DIE Lunæ, videlicet, 25 die Octobris.
Sir William Killegrew versus Carr and Shepherd.
The Petition of John Carr and John Sheppard was
read; alledging, "That they are not guilty of the Complaints made against them to this House, by Sir William Killegrew and others:" Hereupon it is Ordered,
That these Lords following shall have Power to examine
the Witnesses, which are now in Town, in Sir William
Killegrewe's Cause, and likewise the Offences of the
aforesaid John Carr and John Sheppard, and report the
same to this House.
The Names of the Lords Committees:
Their Lordships, or any Five or more of them, to
meet To-morrow in the Forenoon, at Nine
a Clock, in the Painted Chamber.
A Message was brought from the House of Commons, by Mr. Edwarde Hide:
Message from the H. C. about the Proceedings against Justice Berkeley.
To let their Lordships know, that the House of Commons having received a Message on Saturday last, "That
this House intends to proceed against Mr. Justice
Barckley the Second Day of November next, that
thereby the House of Commons may prepare themselves accordingly;" they desire to know what Proceedings have been since the Impeachment was brought
up to their Lordships, that so the House of Commons
may provide themselves for the Trial accordingly.
Justice Berkeley to be at the Bar Tomorrow.
Ordered, That Mr. Justice Barckley shall be
brought to this Bar To-morrow Morning, at Eleven of
the Clock, to hear his Impeachment of High (fn. *) Treason
The Answer returned to the House of Commons
Answer to the H. C.
That their Lordships, in regard of the many important Businesses depending in this House, have not yet
read the Impeachment of High Treason against Mr.
Justice Barckley; but their Lordships intend to read it
To-morrow Morning, and have appointed him to be
Message from the H. C. for a Conference, about the Insolencies of Soldiers, and the Correspondence with the Committee in Scotland.
Then a Message was brought from the House of
Commons, by Sir William Lewis:
To desire a Conference, by a Committee of both
Houses, touching certain Complaints of the Insolencies
of Soldiers; and concerning certain Letters received
from and sent to the Committees in Scotland.
The Answer hereunto returned was:
That their Lordships will give a present Meeting, as
is desired, in the Painted Chamber.
The Lord Keeper and the Lord Privy Seal were appointed to report the Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Lord Keeper reported,
Insolency of Soldiers.
"That Mr. Pym, at this Conference, acquainted their
Lordships in the General, That the House of Commons have received divers Complaints of the Insolencies and Misbehaviours of the late disbanded Soldiers; for Examination whereof they have appointed
a Committee; and, so soon as they have prepared the
Business, they will present them to their Lordships.
Deduction from their Pay.
"Next, he delivered, That the House of Commons
have considered of the Orders made by the Lord General concerning the Soldiers, that there should be
Two Pence per Diem abated out of every Soldier's
Pay, to satisfy for the Price of such Arms as should be
carelessly lost, or returned imperfect, which was to
continue from April to the 2d of February 1640, and
to be defalked by the Treasurer of the Army.
Troopers to return their Horses.
"Another Order was made by the Lord General,
That the Troopers should return their Horses again,
at the disbanding of the Army, or else they should
allow out of their Pay Five Pounds a-piece for their
Horses; and that every Soldier should find Powder
and Shot at the Time of their Exercise, at their own
Charges, which came not to above Three Shillings
a Man in the whole.
"That the House of Commons have approved of
these Orders, by their Votes; and desire their Lordships to join with them in a General Order, for Confirmation of the aforesaid Orders."
The Resolutions of the House of Commons were
"That they hold it fit, That the Troopers should rest
satisfied with the last Order made by the Lord General, concerning the Deduction of Two Pence per
Diem for their Arms, till 2 Feb. 1640; with this Declaration, That, if any Trooper can make it appear
that more hath been deducted or with-held from him
than to the 2 Februarii, that he shall have Satisfaction
from those in whose Hands the same doth remain.
"That the House of Commons holds it fit that the
Order made by the Lord General, concerning the
Horses of the Troopers, be confirmed.
"Resolved, That the Order of the Lord General,
concerning the Troopers being at the Charge of Powder and Shot at the Time of their Exercise, be confirmed.
Disbanded Soldiers may go beyond Sea.
"Resolved, That the House of Commons is of Opinion, and holds it fit, That Orders should be sent to
the Officers of the several Ports, requiring them to
permit all such Soldiers of the late disbanded Army
(not those that are taken up) as shall desire it, to pass
beyond the Seas, provided that they take such Oaths,
and perform such other Duties, as are usually required, according to the Laws.
"That the House of Commons is further of Opinion,
and holds it fit, That such other Soldiers of the late
disbanded Army, as are Strangers, and not Subjects or
Natives of this Kingdom, shall have Liberty to pass
out of the Kingdom without Oath, and to receive Entertainment from any Foreign Prince."
Letter from the Committee in Scotland, about disbanding the Armies.
