DIE Mercurii, videlicet, 18 die Augusti.
PRAYERS.
Message from the H. C. about the Departure of the Commissioners for Scotland.
A Message was brought from the House of Commons,
by Sir William Ermin:
To put their Lordships in Mind that there hath been
a Conference, to send Commissioners into Scotland; that
the House of Commons desire it may be done speedily.
The Answer returned was:
Answer.
That their Lordships are of Opinion, "That there go
First an Express to the King, with a Petition and
Draught of the Commission; and the Commissioners to
go on softly on their Journey before-hand, and the
Commission to overtake them; and that their Lordships
are ready to join with the House of Commons herein."
Ld. Mayor, &c. of London and the Commonalty.
Ordered, That the Two Sheriffs of London and
Serjeant Greene shall forthwith attend the Lords Committees appointed to compose the Differences between
the Lord Mayor and the Commonalty.
Two Bishops to have Access to the Abp. of Cant. about the Answer to their Impeachment.
Ordered, That the Lord Bishop of Rochester, with
One other of the Bishops, may have free Access Twice
unto the Lord Archbishop of Cant. to speak with him
concerning their Answer to the Impeachment brought up
against them from the House of Commons, for making a
Book of Canons, and granting a Benevolence; and they
are to speak with the said Archbishop of Cant. (fn. *) about
no other Business.
Impeached Bishops to have Access to Records, &c.
Ordered, That the Lords the Bishops may have Access unto, and have Copies of, all such Acts and Records as are in any of His Majesty's Courts of Justice
and Public Offices, which may make for their Defence
or Answers to the Impeachment brought against them
from the House of Commons.
Bishops Leave to be absent.
Ordered, That the Bishops of Winton and Coventry
and Litchfeild have Leave to go into the Country.
Popish Priests privileged by the Queen.
This House being this Day informed, "That divers
Romish Priests, being lately apprehended according to
the Statutes and Laws of this Realm, do take upon
them to be the Queen's Servants, which is a Stop to
the Justice of the Law:" Hereupon it is Ordered,
That it be intimated, by the Earl of Dorsett, to the
Queen's Majesty, That there may (fn. †) be a List made of the
Priests Names, and other Servants of Her Majesty, that
are Recusants, and be presented to this House.
Committee for Gunpowder.
Ordered, That the Committee for Gunpowder do
meet this Afternoon, at Three a Clock; and these Lords
following were added to the said Committee:
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L. Great Chamberlain.
Comes Bedford. |
Ds. Cromewell.
Ds. Goringe.
Ds. Capell. |
Lord Mayor, etc. of London, and the Commonalty.
Ordered, That the Lord Mayor and Sheriffs of
the City of London do attend this House again To-morrow Morning, at Ten a Clock.
E. of Warwick versus Sir Henry Marten.
Upon Report this Day to this House, by the Lords
Committees for Petitions, of the Cause between the
Right Honourable the Earl of Warwicke and Sir Henry
Marten, Knight, and William Langhorne, Merchant; it
is Ordered, That Sir Henry Marten and William Langhorne shall make their Election by Thursday come Sevennight, whether they will give Security of Six Thousand
Pounds to stand to the Order of this House, upon the
Re-hearing of the said Cause at this Bar, or else to pay
the Earl of Warwick Two Thousand Four Hundred
Pounds, presently.
Order to search for Powder, etc. near the Parliament House.
Ordered, That Mr. Justice Heyward shall have
Power, by virtue of this Order, to search, before the
next Meeting of Parliament, at Rosebie's House, the
Tavern, and such other Houses and Vaults and Cellars
as are near the Upper House of Parliament, that there
be no Powder, Arms, or any other Ammunition, as
may endanger the Safety of the Houses of Parliament;
and hereof Account is to be given to this House.
Lord Brudenell Leave to be absent.
Ordered, That the Lord Brudenell hath Leave to
go into the Country, upon his Occasions.
A Message was brought from the House of Commons,
by Sir Christofer Yelverton, Baronet:
Answer from the H. C. for a Conference, about the Safety of The Tower.
To desire a present Conference, by a Committee of
both Houses, touching the Safety of The Tower of
London.
The Answer hereunto returned was:
Answer.
That this House will give a Meeting presently, as is
desired, in the Painted Chamber.
The Lord Privy Seal,
The Lord Viscount Say & Seale, and
The Lord Bishop of Lincolne,
Were appointed to report the Conference.
Conference reported.
This 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 the House of Commons had taken into Consideration how to secure the Safety of The Tower of
London, especially at this Time, when the Armies are
not yet disbanded, the King's Majesty in Scotland,
and the Lieutenant of The Tower being gone with the
King; this being a Matter of so great Consequence,
the House of Commons desires their Lordships, That
the Earl of Newport, Constable of The Tower, may
be commanded forthwith to repair to his Charge in
The Tower, to secure it, and abide there during the
Time of the King's Absence in Scotland; and also it
is desired that some Men of the Hamlets may be appointed to guard The Tower, Fifty by Day and Fifty
by Night; and a further Supply of Forty or Fifty
Men more, if Need be, upon any emergent Occasion,
to be added."
