House of Lords Journal Volume 8: 8 July 1646

DIE Mercurii, 8 die Julii.

PRAYERS, by Mr. Ash.

Comes Manchester, Speaker.

D. Hamilton & al. a Pass.

The Speaker acquainted this House, " That Duke Hamilton desired him to let this House know, that he had received a Letter from the Commissioners of the Kingdom of Scotland to go thither; but, out of his Respects to this House, he desired to have it communicated to their Lordships, that so he may have a Pass, if their Lordships will please to do him the Favour to grant him one."

And it is Ordered, That the Speaker do signify to the Duke Hamilton, " That this House takes this Respect well from him; and that this House grants him a Pass, to go into Scotland, as is desired."

And it is further Ordered, That the Pass shall be for the Lady Suzan Hamilton his Daughter (fn. 1) to go with him, and all their Servants.

Platt and Selby, about the Parsonage of Horseley.

Upon reading the Petition of John Platt Minister: It is Ordered, That Mr. Sellby shall return his Answer peremptorily to this House by this Day Sevennight, by what Title he claims Interest to the Parsonage of Horsley, in the County of Surry.

Erudnell, a Pass to France.

Ordered, That Robert Brudnell Esquire shall have a Pass, to transport himself and One Servant into France, and to return again.

Foukes versus The E. India Company.

Upon reading the Petition of Mr. Alderman Foukes, against Two Decrees made against him by the East India Company:

It is Ordered, That the India Company shall have a Copy of this Petition, and return into this House Answer by this Day Fortnight; in the mean (fn. 2) Time, Mr. Alderman Foukes shall have Liberty to look into, and take Copies out of, all such Books as are in the Possession of the India Company, whereby he may be enabled to make his just Defence.

Message from the H.C. about the Ordinance for Money for the Northern Forces;

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

That whereas their Lordships appointed a Conference with them this Morning, they desire at the same Conference they may communicate some Things concerning an Ordinance for Ten Thousand Pounds for the Northern Forces.

for the Marquis of Argyle to be of the Assembly;

2. To desire Concurrence, that the Marquis of Argyle may be admitted to the Assembly of Divines here.

Agreed to.

and with an Order, &c.

3. To desire Concurrence in an Order for One Thousand Pounds, for the Yorkeshire Forces.

4. An Establishment for the Garrison at Pomfract Garrison.

The Answer returned was:

Answer.

That this House will receive what shall be communicated at the next Conference concerning the Ordinance for Ten Thousand Pounds for the Northern Forces; and their Lordships agree to the Marquis of Argyle to be of the Assembly of Divines: To all the rest of the Particulars, their Lordships will send an Answer by Messengers of their own.

Preachers at the Fast thanked.

Ordered, That Mr. Herle and Mr. Johnson shall have Thanks given them, for preaching before the Lords, at the Abbey Church, the last Fast.

Charge against Dell to be drawn up.

Ordered, That it is referred to the King's Counsel, and the rest that were appointed to draw up a Charge against Mr. Lylburne, shall draw up a Charge against Mr. Wm. Dell, for what concerns the Honour and Privilege of this House.

Instructions to the Judges going the Circuit.

Upon Report of the Lord Robertes, " That the Committee are of Opinion, That the Judges, in their Circuits, ought not to deliver any (fn. 3) Thing in Charge but what is within their Commissions:"

It is Ordered, That Lord Viscount Say & Seale and the Lord Robertes shall draw up an Order, and present the same to this House, to this Purpose: "That the Judges shall not, in their Circuits, deliver any Thing but what is according to their Commissions."

Clerk of Assize for Norff. Ordinance.

The Ordinance concerning the Office of Clerk of the Assizes of Norss. was read, and Agreed to with some Alterations; and Ordered to be sent to the House of Commons, for their Concurrence.

Colonel Poyntz's Order.

The Order to give Two Hundred Pounds to Colonel Poynts, was read, and Agreed to. (Here enter it.)

The Lords went to the Conference with the House of Commons; which being ended, the House was resumed.

And it is Ordered, That the Report of this Conference shall be made some other Day.

Disbanding the Armies.

Next, the House was adjourned into a Committee during Pleasure, to take into Consideration the Armies of the Kingdom.

Vote for sending Home the Scots.

And the Vote of the House of Commons was read, concerning declaring " That this Kingdom hath no further Use of the Scotts Army in this Kingdom."

And the Question being put, "Whether this Vote brought from the House of Commons shall be laid aside, till such Time as this House shall receive an Answer from the Commissioners which are to go to the King with the Propositions for a safe and well-grounded Peace, after the Delivery of the Propositions?"

And it was Resolved in the Affirmative.

Report of the Conference about sending the Propositions to the King;

Next, the Speaker reported the Conference with the House of Commons this Day:

First, the House of Commons brought up to their Lordships Instructions to be given to the Commissioners that are to go with the Propositions to the King, wherein they desire their Lordships Concurrence.

