House of Lords Journal Volume 4: 22 July 1641

DIE Jovis, videlicet, 22 die Julii.

PRAYERS.

Message from the H. C. for a Conference, concerning the Adjournment of the Parliament.

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

To desire a Conference, by a Committee of both Houses, touching the Adjournment of the Parliament.

The Answer returned was:

Answer.

That their Lordships will give a present Meeting, is desired, in the Painted Chamber.

Lords appointed to report the Conference were:

Lords to report the Conference.

Rioters in St. Olave's Church discharged.

Upon the humble Petition of Robert Wainman and George Bonace, now Prisoners by Order of the House, which they do acknowledge to be most just and honourable, and have expressed a great Sense of Sorrow for offending this House, by causing a Tumult and Uproar in St. Olive's Church, at the Time of the Administration of the Blessed Sacrament; it is Ordered, That the said Robert Wainman and George Bonace shall forthwith, upon Sight hereof, be free of and from the said Restraint and Imprisonment; and further, that the several Fines set upon them for their said Offence, by this House, shall be hereby remitted and pardoned with this Admonition, "That this shall be a Warning to them and [ (fn. 1) all others] for offending hereafter in the like Kind."

Report of the Address presented to the Queen.

Then the Earl of Essex reported, "That the Committees of both Houses have waited on Her Majesty, and presented Thanks from both Houses for Her Stay of Her intended Journey;" and he read Her Majesty's Answer as follows: videlicet,

Queen's Answer.

"I am very glad that both Houses of Parliament have taken My Resolution of staying My Journey in so good Part; they may see by it I have preferred their Content before My Health; and I shall still continue to do all lies in My Power to serve the King, and for the Good of this Kingdom, and to please them, as they have already seen."

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lords returned, and the House was resumed; and the Earl of Bristoll reported, That the Effect of the Conference was:

Conference concerning the Adjournment of the Parliament reported.

"That, at this Time, there being so many great and important Causes depending in both Houses of Parliament, wherein both Houses are equally interested for the public Good, and many emergent Occasions may happen, and be known to one House before the other; therefore the Desire of the House of Commons is, That each House may acquaint the other, by Conference, before any Recess be resolved on."

Each House to make the other acquainted with any Recess.

Hereupon the House was adjourned, during Pleasure, into a Committee, to consider of this Desire of the House of Commons; and, after some Debate, the House was resumed; and it is Ordered, That this House shall not resolve of any Recess, unless there be Two Days Warning to debate it; and that it be moved in the Morning, that there may be a full House; and that, before the Recess be resolved of, there be a Conference with the House of Commons, to acquaint them therewith.

Further Cessation of Arms.

Then the Earl of Bristoll signified to the House, "That the Cessation of Arms with the Scotts is near expiring;" therefore moved, to have a Conference with the House of Commons, concerning the continuing of the same for Fifteen Days longer; which the House consented to. Hereupon a Message was sent to the House of Commons, by Justice Foster and Justice Mallett:

Message to the H. C. for a Conference concerning it.

To desire a Conference, by a Committee of both Houses, presently, if it may stand with their Conveniency, touching an Answer to the late Conference, and the Cessation of Arms.

Answer:

Answer.

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

The Earl of Bristoll was appointed to let them know what Order this House hath made, touching the Message concerning the Recess; and also to propound the continuing of the Cessation of Arms with the Scotts for Fifteen Days longer, after the Expiration of the former, upon the same Terms, if the Treaty lasts so long; which this House assents to, if they shall do the like.

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 to the House of Commons, at the Conference, what he was commanded by this House."

Mr. Smart versus Dr. Cesens, et al.

Then the Counsel of Mr. Smarte were heard, in the Cause against Doctor Cosens and others; and they proceeded in the Charge to the Fourteenth Article; and, because of other important Occasions coming from the House of Commons, it is Ordered, That this Cause shall be further heard and proceeded in To- (fn. 2) morrow Morning, at which Time all Parties and Witnesses (fn. 3) are to attend.

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

Message from the H. C. that they agree to a further Cessation of Arms.

To let their Lordships know, That the House of Commons do assent to the Continuance of the Cessation of Arms with the Scotts for Fifteen Days longer, from the Expiration of the former, upon the same Terms as formerly, if the Treaty lasts so long.

Agreed to by this House.

To which this House likewise consented; and Ordered the same accordingly.

Another Message was brought from the House of Commons, by Sir Dudley North:

Message from the H. C. for a Conference, about disbanding the Armies Answer.

To desire a Conference, by a Committee of both Houses, touching the disbanding of both Armies.

The Answer returned is:

Answer.

That their Lordships will give a Meeting presently, in the Painted Chamber, as is desired.

