DIE Jovis, videlicet, 9 die Septembris.
PRAYERS.
Money in the Poor's Box distributed.
This Day the Money in the Poor's Box, being Four
and Thirty Pounds, was distributed.
Steward's Order about Records.
Ordered, That the Copies of Records in Ireland,
concerning Mr. Steward's Cause, shall be delivered into
this House upon Oath, to remain with the Clerk of the
Parliament until the Hearing of his said Cause before
the Lords Committees for Petitions, which is hereby appointed to be heard on Friday the 10th of December
next; against which Time the Defendants are to have
convenient Warning to attend the Hearing, and make
their Defence in the said Cause, which Records were
attested to be true Copies, by one Gosse, upon Oath.
Mixing Wines.
Ordered, That the Bill against sophisticating of
Wines shall be ingrossed.
A Message was sent to the House of Commons, by
Sir Robert Rich and Mr. Page:
Message to the H. C. about the Commissioners sent to Scotland.
To desire them to hasten what Business they have
to communicate to this House, touching the Committees
of both Houses sent into Scotland.
Sir George Radcliffe, about Osboldeston's Estate.
Upon reading the Petition of Sir George Radcliffe,
Knight, trusted with the Estate of Sir Richard Osboldeston, Knight, deceased; it is Ordered, that the Writings concerning the Estate of the said Sir Richard Osboldeston shall still remain and continue under the same
Trust that the said Sir Richard did leave them, and in
whose Custody they now are; but when Henry Marten
and Henry Fowles, Esquires (Trustees, by Order of this
House, of the Personal and Real Estate of the said Sir
Richard to the Use of Wm. Osboldeston his Son), or
either of them, shall have Occasion to see and peruse the
said Writings, they are hereby authorized to have free
Recourse unto them, and peruse them accordingly, so
that it be in the Presence of Sir Thomas Witherington,
Knight, Mr. William Tyndall, and Mr. Richard Elmeburst, Trustees for the said Writings, in whose Custody
they now remain, by having several Keys in their own
Possessions, or otherwise, in the Presence of the said
Sir Thomas Witherington, in whose House they now are.
Busby versus Smith in Error.
Ordered, That the Writ of Error between Smith
and Busby shall be argued in this House, by Counsel
on both Sides, on Friday the Twenty-second of October
next, at which Time all the Judges are hereby desired
to be present.
The Messengers returned with this Answer from the
House of Commons:
Answer from the H. C.
That they will send an Answer, by Messengers of
their own, in convenient Time.
A Message was brought from the House of Commons,
by Mr. Waller:
Message from the H. C. for Conference, about sending Troops to Foreign Parts, and Instructions for the Commissioners to Scotland.
To desire a present Conference, by a Committee of
both Houses, touching the restraining of Foreign Forces
to be transported to serve any Foreign Parts, and also
touching some Instructions to be sent to the Committees
of both Houses into 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,
Comes Bedford, and
The Bishop of Lincolne,
Were appointed to report the Conference.
Cook versus Blackston:
Ordered, That the whole Business between John
Cooke, Clerk, Plaintiff, against Benjamin Blackston,
Clerk, Defendant, consisting of Matters of Law, and
hath formerly had Proceedings both in the Court of
King's Bench and Common Pleas, shall, by virtue of
this Order, be referred to the Consideration of the Two
Lord Chief Justices of the said Courts, who, having
considered of the said Cause, are to certify the Estate
of the same unto this House on the First Day of the
next Term, with their Opinions therein; and further
it is Ordered, That the Profits of the Thing in Question shall, in the mean Time, be sequestered by the
Churchwardens of the said Parish, by the Oversight of
the next Justice of the Peace; and lastly it is Ordered, That, if the said Blackston shall demean himself
otherwise than well befits him, and that Oath be made
thereof unto the said Justice, that then the said Justice
shall bind him the said Blackston to the Peace; and also
that he shall be bound by the said Justice in the Sum of
Five Hundred Pounds unto the King, to appear in this
House upon the said First Day of the next Term, at
which Time this House will further consider of this Business.
Delinquents in Sir William Killigrew's Cause.
