House of Lords Journal Volume 4: 17 March 1641

Die Mercurii, videlicet, 17 die Martii.

PRAYERS.

Parker sent for, for counterfeiting Lord Audley's Seal.

The Lord Awdley signified to the House, That one Robert Parker hath counterfeited his Lordship's Hand and Seal in a Protection. Whereupon the House did Order, that the said Robert Parker be sent for, by the Gentleman Usher of this House, to appear as a Delinquent before this House, to answer the same.

Walker and Wells confined for publishing unlicensed Books, discharged.

Upon the Petition of Henry Walker and John Wells, Prisoners in The Fleet, being committed by this House for making, printing, and publishing, of unlicensed Books; for which they are sorry, and humbly desire the Mercy of this House; and being very poor Men, it was Ordered, That the said Henry Walker and Jo. Wells be forthwith discharged from their Imprisonment, and set at Liberty.

Newport and Carisbrook distinct Parishes.

The Bill for the making the Town and Borough of Newporte, in the Isle of Wight, a distinct Parish from Carisbrooke, and the Chapel of St. Thomas there to be a Parish Church, was reported by the Lords Committees, with the Amendments; which being read Twice, and approved of, the said Bill was Ordered to (fn. 1) be ingrossed.

Withypoole's Petition referred.

The Petition of Henry Withypoole, etc. was read, and refered to the Committee for Petitions; and to be considered of when the Earl of Cleveland's Cause be heard.

Message from the H. C. for a Conference about disbanding the Irish Army.

A Message from the House of Commons, by Mr. Fines: To desire a Free Conference, by a Committee of both Houses, touching the Matter of the late Conference, concerning the disbanding of the new Irish Army, the disarming of the English Recusants, and the removing of the Papists from the King's Court; and this to be at such Time and Place as their Lordships shall please to appoint.

The Answer to the aforesaid Message was:

Answer.

The Lords will give a Meeting, by a Committee of both Houses, presently, in the Painted Chamber.

Lords to report the Conference.

The Earl of Bath, the Earl of Bristoll, the Earl of Warwicke, and the Lord Bishop of Lincolne, were appointed to report the Conference.

Conference. reported.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Bishop of Lincolne reported the Effect of the Conference, as followeth:

"That the Knights, Citizens, and Burgesses of the House of Commons, do desire their Lordships, That (according to their former Proposition) the King might be moved, that the new Irish Army may be be disbanded, as a Thing that much concerns the Safety of this Kingdom; and that no Papists be entertained in the old Army there. But, for that other Proposition, of adding Two Thousand more unto that old Army, they do not conceive it fit to interest or engage themselves therein: That the House of Commons doth likewise desire that (according to their Lordships former Proposition) the Recusants of this Kingdom may be disarmed, according to the Law, and shall (as formerly hath been proposed) proceed to join with your Lordships, in petitioning His Majesty for the Removal of all Popish Recusants from the Court; especially the Four that have been named, videlicet, Mr. Mountague, Sir John Winter, Sir Kenelme Digby, and Sir Toby Mathewes."

Then he reported the Answer which His Majesty gave to the Petition of both Houses of Parliament at Oxforde, concerning Recusants. (Here enter it.)

The House agrees to the disarming and removing of English Papists.

Irish Commissioners to attend, concerning the disbanding of their New Army.

The House took the Conference into Consideration, and agreed to that concerning the disarming of the English Papists, the removing of the Recusants from the Court, and the disbanding of the new Irish Army, as was resolved of formerly by the House: But the Lords thought it fit, in regard the Kingdom of Irland did maintain the new Army, and it being a Business so much concerning that Kingdom, That Notice be given to the Commissioners which are sent hither from the House of Commons in Ireland, being the Representative Body of that Kingdom, to be here To-morrow Morning, at Nine of the Clock, for to hear what they can say concerning the disbanding of the Army. Which was Ordered accordingly.

Scots Commissioners Paper read, about the Want of Money to pay their Army, desiring immediate Relief.

After this, the Lords Commissioners presented to the House a Paper of great Consequence, which was delivered to them, for to present to the Parliament, by the Scotts Commissioners; which the House received, and commanded it to be read, as followeth:

"In the Midst of other Matters, Necessity constraineth us to shew your Lordships, that of Fourscore Thousand Pounds, and above, of the Monies appointed for Relief of the Northern Counties, there is no more paid but Eighteen Thousand Pounds. The Country People of those Counties have trusted the Soldiers so long, as they are become weary and unable to furnish them, their Cattle and Victual being so far exhausted and wasted as it is scarce able to entertain themselves. The Markets are decayed, because there is no Money to buy their Commodities, and are become so dear, that no Sort of Victual is sold but at a double Rate. And, which is hardest of all, the Army is so stinted by the Articles of Cessation to stay within these Two Counties, whose Provisions are all spent, expecting from Time to Time the Payment of these Monies which were promised for their Relief, and are reduced to such Extremity, as they must either starve, or, sore against their Will, break their limited Bounds, unless some speedy Course be taken for their more timous Payment; which we most earnestly intreat your Lordships to represent to the Parliament, that, so soon as may be, the Arrears may be paid. And, because the continued Payment of that Monthly Sum, for the Relief of the Northern Counties, is a Burthen to the Kingdom of England, our Army is a Trouble to the Counties where they reside, our Charges of entertaining our Armies (besides what is allowed from England) is exceeding great, and our Losses and Prejudice, through Absence and Neglect of our Affairs, not small; therefore, that all Evils and Troubles of both Kingdoms may be removed, it is our earnest Desire, That the Parliament may be pleased to determine the Time and Manner of Payment of the Three Hundred Thousand Pounds, which they were pleased to grant towards the Relief of their Brethren, that there may be no Let about this when Matters shall be drawing towards an End; and that His Majesty and they may give Order for accelerating Matters in the Treaty, that, the Peace being concluded, England may be eased of the Burthen of Two Armies, and we may return to our own Homes, which is our earnest Desire.

"Ad. Blaier."

16 die Martii, 1640.

Hereupon the Lords sent a Message to the House of Commons, by Serjeant Ayliffe and Sir Robert Rich:

Message to the H.C. for a Conference about the Scots Affairs. Persons sent for to answer the Complaint of the Prince of Wales.

To desire a present Conference, if it stand with their Conveniency, in the Painted Chamber, by a Committee of both Houses, touching the Scottish Affairs.

Upon reading a Petition of the Commissioners of the Prince his Highness, it is Ordered, That the Gentleman Usher attending this House shall cause to be brought before this House, James Henn, John Edyn, of Berkhamsteed, in the County of Hertford, Henry Smith, and Andrew Smith his Son, William Chislett, Edward Chandler, and Jo. Stacy, of Meere, in the County of Wilts, to answer such Complaints as they now stand charged with in the aforesaid Petition.

Privilege of the Stannery Courts.

Next a Paper was read, delivered from the Prince his Highness's Commissioners, declaring, "That divers Owners of Tin Works, in the County of Devon, have brought several Actions in the King's Bench and Common Pleas against divers others of the Stannery Courts there, and intend to go to Trials at the next Assizes for the County of Devon, which Suits tend much to the Prejudice and Detriment of his Highness;" it is Ordered that the Trials intended to be at the said next Assizes, and wherein Issue is joined between several Parties mentioned in the Paper, shall cease, and not be proceeded in at the said next Assizes; neither shall they or any other Suits of the like Nature be prosecuted as aforesaid, for and during the Continuance of this present Parliament, or during the Time of Privilege of the same.

Planters in New England to be heard concerning their Ships being restrained.

Ordered, That the Cause of the Merchants of New England shall be heard To-morrow Morning, in this House, concerning the Reason why their Ships were restrained.

Decroe's Petition read.

Upon reading the Petition of Benjamin Decros, it is Ordered, That certain Deeds and Writings, concerning the Manor of Rushenden, remaining now in the Chancery, and in the Hands of Margarett Decro, be brought before the Lords Committees for Petitions, on Saturday the Twentieth Day of March, One Thousand Six Hundred and Forty; and also that all Witnesses concerning the said Cause do appear before the Lords Committees at the same Day.

Paper delivered by the Scots Commissioners to be read at the Conference.

Ordered, That this House doth appoint the Lords Commissioners to deliver, at the Conference with the House of Commons, the Paper read this Day in this House, which was delivered to (fn. 2) the Lords Commissioners from the Scottish Commissioners; and the Earl Marshal was appointed to make an Introduction, to let the House of Commons know so much.

Conference reported.

The House was adjourned, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll reported to the House, "That the Paper was delivered to the House of Commons, according to their Lordships Commands, and read."

Committee for Judicature and Cessing the Nobility in Subsidies.

Ordered, That the Committee for Judicature doth meet at Two of the Clock this Afternoon; and the Committee for Cessing the Subsidies at Three a Clock this Afternoon.

Rowley, for Slander of the Peers, sent for.

Ordered, That Francis Rowley, of Whitechurch, in the County of Salop (having spoken scandalous and slanderous Words of those Peers that presented the Petition to His Majesty when He was at Yorke, and likewise uttered uncivil Speeches of some other Peers of this House), be sent for, by the Gentleman Usher attending this House, to answer the said Offences as he stands charged with; and further, that the Examinations and Depositions of Witnesses in this Cause, taken upon Oath by Sir Richard Newport, Knight, and Timothy Turner, Esquire, Justices of the Peace, be sent sealed up hither; and the Witnesses likewise to appear, that so their Lordships may proceed therein according to Justice.

Petition of the Lords at York to be brought into the House.

Ordered, That the Petition which the Lords presented to the King at Yorke be brought into this House, and read here To-morrow Morning.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 18^m diem instantis Martii, hora 9^a, Dominis sic decernentibus.