Reporters of the Conference:

Lords to report the Conference.

L. Morley's Privilege.

Baynes arrested.

Ordered, That the Gentleman Usher attending this House shall attach, or cause to be attached, and brought before this House, the Bodies of Trussell, Mercer, at whose Suit Robert Baynes, a menial Servant of the Lord Morley, was arrested; as also the Bodies of John Emms and Luke Mayne, who made the said Arrest, contrary to the Privilege of Parliament, and are to appear before the Lords in Parliament to answer the same.

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, to this Purpose:

Conference about disbanding the Armies reported.

That the House of Commons have taken into Consideration the great Pressure that this Kingdom lies under, by reason of the Two Armies in the Bowels of it; and that there is no Way to disband them but the Help of the Poll-money, which comes in yet very slowly; therefore they have Resolved, for the easing of this Burthen, which is intolerable, That Eight Troops of Horse be disbanded: videlicet, The Troops of the
"Earl of Carnarvan,
Sir Richard Greenvile's,
Captain William Vaughan,
Captain Richard Herbert,
Captain Radcliffe's,
Sir Tho. Lucas,
Sir Charles Lucas,
Mr. Henry Percie's.

"And the Reason, because these Troops lie Southerly, therefore least Use of them; and, unless these Troops are disbanded now, the Army will be so long in disbanding, that the Charge will so multiply, that it will put them to an Exigence what Course to take; but their Intention is, not to disband before the Scotch Troops shall march away."

And further it was reported, "That the House of Commons had desired that the Lords Commissioners may move the Scottish Commissioners, that, upon the Payment of the former Arrears, and the Arrears since accrued by the new Propositions of the Cessation of Arms, they will appoint a Day for disbanding of the Army; and that the Scotts will forbear the Eighty Thousand Pounds of the Brotherly Assistance for Five or Six Weeks, upon Personal or such other Security as they shall think fit."

Hereupon it is Ordered by this House, That the Lords Commissioners do treat with the Scotts Commissioners about the Two last Propositions delivered this Day at the Conference as aforesaid.

Mr. Smart to be presented to the Vicarage of Acliff;

Ordered, etc. That the now Dean and Prebendaries of Durham shall (by virtue of this Order) forthwith, upon fight hereof, present Peter Smart, Master of Arts, and Senior Prebendary of Durham, according to the Custom of the said Church, unto the Vicarage of Aycliff, in the Bishoprick of Durham, now void, and belonging to the Free Gift and Donation of the Dean and Chapter of Durham in Right of the said Church; and the Bishop of the Diocese is likewise commanded, by virtue of this Order, to give Institution and command Induction accordingly, with all Rights and Privileges thereunto belonging; and the Tenants and other the Parishioners of the said Parish are commanded to yield quiet and peaceable Possession, and pay all Tithes, Rents, and Profits, arising out of the same, to him, or such his Assigns, during their Lives; and they are likewise to pay to him what Monies are yet unpaid unto Doctor Carr of the last Year's Profits.

and to be restored to his Prebend of Durham.

It is this Day Ordered, by the Lords Spiritual and Temporal in the Upper House of Parliament assembled, That Peter Smart, Clerk, shall be hereby restored unto the Fourth Prebend of Durham, of which the said Mr. Smart was formerly dispossessed, together with all Houses, Tithes, Leases, Stipends, Dividend, and other Appurtenances, Rights, and Privileges, belonging to the Prebend, in as full and ample Manner, to all Intents and Purposes, as at any Time heretofore he hath enjoyed the same; notwithstanding any former Sentences or Judgements against him, or any Incapacity accruing unto him thereby, all which are by this Order to be set aside; and that all Tenants and others, in Possession of any Part or Parcel of the said Prebend, shall yield him quiet and peaceable Possession, and pay him or his Assigns all Rents and Profits arising out of the same, from the Day of the Date hereof, during his Life; and that Richard Carr, upon Sight hereof, shall deliver to the said Mr. Smart, or his Assigns, all Writings and Evidences concerning the said Prebend, which are in his, and formerly were in the Possession of Doctor Carr.

No more Private Petitions to be received this Sitting.

Ordered, etc. That no more Private Petitions shall be read or heard, at the Committee for Petitions, this Sitting of Parliament; but that such Causes also as have been already begun or heard shall be finished by their Lordships at this Meeting, that thereby the Public Businesses and Bills exhibited in Parliament, and other Things brought up from the Commons, may have a Dispatch this Meeting; and that all Businesses concerning the Members of this House shall be proceeded in as before the making of this Order.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 23^m diem instantis Julii, hora 9^a Aurora, Dominis sic decernentibus.