House of Lords Journal Volume 4: 15 June 1641

DIE Martis, videlicet, 15 die Junii.

PRAYERS.

The Earl of Bath reported the Conference Yesterday with the House of Commons, delivered by Sir Jo. Hotham, to this Effect:

Conference of Yesterday reported about disbanding the Armies.

"That the House of Commons had taken into Consideration the vast Charge that the Kingdom lies under, by maintaining the Two Armies: That they have used their utmost Endeavours in providing Money, and disbanding both Armies: That Necessity enforceth them to disband the King's Army by Parts, as they shall be able to provide Money, and the Scottish Army wholly and altogether.

"That, in disbanding the King's Army, they will First disband those which lie in the most Southern Parts that they do intend to disband Five Regiments, whereof they intend that the Regiment of Hull shall be the first, then the Earl of Nidesdale's Company, Company which is put under the Regiment of Sir Charles Vavasor, and so other Regiments after; and that the most Southern Regiments shall march first, to give Way for the rest to march; and that they shall not march above Three Hundred in a Company."

To debate this, the House was adjourned into a Committee during Pleasure; and, after some Debate, this House was resumed.

Committee to prepare Heads for another Conference on this Subject.

And these Lords following were appointed by the House, to draw and prepare Heads for a Conference, and present them to this House: videlicet,

Order for Rooks versus Tocksey and Martin.

Upon the Complaint of George Rookes, Gentleman, "That Sir Henry Martyn and Robert Tockley would not perform the Order of this House, dated the 5th of this Instant June," it is Ordered, That Sir Henry Martin and Robert Tockley shall attend this House Tomorrow Morning, at Nine a Clock; and the said Sir H. Martyn shall then give this House an Account why he will not obey and perform the said final Order; but, in Case that the said Sir H. Martyn shall not be able to attend this House, by Reason of Inability of Body, and Affidavit thereof made, then the said Sir H. Mar tyn shall return his Answer in Writing under his Hand.

A Message was sent to the House of Commons, by Mr. Serjeant Glanvile and Mr. Attorney General:

Message to the H. C. to sit P. M.

To let them know, that this House will sit this Afternoon, and to desire the Commons to do the like.

Ld. Audley versus Ld. Cottington.

Then the Counsel of the Lord Awdley was heard, in the Cause between him and the Lord Cottington, concerning the Manor of Funthill; but, it being late, it is Ordered, That this Cause shall be further heard Tomorrow Morning, at which Time all Parties and Witnesses are to attend this House.

Clerks of the Common Pleas.

Ordered, That the Cause concerning the Clerks of the Common Pleas shall be heard To-morrow Sevennight, in this House, at the Bar.

The Answer which the House of Commons returned is:

Answer from the H. C.

That they will sit this Afternoon, as is desired.

Jo. de Franke's Cause.

Ordered, That Jo. de Franke's Cause be heard this Day Sevennight, before the Lords Committees for Petitions.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in horam quartam hujus diei, post meridiem, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Burrel discharged out of The Fleet.

Ordered, That Andrewes Burrell, who stands committed in The Fleet for not obeying a Decree made in the Court of Requests by Sir Edward Powell only, at the Suit of Grace Burrell, Widow, shall be free from the said Restraint; upon giving Security, to prosecute his Cause depending in this House before the Lords Committees for Petitions, until his Cause be heard, and further Order therein given by their Lordships.

Lady Purbeck's Cause.

Ordered, That the Lady Purbeck's Cause be heard on Saturday next, in the Afternoon, before the Lords Committees for Petitions.

Rose, Cook, and Haughton, discharged.

Upon Information this Day made to this House, "That John Rose, Cornelius Cooke, and Robert Haughton, are now in the Custody of the Gentleman Usher of this House, and that no Man appeareth against them to prosecute;" it is Ordered, that the said Jo. Rose, Cornelius Cooke, and Robert Haughton, shall be freed of and from the said Restraint or Imprisonment as aforesaid.

The Earl of Bristoll reported the Heads which the Lords Committees drew up in the Morning, to be propounded at the Conference, touching the disbanding of the Armies; which being read openly, were approved of: videlicet,

Report from the Committee of the Heads for a Conference about disbanding the Army.

"That a total disbanding be propounded, as that which is thought in the first Place to be desired. If for this doing they are not provided for the present, this House will be ready to give them all possible Assistance for perfecting of this great Work.

"And that, if the House of Commons shall make an Estimate of what will be wanting to the total disbanding, the House of Peers will join with them most readily; for, until a full disarming and dissolving of the Armies be resolved and declared, it is much to be doubted, that there will be greater Difficulty in raising of Monies, or getting Credit; and therefore it is desired to employ all our joint Endeavours for a total Disbanding of both Armies.

"If there be not a Possibility presently to disband all the Five Regiments being to be disbanded, it is held fit that it be propounded to the Scots, that they at the same Time retire, at least, from The Teeze Homewards, and ship their Field-ordnance at Newcastle; and that the English likewise retire their Ordnances with Train of Artillery."

The Earl of Bristoll was appointed to deliver these Heads at the Conference.

A Message was sent down to the House of Commons, by Justice Heath and Serjeant Whitfeild:

Message to the H. C. for this Conference.

To desire a Free Conference, presently, by a Committee of both Houses, touching the disbanding of the Army, and somewhat in Answer to their Propositions which they presented to their Lordships at a late Conference; and this to be a Free Conference of Debate.

The Answer to the said Message is:

Answer.

That the House of Commons will give a present Meeting, in the Painted Chamber, as is desired.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll reported, That he had delivered at the Conference what he was commanded.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 16^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.