House of Lords Journal Volume 6: 20 August 1644

DIE Martis, 20 die Augusti.

PRAYERS, by Mr. Prophett.

Ds. North, Speaker this Day.

Message to the H. C. that the Lords agree to the Ordinance for associating Five Western Counties;

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page; which consisted of these Particulars:

1. To let them know, that this House agrees in the Ordinance for associating the Five Western Counties, with the Amendments, wherein this House desires their Concurrence.

and for due Payment of Tithes;

2. That this House agrees to the Ordinance for Tithes, with the Alterations, and desire their Concurrence therein.

and to the Indemnity for York Committees;

3. That this House agrees to the Order for indemnisying divers Persons in Yorkeshire, and adding them to the Committees of that County, with Alterations, and desire Concurrence therein.

and with a Lord's Name to be added to a Committee.

4. To desire Concurrence for the Earl of Northumb. to be added to the Committee which is to meet with the Commissioners of the Church of Scotland.

Phillips, a Pass.

Ordered, That Fabian Phillips, and Wm. Harrington his Servant, shall have a Pass, to travel and pass from London, to Warwicke, Worcester, Netherwood, Kyer, and Ludow, and return again to London.

No Process to issue against Mr. Prynne, for his Fine in the Star-chamber, &c.

Upon reading the Petition of Wm. Prynn Esquire; it is Ordered, That the Remembrancer and other Officers of the Exchequer shall not issue out any Process out of that Court, to extend his Land, or his Estate, for the Fine in the Star-chamber, or High Commission Court, pronounced against him.

Baldwin released.

Resolved, upon the Question, That Robert Baldwin shall be released from his Imprisonment in The Gatehouse at Westm. with a Command from this House, that he do not commit the same Offence again; if he does, he must expect to be more severely punished by this House.

Protest against it.

Memorandum, Before the putting of this Question, the Earl of Stamford desired Leave of the House to enter his Dissent to the same; which was granted.

Papers from the Scotch Commissioners.

The Lord Viscount Say & Seale reported from the Committees of both Kingdoms some Papers, received from the Scotts Commissioners:

1. A Paper of Thanks was read, as followeth, dated 14 August, 1644. (Here enter it.)

2. Was read, the Power given by the Estates of Scotland to their Commissioners in England.

(Here enter it.)

3. Was read, a Paper of the Enlargement (fn. 1) of the Quorum. (Here enter it.)

Ordered, That the Report of the Conference Yesterday with the House of Commons, concerning the Propositions, shall be made To-morrow Morning.

Paper of Thanks from the Commissioners of Scotland, for the Propositions for a Peace.

"Wee are comaunded, by the Parliament of Scotland, to retourne unto your Lordship and these Gentlemen the Propositions of Peace, with their Sence and Additions; and, in their Names, to give your Lordship Thanks for your Paines and Endeavors therein, which they doe with all Thankfullnes acknowledge. Wee have likewise received in Commaund from them, to shewe unto the Honnorable Houses of Parliament the Acknowledgment of the Kingdome of Scotland, of the Usefullnes of this happy Conjuncture, of the Councells as well as Forces of both Kingdomes, and their Resentment of the Brotherly Kindnes and Respect of the Parliament of England to them therein; and withall to shewe their Readines to concurre with this Kingdome in every Thing which may conduce to the settling of Truth and Peace in His Majestye's Dominions; all which wee desire may bee made knowne by your Lordship and these Gentlemen to both Houses of Parliament.

14 Aug. 1644.

"Jo. Cheisly,
Cler. Commiss."

Commission granted by the Parliament of Scotland to their Commissioners at London, to assent to the Propositions.

