House of Lords Journal Volume 4
9 August 1641

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1767-1830

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'House of Lords Journal Volume 4: 9 August 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 353-356. URL: http://www.british-history.ac.uk/report.aspx?compid=35671 Date accessed: 25 July 2014.


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Contents

DIE Lunæ, videlicet, 9 die Augusti.
Shugborough versus Sir Thomas Boughton. Thomas King's Privilege. French Ambassador desires a Regiment of English Soldiers. Letter from Ireland to the Lord Keeper. Duke of Richmond introduced. Message from the King, that He will soon return from Scotland, and that He will hasten the disbanding the Armies. Sir H. Mildmay's Petition about the Title of Lord Fitzwalter. Sir Thomas Cheek, and the E. of Sussex, to be heard concerning it. Sir Edmond Williams's Recognizance to stand. Commission to pass Bills in the King's Absence. Message to the H. C. for a Conference concerning it. Act authorizing Commissioners to pass certain Bills in the King's Absence. Answer from the H. C. Lords to report the Conference. Conference reported. Cox's Arrest by Points. Message from the H. C. to sit P. M. Answer. Adjourn. Post meridiem. Lobby to be kept clear. Door-keepers to be recompensed. E. of Cleveland's Privilege. Bouldsworth arrested. Delinquents sent for. Message from the H. C. for a Conference concerning the Act for the Treaty. Bills from thence. Answer. Lords to report the Conference. Conferences reported. Scots Commissioners to be acquainted with the Amendments in it. Who agree to them. Sir Richard Wiseman committed for insulting a Peer. Message to the H. C. for a Conference about the Amendments to the Act for the Treaty. Answer. Act authorizing Commissioners to pass certain Bills in the King's Absence. Committee to prevent Quarrels in this House. Message from the H. C. to join in an Address to the King to appoint the E. of Pembroke L. Steward, and the E. of Salisbury L. Treasurer. Act authorizing Commissioners to pass certain Bills in the King's Absence. Message to the H. C. to expedite this and the Act for the Treaty. Message to the H. C. for expediting the Bill for Brotherly Assistance to the Scots. Answer. Standing Order to prevent Quarrels. Message from the H. C. concerning the Bill for the Treaty, and the Bill for the Brotherly Assistance. Committee to move the King, to pass these Bills To-morrow, before he departs for Scotland. Answer to the H. C. Message from the H. C. with the Bill for Brotherly Assistance to the Scots. Act for securing the Brotherly Assistance to the Scots. Answer from the King. Adjourn. Footnotes

DIE Lunæ, videlicet, 9 die Augusti.

PRAYERS.

Shugborough versus Sir Thomas Boughton.

Ordered, That William Purefoy, of Calcott, in the County of Warwicke, Esquire, be added to the Commission of Mr. Shugborough, against Sir Tho. Boughton.

Thomas King's Privilege.

The Petition of Thomas Kinge was read, Servant to His Majesty, complaining "That he was arrested, at the Suit of John Simes, by one Salter a Serjeant of The Poultry Compter, contrary to the Privilege of Parliament:" Hereupon it is Ordered, That the said Thomas Kinge shall be released from his present Restraint or Imprisonment; and that Simes and Salter be sent for, to appear before this House, to answer the same.

French Ambassador desires a Regiment of English Soldiers.

The Earl of Warwicke reported, "That the French Ambassador was with him, and desired his Lordship that he would acquaint this House, That he desired Leave for the raising and transporting of a Regiment of English Soldiers, for the Service of the French King, and in particular the Earl of Carnarvan's Troop of Horse; and he said, if Occasion serves hereafter to employ them in the Service of the Palatinate, the French King would add Ten Thousand Foot to them in that Design."

Hereupon this House thought it fit, That the French Ambassador set down this Proposition in Writing, and then present it to this House.

Letter from Ireland to the Lord Keeper.

Next was read a Letter sent from Ireland, directed to the Lord Keeper of the Great Seal of England, Speaker of the Lords House of Parliament in England; and it is Ordered, To be referred to the Committee of Privileges, to consider of this Letter, and to report their Opinions of the same to this House.

Duke of Richmond introduced.

