House of Lords Journal Volume 4: 10 August 1641

DIE Martis, videlicet, 10 die Augusti.

PRAYERS.

Act authorizing Commissioners to give the Royal Assent to Bills in the King's Absence.

The Commission for giving the Royal Assent to Bills in the King's Absence was read; and it was agreed it should be (fn. 1) sent to the House of Commons.

Then a Message was sent to the House of Commons, by Serjeant Glanvile and Sir Robert Rich:

To let them know, That the King will stay a convenient Time this Morning, to pass the Royal Assent to such Bills as are ready, so as He may go to Stamford this Night: And further, to carry down the Commission to the House of Commons; and to desire them to dispatch the Bill that enables this Commission; and lastly, to tell them, that this House hath passed the Bill for the Public Faith.

The Messengers return with this Answer:

Answer from the H. C.

That they have delivered their Message to the House of Commons, and have left the Commission with them.

Then the Lord Privy Seal reported the Bill for the Clerk of the Market as fit to pass, as it came from the House of Commons.

Bill concerning the Clerk of the Market, and preventing false Weights, etc.

Hodie 3^a vice lecta est Billa, An Act for the better ordering of the Office of the Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of False Weights and Measures.

And, being put to the Question, it was consented to pass as a Law.

Trial of L. Morley.

Ordered, That the Trial of the Lord Morley, touching the Death of Captain Peter Clarke, shall be heard in this House at the Bar, on Wednesday come Sevennight; and that Notice hereof be given to the Lord Morley's Side; and that the Committee for Privileges do consider of the Manner of the said Trial.

L. Herbert Leave to be absent.

Ordered, That the Lord Herbert de Cherbery hath Leave to retire himself in the Country, for his Health.

Message from the H. C. with Bills, and for a Conference about the Commission for passing Bills in the King's Absence.

A Message brought from the House of Commons, by Mr. Nathaniell Fynes; who brought up the Bill for the Treaty, dispatched; and to desire, That His Majesty may be moved to pass the Royal Assent to the Bill concerning Gunpowder; and lastly, desired a Free Conference, by a Committee of both Houses, touching the Bill for the strengthening of the Commission to give the Royal Assent to Bills in the King's Absence.

The Answer hereunto returned was:

Answer.

That this House will give a present Meeting, for a Free Conference, as is desired, in the Painted Chamber; and will appoint some Lords to move the King to pass the Bill for Gunpowder.

Lords Reporters appointed.

The Lord Privy Seal,
Comes Bristoll, and
The Bishop of Lincolne,

Were appointed to report the Conference.

Committee to move the King for the Royal Assent to the Gunpowder Act.

Then the Lord Chamberlain, Comes Dorsett, Lord Viscount Say & Seale, and the Lord Savill, were appointed to go to the King presently, and move Him, That He will be pleased to pass the Royal Assent to the Bills for Gunpowder, Clerk of the Market, and Knighthood; and to let His Majesty know, That the Bill concerning the Treaty is brought up, and hath passed both Houses.

Conference reported.

The House was adjourned during Pleasure, the Lords went to the Conference; which being ended, the Lord Privy Seal reported, "That the House of Commons had returned the Commission, and the Act to enable the Commission, with some Amendments; and desired that some Additions might be made both to the Commission and the Act; for the House of Commons conceive they are both too particular, and not general enough, which (fn. 2) may be very prejudicial.

Reasons for Amendment of the Commission and Act to pass Bills.

"1. For they find no Precedent that a Parliament was ever fitting without a General Power.

"2. It might be a dangerous Precedent to accept of a limited Commission by an Act of Parliament.

"3. There may happen emergent Occasions for the Safety of the Kingdom, which cannot be foreseen; therefore it is dangerous to accept of such a limited Commission by an Act of Parliament."

Answer from the King.

The Earl of Dorsett reported, "That His Majesty will be here presently, and will give an Answer concerning the passing of the Three Bills."

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

Message from the H. C. to move the King to postpone His Journey for a short Time.

To desire their Lordships, that the King may be moved, to stay until the Commission for passing Acts in His Absence be perfected, because His Majesty did promise to stay a convenient Time for passing the Bill to enable the Commission.

The Answer returned was:

Answer.

That their Lordships will send an Answer to this Message, by Messengers of their own.

King present.

His Majesty was this Day present in this House: and, sitting in His Chair of State, the Gentleman of the Rod was sent, to call the House of Commons; who being all come, with their Speaker, the Clerk of the Crown read the Titles of these Bills following, severally: videlicet,

Bills passed.

1. An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland.

2. An Act for securing by Public Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland.

3. An Act for the free bringing in of Gunpowder and Salt-petre from Foreign Parts, and for the free making of Gunpowder in this Realm.

Memorandum, His Majesty hoped, That the Parliament would consider of a Bill for making of good Gunpowder, and for preserving the Salt-petre Works for the Defence of this Kingdom; if they did not, He professes Himself to be clear of the Inconveniences which else will follow.

4. An Act for the Prevention of vexatious Proceedings touching the Order of Knighthood.

5. An Act for the better ordering and regulating of the Office of the Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of false Weights and Measures.

To these Bills, severally, the Clerk of the Parliament (by His Majesty's Command) pronounced the Royal Assent, in these Words:

"Le Roy le veult."

Then the Clerk of the Crown read the Title of a Private Bill: videlicet,

An Act for the assuring of a Messuage called Duresme House, alias Durham House, and certain Stables, part of the Possessions of the Bishop of Duresme, situate in the Parish of St. Martin's in the Fields, in the County of Middlesex, unto the Right Honourable Phillip Earl of Pembrooke and Mountgomery and his Heirs, and of a Yearly Rent of Two Hundred Pounds per Annum to the said Bishop of Duresme and his Successors in Lieu thereof.

