House of Lords Journal Volume 4: 18 December 1640

DIE Veneris, videlicet, 18 die Decembris:

PRAYERS.

Order for sitting at the Committees.

It was moved, That the Order of the House may be kept, That none but Earls and the Lords Committees do sit at the Table in the Painted Chamber at a Conference; and that then the Judges are not to be covered; which was Ordered accordingly.

Mr Longuevile versus E of Kent, touching the Baronies of Hastings and Ruthin.

It was this Day Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, upon reading of the humble Petition of the Right Honourable Anthony Earl of Kent, Lord Gray of Ruthin, Hastings, and Washford, That the Officers of Arms do forthwith assist the said Earl of Kent, and Charles Longevile, Esquire, for the perfecting and true stating of their Pedigree; and it was further Ordered, That the Earl of Kent shall deliver his Exceptions, by his Counsel, to the said Pedigree, unto the Counsel of the said Mr. Longevile, upon Monday next, being the 21st Day of this Instant Month of December.

Conference touching the Treaty with the Scots reported.

The Lord Keeper reported the Conference Yesterday with the House of Commons, to this Effect videlicet,

"His Lordship, by Way of Introduction, told them, The Lords Commissioners had some further Account to give concerning the Treaty with the Scottish Commissioners, and some Papers, which were delivered from them, to be read to both Houses, some concerning Two Peers of this Realm, others concerning the State of the Scottish Army at this Time.

"The Lords Commissioners began with the Heads of the Scottish Demands, and gave an Account how far they had proceeded therein. The Articles were these following:

"1. That His Majesty would be graciously pleased to command, That the last Acts of Parliament may be published in His Highness's Name, as our Sovereign Lord, with the Estates of Parliament convened by His Majesty's Authority.

"To which His Majesty hath condescended.

"2. Next, That the Castle of Edenburgh, and other Strengths of the Kingdom of Scotland, may, according to the first Foundation, be furnished and used for our Defence and Security.

"Condescended unto.

"3. Thirdly, That our Countrymen, in His Majesty's Dominions of England and Ireland, may be freed from Censure, for subscribing the Covenant; and be no more pressed with Oaths and Subscriptions unwarranted by our Laws, and contrary to their National Oath and Covenant approven by His Majesty.

"Condescended to thus far, that such as are of the Scottish Nation, dwelling as Inhabitants in England or Ireland, shall be subject to the Laws of that Kingdom wherein they live; and so the like to be allowed to our Nation dwelling in Scotland reciprocally, but this extends not to such as only trade as Merchants, and are not Inhabitants.

"4. That the common Incendiaries, who have been the Authors of this Combustion in His Majesty's Dominions, may receive their just Censure.

"To which His Majesty hath yielded, that such of their Nation shall be left to the Trial of their Parliament in Scotland; those of our Nation to the Proceeding of the Parliament here; and against Two Peers of our Nation, they have presented Papers of Accusation to the Parliament; to wit, against the Lord Archbishop of Cant. and the Lord Lieutenant of Ireland, which Papers were read openly in the House.

"5. Fifthly, That our Ships and Goods, with all the Damages thereof, may be restored.

"Nothing done herein.

"6. Sixthly, That the Wrongs, Losses, and Charges, which all this Time we have sustained, may be repaired.

"7. Seventhly, That the Declaration made against us as Traitors may be recalled.

"8. And in the End, by Advice and Consent of the Estates of England convened in Parliament, His Majesty may be pleased to remove the Garrison from the Borders, and any Impediment that may stop free Trade; and, with their Advice, to condescend to all Particulars that may establish a stable and wellgrounded Peace, for enjoying of our Religion and Liberties against all Fears of Molestation and Undoing, from Year to Year, or as our Adversaries shall take Advantage.

"After these were read, the Paper of the Scots concerning the State of their Army, and the Two Accusations against the Archbishop of Cant. and the Lord Lieutenant of Ireland.