This Day the Lord James Duke of Richmond was introduced, in his Robes, the Lord Great Chamberlain, the Earl Marshal, and Garter, and the Gentleman Usher going before; and the Lord Marquis of Winton and the Lord Marquis of Hertford on each Side. After his Grace had delivered his Patent and his Writ, upon his Knee, to the Lord Keeper, the Clerk of the Parliament received them both, and brought them to his Table, where he read only the Writ, dated the 8th of August, Anno 17° Caroli Regis; and then he was brought to his Place.

Message from the King, that He will soon return from Scotland, and that He will hasten the disbanding the Armies.

The Lord Keeper reported from His Majesty, "That His Majesty forgot to tell the Houses Yesterday One Thing; videlicet, That His Business are so well prepared in Scotland, that He shall make no long Stay there, and intends to be back before Michaelmas, and it may be by the Midst of September. And concerning the Armies, which He is sorry are not already disbanded, upon the Word of a Prince, He will do His best, and hopes not without good Effect, for the speedy disbanding of them."

Sir H. Mildmay's Petition about the Title of Lord Fitzwalter.

The Petition of Henry Mildemay, Knight, which was delivered by him to His Majesty, was read, concerning his Claim to the Title and Dignity of the Lord Fitzwater.

Then was read the Reference of His Majesty to the Parliament, concerning this Business, that Justice and Right be done.

Sir Thomas Cheek, and the E. of Sussex, to be heard concerning it.

And it being signified to the House, that the Petition concerns Sir Thomas Cheeke, Knight, it is Ordered, That Sir Thomas Cheeke may have a Copy of the Petition and the Reference, and shall be heard concerning his Claim (fn. *) to the said Title and Dignity of Lord Fitzwater, before any Judgement be given by this House; and further it was Ordered, That the Earl of Sussex shall be heard in this Business if he desire it.

Sir Edmond Williams's Recognizance to stand.

Ordered, That Sir Edmond Williams, Knight, shall stand upon the Penalty of his former Recognizance, until he be sent for to appear before this House.

Commission to pass Bills in the King's Absence.

It was signified to this House, That His Majesty hath given Order to His Attorney General, to prepare a Commission to pass such Bills, and to do such Things, in His Majesty's Absence, as were communicated to the House of Commons. Upon this, a Conference was resolved of with the House of Commons, to know of them whether (fn. *) they can think of any more Particulars which are necessary to be inserted into the Commission.

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

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

To desire a present Conference, by a Committee of both Houses, touching the Commission for giving the Royal Assent to Bills in the King's Absence.

Act authorizing Commissioners to pass certain Bills in the King's Absence.

Hodie 1a et 2a vice lecta est Billa, An Act authorizing certain Commissioners, named by His Majesty, to give His Majesty's Royal Assent to certain Bills mentioned in the Commission of this Act.

Ordered, That the Consideration of this Bill be committed to a Committee of the whole House.

This House was presently adjourned into a Committee during Pleasure, to debate this Bill.

The Bill was read; and, after long Debate, the House was resumed; but the Bill not now reported.

The Messengers return, with this Answer from the House of Commons:

Answer from the H. C.

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

Lords to report the Conference.

Then the Lord Privy Seal, Earl of Bristol, Lord Viscount Say & Seale, and the Lord Bishop of Lincolne, were appointed to deliver the Conference.

Conference 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 reported, "That he had spoken at the Conference what he was directed by this House."

Cox's Arrest by Points.

Ordered, That Mr. Points, complained of for arresting of William Cox, at his Suit, shall not be sent for as a Delinquent.

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

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 returned is:

Answer.

That this House will sit this Afternoon, at Three a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Lobby to be kept clear.

Ordered, That no Persons shall be permitted to come into the Little Committee Chamber, nor the Lobby, but the Peers; and such as come upon Occasion to speak with the Lords are to be in the Painted Chamber; and their Lordships Servants are to attend in the Court of Requests.

Door-keepers to be recompensed.

Ordered, That (fn. *) this House will take into Consideration the Keepers of the Doors of this House, to recompense them for their Attendance this Parliament.

E. of Cleveland's Privilege.

Bouldsworth arrested.

Delinquents sent for.

Upon the Motion of the Earl of Cleveland, "That one Edmond Bouldsworth, his Lordship's Servant that receives his Rents, is lately arrested, contrary to the Privilege of Parliament, at the Suit of Robert and Nathaniell Abdy, by Jo. Guy, Tho. Meason, and Smith, Serjeants;" it is Ordered, That a Habeas Corpus cum Causa be forthwith directed to the Sheriffs of London, to bring the Body of the said Edm. Bouldsworth before this House; and also that the said Robert and Nath. Abdy, and Jo. Guy, and Tho. Meason, and Smith, be sent for, to appear before this House, to answer the same.

