House of Lords Journal Volume 4: 13 December 1641

DIE Lunæ, videlicet, 13 die Decembris.

PRAYERS.

Sir John Blagrave's Bill.

Hodie 1^a vice lecta est Billa, An Act to enable Sir John Blagrave, Knight, to make a Jointure to his now Wife, and to any Wife he shall hereafter marry, of such Manors, Lands, and Tenements, as were heretofore assured for the Jointure of his former Wife.

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

Message from the H. C. for a Conference concerning the Impeachment against the Bishops.

To let their Lordships know, that the House of Commons is now ready to give a Free Conference, touching the Impeachment of the Bishops.

The Answer returned was:

Answer.

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

Message from the H. C. for a Conference about the Treaty with the Scots, concerning the Irish Affairs. Answer.

A Message was brought from the House of Commons, by Sir Gilbert Gherrard, Baronet:

To desire a Free Conference, by a Committee of both Houses, touching the Treaty with the Scotts Commissioners, for the Business of Ireland.

The Answer returned was:

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

The Matter of this Conference with the House of Commons was:

Heads for the Conference about the impeached Bishops.

"To let them know, that this House having Ordered the Thirteen Bishops to make Answers to their Impeachment, or whether they will abide by their Plea and Demurrer, the Bishops are resolved to adhere to their former Plea and Demurrer; only they have waved One Branch of their Demurrer, which was to the Generality of the Charge, which appears to be particular; upon this, their Lordships did Order, That, on this Day, they should be heard, by their Counsel, touching the maintaining of their Plea and Demurrer; and that the House of Commons, or such Members as they think * fit, might be present, if they please.

"And further to know of the House of Commons, whether the Impeachment of the 13th of August last came as the Resolution of the House of Commons, to be the Impeachment against the Thirteen Bishops, or from a Committee."

Conference reported.

Next the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Keeper reported the Conference, which consisted of Two several Particulars:

"1. He said, he acquainted the House of Commons concerning the Plea and Demurrer of the Bishops, as he was directed; and the House of Commons do avow the Impeachment of the 13th of August against the Thirteen Bishops to be the Resolution of the whole House, and voted by them to be the Charge.

Treaty between the Scotch and English Commissioners, about Assistance for Ireland.

"The other Particular of the Conference was, to let their Lordships know, That the English Commissioners have met with the Scotts Commissioners, and have shewed them Two Orders from each House of Parliament, enabling them to treat about Ten Thousand to be sent into Ireland, both dated the 11th of this Instant December. The Order of the House of Commons was, That they do approve and consent that His Majesty's Commissioners, named by the Parliament, and appointed to treat with the Scotts Commissioners, shall treat with them for the raising of Ten Thousand Scotts, for the Occasions of Ireland.

"But, for that there was a Clause in the Lords Order, to desire the Scottish Commissioners to write to Scotland, for Power to treat for a lesser Number if the King and Parliament thought fit, the Scotts Commissioners Desire was, that both Houses would agree of One Order, and likewise of the Number of Men they desire; and then, they would give a satisfactory Answer.

"The House of Commons say, they are willing to pay the Men, and desire the Restriction of the Clause in their Lordships Order may be taken off, and that both Houses may join in One Order."

Message from the H. C. for a Conference about the condemned Priests.

Next, a Message was brought from the House of Commons, by Mr. Cary:

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

The Answer hereunto returned was:

Answer.

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

Conference reported.

This House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Keeper reported the Effect of the Conference; which was concerning "the Request made by the French Ambassador to the King, for the reprieving and banishing the Seven Priests that were condemned at the Sessions in London.

The House of Commons say, "They have taken the Proposition into their Consideration; and their humble Advice to the King is, That Execution may be done, according to Law, upon Five of the Seven Priests; videlicet, upon Hamond, Rivers alias Abbott, Walter Coleman alias Colmer, Francis Torman alias Winmore, and one Frier. And the House of Commons desires that their Lordships would join with them in this Advice to His Majesty."

