House of Lords Journal Volume 4: 17 August 1641

DIE Martis, videlicet, 17 die Augusti.

PRAYERS.

The Queen's Answer, about the Capuchin at Denmark, House.

The Earl of Dorsett signified to the House, "That he hath waited on the Queen, and hath acquainted Her Majesty with the humble Desire of this House, touching the restraining of the Capuchin Friars in Somersett House, from tampering and withdrawing the King's People. Her Majesty says, it is much against Her Will that they have gone abroad, or have endeavoured to pervert any from their Religion; and Her Majesty also is very unwilling that any English People should resort there to Chapel; but Her Majesty will give Order to prevent these for the (fn. 1) future." And the Earl of Dorsett said, "He would obey their Lordships Command, and send for the Chief of the Capuchins, and give him a strict Command not to suffer any of the Friars to go abroad, nor any English People to come thither, or to hear Mass there."

Mr. Smart versus Dr. Cosens, & al.

Ordered, That the Cause of Mr. Smarte, against Dr. Cosens and others, shall be deferred until the Second Thursday after Allbollantide; at which Time this House will proceed further in the said Cause.

Ld. Herbert's Lands intrusted to Sir Geo. Ratcliff, &c. to be assigned over.

Ordered, That Sir George Radcliffe and Sir Phillip Manwaringe, being intrusted by Edward Lord Herbert and Richard Herbert, Esquire, his Lordship's Son, for the passing of an Estate of Lands in Ireland, being now in the Possession of the said Lord Herbert; it is Ordered, That the said Lands shall be passed over by the said Sir George Radcliffe unto such Persons as the said Lord Herbert shall nominate, and under such Trusts as are expressed in the Conveyance unto him, and to no other.

Eckins relieved from a Decree in the High Commission Court, and Damages granted him.

Upon Report from the Lords Committees for Petitions, That John Eckins hath been sentenced and sined in the High Commission Court, by several Commissioners, who had no Power in that Court to fine, having no Cognizance of this Cause;" which being contrary to the Laws of this Land, and the Liberty of the Subject, it is thought fit, and so Ordered by this House, That the said Commissioners as are now living, videlicet, the Lord Archbishop of Cant. Dr. Aylett, Dr. Wood, Dr. Gwyn, Sir John Lambe, Sir Henry Marten, Dr. Balcanquall, and the Lord Bishop of London, shall forthwith pay, or cause to be paid, by Way of Damages, unto the said John Eckins, or his Assigns, the full Sum of One Hundred and Twenty Pounds of lawful Money of England, the said Eckins having spent in this Cause Eight Hundred Pounds, which said Sum of One Hundred and Twenty Pounds is to be proportionably paid by the aforesaid Commissioners, by Fifteen Pounds a-piece, unto the said Eckins, or his Assigns, as aforesaid; and hereof they are to take Notice, and perform this Order accordingly.

Commission of Ld. Lieut. of the South.

The Lord Chamberlain desired, "That, seeing the King had been pleased to bestow the Favour upon him, as to make him, in His Majesty's Absence in Scotland, Captain General of the South by Commission, that there may be some Course taken how the said Commission may take Effect, and he enabled to perform what is required from him when Occasion serves, both for levying of Men, and raising of Monies, and resisting of Invasions if any should be; therefore he made (fn. 2) it his humble Request, that some Order and Rule may be given herein, That so he might execute the Commission for the Good of the Kingdom:" Hereupon it is Ordered, To have a Conference with the House of Commons, concerning this Particular, at Three a Clock this Afternoon.

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

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

To let them know, That this House intends to sit this Afternoon, at Three a Clock; and to desire them to sit likewise.

Committee for Gunpowder.

Ordered, That the Committee for Gunpowder do meet To-morrow Morning, at Eight a Clock; and the Parties that should attend are to have Notice thereof.

Votes about the Impeached Bishops sitting in the House.

Then was read the Impeachment brought up from the House of Commons against the Thirteen Bishops; and the House fell into Debate what Time they should have to answer; and whether, in this Debate, they should be present in this House. And it was Resolved, upon the Question, That the Lords the Bishops that are impeached may sit in the House without Voting, when it is in Debate whether they shall have further Time to answer or not.

Resolved, upon the Question, That such of the Bishops that are impeached shall not sit here in this House, when the Merits of the Cause is in Debate.

Also it was the Resolution of this House, That, when the disposing of the Manner of the Proceedings of the Cause is in Debate, the Bishops may sit in this House, but not vote.