A Message was brought up from the House of Commons, by Mr. John Bellasis:

Message from the H. C. for a Conference concerning the Act for the Treaty.

Bills from thence.

To desire a present Conference, by a Committee of both Houses, touching the Act of the Treaty. Further, he was commanded to deliver a Bill concerning Durham House, sent from this House, which hath likewise passed their House. Lastly, the House of Commons desires, That the Bills concerning Gunpowder, Knighthood, Pirates, Pluralities, and the Clerk of the Market, may be presented to His Majesty, to receive His Royal Assent.

The Answer returned is:

Answer.

That their Lordships will give a present Conference, as is desired: For the Bills, Two of them have passed both the Houses, and they will move the King to pass them; for the rest, they are under Commitment, but their Lordships will pass them as soon as may be.

Lords to report the Conference.

The Lord Privy Seal,
Comes Bath,
Comes Bristoll,
Lord Viscount Say & Seale, and
Lord Bishop of Lincolne.

Were appointed to report the Conference.

Conferences 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 reported, "That, at this Conference, the House of Commons delivered back the Act concerning the Treaty, with some Amendments and Additions;" which, being Three Times read, were voted by this House as fit to pass.

Scots Commissioners to be acquainted with the Amendments in it.

This House returned this Answer to the House of Commons:

That their Lordships have consented and agreed to those Amendments and Additions in the Act concern ing the Treaty; but, because the Act came from the Scotts Commissioners, their Lordships think it fit to speak with them, and acquaint them with the Words that are to be added, before they be inserted.

Who agree to them.

Hereupon some Lords were appointed to go unto the Scotts Commissioners, to acquaint them herewith; who returned with this Answer:

That the Scotts Commissioners have assented to the said Amendments and Additions, and so this House Resolved, To send the same down again to the House of Commons.

Sir Richard Wiseman committed for insulting a Peer.

Sir Richard Wiseman was brought to this Bar, for miscarrying himself towards a Peer of this House; and, because of the important Business now in Hand, it is Ordered, That he shall be committed to The Gatehouse until this House can have more Leisure to examine the Business.

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

Message to the H. C. for a Conference about the Amendments to the Act for the Treaty.

To desire a Conference, by a Committee of both Houses, touching the Amendments and Additions in the Bill concerning the Treaty.

The Messengers return with this Answer from the House of Commons:

Answer.

That they will give a Meeting presently, in the Painted Chamber.

Act authorizing Commissioners to pass certain Bills in the King's Absence.

The Lord Privy Seal reported the Bill for the enabling of the Commission to give Power to pass Bills in the Time of the King's Absence in Scotland; the Amendments and Additions, being read Thrice, were approved of; and it was Ordered, The Bill should be ingrossed accordingly.

Committee to prevent Quarrels in this House.

Lords appointed to draw up an Order to prevent Quarrels in this House, which Order shall be inrolled, and read with the Standing Orders of this House, at the Beginning of every Parliament: videlicet,

The L. Privy Seal,
Comes Bathon.
Comes Cambridge.
L. Viscount Say et Seale,
Ds. Mowbray.
Ds. Wharton.
Ds. Brooke.

These Lords withdrew presently into the Prince's Lodgings.

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

Message from the H. C. to join in an Address to the King to appoint the E. of Pembroke L. Steward,

To let their Lordships know, That they understanding that the Lord Steward is to go beyond the Seas with the Queen, and so is to resign his Staff, the House of Commons desire their Lordships to join with them, to move His Majesty, That he may resign his Staff to the Earl of Pembrooke, who is a very fit Person for that Place.

and the E. of Salisbury L. Treasurer.

And further, he was commanded by the House of Commons to signify, That they have taken into Consideration the settling of the King's Revenue; and, because it will be requisite to have a Lord Treasurer that is a Person of Honour and Abilities, they have voted, nemine contradicente, the Earl of Salisbury to be a very fit Person for that Place; therefore the House of Commons desires that their Lordships would join with them, to recommend him to His Majesty for that Place.

The Answer returned was:

That their Lordships will return an Answer, by Messengers of their own.

