House of Lords Journal Volume 4: 23 July 1641

DIE Veneris, videlicet, 23 die Julii.

PRAYERS.

Report of the Poll-money received of the Nobility.

This Day Mr. Parramour gave an Account to this House, "That he had received Nine Thousand Pounds of the Poll-money of the Lords and Dowagers of this Realm, which he hath paid in to Sir William Udall; and that there is Seven Thousand Pounds behind unpaid:" Hereupon it is Ordered, That the said Mr. Parramour shall send to those Lords and Dowagers that are in Town, which have not paid the Poll-money, to give them Notice they are to pay it in to him by Tuesday Morning; and further, that Mr. Parramour do re-pay the Twenty Pounds to the Countess of South'ton, being so much paid more than her Proportion. And lastly, if those Lords that are in the Country paid not their Poll-money in before Monday next, then the Speaker of this House is to write a Letter to every one, to desire that the same may be speedily paid.

Bishops Poll-money.

Memorandum, This House declared that those Bishops that pay no Tenths at all, shall only pay Sixty Pounds a-piece.

An Act for the Certainty of Forests.

Then the Earl of Warwicke reported the Bill for the Forests, with some few Amendments; which being read Twice, were approved of. Then

Ditto.

Hodie 3^a vice lecta est Billa, An Act for the certainty of Forests, and of Metes, Meers, Limits, and Bounds of the Forests. And, being put to the Question, it was consented, nemine contradicente, to pass as a Law; and then it was presently sent down to the House of Commons, by Sir Edward Leech and Dr. Bennett, with a Signification that it hath passed this House with a few Amendments.

Report of the Answer of the Scots Commissioners about disbanding their Army.

Next, the Earl of Bristoll reported the Answer of the Scots Commissioners to the Two Propositions, which the Lords Commissioners were Ordered by this House to propound to them, concerning the disbanding of their Army, and taking Security for Eighty Thousand Pounds. The Answer was read, in hæc verba: videlicet,

"Although the extreme Necessity of the Army hath been so represented unto us, as that the Arrears and Eighty Thousand Pounds of Brotherly Assistance have not been sufficient to disband our Army, and pay the most necessary present Charges; yet have we not refused to agree unto your Desires in every Thing within our Power, which moveth us (who are but a few of the Commissioners) to offer not only the representing of your present Desires to the General and Committees, but the persuading of their condescending so far as Necessity can permit, both about the Time of disbanding our Army, so much desired by us all, and which will be done chearfully and readily as soon as the Articles are ratified in the Parliament here, and the Money that shall be agreed upon sent and received at Newcastle, as also for continuing the Payment of Eighty Thousand Pounds some short Time; but we are bold to desire an Alteration in your Lordships Paper, that it may be the more possible for them to agree thereto, as all the by-gone Arrears would be presently sent to Newcastle, that they may have Time to make Accompts, and prepare for disbanding, so all the Arrears that will be due to the last Day of the Payment of our Army may be shortly satisfied, either there or at London, for answering Exchanges, or sent to Newcastle, to help the disbanding there; and for the Eighty Thousand Pounds, that your Lordships would offer to deliver and embark the same here before the Tenth of August, that it may be in Scotland against the King's coming, or the Twentieth Day of the said Month at farthest, because divers have lent all their Monies, and fold all their Victuals, for the public Use of the Army, who must now be supplied with some Part of their Monies, and Price of their Victuals; otherwise it will procure great Confusion and Grudging amongst them."

Hereupon it was Resolved, That this should be communicated to the House of Commons, by a Conference to this Purpose.

Message to the H. C. for a Conference about disbanding the Armies.

A Message was sent to the House of Commons, by Justice Reeves and Serjeant Fynch:

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

Commonalty of London against the Mayor and Aldermen.

Upon reading the Petition of the Six Persons chosen by the Commonalty of the City of London, it is Ordered by the Lords in Parliament, That the Book of Reversions shall be perused by them; and afterwards, with the Books of A. D. E. F. G. H. I. K. L. Z. O. Liber Albus, Transcript, Dunthorne, Customs, Repertory, Hamersly Journal of 6 H. VII. Journal Swynerton, Middleton Hayes Journal, Garraway, shall be brought into the Upper House of Parliament on Monday next, being the 26th of this instant Month of July, by Nine of the Clock in the Morning, at which Time their Lordships have Ordered to hear the said Cause, and not before, by reason of very great urgent Businesses that are to be heard before their Lordships in the mean Time.

Burrell's Cause referred to the Chancery.

For that many great Businesses are now depending in this House, it is Ordered, &c. That the Cause depending now before the Lords in the Upper House of Parliament between Andrewes Burrell, Plaintiff, and Grace Burrell, Defendant, shall, by virtue of this Order, be wholly and entirely referred unto the Chancery, to be proceeded in there according to the Course of that Court; and further it is Ordered, That the said Andrewes Burrell, standing now committed by a Decree made by Sir Edward Powell, in the Court of Requests, shall be freed of and from any Restraint or Imprisonment that doth or may happen unto him for or by reason of the said Decree.

