DIE Martis, videlicet, 10 die Augusti.
PRAYERS.
Act authorizing Commissioners to give the Royal Assent to Bills in the King's Absence.
The Commission for giving the Royal Assent to Bills
in the King's Absence was read; and it was agreed it
should be (fn. *) sent to the House of Commons.
Then a Message was sent to the House of Commons,
by Serjeant Glanvile and Sir Robert Rich:
To let them know, That the King will stay a convenient Time this Morning, to pass the Royal Assent to
such Bills as are ready, so as He may go to Stamford
this Night: And further, to carry down the Commission to the House of Commons; and to desire them to
dispatch the Bill that enables this Commission; and
lastly, to tell them, that this House hath passed the Bill
for the Public Faith.
The Messengers return with this Answer:
Answer from the H. C.
That they have delivered their Message to the House
of Commons, and have left the Commission with them.
Then the Lord Privy Seal reported the Bill for the
Clerk of the Market as fit to pass, as it came from the
House of Commons.
Bill concerning the Clerk of the Market, and preventing false Weights, etc.
Hodie 3a
vice lecta est Billa, An Act for the better
ordering of the Office of the Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of False Weights and Measures.
And, being put to the Question, it was consented
to pass as a Law.
Trial of L. Morley.
Ordered, That the Trial of the Lord Morley,
touching the Death of Captain Peter Clarke, shall be
heard in this House at the Bar, on Wednesday come Sevennight; and that Notice hereof be given to the Lord
Morley's Side; and that the Committee for Privileges
do consider of the Manner of the said Trial.
L. Herbert Leave to be absent.
Ordered, That the Lord Herbert de Cherbery hath
Leave to retire himself in the Country, for his Health.
Message from the H. C. with Bills, and for a Conference about the Commission for passing Bills in the King's Absence.
A Message brought from the House of Commons, by
Mr. Nathaniell Fynes; who brought up the Bill for the
Treaty, dispatched; and to desire, That His Majesty
may be moved to pass the Royal Assent to the Bill concerning Gunpowder; and lastly, desired a Free Conference, by a Committee of both Houses, touching the
Bill for the strengthening of the Commission to give the
Royal Assent to Bills in the King's Absence.
The Answer hereunto returned was:
Answer.
That this House will give a present Meeting, for a
Free Conference, as is desired, in the Painted Chamber;
and will appoint some Lords to move the King to pass
the Bill for Gunpowder.
Lords Reporters appointed.
The Lord Privy Seal,
Comes Bristoll, and
The Bishop of Lincolne,
Were appointed to report the Conference.
Committee to move the King for the Royal Assent to the Gunpowder Act.
Then the Lord Chamberlain, Comes Dorsett, Lord
Viscount Say & Seale, and the Lord Savill, were appointed to go to the King presently, and move Him,
That He will be pleased to pass the Royal Assent to the
Bills for Gunpowder, Clerk of the Market, and Knighthood; and to let His Majesty know, That the Bill concerning the Treaty is brought up, and hath passed both
Houses.
Conference reported.
The House was adjourned during Pleasure, the
Lords went to the Conference; which being ended, the
Lord Privy Seal reported, "That the House of Commons had returned the Commission, and the Act to
enable the Commission, with some Amendments; and
desired that some Additions might be made both to
the Commission and the Act; for the House of Commons conceive they are both too particular, and not
general enough, which (fn. *) may be very prejudicial.
Reasons for Amendment of the Commission and Act to pass Bills.
"1. For they find no Precedent that a Parliament
was ever fitting without a General Power.
"2. It might be a dangerous Precedent to accept of
a limited Commission by an Act of Parliament.
"3. There may happen emergent Occasions for the
Safety of the Kingdom, which cannot be foreseen;
therefore it is dangerous to accept of such a limited
Commission by an Act of Parliament."
Answer from the King.
The Earl of Dorsett reported, "That His Majesty
will be here presently, and will give an Answer
concerning the passing of the Three Bills."
