House of Lords Journal Volume 6: 20 May 1643

DIE Sabbati, videlicet, 20 die Maii.

PRAYERS.

Earl of Manchester, Speaker this Day.

King's Apothecary, a Pass.

Ordered, That the King's Apothecary shall have a Pass, to go to Oxford.

Lady Covell, a Pass.

Ordered, That the Lady Covell shall have a Pass, to come to London, from The Bath, with her Trunks and other Necessaries.

Answer from the H. C.

The Messagers sent Yesterday to the House of Commons return with this Answer:

That they have delivered their Message to the House of Commons, concerning the Archbishp of Cant. and the Trial of Mr. Justice Berkley.

E. of Exon's Servant, a Pass.

Ordered, That a Servant of the Earl of Exeter's shall have a Pass, to go to Oxford, and return again to London.

Singing-men of Windsor, to carry off their Goods.

Ordered, That the Singing-men of Windsor shall be permitted to have Liberty to carry away their Goods.

Baker, who serves the House with Charcoal, his Horses to be restored.

Upon Information to this House, "That the Collier that serves this House with Charcoal hath his Horses taken from him, contrary to the Order of this House:" It is Ordered, That the Parties that seized them are to attend this House on Friday next, to shew by what Warrant he took the said Horses.

Dodington, Pass.

Ordered, That John Doddington shall have a Pass, to go to Oxon, and return again to London.

Barrell's Counsel, concerning the Sequestration of Maidston.

Upon the humble Petition and Desire of Rob't Barrell, Minister of Maidston, in the County of Kent; it is Ordered, according to his Motion, That Mr. Biarly and Mr. Glover are hereby assigned to be of Counsel with him, in the Charge brought from the House of Commons; and that the said Cause shall be heard at this Bar on Wednesday come Sevennight; and, in the mean Time, the said Mr. Barrell shall go.

Corbett's Petition, to be nominated by both Houses to the Living of Chartham.

Upon the humble Petition of Edward Corbett, Fellow of Merton Colledge, in Oxford; shewing, "That whereas, upon the Recommendation of his Excellency the Earl of Essex, it pleased this House to make an Order of the 12 April last, requiring the Archbishop of Cant. to collate the Petitioner to the Rectory of Chartam, in the County of Kent, now void Five Months, by Death of the last Incumbent; and whereas the Archbishop, refusing Obedience to the Order, professing to lapse the said Rectory, it further pleased this House to pass an Ordinance of the 16th of this Instant May, requiring the said Archbishop to collate every Ecclesiastical Preferment in his Patronage, as now is, or shall be void before his Trial, upon such Persons as by both Houses of Parliament [ (fn. 1) shall be nominated] and appointed; he humbly beseeches their Lordships to perfect this great Favour toward him, by nominating him unto the Archbishop for a Collation to the said Rectory, and to transmit the Order to the House of Commons, for their Nomination also:" Which this House Ordered accordingly.

Captain Andrews and Johnson sent for, for taking Lord Berkley's Horse.

Upon Information to this House, "That one Joseph Johnson, a Cornet to Captain Andrewes, hath lately taken away a Horse of the Lord Berckley's, (fn. 2) though it was known to him to be the Lord Berckeley's:" Hereupon this House Ordered, That the said Captain Andrewes and Joseph Johnson shall be sent for, to attend this House, to know by what Order he seized the said Horse.

E. of Berks, a Protection for his House.

Ordered, That the Earl of Berks shall have a Protection, for his House at Charlton, in Gloucestershire.

E. of Southampton's Children, to travel.

Ordered, That Mr. Vernon shall have a Pass, to travel with the Earl of South'ton's Son and Daughter, with Two Men Servants, and Three Maid Servants, and a competent Sum of Money to defray their Charges for their Journey.