The Messengers return with this Answer from the House of Commons:

Answer from the H.C.

That they will sit this Afternoon, as is desired.

Saul to be released upon Bail.

Ordered, That Thomas Saul shall be released from the Custody of the Gentleman Usher, putting in Security to appear in this House upon Notice given.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Convoy of 20000 l. to the King's Army.

Ordered, That there issue out the same Order as formerly was granted by this House, for the safe Convoying of Twenty Thousand Pounds to the King's Army.

Then a Letter, drawn up by the Committees of both Houses, was presented to this House, and read, in hæc verba: videlicet,

Letter to the Ld. General.

"May it please your Excellency,

"I am commanded, by the House of Peers, to give your Lordship many Thanks, not only for your great Care daily expressed of the Army, but for your no less Vigilancy over the present distracted Estate of this Kingdom; particularly for the Account given by your Excellency to my Lord Chamberlain of the Doubts conceived by your Lordship concerning it; and we hope that, if the Causes of those Doubts shall increase, that your Excellency will likewise increase both your Vigilancy to discover, and your Industry to inform us of all such Proceedings as may concern us to be made acquainted with, for the public Good. I am likewise to acquaint your Excellency, that, to prevent all Inconveniencies and Dangers that may happen (of which we find your Lordship to have already so quick and just Sense), both Houses have joined, to secure Hull as a Place of great Importance (especially by reason of the Magazine), and upon (fn. 3) which ill-affected Persons may most readily have some Design; and, in Pursuance of that Resolution, your Lordship will receive Orders from the House of Commons; and I am to deliver your Lordship those of the House of Peers, That your Lordship command the Mayor of Hull, in the Name of both Houses, to use all possible Care to secure the Town committed to his Charge, and not to suffer the Arms and Ammunition in that Magazine to be disposed of without the Orders of both Houses. I shall trouble your Lordship no further, but only to desire your Excellency to continue your (fn. 4) Speed in disbanding of the Army in the Method already ordered, which (till it be effected, as we are confident it will be so soon as your Lordship can bring it to pass) I am commanded to make a Part of every Letter which I shall direct to your Excellency.

"Your Excellency's humble Servant, Ed. Littleton, C. S."

This Letter, being read and approved, the Lord Keeper is Ordered to send it, as from this House, to the Lord General.

After this, the House was adjourned into a Committee during Pleasure, to consider what Time (fn. 5) is fit to be given to the Bishops that are impeached to make their Answers.

Time for the Impeached Bishops to Answer.

The House being resumed; it is Ordered, That the Lords the Bishops that are impeached by the House of Commons are to make their Answers thereunto on Thursday come Month, videlicet, on the 16th Day of September next.

Bishops of Bristol and Exon Leave to be absent.

Ordered, That the Bishops of Exon and Bristoll have Leave to go into their own Dioceses, upon their Occasions.

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

Message from the H. C. for a Conference about the Defence of the Kingdom.

To let them know, that this House hath consented to the Letter which is to be sent to the Lord General; and to desire a Free Conference, by a Committee of both Houses, presently, if it may stand with their Conveniency, concerning the Defence of the Kingdom.

The Lord Chamberlain is to deliver, at this Conference, what he desired this Morning, concerning his Commission of Captain General.

E. of Pembroke Leave to be absent.

Ordered, That the Earl of Pembrooke hath Leave to go into the Country, for his Health.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C.

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

Conference about the Defence of the Kingdom reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Chamberlain reported, That he had delivered at the Conference what he was directed by this House."

Bishop of St. Asaph Leave to be absent.

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

A Message was brought from the House of Commons, by Sir Wm Lewis:

Message from the H. C. for a Conference about restraining Recusants.

To desire a Conference, by a Committee of both Houses, so soon as may stand with their Lordships Conveniency, touching the restraining of Recusants.

The Answer hereunto returned was:

Answer.

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

The Lord Viscount Say & Seale, the Bishop of Lincolne, and the Lord Kymbolton, were appointed to report this Conference.

Ld. North Leave to be absent.

Ordered, That the Lord North hath Leave to go into the Country.

Ld. Mayor, &c. of London and the Commonalty.

Ordered, That these Lords following are to be added to the Committee for composing the Differences between the Lord Mayor of London and the Commonalty: videlicet,

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and it being now late, it is Ordered, That the Report of this Conference be deferred until To-morrow Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 18^m diem instantis Augusti, hora 9^a, Dominis sic decernentibus.