House of Lords Journal Volume 5: 23 September 1642

DIE Veneris, videlicet, 23 Septembris.

PRAYERS.

The Lord Grey de Warke was appointed to be Speaker this Day.

Lord Lieutenant of Ireland gave an Account, that he was dispatched only a few Days ago by the King, desiring a Supply of Money; and that he is ready to go to his Charge.

The Earl of Holland informed this House, "That Yesterday the Lord Lieutenant of Ireland gave the Committee for the Irish Affairs an Account of his being so long at Court; and that there hath not been any Neglect of his Lordship to get his Dispatch, which he received but the Day before (fn. 1) he departed last from the King, which was upon Sunday; and now he is come to the Parliament, to desire them to think of some Means to supply him with Monies, whereby he may discharge his Duty in Ireland; but, if it be their Lordships Pleasure to send him without Money, he will be ready to go whensoever he shall be commanded, at as short Warning as they shall please, rather than that Kingdom should any ways be prejudiced: This he left to their Lordships Resolution."

And after this the Lord Lieutenant expressed the same.

And because this House conceived this to be a Business of that great Importance, as concerning the Wellbeing of (fn. 1) that Kingdom, this House thought if fit to have a Conference with the House of Commons, to recommend unto them, that they would think of some Course, (fn. 2) how the Lord Lieutenant may be furnished with such a Supply of Money, as he may be enabled to do such Service, for the Good and Safety of that Kingdom, and Encouragement of the Soldiers that are there, as may be expected from him.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

Message to the H. C. for a Conference about it.

To desire a present Conference, by a Committee of both Houses, touching the Lord Lieutenant's Journey into Ireland.

The Lord Lieutenant is to speak at this Conference what his Lordship said here this Day: And the Earl of Holland to express the Sense of this House upon it.

Sir George Clark's, Sheriff of London, Petition, to know how he is to dispose of Judge Berkley when his Shrievalty expires.

The Petition of Sir George Clarke, Knight, One of the Sheriffs of the City of London, was read; shewing, "Whereas Sir Rob't Berkeley, Knight, One of the Judges of His Majesty's Court of King's Bench, was, on the 12th of February, 1640, committed by your Lordships to the Custody of Jo. Towse, Alderman, and then One of the Sheriffs of London:

"And whereas Alderman Towse being, on the 28th of September, 1641, to go out of his Office of Sheriff, the said Sir Rob't Berkly was, by your Lordships Order, transferred over to the Custody of your Petitioner, being then to succeed in the said Office.

"Your Petitioner's Time of Shrievalty is to expire on the 28th of this present September, 1642. He most humbly desireth to know your Lordships Pleasure, how he shall dispose of the said Sir Rob't Berkley, at the Time of his going out of his said Office. And, as bound, shall ever pray, &c."

Justice Berkley to remain with him.

Upon this, it is Ordered, That Mr. Justice Berkeley shall remain with Sir George Clarke, Knight, under the same Restraint as now he is.

Lady Hastings versus Mr. Poulton.

Next, the Counsel of both Sides were heard, in the Cause of the Lady Hastings, against Henry Poulton and Francis Poulton.

The Petition was read. (Here enter it.)

The Answer of Mr. Poulton was read. (Here enter it.)

Mr. Chute opened the Particulars of the Petition.

A principal Complaint was, "That Sir Arch. Dowglas was not Compos Mentis, and so not of a disposing Mind."

Mr. Herne offered these Particulars to their Lordships Consideration:

"1. Whether a Femme Covert, in Behalf of another Femme Covert, may be admitted to sue without the Consent of the Husband, he living.

"That this was against the Foundation and Grounds of the Common Law, 19 Ed. I. Wayland's Case in Parliament. All the Judges in England were advised with in this Case, that it was contrary to the Grounds of the Common Law of England."

The Judgement of this House was demanded herein before the further Proceedings.

Mr. Chute replied, "That an Answer (fn. 3) is put in already, and now this Objection comes too late."

Second Case offered was, "Whether it is proper for this House to hear the Trial, whether Sir Archibold Dowlgas be a Non compos Mentis."

Interrupted by a Message, the Counsel and Parties withdrew.

A Message was brought from the House of Commons, by Sir Wm. Armin, Knight and Baronet:

Message from the H. C. for the Lords Concurrence in the following Particulars.

To desire their Lordships Concurrence in these Particulars following:

1. A Declaration for the speedy sending away of the Soldiers of Horse and Foot. (Here enter it.)

Agreed to.

2. That the House of Commons agrees with their Lordships in the Alterations in the Articles with the Scotts, for the sending of Men into Ulster.

(Here enter them.)