To this private Bill the Clerk of the Parliaments pronounced the Royal Assent: videlicet,

"Soit fait come il est desiré."

Then His Majesty took His Leave of the Parliament, hoping to give good Expedition in disbanding of both Armies; and will make what Haste He can to return before Michaelmas.

After this, His Majesty departed; and the Commons went to their House, with their Speaker.

Election of a Speaker of the House.

Declared and Voted by this House, nemine contradicente, That it is the certain and undoubted Right of this House to choose their Speaker; and the Speaker is not to depart when this House sits, without the Leave of this House.

Ordered, That this Declaration, unanimously voted by this House, shall be added to the Standing Orders of this House, to be read at the Beginning of every Parliament.

Acts for the Scots Money, and for the Treaty to be exemplified.

Ordered, That the Two Acts of Parliament, the one for the Brotherly Assistance, the other for the Confirmation of the Treaty between the Two Kingdoms, shall be transcribed into the Chancery, by Writs of Certiorari, directed to the Clerk of the Parliament; and shall be exemplified by the Clerks of the Petty Bag, in a Secretary Hand; and this to be the Warrant in that Behalf.

The Scots desire their Army may pass through Berwick.

The Lords Commissioners reported, "That the Scotts Commissioners desire them to represent to the King's Majesty and the Parliament, that, in respect of the great Rain, which hath been in the North, whereby the Cannon cannot be carried through Kynsydmure, nor can the Scottish Army cross the River of Tweed, His Majesty may be graciously pleased, with Consent of the Parliament, to permit the Scottish Army to march through Barwick, since there is no other Passage."

The House, taking this Desire into Consideration, did appoint the Lords Commissioners to speak with the Scottish Commissioners, and propose unto them the making of a Passage for their Army over The Tweede with a Bridge, which the Lord General shall have Order to make.

A Message was sent to the House of Commons, by Sir Robert Rich and Sir Edward Leech:

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

To let them know, that this House will sit at Five of the Clock this Afternoon, and to desire that the House of Commons will sit likewise.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 5^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Sutton's Hospital.

Upon reading the Petition of the Governors of Sutton Hospital, desiring to have certain Lands restored to them in the Fens, taken from (fn. 3) them by the Defendants; it is Ordered, That the Consideration of this Cause be referred to the Committee for Petitions, to be heard on Thursday come Sevennight, in the Afternoon; and the Defendants to have a Copy of the Petition.

Serjeant Glanvile Leave to be absent.

Ordered, That Mr. Serjeant Glanvile hath Leave to go Circuit, and to be excused from his Attendance of this House in the Interim.

Ld. Rich's Privilege. Camock's Arrest. Phillips discharged.

Upon the Petition of Thomas Phillips, committed to The Fleet by Order of this House, for arresting Tho. Camocke, Servant to the Lord Rich, contrary to the Privilege of Parliament; it is Ordered, That the said Tho. (fn. 4) Phillips (upon his Submission) be forthwith released and discharged from his present Imprisonment, concerning this Business.

Ld. Chief Justice of the King's Bench, Leave to be absent.

Ordered, That the Lord Chief Justice of the King's Bench hath Leave to be absent from this House until Tuesday next.

Vicarage of Bucknell.

Ordered, That the Lord Bishop of Hereford shall have Power, by virtue of this Order, to put in a Third Man, to supply the Cure of the Vicarage of Bucknill; and that Powell shall go on in his Quare Impedit in Lent Assizes next, or else lose the Benefit of the former Order made by this House in this Cause; and that the Sequestration of the Profits of the said Vicarage shall continue until the Trial be ended.

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

A Message was brought from the House of Commons, by Sir Edward Hungerford:

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

The Answer hereunto returned was:

Answer.

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

Lords Reporters appointed.

The Lord Privy Seal, Comes Bathon, and Comes Bristoll, were appointed to report the Conference.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lord Privy Seal reported the Effect of this Conference; which was, "That whereas it was formerly intimated at a Conference, that the Scottish Commissioners declared, That their Army would draw themselves into a Camp, and begin to march away out of this Kingdom within Eight and Forty Hours after they had received the Monies of Arrears at Newcastle, and the Eighty Thousand Pounds in Part of the Brotherly Assistance, and had Security for the Payment of the rest; the House of Commons having now paid them all their Arrears at Newcastle, and Eighty Thousand Pounds in London, and have performed all that was agreed to be performed by them, they desire, that the Lords Commissioners may move the Scotts Commissioners, in the Name of both Houses of Parliament, that their Army may march away, according to their Promise.

"And further, the House of Commons desires this House would join with them, to write Letters to the Lord General of the King's Army, to disband the Horse and Foot presently, that so Peace may be fettled, and Jealousies removed."

Ordered, That this House will join with the House of Commons, in the Desires of this whole Conference; and that the Lords Commissioners do move the Scotts herein.

Tonnage and Poundage Bill.

A Message from the House of Commons, by Mr. Solicitor St. Johns; who brought up a Bill, intituled, "A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported:" And desired that this Bill might pass by a special Commission; and that the said Commission may be issued out before His Majesty be out of this Kingdom, in His Journey towards Scotland.

Ditto.

Hodie prima, secunda, et tertia vice, lecta est Billa, An Act for a Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported.

And, being put to the Question, it was resolved to pass as a Law, nemine contradicente.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 11^m diem instantis Augusti, hora 9^a Aurora, Dominis sic decernentibus.