House of Lords Journal Volume 4
12 July 1641

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1767-1830

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'House of Lords Journal Volume 4: 12 July 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 308-311. URL: http://www.british-history.ac.uk/report.aspx?compid=35646 Date accessed: 02 August 2014.


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Contents

DIE Lunæ, videlicet, 12 die Julii.
Earl of Cleveland's Privilege. Arnold arrested. Payne committed for abusing the Earl of Thanet. Bill for regulating the Clergy, &c. Conference about the Tea Heads reported. Report of the Conference about the Ten Heads. Committee attend the King, for His Answer to the Third Head; and to know when He will be attended by both Houses, about the Manifesto. Tonnage and Poundage Bill. Ditto. Both Houses to attend the King about the Manifesto, P. M. Committee to confer concerning what is to be delivered to the King, by both Houses, concerning the Manifesto. Message to the H. C. to acquaint them with it. Letter from the L. General that the Army is disbanding. Answer from the H. C. Order between Walter and his Wife. Sir Peter Osborn versus Tho. Joyce, concerning the Rectory of Hawnes. Report of the Conference, about the Manifesto to be recommended to the Parliament of Scotland. Adjourn. Post meridiem. Mr. Parramour to account for the Poll-money received of the Lords. Report of the Votes about the Manifesto delivered to His Majesty. His Majesty's Answer to them. Report of the King's Answer about ill Counsellors. Message from the H. C. for the Tonnage and Poundage Bill. Committee to move-the King to give His Royal Assent to it in Person. Answer to the H. C. Depredations by the French &c. Committee for Privileges. Answer from the King. King passes the Bill of Tonnage and Poundage. The King explains His Answer to the Third Head about ill Counsellors. Message to the H. C. for a Conference on that Subject. Answer. Conference reported. Adjourn. Footnotes

DIE Lunæ, videlicet, 12 die Julii.

PRAYERS.

Earl of Cleveland's Privilege. Arnold arrested.

Ordered, That Arnold, alledged to be a menial Servant of the Earl of Cleveland's, being arrested contrary to the Privilege of Parliament; it is Ordered, to be referred to the Committee of Privileges this Afternoon, to consider whether the said Arnold be capable to receive the Privilege of this House.

Payne committed for abusing the Earl of Thanet.

Then Tho. Payne, the Attorney that gave the ill Language to the Earl of Thanett, who charging the said Payne with some Words which were reported to be spoken by him, he told the said Earl, "That it was "false, and a Lye," divers Times together; which being proved upon Oath, it was Ordered, That the said Payne be committed to the Custody of the Gentleman Usher for the present; and this House will take the Misdemeanour into further Consideration.

Bill for regulating the Clergy, &c.

The House was adjourned into a Committee during Pleasure, to debate the Bill for regulating of Bishops, and Deans and Chapters, &c. Before any Result came, the House was resumed; and a Message was brought from the House of Commons, by Mr. Hampden; who presented from them the Bill for Tonnage and Poundage; and further he was commanded to desire of their Lordships a Dispatch of Two Bills depending in this House; the one, concerning Pluralities; the other, concerning Popish Recusants.

Conference about the Tea Heads reported.

The Earl of Bristoll reported the Effect of the last Meeting with the select Committee of both Houses, concerning the Ten Heads; and delivered some Queries and Propositions which the House of Commons made: videlicet,

Report of the Conference about the Ten Heads.

"Whether the College of Capuchins at Som'settHouse should be sent away out of this Kingdom; for they are conceived to be busy Men, in giving Intelligence to Foreign States; and the House of Commons are induced to believe so, because they understand that the Letters of the Capuchins, which were imported and exported in one Week, came to Three Pounds, Ten Shillings, the Carriage.

"Next, they conceive that there is some Things contained in the Articles of (fn. *) the Treaty of Marriage with France, which are contrary to Law.

"Concerning the Education of the Prince, they said they would consult further of it.

"Concerning Licences granted to Recusants, they desire His Majesty may be moved that none may be granted hereafter.

"Concerning the removing of Popish Recusant Ladies from the Court, they say, they mentioned no Particulars, but spoke in the general.

"Concerning Pensions, they desire that the King may be moved that no Papist beyond the Seas may have any Pensions.

"Touching that which concerns the Queen, they conceive they have had no full Answer yet.

"Concerning their Explanation who are active Papists, they mean those Recusants that are rich, and have most Power in the Countries where they live, as well Peers as others, which they desire may be disarmed according to Law.

"Concerning the Pope's Nuncio, they say, the House of Commons are preparing a Bill.

