House of Lords Journal Volume 4: 29 June 1641

DIE Martis, videlicet, 29 die Junii.

PRAYERS.

Order between the Bp. of Lincoln and Williams.

Whereas the Lord Bishop of Lincolne bought a Parcel of Land, in a Servant's Name, of one Mr. Holland and his Wife, called Marle, lying in Carnarvanshire, some Sixteen Years last past, and hath ever since quietly enjoyed the same, the said Mr. Holland, or his Assigns, duly paying the Rent unto his Lordship, until an Extent issued out upon all the Lands of the said Lord Bishop, to the King's Use; after which the said Rents were duly paid unto Sir Richard Wynne, Knight, and others, for His Majesty's Use; but now of late one Mr. Williams, marrying a Daughter of the said Mrs. Holland, desired to become a Tenant of the said Land instead of his Mother-in-law, and paid only One Rent, with fair Promises of continuing the Payment of the same; but secretly departs this Town, goes into Wales, and takes clandestine Possession of the said Lands from the said Lord Bishop (he being a Member of the Upper House of Parliament), contrary to the Privileges of this House; and now the said Williams refuseth either to pay the Rent, or to deliver up the Possession of the Premises unto the said Lord Bishop or to his Assigns: Whereupon it is Ordered, That the said Lord Bishop of Lincolne shall (by virtue of this Order) forthwith, and upon Sight hereof, be put into the quiet and peaceable Possession of the said Lands, by the Sheriff of the said County of Carnarvan, as he, and His Majesty in his Right, have held and enjoyed the same for the Space of Seven Years last past; and lastly, upon Affidavit made of the Truth of this Complaint, the said Williams is to be sent for, to answer the Breach of Privilege of Parliament.

E. of Cleveland versus Walter for an Assault.

Ordered, That one Walter, a High Constable of Midd. be sent for, to appear, and answer an Assault, made by him and others, upon the Person of the Earl of Cleveland, a Member of this House.

E. of Devon Leave to be absent.

Ordered, That the Earl of Devon hath Leave to be absent for a few Days.

Sir Jo. Lucas. Order about a Riot upon his Estate near Colchester.

Upon the opening of the Cause of Sir Jo. Lucas, Knight, this Day, at the Bar, touching a Riot and Disorder committed lately upon the House and Grounds of the said Sir Jo. Lucas, near unto Colchester, and likewise for beating of the Messenger sent from this House; in which Riot and Tumult (fn. 1) many Actors and Abettors were to be proceeded against, and many Witnesses to be produced to prove the Matters of Fact; now, in regard of the many Businesses of great Importance at this Time depending in this House, it is Ordered, that Baron Trevor, Justice Foster, and Sir Edward Leech, or any Two of them, shall take the Examinations of such Witnesses as are to be produced in this Cause, and certify the same to this House, sealed up, that thereby their Lordships may proceed according to Justice and the Merits of the Cause.

Plusher and Sir Henry Martin.

The Petition of Sir Henry Marten, Knight, was read; praying, "That the Cause (fn. 2) between him and Plusher may not be heard until one Flute, who is now at Sea, be come home;" but, in regard of the long depending of this Cause, and the many Days of Hearing appointed before their Lordships, but yet not heard, it is Ordered, That the Cause shall be heard on Monday come Sevennight, in this House, at the Bar, at which Time all Parties and Witnesses formerly appointed shall attend the said Hearing.

Ld. Mayor and Commoners of London about the Election of Sheriffs.

