House of Lords Journal Volume 4
28 July 1641

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1767-1830

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'House of Lords Journal Volume 4: 28 July 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 331-333. URL: http://www.british-history.ac.uk/report.aspx?compid=35660 Date accessed: 31 July 2014.


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DIE Mercurii, videlicet, 28 die Julii.

PRAYERS.

Bill concerning Knighthood.

Hodie 1a vice lecta est Billa, An Act for the preventting of vexatious Proceedings touching the Order of Knighthood.

Sir James Thynne's Bill.

Sir James Thynne's Bill was reported, as fit to pass, without any Alteration, as it is. Hereupon it is Ordered, The said Bill be ingrossed.

Gunpowder Bill.

Hodie 1a vice lecta est Billa, An Act for the free bringing in of Gunpowder and Salt-petre from Foreign Parts, and for the free making of Gunpowder in this Realm.

Bill for freeing some Counties from the Marches of Wales.

Hodie 1a vice lecta est Billa, An Act declaring the Counties of Gloucester, Worster, Hereford and Salop, and the Cities of Gloucester and Worcester, and the Counties of the said Cities, to be free and exempted from the Jurisdiction of the President and Council established in the Dominions and Principalities and Marches of Wales.

Main versus Sir Robert Banister.

Ordered, That the Cause between Edward Mayne, Plaintiff, against Sir Robert Banister and others, is hereby referred and recommended to the Court of Chancery.

Bill against Ship-money.

Hodie 2a vice lecta est Billa, An Act for the declaring void and unlawful the late Proceedings touching Shipping-money; and for vacating of all Records and Process concerning the same.

Committed to these Lords following: videlicet,

L. Privy Seal.
L. Chamberlain.
Comes Pembrooke.
Comes Warwicke.
Comes March.
Comes Dover.
Epus. Durham.
Epus. Winton.
Epus. Lincolne.
Epus. Carlile.
Epus. Rochester.
Ds. North.
Ds. Kymbolton.
Ds. Brooke.
Ds. Grey de Warke.
Ds. Roberts.
Ds. Herbert de Cherbery.
Ds. Seymour.
Baron Henden, Assistants.
Justice Foster,
Justice Heath,
Justice Mallet,

Their Lordships, or any Five or more of them, to meet on Friday next, in the Afternoon, in the Painted Chamber, at Three a Clock.

Plymouth Bill.

The Bill for the Town of Plymouth was reported, as fit to pass as it is.

Ditto.

Hodie 3a vice lecta est Billa, An Act for the Confirmation of His Majesty's Letters Patents to the Town of Plymouth, and to divide the Parish, and building of a new Church there.

And, being put to the Question, it was Resolved to pass as a Law.

Message from the King concerning a Regency during his Absence in Scotland.

Then the Speaker signified, "That His Majesty commanded him to acquaint their Lordships, that, because He intends His Journey towards Scotland, upon Monday come Sevennight; and in regard that in His Absence heretofore He hath left behind Him Two Commissions, the one directed unto the Lords of the Privy Council, for the ordering of the Affairs of State, and the issuing out of Proclamations upon emergent Occasions; and the other authorizing a Person of Honour to be Captain General for the levying of Forces on this Side Trent, if there should be any Necessity, for the Safety of the Kingdom.

"His Majesty now thinks it fit to issue out the like Commissions, for the said Public Services, in His Absence, with some Variations and Omissions according to the Occasions; and hath named the Lord Chamberlain to be Captain General on this Side Trent; but His Majesty would execute nothing therein until He had made the same known to both Houses of Parliament, desiring to have their Concurrence, and Assistance in all His great Affairs."

Spanish Ambassador's Desire of some Irish Troops, that are to be disbanded.

Further it was signified from His Majesty, "That the Spanish Ambassador did send a Writing unto His Majesty, wherein he pressed His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spaine; and that His Majesty hath commanded that the said Warrant shall be communicated to both Houses of Parliament; and He desires their Advice therein."

The Paper sent to His Majesty from the Spanish Ambassador was read; and this House thought it fit to communicate it to the House of Commons, by Way of Conference; but, before any Resolution be taken herein, it was Resolved, That the Lord Chamberlain, Earl of Bath, Earl of Cambridge, Earl of March, and the Earl of Bristoll, should repair to the Spanish Ambassador, as from both Houses, and desire him to set down the particular Number of Men he desires; and the Time when, and the Manner how, and the Place from whence, he intends to transport the Soldiers.

A Message was sent to the House of Commons, by Justice Heath and Justice Mallett:

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

To desire a present Conference, if it stand with their Conveniency, touching a Message from His Majesty.