A Message was brought from the House of Commons, by Mr. Nath. Fynes:
Message from the H. C. to move the King to postpone His Journey for a short Time.
To desire their Lordships, that the King may be
moved, to stay until the Commission for passing Acts in
His Absence be perfected, because His Majesty did promise to stay a convenient Time for passing the Bill to
enable the Commission.
The Answer returned was:
Answer.
That their Lordships will send an Answer to this
Message, by Messengers of their own.
King present.
His Majesty was this Day present in this House:
and, sitting in His Chair of State, the Gentleman of
the Rod was sent, to call the House of Commons;
who being all come, with their Speaker, the Clerk
of the Crown read the Titles of these Bills following,
severally: videlicet,
Bills passed.
1. An Act for the Confirmation of the Treaty of
Pacification between the Two Kingdoms of England and
Scotland.
2. An Act for securing by Public Faith the Remainder of the Friendly Assistance and Relief promised
to our Brethren of Scotland.
3. 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.
Memorandum, His Majesty hoped, That the Parliament would consider of a Bill for making of good
Gunpowder, and for preserving the Salt-petre
Works for the Defence of this Kingdom; if they
did not, He professes Himself to be clear of the
Inconveniences which else will follow.
4. An Act for the Prevention of vexatious Proceedings
touching the Order of Knighthood.
5. An Act for the better ordering and regulating of
the Office of the Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of false
Weights and Measures.
To these Bills, severally, the Clerk of the Parliament
(by His Majesty's Command) pronounced the Royal Assent, in these Words:
"Le Roy le veult."
Then the Clerk of the Crown read the Title of a
Private Bill: videlicet,
An Act for the assuring of a Messuage called Duresme House, alias Durham House, and certain Stables,
part of the Possessions of the Bishop of Duresme, situate
in the Parish of St. Martin's in the Fields, in the County
of Middlesex, 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.
To this private Bill the Clerk of the Parliaments pronounced the Royal Assent: videlicet,
"Soit fait come il est desiré."
Then His Majesty took His Leave of the Parliament,
hoping to give good Expedition in disbanding of both
Armies; and will make what Haste He can to return
before Michaelmas.
After this, His Majesty departed; and the Commons
went to their House, with their Speaker.
Election of a Speaker of the House.
Declared and Voted by this House, nemine contradicente, That it is the certain and undoubted Right of
this House to choose their Speaker; and the Speaker
is not to depart when this House sits, without the Leave
of this House.
Ordered, That this Declaration, unanimously voted
by this House, shall be added to the Standing Orders
of this House, to be read at the Beginning of every
Parliament.
Acts for the Scots Money, and for the Treaty to be exemplified.
Ordered, That the Two Acts of Parliament, the
one for the Brotherly Assistance, the other for the Confirmation of the Treaty between the Two Kingdoms,
shall be transcribed into the Chancery, by Writs of
Certiorari, directed to the Clerk of the Parliament; and
shall be exemplified by the Clerks of the Petty Bag, in a
Secretary Hand; and this to be the Warrant in that
Behalf.
The Scots desire their Army may pass through Berwick.
The Lords Commissioners reported, "That the Scotts
Commissioners desire them to represent to the King's
Majesty and the Parliament, that, in respect of the
great Rain, which hath been in the North, whereby
the Cannon cannot be carried through Kynsydmure,
nor can the Scottish Army cross the River of Tweed,
His Majesty may be graciously pleased, with Consent
of the Parliament, to permit the Scottish Army to
march through Barwick, since there is no other Passage."
The House, taking this Desire into Consideration, did
appoint the Lords Commissioners to speak with the Scottish Commissioners, and propose unto them the making
of a Passage for their Army over The Tweede with a
Bridge, which the Lord General shall have Order to
make.
A Message was sent to the House of Commons, by Sir
Robert Rich and Sir Edward Leech:
Message to the H. C. to sit P. M.