Upon the opening of the Cause between the Lord Mayor and Aldermen of London and the Commonalty of the same, concerning the Election of One of the Sheriffs, which formerly hath been chosen by the Lord Mayor, and presented to the Commonalty on Midsummerday last for their Confirmation; and likewise the Difference concerning the Nomination and Election of other Officers, now in Question between the said Lord Mayor and the Commonalty; the Lord Mayor alledging the said Sheriff and Officers to be nominated and confirmed by him according to a constant Practice of the said City for Three Hundred Years last past, without any Contradiction or Gainsaying; but the Commonalty alledging, on the Behalf of the Commons, that they had Interest in the said Nomination and Elections: It is thereupon Ordered, by the Lords in Parliament, That the said Lord Mayor shall call a Common Hall on Friday the Second of July 1641, which Common Hall is to consist of the Masters and Wardens and Liverymen of the several Companies of London, and no other; and that the Commonalty are then to assemble in a peaceable and quiet Manner, to settle and compose the Differences between the said Lord Mayor and themselves, if they can; if not, then to make Choice of Six discreet Persons of the said Commonalty, to treat and debate this Business between them, and settle and compose all Differences amongst themselves, between this and Friday come Sevennight, being the 9th Day of July 1641; but, in Case the said Differences cannot be composed, then the Pleasure of this House is, That the said Cause shall be heard, in open House, at the Bar, on the said 9th of July; and that, in the mean Time, the said Persons so chosen as aforesaid shall have free Liberty, by themselves, their Counsel, and others that they shall employ, to view and transcribe such and so much of the Charters of the said City, Acts of Common Council, Books of Entries of Election, and Accompts, and all such other Acts and Records as shall or may concern the said Causes in Question; and that all Clerks and others, in whose Custody the said Instruments are, shall be assisting to the said Searchers; and lastly, that, if the Cause shall come before the Lords in Parliament, That then (fn. 3) the said Six Persons only so chosen as aforesaid shall attend the same before their Lordships.

Bills from the H. C.

A Message from the House of Commons, by Edward Hyde, Esquire; who brought up from the House of Commons a Bill, intituled, "An Act for the speedy raising of Monies, for disbanding the Armies, and settling the Peace between the Two Kingdoms of England and Scotland."

Ordered, On Saturday next to debate and determine the Ten Heads, and the Court of Yorke; and the Papers of the Treaty of the Queen's Marriage to be brought in.

Poll-money.

Ordered, That the Bill for Poll-money shall be read this Afternoon.

Report of the Meeting with the Scots Commissioners concerning the Delay of the King's Journey to Scotland.

Then the Earl of Bristoll reported to the House, "That the Lords Commissioners had met with the Commissioners of Scotland, and delivered unto them the Paper concerning the Time of His Majesty's Journey to Scotland;" which was read, in bæc verba: videlicet,

Paper delivered to them about it.

"His Majesty hath commanded us to let you know, That whereas He hath been petitioned by the Houses of Parliament, for some Stay of His Journey to Scotland, until the Armies be disbanded, and that divers other Things for the Peace and Good of this Kingdom be settled; and whereas His Majesty doth acknowledge Himself engaged by His Promise, and by His Letters, as likewise by His late Proclamation, declaring His Resolution to be present at the holding of the Parliament in Scotland at the Day in the Proclamation limited; His Majesty, being desirous to give Satisfaction to the Parliaments of both the Kingdoms, hath commanded us to declare unto you this Desire of the Parliament of England, and to treat with you how His going may be best fitted and accommodated to the Conveniency of both Kingdoms and the Desire of both Parliaments."

Then was read the Scottish Commissioners Answer hereunto, which follows:

Their Answer.

"We do with all Thankfulness acknowledge His Majesty's Royal and tender Care of settling the Affairs of His ancient and native Kingdom of Scotland, and the Constancy of His Resolution, according to His Royal Promise and Proclamation, to be present at the Day appointed. Our Affection also towards the settling of the Affairs of the Kingdom of England, and the Desire of both Houses of Parliament, That His Majesty's Journey to Scotland may be stayed for some Time to that Effect, do so far prevail with us, that we shall deal most earnestly with the Parliament of Scotland, that they may adjourn their Meeting till the Fifth of August, or, if they shall find that a new Ad journing of the Parliament, after so many Prorogations, be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted, we will endeavour that they may, in their Meetings, be only exercised in preparing Matters for the Parliament; and that they determine nothing, nor make any Act, till the Day designed for His Majesty's coming; but withall we must signify, that the present Constitution of that Kingdom, for Want of Council, Session, and other Courts of Justice, and many other Difficulties daily through Delays growing greater, is such, that it can suffer no longer Delay. And therefore, that the Houses of Parliament would be pleased so far to express their reciprocal Respect of our Affairs, that they will give present Assent to His Majesty's coming in His Royal Person at the Day aforesaid, without which we can have no Ground to deal with the Parliament to the Effect above-written.

"Ad. Blair."

