House of Lords Journal Volume 4: 24 August 1641

DIE Martis, videlicet, 24 die Augusti.

PRAYERS.

Eckins Damages from Sir Jo. Lambe.

Ordered, That Sir John Lambe shall have Three Weeks Time for (fn. 1) the Payment of the Fifteen Pounds to Eckins.

Message from the King, about levying Soldiers for Spain.

The Lord Keeper signified to this House, "That His Majesty hath commanded Mr. Nicholas, the Clerk of the Council, to let their Lordships know, That His Majesty is so far now engaged to the Spanish Ambassador for Four Regiments of Irish, that His Majesty cannot go back now; and that it was assured His Majesty, before he went from London, that both Houses are content, only it wanted the Formality of Voting: Whereupon His Majesty gave an absolute Order, for the levying and transporting of those Men, and reiterated His Majesty's Promises to the Ambassador. Wherefore His Majesty would have the Houses acquainted herewith, that those Levies may not be stopped."

To be communicated to the H. C.

It was Resolved, That this Paper should be conveyed to the House of Commons, at a Conference.

Letter from the Lord General, about disbanding the Army.

Then was read a Letter, which the Lord Chamberlain received from the Lord General, concerning the disbanding of the Army; and this House gave him Leave to communicate it to the House of Commons.

Letters about disbanding the Army, and the Ammunition at Berwick.

(fn. 2) Likewise Two other Letters were read, sent from the Lord General to the Lord Keeper, concerning the disbanding of the Army, and removing the Ordnance and Ammunition from the Garrison of Barwicke.

Then 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 these Businesses.

To desire a Conference, by a Committee of both Houses,

"1. Touching a Paper delivered by Mr. Nicholas, concerning the levying and transporting of Two Regiments of Soldiers in Ireland for the Service of the Spaniard.

"2. Touching Letters concerning the removing of the Ordnance and Ammunition from the Garrison at Barwicke.

And Recusants protected by the Queen.

"3. To let them know, That their Lordships have given Order, That a List be made of the Queen's Priests, and other Her Servants as are Recusants."

The Lord Privy Seal,
Comes Warwicke,
Bishop of Lincolne,
The Lord Wharton,

Were appointed to deliver the aforesaid Particulars at this Conference.

Jaye, Snape, and Gibbs's Cause.

Ordered, That the Lord Chief Justice of the King's Bench, Baron Trevor, Justice Reeves, and Justice Heath, or any Two of them, do examine the Business between Mr. Gibbs, Mr. Snape, and Mr. Jaye, and the Commission to be absolutely set aside; and, after the Hearing on both Sides, to make Certificate thereof to this House.

Sir George Ratcliffe, touching Sir Richard Osbaston's Estate.

Ordered, That Sir George Radcliffe be brought by his Keeper to this House, presently, to shew Cause why he will not seal the Deeds concerning the transferring over the Estate of Sir Richard Osbaston to Mr. Marten and Mr. Foulis, according to the Order of this House.

Committee for Gunpowder.

Ordered, That the Committee for making good Gunpowder do meet To-morrow Morning, at Eight a Clock.

Scandalous Ballads against the Queen-mother.

Printer sent for.

Upon Complaint made to this House, "That there are scandalous Ballads made of the Departure of the Queen Mother;" it is Ordered, That Francis Grove, the Printer of the said Ballads, shall be sent for as a Delinquent, to answer the same in this House.

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

Answer from the H. C.

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

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Earl of Warwicke reported, "That he had delivered at the Conference what he was commanded by this House."

A Message was brought from the House of Commons, by Sir John Potts, Baronet:

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

To let their Lordships know, that the House of Commons intends to sit this Afternoon, about some important Business; and they desire this House to sit likewise.

The Answer hereunto returned is:

Answer.

That their Lordships resolve to sit this Afternoon, at Four a Clock.

Sir George Ratcliffe and Sir Richard Osbaston.

Upon hearing Sir George Radcliffe this Day at the Bar, concerning the Trust for the Real and Personal Estate of Sir Richard Osbaston, deceased, and the Counsel on the Part of Sir William Osbaston (Son of the said Sir Richard) and Edward Hutchinson and Frances his Wife, Daughter of the said Sir Richard Osbaston, on the other Part; it is Ordered, That the Deeds and Conveyances formerly prepared, by which the Real and Personal Estate of the said Sir Richard Osbaston is to be conveyed from the said Sir George Radcliffe and Sir Gherrard Lowther, unto Henry Marten and Henry Foulis, Esquires (according to former Orders of this House), shall be perused and considered of by His Majesty's Solicitor General; and afterwards the same, if he approve thereof (and if he do not approve thereof, then such others as he shall approve of), shall without Delay be signed, sealed, and executed, by the said Sir Geo. Radcliffe and Sir Gherrard Lowther respectively, as by Order hath been directed, notwithstanding that the said Mr. Foules hath not yet entered into the Recognizance in the same Order directed; of all which Deeds and Conveyances the said Sir George Radcliffe is to have Counterparts, so soon after the executing the said Deeds as the same Counterparts may be sealed and delivered by them the said Mr. Marten and Mr. Foulis (the said Mr. Foulis being now in the North); and the said Sir George shall have Copies of the Condition of the Recognizance that the said Mr. Marten hath entered into, and also of that which the said Mr. Foulis is to enter into, to make good the Estate of the said Sir Edward Osbaston so to be conveyed over unto him as aforesaid: And it is further Ordered, That the said Sir George Radcliffe shall give Security, in his own Name, by Way of Recognizance, in the Sum of Four Thousand Pounds unto His Majesty, before Sir Robert Rich, one of the Masters of the Chancery, to secure the Three Thousand Pounds which is to be remaining in his Hands for the Benefit of the Lady Osbaston, the Relict of the said Sir Richard; and to pay, after the Death of the said Lady, the said Sum of Three Thousand Pounds unto the said William Osbaston, or such other to whom the same shall then belong, according to the true Meaning of the last Will and Testament of the said Sir Richard: And it is also Ordered, That the said Henry Foulis shall, as soon as conveniently may be, enter into a Recognizance, according to the said former Order: And lastly it is Ordered, That, if the Parties intrusted, and that (fn. 3) gave Security for the Estate, or either of them, shall die or fail, that then the Parties interested in the Estate shall resort unto this House for further Security, which will do therein according to that which shall be just and fit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 4^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Title of the Prayer for Deliverance from the Gunpowder Plot.

