House of Lords Journal Volume 4: 25 October 1641

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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, 'House of Lords Journal Volume 4: 25 October 1641', in Journal of the House of Lords: Volume 4, 1629-42, (London, 1767-1830) pp. 403-404. British History Online [accessed 22 May 2024].

. "House of Lords Journal Volume 4: 25 October 1641", in Journal of the House of Lords: Volume 4, 1629-42, (London, 1767-1830) 403-404. British History Online, accessed May 22, 2024,

. "House of Lords Journal Volume 4: 25 October 1641", Journal of the House of Lords: Volume 4, 1629-42, (London, 1767-1830). 403-404. British History Online. Web. 22 May 2024,


In this section

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:

Comes Dorsett.
Comes North'ton.
Comes Warwicke.
Comes Dover.
Comes Stamford.
Comes Portland.
Epus. Lincolne.
Epus. Ely.
Ds. Mowbray.
Ds. Cromewell.
Ds. Pagett.
Ds. North.
Ds. Kymbolton.
Ds. Brooke.
Ds. Pierpointe.
Ds. Seymour.

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. 1) Treason read.

The Answer returned to the House of Commons was:

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 present.

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.

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 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 these: videlicet,

Troopers Pay;

"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 1641."

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 Treaty."

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. Admiral.
L. Chamberlain.
Comes South'ton.
Comes Dorsett.
Comes Warwicke.
Comes Bristoll.
Comes Monmouth.
L. Viscount Say & Seale.
Epus. Winton.
Epus. Lincolne.
Epus. Exon.
Epus. Ely.
Epus. Bristoll.
Epus. Rochester.
Epus. Peterborough.
Ds. Mowbray.
Ds. Cromewell.
Ds. Wharton.
Ds. Pagett.
Ds. North.
Ds. Kymbolton.
Ds. Digby.
Ds. Brooke.
Ds. Howard de Charlton.
Ds. Grey de Wark.
Ds. Pierpointe.
Ds. Seymour.
The Lord Chief Justice of the Common Pleas, Assistants.
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 Painted Chamber.

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. 2) 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.


  • 1. Bis in Originali.
  • 2. Deest in Originali.