House of Lords Journal Volume 4: 3 August 1641

Pages 338-339

Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 338
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DIE Martis, videlicet, 3 die Augusti.


Ld. Pawlet's Privilege.

Cox, his Solicitor, arrested.

Upon the humble Petition of Wm. Cox, Solicitor of the Causes of the Lord Pawlett, who was arrested by the Sheriff of Bristoll, contrary to the Privileges of Parliament; it is Ordered, That the said Mr. Cox shall be freed of and from his present Restraint or Imprisonment; and that the Security given to the said Sheriffs, or to their Use, touching the said Arrest, occasioned by the Procurement of Nicholas Points, Gentleman, shall be discharged; and hereof Notice is to be given to those whom it concerns; and lastly, the said Nic. Points, who arrested the said Cox at his Suit, knowing him to be Solicitor to the Lord Pawlett, shall be sent for, by the Gentleman Usher, to appear before this House, and answer the said Matter.

De Lang versus Col. Lundsford.

Ordered, That Colonel Lundsford shall be spared for his Appearance for the present, in regard he is now in his Command in the Army; but, at his Return out of the Army, he shall appear, to answer such Matters as are depending between him and De Lang, before the Lords Committees.

Alice Ramsey's Petition.

Upon reading the Petition of Alice Ramsey, it is Ordered, That the said Petition and Cause shall be heard before the Lords Committees for Petitions, on Thursday the 4th of November 1641; and that, in the Interim, all Things belonging to the said Cause shall stand and abide in the same Manner and Plight as they were in at the Time of exhibiting of the First Petition to this House.

Trial of Ld. Morley.

Ordered, That the Committee for Privileges do meet this Afternoon, and consider of the Manner of Trial of the Lord Morley in this House; and that the Judges do attend their Lordships.

Chapel of Hoole Bill.

The Earl of Dover reported the Bill for the Chapel of Hoole as fit to pass as it is.


Hodie 3a vice lecta est Billa, An Act for the making of the Chapel of Hoole, in the County of Lancaster, a Parish Church, and no Part of the Parish of Croston.

And, being put to the Question, it was Resolved to pass as a Law.

Gunpowder Bill.

The Earl of Bath reported the Bill for the free making and bringing in of Gunpowder and Salt-petre, That the Committee do think it fit to pass as it is, in regard it concerns the Liberty of the Subject; but the Committee are of Opinion, that another Bill be drawn, for the making of good Gunpowder, and preserving of the Salt-petre Pits, which will conduce much to the securing of this Kingdom.

Hereupon it is Ordered, That the same Lords Committees do meet To-morrow in the Afternoon, at Three a Clock, in the Painted Chamber, at which Time the King's Counsel, and the Officers of the Ordnance, and the Salt-petre Men, are to attend their Lordships, to consider and draw up Heads for a Bill concerning the making of good Gunpowder, for the securing of this Kingdom; and likewise to take Care of the Mines of Salt-petre, that they be not destroyed; and that reasonable Rates be set upon Gunpowder.

Gunpowder Bill.

Hodie 3a vice lecta est Billa, An Act for the free bringing in Gunpowder and Salt-petre from Foreign Parts, and for the free making of Gunpowder in this Realm.

And, being put to the Question, it was Resolved to pass as a Law.

Stannaries Bill.

The Earl of Bath reported, "That the King's Counsel and Prince's Counsel, and others, have been heard Yesterday concerning the Bill touching the Stannaries; and the Lords Committees think the Bill fit to pass, as it came from the House of Commons."


Hodie 3a vice lecta est Billa, An Act against divers Incroachments and Oppressions in the Stannary Courts.

And, being put to the Question, it was Resolved to pass as a Law.

Eggar's Free-School at Alton.

Hodie 3a vice lecta est Billa, An Act for John Eggar's Free-School, within the Parish of Alton, in the County of Southhampton.

And, upon the Question, it was Resolved to pass as a Law.

Committee to move the King for the Royal Assent to the Bills that are ready.

Ordered, That the Lord Chamberlain, the Earl of Bath, and the Lord Viscount Say & Seale, and the Lord Wharton, do move His Majesty from this House, That He will appoint a convenient Time for giving His Royal Assent to those Bills that have passed both Houses.

A Message was brought from the House of Commons, by the Lord Dungarvan:

Message from the H. C. for a Conference about the Printed Paper concerning the Protestation.

To desire a Conference by a Committee of both Houses, presently, if it may (fn. 1) stand with the Conveniency of this House, touching the Message Yesterday concerning the Printed Paper touching the Protestation.



That their Lordships will give a Meeting presently, in the Painted Chamber, as is desired.

Lords appointed to report the Conference were,

Lords to report it.

The Lord Privy Seal.
Comes Bathon.
Comes South'ton.
Comes Bristoll.
Episcopus Lincolne.
Dominus Roberts.

Report of the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference, which being ended, the House being resumed; the Lord Privy Seal reported the Effect of the Conference; which was:

"That the House of Commons did present to their Lordships their Answer to the Questions Yesterday propounded.

Answer to the Questions propounded to the Commons at the Conference.

"1. They take Notice of their Lordships Desire of the good Correspondency of both Houses; and they wish, whosoever is the Cause of the contrary, that the Sin may lie at his Door.

"2. For the Printed Paper, The House of Commons says, it appeareth that it is entered in Terminis in their Journal Book; and by this, their Intent was to discover what their Opinion was of such as should refuse to take the Protestation, as a Shiboleth, to discover a true Israelite.

"3. That they resolved the Votes to be printed; and the Printed Paper delivered to them at the Conference, they do avow, allow, and justify it."

Answer debated.

To debate this Answer, the House was put into a Committee during Pleasure.

Further Conference to be had on this Subject.

The House being resumed, because the Word ["declaring"] is ambiguous, the House resolved upon a Conference To-morrow Morning, with the House of Commons, to declare their Meaning of the Word ["declaring"], whether they did mean it to be obligatory, or a Declaration of their own Opinion.

A Message was brought up from the House of Commons, by the Lord Phillip Herbert:

Message from the H C for a Conference concerning the Ten Heads

To desire that the select Committee of Lords for the Ten Heads may meet, as soon as conveniently may be, with the select Committee of the House of Commons.



That the select Committee of Lords will give the select Committee of the House of Commons a Meeting this Afternoon, at Three of the Clock, as is desired, in the Painted Chamber.


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 4m diem instantis Augusti, hora 9a, Dominis sic decernentibus.


  • 1. Deest in Originali.