House of Lords Journal Volume 6: 29 June 1643

DIE Jovis, 29 die Junii.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

Answer from the H. C. about the Declaration in Answer to the King's late Proclamation against the Parliament.

The Messengers sent to the House of Commons on Tuesday last return with this Answer:

That they have appointed a Committee, to meet with the Committee of Lords, this Afternoon, at Three of the Clock, about drawing up of a Declaration upon the King's late Proclamation.

Clotworthy's Cause.

Upon reading the Petition of the Clotworthies, the Kindred of Robert Gray Esquire: It is Ordered, That the Consideration of this Petition is hereby referred to the Consideration of Sir Rob't Rich, Mr. Page, Sir Nath. Brent, Doctor Aylett, and some Merchants; who are to compose and end the Difference between them, if they can; if not, to examine the Business as far as they can, and report the same to this House.

Ordinance for raising Horses.

The Earl of Holland reported from the Committee to consider of the Ordinance for listing of Horses, wherein the Committee have thought (fn. 1) sit to present some Alterations and a Proviso; which being read, this House Agreed to it, with these Alterations; and it was Ordered, To send this Ordinance, with the Alterations, to the House of Commons.

Sent to the H. C.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that this House agrees to this Ordinance, with the Alterations and Proviso now read, and desire the same may be read.

Message from thence, to sit a while.

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

To desire their Lordships to fit a while, for they shall have Occasion to come up to their Lordships, about some Business of Importance.

The Answer returned was:

Answer.

That this House will sit a while, as is desired.

Cottingham, to be Parson of Halstead.

Ordered, That Mr. John Cottingham is hereby recommended to be Parson of Halsteed, in the County of Kent; the Minister thereof (fn. 2) being willing to resign the said Cure.

Next, some General Rules for the regulating of the Assembly were read:

Rules for regulating the Assembly of Divines.

(fn. 3) "1. That Two Assessors be joined to the Prolocutor, to supply his Place in Case of Absence or Infirmity.

"2. Two Scribes to be appointed, to set down all Proceedings; and these to be Divines, who are not Members of the Assembly.

"3. Every Member, at his First Entrance into the Assembly, shall make a serious and solemn Protestation, not (fn. 1) ss to maintain any Thing but what he believes to be the Truth, and to embrace Truth in Sincerity when discovered to him.

"4. No Resolution to be given upon any Question on the same Day wherein it is First propounded.

"5. No long Speeches to be permitted, that Matters may not be carried by impertinent Flourishes; but all Debates to be by Way of Argument, soberly and gravely managed.

"6. What any Man undertakes to prove as necessary, he shall make good out of the Scriptures.

"7. No Man to proceed in any Dispute after the Prolocutor hath enjoined him Silence, unless the Assembly desire he may go on.

"8. No Man to be denied to enter his Dissent from the Assembly, and his Reasons for it, in any Point, after it hath first been debated in the Assembly; and thence (if the dissenting Party desire it) to be sent to the Houses of Parliament by the Assembly (not by any particular Man or Men in a Private Way), when either House shall require it.

"9. All Things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly, and then offered as the Judgement of the Assembly, if the major Part assent; provided that the Opinion of any Persons dissenting, and the Reasons urged for it, be annexed thereunto, if the Dissenters require it, together with the Solutions (if any were) given in the Assembly to those Reasons."

Ordered, That this House approves of these Rules for regulating the Assembly; and further nominated and appointed Mr. Henry Robrough and Mr. Adoniram Byfeild to be Scribes, to set down all Proceedings in the Assembly.

Sent to the H. C.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeilde and Doctor Heath:

To communicate to them the General Rules to regulate the Assembly; and to desire their Concurrence therein, and that they may be printed and published.

Overman and Hardwick versus Doughty in Error.

Next, the Case between Overman and Hardwicke Plaintiffs, against Doughty and others Defendants, upon a Writ of Error, [ (fn. 4) was heard.]

And the Counsel of the Plaintiffs pleaded, "That the Record is not entirely certified into the King's Bench out of the Court of Common Pleas, whereby Errors cannot be assigned."

Ordered, This House refers the Matter of Law in Difference to the Judges, or any Two, who are to call the Counsel before them, and report the same to this House on Tuesday next; and then this House will (fn. 4) take the Case further into Consideration, and take the Petitions of both Sides into Consideration, touching the Equity of the Business.

Mrs. Busfield, a Pass.

Ordered, That Mrs. Busfeild shall have a Pass, to go into Carmarthenshire, with Four Children, Three Maids, and Three Men, with such Necessaries as they shall think fit to carry with them for their Journey.

Mr. Vincent to be settled in the Possession of the Parsonage of St. Buttolph without Bishopsgate.