Ordered, That such Delinquents as are, or shall be,
apprehended by the Gentleman-usher, or his Deputy,
in Sir William Killegrewe's Cause, between this and the
20th of October next, shall be released of their present
Restraint, upon their entering into Bond of One Hundred
Pounds a Man, in the Parliament Office, with Condition to
render themselves in the said Gentleman-usher's Custody,
and to appear before this House on the Twenty-fifth of
October next; but, if Sir William Killegrewe make not
good his Charge against them, then he is to repay them
their Fees and Charges, which they shall expend in this
Business.
Order for Viscount Loftus's Cause to be heard.
It is this Day Ordered by the Lords in Parliament,
That the Cause of the Lord Viscount Loftus, which was
brought up from the House of Commons, shall be
heard before the Lords in Parliament on Thursday the
4th of November next, at Nine of the Clock in the
Morning, in the House; and that the Earl of Ormond,
Robert Lord Dillon, Sir Adam Loftus, Knight, Sir George
Sherly, Knight, Sir William Parsons, Knight, Sir Gerrard Lowther, Knight, Sir Richard Bowlton, Knight,
Christofer Wandisford, Esquire, Sir John Burlace,
Knight, Sir Phillip Manwaring, Knight, Sir Charles
Coote, Knight, Sir George Radcliffe, Knight, Sir Robert
Meredith, Knight, Sir Paule Davis, Knight, Sir George
Wentworth, and Sir John Gifford, Knights, are, at the
Day prefixed, to attend their Lordships, so that they
have Notice thereof Six Weeks before the said Hearing; upon which Notice, they are, either of themselves,
or their Counsel, Solicitors, or Agents, to attend the
Lords at the said Hearing.
Conference concerning Instructions for the Commissioners to Scotland, and about levying Irish Troops for Spain.
Then the House was adjourned (fn. *) 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 delivered Two Papers
at this Conference:
"One containing Instructions agreed by the Commons
to be sent to the Committees in Scotland, touching
the transporting of Soldiers out of Ireland, for the
Service of the King of Spaine.
"The Second Paper was concerning raising and transporting of Forces out of His Majesty's Dominions,
etc. In both which the House of Commons desires
their Lordships to join with (fn. †) them."
Then, by the Command of the House, the First
Paper was read, intituled,
"Instructions agreed by the Lords and Commons
in Parliament, upon the 9th Day of September 1641, to be sent to the Committees of
both Houses, now attending His Majesty at
Edinborough.
Instructions for the Committee at Edinburgh, about the Spanish Ambassador contracting with the disdanded Soldiers.
"Whereas we have received Information from you,
as likewise from Mr. Secretary Vane, concerning the
Complaint of the Spanish Ambassador about the Stay
of Four Thousand Men to be raised in His Majesty's
Dominions, and Ships for transporting the same:
You shall, in the Name of both Houses of Parliament, humbly present the true State of proceeding
in Parliament concerning that Business, in this Manner:
"When His Majesty was pleased to acquaint both
Houses with the Desires of the French and Spanish
Ambassadors to transport Forces out of England and
Ireland, His Majesty did withall graciously express His
Resolution not to consent to those Desires without the
Consent of His Parliament.
"Both Houses have searched their Journals, and find
by them that not only they never made any Expression of such a Consent (as they can make no such by
Order), but that both Houses have by Vote declared
their Opinions to the contrary, and have inclosed the
Copy of those Votes.
"That the Parliament cannot but wonder that any
Person should presume to inform His Majesty that
they had made any such Expression, having made no
such Vote; which they conceive to be destructive to
the Proceedings, and contrary to the Privileges, of
Parliament.
"And this being the State of the Matter of Fact,
the Parliament doth no less wonder, and conceives it
a high Injury to them, that the Spanish Ambassador
should offer a Complaint of them to His Majesty for
doing of that which (His Majesty having referred the
Consideration of the Ambassador's Desires to Parliament) they could not but do without manifest Breach
of their Duties, as Counsellors in this His Majesty's
Great Council of Parliament, for the Reasons following:
Reasons against levying Soldiers for the King of Spain.
"1. That the Want in which Foreign States stand of
Men is such, that great Use may be made of them by
His Majesty, and advantageous Conditions had for
them in the making or strengthening of Alliances
Abroad, as His Affairs and Reason of State may require, which will be left (as to so many, and we fear
as to more, which under Colour of these may be
transported) if these Men should be thus parted with.
