Causes put off.

Ordered, That all Petitions, Committees, and Attendants, for Private Causes, be put off until Michaelmas Term next.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 4a, Dominis sic decernentibus.

Post meridiem.


Abuses in Wines.

Hodie 2a vice lecta est Billa, An Act to prevent divers Abuses concerning Wines.

Committed to these Lords following: videlicet,

L. Privy Seal.
L. Chamberlain.
Comes Pembrooke,
Comes Clare.
Comes Stamford.
Epus. Winton.
Epus. Lincolne.
Epus. Bristoll.
Epus. Peterborough.
Ds. North.
Ds. Newnham.
Ds. Grey de Wark.
Ds. Howard de Estcricke.
Ds. Brudnell.
Sir Robt. Rich, and Assistants.
Mr. Page,

Their Lordships, or any Five of them, to meet on Thursday next, in the Afternoon.

This Committee is likewise to take into Consideration the mixing Sacks.

Hughes's Petition.

Ordered, That the Petition of Katherin Hughes is received into this House, to be heard in Michaelmas next, by the Committee for Petitions.

Act of Grace.

Ordered, That the General Pardon be opened; and that such Lords as will may read it.

Message from the H. C. for a Conference about some of their Members going as Commissioners to Scotland.

A Message was brought from the House of Commons, by Sir Tho. Barington, Baronet:

To desire a present Free Conference, by a Committee of both Houses, touching some Members of both Houses, which are to be sent as Commissioners into Scotland.

The Answer hereunto returned was:


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

The Lord Privy Seal, the Lord Viscount Say and Seale, the Bishop of Lincolne, and the Lord Kymbolton, were appointed to report this Conference.

The Lord Sterlinge was sworn, and afterwards was to be examined concerning the Incendiaries.

Report of the Conference about the Commissioners to go into Scotland.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That the House of Commons desired to know upon what Terms, and (fn. 2) with what Instruction, the Commissioners of both Houses shall go into Scotland."

The House, taking this into Consideration, thought sit to let the House of Commons know, that their Lordships conceive, that the Intent of the Commissioners going is:

"1. To see that the Act of the Treaty, and the Agreements therein, be performed and passed in the Parliament of Scotland, as hath been done in the Parliament here.

"2. To agree upon the Persons that shall be Commissioners for settling the Peace of both Kingdoms, and to appoint the Time when, and the Place where, they are to meet.

"3. To settle the Commission for the Treaty of Free Trade."

Hereupon the House was adjourned during Pleasure; and the Lord Privy Seal was appointed to deliver these Heads to the House of Commons. The Conference being ended, the House was resumed.

Then the Earl of Stamford and the Lord Kymbolton were sworn, and examined in the Cause concerning the Incendiaries.

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

Message from the H. C. about disbanding the Army, and the Munition at Hull.

To let their Lordships know, that they have taken into Consideration the desperate Estate the Kingdom now stands in, in this Time of disbanding the Army; and they have considered of the Danger the King's Ammunition at Hull is in, if there should (fn. 3) be any Design upon it; therefore they desire their Lordships would join with them in some Course, that the Ammunition there be not stirred nor removed from thence, without the Order of both Houses of Parliament.

No Munition, &c. to be moved from Hull without Order of both Houses.

Hereupon it is Ordered, That a Letter be sent to the Lord General, to give Order that no Munition nor Artillery of the King's at Hull be removed or stirred from thence, but by Order from both Houses of Parliament; and that Five Lords Committees be joined with a proportionable Number of the House of Commons, to consider how the Letter shall be drawn up effectually: videlicet,

The L. Chamberlain.
The L. Visc. Say & Seale.
Epus. Lincolne.
Ds. Wharton.
Ds. Kymbolton.

Instructions to the Commissioners that go into Scotland.

Then the Lord Privy Seal reported the Heads of those Instructions which were delivered at the Conference, to be observed by the Commissioners that go into Scotland from both Houses.

(fn. 4) Their Instructions are Seven in Number:

"1. To see a Ratification of what is treated by both Nations, and to bring with them an authentic Exemplification of the same.

"2. To see the Commission settled concerning the Trade and public Peace and Correspondency betwixt the Two Nations.

"3. To demand Satisfaction of any Monies taken up of the English, due for Provision taken by the Scotts from the Northern Parts.

"4. To clear any Imputation that shall be laid upon the Proceeding of the Parliament of England.

"5. To assure the Parliament of Scotland of the good Affection of the Parliament in all Things, which shall concur with the Service of His Majesty, and the Peace and Prosperity of both Nations.

"6. To certify of all Occurrences which shall concern the Good of this Kingdom.

"7. To put in Execution such further Instructions as they shall receive from the Parliament.

"The Persons to go as speedily as they can, only as Messengers to His Majesty; but not to treat as Commissioners with the Parliament of Scotland till they have His Majesty's Commission under the Great Seal to authorize them.

"For obtaining a Commission, an express Messenger to be sent to the King, with a Warrant and Draught ready drawn; which, as soon as it shall be returned, may be passed under the Great Seal, and sent Post to the Commissioners in Scotland, and, together with the Draught, to send a Copy of the Instructions."

Petition to the King from both Houses.

Then was read a Petition, which is to be sent to His Majesty from both Houses of Parliament.

Ordered, That this House will join with the House of Commons both in the Instructions and the Petition.

Commissioners named to go into Scotland.

Then the Lord Howard of Estcrigg was joined with the Earl of Bedford, as Commissioners to go into Scotland; and the House of Commons was to send Four of their Members for their House.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 17m diem instantis Augusti, hora 9a, Dominis sic decernentibus.


  • 1. Bis in Origin.
  • 2. Bis in Origin.
  • 3. Deest in Origin.
  • 4. Origin. In.