Next, a Letter was read, directed to Mr. Pym, from
the Committees in Scotland, with an inclosed Paper, and
a Proclamation published in Scotland. The Effect of the
Letter was: "That all the Garrison at Barwick is now
disbanded; and as to the disbanding of the Scottish
Regiments, they have put in a Paper to their Committee for their Army, on the First of this present,
but yet have no Answer, by reason of the late intervening Occasion; but the said Paper being read in
Parliament, it was referred to the General and some
others; and the General sent the Committees Word
the 18th of October, that the Soldiers were now withdrawn from the Borders to Edenborough; and that, as
soon as they could get Money, they should be all disbanded. Dated at Edenburgh, the 18th of October
The Contents of the inclosed Paper of the 5th of
October, was as followeth: videlicet,
Garrisons of Berwick and Carlisle paid and disbanded.
"The Committees of the Parliament of England have
now sent down sufficient Monies for the total disbanding of the Garrisons of Berwicke and Carlile;
and have Ordered, That it shall be effected by the
Tenth of this present Month; and have likewise
taken a Course for the removing the Ammunition and
Ordnance, and for slighting of the Works, according
to the Treaty: We therefore desire that that Part of
your Army which is yet on Foot may be forthwith
disbanded; and that what new Fortifications have been
made in Scotland, by Occasion of the late Troubles,
may be presently demolished, according to the same
Proclamation against Multitudes resorting to Edinburgh.
After this, was read, "A Proclamation anent the
unnecessary Confluence of His Majesty's Lieges to
Edinburgh, in the Time of Parliament, dated the 14th
of October 1641; amongst other Things ordaining,
That the Regiments, which are yet undisbanded,
shall be drawn near towards Edinburgh, to the Effect
the same may with the greater Conveniency be mustered, and Monies provided for their Pay, that thereafter they may be licentiate."
The King to be acquainted with the Instructions to the Committee in Scotland.
Also it was reported, "That the House of Commons
have Ordered their Speaker to write to Mr. Secretary (he being a Member of their House), to give
him Power (if their Lordships consent to it), that, if
the Committees are come away from Edinburgh, that
then he shall open the Letters sent from both Houses
of Parliament to the Committees, and shall acquaint
the King with the Instructions."
Order of the Committee during the Recess, about the Disorders of Soldiers, &c.
Next was reported and read an Order made the 5th
of October 1641, by the Committees of both Houses of
Parliament appointed to sit during the Recess, for
keeping of strong Watches, for apprehending of Soldiers, and loose and disorderly People that cannot give
an Account of their Stay, in the several Places mentioned in the Order; in which Order the House of Commons desires their Lordships to join with them.
This House, taking the aforesaid several Particulars
into Consideration, Ordered, That their Lordships do
approve of the several Orders made by the Lord General, concerning the Soldiers Horses, Arms, and Powder, and do concur with the House of Commons in the
Votes concerning the Confirmation of those Orders;
and further, that this House doth approve and confirm
the Order made for watching and apprehending wandering Soldiers, &c. and lastly, this House consents
that Mr. Secretary Vane shall open the Letters, and acquaint the King with the Instructions, in the Absence of
the Committees at Edinburgh.
Thanks given to the Lord General.
Ordered, That this House gives Thanks to the Earl
of Holland, late Lord General of His Majesty's Army
in the North, for his Lordship's great Care and Diligence in disbanding the said Army so happily for the
Preservation of the Safety and Quiet of this Kingdom;
which accordingly was done immediately by the Lord
Keeper, in the Name of this House.
Pluralities and Non-residents.
The Report being ended, the House took into Consideration the Bill against Pluralities, and Non-residents;
and, for the better Debate thereof, the House was adjourned into a Committee during Pleasure. The said
Bill was read; and, after the Debate was ended, the
House was resumed.
Committee to consider of Chaplains, Heads of Colleges, &c. and Appointments of Curates.
And these Lords Committees following were appointed to take into Consideration, the King's Chaplains,
the Privilege of Noblemen, and the Heads of Colleges
in the Two Universities. And also to consider of a Proviso, That every Parson or Vicar that lives from his
Living shall provide an able Curate to supply the
Living, allowing him a Moiety thereof, clear of all
Charges; and the Parson is to nominate the Curate,
with the Consent of the Patron.
The Names of the Lords Committees: videlicet,
The L. Privy Seal.
L. Marquis of Hertford.
L. Viscount Say & Seale.
Ds. Howard de Charlton.
Ds. Grey de Wark.
The Lord Chief Justice of the Common Pleas,
|Mr. Justice Heath, and|
|Mr. Justice Mallett,
Their Lordships, or any Seven of them, to meet
at Nine a Clock To-morrow Morning, in the
Sheds to be put up for the Guards of the Parliament.
Ordered, That the Earl of Newport, Master of the
Ordnance, and Constable of The Tower of London, shall
have Power (by virtue of this Order) to direct that
Sheds shall be set up, in some convenient Place, for the
Guards of Soldiers now waiting upon the Parliament,
that they (fn. *) may shelter themselves in rainy Weather; and
that Powder, Shot, and Match, shall be allowed them, for
the said Service, out of the King's Stores, by Command
of the aforesaid Earl of Newport.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, diem Martis, 26m diem instantis Octobris, hora
11a, Dominis sic decernentibus.