Ordered, That the Title before the Prayer for the Deliverance from the Gunpowder Plot shall be altered, and printed hereafter in bæc verba: videlicet, "A Thanksgiving for the Delivery from the Gunpowder Treason." And the Printer is to be sent for, to appear before this House, to be asked, how this Title that is now prefixed; videlicet, "A Thanksgiving for Peace and Victory," came to be introduced.

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

Message from the H. C. for a Conference, about disbanding the Army.

To desire a present Conference, by a Committee of both Houses, concerning the speedy sending down Monies to disband the King's Army.

The Answer returned was:

Answer.

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

The Lord Privy Seal,
The Earl of Warwicke, and
The Bishop of Lincolne,

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 House was resumed; and the Lord Privy Seal reported, "That the House of Commons takes Care for the speedy disbanding of the King's Army; to that Purpose, have made an Ordinance of Parliament, for the speedy Payment in of the Poll-money in Eight several Counties, in which the House of Commons desires that their Lordships would be pleased to join with them.

The Ordinance of Parliament was read; and this House agreed to join with the House of Commons in it.

Ordinance of Parliament for paying Money at York, &c.

"An Order of the Lords and Commons in Parliament, concerning the more speedy Transportation of Poll-money to Yorke, for disbanding of His Majesty's Army.

Whereas it is enacted, That the Sheriffs of the Counties and Cities hereafter named shall, amongst others, pay such Sums of Money as they shall receive for Poll-money, (fn. 3) to the Treasurer in the Act named, in the Chamberlain's Office, within the City of London:

"Now, forasmuch as their long Delay and slow Payment is very burdensome and dangerous to the Kingdom, because the King's Army in the North by this Means remains undisbanded, to the insupportable Charge of the Commonwealth:

"For the more speedy Relief of the Kingdom, the Lords and Commons in this Parliament assembled do hereby Order and Ordain, That the several Sheriffs of Worcester, Cambridge, Huntingdon, Leycester, Northampton, Rutland, Warwicke, and of the Cities that are Counties within those Countries, and every of them respectively, shall forthwith, upon Notice of this Order, send such Monies now in their Hands, or shall come to his Hands, or any of their Hands respectively, or to the Hands of his Under-sheriff or Deputy, or to the Hands of any of their Under-sheriffs or Deputies respectively, under a sufficient Guard and Convoy, to the City of Yorke, to pay the same to Sir Wm. Udall, Knight, Treasurer of His Majesty's Army, now there residing, taking his Acquittance for the same, which Acquittance the said several Sheriffs respectively shall send to the Chamber of London; and that the Treasurer in the Act named shall accept of the same as if so much Money were paid in Specie, and shall deliver an Acquittance or Acquittances for the same, which shall be as sufficient a Discharge to the said several Sheriffs as if the Money had been paid there.

"And the said Treasurer of the Army is hereby required, that he shall, as speedily as he may after the Receipt of any such Sums from any of the Sheriffs aforementioned, send up to the said Treasurer of the Chamber of London present and distinct Certificates of the same.

"It is further Ordered, That the several Sheriffs of the Counties through which these Monies do pass shall provide a sufficient Convoy, to guard the same through the several Counties; and that the Sheriffs under whose Charge the Money is, shall have Allowance for Transportation thereof in their several Accompts.

"Lastly it is Ordered, That a strict Account be taken of the Proceedings of the several Sheriffs, as also the Treasurer appointed by the Act, and of their Obedience and Conformity to this Order. And, if any shall fail herein, it shall be interpreted as a great Neglect of the Safety of the Kingdom, and Contempt of both Houses of Parliament, for which they shall be called to answer, and make Satisfaction, as well for their Offence, as for such Damage as the Commonwealth hath undergone by their Default."

Sent to H. C.

Ordered, That this Ordinance be conveyed to the House of Commons, to be ingrossed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 25^m diem instantis Augusti, hora 9^a, Dominis sic decernentibus.