Further Conference to be had concerning them.

For Debate hereof, the House was put into a Committee during Pleasure; and, after Consideration hereof, the House was resumed; and it was Resolved, To have a Conference with the House of Commons, to know what Reasons induced them to be of Opinion that Five should be executed, and Two of the Priests saved.

Message to the H. C. for it.

To this Purpose a Message was sent to the House of Commons, by Serjeant Fynch and Serjeant Glanvile:

To desire a Conference, by a Committee of both Houses, touching the Seven Priests.

The Answer hereunto returned was:

Answer.

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

A Message was brought from the House of Commons, by Sir John Clattworthy, Knight:

Message from the H. C. for a Conference about the Affairs of Ireland.

To desire a Free Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the Affairs of Ireland.

The Answer was:

Answer.

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

Bill for pressing Soldiers.

Ordered, That the King's Counsel shall be heard the First Cause To-morrow, concerning the Bill for pressing of Soldiers.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Report of the Conference from the House of Commons was appointed to be made To-morrow.

Conference concerning the Treaty with the Scotch Commissioners about the Irish Affairs debated.

After this, the House was adjourned into a Committee during Pleasure, to debate the Conference with the House of Commons this Day, touching the Treaty with the Scotts Commissioners; and the Earl of Bedford, one of the Lords Commissioners, declared to the House, "That the Scotts Commissioners desired that both Houses would agree upon One Order, and likewise what Number of Men they desired; and then they would give a satisfactory Answer."

Commissioners to treat for Ten Thousand Scots for Ireland.

And, after much Debate, the House was resumed; and it is Ordered, That this House doth approve and consent with the House of Commons, that the English Commissioners shall treat with the Scotts Commissioners, for the raising of Ten Thousand Scotts, for the Occasions of Irelande.

Inigo Jones's Counsel.

Ordered, That Mr. Chute and Mr. Trevor are assigned to be of Counsel with Inigo Jones, Esquire, in his Defence to the Declaration brought up against him from the House of Commons.

Three Irish Soldiers stopped at Holy Head, on Suspicion, to be examined on the Spot.

Whereas the House was this Day informed, "That there are Three Irish Soldiers at Holy Head, in the Isle of Anglesey, who are stayed there upon Suspicion of something touching the present Rebellion in Ireland, or for their endeavouring of going over thither;" it is (fn. 1) Ordered, etc. That the Vice Admiral, and the next Justice of Peace to the Place where they are, shall examine the said Three Persons; upon which Examinations, they shall either send them up to the Lords in Parliament, or otherwise release them, if they shall think fit.

Bailiswick of Surrey in Windsor Forest.

Whereas the House was this Day informed, "That Commissioners touching the Bailifwick of Surrey are to meet on Thursday the 16th of this Instant December, to enquire of and find out the Bounds of the Bailifwick of Surrey, in His Majesty's Forest of Windsor, as they were used and taken in the 20th Year of King James;" and it was likewise informed, That some Questions hath been made whether the Enquiry what the Bounds of the said Bailifwick are in Right, as well what and how the same were used in the said 20th Year, this House hath now in Consideration, and it is intended that some speedy Declaration will be made by the Parliament of and concerning the same, and the Intention of the said Statute:" Whereupon it is thought fit, and so Ordered by the Lords in Parliament, That the said Commissioners shall, at their said Meeting, adjourn without any further Proceeding unto some Day, that the said Commissioners shall think fit, after the 6th Day of January next ensuing; and it is further Ordered, That, between this and the said Meeting, His Majesty shall receive no Prejudice touching or any Ways concerning the said Forest and the Bounds thereof, nor in His Majesty's Deer in the said Forest, or belonging unto the same; and that public Declaration be made thereof in all such Places, and to all such Persons to whom the Business doth appertain, or hath Relation unto.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 14^m diem instantis Decembris, 1641, hora 1^a post meridiem, Dominis sic decernentibus.