"2. That the breeding of Irish Papists in a Foreign
War may beget Danger to that Kingdom, and Trouble to this, especially serving under the King of
Spaine, there being already in His Dominions, and
in His Armies, Fugitives of that Nation, and that in
great Commands over Militia of the same.
"3. That His Majesty having sent an Extraordinary
Ambassador to Ratisbone, to demand that, in this
present Diet, Justice be done to the Electoral House
by the House of Austria, and likewise published a
Manifesto, by Advice of Parliament, declaring, that
if this be not done by them (with whom, how the
Interests of Spaine are involved and interwoven is
evident to all Men), His Majesty will employ all such
Power wherewith God hath enabled Him, both by
His own Arms and the Assistance of all His Allies, to
vindicate His Honour. The Parliament conceives
that, before Answer be made to this so just Demand,
it is neither safe nor honourable for His Majesty to
furnish that Prince with Forces, which may be a Disheartening to the Protestant Party abroad, a Weakening to His Majesty, and a Strength to his Enemies,
in case Justice be not done to the Electoral House;
which they conceive themselves to have the more
Cause to doubt, by reason of the Publication in Print
of the late general Amnesty, to the Exclusion of the
Prince Palatine."
Then it was Resolved, upon the Question, nemine
contradicente, That this House joins with the House of
Commons herein.
The Second Paper was read: videlicet,
"An Ordinance made and agreed upon by the
Lords and Commons in Parliament, the 9th
of September 1641, concerning the raising
and transporting of Forces of Horse and Foot
out of His Majesty's Dominions of England
and Ireland.
Ordinance about transporting Troops out of the King's Dominions.
"For the Safety and Defence of this Kingdom, and
for the better enabling of His Majesty to aid and assist
His Allies Abroad; it is Ordained, by the Lords
and Commons in Parliament, That none of His Majesty's Subjects shall treat or consent with any Foreign
Prince or State, or the Ambassadors, Agents, or
other Ministers, of any such Prince or State, concerning the raising or transporting any Forces, either
Horse or Foot, to be employed in the Service of any
such Prince or State.
"That it shall not be lawful for any Owner or Master
of any Ships, in either the said Kingdoms, to
contract or agree for the transporting of any Forces,
Horse or Foot, out of this Kingdom, for the Service
of any Foreign Prince or State.
"And that no such Forces shall be raised, transported, or employed, by any Person whatsoever, in the
Service of any Foreign Power or State, without the
special Licence of His Majesty, with the Consent and
Advice of the Lords and Commons in Parliament.
"It is further Ordered, That none of the Ships
of any of His Majesty's Subjects of England or Ireland, which are or shall be employed in the Service
of any Foreign Prince, shall be used or employed
against any Forces which shall be any where commanded by His Majesty's Commission, by Sea or
Land; but that such of His Majesty's Subjects as are
in any such Service shall forthwith withdraw themselves from the same, and refuse to bear Arms in any
such Case.
"It is lastly Ordained, That whosoever shall contemn
or disobey this Ordinance shall be taken to be a high
Contemner of His Majesty's Authority, and of both
Houses of Parliament, and shall be liable to such further Censure of Parliament as shall stand with Honour and Justice in that Behalf; this Ordinance to
continue and be in Force no longer but to the First
Day of November next ensuing."
Resolved, upon the Question, by the major Part,
That this House joins with the House of Commons in
this Ordinance, with the Alteration of the Continuance
of it till the First of November next.
A Message was sent to the House of Commons, by
Sir Robert Rich and Mr. Page:
Message to the H. C. for Committees to meet during the Recess.
To desire a Conference, by a Committee of both
Houses, touching the Instructions and Ordinance presented this Morning from them, and touching a Committee to be appointed to meet during the Time of the
Recess, to receive and answer the Letters which shall
come from the Committees in Scotland, and to do other
Things as shall be directed by the Houses.
Committee to correspond with the Committees at Edinburgh during the Recess.
Ordered, That these Lords following shall have
Power from this House, to join with a select Committee
of the House of Commons, to receive and open the
Letters which shall (in Time of the Recess) come from
the Committees of both Houses out of Scotland, and
to return Answers, according to Instructions given to
the Committees already; and to have Power to re-call
the said Committees in Scotland when they shall think
fit; and to assist about disbanding the Army, and removing the Magazines at Barwicke and Carlile, and
sending down Monies to the Army, if Need be: And
that these Lords Committees are to make Report of the
same to this House at the next Meeting; and lastly, to
give Notice to the said Committees in Scotland to direct
their Letters to the Lord Keeper: videlicet,
|
The L. Keeper.