Information being made to this House, "That Mr. John Vincent, being put into the Parish of St. Buttolphes without Bishopgate, London, by Judgement of this House, who is kept out of the Possession of the Parsonage-house:"

Hereupon this House Ordered, That the Sheriff of the City of London shall see him put into the quiet Possession of the Parsonage-house, according to the said Judgement of this House.

Adjourn.

Ordered, That this House shall be adjourned until Four of the Clock this Afternoon.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker this Afternoon.

E. of Portlands Petition, that he is threatened by Mr. Walle, and praying a speedy Trial.

Upon reading the Petition of the Earl of Portland; shewing, "That he was, the Beginning of August last, committed into the City of London, at the Desire of the House of Commons, upon some Suspicions and Jealousies they had of him, where he continued Six Months, almost to the Ruin of his whole Estate.

"That he is now made a close Prisoner, upon the same Grounds, and at the same Request; but, as he conceives, without any Charge brought up against (fn. 5) him; whereby, and by what Mr. Waller hath threatened him with since his coming hither, he doth apprehend a very sad, long, and more ruinous Restraint, all his Goods being already taken out of his Power, which are the only Means he hath for the present Subsistence of his Family.

"He therefore humbly prayeth their Lordships, that he may not find the Effects of Mr. Waller's Threats, by a long and close Imprisonment; but that he may be speedily brought to a legal Trial before their Lordships; and then, he is confident, the Vanity and Falsehood of those Informations, which have been given the House of Commons against the Petitioner, will appear both to their Lordships and to them; and the Petitioner shall have the Testimony of having ever borne a very faithful Heart to his Country. And for this Justice he shall ever pray, &c.

"Portland."

E. of Portland and Mr. Waller to be confronted, and the Matter examined.

The House observing the Expressions in this Petition, "That Mr. Waller should threaten the Earl of Portland;" this House thought it fit to have them both Face to Face, and see what those Things are that the Earl of Portland means by Threats: Hereupon this House Ordered, That the Earl of Portland shall be brought to this House To-morrow Morning, by Nine of the Clock; and to send to the House of Commons, to desire that Mr. Waller may be likewise brought; and then the Lords Committees, and the Committees of the House of Commons that went into London, to examine the Business touching the late Plot, are to examine them Face to Face concerning this Business.

The Messengers sent this Morning to the House of Commons return with this Answer:

Answer from the H. C.

That they will send an Answer, by Messengers of their own, touching the Alterations in the Ordinance for listing of Horses.

The Messengers sent to the House of Commons this Morning return this Answer:

Ditto.

That they will send an Answer, by Messengers of their own, touching the General Rules to regulate the Assembly.

Message from thence, for the E. of Northumberland to be examined.

A Message was brought from the House of Commons, by Sir Rob't Pye:

To desire that the Earl of Northumberland may be examined forthwith, before the Committee of those Lords that were appointed to examine Mr. Waller, &c. and that the same may be in the Presence of the Committee of the House of Commons.

He desires to be examined immediately.

The Earl of Northumberland desired, and made it his humble Suit to this House, "That their Lordships would appoint the Committee to examine him presently, that so his Innocency may the sooner appear, and he not lie longer under a Jealousy."

The Answer returned was:

Answer to the H. C.

That the Earl of Northumberland having made it his Request to this House, that the Examination of him may be presently, their Lordships do agree, upon his Lordship's Request, that the Lords Committees do meet presently, in the Lord Keeper's Lodgings, and examine him in the Presence of the Committee of the House of Commons.

Message to them, about examining the E. of Portland and Mr. Waller.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that their Lordships have received a Petition from the Earl of Portland; upon which their Lordships have Ordered, That the Earl of Portland shall be brought hither To-morrow Morning, by Nine of the Clock; and their Lordships do desire that the House of Commons will give Order that Mr. Waller may be also brought, and both of them examined Face to Face by the Lords Committees, in the Presence of the Committee of the House of Commons that were appointed to go into London, about Mr. Waller's Examination, about some Business of Importance.

The Lords Committees retired presently, to examine the Earl of Northumberland; and the House was adjourned during Pleasure.

The House was resumed.

Message to them, to send for Mr. Waller directly.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeild and Doctor Heath:

To let the House of Commons know, that whereas their Lordships did desire that Mr. Waller might be sent for, to be here To-morrow Morning, to be asked some Questions in the Presence of the Committee of the House of Commons; their Lordships do desire he may be sent for, to come this Night, and their Lordships will send for the Earl of Portland to be here presently.

E. of Portland sent for.

Ordered, That the Earl of Portland shall be sent for, and brought hither presently.

The Messengers sent to the House of Commons return with this Answer:

Answer from the H.C.

That the House of Commons have agreed that Mr. Waller shall be presently examined; and they have Ordered that he shall be sent for presently.

Adjourn.

House adjourned till 9 ^a cras.