House of Lords Journal Volume 6: 20 July 1643

DIE Jovis, 20 die Julii.

PRAYERS.

Earl of Manchester, Speaker.

Countess of Devon's House at Leicester, to be preserved.

Upon Information to this House, "That the Lord Grey hath given Order, that the House of the Countess of Devon at Leycester shall be pulled down, if she do not pay the Garrison One Hundred and Fifty Pounds a Week, which is put into it:" Hereupon this House Ordered, That the Committee at Leycester shall take Care that no Violence or Plundering shall be offered to the said House of the Countess of Devon; but that the said House and Goods (notwithstanding any such Order) be preserved from Spoil and Ruin: And the Speaker is to write a Letter to the Lord General, to acquaint him with their Lordships Order; and to send to the Lord Grey, to preserve the House from Violence or Plundering.

Hill, a Pass.

Ordered, That Mr. Arthur Hill, going into Ireland, shall be permitted to go by Oxford.

Message to the H. C. for a Conference on various Subjects.

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

To desire a Conference,

1. Touching the Matter of Excise.

2. Touching the Ordinance for Newcastle Coal.

3. Concerning the Lord Grey.

E. of Portland removed to the Custody of the Gentleman Usher.

Upon the humble Petition of the Earl of Portland, shewing, "That the Place where he is now is very streight, and inconvenient, both in regard of his Health, and Friends and Servants to come to him about his Estate:" This House taking the same into Consideration, Ordered, That the Earl of Portland shall be forthwith removed from the House of Mr. Alderman Atkins, where now he is, and be in the safe Custody of the Gentleman Usher attending this House; and to have Liberty for his Friends and Servants to come to him.

Lord Lovelace, Leave to be absent.

Ordered, That the Lord Lovelace shall have Leave to go to his House at Hurley, for Four or Five Days.

Order for Sutton Marsh to Lady Banning.

An Order of Sequestration of the Profits of the Manors of Sutton-Marsh, to the Use of the Lady Viscountess Baning and her Sister, was read, and approved of; and Ordered to be sent to the House of Commons, for their Concurrence.

Vaneinden's Cause.

Ordered, That the Cause of Mrs. Vanneinden shall be heard on Monday next.

Calvert, a Pass.

Ordered, That Mr. Samuell Calvert (a Clerk in the Office of Privy Seal under John Chapman Esquire) shall have a Pass, to go to Oxford, and return back again to London.

The Messengers return with this Answer.

Answer from the H. C.

That the House of Commons are now upon Business of great Importance, and will send an Answer by Messengers of their own.

Message from thence, to sit a while.

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

To desire that their Lordships will please to sit a while, for they have Occasion to come up with some Business of great Consequence.

The Answer returned was:

Answer.

That their Lordships will sit a while, as is desired.

Charles released.

Ordered, That Charles, in Custody of the Gentleman Usher, shall be released of his Restraint.

Message from the H. C. for a Conference on various Subjects.

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

To desire a present Conference, touching a Declaration.

2. (fn. 1) They are ready to give a Conference, touching the Three Things, when their Lordships shall think fit.

The Answer returned was:

Answer.

Their Lordships will give a present Conference, as is desired, in the Painted Chamber, touching the Declaration; and desire that, at this Conference, they may communicate something to them, concerning the Excise, the Lord Gray, and the Ordinance touching Newcastle.

Subject of the Conference desired by the Lords.

The Effect of this Conference was, to be, "To let the House of Commons know, that their Lordships, in the Perusal of the Ordinance concerning Newcastle Coal, do find many Difficulties in it, which will require further Time to consider of than the Wants and Pressures of Coals require; therefore their Lordships think it fit to send some Ships to trade with Newcastle for Coals, to supply the present Occasions.

"2. Touching their Objections against the joining of Lords with the House of Commons, for regulating the Officers of Excise, their Lordships do not intend to impeach their Privileges of giving Monies; but their Lordships conceive that it hath been done both in the Bill for Subsidies, and the Ordinance for Sequestrations, and advancing of Monies for the Army, whereby Lords have been joined with Commoners.

"3. Touching their Lordships Desire that the House of Commons would join with them, in desiring the Lord General that he would re-call his Commission granted to the Lord Gray, of the associated Counties; it was, because his Lordship made it One of his Excuses why he did not obey their Lordships Commands, That he could not go because of his Command; and seeing this Contempt was to both Houses, having agreed upon Instructions with his Name inserted, the Lords do not think it fit he should hold that Place, (fn. 2) which is of so much Honour to him."

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about a Declaration concerning a Rising in Kent.

The Speaker reported, "That the Effect of this Conference was, That the Committee for the Safety, having received Information of the rising of some mutinous People in Kent, thought fit to draw up a Declaration to be published; which, being communicated to the House of Commons, they have Agreed to; and the House of Commons desires their Lordships Concurrence therein."

The said Declaration was read, and Agreed to. (Here enter it.)

Justice Berkley's Trial.

Ordered, That the Trial of Mr. Justice Berkly shall be deferred until Saturday next.

Message to the H. C. about it, that the Lords agree to the Declaration about Kent; and with the Order about Sutton Marsh.

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

To let them know, that their Lordships do agree to the Declaration for Kent; and also that their Lordships have appointed Saturday next for the Trial of Mr. Justice Berckly, at which Time their Lordships desire that the House of Commons will send some of (fn. 3) their Members to manage the Evidence; also to desire their Concurrence in an Order concerning Sutton-Marsh.

Declaration concerning a Rising in Kent.

"The Lords and Commons in Parliament, taking Notice of the riotous and tumultuous Rising of divers Persons in the County of Kent, upon Pretence of some Grievances and Oppressions, have thought good to make this Declaration, That, as they shall be always ready to relieve those who, being justly grieved, shall resort to them; so they expect that all such as have Cause to complain should address themselves to seek Relief in a peaceable and orderly Manner, and not in a Way of Violence and Force: Yet, that this may shew their Care of the Public Safety, and their Unwillingness to apply the Rigour of Justice to the Cure of these Distempers if they shall be capable of more mild Remedies, and out of their tender Compassion of those People, who, by these tumultuous Insurrections, have endangered their Lives and Fortunes to the Justice of the Parliament, they do further Publish and Declare, That it is Resolved and Ordained, by both Houses, That all those who shall, upon publishing hereof, lay down their Arms, resort to their own Houses, or Places of Abode, in a peaceable Manner, deliver such Arms and other Goods to the true Owners as have been taken from them, or make Satisfaction for those Goods, and submit to the Authority of Parliament, shall be pardoned, and discharged from any Punishment, or other Trouble in their Persons or Estates, for or by reason of this Tumult, Insurrection, or any Thing thereupon done; and those who shall continue in Arms, or in any mutinous or seditious Assembly, notwithstanding this Admonition, must expect to receive such condign Punishment, from the Power and Authority of Parliament, as their (fn. 4) Offences shall deserve."

Adjourn.

House adjourned till 8^a cras.