House of Lords Journal Volume 4
6 August 1641

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1767-1830

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'House of Lords Journal Volume 4: 6 August 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 344-347. URL: http://www.british-history.ac.uk/report.aspx?compid=35668 Date accessed: 24 October 2014.


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Contents

DIE Veneris, videlicet, 6 die Augusti,
Hospitals. Aris versus Chamberlain. Bill for freeing some Counties from the Jurisdication of the Marches of Wales. Durham House Bill. Exchange between the Bp. of Durham and the E. of Pembroke. L. Rich's Privilege. Camock's Arrest. Phillips committed. Transporting Irish Soldiers into Spain. Message to the H. C. for a Conference about it. Sir Thomas Powell, Sheriff of Chester, to re-pay the Ship-money. And all other Sheriffs to do the like. Message to the H. C. for a Conference about the Treaty with the Scots. Answer from the H. C. about the Irish Soldiers. E. of Suffolk's Privilege. Warden of The Fleet to be freed from Actions commenced against him for false Imprisonment. Committee to move the King for an Act of Grace. Answer from the H. C. about the Scots Treaty. Letter from the Speaker of the Irish House of Lords, to be debated. Committee to consider of the printed Paper about the Protestation, &c. The King's Answer about he Act of Grace. Message to the H. C. to acquaint them with it, and to desire them to sit, P. M. Bill concerning Knighthood. Message from the H. C. about the Conferences, concerning the Irish Soldiers, and the Scots Treaty. Answer. Irish Soldiers for Spain. Scots Treaty. House to be called, P. M. Knighthood Bill. Foreign Bullion, not to be seized on Account of the Depredations. Conference about the Irish Soldiers, and the Scots Treaty, reported. Adjourn. Post meridiem. Message from the H. C. about disbanding the Armies. Answer. Agree with the Commons about disbanding the King's Horse. Message from the H. C. to move the Scots Commissioners for the Persons Names who are to receive their Money. Lords Commissioners to do this. Answer to the H. C. Message from the H. C. about the Regency. Answer: Lords to report the Conference. Ne exeat Regnum, against Sir Th.Dawes. Conference concerning the Regency reported. This Conference to be debated Tomorrow. Scots Commissioners Answer about the Persons to receive their Money. Message to the H. C. to acquaint them with it, and to desire an Answer to the Articles concerning the Scots Treaty. Answer. Durham House Bill. Exchange between the Bp. of Durham and E. of Pembroke. Message from the H. C. that they assent to the Articles concerning the Scots Treaty. This to be communicated to the Scots Commissioners. Message to the H. C. that the Lords agree to the disbanding of the King's Horse first. Committee for Defence of the Kingdom. Adjourn. Footnotes

DIE Veneris, videlicet, 6 die Augusti,

PRAYERS.

Hospitals.

Ordered, That the Committee for the Bill concerning Hospitals do meet on Saturday next, in the Afternoon.

Aris versus Chamberlain.

Ordered, That the Cause between Edward Aris and Mr. Chamberleine shall be heard the Second Tuesday the next Term, before the Lords Committees for Petitions; and that the special Supplicavit be recommended unto the Lord Keeper; and that which concerns the King's Bench in this Cause is recommended to the said Court of King's Bench; and lastly, that the said Aris shall have his Liberty to follow his Cause, unless he be in Restraint upon Execution or for Debt.

Bill for freeing some Counties from the Jurisdication of the Marches of Wales.

Hodie 2a vice lecta est Billa, An Act for freeing the Four Counties from the Jurisdiction of the Marches of Wales.

Committed to these Lords following: videlicet,

The L. Marq. of Hertford.
Comes Huntingdon.
Comes Nottingham.
Comes Bolingbrooke.
Comes Berks.
Comes Monmouth.
Comes Stamford.
Comes Carnarvan.
Epus. Durham.
Epus. Chester.
Epus. Lincolne.
Epus. Exon.
Epus. St. Asaph.
Epus. Landaph.
Ds. Wharton.
Ds. North.
Ds. Brooke.
Ds. Grey de Wanke.
Ds. Roberts.
Ds. Pawlett.
Ds. Goringe.
Ds. Herbert de Cherbery.
Ds. Seymour.
Baron Henden, Assistants.
Justice Mallett,

Their Lordships, or any Seven, to meet To-morrow Morning, at Eight a Clock, in the Painted Chamber.

Durham House Bill.

Exchange between the Bp. of Durham and the E. of Pembroke.

The Earl of Warwicke reported the Bill concerning Duresme House; and the Lords Committees think it fit to pass, only-with the Amendment of Two Hundred Pounds per Annum instead of One Hundred and Forty Pounds, which is to be paid to the Bishop of Durham, and his Successors. The Words were read Once as they were without Alteration, and Twice with the Alteration; and then the House, approving thereof, Ordered, That the said Bill should be ingrossed.