3. An Order for the Payment of One Hundred Pounds to Ann Viscountess Baltinglas. (Here enter it.)

Agreed to.

4. To desire Concurrence in the Nomination of Thomas Culpepper, of Stevens, (fn. 4) to be a Deputy Lieutenant for the County of Kent.

Agreed to.

Answer returned:

Answer.

That this House agrees in all the Particulars of this Message.

Lady Slyngsby versus Sir F. Fortescue.

Ordered, upon the Petition of the Lady (fn. 5) Slyngsby, That Sir Faithfull Fortescue shall put in his (fn. 6) Answer to the Lady (fn. 5) Slyngsby's Bill in the Chancery, before he depart this Town.

A Message was brought up from the House of Commons, by Sir Henry Mildmay, Knight:

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

That, in regard of some weighty and (fn. 7) important Business, the House of Commons have resolved to fit this Afternoon; and they desire this House to fit likewise.

Ordered, That this House shall fit this Afternoon, at Four a Clock.

Answer.

The Answer was returned as abovesaid.

Countess of Newport, a Pass to France.

Ordered, That the Countess of Newport shall have a Pass, to travel into France, with her Coach and Six Horses, and Twelve Servants.

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

Answer from the H. C.

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

The Lords went to the Conference.

Order to send the Soldiers to the Rendevouz.

"Whereas divers Regiments of Foot and Troops of Horse have long since been listed, in the Army raised by the Parliament, for the Defence of the King and Kingdom, under the Command of Robert Earl of Essex, of which some are not marched away to the Rendezvous according to their Duty, and others are not of sitting Numbers for Service, yet all receive Pay, to the great Charge of the Kingdom, and, by this their Neglect, do great Prejudice to the Public Cause, in which Religion, Law, and Liberty, are so much concerned: It is therefore Ordained, and Declared, by the Lords and Commons in Parliament assembled, That such Regiments of Foot as consist of Four Hundred Men or more, and Troops of Horse as consist of Forty or more, shall, within Forty-eight Hours after Publication hereof, march toward the Place where they shall understand the Lord General to be, except by special Order they be directed to any other Place; and they shall not stay by the Way longer than for their necessary Refreshment.

"And such Regiments or Troops as shall fail herein, or shall not consist of such Number as is before specified, that is to say, a Regiment of Foot of Four Hundred, and a Troop of Horse of Forty, shall be cashiered, and also liable to such further Punishment as, upon Examination of the Cause of their Failing and Neglect, shall be found that they have deserved; and the Common Soldiers of such Regiment, or Troop, so cashiered, shall be disposed of, for the filling up and recruiting of others.

"Yet, in regard the Captains of some Regiments, which have not the Number of Four Hundred, may have been careful to raise and compleat their own Companies, and that there is no Reason they should suffer for the Default of others, either the Colonel or other Captains that have not been so careful: It is thought fit, That such Captain of any Regiment now to be cashiered as shall have his Company compleat, (fn. 8) shall be continued in his Entertainment, together with his Company, and shall march unto the Place where the Lord General shall be, to be disposed of by him in any other Regiment, or otherwise employed as his Lordship shall think fit.

"And it is further Declared, That the Regiments of Colonel Essex and Colonel Ballard shall not be understood to be within this Order, in regard both those Colonels have been, and yet are, employed in the Service of the State, and their Absence may be a Cause that their Regiments are not in that Forwardness that otherwise they would have been; but they are hereby enjoined, with all possible Speed, to march unto the Army."

"Die Veneris, 23 Septembris, 1642.

Order for 100 l. to Lady Baltinglas.

"Upon the humble Petition (this Day read in the House of Commons) of Anne Viscountess Baltinglasse: It is Ordered (upon the Question), by the said House, That the Receivers of the Contribution-money for Ireland shall pay unto the said Lady Baltinglasse the Sum of One Hundred Pounds, out of the Monies that comes in upon the said Contributions, next after that the Sum of Three Thousand Pounds shall be come in, formerly Ordered to be sent into Ireland, for Relief of the Poor there.

"H. Elsynge, Cler. Parl. Dom. Com."

"Die Sabbati, 6 Augusti, 1642.

Amendments in the Scots Treaty, for sending Men to Ulster.

"To the Amendments in the Third Article and Tenth Article, the Lords do agree; and that the Words ["and Parliament of England"] in the Sixth Article shall stand.

"In the Twelfth Article, the Words ["and Parliament of England"] to stand; and the Words ["His Majesty"] shall stand, with this Addition ["and both Houses of Parliament"].

"The Words ["His Majesty"] shall stand, with these Words ["and them"] added.

