House of Lords Journal Volume 4: 25 June 1641

DIE Veneris, videlicet, 25 die Junii.

PRAYERS.

Manley's Cause.

Ordered, That Mr. Manley's Cause shall be heard before the Lords Committees for Petitions on Tuesday come Sevenninght.

King's Answer, touching the disbanding of the Five Regiments.

The Lord Steward and the rest of the Lords reported, "That they have waited on His Majesty, to present to Him the Matter concerning the disbanding of the Five Regiments of His Army, and the rest of the Particulars; and His Majesty gives Way to their Lordships Desires therein, being done by the Advice of both Houses of Parliament, wishing them to take such Care therein, that the disbanding be both honourable and safe."

The Report of the Lords Commissioners, from the Scots Commissioners, about disbanding the Five Regiments.

The Earl of Bristoll reported, "That the Lords Commissioners, according to the Command of this House, have moved the Scotts Commissioners, that they would take Order that some of their Army might retire from The Teez at the same Time when our Five Regiments are disbanded. The Scotts, for the present, return this Answer: That they will presently dispatch a Messenger to their General; and they are confident, that he will do accordingly when he understands it.

Cessation of Arms.

"Next, That the Cessation of Arms with the Scotts is assigned for Fourteen Days longer by the Commissioners.

Brotherly Assistance between the Two Kingdoms.

"And lastly signified, That the Scotts Commissioners desire, that the Resolutions and Votes of the House of Commons, concerning an Act of Parliament of Public Faith concerning the securing of the Brotherly Assistance may be voted in this House likewise, that it may be by the Consent of both Houses."

The King desires some Measures may be taken for punishing Mutiny in disbanding the Army.

After this, the Earl of Holland, Lord General of the Army, reported, "That His Majesty (having given His Consent to the Disbanding of the Five Regiments) is of Opinion, that the Army cannot well be disarmed, without some Power to punish such as shall mutiny, or refuse to be disbanded; therefore desires this House will take it into Consideration."

The House, after some Consideration, thought fit to have a Conference with the House of Commons; and that it should be propounded there, to have an Act of Parliament, to prevent the Mutiny and Disorder of the Soldiers in our Army, and to punish such as shall refuse to disband quietly; and this to be only during this present Occasion of disbanding the Army, and to die with it.

Hereupon a Message was sent to the House of Commons, by Mr. Baron Henden and Justice Foster:

Message to the H. C. for a Conference on this Subject.

To desire a Conference, by a Committee of both Houses, presently; if it stand with their Conveniency, concerning the disbanding of the Army.

Lords to report the Conference.

Were appointed to deliver at the Conference what they particularly reported to the House this Day.

Answer from the House of Commons is:

Answer from the H. C.

That they will give a present Meeting, as is desired, in the Painted Chamber.

Committee to move the King, that the Earl of Newport's joining the Army may not prejudice his Place of Lieutenant of The Tower.

The Lord Steward, Earl of Essex, Earl Warwicke, Earl Cambridge, the Lord Mowbray, and the Lord Willoughby, were appointed by this House, to move His Majesty, "That, seeing the Earl of Newport is, by the Command of His Majesty and this House, to go down into the North, to look to the Munition and Charge which belongs to his Place in the Army, as being Master of the Ordnance, that, in his Absence, he suffer no Prejudice in his Place of Constable of The Tower of London, nor in the Profits thereof."

Last Conference reported.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Three Lords reported, That they had, at the Conference, delivered what they were commanded by this House. The Commons said, They will report it to their House."

Depredations of the French &c.

Ordered, The Business concerning the Depredations shall be debated upon Monday next, in this House; at which Time Sir Balth. Gerbier is to have Notice to attend.

Rosetti desires a Pass to go around.

It was signified to this House, by Command from His Majesty, That Rosetti desires a safe Convoy, to transport him out of this Kingdom.

Committee for a Conference on this.

Hereupon a select Committee was appointed, to meet with a select Committee of the House of Commons touching the same: videlicet,

A Message, by Baron Henden and Justice Foster, to the House of Commons:

Message to the H. C. for this Conference.

To desire a Conference, by a select Committee of Lords, to meet with a select Committee of their House, touching a Message from the King, presently, in the Little Committee Chamber, if it may stand with the Conveniency of that House.

Answer:

Answer.

That the House of Commons will give a present Meeting, by a proportionable Number, as is desired.

The Lords Committees went to meet with the Committee of the House of Commons.

Some Parts of the Conference about the Ten House debated and agreed to.

Then the First Head of the Conference Yesterday with the House of Commons, and the several Branches of the same, was read publicly in the House; and, for the freer Debate of the same, the House was adjourned into a Committee during Pleasure; and, after a long Consideration thereof, it was agreed to.

Likewise the Second Head, with the Branches, was read and agreed to.

The Third Head, with the Branches, was likewise read, and agreed to.

The House was resumed.

Commissioners about the Accounts between the Northern Men and the Scots.

