House of Lords Journal Volume 4
22 October 1641

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1767-1830

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'House of Lords Journal Volume 4: 22 October 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 399-401. URL: http://www.british-history.ac.uk/report.aspx?compid=35695 Date accessed: 01 August 2014.


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DIE Veneris, videlicet, 22 die Octobris.

PRAYERS.

Abuses in Wines.

Hodie 3a vice lecta est Billa, An Act to prevent divers Abuses, in mixing of Wines.

Ordered, To be laid aside until the Merchants be spoken withall, touching the Expression in the Bill of "mixing Wine with Wine;" and the Lord Privy Seal, Earl of Dover, Lord Viscount Say & Seale, and the Lord North, are appointed by this House to speak with them concerning the Particular aforesaid.

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

Message from the H. C. concerning the Thirteen Bishops.

To put their Lordships in Mind that, before the Recess, the House of Commons brought up a Charge against Thirteen Bishops, for making of Canons, and granting a Benevolence to the King, which have been voted by their Lordships to be a Thing contrary to the King's Prerogative, contrary to the Laws and Statutes of this Realm, contrary to the Rights of Parliaments, and contrary to the Liberty of the Subject, and containing Matters tending to Sedition, and of dangerous Consequence. The House of Commons do not doubt of their Lordships Justice therein, when it will come before them; but desire a speedy Proceeding therein, it being a Matter of great Consequence, and much concerns the Kingdom.

Answer.

The Answer returned was:

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

Day for the Bishops to put in their Answer.

Ordered, That the Lords the Bishops that are impeached shall put in their Answers on the 10th Day of November next, peremptorily: and then this House will proceed in the said Cause, with all Expedition.

Then a Message was sent to the House of Commons, by Mr. Justice Heath and Justice Malett:

Message to the H. C. to acquaint them with it.

To let them know, that this House have considered of their Message, concerning the Thirteen Bishops that are impeached; and that their Lordships appointed a Day for the said Bishops to put in their Answer thereunto, which was to have been the 16th of September last; but, because it fell out to be in Time of the Recess, they appointed the 10th Day of November next for that Purpose, which Day the Lords have appointed for the Bishops to put in their Answers peremptorily; and their Lordships will then proceed with all possible Expedition.

Answer.

The Messengers returned, and signified, "That they have delivered the aforesaid Message to the House of Commons, as they were commanded."

E. Marshal Leave to be absent.

The Earl Marshal hath Leave to be absent for a while, for his Health.

Ld. General Leave to give an Account of the disbanding the Army.

The Earl of Holland, Lord General, desired "That the House would give him Leave to render both Houses an Account concerning the Execution of his Place, and disbanding of the King's Army." Which being granted;

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

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

To desire a Conference, by a Committee of both Houses, presently, if it may stand with their Convenience, touching a Relation to be made to both Houses by the Earl of Holland, concerning the disbanding of the Army.

Order for sitting.

Ordered, That this House shall not meet until Eleven of the Clock in the Mornings, and shall sit according as this House shall see Cause; and this to continue until further Order be given.

Pluralities and Non-residents.

Ordered, That the Bill against Pluralities and Nonresidents shall be taken into Consideration on Monday Morning next.

Mint-masters Privilege.

It being informed, "That the Masters and Officers of the Mint in The Tower claim to have some Privileges in The Tower, by virtue of their Charter, which may be prejudicial to the Constable of The Tower, to whose Care the Custody of the Safety of the same is committed; and he is to be responsible to the Parliament for the Security thereof:" Hereupon it is Ordered, That these Lords Committees following shall consider of the Charter of the Mint-masters, to see what Privileges they have in The Tower, and to report the same to this House:

The L. Privy Seal.
The L. Admiral.
The L. Chamberlain.
Comes Sarum.
Comes Warwicke.
Comes Holland.
L. Viscount Say & Seale.
Epus. London.
Epus. Winton.
Ds. Mowbray.
Ds. Rich.
Ds. Pagett.
Ds. North.
Ds. Kymbolton.
Ds. Brooke.
Ds. Pierpointe.
Ds. Seymour.

Any Five of their Lordships to meet To-morrow in the Afternoon, at Three a Clock, in the Painted Chamber.

Sir Tho. Aylesbury, and the Officers of the Mint, to attend the Lords Committees with their Charter.

The Messengers return with this Answer:

Answer from the H. C.

That the House of Commons are now in Debate of some weighty Business, and will return an Answer to the Message, by Messengers of their own, in convenient Time.

Letter to the Committee in Scotland, concerning the Design against the Marquis of Hamilton and others.

The Lords Committees which were appointed to meet with the Committee of the House of Commons, to draw up a Dispatch to be sent into Scotland, reported the Contents of a Letter, with Instructions annexed, which they conceived fit to be sent to the Committees of both Houses into Scotland, that so they may acquaint His Majesty with the same; and to be sent as from the Speakers of both Houses.