The L. Privy Seal.
L. Chamberlain.
Comes Warwicke.
Comes Clare.
Comes Denbigh.
Comes Cleveland.
Comes Dover.
Comes Newport. |
Comes Portland.
Epus. Lincolne.
Ds. Mowbray.
Ds. Wharton.
Ds. Wentworth.
Ds. Kymbolton.
Ds. Pierpointe.
Ds. Dunsemore. |
Their Lordships, or any Three of them or more,
to meet on Tuesday next at Two a Clock, in the
Afternoon, in this House, and at such other
Times as they shall please to appoint.
The Messengers return with this Answer from the
House of Commons:
Answer.
That they will give a present Meeting, as is desired,
in the Painted Chamber.
Order concerning Divine Service.
It being in Debate concerning the printing and publishing of an Order touching Divine Service; it was
Resolved, upon the Question, by the major Part, That
this House will vote the printing and publishing of the
Order made the 16th of January, 1640, concerning
Divine Service, before this House desires a Conference
with the House of Commons concerning that Particular.
Lords dissenting, and making Protestation against the
Vote, having demanded their Right of Protestation, of
the House, before the putting of the Question so to do:
|
Comes Bedford.
Comes Warwicke.
Comes Clare. |
Comes Newport.
Ds. Wharton.
Ds. Kymbolton. |
"The Protestation:
Protest against the Order concerning Divine Service and Ceremonies.
"After the Debate about the Printing and Publishing of the Order of the 16th of January last, videlicet, "That the Divine Service be performed as it is
appointed by the Acts of Parliament of this Realm;
and that all such as shall disturb that wholesome Order
shall be severely punished, according to Law; and
that all Parsons, Vicars, and Curates, in their several
Parishes, shall forbear to introduce any Rites or Ceremonies, otherwise than those which are established
by the Laws of this Land:" It being put to the
Question, whether the Lords would Order that it
should be voted, That the said Order of the 16th of
January should be printed and published, before a
Conference desired with the House of Commons
about it; we, whose Names are underwritten, did
disassent; and having, before the putting of the
Question, demanded our Right of Protestation, did
accordingly make our Protestation, That we held it
fit and necessary to have the Consent of the House of
Commons in those Things which concern so nearly
the Quiet and Government of the Church; and therefore we desired to have a Conference with the House
of Commons before any conclusive Order were printed or published herein, especially the House of Commons having but lately brought to us, and desired the
Consent of our House unto, certain Votes of theirs
against Innovations in or about the Worship of God
lately practised in this Kingdom, without Warrant of
Law; and therefore, to acquit ourselves of the Dangers and Inconveniences that might arise by the printing and publishing of the said Order of the 16th of
January as binding to the whole Kingdom, without
desiring the Consent of the House of Commons,
we do protest our Disassents to this Vote, and do thus
enter it as aforesaid:
|
"Comes Bedford.
"Comes Warwicke.
"Comes Clare. |
"Comes Newport.
"Ds. Wharton.
"Ds. Kymbolton." |
This House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Resolved upon the Question, by the major Part,
The Order to be published.
That the Order, made the 16th of January 1640,
touching the Performance of the Divine Service according to the Laws and Statutes of this Kingdom, shall be
printed and published.
Message to the H. C. to join in it.
Hereupon it is Ordered, To have a Conference
with the House of Commons, to desire them to join
herein with this House.
Then a Message was sent to the House of Commons,
by Sir Robert Rich and Mr. Page:
To desire a present Conference, by a Committee of
both Houses, touching the Performance of the Divine
Service according to the Laws and Statutes of this Kingdom.
A Message was brought from the House of Commons,
by Mr. Arthur Goodwin:
Message from the H. C. about the Ordinance, &c.
"1. He said, he was commanded by the House of
Commons to return the Instructions and Ordinance of
Parliament, which they agree to, with the Amendments.
Prayer on the Thanksgiving Day at Lincoln.