E. of Chesterfield's Petition, for an Allowance out of his Estate that is sequestered.

Upon the Petition of the Earl of Chesterfeild; desiring, "That, considering his Estate is sequestered, (fn. 3) he may be allowed some Maintenance, to preserve him from Want; and that he may be permitted, for his Health's Sake, to come up to London:" Hereupon this House Ordered, at the next Conference, That the said Petition should be communicated to the House of Commons, and proposed unto them, "That, in regard of his ill Health, he might be permitted to come up to London; giving his Word, upon his Honour, to appear before this House, and render himself a Prisoner."

Message from the H. C. for a Trial of the Pix.

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

To desire their Lordships Order, for summoning of a Jury, to try the Coin, according to the Standard; and that a Committee of Lords and Commons may be appointed, to be present at the said Trial of the Pix.

The Order was read, and Agreed to. (Here enter it.)

Committee to be present at it.

And the Earls of Holland, and Clare, and the Lord Howard,

Were appointed Committees, to (fn. 4)

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons in this Order concerning the Trial of the Pix; and that their Lordships have appointed Three Lords, to meet with a proportionable Number of the House of Commons, at the Time and Place appointed.

Message from thence, with an Order for Concurrence.

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

To desire their Lordships Concurrence in an Order concerning the Preservation of the City of Exon.

The Order was read, and agreed to.

(Here enter it.)

The Answer returned was:

Answer.

That this House doth agree to the Order now brought up.

Report of the Conference about the Great Seal.

The Speaker this Day reported the Effect of the Conference with the House of Commons Yesterday; which was, "That the House of Commons have presented to their Lordships Consideration certain Votes, wherein they desired their Lordships Concurrence:

"1. That the Great Seal of England ought, by the Laws of the Land, to attend the Parliament.

"2. That the Great Seal of England doth not attend the Parliament, as by the Laws of the Land it ought to do.

"3. That, by reason the Great Seal of England hath not attended the Parliament according to the Laws, the Commonwealth hath suffered many grievous Mischiefs, tending to the Distraction of the King, Parliament, and Kingdom.

"4. That it is the Duty of both Houses of Parliament to provide a speedy Remedy for these Mischiefs.

"5. That a Great Seal of England shall be forthwith made, to attend the Parliament, for Dispatch of the Affairs of the Parliament and Kingdom.

"After the reading of these Votes, some Reasons were given by the House of Commons, upon which they propounded these Votes."

Ordered, That this House will debate these Votes on Tuesday Morning next.

Commission, appointing Commissioners of England to treat with Commissioners of Scotland about the Peace of both Kingdoms.

"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved Cousins and Counsellors Algernoone Earl of Northumberland, Phillip Earl of Pembrooke and Mountgomery, William Earl of Salisbury, Henry Earl of Holland, Edward Earl of Maunchester, William Lord Viscount Say & Seale; and to Our Right Trusty and Right Well-beloved Cousins John Earl of Rutland, William Earl of Bedford, James Earl of Suffolke, Basill Earl of Denbigh, Oliver Earl of Bollingbrooke, Jerom Earl of Portland, Lord Viscount Conway, Lord Berkly, Phillip Lord Wharton, Lord Grey de Warke, Edward Lord Howard de Esc. and Lord Bruce; and to Our Trusty and Wellbeloved Ferdinando Lord Fairefax, Mr. Nathaniell Fiennes, Sir William Armyn, Sir Phillip Stapleton, Mr. John Hampden, Sir Henry Vaine Senior, Sir Thomas Barrington, Mr. William Pierpoint, Sir John Hotham, Sir Edward Ascoughe, Sir William Strickland, Sir Arthur Haselrigg, Sir Christopher Wray, Sir John Fenwicke, Sir William Brereton, Sir Thomas Witherington, Mr. John Toll, Mr. Gilbert Millington, Sir William Constable, Sir John Wray, Sir Henry Vane Junior, Mr. Henry Darley, Mr. John Pym, Mr. John Hotham, Mr. Oliver St. John, Mr. Denzill Hollis, Mr. Alexander Rigby, Mr. Cornelius Holland, Mr. Samuell Vassall, Mr. Peregrin Pelham, Mr. John Glyn, Mr. Henry Martin, Mr. Alderman Hoyle, Mr. John Blaxton, Serjeant Wild, Mr. Richard Barwis; Greeeting:

