House of Lords Journal Volume 6: 15 May 1644

DIE Mercurii, 15 die Maii.

PRAYERS, by Dr. Gouge.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Lieutenant of The Tower to deliver Hangings there for this House.

Ordered, That the Lieutenant of The Tower of London is hereby Ordered to deliver to the Officers of the King's Standing Wardrobe, the Suit of Hangings of the Story of Eighty-eight, to hang up in the Lords House of Parliament.

Ordered, That the Earl of Stamford is added to the Committee for preparing Reasons for a Conference with the House of Commons, concerning the Ordinance for the Committee of both Kingdoms.

Paper to be offered to the H. C. for reconciling the Difference concerning the Ordinance for the Committee of both Kingdoms.

The Earl of Stamford reported from the Committee a Paper prepared, which they thought fit to be offered to the House of Commons, at a Conference; and the House commanded the said Paper to be read.

The Lords, having taken into Consideration the absolute Necessity of having a Committee of both Houses, to join with the Commissioners of the Kingdom of Scotland, that the great Business of both Kingdoms, now united in One common Interest, and all Kind of Relations both of Safety and Danger, might be carried within One joint Concurrence both of Counsel and Endeavours; and taking Notice of the Ordinance, which for these Three Months last past gave a Being to such a Committee, was now expired, had framed another, wherein, according to their undoubted Right never questioned nor disputed in any Parliament, they named their own Members, which must needs appear just and equal to all Men who will indifferently judge, and which they doubt not will be so found by yourselves, notwithstanding there is that Unhappiness, that, in the Alteration you have made and sent up unto them, as we conceive, you have endeavoured to abridge them of their Liberty in the Choice of their Committee, both for the Persons and the Number, which the Lords find contrary to all Precedents; yet, considering how necessary it is for the present Preservation of Church and Commonwealth, that there should be a good Correspondency between the Two Houses, and an uninterrupted Concurrence of our joint Endeavours to promote the common Good both of Parliament and Kingdom; the Lords have thought fit to offer you this Accommodation, That if you please to send them another Ordinance to the same Purpose as the other was, they will comply with your Desires for the same Number that you sent up, the Names of the Persons of your own House being inserted by yourselves, and a Blank being left for the Lords to nominate their own Members: This, they hope, will give full Satisfaction, and justify themselves to all the World, how careful and tender they are of doing any Thing which may look to a wilful Disagreement with you; but are still ready to co-operate with you in whatsoever may advance the Public Service, though with yielding something of what (fn. 1) they might challenge if they should stand strictly upon their own Right."

Ordered, That this Paper be communicated to the House of Commons, at a Conference.

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

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

To desire a present Conference, in the Painted Chamber, concerning the Committee of both Kingdoms.

The Answer returned was:

Answer.

That (fn. 2) they will give a present Conference, as is desired.

Message from thence, with a Letter to the Ld. General;

A Message was brought from the House of Commons, by Mr. Sam. Browne and others:

1. To desire their Lordships Concurrence in a Letter to be sent to the Lord General.

and to expert the Ordinance concerning the Writs of Error.

2. To desire Expedition in the Ordinance concerning Writs of Errors.

The Letter was read, as followeth:

Letter from both Houses to the Ld. General.

My Lord,

"There being here a general Report of His Majesty's coming to London; by Command of the Houses, we desire your Lordship to use your best Endeavour to find the Grounds of it; and if you shall at any Time understand that His Majesty intends to repair hither or to your Army, that you presently acquaint the Houses, and do nothing therein without their Advice."

Ordered, That this House agrees to this Letter; and that it be sent to the Lord General.

Next, the Ordinance concerning Writs of Errors was read, and Agreed to. (Here enter it.)

The Answer returned was:

Answer to the H. C.

That this House agrees to both the Particulars of this Message.

Committee to open the E. of Denbigh's and Mr. Strickland's Letters.

Ordered, That the Earl of Northumb. and the Lord Viscount Say & Seale have hereby Power to open the Earl of Denbigh's Letters, and Mr. (fn. 3) Strickland's Letter, and make Report thereof to this House, and communicate what they think fit to the Scotts Commissioners.

Propositions for a Peace.

The House was adjourned into a Committee during Pleasure, to debate the Propositions for a safe and a well-grounded Peace.

And the House was resumed.

Ordinance concerning Writs of Error.

The Lords and Commons assembled in Parliament, taking into Consideration the great Prejudice and Inconvenience that may and doth accrue to the Subject by the Stopping and Delay of Writs of Error, and also by discontinuing of Writs of Error, by the Courts not sitting in the Exchequer Chamber, and by the not effectual putting in Execution the Commands of the Great Seal of England, Ordained and Established by both Houses of Parliament, do Order and Ordain, That all Writs of Error brought in any of His Majesty's Courts at Westm'r, sealed with the said Great Seal, and attested under the Hands of any Three or more of the Commissioners of the said Great Seal, whereof One Lord to be One, shall be signed by such of the Judges as are or shall be the Ancient Judge then attending the said Courts, or any of them respectively; and that such Signing by any One of the said Judges, in the Absence or Vacancy of the Chief Justices or any other Ancient (fn. 4) Judge, shall be as good and effectual as if the same had been signed by the Chief Justice or other Ancient Judge; any Laws, Usage or other Matter, to the contrary thereof notwithstanding: And be it further Ordained, That whereas divers Writs of Error returnable in the Exchequer Chamber are discontinued, by the not coming of the Judges there, without any Default of the Parties prosecuting the said Writs, be it Ordained, That, new Writs of Error being taken out, the Judges of the Court to whom they shall be directed shall allow of the said Writs of Error in the same Manner as they allowed the former Writs, that so Execution may be stayed till the same can be determined; and that all Judges, Officers, and Ministers, and other Persons, shall duly perform, obey, and execute, all such Things as they or any of them shall be commanded or required to do, in their several Offices or Places, by Force and Virtue of the said Great Seal, as they should or ought to have done by Force and Virtue of any Great Seal of England, under Pain of answering their Contempt therein to both Houses, and Loss of their Places."

Order for Dr. Burges to have the Dean of St. Pauls House.

"Upon reading the humble Petition of Cornelius Burges, Doctor in Divinity, and Public Lecturer in Pauls, London: It is (fn. 5) Ordered, &c. That the Order of the Lord Mayor and Aldermen of the City of London, dated the Thirtieth of April last past (in Pursuance of an Ordinance of both Houses of Parliament dated the Twelfth of March last), touching the setting out and repairing of the Dean of Pauls Church House, London, for the said Dr. Burges, shall be obeyed and speedily executed by all Committees and Persons concerned therein; and that the Sheriffs of London, or One of them, shall forthwith clear that House of all Persons that are therein, or occupy any Rooms there, and to put the said Dr. Burges into the quiet Possession of the said House and Premises; and Order of any Committee to the contrary hereof in any Wise notwithstanding."