"Concerning the Lord Lieutenants and Deputy Lieutenants, considering the State of this Kingdom as now it stands in, the House of Commons desires they may be such Persons as both Houses approve of; and, that they may be enabled the more for the Defence of this Kingdom, there will be a Course taken for the supplying them with Monies out of the Subsidies; and the House of Commons desires that the King may be moved to let them have such Powder out of His Majesty's Store as may be spared, and they will pay after the Rate of Ten Pence per Pound for it, as soon as they can get Money; and further to move His Majesty, that the Arms which have been taken from the several Countries may be restored to them; and, if His Majesty can spare any Arms out of His Store, they will buy them to furnish these Southern Parts."

Committee attend the King, for His Answer to the Third Head; and to know when He will be attended by both Houses, about the Manifesto.

This being done, the Lords Committees went presently to attend the King, and to acquaint Him with the Resolutions of both Houses touching the Manifesto; and to know when both Houses of Parliament shall wait on His Majesty, to present their Advice herein; and also humbly to desire His Majesty's Answer to the Third Head.

Tonnage and Poundage Bill.

Hodie 1a et 2a vice lecta est Billa, a Subsidy granted to His Majesty of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported.

Committed to a Committee of the whole House.

And, for the speedy expediting of this Bill, the House was adjourned into a Committee during Pleasure; then the Bill being read and considered of, the House was resumed. Then

Ditto.

Hodie 3a vice lecta est Billa, A Subsidy granted to His Majesty of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported; and, being put to the Question, it was Resolved to pass as a Law, nemine contradicente.

The Lords which went to His Majesty returned; and the Earl of Bath returned this Answer from the King:

Both Houses to attend the King about the Manifesto, P. M.

"That His Majesty hath appointed this Afternoon, at Three a Clock, for both Houses to wait on Him, in The Banqueting (fn. *) House, at Whiteball; and as concerning His Majesty's Answer to the Third Head, He will return one in convenient (fn. *) Time. And further, that He will come this Afternoon, and give the Royal Assent to the Bill for Tonnage and Poundage."

Committee to confer concerning what is to be delivered to the King, by both Houses, concerning the Manifesto.

The these Lords following were appointed to draw up the Heads, which shall be delivered, in the Name of both Houses, to His Majesty this Afternoon: videlicet,

The L. Privy Seal.
Comes Bathon.
Comes Warwicke.
Comes Bristoll.
Epus. London.
Epus. Durham.
Epus. Lincolne.
Epus. Cov. et Litchfeild.
Ds. Pagett.
Ds. North.
Ds. Brooke.
Ds. Howard de Charlton.

A Message was sent to the House of Commons, by the Master of the Rolls and Serjeant Ayliffe:

Message to the H. C. to acquaint them with it.

To let them know, that the King hath appointed that both Houses wait on Him at Five a Clock this Afternoon, in The Banqueting House, at Whitehall, touching the Manifesto; and that this House hath appointed a Committee of Twelve Lords, to meet with a Committee of their House, presently, to draw up the Heads and Substance of what shall be delivered to the King from both Houses; and further to let them know, That His Majesty hath appointed to give His Royal Assent to the Bill for Tonnage and Poundage this Afternoon.

Letter from the L. General that the Army is disbanding.

The Earl of Essex acquainted the House with a Letter, which his Lordship had received from the Lord General, that the Army is now going on in disbanding.

The Answer which the House of Commons returned was:

Answer from the H. C.

That they will meet presently, by a Committee, and will sit at Five a Clock this Afternoon.

Order between Walter and his Wife.

Upon Report this Day made unto the House from the Lords Committees for Petitions, "That William Walter was complained of, by the Petition of Elizabeth Walter, his Wife, for refusing to cohabit with her, or allow her and her Three Children Maintenance and Supportation for their Livelihoods, although he hath a good and a plentiful Estate;" it was thought fit, and so Ordered, by the Lords in Parliament, That the said William Walter shall settle Lands and Tenements, cleared from all former Incumbrances, other than Leases, whereupon the usual Yearly Rent is reserved, lying in the County of Pembrooke, upon such Trustees as the said Mrs. Walter shall nominate, to the Use of herself and her said Three Children, during the Time of her Life, according to a former Order of this House; and that Mr. Justice Foster and Mr. Justice Heath, Assistants to the said Lords Committees for Petitions, are hereby desired, by the Lords in Parliament, to direct the Counsel of the said Mrs. Walter what Security shall be taken, in or out of the Premises, and how and in what Manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be settled, or charged and chargeable, with the Yearly Payment of the said Sixty Pounds per Annum, to the Use of the said Mrs. Walter and her Three Children, as aforesaid; the First Payment whereof to begin at Michaelmas next ensuing the Date hereof; and in Case the said Mr. Walter's Estate shall increase by the Death of his Mother or Grandmother, or otherwise; it is their Lordships Pleasure, That the Moiety of the same, as it shall fall and accrue to him, shall be settled and paid unto the said Feoffees, to the Use of the said Mrs. Walter and her Three Children, as aforesaid, by the Advice of the Judges aforenamed; and further, that if the said William Walter shall refuse or delay, by the Space of a Month next ensuing, to make such Settlement in Manner aforesaid, then it is their Lordships further Pleasure, That a Sequestration shall be awarded, to such Person or Persons as the said Mrs. Walter shall nominate, to take and receive so much of the Yearly Rent and Profits of the Lands and Tenements of the said William Walter as shall amount to such Proportions and Allowances as aforesaid, to be answered to the said Mrs. Walter or her Assigns Half Yearly, for the Uses aforesaid.