Which Answer their Lordships taking into Consideration, the House did incline that the King should go His Journey to Scotland at the prefixed Time, provided that the Armies be disbanded, and the Bills pass which are ready, and will be ready, for settling the Peace and Security of this Kingdom, before that Time; and, upon Signification that His Majesty commanded the abovesaid Answer to be communicated to both Houses of Parliament, the House Resolved to have a Conference with the House of Commons presently; and the Earl of Bristoll was appointed to deliver the Papers to the House of Commons, and the Sense of this House touching the King's Journey.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:

Message to the H. C. for a Conference concerning this Business.

To desire a Free Conference, by a Committee of both Houses, presently, if it may stand with their Conveniency, touching the King's going to Scotland.

The House of Commons return this Answer:

Answer.

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

Conference reported.

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 the Papers to the House of Commons, and intimated to them the Sense of this House concerning the King's Journey into Scotland."

Which being done;

Adjourn.

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

Post meridiem.

PRAYERS.

Bill for Provision of Money and disbanding the Armies.

Hodie 1^a et 2^a vice lecta est Billa, An Act for the speedy Provision of Money, for disbanding the Armies, and settling the Peace of the Two Kingdoms of England and Scotland.

And Ordered to be committed to a Committee of the whole House, and to be debated To-morrow Morning.

Sir. Balth. Gerbier's Petition.

The Petition of Sir Balthazar Gerbier was read, and afterwards his Declaration under his Hand-writing.

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

Message from the H. C. for the Lords to join in a Petition to the King, not to begin His Journey till the 10th of August.

To let their Lordships know, that, upon the Report made to the House of Commons concerning the Time of the King's Journey to Scotland, they have taken the same into Consideration; and they desire, in regard of the weighty Affairs of the Kingdom at this Time, that their Lordships would join with the House of Commons, in petitioning His Majesty, that He would be pleased not to begin His Journey to Scotland from hence until the 10th Day of August next.

Answer:

Answer.

That their Lordships will join with the House of Commons in their Desires; and will appoint some Lords to attend His Majesty, for His Answer herein; which when their Lordships receive, they will return the same to the House of Commons.

Lords to move the King for this.

Then the Earls of Essex, Warwicke, and Bristoll, were appointed to move the King herein, for His Answer.

The Earl of Bristoll, etc. returned, with this Answer from His Majesty:

The King's Answer.

That He is engaged by Promise to be in Scotland by a peremptory Day; but, if the Lords Commissioners do treat with the Scotts Commissioners for further Time for His Journey, and they consent thereunto, His Majesty will refer Himself to it.

Meeting of the Commissioners upon it.

Upon this, the Lords Commissioners were appointed presently to meet with the Scotts Commissioners, and move them herein. And it was returned, That the Scotts Commissioners hope the Parliament of Scotland will give Way for deferring the King's Journey until the 10th of August; but desire the Houses of Parliament will declare whether they consent to the King's going then, or what other certain Time the Parliament will agree to.

Hereupon it was agreed to propose this to the House of Commons at a Conference; and a Message was sent to the House of Commons, by Justice Heath and Sir Robert Rich:

Message to the H. C. for a Conference on it.

To desire a present Conference, with the select Committee of both Houses for the Treaty, touching the Time of the King's going to Scotland.

Answer:

Answer.

That the House of Commons will give a present Meeting, as desired.

Conference 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 the Conference what he was enjoined; and the Committee answered, That they would report the same to their House, and return an Answer presently."

And, after a While, Intimation being given that the select Committee of the House of Commons was come, this House was adjourned during Pleasure, and the select Committee of Lords went to meet them. The House being resumed, the Earl of Bristoll reported, "That the House of Commons, by Way of Answer to the Conference, doth present a Vote, which now passed in their House; which was read, as followeth: videlicet,

"Resolved, upon the Question,

Vote of the H. C. for both Houses to petition the King to stay His Journey till the 10th of August.

"That this Answer shall be returned to the Lords: To desire their Lordships to join with this House, to petition His Majesty, That He will be pleased to stay His Journey into Scotland until the 10th of August; and that, if then He shall please to take His Journey, this House shall submit unto it."

Agreed to by the Lords.

Hereupon it is Ordered, That this House doth assent to the Votes of the House of Commons.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 30^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.