L. Rich's Privilege. Camock's Arrest.

Phillips committed.

After this Tho. Phillips, at whose Suit Tho. Camooks, a menial Servant of the Lord Rich, was arrested, contrary to the Privilege of Parliament, and also Henry Simns, the Serjeant that arrested him, were brought to the Bar; and it appearing upon Oath, That Phillips was told that Camocks was Servant to the Lord Rich, yet he did arrest him; hereupon it is Ordered, That the said Tho. Phillips be committed to The Fleet, during the Pleasure of this House; and that Simns the Serjeant be released out of the Custody of the Gentleman Usher.

Transporting Irish Soldiers into Spain.

Upon Report this Day made to this House, That His Majesty inclines that the Spanish Ambassador may transport Four Thousand Men out of Ireland, for the Service of the King of Spaine; this House Resolved, To have a Conference with the House of Commons, touching how many Irishmen shall be allowed to the Spanish Ambassador, whether Three or Four Thousand Men.

Then a Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Glanvile:

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

To desire a Free Conference, by a Committee of both Houses, touching the Irish Soldiers that are desired by the Spanish Ambassador.

Sir Thomas Powell, Sheriff of Chester, to re-pay the Ship-money.

And all other Sheriffs to do the like.

Ordered, That Sir Thomas Powell, Baronet, late High-sheriff of the County Palatine of Chester, shall, at the next General Sessions, account and pay the Money which he hath received for the Ship-money (and remaining now in his Hands, and not paid to the Treasurers of the Navy), to the Justices of that County, who shall distribute and re-pay the same, according as the Bench shall see Cause; and particularly to those Parties that can make it appear that it hath been taken from them by Distress or other Inforcement. And this to be general, to all other Sheriffs and Collectors, who have Monies remaining in their Hands, which they have received for Ship-money, to re-pay the said Money in the same Manner and Way as aforesaid, and, upon Payment of the said Monies as aforesaid, both the said Sir Thomas Powell, and also all others, shall be, by virtue hereof, discharged of any further Accounts touching the said Monies.

A Message was sent to the House of Commons, by Sir Robert Rich and Sir Edward Leech:

Message to the H. C. for a Conference about the Treaty with the Scots.

To desire a Conference, by a Committee of both Houses, touching the Treaty with the Scotts.

The Answer returned concerning the Message touching the Irish Soldiers is:

Answer from the H. C. about the Irish Soldiers.

That they will send an Answer, by Messengers of their own, in convenient Time.

E. of Suffolk's Privilege.

Ordered, That the Business touching the Extent, which concerns the Earl of Suffolke, is referred to the Committee for Privileges.

Warden of The Fleet to be freed from Actions commenced against him for false Imprisonment.

Upon reading the Petition of the Warden of The Fleet, complaining "that Sir Edmond Plowden, Knight, Thomas Insly, and others, have commenced Suits against him for false Imprisonments, they being committed to his Charge from the Council-board, Star-chamber, High Commission Court, and Court of Requests;" it is thought fit, and so Ordered, That, in regard he was but a Minister to obey what was enjoined him, and not to dispute the Jurisdiction or Illegality of Courts, shall, by virtue of this Order, be free of and from all Suits or Judgements, that are, or shall, or may grow thereby, either by their Prosecution or any others whatsoever, touching or concerning any such Complaints or Suits, as aforesaid; and that, if there be Cause of Complaint, they are to take their Course or Remedy against the Prosecutors, and not against any Officer that is merely ministerial.

Committee to move the King for an Act of Grace.

Ordered, That the Lord Privy Seal, Lord Chamberlain, Lord Viscount Saye & Seale, and the Bishop of Lincolne, do humbly move the King from the Parliament, That His Majesty will please to give speedy Order to His Attorney General for the drawing up of the General Pardon.

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

Answer from the H. C. about the Scots Treaty.

That they are now in Debate of great Business, and will send an Answer, by Messengers of their own, in convenient Time.

Letter from the Speaker of the Irish House of Lords, to be debated.

Ordered, That the Irish Letter be debated Tomorrow Morning; and the King's Counsel is to search for Precedents and Records concerning that Business, and present them to this House.

Committee to consider of the printed Paper about the Protestation, &c.

