House of Lords Journal Volume 6: 29 June 1644

DIE Sabbati, videlicet, 29 die Junii.

PRAYERS, by Mr. Chambers.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Wilgrice and Turner.

Ordered, That the Business between Wilgric and Turner shall be heard at this Bar this Day Fortnight.

Sir T. Row, a Pass.

Ordered, That Sir Tho. Row, for the Recovery of his Health, shall have a Pass, to go and return from The Bath, without Trouble or Molestation, with a Litter and Three Horses belonging thereunto, and Two Litter-men, and Two Servants, and Two Horses to attend, and necessary Cloaths; and that he shall have quiet Abode at The Bath.

Message from the H.C. for a Conference on the Ordinance for excluding the Members who have deserted the Parliament.

A Message was brought from the House of Commons, by Sir Henry Mildmay and others:

To desire a Free Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, concerning the Ordinance for excluding the Members of both Houses that have deserted the Parliament.

The Answer returned was:

Answer.

That their Lordships will give a present Free Conference, in the Painted Chamber, as is desired.

Pettus and Bancroft and Aylett.

Upon reading the Petition of Katherine Pettus; complaining, "That the Orders of this House, of the 10th, 8th, and 14 June, hath been left at the Lodging of (fn. 1) Mrs. Bancroft, but no Appearance is made by her to give Obedience to the said Orders; therefore desires that the Lands of Jeremy Aylett may be sequestered, for her Satisfaction:" Hereupon this House Declared, upon reading the Petition of Jeremy Aylett, That the Lands of the said Jeremy Aylett is not, nor ought not to be, liable to any Sequestration concerning this Business; but this House Orders, That the Lands, Debts, Goods, or Chattels, of the said Mrs. Bancroft, shall be liable to make good the Monies which are Ordered by this House to be paid to Pettus.

Butler, committed for Riots in Gillingham Forest, escaped from Newgate.

The Keeper sent for.

Upon Information to this House, "That one Butler was committed to the Prison of Newgate, for committing of divers Riots, in the Forest of Gillingham, in the County of Dorset; but the Keeper of Newgate hath permitted the said Butler to escape out of his Custody, and is gone into Dorsetshire, where (fn. 2) he is again raising Tumults and Disorders:" Hereupon this House Ordered, That the Keeper of Newgate do forthwith appear before this House, to shew by what Authority he did suffer the said Butler to escape; and that he be enjoined by this House to take and seize the said Butler in his Custody again.

The House was (fn. 3) adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference on the Ordinance for excluding the Members who have deserted the Parliament.

And the Speaker reported the Effect of this Conference; which was, "That the House of Commons having received, at a Conference, some Reasons why their Lordships do not agree in the Alterations in the Ordinance for excluding the Members of both Houses that have deserted the Parliament, with which the House of Commons are not (fn. 4) satisfied, but do adhere to their former Alterations; and desire their Lordships Concurrence therein."

The House taking this Business into Debate;

The Ordinance passed.

It was Resolved, upon the Question, That this House agrees to this Ordinance, with the Alterations brought up from the House of Commons.

Protest against it.

The Earl of Lyncolne, before the putting of this Question, desired Leave of the House to enter his Dissent to this Question; which the House granted, and accordingly he entered his Dissent.

(Here enter it.)

"T. Lyncolne."

Then the House was adjourned during Pleasure; and the Lords went to let the House of Commons know, that this House agrees with the House of Commons in the Ordinance for exclusing the Members of both Houses that have deserted the Parliament, with the Alterations brought up by them.

Then the House was resumed.

Letter from the Earl of Denbigh, that he had taken Oswestre.

Next, a Letter of the Earl of Denbigh's was read, giving a Relation of his taking the Town and Castle of Oswestre, in the County of Salop, where he took many Prisoners, both Commanders, Officers, and Soldiers.

Message from the H. C. with a Letter to him.

A Message was brought from the House of Commons, by Mr. Pierpont, &c.

To desire Concurrence in a Letter to the Earl of Denbigh, for his good Service.

The said Letter was read, and Agreed to.

(Here enter it.)

Letter to the E. of Denbigh, thanking him for his Zeal and good Conduct.