Act authorizing Commissioners to pass certain Bills in the King's Absence.

Hodie 3a vice lecta est Billa, An Act authorizing certain Commissioners, named by His Majesty, to give His Majesty's Royal Assent unto certain Bills mentioned in the said Commission and in this Act.

And being put to the Question, it was consented to pass, nemine contradicente.

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

Message to the H. C. to expedite this and the Act for the Treaty.

To deliver this Bill, which hath passed this House; and to desire the House of Commons to dispatch it with all convenient Expedition they can; and further, to desire them to (fn. *) let their Lordships know whether they can pass this Bill, and the Act concerning the Treaty, this Night; if they can, their Lordships will sit until they hear from them.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

Message to the H. C. for expediting the Bill for Brotherly Assistance to the Scots.

To desire that, in regard the Lords conceive that there is a Necessity of passing the Bill of Public Faith for the securing of the Brotherly Assistance of Two Hundred and Twenty Thousand Pounds, without which the Treaty will not be perfected, their Lordships desire they would take the speedy passing of the said Bill into Consideration.

The Messengers (Serjeant Whitfeild and Serjeant Glanvile) returned, with this Answer from the House of Commons:

Answer.

That they have taken their Lordships Message into Consideration; and they will send an Answer, by Messengers of their own, in convenient Time.

Then the Lord Privy Seal reported to this House a Draught of an Order which the Lords Committees drew up; and, being read, it was approved of: videlicet,

Standing Order to prevent Quarrels.

"It is this Day Ordered, by the Lords in Parliament, for avoiding of all Mistakes, Unkindnesses, or other Differences, which may grow to Quarrels, and tending to the Breach of the Peace, That, if any Lord shall conceive himself to have received any Affront or Injury from any other Member of the House, either in the Parliament House, or at any Committee, or in any of the Rooms belonging to the Lords House of Parliament, he shall appeal to the Lords in Parliament for his Reparation; which if he shall not do, but occasion or entertain Quarrels, declining the Justice of the House, then the Lord that shall be found therein delinquent shall undergo the severe Censure of the House of Parliament. And this Order is to be added to the Standing Orders of this House."

Sir Edward Leech and Mr. Page return this Answer:

That they have delivered the Message to the House of Commons.

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

Message from the H. C. concerning the Bill for the Treaty, and the Bill for the Brotherly Assistance.

To let their Lordships know, that they have taken into Consideration the Bill concerning the Treaty, but cannot dispatch (fn. *) it this Night, but will set about it early To-morrow Morning; in the mean Time, they desire His Majesty may know, what Care they have taken herein. As for the Bill of Public Faith, to secure the Brotherly Assistance, the House of Commons is now reading it the Third Time; and, if their Lordships (fn. *) please to sit a little longer, they will bring it up.

Committee to move the King, to pass these Bills To-morrow, before he departs for Scotland.

Hereupon these Lords following were appointed to attend His Majesty, and acquaint Him with the Care of the House of Commons concerning the Bill for the Treaty; and to desire His Majesty to defer his Journey To-morrow Morning for some Hours, to pass these Bills: videlicet,

The Lord Chamberlain.
Comes Bathon.
Comes Bristoll.
Lord Viscount Say and Seale.

The Answer returned to the Messengers from the House of Commons was:

Answer to the H. C.

That their Lordships have appointed some Lords to signify to the King their Care of the Dispatch of the Act concerning the Treaty; and that their Lordships resolve to sit until they bring up the Bill of Public Faith.

Message from the H. C. with the Bill for Brotherly Assistance to the Scots. Act for securing the

A Message was brought from the House of Commons, by Sir Arthur Haselrigge:

Who delivered from the House of Commons the Bill of Public Faith, for securing the Brotherly Assistance, which had passed that House.

Brotherly Assistance to the Scots.

Hodie 1a, 2a, et 3a vice lecta est Billa, An Act for the securing by Public Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland.

And, being put to the Question, it was consented to pass as a Law, nemine contradicente.

The Lords that waited on the King returned with this Answer:

Answer from the King.

"That His Majesty will stay To-morrow Morning as long as conveniently He can, to dispatch the Bills, if He sees there will be any Hopes the Business will be ready for Him."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 10m diem instantis Augusti, hora 6a Aurora, Dominis sic decernentibus.

Footnotes

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