To let them know, that this House will sit at Five of
the Clock this Afternoon, and to desire that the House
of Commons will sit likewise.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus
instantis diei, hora 5a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
Sutton's Hospital.
Upon reading the Petition of the Governors of Sutton Hospital, desiring to have certain Lands restored to
them in the Fens, taken from (fn. *) them by the Defendants; it is Ordered, That the Consideration of this
Cause be referred to the Committee for Petitions, to be
heard on Thursday come Sevennight, in the Afternoon;
and the Defendants to have a Copy of the Petition.
Serjeant Glanvile Leave to be absent.
Ordered, That Mr. Serjeant Glanvile hath Leave
to go Circuit, and to be excused from his Attendance of
this House in the Interim.
Ld. Rich's Privilege. Camock's Arrest. Phillips discharged.
Upon the Petition of Thomas Phillips, committed to
The Fleet by Order of this House, for arresting Tho.
Camocke, Servant to the Lord Rich, contrary to the Privilege of Parliament; it is Ordered, That the said
Tho. (fn. †)
Phillips (upon his Submission) be forthwith released
and discharged from his present Imprisonment, concerning this Business.
Ld. Chief Justice of the King's Bench, Leave to be absent.
Ordered, That the Lord Chief Justice of the King's
Bench hath Leave to be absent from this House until
Tuesday next.
Vicarage of Bucknell.
Ordered, That the Lord Bishop of Hereford shall have
Power, by virtue of this Order, to put in a Third Man,
to supply the Cure of the Vicarage of Bucknill; and
that Powell shall go on in his Quare Impedit in Lent
Assizes next, or else lose the Benefit of the former Order made by this House in this Cause; and that the Sequestration of the Profits of the said Vicarage shall continue until the Trial be ended.
Message from the H. C. for a Conference about disbanding the Armies.
A Message was brought from the House of Commons,
by Sir Edward Hungerford:
To desire a Conference, by a Committee of both
Houses, concerning the disbanding of both Armies.
The Answer hereunto returned was:
Answer.
That their Lordships will give a present Meeting, as
is desired, in the Painted Chamber.
Lords Reporters appointed.
The Lord Privy Seal, Comes Bathon, and Comes
Bristoll, were appointed to report the Conference.
Conference reported.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
Lord Privy Seal reported the Effect of this Conference;
which was, "That whereas it was formerly intimated
at a Conference, that the Scottish Commissioners declared, That their Army would draw themselves into
a Camp, and begin to march away out of this Kingdom within Eight and Forty Hours after they had received the Monies of Arrears at Newcastle, and the
Eighty Thousand Pounds in Part of the Brotherly Assistance, and had Security for the Payment of the rest;
the House of Commons having now paid them all
their Arrears at Newcastle, and Eighty Thousand
Pounds in London, and have performed all that was
agreed to be performed by them, they desire, that
the Lords Commissioners may move the Scotts Commissioners, in the Name of both Houses of Parliament,
that their Army may march away, according to
their Promise.
"And further, the House of Commons desires this
House would join with them, to write Letters to the
Lord General of the King's Army, to disband the
Horse and Foot presently, that so Peace may be fettled, and Jealousies removed."
Ordered, That this House will join with the House
of Commons, in the Desires of this whole Conference;
and that the Lords Commissioners do move the Scotts
herein.
Tonnage and Poundage Bill.
A Message from the House of Commons, by Mr.
Solicitor St. Johns; who brought up a Bill, intituled,
"A Subsidy granted to the King, of Tonnage and
Poundage, and other Sums of Money, payable upon
Merchandizes exported and imported:" And desired
that this Bill might pass by a special Commission; and
that the said Commission may be issued out before His
Majesty be out of this Kingdom, in His Journey towards
Scotland.
Ditto.
Hodie prima, secunda, et tertia vice, lecta est Billa, An
Act for a Subsidy granted to the King, 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.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 11m diem instantis Augusti, hora 9a Aurora,
Dominis sic decernentibus.