"2d. That the House of Commons agrees to the Three last Alterations in the Scotts Paper delivered last in; but to that Desire in that Paper concerning the Conservators of the Peace, (fn. 4) they have made some Alterations, wherein they desire (fn. 5) their Lordships Concurrence.

and about Money for the Northern Forces.

"3. Concerning the Alterations in the Ordinance concerning the Ten Thousand Pounds for the Northern Forces; and they do not agree to the said Alterations, but adhere to the Ordinance as it came up."

Instructions for the Commissioners going to the King.

The Instructions to be given to the Commissioners that are to go with the Propositions to the King, was read, and Agreed to. (Here enter it.)

Paper from the H. C. concerning the Conservation of the Peace.

The House took into Consideration the Paper now brought up by the House of Commons, concerning the Conservators of the Peace.

And it was referred to these Lords following, to peruse the large Treaty and the Propositions, and see whether this touching the Conservators of the Peace be proper to be added with the Fifteenth Proposition; and to report the same to this House To-morrow Morning:

Any Three.

Ordinance for Money for the Northern Forces.

Ordered, That the Consideration of the Ordinance concerning the Ten Thousand Pounds for the Northern Association is referred to the Consideration of the aforesaid Committee; and report the same To-morrow.

Disorders in the Army.

Ordered, That the Disorders in the Army shall be taken into Consideration To-morrow Morning.

Sir J. Sidley versus Baldwin.

Ordered, That Sir John Sidley's Business shall be heard, at this Bar, against Baldin, the Tuesday after Michaelmas next.

Instructions for the Commissioners going to the King with the Propositions.

Instructions of both Houses of Parliament, for Phillip Earl of Pembrook & Mountgomery, James Earl of Suffolk, Sir Walter Erle Knight, Sir John Hippesley Knight, Robert Goodwin Esquire; and Luke Robinson Esquire, or any Three of them, appointed Committees of both Houses of the Parliament of England, to join with Commissioners of the Kingdom of Scotland, to present to the King's Majesty the Propositions for a safe and well-grounded Peace, and to receive His Majesty's Answer thereunto.

You, or any Three of you, are forthwith to repair to the Town of Newcastle upon Tyne, or to such other Place within the Kingdom of England where His Majesty shall be, and there to observe the Instructions following:

"You, or any Three of you, shall there present to the King, from the Lords and Commons assembled in the Parliament of England, the Propositions herewith delivered unto you, for a safe and well-grounded Peace, agreed upon by the Two Houses of the Parliament of England, and by the Commissioners of the Kingdom of Scotland.

You, or any Three of you, are to desire from the King His positive Answer and Consent to the said Propositions.

You are to return with all Diligence and Speed to the Parliament at Westm. as soon as you shall have received the said Answer from His Majesty: In Expectation of the said Answer, you are not to make Stay at Newcastle, or at such other Place where you shall find the King, above the Space of Ten Days next after your Arrival at Newcastle, or such other Place as aforesaid; but, the said Time of Ten Days being expired, you are forthwith, without any Delay, to return to the Parliament of England, to give them an Account of your Proceedings."

Order for 1000£. for Yorkshire Forces.

"Be it Ordained, by the Lords and Commons in Parliament, That One Thousand Pounds, in Lieu of One Thousand Pounds (Part of the First Ten Thousand Pounds, charged on the Excise for the Yorkesheir Forces), and designed to Colonel Thornhagh's Regiment of Horse, upon a Design of pursuing the Enemy, together with the Interest for the same, after the Rate of Eight Pounds per Centum, be paid in Course, but of the Receipts of the Grand Excise, unto William White Esquire, or his Assigns, for the Use of the Yorkesheir Forces; and the Commissioners of Excise for the Time being are authorized to make Payment of the said One Thousand Pounds and Interest accordingly, unto the said William White, or his Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the said Commissioners, and every of them, in that Behalf."

Order for 200£. for General Poyntz.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be advanced and bestowed upon Colonel General Pointz, as an Acknowledgement from the Houses of his great and faithful Services, to buy him a Sword and a Couple of Horses; and this Two Hundred Pounds be forthwith advanced and paid unto the said Colonel General Points, by the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall."

Instructions to the Judges going the Circuits.

The Lord Willoughby, the Lord North, and the Lord Robartes, being of the Committee that are to consider of the Instructions for the Judges in their Circuits, and of the Instructions brought up from the House of Commons for that Purpose, made their Report, "That they think it fit that the Judges should give such Things in Charge as are within their Commissions only."

Which this House, upon their Report, do Order accordingly.

And that for the Time to come, for the preventing of the imposing hereafter upon the Judges, to give in Charge such Things as are not within their Commissions, as have been of late done in former Times to the countenancing of illegal Things;

Order to restrain them from giving any thing in Charge, but what is within their usual Commissions.

It is Ordered, by the Lords in Parliament, That it be hereby referred to the Lord Say, the Lord North, and the Lord Robartes, to consider of, and bring into this House, some Order to prohibit that the Judges in no Time hereafter be compelled or required to give any Thing in Charge, in any of their Circuits, but such Things as concern the common Justice of the Kingdom, and are within the Power of their usual Commissions in their Circuits.