Lords appointed to consider of the Printed Paper of the House of Commons, concerning the Protestation, and all other Things as may continue a good Correspondency betwixt both Houses: videlicet,

The L. Privy Seal.
L. Marq. of Hertford.
L. Chamberlain.
Comes Bathon.
Comes South'ton.
Comes Bedford.
Comes Pembrooke.
Comes Sarum.
Comes Warwicke.
Comes March.
Comes Bristoll.
Comes Clare.
Comes Berkshire.
Comes Dover.
Comes Portland.
L. Viscount Say & Seale.
Epus. Winton.
Epus. Lincolne.
Epus. Gloucester.
Epus. Exon.
Epus. Bristoll.
Epus. Rochester.
Ds. Mowbray.
Ds. Wharton.
Ds. Pagett.
Ds. North.
Ds. Kymbolton.
Ds. Brooke.
Ds. Digby.
Ds. Howard de Chalt.
Ds. Grey de Wark.
Ds. Roberts.
Ds. Pierpointe.
Ds. Howard de Estcrick.
Ds. Dunsemore.
Ds. Savill.
Ds. Powis.
Ds. Herbert de Cherbery.
Ds. Seymour.
Ds. Bruse.

Their Lordships, or any Eleven or more of them, are to meet when the King returns from Scotland.

The King's Answer about he Act of Grace.

Then the Lord Privy Seal reported, "That the Lords have waited on the King; and His Majesty hath commanded, That the Attorney General do wait upon Him after Dinner; and then His Majesty will give him Directions for the speedy drawing up of a General Pardon."

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

Message to the H. C. to acquaint them with it, and to desire them to sit, P. M.

To let them know, that the King hath taken Order with His Counsel, for the speedy drawing of a General Pardon; and further, that this House intends to sit this Afternoon, at Five a Clock; and to desire the House of Commons to sit likewise.

Bill concerning Knighthood.

Hodie 3a vice lecta est Billa, An Act for the Prevention of vexatious Proceedings, touching the Order of Knighthood.

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

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

Message from the H. C. about the Conferences, concerning the Irish Soldiers, and the Scots Treaty.

To let this House know, that whereas they have received Two several Messages, one concerning Irish Soldiers, which the Spanish Ambassador desired for the Service of the King of Spaine, the other concerning the Treaty; that the House of Commons are ready to meet concerning them both, at such Time as their Lordships shall appoint.

The Answer to the said Message is:

Answer.

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

Irish Soldiers for Spain.

The Lord Privy Seal was appointed to deliver at the Conference what he reported this Day, concerning the Irish Soldiers, which the Spanish Ambassador desires to transport.

Scots Treaty.

And the Earl of Bristoll is appointed to give an Account how far the Treaty with the Scotts hath proceeded.

House to be called, P. M.

Ordered, That the House be called this Afternoon; and such Lords as are absent, and cannot give a good Excuse, are to be liable to a Fine.

Knighthood Bill.

Ordered, That the Bill for Knighthood be committed to a Committee of the whole House. And, for the Debate thereof, the House was presently put into a Committee during Pleasure. The Bill was read, and, after some Consideration the House was resumed, but nothing Resolved of at this Time.

Foreign Bullion, not to be seized on Account of the Depredations.

It was signified to this House, "That there is great Quantity of Bullion come over; but there is a Rumour dispersed abroad of the Seisure of Strangers Goods, in Lieu of those Goods which have been taken from Englishmen by Way of Depredation, which will occasion the diverting of the Importation of the same:" Hereupon this House did Order, That it be publicly declared unto all Men, that it is not in the Intention of this House, either to stay or seize any Foreign Bullion or Coin, imported, or to be imported, into this Kingdom; but that all Liberty shall be as fully used now, as in any former Times whatsoever; and of this Declaration and Order, it is their Lordships Pleasure, That general Notice be taken by all Men.

Conference about the Irish Soldiers, and the Scots Treaty, reported.

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 and the Earl of Bristoll reported, "That they had delivered at the "Conference what they were directed by this House."

Then

Adjourn.

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

Post meridiem.

PRAYERS.

A Message was brought from the House of Commons, by Sir Phillip Stapleton:

Message from the H. C. about disbanding the Armies.

To let their Lordships know, that they have considered of the disbanding of both Armies, and are provided of the Money to effect it; and that they have resolved to take the public Faith of the Scotts for their disbanding: Further, that the House of Commons had made an Order, That the Horse of the King's Army be first disbanded; therefore do desire that this House would join with them, that the Horse of the King's Army be first disbanded, and that forthwith.

The Answer returned to this Message was:

Answer.

That this House will take the same into Consideration, being of great Consequence, and will return an Answer by Messengers of their own.

Agree with the Commons about disbanding the King's Horse.

After some Consideration, it is Ordered, That this House doth join with the House of Commons, concerning the disbanding the Horse of the King's Army forthwith.

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

Message from the H. C. to move the Scots Commissioners for the Persons Names who are to receive their Money.