Goldsmith versus Martin.

Ordered, etc. That the Cause of the Lady Gouldsmith and Sir Henry Martin, Knight, shall be peremptorily heard, in open House, at the Bar, on Friday the 30th of this Instant July, by Nine of the Clock in the Morning; at which Time and Place all Parties interested, and Witnesses and others appointed to attend this Cause, are hereby to take Notice of this Day appointed, and attend the Hearing accordingly. And it is Ordered, That Symon Plusher's Cause shall be the second Cause the same Day at the Bar.

Order about Petitions.

Ordered, That no Petitions be entertained before they be read first in this House; and that no Petitions be dismissed without the Order of this House.

The Answer which the House of Commons returned to the Message is:

Answer from the H. C.

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

The Earl of Bristoll was appointed to speak at the Conference, and to deliver the Paper of the Scotts Answer to the House of Commons.

Conference about disbanding the Armies reported.

Then 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 the Paper was read, and delivered to the House of Commons at this Conference;" and further signified, "That the House of Commons desires their Lordships Resolution touching the disbanding of the Eight Troops of Horse of the King's Army."

Ordered, That the disbanding of the Eight Troops of Horse be debated this Afternoon, at Four a Clock.

Mr. Smart versus Dr. Cosens et al.

Ordered, That the Cause between Mr. Smarte and Dr. Cosens and others shall be further heard on Wednesday next.

Suppressing Pirates.

Ordered, That the Bill concerning Turkish Pirates shall be considered of by the Committee on Wednesday next in the Afternoon, at which Time the Turky Merchants are to attend.

Bill of the Clerk of the Market.

Ordered, That the Committee of the Bill of the Clerk of the Market do meet on Tuesday Morning next, at Eight a Clock, at which Time the King's Counsel, and Mr. Paul Pert are to have Notice, and be heard if they desire it.

Plymouth Bill.

Ordered, That the Bill concerning Plymouth shall be considered of by the Committee, on Monday next, in the Afternoon.

Eggar's Free School at Alton.

Hodie 1^a vice lecta est Billa, An Act for John Eggar's Free School, within the Parish of Alton, in the County of Southampton.

A Message was sent to the House of Commons, by Serjeant Whitfeilde and Fynch:

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

To let them know that this House intends to sit this Afternoon, and to desire them to sit likewise.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 4^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

The Messengers return, with this Answer from the House of Commons to the Message sent in the Morning:

Answer from the H. C.

That they will sit this Afternoon.

Petition of Fenner and Wingfeild, about a Riot in the Queen's Land.

The Petition of Sir Gregory Fenner and Edward Wingfeild, Esquire, was read; setting forth, "That they being Tenants to the Queen's Majesty of certain Grounds, in, which have been inclosed by Consent Two Years since; and now of late the Ditches have been thrown down, and the Quiet of the Possession disturbed; therefore desired the Order of this House for the quiet enjoying of the Possession of the same:" Hereupon it is Ordered, That Affidavit be made that the said Possession hath been broken since the Sitting of this Parliament.

The House called.

After this, the House was called, and these Lords were absent: videlicet, the

Disbanding the Armies.

Then this House was adjourned into a Committee during Pleasure, to debate the Matter concerning the disbanding of the Eight Troops of Horse in our Army; and, after some Consideration, the House was resumed, but nothing now resolved of.

A Message was sent from the House of Commons, by the Lord Dungarvan:

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

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

Answer returned was:

Answer.

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

Lords to report the Conference.

These Lords following were appointed to report the Conference: videlicet,

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lordsreturned, and the House was resumed; and then the Lord Privy Seal reported the Effect of the Conference:

Conference reported.

"That the House of Commons desires their Lordships would join with them to desire the City of London, for the borrowing of Forty Thousand Pounds, besides the Thirteen Thousand Pounds lately received of them; and it shall be secured out of the Pollmoney; and the House of Commons doubteth not but, with this Forty Thousand Pounds, and other Monies which they have, they shall be able to appoint a certain Day for the disbanding of the Armies."

40,000 l. to be borrowed of the City of London.

This House, taking this into Consideration, Ordered, That the Lord Mayor of the City of London, the Aldermen, and such of the Common Council as the Mayor shall think fit, together with the Six Persons which are nominated by the Commonalty, shall attend this House To-morrow Morning, at Ten a Clock, to be moved concerning the lending of the aforesaid Forty Thousand Pounds.

Worsley and Thelwall.

Ordered, That Justice Reeves and Justice Foster be spared of their Attendance of this House, or at Committees, on Tuesday next, for to state the Business concerning Sir Henry Worseley and Sir Bevis Thelwall, committed to them by the Lords Committees for Petitions.

Depredations by the French, etc.

Ordered, That the Business of the Depredations be considered of on Tuesday next.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 24^m diem instantis Julii, hora 9^a, Dominis sic decernentibus.