House of Lords Journal Volume 4: 19 August 1641

DIE Jovis, videlicet, 19 die Augusti.

PRAYERS.

Letter from the Lord General, about the Scots Army going through Berwick.

A Letter was read, sent to the Speaker of this House from the Lord General, in Answer to the Letter sent to his Excellency from the Speaker, concerning the Passage of the Scotts Army through Barwick Town.

Then an Answer unto this Letter was conceived, and read, in these Words: videlicet,

Answer to it from the Lord Keeper.

"My Lord,

"I have received your Letter, dated the 16th of this present Month, concerning the Passage of the Scotts over Barwicke Bridge, and have acquainted the Lords with the same. They have commanded me to signify unto your Lordship, That, since it is a Resolution taken by both Houses, and consented to by them, they see no Cause to alter it, or to give an Occasion to the Scotts to hinder their March, as is agreed and concluded of by the Treaty here; and therefore they adhere to their First Order to your Lordship, for their Passage over Barwicke Bridge; and do require your Lordship to obey the Order of the House; only, for the Manner and Order, they recommend it to your Lordship's Care and Direction, (fn. 1) that it may be speedy, and with Safety. God have your Lordship in his Keeping."

Ordered, That the Lord Keeper do send this Letter to the Lord General, as from this House.

Osbaston's Estate to be assigned by Sir George Ratcliffe to Martin and Foulis, upon Security given.

Whereas it was this Day reported from the Lords Committees for Petitions, "That Mr. Henry Marten and Mr. Henry Foulis are, according to a former Order of this House, dated 5th August 1641, agreed to enter into Two several Recognizances, of Five Thousand Pounds a piece, unto His Majesty, for the true accompting for the Personal and Real Estate of Sir Richard Osbaston, to be assigned over in Trust unto them by Sir George Radcliffe, Knight, and others;" it is Ordered, etc. That the said Henry Marten shall forthwith enter into such Recognizance of Five Thousand Pounds before Sir Robert Rich, One of the Masters of the Chancery; and the said Mr. Henry Folidis (being now in the North) to enter in the like Recognizance of Five Thousand Pounds before some other Master of the Chancery; both which Recognizances are for the Performance of a Condition produced before the Lords in Parliament, and agreed of by the Parties now interested in the said Business.

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

Message from the H. C. with a Petition to His Majesty.

To let their Lordships know, That the House of Commons hath passed by Vote a Petition to His Majesty, and a Commission, as fit to be sent into Scotland to His Majesty; and they desire their Lordships would join with them in the same.

Then the Petition was read, in these Words: videlicet,

"To the King's most Excellent Majesty.

"The humble Petition of Your Majesty's loyal Subjects, the Lords and Commons now assembled in Parliament.

Petition about the Instructions for the Commissioners to go into Scotland.

"Most Gracious Sovereign,

"Your Majesty's Absence at this Time, the Parliament sitting, doth not only afflict us with much Grief, but hinder us in making such Provision for the public Necessities and Dangers of the Kingdom, as we desire to do; for the Supply whereof we shall be often forced to resort to Your Majesty's Wisdom and Goodness; whereupon both Houses of Parliament have agreed to send William Earl of Bedford, Lord Howard of Estcricke, Nath. Fynes, Esquire, Sir William Armin, Baronet, Sir Phillip Stapleton, Knight, and John Hampden, Esquire, to attend Your Majesty whilst You remain in Your Kingdom of Scotland, as well to convey to us Your Majesty's Commands and Directions, and to present to Your Majesty our humble Desires and Petitions; and likewise to see the expediting of such Acts in the Parliament of Scotland, and other Affairs, as by the late Treaty, or otherwise, concern this Kingdom.

"Wherefore our most humble Suit to Your Majesty is, That You would be graciously pleased to admit the said Earl of Bedford, Lord Howard, Nath. Fynes, Sir William Armin, Sir Phillip Stapleton, and Jo. Hampden, to be Your Majesty's Commissioners for the Dispatch of the Affairs aforementioned, according to such Instructions as they have now received, and shall from Time to Time receive, from both Houses of Parliament, with Your Majesty's Consent and Approbation."

The Commission.

After this, the Commission was read, in bæc verba: "Charles, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. To Our Right Trusty and Well-beloved Cousin William Earl of Bedford, and to Our Trusty and Right Well-beloved Lord Howard, and also to Our Trusty and Well-beloved Nathaniell Fynes, Esquire, Sir William Armyn, Baronet, Sir Phillip Stapleton, Knight, and John Hampden, Esquire, Greeting: Know ye, that We, reposing special Trust and Considence in your approved Fidelities, Wisdoms, and Discretions, have nominated and appointed you to be Our Commissioners; and, by these Presents, do give unto (fn. 2) you, or any Three or more of you, full Power and Authority to go into Our Kingdom of Scotland, and there to treat, confer, and conclude, with such of Our Commissioners as shall be named and authorized in Our Parliament of Scotland, according to the Instructions hereunto annexed; and you, or any Three or more of you, are likewise to observe and pursue all such further Instructions as you, or any Three or more of you as aforesaid, shall, from Time to Time, receive from the Lords and Commons assembled in Our Parliament in England, with Our Consent and Approbation, signified under Our Royal Hand. In Witness whereof, etc."