To desire that the Lords Commissioners may move the Scotts Commissioners for the Names of those Persons that are to be trusted for receiving the Residue of the Brotherly Assistance, that so they may (fn. *) be inserted in the Act.

Lords Commissioners to do this.

Ordered, That the Lords Commissioners do move the Scotts Commissioners herein.

Answer returned to the said Message was:

Answer to the H. C.

That this House hath given Order to the Lords Commissioners, to move the Scotts as is desired.

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

Message from the H. C. about the Regency.

To desire a Free Conference, by a Committee of both Houses, concerning the late Conference touching the Custos Regni.

Answer:

Answer:

That this House will give a Meeting presently, as is desired, in the Painted Chamber.

Lords to report the Conference.

Lords appointed to report this Conference were,

The Lord Privy Seal,
Comes Bathon,
Comes South'ton,
Comes Bristoll,
Episcopus Lincolne.

Ne exeat Regnum, against Sir Th.Dawes.

The Petition of the Creditors of Sir Thomas Dawes was read; shewing, "That they stand bound with Sir Tho. Dawes, for great Sums of Money; and they have (fn. *) Reason to fear that he will depart this Kingdom." Hereupon it is Ordered, That there shall be a Ne exeat Regnum issued out against the said Sir Tho. Dawes.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and then the Bishop of Lyncolne reported the Conference, to this Effect:

Conference concerning the Regency reported.

"That formerly the House of Commons had brought up a Proposition concerning a Custos Regni in the King's Absence, of which they have received no Answer, which makes them now renew it again as formerly; and they do offer some more Reasons:

"1. Because that, in the King's Absence, many emergent Occasions may happen in Parliament, or otherwise, where necessary Use may be of the King's Authority, especially in these Times, when Things are not yet so fully settled.

"2. That, by all Precedents, it doth appear that, when a Parliament was sitting in the King's Absence, there was a Custos Regni or Locum Tenens.

"3. For to have a limited Commission to pass particular Bills, in certain Matters wherein the Bills are not yet framed, is without any Precedent that they can find, and may be subject to Dispute and Question, and of dangerous Consequences."

This Conference to be debated Tomorrow.

Ordered, That this Conference, concerning the Custos Regni, shall be debated To-morrow Morning; against which Time the Judges and the King's Counsel are to consider what Precedents are in this Case, and declare their Opinions, and what is the Law herein.

The Lords Commissioners, which went to the Scotts Commissioners, return with this Answer:

Scots Commissioners Answer about the Persons to receive their Money.

That the Names of those (fn. *) who shall receive the Monies of the Brotherly Assistance shall be such as the Parliament of Scotland shall appoint.

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

Message to the H. C. to acquaint them with it, and to desire an Answer to the Articles concerning the Scots Treaty.

To let them know the aforesaid Answer from the Scotts Commissioners; and also to desire them-to return an Answer to the Articles concerning the Treaty sent to them this Morning, and this House will sit until they return an Answer herein.

The Answer returned was:

Answer.

That the House of Commons are now in Debate of the Articles, and they will return an Answer before they rise.

Durham House Bill. Exchange between the Bp. of Durham and E. of Pembroke.

Hodie 3a vice lecta est Billa, An Act for the assuring of a Message called Duresme-House, alias DurhamHouse, and certain Stables, Part of the Possessions of the Bishop of Duresme, situate in the Parish of St. Martin'sin-the-Fields, in the County of Midd. unto the Right Honourable Phillip Earl of Pembrooke and Mountgomery, and his Heirs, and of a Yearly Rent of Two Hundred Pounds per Annum, to the said Bishop of Duresme, and his Successors, in Lieu thereof.

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

Message from the H. C. that they assent to the Articles concerning the Scots Treaty.

A Message was brought from the House of Commons, by Sir John Culpepper; who signified, "That the House of Commons do assent and concur with this House in the Particulars concerning the Treaty with the Scotts."

This to be communicated to the Scots Commissioners.

Ordered, That the Earl of Bristoll hath Power from this House, to signify to the Scotts Commissioners, "That both Houses have given their Assents and Approbation to the said Articles concerning the Treaty; and that they be ingrossed with the rest."

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

Message to the H. C. that the Lords agree to the disbanding of the King's Horse first.

To deliver the Bill concerning Durham-House, which passed this House; and to let them know, that this House doth join with them in their Resolutions concerning the Horse of the King's Army to be first disbanded, and that forthwith.

Committee for Defence of the Kingdom.

Ordered, That the Committee for the Defence of the Kingdom do meet To-morrow in the Afternoon, at Two a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 7m diem instantis Augusti, hora nona, Dominis sic decernentibus.

Footnotes

* Deest in Origin.
* Deest in Origin.