Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, videlicet, 6 die Augusti.
The Lord Kymbolton was appointed Speaker this Day.
Message to the H. C. to postpone the Lord Mayor's Cause.
A Message was sent to the House of Commons, by Dr. Aylott and Dr. Heath:
To let the House of Commons know, that their Lordships are resolved, (fn. 1) in regard of the pressing Occasions of the Kingdom now in Hand, to put off the Proceeding of the Lord Mayor's Cause until Tuesday next, at Nine of the Clock in the Morning.
The Messengers return with this Answer:
That they have delivered their Message to the House of Commons.
Indemnity for those who apprehended Sir Lewis Dives.
An Order of Indemnity of the Persons that assisted Sir Oliver Luke, in the apprehending of Sir Lewis Dyves, (fn. 2) was read.
Ordered, To be communicated to the House of Commons, and desire their Consent therein.
Judge Mallet committed to The Tower.
Ordered, That Mr. Justice Mallett be committed to The Tower, there to remain until the Pleasure of this House be further known; and that the Business shall be further examined.
Escot's Sentence, for Words against the Parliament.
Ordered, That the Execution of the Sentence against Escott shall be executed on Monday Morning. The Superscription of the Paper upon his Head, "For speaking scandalous Words against the Parliament."
Sir F. Fortescue's Petition about Carrickfergus Castle.
A Petition of Sir Faithfull Fortescue was read, desiring "to be considered for the Loss which he sustains by his being put out of the Castle of Carrickfergus in Ireland." (Here enter it.)
Ordered, To be recommended to the House of Commons.
Squire versus Francis.
Upon reading the Petition of Scipio Squire, against Mathew Francis; it is Ordered, That the Committee for Petitions shall meet, and hear this Cause, on Monday next in the Afternoon; but, if the Lords Committees have other Business, so as they cannot meet, then the Lord Chief Justice is to hear the Business by Counsel on both Sides, and report the same to this House.
A Message was brought from the House of Commons, by Sir Christopher Yelverton, Knight and Baronet:
Message from the H. C. for the Lords to sit an Hour.
To let their Lordships know, That the House of Commons have a Business of an extraordinary Consequence to bring up to their Lordships, which requires great Expedition; but it will require an Hour's Time to prepare it, before they can bring it up; therefore they desire their Lordships would be pleased to sit an Hour, if it may stand with their Lordships Conveniency.
The Answer returned was:
That this House will sit an Hour, as is desired.
Sir P. Vernatti and Mr. Jennings.
Upon reading the Petition of Sir Philibert Vernatt and Mr. Jennings, concerning a Writ of Ne exeat Regnum: It is Ordered, That the Sheriff shall take sufficient Security, at his Peril.
Amendments to the Scots Treaty.
The Lord Wharton reported the Amendments in the Treaty with the Scotts, with a Proviso:
"It is Provided and Agreed, That, at any Time after the Three Months now agreed upon for the Entertainment of the Scotts Army shall be expired, and that the Two Houses of Parliament, or such Persons as shall be authorized by them, shall give Notice to the Council of Scotland, or the Lord Chancellor there, That, after One Month from such Notice given, the said Two Houses of Parliament will not pay the said Scottish Army now in Ireland, any longer; then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer than during the said Month, any Thing in this Treaty contained to the contrary notwithstanding."
"And also to the Amendments in the Third Article and Tenth Article, my Lords do agree.
"And that the Words ["and Parliament of England"] in the Sixth Article shall stand.
"In the Twelfth Article, the Words ["and Parliament of England"] to stand; and the Words ["His Majesty"] shall stand, with this Addition ["and both Houses of Parliament"].
The Words ["His Majesty"] shall stand, with these Words ["and them"] added.
"And the Amendments in the Twelfth Article are agreed to; so the Thirteenth Article passed."
The aforesaid Proviso and the Amendments being read, and approved of, it was Ordered, To communicate them to the House of Commons at a Conference.
A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:
Message to the H. C. for a Conference about it.
To desire a Conference, concerning the Scotts Treaty; and to desire them to concur with this House in the Order for Indemnity of the Persons of Bedfordshire that assisted Sir Sam. Luke.
Message from the H. C. for the Lords to concur in the following Particulars.
A Message was brought from the House of Commons, by Mr. Nicholls; who brought up divers Papers, wherein they desire:
1. Some Instructions to be sent into Hampshire. (Here enter it.)
2. To desire Concurrence for sending for divers Persons in Shropshire, upon the Ground of a Letter written from the Committees of the House of Commons. (Here enter it.)
3. An Order to pay to the Lord Chancellor of Ireland Two Hundred Pounds. (Here enter it.)
Delinquents to be sent for, from Shropshire.
The Names of the Persons to be sent for (fn. 3) are these: Sir Paul Harris, Knight and Baronet.
Ricd. Gybbons, Mayor of Shrewsbury.
Jo. Weld, Esquire, Sheriff of the County of Salop. Edw. Cresset, and Francis Otley, Esquires.
Ordered, That these Persons shall be sent for, as Delinquents.
Answer to the H. C.
The Answer was:
That this House agrees in the Instructions concerning Hampshire, and all the rest of their Orders mentioned in this Message.
Answer from the H. C.
The Messagers return with this Answer:
That the House of Commons do agree to the general Order for the Indemnity of the Persons of Bedfordshire, and will give a present Conference, as is desired.
A Message was brought from the House of Commons, by Sir John Evelyn, Knight; who said,
Message from thence, for Judgement against Lord Digby.