Sir Peter Osborn versus Tho. Joyce, concerning the Rectory of Hawnes.

Upon Report this Day made unto the House from the Lords Committees for Petitions, in the Cause of Sir Peter Osborne, Knight, Plaintiff, and Thomas Joyce, Clerk, it appeared unto their Lordships, That Sir John Osborne, Knight, deceased (Father of the said Sir Peter), was seised in Fee of the Rectory of Hawnes, in the County of Bed. to which the Advowson of the Vicarage did consist only of Eight Pounds per Annum Stipend; that the said Sir John Osborne did, in the Ninth Year of King James, convey the Inheritance of the said Rectory and Vicarage, together with a new House built upon his own Land, to the now Bishop of Durham, Sir Thomas Cheeke, and others, for the Increase of the Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs; but, before the Gift, Sir John puts in Mr. Brightman and Mr. Willson successively, who enjoyed the said House and Tithes; and, after the Gift, nominated Mr. Sherly, who was only licensed by the Bishop, but never instituted or inducted; after the Death of the said Mr. Sherley, the said Sir Peter Osborne nominated Mr. Buckley, who was licensed likewise (fn. *) by the Bishop, without being instituted or inducted; the Defendant Joyce obtained a Presentation by Lapse, and gained a Decree in Chancery for the Rectory House and Tithes; against which Decree Sir Peter Osborne objected, that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs, and could not intend it to any that came in by Lapse, it being then in Lapse when his Gift was made; which was denied by the Defendant, and affirmed that it was intended to the Incumbent, whoever he was, otherwise the Charity of the Donor would be overthrown; whereupon the said Decree and Deed of the said Sir John Osborne was produced, and read before the said Lords Committees, who, after long Debate by Counsel on both Sides, were fully satisfied, that the Donor intended it (fn. *) for none but such as should come in by the Nomination of himself or his Heirs: Whereupon it is Ordered, and adjudged, by the Lords in Parliament, That the said Lay-fee Rectory and House, together with all the said Donor's Gift, settled by the said Deed, shall (by virtue of this Order) go to such Clergyman or Men as the said Sir Peter Osborne and his Heirs shall nominate and appoint, according to the Meaning of the said Donor, and no other; and that the Defendant Joyce, that came into the Vicarage by Lapse, shall have no Advantage of the said Gift so made by Sir John Osborne, but shall forthwith, upon Notice hereof, relinquish the same, and shall also answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree; and, if the said Defendant Joyce conceives he hath any Right, he is left to try the same at the Common Law, without taking any Advantage of the said Decree, or of any Thing done by Sir Peter in Obedience to the said Decree.

Report of the Conference, about the Manifesto to be recommended to the Parliament of Scotland.

After this, the Lord Privy Seal reported to the House, "That the Committee of both Houses have met, and are agreed that the Votes of both Houses, touching the Manifesto, shall be presented to His Majesty by the Speaker of this House, together with the humble (fn. *) Desires of both Houses, That His (fn. *) Majesty will be pleased to recommend the Manifesto to the Parliament of Scotland, for their Consent;" which this House approved of, and Ordered the same accordingly.

Then

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 quinta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Mr. Parramour to account for the Poll-money received of the Lords.

Ordered, That Mr. Parramour do give Account to this House To-morrow Morning, what Money he hath received of the Lords for Poll-money, and who hath not paid it; and what Monies he hath received to dispose of it according as the Act directs and appoints.

Then the Speaker reported what he delivered before the King, as from both Houses, this Afternoon, concerning the Manifesto, which was deliverd in hæc verba: videlicet,

Report of the Votes about the Manifesto delivered to His Majesty.

"Your Majesty, in Your Royal Person, was pleased to recommend the Manifesto touching the Palatinate to be read in full Parliament, and to be advised of by both the Houses.