"Here follows the said Papers.

"After the Papers were read; the Conclusion was, That the House of Commons would take Things into Consideration; and that they would give a free Conference concerning the Effect of the Paper touching the Army."

Witnesses sworn in E. Strafford's Cause.

The Lord Newburgh and Sir Robert Kinge were sworn at the Bar, in the Cause concerning the Earl of Strafford; and afterwards the Lord Keeper gave them a Charge from the House for Secrecy, until Publication or Leave of the House.

Exchange between the Bp of London and Sir Nicholas Crispe.

It was Ordered, upon Motion, these Words ["Right Honourable"] in the Bill for Exchange of Land in Fulham between the Bishop of London Lord Treasurer of England, and Sir Nic. Crispe, Knight, Fol. 2. Linea 2^a, be left out; and the Place being Once read as it was before, and Twice read after those Words struck out, the House did approve of it, and allowed it should be ingrossed.

Preparation to be made for a Conference about the Scottish Army.

After this it was moved, That Preparation might be made for a free Conference with the House of Commons, about the Paper which concerned the State of the Scottish Army.

For debating whereof, the House was put into a Committee, and adjourned during Pleasure.

And, after some Consideration thereof, the House was resumed; but nothing Resolved of.

Message from the H. C concerning the Archbishop of Canterbury.

They charge him with High Treason.

A Message from the House of Commons, by Mr. Hollis, who told their Lordships: That he, by the Command of the Knights, Citizens, and Burgesses of the House of Commons, and in the Name of all the Commons of England, did accuse William Laude, Archbishop of Canterbury, of High Treason; and desired their Lordships, in their Names, that the said Archbishop of Cant. may be forthwith sequestered from sitting in Parliament, and be committed to safe Custody; and further he was commanded to let their Lordships know, that, within convenient Time, they will bring up to this Honourable House the Articles against him.

His Grace, being present in the House, desired Leave to speak; which their Lordships granted. Afterwards his Grace was commanded to withdraw; and the House taking the Business in Consideration, did Order, That the said Archbishop of Cant. upon the Accusation of High Treason by the House of Commons, should be presently committed to the safe Custody of the Gentleman Usher, and to be sequestered from sitting in Parliament until he hath cleared himself of this Accusation.

At the Bar.

Committed to the Gent. Usher.

The Lord Archbishop of Cant. being called to the Bar as a Delinquent; the Lord Keeper, by the Directions of the House, told his Grace, That their Lordships, upon the Accusation of High Treason against him by the House of Commons, have Ordered, That he shall be presently committed to the safe Custody of the Gentleman Usher, and be sequestered from sitting in Parliament, until he hath cleared himself of the Accusation laid against him; and, offering to speak for some Miscarriages in his former Speech, was not permitted: But, the House being acquainted that his Grace desired their Lordships to give him Leave to go Home and fetch some Papers, whereby to enable him to make his Defence to his First Charge, the House was pleased to give way thereunto, and should take his own Time this Afternoon to sort his Papers, but directed that it should be done in the Presence of the Gentleman Usher; and afterwards to return to the House of the Gentleman Usher this Night, and to be in safe Custody.

Not to be visited by Lords without Leave of the House.

Ordered, That no Members of this Honourable House shall visit the Lord Archbishop of Canterbury, without Leave of this Court first asked.

Blanch to be released out of the Fleet.

It was moved, (fn. 1) The Lords Committees for Imprisonments, etc. have considered of the Petition of Jo. Blanch, of the Island of Jarnse, a very poor Man, and a Prisoner in The Fleet, and do think fit that he be released; which was Ordered by the House accordingly.

Commons acquainted with the Archbishop of Canterbury's Commitment.

The Commons were called in; and the Lord Keeper told them, That the House had committed the Archbishop (fn. 2) of Cant. to the Custody of the Gentleman Usher, upon their Accusation.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 19^m diem instantis Decembris, hora nona, Dominis sic decernentibus.