House of Lords Journal Volume 4: 20 August 1641

DIE Veneris, videlicet, 20 die Augusti.

PRAYERS.

Sir William Killigrew s Bill.

Ordered, That the Committees for Sir William Killigrewe's Bill concerning the Fens do meet on Monday next, in the Afternoon; and that these Lords be added to the said Committee: videlicet,

Warner versus Armstead.

Ordered, That the Bill of Sale of The St. Jo. Baptist, made by Warnor to Armesteede, shall be deposited in the Custody of the Clerk of the Parliament, there to lie as it should have done in the Earl of Warwicke's Hands, until the Money be paid according to the Order of this House of the 13th of August, 1641.

Ordered, That the Lower Door, which opens into The Old Palace, be opened.

Sir William Middleton versus Bushell.

Upon Report of the Lords Committees for Petitions, it is Ordered, That the Cause between Sir William Middleton, Plaintiff, against the Lord Bishop of London and the Lord Cottington, Tho. Crouch, and Thomas Bushell, Defendants, depending now in Parliament, shall be dismissed to the Common Law; and that the said Mr. Bushell shall appear unto the Action of the said Sir Wm. Middleton, and put in good Bail to answer the Condemnation in the said Suit, if any shall happen to be against him.

Sir Robert Pye to speak with Sir George Ratcliffe.

Ordered, That Sir Robert Pye hath Leave to speak with Sir George Radcliffe in The Gatehouse, about Business.

Hopkins and Barber.

Upon Report from the Lords Committees for Petitions, "That Samuell Hopkins, Clerk, had Two several Orders in Chancery, the one dated the 20th of April, 13 Caroli, the other dated the 6th of May, in the same Year, That the said Hopkins, Vicar of the Parish of Pullophill, in the County of Beddford, should have the Third Part of the Tithes in the said Parish, upon such Agreements as had been made between Tho. Barber the Impropriator there, and the said Hopkins, which since hath not been performed, according to the said Agreement;" it is Ordered, That the said Cause, between the said Hopkins, Plaintiff, and Barber and others, Defendants, is hereby specially recommended to the Lord Keeper; and that his Lordship would be pleased to put the said Orders into speedy Execution, by Sequestration or otherwise, according to the Justice of that Court, the Petitioner being a very poor Man.

Pallavicine versus Meade, etc.

It is Ordered, That the Cause between Tobie Pallavacine, Plaintiff, against Rose Meade, Fuller Meade, etc. Defendants, concerning the Manor of Foxton, shall, by virtue of this Order, be specially recommended to the Lord Keeper, who is hereby desired, that the Accompts between the said Parties be speedily perfected, that the Sale and Assurances of the said Land may be forthwith made, according to Agreement already concluded upon; and that this may be done with all convenient Speed; and lastly, that, if any Disobedience or Refractoriness be found in the Defendants by the said Lord Keeper towards the Performance of this Order, that then his Lordship would be pleased to enjoin their Obedience thereunto, or that Certificate be made unto this House, which will proceed therein as shall be fit.

Enquiry about the Lord General's Letter being printed.

This House being informed, "That a Letter, which was lately communicated to the House of Commons of the Lord General's, concerning the Army, was now published in Print;" upon this the House Resolved, To have a Conference with the House of Commons about it, to find out how it came to be printed.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

Message from the H. C. for a Conference about sending the Commissioners to Scotland.

To desire a Free Conference, by a Committee of both Houses, as soon as it may stand with their Lordships Conveniency, touching the Commissioners that are to be dispatched to His Majesty in Scotland, from both Houses.

The Answer returned was:

Answer.

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

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 the Lord General's Letter being printed.

To desire a Free Conference, by a Committee of both Houses, touching a Letter of the Earl of Holland's, lately communicated to them, which is since printed.

Reporters of the Two Conferences were:

The Lord Privy Seal.
Lord Chamberlain.
Comes Bedford.
Lord Viscount Say & Seale.
Episcopus Lincolne, and The Lord Wharton.

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

Answer.

That they will give a present Meeting, in the Painted Chamber, touching the printed Letter.

Conference about the Commissioners going to Scotland reported.

The House being adjourned during Pleasure, the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported the Effect of this Conference; which was, "That the Members of both Houses are ready for their Journey to Scotland; but the House of Commons hath thought fit (if their Lordships will join with them in it) to send them in the Nature of Committees from both House of Parliament; and, to enable them, they have made an Ordinance of Parliament, with some Instructions annexed, which they are to observe; The Ordinance of Parliament was read as followeth, videlicet,

Ordinance of Parliament for the Commissioners to go into Scotland.

"An Ordinance of Parliament, concerning Committees to be sent to attend the King in Scotland, made and assented to by the Lords and Commons upon the 20th of August, 1641.

"The Lords and Commons, in this present Parliament assembled, do hereby ordain and appoint William Earl of Bedford, Edward Lord Howard, Two Peers of the Lords House, Nathaniell Fynes, Esquire, Sir William Armin, Baronet, Sir Phillip Stapleton, Knight, and John Hampden, Esquire, Members of the House of Commons, to be Committees for both Houses of Parliament, to attend the King's Majesty during His Absence in the Kingdom of Scotland; and do hereby authorize them, or any Three or more of them, from Time to Time, to present to His most excellent Majesty (fn. 1) the humble Desires, Counsel, and Advice, of His Majesty's loyal Subjects the Lords and Commons in Parliament, according to such Instructions and Directions as are hereunto annexed, or that at any Time hereafter, be sent unto them by the Order and Consent of both Houses.

"Instructions.

Their Instructions.

"1. You shall humbly desire His Majesty, that the Treaty agreed upon betwixt the Commissioners of England and Scotland, confirmed and ratified in this present Parliament, may likewise be ratified and confirmed in the Parliament of Scotland.

"2. You shall present to His Majesty the just Demand of any of His loyal Subjects of England, concerning a due Satisfaction to be made of all Debts due to them for Money, Arms, or Provisions, taken up by the Scottish Army.

"3. If you shall understand that the Army of Scotland is not returned back, or the Army of England not disbanded, according to the Articles of the Treaty and Order of Parliament, you shall be very instant and earnest in petitioning His Majesty that all Obstacles and Impediments may be taken away, and the Kingdom be freed from that great Charge and other Mischiefs under which it groans by reason of those Armies.

"4. You shall, by all fit Ways of Petition and Intercession to His Majesty, further and preserve the Peace and good Correspondency between the Two Kingdoms of England and Scotland.

"5. You shall, from Time to Time, certify both Houses of Parliament such Accidents and Occurrences as may concern the Good of this Kingdom."

Ordered, That this House agrees and joins with the House of Commons in the aforesaid Ordinance and Instructions.

Printing the Lord General's Letter.

The Lord Chamberlain reported, "That the House of Commons will return an Answer concerning the Printing of the Earl of Holland's Letter."

Attorney General Leave to be absent.

Ordered, That Mr. Attorney General hath Leave to be absent for Ten Days.

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

The Lord Privy Seal, Lord Marquis of Hertford, Lord Viscount Say & Seale, Lord Bishop of Lincolne, and the Lord Wharton, were appointed to see if they could accommodate the Differences between the Lord Mayor of London and the Commonalty, touching the Election of a Sheriff; and to report the same to this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 21^m instantis Augusti, hora 9^a, Dominis sic decernentibus.