House of Lords Journal Volume 10: 30 October 1648

DIE Lunæ, 30 die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answers from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Alterations in the Instructions to be sent to the Commissioners, concerning the King's Answer: (Here enter them.) And they agree to the Conference this Morning, as is desired.

Mr. Eltonhead and Mr. Hakewill return with this Answer from the House of Commons:

That they agree to the making of the Four Serjeants at Law.

Preachers at the Fast thanked.

Ordered, That Mr. Cawdrey and Mr. Carter shall have Thanks given them, for preaching, the last Fastday, before the Lords.

Preachers at the next.

Ordered, That Mr. Tuckney and Mr. Salwey are appointed to preach before the Lords, the next Fast-day, at Martin's Church in the Feild.

Heads for the Conference about the King's Answer, concerning abolishing Bishops.

It was Resolved, upon the Question, That the Matter of the Conference should be as follows; (videlicet,)

"Their Lordships have not yet a full Information upon what Terms the Lands of the Bishops are passed away; and therefore they do conceive, that this Particular may admit of some further Consideration by the Houses. In regard that other Things do relate more nearly to the settling of the Security and Peace of the Kingdom, they desire that we may not lose the Advantage of those Concessions; nevertheless, they shall still keep their Engagements formerly made in this Particular, by endeavouring to gain the King's Concession to an Act for the Sale of these Lands: Yet think it not fit to press it at the present; but that the Votes and Instructions agreed unto already by both Houses may be speedily sent away."

Message from the H. C. with an Ordinance, &c.

A Message was brought from the House of Commons, by Mr. Dennis Bond; who brought up these Particulars, wherein they desire their Lordships Concurrence:

1. An Ordinance concerning the new Judges in the several Benches. (Here enter it.)

Agreed to.

2. A Vote for making Mr. Clarke to be a Serjeant at Law. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to both the Particulars now brought up.

The House of Commons being ready for the Conference in the Painted Chamber, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Eyre and Brown.

Ordered, That the Errors in the Writ of Error between Eyre and Christopher Browne shall be argued, by Counsel on both Sides, on Thursday next, the 2d of November; and both Parties to have Notice.

Message from the H. C. for a further Conference about abolishing Bishops.

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

To desire a Free Conference, so soon as may stand with (fn. 1) their Lordships Conveniency, touching the Matter of the last Conference.

The Answer returned was:

Answer.

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

Daniel, L. Craven's Servant, a Hab. Corpus.

Upon the Petition of Henry Daniell, Servant to the Lord Craven, arrested, as is alledged, contrary to the Privilege of Parliament:

It is Ordered, That a Habeas Corpus be issued out, to bring him Corpus cum Causa before the Lords in Parliament forthwith; and the Party concerned to have Notice thereof.

Dr. Bastwick's Order.

An Ordinance for paying to Dr. Bastwicke Five Hundred Pounds, out of Goldsmithes Hall, was read, and Agreed to. (Here enter it.)

The House of Commons being come to the Conference, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the Proposition for abolishing Bishops:

The Speaker reported the Effect of the Conference; (fn. 2) which was,

"That Mr. Fiennes said, That the House of Commons had considered of the Reasons offered at the last Conference; notwithstanding, they thought fit to adhere to their former Vote, and desire again their Lordships Concurrence therein, that so the whole Business may be sent away to the King by Sir Peter Killegrewe. And further they said, That, if their Lordships please to consult with the Ordinances, the Terms upon which the Lands are sold will appear. And their Lordships having passed an Ordinance for utter abolishing of Bishops, &c. nothing will sooner expedite that, as the passing of this Vote."

The Question being put, "Whether to adhere to the former Vote of this House, concerning this Business?"

It was Resolved in the Negative.

Protest against it.

Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if it were carried in the Negative: Which being granted, they do accordingly enter their Dissents, by subscribing their Names.

"T. Lyncolne. W. Maynard."

The Answer returned was:

Answer to the H. C. about it.

That their Lordships, being unwilling, in this Conjuncture of Time, to retard the Business of the Treaty, do concur with the House of Commons in the Vote; and desire the whole may be sent away speedily, by Sir Peter Killegrew; and the Letter to be signed by both Speakers.

Ordinance for appointing Judges.

"Be it Ordered and Ordained, and it is hereby ordered and ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That Henry Rolle, now One of the Justices of the Court of King's Bench, be Chief Justice of the Court of King's Bench; that Oliver St. John Esquire, appointed by Order of both Houses to be called to be a Serjeant at Law, be Chief Justice of the Court of Common Pleas; that John Wilde, Serjeant at Law, be Chief Baron of the Court of Exchequer; that Phillip Jermyn, Serjeant at Law, be One of the Justices of the Court of King's Bench; that Samuell Browne Esquire, appointed by Order of both Houses to be called to be a Serjeant at Law, be One of the Justices of the Court of King's Bench; that Sir Thomas Beddingfeild Knight, appointed by Order of both Houses to be called to be a Serjeant at Law, be One of the Justices of the Court of Common Pleas; that Thomas Gates Esquire, appointed by Order of both Houses of Parliament to be called to be a Serjeant at Law, be One of the Barons of the Court of Exchequer: And that the Clerk of the Crown in Chancery do prepare Commissions respectively, for the constituting and appointing the said Justice Rolle to be Chief Justice of the Court of King's Bench, the said Oliver St. John to be Chief Justice of the Court of Common Pleas, the said Serjeant Wylde to be Chief Baron of the Court of Exchequer, the said Serjeant Jermin to be One of the Justices of the Court of King's Bench, the said Samuell Browne to be One of the Justices of the Court of King's Bench, the said Sir Thomas Beddingfeild to be One of the Justices of the Court of Common Pleas, the said Thomas Gates to be One of the Barons of the Exchequer, quamdiù se bene gesserint; and that the Commissioners of the Great Seal be, and are hereby, authorized and required to pass the said Commissions, so prepared, in usual Form, under the Great Seal of England, and to give them respectively the Oath of a Judge accordingly."

