House of Lords Journal Volume 4: 13 August 1641

Die Veneris, videlicet, 13 die Augusti.

PRAYERS.

Knifton versus Sir Ralph Freeman.

Upon Report from the Committees for Petitions, of the Cause between Knifton (fn. 1) and Sir Ralph Freeman, That the said Cause hath been in the Chancery, concerning a pretended Promise made by Sir Ralph Freman to the said Kniston, Nineteen Years past, for the Reversion of an Office in The Tower; it is Ordered, That the said Cause is, by virtue hereof, dismissed to the Chancery, or to any other Courts of Justice, as Kniston shall think fit; but no further Prosecution of the said Cause to be in this House.

Bp. of Chester Leave to be absent.

Ordered, That the Lord Bishop of Chester hath Leave to go into the Country.

Armstead versus Warner.

Upon Report this Day made to this House, That the Security which Robert Armsteed offers to George Warnor, for the Ship called St. Jo. Baptist (fn. 2) it is Ordered, by this House, That George Warner shall make an absolute Bill of Sale, to Robert Armestead, of the Ship called The St. John Baptist, some Time of Lubecke, now of London, as he formerly agreed to draw the said Bill of Sale, to be deposited in the Hands of the Right Honourable the Earl of Warwicke, there to remain until the said Armestead shall pay unto the said Warner the full Sum of Nine Hundred Pounds of lawful Money of England; and Eight Pounds per Cent. for the same from the 30th of August 1640, when the same should have been paid to the said Warner; and also the Charges, which amount to the Sum of Eight Hundred Sixty-five Pounds, Five Shillings, and Eight Pence, which the said Warner hath paid, and stands engaged for, to the Artificers, for Work done upon the said Ship; all which is to be paid by the said Armestead within One Month next ensuing the Date hereof; and, if the abovesaid Sums be paid within the Time hereby limited, then the Bill of Sale is to be delivered to the said Armestead; but, if he make Default of Payment, the said Bill of Sale is to be void, and delivered back to the said Warner, to be canceled; and the Ship above-mentioned, with her Tackle and Furniture, by virtue of this Order, forthwith after the said Month expired, and Default of Payment to the said Warner, to be publicly sold by the Right Honourable the Lord High Admiral of England, or the Marshal of the Admiralty; and, the abovesaid Sums being first paid unto the said Warner, or to those to whom he stands engaged, the Remainder is to be delivered to the said Armestead; and this, without any further Order, shall be a sufficient Warrant for Sale of the said Ship, in Case the said Armestead shall make Default of Payment.

Judge Crawley Leave to be absent.

Ordered, That Justice Crawly hath Leave to go into the Country.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. for a Conference about levying Troops here for the French.

To desire a Conference, by a Committee of both Houses, touching the Desire of the French Ambassador to transport Men for the Service of the French King.

The Lord Chamberlain and the Earl of Warwicke were appointed to speak at the Conference.

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

Message from the H. C. for a Conference about closing the Treaty.

To desire a Free Conference, by a Committee of both Houses, touching the closing up of the Treaty.

The Answer hereunto returned was:

Answer.

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

The Lord Privy Seal, Comes Warwicke, Lord Viscount Say & Seale, and the Lord Wharton, were appointed to report the Conference.

Maxwell's Petition.

Ordered, That the Petition of Robert Maxwell is referred to the Committee for Petitions.

Blackston's Petition.

Ordered, That the Petition of Tobias and William Blakeston is referred to the Committee for Petitions, and to be heard before the Lords Committees the Second Thursday after the Feast of All Saints next, at Two a Clock in the Afternoon, in the Painted Chamber; at which Time and Place Richard Battison and George Watson are to attend.

Committee for Defence of the Kingdom.

Ordered, That, if the Committees for the Defence of the Kingdom, and for Gunpowder, do not meet this Afternoon, then they are to meet To-morrow Morning, at Eight a Clock.

Lake versus Lake.

Ordered, That the Business between Sir Tho. Lake and Lancelott Lake, Esquire, is, by virtue of this Order, recommended to the Lord Keeper, the Earl of Warwicke, the Lord Bishop of Lincolne, and the Lord Pierpointe, to see if they can compose the Differences between them; and, if there be any Equity to be found, that Mr. Lancelot Lake may buy the Land, paying all the Money, with the Consideration, unto the said Sir Tho. Lake or his Assigns; if not, that Sir Tho. Lake may have full Power to dispose of the said Lands as he shall think fit.

Levying Irish Troops for Foreign Service.

The Lord Chamberlain signified to the House, "That one Captain doth desire he may have Leave to transport some Irishmen that are about the City of Lowne, for Foreign Service." And the House Agreed, That the Lord Chamberlain should propound it to the House of Commons, at this Conference.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed. The Lord Privy Seal reported, "That the House of Commons have given their Resolutions to the Propositions presented to them from their Lordships, touching the Conclusion of the Treaty: videlicet,

Propositions about the Conclusion of the Treaty.

"1. To the First, concerning the 7th of September to be the Day for Thanksgiving for both Kingdoms, they have agreed to it.

"2. To the Second, for the Scotts Army passing over the Tweede the 25th of August. Agreed to.

"4. To the Fourth, That the restoring of the Ordnance at Newcastle, and that the Arms and Munition may be all restored, or paid for. To be recommended to the Scotts Commissioners. Agreed to.

"6. To the Sixth, concerning seeing the Treaty to be finished in Scotland. They desire that Commissioners may be sent from both Houses of Parliament to see the Treaty performed, and to settle the Peace of both Kingdoms.

"7. To the Seventh, touching the Scotts Army marching through Barwicke. Agreed, To be in such Sort as shall be appointed and settled there with the General and Governor of Barwicke.