Lords appointed to speak at the Conference, and to deliver the Effect of the Message from His Majesty, and the Paper sent to His Majesty from the Spanish Ambassador: videlicet,

Lord Privy Seal.
Comes Bathon.
Comes Bristoll.
Episcopus Lincolne.

Bill concerning Knighthood.

Hodie 2a vice lecta est Billa, An Act for the preventing of vexatious Proceedings touching the Order of Knighthood.

Committed to those Lords following: videlicet,

The L. Privy Seal.
L. Chamberlain.
Comes Bathon.
Comes North'ton.
Comes Warwicke.
Comes March.
Comes Bristoll.
L. Viscount Say & Seale.
Epus. Durham.
Epus. Winton.
Epus. Lincolne.
Epus. Exon.
Epus. Carlile.
Epus. Bangor.
Epus. Rochester.
Epus. Peterborough.
Ds. North.
Ds. Pagett.
Ds. Brooke.
Ds. Digby.
Ds. Grey de Warke.
Ds. Roberts.
Ds. Howard de Estcrigg.
Ds. Dunsemore.
Ds. Herbert de Cherbery.
Ds. Seymour.
Lord Chief Baron and Assistants.
Justice Foster,

The King's Counsel are to be heard concerning this Bill.

Their Lordships, or any Seven or more of them, are to meet on Tuesday next, at Three a Clock in the Afternoon, in the Painted Chamber.

The Lords Committees for the Bill of Sir William Killigrew, etc. reported, "That they have considered of the said Bill, concerning the Fens in Lincolneshire, and think it not fit to pass as it is; but that a new Bill be drawn, if (fn. *) the Parties think fit.

Gunpowder Bill.

Hodie 2a vice lecta est Billa, An Act for the free bringing in of Gunpowder and Salt-Petre from Foreign Parts, and for the free making of Gunpowder in this Kingdom.

Committed to these Lords following: videlicet,

L. Privy Seal.
L. Chamberlain.
Comes Bathon.
Comes South'ton.
Comes Pembrooke.
Comes Warwicke.
Comes Cambridge.
Comes March.
Comes Bristoll.
Comes Newport.
L. Viscount Say et Seale.
Epus. Durham.
Epus. Winton.
Epus. Lincolne.
Epus. Hereford.
Epus. Peterborough.
Ds. Wharton.
Ds. Pagett.
Ds. Kymbolton.
Ds. Brooke.
Ds. Roberts.
Ds. Pierpointe.
Ds. Howard de Estcrigg.
Ds. Dunsemore.
Ds. Herbert de Cherbery.
Ds. Seymour.
Baron Henden and Assistants.
Justice Foster,

Their Lordships, or any Seven, to meet on Saturday next, in the Afternoon, at Two a Clock, in the Painted Chamber.

The House of Commons return this Answer to the Message:

Answer from the H. C.

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

Conference concerning the King's Message reported.

Then 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 he had delivered the Papers to the House of Commons at the Conference, as he was commanded; and the House of Commons will return to their House, and consider of them, and return an Answer in convenient Time."

Ld. Clandeboys and others of the Irish Parliament dismissed.

Whereas this House was this Day moved, "That, because of the Parliament now holden in Ireland, and the great Affairs of that Kingdom now there in Debate, doth require the Presence of the Members of either House, their Lordships would therefore be pleased, that such Members of either House in that Kingdom, that are called upon to answer any Petitions exhibited here, may be dispensed withall for this Time;" their Lordships do assent thereunto, and Order the same accordingly; and touching a Cause wherein Daniell O'Neale hath petitioned against the Lord Viscount Mountgomery, the Lord Viscount Clandeboyes, and others, the Lords, not finding that he hath commenced Suit in any Inferior Court of Law or Equity, do Order, That it be dismissed out of this House, and left to the ordinary Course of Justice.

E. of Cleveland's Bill.

The Committee for the Earl of Cleveland's Bill reported, "That they have considered thereof, and have thought it fit; and the Earl of Cleveland is agreed thereunto, that his Lordship is to procure and find out Purchasers for the buying of the Land: and that such Persons that shall be willing to purchase any of the said Lands shall have an Act of Parliament to encourage them, and to confirm their Bargain, provided that no Man receive Prejudice thereby, who hath Estates already in the Lands mentioned in the said Bill."

Trial of Lord Morley.

Ordered, That the Trial of the Lord Morley for the Death of Captain Clarke shall be heard at this Bar upon this Day Sevennight.

Ld. Rannelough dismised.