"2. He brought up a printed Paper, being a Prayer
made for the Diocese of Lincolne, to be said on the
Day of Thanksgiving; and that the House of Commons desires to know whether the Lord Bishop of
Lincolne made or enjoined it, and whether the said
Prayer was allowed by this House.
Irish Affairs and the Plague.
"3. To desire a Conference, by a Committee of
both Houses, touching the transmitting of some Irish
Affairs; and touching the Orders concerning the Persons that are infected with the Plague."
The Answer hereunto returned was:
Answer.
That this House will give a Meeting presently, as is
desired, in the Painted Chamber.
Thanksgiving Prayer at Lincoln.
As for the Prayer of Thanksgiving, the Bishop of
Lincolne confesses he made it, but did not enjoin the same;
and that the said Prayer was not done by Order of this
House.
The Lord Bishop of Lincolne and the Lord Pierpointe
were appointed to report this Conference; and to deliver
the Copy of the Order of the 16th of January, with
the Vote of this House concerning the same, and to desire
the House of Commons to join with this House therein.
Irish Causes transmitted here.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Lord Bishop of Lincolne
reported the Effect of the Conference: videlicet, "That
the House of Commons have transmitted divers Irish
Causes, with a Recommendation that their Lordships
will appoint a Day for a consider of them. As, the
Cause of the
|
|
"L. Dillon, |
Memorandum, The Lord Bishop of Lincolne is hereafter to make a further Report concerning the particular Charges, as was delivered by Mr. Pym." |
| "L. Netterfeild, |
| "L. Viscount Loftus, |
| "L. Mountnorris, |
| "Mr. Fay. |
Plague.
And further his Lordship reported, "That the House
of Commons have assented to the Orders concerning
the Ordering of Persons that are infected with the
Plague, with some Amendments and Additions;" to
which this House agreed, and Ordered the same to be
printed and published.
A Message was sent to the House of Commons, by
Sir Robert Rich and Mr. Page:
Message to the H. C. about publishing the Order concerning the Plague.
Letters from Scotland.
To let them know, that this House consents to the
Orders concerning the Ordering of infected Persons,
and have Ordered the same to be printed; and further,
to know whether they will appoint a select Committee
of their House, to join with a Committee of Seventeen
Lords, whereof Three to be of the Quorum, as was
propounded at the Conference this Day, to open Letters
which come from the Committees in Scotland, etc.
Orders concerning Divine Service.
The Bishop of Lincolne reported further: "That he
had delivered, at the Conference, what he was commanded, concerning the Order touching Divine
Service."
The Messengers return with this Answer:
Answer from the H. C.
That the House of Commons will return an Answer
forthwith, by Messengers of their own.
Then a Message was brought from the House of
Commons, by the Lord Viscount Faulkland:
Message from the H. C. about the Recess.
To let their Lordships know, that the House of
Commons have made a Committee, to have the same
Power as the Committee of this House, to sit during
the Time of the Recess, as they shall please: and desired that the Committee of this House may have
Power to recall the Committees in Scotland, when they
shall think fit.
Committee empowered to re-call the Committee from Scotland.
Ordered, That the Lords Committees shall have
Power from this (fn. *) House, to re-call the Committees in
Scotland Home when it shall be thought convenient and
fit.
The Answer given to the Messengers was:
That this House hath given Power to the Lords Committees, to send for the Lords Committees in Scotland
Home; and that the Lords Committees have appointed
to sit on Tuesday next, and so have Power to sit and adjourn as they please.
Bishop of Lincoln to make his Visitation.
Upon Signification this Day to this House by the
Lord Bishop of Lincolne, "That his Lordship was determined, between this and the next Meeting of Parliament, to visit his Diocese in his own Person; it is
Ordered, That the said Lord Bishop of Lincolne shall,
in his said Visitation, take Order to put in Practice Two
several Orders of this House, the one made the 16th
of January 1640, and the other the First of March
last past.
Bishops to answer the Impeachment.
It is Ordered, That the Lords the Bishops that
now stand charged in this House by Impeachment from
the House of Commons, concerning the making of the
late Canons, and granting the Benevolence, shall put (fn. †) in
their Answers to the said Impeachment the 10th Day
of November, in the Morning.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 20m diem Octobris, 1641, hora 9a Aurora,
Dominis sic decernentibus.