House of Lords Journal Volume 6: 5 August 1643

DIE Sabbati, videlicet, 5 die Augusti.

PRAYERS.

Earl of Manchester, Speaker.

Message from the H. C. that they are ready for the Conference about the Propositions to the King;

A Message was brought from the House of Commons, by Sir Benjamin Rudyard Knight:

To let their Lordships know, that whereas Yesterday their Lordships sent a Message to them, to desire a Conference this Day, in the Painted Chamber, at Ten of the Clock, concerning some Propositions to be sent to His Majesty; they are now ready to attend the Service, at the Time and Place appointed; and that their Lordships will please to sit a while after the Conference.

and for Concurrence in a Declaration to be sent to Scotland.

2dly, To desire their Lordships Concurrence in a Declaration to be sent to the Kingdom of Scotland, being an Answer to some Propositions of theirs. (Here enter it.)

Agreed to, with some small Alterations.

The Answer returned was:

Answer.

That this House agrees to sit a while after the Conference; and touching the Answer to the Scotts, their Lordships will send an Answer by Messengers of their own.

Message to them, that the Lords agree to it.

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

To let them know, that their Lordships do agree to the Answer to the Propositions of the Scotts, leaving out some few Words.

The Messengers return this Answer:

That they have delivered this Answer:

Holden's Petition, for the Tithes of St. Cuthbert's, Bedford.

Upon reading the Petition of Thomas Holden Clerk, of St. Cutberts, of Bedford; shewing "That the Churchwardens do disobey their Lordships Order, in paying to him the Tithes:" Hereupon it is Ordered, That the Churchwardens shall be sent for, to shew Reason why they do refuse to pay the Tithes, according to the Order of this House.

Thorne versus Holden.

Also, upon reading the Petition of Thomas Thorne, complaining of "divers Misdemeanors committed by Thomas Holden:" It is Ordered, That the said Tho. Thorne shall bring in his Witnesses by this Day Sevennight, to prove his Charge against Holden.

The Preamble to be delivered at the Conference, by the Speaker, before the Propositions are delivered to them:

"Gentlemen,

Preamble to the Conference about the Propositions to the King.

"My Lords believe that it is too visible to the Understanding of all Persons, that this Kingdom, with all those Blessings of Plenty and Abundance, the Fruits of our long and happy Peace, must be forthwith turned into the Desolation and Famine that accompany a Civil War; and that those Hands and Hearts, which should secure this Land, do now endanger it, by our unnatural Division; which Considerations have moved my Lords to return again Propositions to His Majesty, in the which they do desire your Concurrence; the Reasonableness and Justice of them being such as, if they be rejected, our Cause may thereby be strengthened, and the Kingdom encouraged to preserve themselves in their just Rights."

Overman and Hardwick versus Doughty.

Upon the Report of Mr. Justice Reeves and Mr. Justice Bacon, in the Writ of Error, between Overman and Harwicke Plaintiffs, and John Doughty Defendant, who certified their Opinions to be, "That the Writ of Error is insufficient in Law:" It is Ordered, by this House, That the said Writ of Error be quashed and abated; and that the Transcript of the Records thereupon brought into this House be returned into the King's Bench, unless the Plaintiffs in the Writ of Error shew Cause to this House to the contrary on Friday next.

Jennings versus Sir Thomas Dawes.

Upon reading the Petition of Tho. Jennings Esquire, complaining, "That Mr. Justice Reeves and Mr. Justice Bacon have sent a special Summons to Sir Tho. Dawes, or some for him, to attend them, and to bring with him Five Bonds, expressed in their Warrant; but he neither came, nor sent in the said Bonds, whereby the said Judges cannot proceed; therefore humbly prays that the said Bonds be speedily brought to the Clerk of the Parliament, so as the Judges may have Sight of them:" Which this House Ordered accordingly.

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

To sit P.M.

Ordered, To sit as a House at Four of the Clock this Afternoon.

Message to the H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Serjeant Fynch and Mr. Page:

To let the House of Commons know, that their Lordships intend to sit at Four of the Clock this Afternoon.

Adjourn.

House adjourned till 4^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Delinquent, who abused the Servant of the Committee in the City.

The House (fn. 1) being informed, "That Atkins had humbled himself to the Committee at Haberdashers Hall, (fn. 2) for abusing of one Gosse, employed by that Committee:" Hereupon this House Ordered, That he shall be released from his Imprisonment and Restraint.

Adjourn.

House adjourned till 10^a, Lunæ.