Order for the Safety of The Tower.
Hereupon it is Ordered, That the Constable of
The Tower shall forthwith repair to his Charge in The
Tower, and abide there, for the Safety of the same,
during the King's being in Scotland; and he to be responsible for the same; and that he take in Forty Men
to guard The Tower, such as he will be answerable for,
who are to be paid by the House of Commons.
Report of the Conference, concerning restraining Recusants.
Then the Lord Viscount Say & Seale reported the
Conference Yesterday with the House of Commons,
touching disarming of Popish Recusants, etc. videlicet,
"That, because divers former Directions have been
frustrated, the House of Commons holds it necessary
to add some extraordinary Courses at this Time for
the disarming of Papists, there being more than extraordinary Cause of Danger; for effecting whereof,
it is propounded and desired, That Commissioners, or
Committees, may be forthwith sent into the Countries
of most Danger, as Yorkeshire, Lancashire, Cheshire,
Staffordshire, Hampshire, and Sussex, authorized by
Ordinance of Parliament to see the Papists disarmed
in these Places.
"That these Committees may examine where the
Defect hath been that former Orders have not been
observed, especially in Case of such Papists as are of
Power; and that they may have Direction to give
the Oath of Allegiance to such as are justly suspected
of Popery.
"That the Commons have been informed that divers
Recusants have been kept from Conviction by Privilege of Parliament, allowed in their Upper House;
whereupon it was delivered, as the clear Opinion of
the House of Commons, That no Privilege of Parliamentis to be allowed in this Case of Conviction, or disarming of Recusants; for which these Reasons were given.
"1. That no Privilege is allowable in Case of the
Peace betwixt private Men, much more in Case of
the Peace of the Kingdom.
"2. That Privilege cannot be pleaded against an Indictment for any Thing done out of Parliament, because all Indictments are contra Pacem Domini Regis.
"3. Privilege of Parliament is granted in regard of
the Service of the Commonwealth, and is not to be
used to the Danger of the Commonwealth.
"4. That all Privilege of Parliament is in the Power
of Parliament, and is a Restraint to the Proceedings
of other Inferior Courts, but is no Restraint to the
Proceedings of Parliament; and therefore, seeing it
may without Injustice be denied, this being the Case
of the Commonwealth, they conceive it ought not
to be granted.
"Whereupon it is desired, that their Lordships will
declare, That all Privilege shall be void in Case of the
Conviction or disarming of Recusants; and that all
Certioraris out of the King's Bench, to hinder the
Conviction of Recusants, may be superseded.
"That this Direction may extend to Lords as well
as to other Common Persons, there being more Cause
of Fear from them, in regard of their Power and
Greatness, than from others.
"That, if any Popish Recusant of Quality shall be
found not to be convicted, that such Persons be commanded forthwith to attend the Parliament.
"To declare the Opinion of the House of Commons,
That Popish Recusants, as this Case is, may be disarmed by the Common Law, being Persons justly to
be suspected for some dangerous Design; and that,
where there is Cause of Fear, this may be extended
to such Persons as have Wives Recusants, or Children,
or any but considerable Number of Servants, as
may give good Cause of Suspicions.
"That, in ordinary Cases, if there be a Combination
to do any Mischief, to commit a Riot, rob a House,
or hurt any private Persons, the Justices of the Peace
may take Security to prevent such Dangers, much
more in the Case where the Danger of the Commonwealth is to be prevented.
"Divers Precedents were remembered of the disarming
Lords of Parliament, the Marquis of Winchester, Lord
Peeter, Lord Vaux, Lord Arundell of Wardour, and
divers others."
Recusants to be disarmed according to Law.
Then, after some Consideration of this Conference,
it is Ordered, That this House doth join with the
House of Commons, to send Commissioners to disarm
Recusants, according to Law; for the other Part of
it, their Lordships will take it into Consideration.
A Message was brought from the House of Commons, by Mr. Hotham:
Message from the H. C. for a Conference, about the Commission, etc. to be sent to Scotland.
To desire a Free Conference, by a Committee of both
Houses, concerning the Commission and Instructions
which are to be sent to Scotland.
The Answer returned was:
Answer.
That this House will give a present Meeting, in the
Painted Chamber, as is desired.
The Lord Privy Seal, Lord Viscount Say & Seale,
and the Lord Bishop of Lincolne, were appointed to report this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Then
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Jovis,
videlicet, 19m diem instantis Augusti, hora nona, Dominis sic decernentibus.