Order for 500 l. to Dr. Bastwick.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds be paid unto Dr. Bastwicke, or his Assigns, out of Gouldsmiths Hall, in Course, with Interest for the same, after the Rate of Eight Pounds per Centum per Annum, payable every Six Months; until the said Principal-money of Five Hundred Pounds be paid: And the Treasurers at Gouldsmiths Hall are required to make Payment thereof accordingly; and the Acquittance or Acquittances of the said Dr. Bastwick, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge to the Committee, and to the said Treasurers of Gouldsmiths Hall, for Payment of the said Five Hundred Pounds, when it shall become due, and the growing Interest for the same, from Time to Time."

Clark to be a Serjeant.

"Resolved, by the Lords and Commons in Parliament assembled, That a Writ issue forth, to call John Clarke, of Lincolnes Inne, Esquire, to be a Serjeant at Law."

Instructions to the Commissioners with the King, about the Propositions for abolishing Bishops, and about Church Government.

"The Houses, upon serious Consideration and Debate had upon that Part of the King's last Answer to the Proposition concerning the taking away and abolishing of Bishops, and settling the Presbyterian Government, have voted, "That it is unsatisfactory." And in regard the King, in His said Answer, hath rather framed a new Proposition than consented to that presented to Him by the Houses, wherein yet He grants some Part of what the Houses desire; that the Houses may manifest the Clearness of their Proceedings in this Treaty, and their earnest Desires of a blessed Peace, they do assign the Particulars wherein (as to that Part of the King's Answer) their main Dissatisfaction resteth:

"1. That the King doth not utterly abolish the Function and Power of Bishops, within the Kingdoms of England and Ireland, and Dominion of Wales; but only suspendeth the Exercise of their Function as to Ordination, for the Term of Three Years, and no more, and the Exercise of their Power as to other Things for the said Term of Three Years, and until such Time as Himself and the Two Houses of Parliament shall agree of any other Settlement.

"2. That, during the Term of Three Years, the King may make Bishops in the old Manner; and at the End of the Three Years the Exercise of their Function as to the Point of Ordination in the old Manner is revived in such of the old Bishops as shall be then living, and in such other new Bishops as the King hath or shall make; it being only expressed, That they shall not ordain without the Counsel and Assistance of Presbyters, which also was practised formerly.

"That the Form of Church Government presented to the King by the Houses is, by His Answer, limited only to the Term of Three Years; and that, at the End thereof, Provision is only made for Ordination in a Way different from what the Houses have proposed, and no certain Way settled for any other Thing concerning Ecclesiastical Discipline and Government, which will be as necessary to be provided as that of Ordination: And this the Houses do judge, at the End of the Three Years, will expose the Kingdom to new Distractions, which they desire may be prevented in this Peace.

"You are hereby authorized to acquaint His Majesty herewith; and to press Him to a full Answer, in passing the Church Government, and abolishing of Bishops, as is propounded by the Proposition."

Votes that the King's Answers concerning them are not satisfactory.

"Resolved, by the Lords and Commons in Parliament assembled,

"That the King's Answer to that Part of the Proposition concerning the King's giving His Consent to the Ordinances for settling the Lands of the Bishops upon Trustees, for the Use of the Commonwealth, and for appointing the Sale of those Lands, is not satisfactory; and that the Commissioners do press His Majesty to give His full Consent to those Ordinances, as is desired by the Proposition.

"Resolved, &c.

"That an Instruction be prepared, to be sent to the Commissioners in the Isle of Wight, to authorize and require them to know of His Majesty, what the Particulars of His Exceptions are to the Ordinances mentioned and contained in the Proposition concerning the Church, and to reduce them to Certainty, and state them, and return them to the Houses.

"Resolved, &c.

"That that Part of the King's Answer to that Part of the Proposition touching the public Use of the Directory, and the taking away of the Book of Common Prayer, wherein He desires to continue the Use thereof for Himself and His Household, until another Public Form of Prayer should be agreed on by His Majesty and His Two Houses, is unsatisfactory.

"Resolved, &c.

"That His Majesty's Answer to that Part of the Proposition as concerns His confirming by Act of Parliament the Articles of Christian Religion is not satisfactory; and that the Commissioners do press the King to give His full Consent thereunto.

"Resolved, &c.

"That the Houses, out of their Detestation to that abominable Idolatry used in the Mass, do declare, That they cannot admit of, or consent unto, any such Exemption in any Law, as is desired by His Majesty, for exempting of the Queen and Her Family out of such Act or Acts as are desired by the Proposition to be passed, for a stricter Course to prevent the hearing or saying of Mass in the Court, or any other Part of this Kingdom, or the Kingdom of Ireland; and that His Majesty's Answer thereunto is not satisfactory; and that the Commissioners do press His Majesty to give His full Consent to that Part of the Proposition as it is there desired.

Swinhow to be instituted to Langton.

Ordered, That Dr. Aylett give Institution and Induction unto George Swinhow Master of Arts, to the Rectory (fn. 3) of Langton juxta Partney, in Com. Lincolne, void by the Death of Benj. Stone, last Incumbent; salvo Jure cujuscunque: Richard Filkine, Patron.

Adjourn.

House adjourned.