The Letter was read, in hæc verba: videlicet,

"The Advertisement, which you have given in your Letters of the 14th of this Month, concerning the Design against the Persons of the Lord Marquis of Hamilton, the Earls of Argyle and Lannericke, hath been communicated to both Houses, who do very much commend your Wisdom and Diligence in sending them timely Notice of an Accident of such great Consequence to the Peace both of His Majesty and that Kingdom, and do give you Thanks for your Care therein; and I am to let you know that we have received no other Public Intelligence thereof. Wherefore the Desire of both Houses is, that, so long as you stay there, you continue to inform the Houses of Parliament of the further Proceedings in this Matter, and such other Accidents as may any Way concern the Safety of both Kingdoms. And thereupon they have thought good to make a further Addition to your former Instructions, touching some Things which they conceive fit to be represented to His Majesty from the Lords and Commons of this Parliament here (as you may perceive by the inclosed), which I am commanded to send to you, and to commend to your Care and Wisdom, not doubting but you will herein fully answer their Expectation and Confidence; and for the Performance hereof, their Pleasure is, that you should continue there to wait upon His Majesty, till you receive further Direction, or that His Majesty be pleased to come away for England."

Next, the Instructions were read, as followeth: videlicet,

Instructions for the Committee in Scotland sent with the Letter.

"Instructions of the Lords and Commons in Parliament, to the Committees of both Houses now attending His Royal Majesty in Scotland.

"1. You shall acquaint His Majesty, That, by your Advertisement, both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland, concerning a malicious Design and Attempt affirmed to be undertaken by the Earl of Crawford and others, against the Persons of the Marquis of Hamilton, the Earls of Argyle and Lannericke; and, having taken the same into Consideration, they have good Cause to doubt that such ill affected Persons, as would disturb the Peace of that Kingdom, are not without some malicious Correspondents here, which (if those wicked Purposes had taken Effect in Scotland) would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusion in this Kingdom, to the Hazard of the Public Peace. For Prevention whereof they have given Order for strong Guards in the City of London and Westmonaster, and have resolved to take into their Care the Security of the rest of the Kingdom.

"2. You shall further declare to His most Excellent Majesty, that the Estates of His Parliament here do hold it a Matter of great Importance to this Kingdom, that the Religion, Liberty, and Peace of Scotland be preserved, according to the Treaty and Articles agreed by His Majesty, and confirmed by Act of Parliament, of which they are bound to be careful, not only by public Faith in that Treaty, but likewise by the Duty which they owe to His Majesty and this Kingdom, because they hold it will be a great Means of preserving Religion, Liberty, and Peace, in England, Ireland, and His Majesty's other Dominions, and the Union of all His loyal Subjects, in maintaining the common Good of all, will be a sure Foundation of Honour, Greatness, and Security, to His Royal Person, Crown, and Dignity; wherefore they have resolved to employ their humble and faithful Advice to His Majesty, the Power and Authority of Parliament, and of this Kingdom, for suppressing of all such as, by any Conspiracy, Practice, or other Attempts, shall endeavour to disturb the Peace of Scotland, and to infringe the Articles and the Treaty made betwixt the Two Kingdoms.

"3. You shall likewise inform the King, That whereas Orders have been given by His Majesty, with Consent of Parliament, for the disbanding of the Garrisons of Carlile and Barwicke, the First whereof is already wholly disbanded, and all the Horse, and Eight Companies of Foot sent out of Barwicke, and only Five Companies remaining, which likewise should have been discharged at or before the 15th of this Month, if they had not been stayed by His Majesty's Command, signified by Mr. Secretary Vane, to Sir Michaell Ernely, Lieutenant Governor, according to Directions in that Behalf.

"And whereas, by Order of Parliament, Six Ships have been sent, for the Transporting of His Majesty's Munition, Ordnance, and other Provision, in that Town, and in The Holy Island, all which have been a very great Charge to the Commonwealth; the Commons now assembled in Parliament declared that they intend to be at no further Charge, for the longer Stay and Entertainment of these Men, or for the Demurrage of the Ships, if, by the Occasion of this Direction, they be kept out longer than was agreed upon."

Ordered, That this House doth approve and concur with the House of Commons, in the sending the Letter and Instructions aforesaid to the Committees in Scotland; and that the Lord Keeper do send them to the Lord Howard, as from this House.

Fortifications of Berwick to be dismantled.

Agreed, That this House thinks it fit, that Captain Earnely should have Directions to disband the Garrison, and slight the Wall of the Garrison, at Barwicke, according to the Articles of the Pacification.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Sabbati, 23m diem instantis Octobris, hora 11a, Dominis sic decernentibus.