"My Lord,

"Your Letters of the 24th of this Instant have been read in both Houses, of your taking Oswaldstree, a Place, we conceive, of good Importance, and Four Hundred Prisoners, and Three Hundred Arms. We find in this Service, and by former Testimonies of your good Affections, your noble Conduct of your Affairs, and your Zeal to the Public Welfare. We are commanded, by both Houses, to give your Lordship Thanks for the good Service you have done, and for your earnest offering and ready prosecuting the Directions you receive; and from them we are to assure you, that they will further by all Means the Service you are upon, to your Satisfaction. They have appointed One Thousand Pounds, and Six Hundred Pair of Pistols, for your Forces; and a Committee is made for the speedy providing of them. This is all we are to signify to your Lordship for the present, and rest

"Your affectionate Friends,
Gray of Warke, Speaker of the House of Peers pro Tempore.
W. Lenthall, Speaker of the House of Commons in Parliament."

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Earle, &c.

To desire their Lordships Concurrence in an Ordinance concerning the Western Counties.

The Answer returned was:

Answer.

That their Lordships will take the same into Consideration, and send an Answer by Messengers of their own.

Message from thence, to expedite Two Ordinances, and a Letter to the Ld. General.

A Message was brought from the House of Commons, by Sir Henry Mildmay, &c.

To desire Expedition in these Particulars:

1. In the Ordinance concerning the associated Counties.

2. To the Letter to be sent to the Lord General.

3. To the Ordinance concerning the Isle of Wight.

The Answer returned was:

Answer.

That their Lordships will send an Answer to this Message, by Messengers of their own.

Letter to the Ld. General.

Then the Letter to the Lord General was read, and committed to the Consideration of these Lords following, to consider of it, and what Alteration is fit to be made upon it:

Any Five, to meet when they please.

This Committee withdrew presently.

Ordinance concerning the associated Counties of Essex, &c.

Next, the House read the Second Time the Ordinance concerning the associated Counties of Essex, &c. and committed (fn. 5) it to the Consideration of these Lords following;

Any Three, to meet when they please.

Ordinance to establish Committees in the West.

Also the Ordinance (fn. 5) for the establishing of Committees in the West was read Twice, and committed to the Committee aforenamed.

"An Ordinance for the excluding of the Members of either House of Parliament that have deserted the Parliament, and adhered to those that levy War against the Parliament.

Ordinance for excluding the Members who have deserted the Parliament.

"The Lords and Commons now assembled in Parliament, taking into Consideration that divers Members of both their Houses have, since the Beginning of the unhappy Distractions now depending, in Breach of their Duties, withdrawn themselves from that Attendance upon the Public Affairs of the Kingdom in Parliament, to which the Necessities of the Kingdom and the Trust in them reposed have obliged them, and have also joined with and repaired unto that Party that is now in Arms against the Parliament; and seriously weighing the great Inconvenience and Prejudice which hath arisen, and may further arise, in respect thereof, the same tending to the Scandal and Dishonour of the Parliament, the Discouragement of such as are well-affected, and the Subversion of Religion, Laws, and Liberties, by Means whereof the whole Kingdom is nearly interested and concerned in their said Departure and Offence; and whereas divers Members of the House of Commons, which have deserted the Parliament, and adhered unto those that levy War against the Parliament, have, by Judgement of the House of Commons, been justly disabled from sitting or continuing (fn. 6) any longer Members of the said House, during this present Parliament; by which Judgement, the several and respective Counties, Cities, Boroughs, and Places, for which they served, have Right to elect new Members for the Parliament, upon a Warrant under the Hand of the Speaker of the House of Commons, directing a Writ to issue under the Broad Seal to that Purpose: And whereas divers Members of the House of Peers have also deserted the said House of Peers, and adhered to those that levy War against the Parliament, the Lords and Commons assembled in Parliament do Ordain and Declare, That whatsoever Member of the said House of Peers hath so offended, or hereafter shall so offend as aforesaid, shall be disabled from having any Voice or Sitting in the said House of Peers, during this present Parliament, until his Re-admittance shall be approved of and consented unto by both Houses of Parliament: Provided always, and it is hereby Ordained and Declared, That whatsoever Member of the House of Commons that heretofore hath deserted, or hereafter shall desert the Parliament, and adhere to those that levy War against the Parliament, is and shall be absolutely disabled from sitting in the said House of Commons during this present Parliament."

Adjourn.

House adjourned till 9^a, Monday next.