Ordered, That the Lord Rannelaugh hath Leave to return into Ireland.

Mr. Smarte versus Dr. Cosens et al.

After this, Mr. Smarte's Counsel was heard in the Cause against Doctor Cosens and others; and they proceeded in the Fourteenth Article.

And Jo. Allen deposed, "That Mr. Smarte's Sermon was preached the 27th of July 1628, in the Morning; and at Two a Clock in the Afternoon, Mr. Smarte was served with Letters missive from the Commissioners in Causes Ecclesiastical, and forced to enter into a Bond of One Hundred Pounds, to appear to answer for preaching a seditious Sermon against Ceremonies.

"The 5th of August following, 1628, there was a Sequestration granted by the Dean and Chapter of Duresme against Mr. Smarte, of all his Ecclesiastical Profits.

"After, this Sequestration was altered to the 2d of September 1628.

"The 21st of August, an Act of Suspension was granted from the High Commission, against Mr. Smarte, before any Articles exhibited.

"Then the Oath ex Officio was tendered to Mr. Smarte, by the High Commissioners."

Counsel assigned to Mr. Smart.

It being now late, the Counsel and all Parties were commanded to withdraw; and the House taking into Consideration the great Charge that Mr. Smarte hath been at, to bring Counsel to plead for him; it is Ordered, That Mr. Serjeant Atkins and Mr. Fountayne are assigned to be of Counsel with Mr. Smarte against Dr. Cosens and others; and that the said Cause shall be further heard at this Bar on Saturday next, the 31st of July, in the Morning.

Bill against Pluralities.

Ordered, That the Bill against Pluralities be debated on Friday Morning next.

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

Message from the H. C. to sit P. M.

To let their Lordships know, that the House of Commons intends to sit this Afternoon; and they desire this House would sit likewise.

The Answer was:

Answer.

That this House will sit this Afternoon, at Four a Clock, as is desired.

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 4a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Davenport's Bill.

Hodie 1a vice lecta est Billa, An Act for the settling of the Manors and Lands in Belgrave, and for the Sale of certain Lands, for the Payment of the Debts of William Davenport, Esquire, deceased.

Sir Alexander Denton's Bill.

Hodie 1a vice lecta est Billa, An Act to enable Sir Alexander Denton to sell the Manor of Great Barvard, alias Barford St. Michaell, and other Lands in this present Act mentioned, for the Payment of his Debts, and Preferment of his younger Children.

Chapel of Hoole Bill.

Hodie 1a vice lecta est Billa, An Act for the making of the Chapel of Hoole, in the County of Lancaster, a Parish Church, and no Part of the Parish of Croston.

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

Message from the H. C. for a Conference, about disbanding the Armies.

To desire a present Conference, by a Committee of both Houses, touching the disbanding of both the Armies.

Answer:

Answer.

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

Reporters of this Conference were, the Earls of Bathon, Bedford, and Bristoll.

Eggar's Free School at Alton.

Hodie 2a vice lecta est Billa, An Act for John Eggar's Free School, within the Parish of Alton, in the County of Southhampton.

Committed to these Lords following: videlicet,

Comes Bathon.
Comes Bedford.
Comes South'ton.
Comes Dover.
Epus. Winton.
Epus. Lincolne.
Epus. Bath et Wells.
Epus. Bangor.
Ds. Wharton.
Ds. Pagett.
Ds. Brooke.
Ds. Roberts.
Ds. Dunsemore.
Justice Foster and Assistants.
Justice Heath,

Their Lordships, or any Five or more of them, to meet on Saturday Morning next, at Eight a Clock, in the Painted Chamber.

Conference about disbanding the Armies 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 the Conference:

"That the House of Commons, considering the great Charge of the Country, desire to lessen it: They find a great Charge of the Waggon-horses for the Train of Artillery, which they desire may be disbanded; also a great Number of Waggons, which they desire may be discharged with the Eight Troops of Horse.

"They desired further, that the Scotts be moved, That they would take their Eighty Thousand Pounds Five or Six Weeks hence; and whether they will allow as much as is due to the Countries of Northumb. the Bishoprick of Duresme, and the Town of Newcastle, out of that Money."

Ordered, That this Conference be debated Tomorrow Morning.

Lord Mayor and Aldermen to attend Tomorrow.

Ordered, That the Lord Mayor of the City of London, and the Recorder, and some of the Aldermen, do attend this House To-morrow Morning, at Ten a Clock.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 29m diem instantis Julii, hora 9a, Dominis sic decernentibus.

Footnotes

* Origin. they.