House of Lords Journal Volume 4
26 June 1641

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1767-1830

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'House of Lords Journal Volume 4: 26 June 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 289-291. URL: http://www.british-history.ac.uk/report.aspx?compid=35633 Date accessed: 29 November 2014.


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DIE Sabbati, videlicet, 26 die Junii.

PRAYERS.

Countess of Bedford's Bill.

Hodie 1a vice lecta est Billa, An Act for the settling of certain Lands, Manors, Tenements, and Hereditaments, on Katherine Countess of (fn. *) Dowager, Jo. Russell, Edw. Russell, Esquires, Sons of Francis Earl of Bedford, deceased.

A Message was sent from the House of Commons, by Sir Jo. Hotham:

Message from the H. C. about Mutiny in disbanding the Army.

To let their Lordships know, that they have taken into Consideration what their Lordships desired Yesterday; which was, "That the King may be moved to send forth and publish a Proclamation presently, to declare that those that shall offend in disobeying the Lord General in disbanding the Army, or shall disobey the Officers conducting them home, shall be severely punished, and taken for Contemners of the King and the Parliament's Authority.

"That the Lord Lieutenants may write and give Charge to the Deputy Lieutenants, to assist and keep in Order the Soldiers passing through the Counties.

"And that they are in Consideration of a Bill touching the ordering and governing of the Soldiers, according to the late Conference; but they desire that that may not retard the Lord General's going down, nor disbanding the Five Regiments."

The King to be moved in this Business.

Hereupon the Earls of Warwicke and Bristoll were appointed by this House, to wait upon His Majesty, to move Him concerning the Particulars in the aforenamed Message.

A Message from the House of Commons, by Mr. Hollis:

Message from the H. C. for a Conference about Two Bills.

To let their Lordships (fn. *) know, that they received a Message last Night, to desire a Conference, by a Committee of both Houses, concerning the Bill against the Star-chamber, and the Bill against the High Commission Court. The House of Commons are ready to give their Lordships a Meeting, at such Time as their Lordships shall please to appoint.

Answer thereunto:

Answer.

That their Lordships will give the House of Commons a Meeting this Afternoon, at Four a Clock, in the Painted Chamber, at which Time this House intends to sit.

Trial of L. Morley.

Ordered, That the Committee for Privileges do meet on Monday next, in the Afternoon, to consider of a Day for the Trial of the Lord Morley in this House; at which Time the King's Counsel and the Lord Morley's Counsel are to attend their Lordships.

4th Head of the Conference with the H. C. laid aside for the present.

The House was adjourned, during Pleasure, into a Committee, to debate the rest of the Ten Heads brought up from the House of Commons; and the House proceeded to the Fourth Head, concerning the Queen's Majesty; and it was Ordered, That, for the present, this Head and Branches be laid aside; until the Articles made at the Marriage be seen.

5th Head agreed to. 6th Head partly agreed to.

The Fifth Head, and the Branches, agreed to.

The Sixth Head:

The First Branch agreed to.

The Second Branch agreed to.

The Third Branch; agreed, to join with the House of Commons, to Petition His Majesty to prevent it for hereafter; and to let the House of Commons know, there is but One English Lady about the Queen that is a Papist; and to acquaint them with the quiet Condition of that Lady.

The Fourth Branch agreed to.

The Fifth Branch, concerning active Papists; agreed, to know of the House of Commons who they mean by active Papists, and how far the Extent is to be.

7th Head agreed to.

The Seventh Head, concerning the Pope's Nuncio, agreed to.

8th Head partly agreed to.

The Eighth Head, concerning the Security and Peace of the Kingdom.

The First Branch agreed to.

The Second Branch to be treated of at the Committee.

The Third Branch left to the Committee.

The Fourth Branch; Ordered, That the Earls of Essex and Leycester, and the Lord Kymbolton, do acquaint the Lord Admiral with it.

9th Head referred.

The Ninth Head, referred to the Committee; and they to call the King's Counsel.

10th Head agreed to.

The Tenth Head agreed to, concerning a select Committee of Lords to join with a proportionable Number of the House of Commons, from Time to Time, to confer about these particular Courses, as shall be most effectual for the reducing of the Propositions to Effect, for the Public Good; and these Lords following were appointed by this House to be Committees for the same: videlicet,

Committee for these Propositions.

The L. Chamberlain.
Comes Bathon.
Comes Essex.
Comes Dorsett.
Comes Sarum.
Comes Warwicke.
Comes March.
Comes Bristoll.
Comes Portland.
L. Viscount Say et Seale.
Epus. London.
Epus. Durham.
Epus. Chester.
Epus. Lincolne.
Epus. Exon.
Ds. Pagett.
Ds. Brooke.
Ds. Digby.
Ds. Kymbolton.
Ds. Howard de Chalt.
Ds. Roberts.
Ds. Howard de Estr.
Ds. Dunsemore.
Ds. Seymour.

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

Answer from the King, concerning the quiet disbanding the Army.