"At Edinburgh, the Sixteenth Day of July, the Yeare of God One Thousand Six Hundred and Forty-fower Yeares. The Estates of Parliament presently conveened, by virtue of the last Act of the last Parliament houlden by His Majesty and Three Estates in Anno 1641, considering that this Kingdome (after all other Meanes of Supplications, Remonstrances, and sending of Commissioners to His Majesty, have beene used without Successe) did enter into a Solemne League and Covenant with the Kingdome and Parliament of England, for Reformation and Defence of Religion, the Honnor and Happines of the King, the Peace and Safety of the Three Kingdomes of Scotland, England, and Ireland, and an Treaty agreed upon, and an Army and Forces raised, and sent out of this Kingdome, for these Ends; whereupon the Convention of Estates of this Kingdome, the Nynth of January last, being desireous to use all good and lawfull Meanes that Truth and Peace might bee established in all His Majesty's Dominions, with a blessed Pacification betwixt His Majesty and His Subjects, as might serve most for His Majesty's true Honnor and the Safety and Happines of His People, graunted Commission to John Earle of Lowdoun High Chauncellor of Scotland, John Lord Maytland then and yet in England, Sir Archibald Johnston of Warystoun One of the Lords of Session, and Mr. Robert Barclay now in England, to repaire to England, with Power to them, or any Two of them, to endeavor the effectuating of the aforesaid Ends, conforme to the Commission and Instructions then given to them, as the Commission of the Date aforesaid proports; likeas the said John Lord Maitland, Sir Archibald Johnston, and Mr. Robert Barclay, have ever since attended in England, in the Discharge of the foresaid Commission; while lately that Sir Archibald Johnston is retourned with some Propositions prepared by the Committee of both Kingdomes, to bee presented to the Estates of Scotland, and to both Houses of the Parliament of England, and by them to bee revised and considered, and then, by mutuall Advise of both Kingdomes, to bee perfected, for an safe and well-grounded Peace; which Propositions are revised, considered, and advised, by the Estates of Parliament now conveened, and their Sence and Results drawne upp thereupon, which Commission is to indure while the coming of the Commissioners under-written; and herewith alsoe considering that the Ends for the which the samyne was graunted, are not yet effectuate, and that the Propositions with the Estates their Results thereupon are to bee retourned to the Parliament of England; therefore the Estates of Parliament, by these Presents, gives full Power and Commission to the said John Earle of Lowdoun Lord High Chauncellor of this Kingdome, Archibald Marquesse of Argile, and John Lord Balmerinoth, for the Nobility; Sir Archibald Johnston of Waryston, Sir Charles Erskine of Cambuskenneth, and Mr. George Dundas of Maner, for the Barons; Sir John Smith of Grottell Provost of Edenburgh, Hugh Kennedey Burges of Air, and Mr. Robert Barclay, for the Burrowes (the Three Estates of this Kingdome); and to John Lord Maitland Supernumerary in this Commission, or of any Three or more of the whole Number, there being One of each Estate, as Commissioners from the Estates of Parliament of this Kingdome, to repair to the Kingdome of England (such of them as are not there already); and with Power to them, or any Three or moe of the whole Number, there being One of each Estate, to endeavor the effectuating of the aforesaid Ends, the concluding the Propositions with the Estates, their Results thereupon, and all such other Matters concerning the Good of both Kingdomes, as are or shal bee from Tyme to Tyme committed unto them by the Estates of this Kingdome, or Committees thereof, according to the Instructions given, or to bee given, to the Commissioners abovenamed, or their Quorum; and for this Effect, the Estates Ordaines John Earle of Lowdoun Chauncellor, John Lord Balmcrinoth, Sir Archibald Johnston of Wariston, Sir Charles Erskine of Cambuskenneth, and Hugh Kennedy, to repaire with all Dilligence to the Kingdome of England, to the Effect before rehearsed, conforme to this Commission and Instructions; as alsoe the Estates Ordaines the said Archibald Marquesse of Argile, Mr. George Dundas of Maner, and Sir John Smith Provost of Edinburgh, to repaire to the Kingdome of England, with all such Conveniency as the Occasion of the Busines shall require, or as they shal bee comaunded either by the Committee from the Parliament here they being in Scotland, or by the Committee with the Army they being in England; and Ordaines them to joyne with the remant Commissioners, to the Effect abovementioned, conforme to the Commission and Instructions given, or to bee given, to the Commissioners, or their Quorum, thereanent, by the Estates of this Kingdome, or the Committees thereof; and the Estates of Parliament, by these Presents, holds and shall hold firme and stable all and whatsoever Things the Commissioners abovementioned, or any Three or more of them, shall doe conforme to this Commission, and to the Instructions given, or to bee given to them.

"Extracted forth of the Bookes of Parliament, by me, Sir Alexander Gibson, of Dury, Knight, Clarke of His Majesty's Registers and Rolls, under my Signe and Subscription Manuell.

"Alex. Gibson, Cler. Reg'ri.
Vera Copia,
John Cheisly, Cler. Commiss."

Paper, authorizing a smaller Number of the Scots Commissioners to treat occasionally.

"The Committee of Estates, considering that in the Commission graunted to you be the Parliament the Quorum is restricted to One of every Estate, and that Occasions may fall out in the Interim, while the rest that are imployed in that Commission are makeing ready for their Journey, which may necessarily require full Quorum, have thought fitt, for eschewing any Prejudice may occure for Want of a full Quorum, to authorize such of your Number as shal bee present, to bee goeing on in the Discharge of your Commission, notwithstanding you bee not a full Quorum, and that ay and while the rest imployed in Commission with you come thither, whome wee shall hasten with all Dilligence.

"Sic subscribitur,
Loudoun, Cancellarius
Jo. D. Com.
Vera Copia,
Jo. Cheislie, Cler. Commiss.

"For the Lord Maitland, Lord Waresten, and remnant Scotts Commissioners at London."

Adjourn.

House adjourned till 9^a cras.