"And the Amendments in the Twelfth Article are agreed to, so the Thirteenth Article passed, and these Words added in the Twelfth Article ["and both Houses of Parliament"].

"Die Sabbati, 6 Augusti, 1642.

"It is provided and agreed, That, at any Time after the Three Months now agreed upon for the Entertainment of the Scotts Army shall be expired, and that the Two Houses of Parliament, or such Persons as shall be authorized by them, shall give Notice to the Council of Scotland, or the Lord Chancellor there, that, after One Month from such Notice given, the said Two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer, then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer than during the said Month, any Thing in this Treaty contained to the contrary notwithstanding."

Adjourn.

(fn. 9) The House is adjourned till Four a Clock this Afternoon.

[ (fn. 10) Post meridiem.]

PRAYERS.

The Lord Grey de Warke is appointed to be Speaker this Day.

Delinquents sent for, for not restoring Civet's Goods.

The Persons that were sent for, for disobeying the Order of this House, for not delivering the Goods which were taken from Mr. Civett:

Tho. Pitt, James Wheeler, Jo. Snape, George Plumpton, Tho. Battin, Jo. Lyvinge, and Tho. Punter.

Their Petition was read; shewing, "That, Mr. Civett's House being plundered by the Soldiers, they bought the Goods of the said Civett."

To restore them, and pay Fees.

Ordered, That they shall restore the Goods, pay Fees, and then be released.

Mountague's Complaint of not having his Goods restored according to Order.

Upon reading the Petition of Barth. Mountegue, complaining, "That one Mr. Vause refused to deliver to him his Goods which were taken from him; and the Order was slighted; saying, it was no perfect Order."

Mr. Voyce said, "According to an Order of the Lords and the House of Commons, to give him Power to disarm Recusants, he disarmed Mr. Mountegue, and took away Nine Swords and other Things from him, and gave him a Note of them, and he carried them to Yeildhall; but he denied that he slighted the Order."

To be restored.

They withdrew, and the House took the Cause into Consideration; and Ordered, That the Goods shall be restored to Mr. Mountague, in whose Hands soever they are; and Mr. Voyce to be released.

Message from the H. C. with the Declaration to The States General;

A Message was brought from the House of Commons, by Mr. Pym; who brought up a Draught of a Declaration, which is to be sent to Mr. Strickeland, to be presented to The States of Holland, for the Respects they shewed to this State; together with an Order to authorize Mr. Strickland to present it.

They desire their Lordships Concurrence herein.

and for the Convent of Capuchirs at Denmark House to be dissolved.

2. The House of Commons renews a former Desire to this House, That the Capuchins at Denmarke House may be removed and sent away, and the Convent dissolved and demolished.

This House will take this into further Consideration.

The Declaration was read; and agreed to.

(Here enter it.)

Mr. Strickland to present the Declaration to The States General.

Ordered, That this Declaration be sent to Mr. Strickland; and that he be hereby authorized and directed to present the same, from both Houses of Parliament, to The States of the Province of Holland.

The Answer returned to the Messengers was:

Answer to the H. C.

That this House agrees in the Declaration to be sent to Holland; but will send them an Answer, by Messengers of their own, concerning the Capuchins.

The Declaration of both Houses sent to The States of Holland.

"We, the Lords and Commons assembled in the Parliament in England, do, with much Contentment, take Notice of the good Affections expressed by the Lords The States of the Province of Holland to the Peace of this Nation, and to increase and confirm the Union betwixt this Kingdom and the High and Mighty Lords The States General of the United Provinces, according to the Desires of the Parliament, expressed in their Declaration lately presented to their Lordships, especially in that Particular which concerns the Restraint of Men, Munition, Arms, and Shipping, endeavoured to be brought from thence, to the Nourishment and Maintenance of the unhappy Differences between the King and His loyal Subjects here, and wherein we understand they have been so friendly and respective as to take away the Pass made to a Ship laden with Ammunition, intended to be sent into England with Prince Rupert, and to stop divers Soldiers which should have been brought over by Captain Lloyd: For all which, we give them hearty Thanks; and hope they will continue the same Care concerning some Ships of War (as we are informed), bought and provided, in His Majesty's Name, to be employed against this Kingdom; and that, if there be any Ships designed for the transporting of the Queen, they will please so to provide that, under that Pretence, no Soldiers or Ammunition be brought over, to our farther Disturbance; which, pray them to be assured, will be taken as a very acceptable Effect of their Love to this Nation, and requited with all friendly Offices, for the Good and Prosperity of that Province, and of all the rest of The United Provinces, which we reckon as a chief Interest of this Kingdom to be procured and defended by us, as of a State united to us by the streightest Bands of Religion and Civil Policy."