And it was moved, That the Inhabitants of the Countries of Northumberland, Bishoprick of Durham, and Town of Newcastle, do desire that a Commission may issue, to certain Gentlemen of the said Counties, joined with such Scottish Gentlemen as shall be named by the Scottish Commissioners at Newcastle, whereby they may be authorized, where there are Differences of Account between the Scotts and the said Inhabitants:

1. To examine all Witnesses upon Oath, what Monies have been paid by the said Inhabitants, or any of them, for or toward the Relief of the Scottish Army, since the 28th of August last.

2. To examine upon Oath, what Hay, Corn, or other Goods, have, since the said Time, been taken from the Inhabitants, or any of them, by any Officer or Officers, or other Person, of the said Scottish Army, and for which no Payment nor Satisfaction hath been made to the said Inhabitants.

3. To examine, upon Oath, what Sum or Sums of Money are justly due and Arrear; by the said Army, to the said Counties, or any Inhabitants thereof, for billeting any Horse or Foot of the said Army.

Ordered, That the Clerk of the Crown do issue out a Commission accordingly.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:

To let them know, that this House intends to sit this Afternoon, at Four a Clock, and desire them to sit likewise.

Writ of Error between the King and Thirty.

This Day the Lord Chief Justice of the King's Bench brought into this House a Writ of Error upon a Judgement given in that Court, between John Thirry Plaintiff, and His Majesty Defendant.

Rioters at Buckden, against the Bp. of Lincoln.

Ordered, That the Men which committed the Riot upon the Lord Bishop of Lincolne's Grounds at Buckden shall be sent for as Delinquents; but the Women are to be spared.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in horam 4^m post meridiem hujus instantis Junii, 1641, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Answer from the H. C. that they will sit this Afternoon.

The Messengers which went to the House of Commons this Morning, return with this Answer:

That the House of Commons intends to sit this Afternoon, as is desired.

Abolishing the Star-chamber.

The Reasons which the Judges were appointed to draw up, concerning the Amendments and Alterations in the Bills concerning the Star-chamber, Council Table, and High Commission Court, whereby to prepare for a Conference with the House of Commons, were read; and, for the debating of them the better, the House was adjourned into a Committee during Pleasure; and the Lords Resolved, To have a present Free Conference with the House of Commons, concerning the same.

The House was resumed; and

A Message was brought from the House of Commons, by Sir Jo. Culpepper:

Message from the H. C. concerning some Votes of theirs about the Scots.

To acquaint their Lordships with Three Votes made in their House concerning the Scotts; Two voted the 19th of this instant June, and the other made this Day; and desired their Lordships to take them into Consideration, and confirm them.

The Votes were these:

The Votes;

"That the House of Commons had Resolved, That one Moiety of the Brotherly Assistance that is Arrear, shall be paid at Midsummer come Twelve Month; and the other Moiety at Midsummer come Two Years.

"2. Resolved, That an Act of Parliament of Public Faith shall pass, for Security to be given for the Brotherly Assistance that is Arrear.

"Die Veneris, 25 Junii, 1641.

"3. That the House of Commons doth declare, That the Sums of Money Arrear, for the Brotherly Assistance, to be comprized in the Act of Parliament, is Two Hundred and Twenty Thousand Pounds."

Then it was Resolved, upon the Question, by the major Part,

which the Lords approve of.

That this House doth approve of these Votes of the House of Commons, which were now read.

Memorandum, That this Vote doth not engage this House in any Monies; but to strengthen the Votes of the House of Commons, thereby to prepare an Act of Parliament for the Public Faith.

Proctor's Order about Breach of Privilege.

Upon Information given to this House, "That one Proctor, who hath a Petition depending in this House, and attending at the Parliament Door about his Cause, was served with a Citation to appear in the Spiritual Court;" which being a Breach of the Privilege of Parliament, it is Ordered, That if, upon Affidavit made, it do appear that the said Proctor was served with the Citation at the Parliament Door, then the Citation is to be discharged; and the Party that served it upon Proctor to be sent for, and answer the Fact to this House.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:

Message to the H. C. for a Conference about Two Bills.

To desire a Free Conference with them, by a Committee of both Houses, at such Time as may stand with their Conveniency, touching Two Bills: 1. concerning the Bill for the Star-chamber and the Council Table, the other concerning the Bill touching the High Commission Court.

The Messengers return this Answer from the House of Commons:

Answer.

That they are now in Debate of very great Business, which they think will hold them this Afternoon; therefore they will send an Answer, by Messengers of their own, in convenient Time.

Lady Griffin's Bill.

Hodie 1^a vice lecta est Billa, An Act for the Lady Griffin's quiet enjoying of the Castle and Manor of Brabrooke, in the County of North'ton, according to a Lease made thereof, in Trust for her, by Sir Tho. Griffin, Knight, her late Husband, for the Term of One Hundred Years, if she so long shall live, and for her Satisfaction for the Rents, Issues, and Profits thereof, since the Commencement of the said Lease; notwithstanding a Lease made thereof by Fine sur concessit by Sir Edward Griffin, deceased, for the Term of One and Twenty Years, and notwithstanding a Decree and Orders made in the Court of Chancery to the contrary.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 26^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.