"8. To the Eighth, touching the Order for paying the Eight and Twenty Thousand Pounds, to the Bishoprick of Durham, and the Town of Newcastle, the House of Commons have made an Order to that Purpose already; and they will deliver it to the Earl of Warwicke, to be delivered to the Scotts Commissioners."

The Messengers that were sent to the House of Commons return with this Answer:

Answer from the H. C.

That they will give a Meeting presently, in the Painted Chamber, concerning the French Ambassador's Desire.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Lady Goldsmith versus Sir H. Martyn.

Upon the Petition of Dame Catherine Gouldsmith, (fn. 3) desiring Judgement in the Cause against Sir Henry Marten, being fully heard in this House at the Bar; it is (fn. 4) Ordered, That this House will take into Consideration what Judgement to give in that Cause, on Wednesday Morning next.

Lilbourne and Claxton's Cause dismissed.

Ordered, That the Cause between Lilbourne and Claxton is, by virtue of this Order, absolutely dismissed out of this House.

Examination concerning Incendiaries.

Ordered, That the Commission for Examination of Witnesses concerning Incendiaries, be considered of Tomorrow Morning; and that the Lords Commissioners do speak with the Scottish Commissioners, that they set down who the Persons are whom they intend to examine, and what the Interrogatories are; and to present the same to this House To-morrow Morning.

E. of Bedford Commissioner to Scotland.

Memorandum, The Earl of Bedford was named to go as Commissioner for this House to Scotland, and the House of Commons were to nominate of their House.

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 sexta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

A Message was brought from the House of Commons, by Sir Phillip Stapleton:

Message from the H. C. concerning the Capuchins at Denmark-House.

To let their Lordships know, That they take Notice that the Capuchin Friars at Denmarke-House are very active in perverting the King's People from the true Religion; and therefore that the House of Commons desires their Lordships to join with them (as formerly they have agreed), that there may be some Course taken for the sending them out of this Kingdom.

The Answer returned was:

Answer.

That their Lordships will take the Business of this Message into Consideration To-morrow Morning (it be ing now late, and this House very thin), and will return an Answer by Messengers of their own.

Smart versus Dr. Cosens, &c.

Ordered, That Mr. Smart's Cause against Dr. Cosens, &c. shall be further heard on Monday Morning next.

Scots Commissioners Demand about Incendiaries.

The Lords Commissioners reported the Demands of the Scotts Commissioners, touching the Commissioners Names, &c. which are to be put into the Commission for Examination of Witnesses touching Incendiaries, which Particulars were to be delivered to the Clerk of the Crown, to draw up a Commission by.

Commission about Incendiaries.

Ordered, That the Clerk of the Crown shall issue out a Commission under the Great Seal of England, and the Lord Keeper is to seal it accordingly, by virtue of this Order; which Commission is to be directed to the Lord Keeper, the Lord Privy Seal, the Earl of Warwicke, Lord Viscount Say & Seale, Lord Wharton, and the Lord Kymbolton; to the Lord Lowdon, Sir Patrick Hepbourne, and Jo. Hepborne, and Jo. Smith, Esquire, to join with several Members of the House of Commons, or any Eight of them, to examine Witnesses touching Incendiaries, concerning both Kingdoms of England and Scotland.

Bp. of Bangor Leave to be absent.

Ordered, That the Lord Bishop of Bangor hath Leave to be absent from this House until Tuesday next.

Message from the H. C. with the Charge against the impeached Bishops.

A Message was brought from the House of Commons, by Mr. Serjeant Wylde; who said, "That whereas lately he brought up from the House of Commons an Impeachment against Walter Bishop of Winton, Robert Bishop of Coventry and Litchfeild, Godfry Bishop of Glouc. Joseph Bishop of Exon, John Bishop of Asaph, William Bishop of Bath and Wells, Georg Bishop of Hereford, Mathew Bishop of Ely, Robert Bishop of Bristoll, William Bishop of Bangor, John Bishop of Rochester, John Bishop of Peterburgh, Morgan Bishop of Landaffe, William Laud Archbishop of Cant. That they, with others of the Clergy of the Province of Cant. at the Convocation, or Synod, at London, 1640, did contrive, make, and promulge, several Constitutions and Canons Ecclesiastical, containing in them divers Matters contrary to the King's Prerogative, to the fundamental Laws and Statutes of this Realm, the Rights of Parliament, the Propriety and Liberty of the Subject, and Matters tending to Sedition, and of dangerous Consequence, and did, at the same Synod, grant a Benevolence, or Contribution, to His Majesty, to be paid by the Clergy of the said Province, contrary to Law; which said Canons and Constitutions and Benevolence were accordingly put in Execution, to the great Oppression of the Clergy, and other His Majesty's Subjects, in Contempt of the King and Laws of this Kingdom: For which said Crimes and Misdemeanors he did, in the Name of the House of Commons assembled in Parliament, and in the Name of all the Commons of England, impeach the aforesaid Bishops, and doth now aver the same Impeachment to be true; and declared, That he was commanded from the House of Commons to present to their Lordships Two Books, made by the aforesaid Bishops, One intituled, Constitutions and Canons Ecclesiastical; the other, A Grant of the Benevolence or Contribution to His Majesty, &c. which Two Books contain in them Matters contrary to the King's Prerogative, to the fundamental Laws and Statutes of this Realm, the Rights of Parliament, the Proprieties and Liberty of the Subject, and Matters tending to Sedition, and of dangerous Consequence; for which he doth now impeach the aforesaid Bishops of Crimes and Misdemeanors, and desireth they may be forthwith put to their Answers, in the Presence of the Commons now assembled in Parliament; and that such further Proceedings may be had therein as shall be agreeable to Law and Justice."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 14^m diem instantis Augusti, hora nona, Dominis sic decernentibus.