"That they had formerly brought up an Impeachment of High Treason against George Lord Digby, and had brought up Articles in Pursuance of that Impeachment: There are likewise divers Proclamations issued out, to warn him to appear before this House, sub Pæna Convictionis, which he hath not obeyed; and, lest his foul Crimes should be thought to be forgotten, the House of Commons desires that their Lordships would please to appoint some short Day, to give Judgement against him."
Committee of Safety to open Letters, &c.
Ordered, That the Committee for the Safety of the Kingdom, between this and Monday next, shall have (fn. 4) Power to open all Letters that are directed to the Speaker of this House; and to send for such Persons as they think fit, and to consider of any Thing as may be for the Safety of the Kingdom.
Judgement against Lord Digby to be considered.
Ordered, That this House will take into Consideration on Wednesday, what Judgement to give against the Lord George Digby.
The Answer returned to the Messengers of the House of Commons was:
That this (fn. 4) House will send an Answer, by Messengers of their own.
The Lords went to the Conference; and the House was adjourned until Monday next, at Two of the Clock.
Letter from the Committee in Shropshire, complaining of some Persons, who would have executed the Commission of Array.
"We (fn. 5) came to Shrewsbury on Friday last, where, and in other Parts of the County, we found the Commission of Array was begun to be put in Execution the 26th of July, by Warrants then sent out, under the Hands of the High Sheriff of the County and other Commissioners; a Copy of a Warrant we have herein sent: Whereupon we sent to the Persons of the Trained Bands of Horse and Foot, and their Maintainers, to come to us on Monday after, to Shrewsbury; where, although the Time was very short, yet (as much as we could allow, the training by the Commission of Array being appointed to be on Tuesday the Second of August) there was a great Appearance of Gentlemen of great Worth, and substantial Freeholders. We, in a public Place, read unto them our Instructions from both Houses of Parliament, to which they gave a great Acclamation. Then we spake to them, and read the Commission of Array, to which they gave no Approbation that we could perceive. Then we read the Resolutions of both Houses, of the 18th and 20th of June last, which they liked well on; and then was read the Declaration against the Commission of Array, which was heard with great Attention, until the Sheriff, with many of the Commissioners of Array and others, came, and called to stop, and the Sheriff would have taken the Declaration out of the Reader's Hand; but, being prevented by us and others, Sir Paul Harris, Knight and Baronet, most violently endeavoured to hinder the reading, by often offering to snatch the Declaration; but, being likewise prevented, he laid Hold on and pulled Mr. Pierrepont's Cloak, which being suddenly caused to let loose, he continued in an offensive Manner, backed with a Crowd, insomuch as many of the People below called often and earnestly to us to throw him down to them. In this Distemper, came in Mr. Francis Ottley, with a Drum beating, he flourishing a Staff about his Head, with some few Gentlemen, and a great Rabble of mean People, with Staves in like Manner, which for some Time gave Hindrance to our Proceedings.
"Mr. Edward Cressett, a Commissioner of Array, did with Words of Scorn hinder the reading of the Declaration. Richard Gibbons, Mayor of Shrousbury, did what he could to hinder us also; making Two Proclamations, the one for all to depart presently, the other to be gone within an Hour, or to be proceeded against as Rioters. Yet, after a little Time, we went on; and the Declaration was read out, and something said to the People thereon. After, many Hundred Persons came to us to our Inn, whom we again acquainted with the Inconveniences of the Commission of Array, destructive to the Laws and Liberties, and desired them to depart to their Houses. Yesterday Morning, Captain Hunt, appointed by Ordinance of both Houses, did train his Voluntier Soldiers, whom we went to see. They were about Three Hundred orderly Men. The same Day, as (fn. 6) we were informed, Sir Vincent Corbett, Knight and Baronet, and Mr. Richard Lloyd, both Commissioners of Array, did train Two Companies of Soldiers, each Company consisting of One Hundred and Fifty, of which they were heretofore Captains, at Atcham and Mountford Bridges, the one Two Miles South and the other Three Miles North of Shrousberry; in One Company appeared about Eighty, in the other about One Hundred; and Mr. Ottley, under Colour of the Commission of Array, with the High Sheriff, the Mayor of this Town, many of the Commissioners of Array, with the Irish and other Commanders, of which near One Hundred were Townsmen of Shrousebury, the rest Strangers, marched up and down the Town. This Night there was a great Uproar, but ended without Hurt.
"This Day we sent for the Recorder and many of the Aldermen, with whom we consulted, and took Order for preserving the Peace. The Sheriff (fn. 6) and all the Commissioners of Array but such as live here being all gone, and the Multitude dispersed from hence, we are now ready to depart from this Town, to put in Execution your Commands in other Parts.
"We have been received with great Affection by many Gentlemen of great Quality in this County, and by the greater Number of Aldermen and other substantial Inhabitants of this Town, coming from the Parliament,
Shrousbury, 3d of August, 1642.
Order for 200l. to Lord Loftus, late Lord Chancellor of Ireland.
"The Lords and Commons in Parliament assembled, taking Notice of the great Worth and long Time of faithful Service performed to this Crown, in the Kingdom of Ireland, by the Lord Loftus, late Lord Chancellor of that Kingdom, and of the present Condition he is brought unto now, in his great old Age, by reason of the Rebellion in Ireland; in Consideration of his great Sufferings, do Order, That the Treasurers at London, appointed to receive the Monies that come in upon the Act of Loan and Contribution for Ireland, do forthwith pay unto the said Lord Loftus, or to his Assignee, Two Hundred Pounds, out of the Monies that are or shall come in upon the said Act of Loan and Contribution; and this Order, together with an Acquittance under the Hand of the said Lord Louftus, or his Assignee, shall be a sufficient Discharge to the said Treasurers for so much Money, as they shall hereupon pay in Manner as aforesaid."