Instructions for the Commissioners.

Then the Instructions were read, as they are entered the 16th of August; and it is Ordered, That this House doth unanimously agree and join with the House of Commons, in the aforesaid Petition, Commission, and Instructions.

E. of Bedford to stay his Journey.

Memorandum, That this House gives Leave to the Earl of Bedford to stay his Journey to Scotland as a Commissioner, in regard of his great Occasions.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. that the Lords agree to the Commission, etc.

To carry down the Petition, Commission, and Instructions; and to let them know that this House hath unanimously consented to them.

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

Message to the H. C. for a Conference, about disbanding the King's Army.

To desire a Free Conference presently, if it may stand with the Conveniency of this House, by a Committee of both Houses, touching the disbanding of His Majesty's Army.

The Answer returned was:

Answer.

That this House will give a present Meeting, in the Painted Chamber, as is desired.

The Lord Privy Seal,
The Lord Viscount Say & Seale,
The Bishop of Lincolne, and
The Lord Wharton,

Were appointed to report the Conference.

Conference reported.

The 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 desired that, according to the Order of 7th August last, all the Horse may be disbanded."

This House resolved to adhere to their former Order.

Committee for Gunpowder.

Ordered, That the Lords Committees for Gunpowder do meet on Tuesday next, in the Morning; and the Earl of Newport is to prepare the Heads for the drawing of a Bill for the making of good Gunpowder, etc. and present the same to the Lords Committees.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. for a Conference, about disbanding the King's Army.

To let them know, that this House hath appointed Four Lords, and they desire to meet with a proportionable Number of their House, to meet and draw up an Order for the disbanding of the Horse and the Army.

The Messengers return with this Answer from the House of Commons:

Answer.

That they will give a Meeting presently, with a proportionable Number of their House.

Lord Mayor, etc. of London, and the Commonalty.

Ordered, That the Debate of the Business concerning the Difference between the Lord Mayor of London and the Commonalty, concerning the Election of a Sheriff, is deferred until To-morrow Morning.

Warren's Petition.

Ordered, That the Petition of Roger Warren, Mariner, and the Affidavits thereunto annexed, shall, by virtue of this Order, be referred to the Consideration of the Lord Chief Justice of the King's Bench, whose Lordship is to proceed therein as he thinks fit.

The Lord Privy Seal,
The Lord Chamberlain,
The Lord Viscount Say & Seale, and
The Lord Kymobton,

Were appointed Committees, to meet the Committees of the House of Commons, to draw up the Order for disbanding the Army.

Then the House was adjourned during Pleasure, and the Lords Committees went to meet the Committee of the House of Commons.

The House being resumed, the Lord Privy Seal reported the Order, drawn up by the Committees, concerning the present disbanding of the Horse and the Army; which, being read, was generally assented to, and Ordered to be sent to the Lord General.

The Order followeth: videlicet,

Order concerning the speedy disbanding of the Army.

"Whereas it was Ordered by the Lords and Commons in Parliament assembled, the 7th of August last, That the Horse Troops of the King's Army should be forthwith disbanded, whereunto His Majesty gave His Consent, and signified His Gracious Pleasure to have it effected accordingly, all which was certified to the Earl of Holland, General of His Majesty's Army, by Two several Letters from the Speakers of both Houses respectively, and withall a Copy of the same Order sent unto him: We understand, by a Letter of the Lord General, that none of the Horse are yet disbanded, nor intended to be disbanded till the Twentyfourth of this Month; and that it is propounded that some of the Foot shall then be disbanded, and before the rest of the Horse. Now both Houses of Parliament, expecting that those Orders should have been performed accordingly, do hereby expressly Order, That the Lord General, all further Delays and Excuses set apart, shall forthwith disband all the Horse Troops of the Army before any of the Foot of the Army, and command them, and all the Officers of the said Horse Troops, to depart from the Army, which they do hereby declare to be a Matter of great Importance; and therefore they do expect a quick and ready Obedience thereunto, as well by the Lord General, as by all the Commanders, Officers, and Soldiers of the Army, whereof they expect a strict and speedy Account."

Mr. Nicholls to attend the King, with the Petition from both Houses, about the Commission, &c.

It is this Day Ordered, by both Houses of Parliament, That Anthony Nicholls, Esquire, a Member of the House of Commons, shall forthwith attend His Majesty, to present unto His Majesty their humble Petition concerning some Commissioners to be sent into Scotland, and a Draught of the Commission, together with the Instructions thereunto annexed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 20^m diem instantis Augusti, hora 9^a, Dominis sic decernentibus.