The Lords that were appointed to wait on His Majesty return this Answer: "That the King will give Order to His Attorney General, to issue forth and publish a Proclamation speedily, and hath given Directions for Letters to be written to (fn. *) the Deputy Lieutenants, from the Lord Lieutenants, to assist them with Power (if Occasion shall serve) for the quiet conveying the Soldiers through the several Counties which they pass. And lastly, that His Majesty is willing the Earls of Holland and Newport do go into the North, to their several Charges in the Army, at the Time prefixed."

King's Journey to Scotland.

Then the Earl of Bristoll signified to this House, That the Scotts Commissioners, understanding that the Houses of Parliament do intend to move His Majesty to defer the Time of His Journey to Scotland, they desire to know some Resolutions therein, that so some of their Commissioners may repair into Scotland, and give an Account there, that so they may settle and prepare their Affairs accordingly."

Committee for a Conference on this Subject.

And this House Resolved, To have a Conference with the House of Commons, by a select Committee of both Houses, touching the Time of the King's going into Scotland; and these Lords following were appointed Committees: videlicet,

The Lord Privy Seal.
Comes Bathon.
Comes Essex.
Comes Bristoll.
Epus. London.
Epus. Durham.
Epus. Lincolne.
Epus. Exon.
Ds. Pagett.
Ds. North.
Ds. Brooke.
Ds. Howarde de Charleton.

A Message sent to the House of Commons, by the Master of the Rolls and Sir Edward Leech:

Message to the H. C. for this Conference.

To desire a Conference, by a select Committee of Twelve Lords, with a proportionable Number of theirs, touching the Time of the King's going to Scotland.

Answer thereunto from the House of Commons is:

Answer.

That they will give a present Meeting, with a select Committee proportionable, as is desired, in the Painted Chamber.

Report of the Conference.

The select Committee of both Houses met; and it was reported, "That the House of Commons will send an Answer presently, touching the Time of the King's Journey into Scotland."

A Message was brought from the House of Commons, by Sir Gilbert Gherrard:

Message from the H. C. about the same Subject.

To let their Lordships know, that the select Committee of that House is ready to give a Meeting, about an Answer concerning the Time of the King's Journey to Scotland.

Answer:

Answer.

The select Committee of this House will give a Meeting presently, in the Painted Chamber.

The King to be moved about the 2d Head of the Propositions.

The Lords of the Committee went to the Meeting; and being returned, the Earl of Bristoll reported, "That the House of Commons do fully agree to the Proposition concerning the Second Head; and do desire that some Lords may be appointed to move His Majesty, from both Houses, to give his Answer therein." And these Lords following were to present the humble Desires of both Houses to His Majesty, concerning the Second Head: videlicet,

The Lord Chamberlain.
Comes Bathon.
Comes Essex.
Comes Bristoll.
Comes Warwicke.

Clerks of the Common Pleas.

Upon Information this Day to the House, "That the Clerks of the Common Pleas have had several Days appointed for the Hearing of their Cause now depending in this House, which, by reason of the great Businesses in the House, could not be fully heard; and because the Judges Opinions will be herein required, for the better Information of their Lordships at the Hearing," it is Ordered, That the Judges of the King's Bench and Barons of the Exchequer shall consider, whether the several Letters Patents granted of the Offices in the Common Pleas, or any of them, by His Majesty, be good in Law; and afterwards to make Report unto this House, that thereby their Lordships may proceed therein, according to that which shall be just and right; and the several Patentees are to attend the said Judges, with their several Letters Patents, at such Times as they shall appoint; and the said Patentees and Clerks are then to be heard.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in horam 4m post meridiem hujus diei, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

The King's Answer about the 2d Head, and His Journey into Scotland.

The Earl of Warwicke reported, "That the Lords which were appointed by this House to attend His Majesty have acquainted Him with the humble Desires of both Houses, that His Majesty would be pleased to stay His Journey to Scotland for a Time, until the great Affairs of the Kingdom now in Agitation in Parliament be dispatched: That further, they have presented to His Majesty's Consideration the Second Head brought up from the House of Commons; and for the present, His Majesty returns this Answer: That He hath engaged Himself, by Proclamation published in Scotland, to be there in Parliament at a certain Day; but He would this Day speak with the Commissioners of Scotland; and on Monday next give a further Answer to both Houses."

Plycher versus Sir Henry Martyn.

Ordered, That the Cause between Symon Plychar and Sir Henry Marten shall be heard on Wednesday next; and Plichar is to have Notice thereof.

Conference on Two Bills.

Then the House was adjourned during Pleasure, and the Lords went to the Conference touching the Bills concerning the Star-chamber and the High Commission Court.

The Conference being ended, the House was resumed.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 28m diem instantis Junii, hora 9a, Dominis sic decernentibus.

Warwicke.
Hen. Dover.
Mowbray & Matravers.
Mandeville.
P. Wharton.

Footnotes

* Sic.
* Deest in Originali.
* Origin. be.