"Both the Houses have seriously considered of it, and have commanded me to present their humble Advices unto Your Sacred Majesty, which are expressed in the Declaration which hath passed the Votes of both the Houses, and which I am commanded to read unto Your Majesty.

"Die Mercurii, 7 Julii 1641:

"Resolved, upon the Question,

"That this House doth approve of His Majesty's pious Intention, in the Behalf of His Royal Sister the Queen of Bohemia, and His Nephew the Prince Elector Palatine, and the rest of the Princes of that Family, and of the publishing of this Manifesto to that Purpose; and that this House will be ready to give His Majesty such Advice and Assistance therein, by Parliament, as shall stand with the Honour of His Majesty, and the Interest and Affection of this Kingdom, if the present Treaty shall not succeed.

"Die Sabbati, 10 die Julii 1641:

"Resolved, in like Manner, upon the Question, by the Lords in Parliament: That this House doth concur in this Vote with the House of Commons.

"I am likewise commanded to present the humble Desires of both Houses of Parliament:

"That Your Majesty will be pleased to recommend this Manifesto unto the Parliament in Scotland, to have the Concurrence of that Kingdom."

His Majesty's Answer hereunto was this: videlicet,

His Majesty's Answer to them.

"We take very thankfully the concurrent Advices of both the Houses of Parliament, in so great and pious a Work, declared in these Votes and Resolutions, which you have read unto Us.

"We will also take Care to recommend this Manifesto unto the Parliament of Scotland, to have the Concurrence of that Kingdom, which We doubt not they will perform."

Then the Earl of Bath reported the King's Answer, concerning the removing of ill Counsellors: videlicet,

Report of the King's Answer about ill Counsellors.

"That His Majesty knows of no ill Counsellors; the which He thinks should both satisfy, and be believed, He having granted all hitherto demanded by Parliament; nor doth He expect that any should be so unadvised as, by Slanders or any other Ways, to deter any that He trusts in public Affairs from giving Him free Counsel, especially since Freedom of Speech is always demanded, and never refused, to Parliaments."

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

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

To desire that the Bill for Tonnage and Poundage may be delivered unto them, to be brought up and presented by their Speaker, with the Commission under the Great Seal annexed.

Committee to move-the King to give His Royal Assent to it in Person.

Their Lordships taking this into Consideration, and perusing the Commission, found, by the Tenor of the said Commission, that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission, if they were separated; therefore, to avoid all Ambiguities, Resolved, To send some Lords, to desire His Majesty would be pleased to come in Person presently, and give the Royal Assent to the said Bill. Hereupon these Lords went presently to attend His Majesty herein: videlicet,

Comes Bathon.
Comes Essex.
Comes Cambridge.
Comes Bristoll.
Lord Viscount Say & Seale.

The Answer returned to the Message of the House of Commons was:

Answer to the H. C.

That their Lordships will send them an Answer presently, by Messengers of their own.

Depredations by the French &c.

Ordered, That on Friday next, in the Afternoon, the Committee for the Depredations shall meet; and that Sir Henry Martyn do send in the Certificate concerning Mr. Southe's Business; and that the Committee hath Power to adjourn themselves as they shall please, and have Authority to send forth such Persons and Writings as shall be needful in that Business.

Committee for Privileges.

Ordered, That the Committee for Privileges do fit To-morrow in the Afternoon.

Answer from the King.

The Lords brought this Answer: "That the King will be here presently."

King passes the Bill of Tonnage and Poundage.

His Majesty being come, and set in His Chair of Estate, the Commons were sent for; who came, and, by their Speaker, presented the Bill for Tonnage and Poundage. Then the Clerk of the Crown read the Title of the said Bill, and the Clerk of the Parliament pronounced the Royal Assent thereunto, in these Words: videlicet,

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

The King explains His Answer to the Third Head about ill Counsellors.

The King signified, "That whereas He sent an Answer this Day to both Houses, concerning the Third Head; lest there should be any Mistake upon the Word ["Slander"], His Majesty declared He did not mean it of either House of Parliament, nor any Member thereof."

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

Message to the H. C. for a Conference on that Subject.

To desire a present Conference, by a Committee of both Houses, touching the King's Answer concerning the Third Head, touching ill Counsellors.

The Answer returned was:

Answer.

The House of Commons will give a present Meeting, as is desired, in the Painted Chamber.

The Earl of Bath was appointed to deliver, at the Conference, the King's Answer to the Third Head, together with the Declaration which His Majesty made here this Day.

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 Bath reported, "That he had delivered, at the Conference, what he was commanded by this House."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 13m diem instantis Julii, hora nona, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.