"Whereas, by the late Articles of Treaty concluded betwixt Our late Commissioners of Our Kingdom of England and Scotland, confirmed and ratified by the Parliament of both Kingdoms, it was thought fit and necessary, for observing the said Articles of Treaty, made for establishing a firm and constant Peace between both the said Kingdoms, that Commissions should be granted by Us by Advice of Our Parliaments of both Kingdoms:

"Know Ye, that We, in Pursuance of the said Articles, and according to the Intent and Meaning thereof, with the Advice of the Lords and Commons of Our Realm of England now assembled in Parliament, have named, assigned, and appointed you, and by these Presents do name, assign, (fn. 5) and appoint you, to be Our Commissioners; and do hereby give and grant unto you, or Twelve or more of you, full Power and Authority to assemble and meet together among yourselves, or with the Commissioners by us chosen, or to be chosen, for Our Kingdom of Scotland, at such convenient Times and Places as shall be mutually agreed on between you and them, and to take Care that the Peace of late concluded between both Our said Kingdoms may be in all Things duly conserved and continued; and that you endeavour, by all lawful Ways and Means, for preserving and keeping of the said Articles of Peace concluded in the aforesaid Treaty, mutually and respectively, by both Parties, according to the Tenor and true Meaning thereof; and further to use all Diligence, Care, and Circumspection, for preventing all Troubles and Divisions which may arise, by the Breach and Violation of the said Articles, or any of them; and, if any Debate or Difference shall happen to arise, to the Disturbance of the said common Peace, that you labour to remove or compose the same, according to the Power hereby granted to you, in such Manner as aforesaid, and no otherwise: Nevertheless We will, and hereby Declare, That all your Proceedings in the Premises shall be adjudged of by Us and Our Parliament, and thereupon allowed or disallowed accordingly, as shall seem meet; and, in case any Thing shall fall out beyond the Power hereby given, and which cannot be provided for or remedied by you, that then, informing yourselves of the Particulars thereof, We will that you represent the same to Us, and to Our Parliament, that We may provide such meet Remedies therein, as, all Occasions and Causes of Divisions and Troubles being removed, the Peace now established may be inviolably observed in all Time to come: And lastly, We will and authorize you Our Commissioners, and any Twelve or more of you, that, in the Execution of this Our Commission, you proceed, from Time to Time, according to the said Articles of Peace concluded in the said Treaty, and the true Intent and Meaning thereof, and not otherwise; and whatsoever you Our said Commissioners, or any Twelve or more of you, shall do in Pursuance of the said Articles, and according to Our Pleasure herein expressed, We do by these Presents ratify and confirm the same."

Commission, for a Treaty between the Commissioners of England and Scotland, concerning those Two Kingdoms and Ireland.

"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. to Our Right Trusty and Right Well-beloved Cousins Wm. Earl of Bedford, Edward Earl of Maunchester, William Lord Viscount Say & Seale, and Edward Lord Howard; and to Our Trusty and Wellbeloved Nathaniell Fiennis Esquire, Sir William Armyn Baronet, Sir Phillip Stapleton Knight, John Hampden Esquire, William Vassall and John Roll, Merchants; Greeting:

"Whereas there are sundry Heads of the Articles of the Treaty of Peace between Us and Our Subjects, and between Our Kingdoms of England and Scotland, which are referred to be taken into Consideration by the Commissioners to be by Us appointed with Consent of both Parliaments, who should have Power to advise and treat thereupon, and to report their Proceedings therein to Us and to the Parliaments of both Kingdoms respectively, and especially the Articles hereafter specified; We, with the Consent aforesaid, being willing that a Commission be awarded, for advising and treating upon the said Articles with the Commissioners chosen or to be chosen by Us, (fn. 6) with Consent of the Parliament of Scotland:

"Know ye, therefore, that We, with the Advice and Consent of the Lords and Commons now assembled in Parliament for Our Kingdom of England, within which Our Kingdom of Ireland is included, have named, assigned, and made, and by these Presents do name, assign, and make, you to be Our Commissioners; and do hereby give and grant unto you, or any or more of you, full Power and Authority to convene and meet, together with the Commissioners by Us chosen, or to be chosen, with the Consent of the Parliament of Scotland, at whatsoever Places and Times convenient, to be accorded amongst you and them; and there to consult, advise, treat, and agree, upon the several Heads and Articles following; that is to say, concerning the making War with Foreigners, and concerning Leagues and Consederations to be made with Foreign Princes and States, and touching and concerning mutual Supply in Case of any Invasion; and also concerning mutual Trade and Commerce betwixt Our Kingdoms of England, Scotland, and Ireland, and the pressing of Ships and Men by Sea or Land; and also touching Naturalization, and mutual Capacity of the Subjects of Our said Kingdoms of England and Scotland, and either of them respectively, of all Dignities, Liberties, Privileges, and other Benefits Ecclesiastical or Civil, and others of that Nature; and concerning the Lawfulness and Solemnity of the Extracts of Bonds and Decreets in either of Our said Kingdoms of England and Scotland; and also concerning the Manner of Safe Conduct, for Transporting from England to Scotland, by Sea or Land, in such a Way as may (fn. 6) be most secure and least chargeable to the Estates of Scotland, of the Monies given and permitted, by Way of Brotherly Supply and Assistance, to the Estate and Kingdom of Scotland, by the Parliament of England; and concerning what Assistance Our Kingdom of Scotland shall give to the Prince Elector, agreeable to the Instructions given or to be given to you, for that Effect, by Our Parliament of England, to whom We do hereby remitthe same; and what you Our said Commissioners, or or more of you, shall resolve and conclude upon, touching the Premises, with the Commissioners of Our said Kingdom of Scotland, that you, or any or more of you, make timely and due Report thereof to Us and Our said Parliament of England; and for so doing, this shall be unto you, or any or more of you, a sufficient Warrant and Discharge. In Witness &c."

Order for a Trial of the Pix.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Trial of the Monies in the Pix, in the Mint, in The Tower of London, shall be made on Monday the 29th of this present May, at the usual Place near the Star-chamber: These are therefore to will and require you, the Wardens of the Company of Goldsmiths in the City of London, forthwith upon Receipt hereof, to set down the Names of a competent Number of sufficient and able Freemen of your Company, skilful to judge of the Goodness or Defects of the said Monies, according to the Standard in the Indenture of the Mint (between His Majesty and Sir Robert Harley Knight of the Bath) expressed, to be of the Jury, to attend a Committee of Lords and Commons nominated for that Purpose, at the said Day and Place; and timely to certify the said Committee, in Writing, under your Hands, the Names of the said Jury, that they may have due Summons to attend that Service; whereof you are not to fail."

Order for 1000 Trained Bands to preserve the City of Exon.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That a Thousand of the best-experienced and ablest Soldiers of the Trained Bands and Voluntiers, of the County of Devon, or such Number as the Deputy Lieutenants of the City of Exon shall think necessary, shall be designed and appointed to repair unto the City of Exon, for the Defence and Preservation of the City and Castle there; and the Deputy Lieutenants of the County of Devon are hereby desired and required to list and appoint such Number of the well-affected and best-experienced Soldiers and Voluntiers of that County, to be ready on all Summons to attend that Service; and every of the said Soldiers and Voluntiers, so to be listed and appointed, are enjoined and commanded, by the Authority of both Houses of Parliament, upon all Alarms or Summons from any Two of the Deputy Lieutenants of the said City, to repair into the said City, there to be employed and used, for Defence or Security of the said Castle or City, as by any Two of the Deputy Lieutenants of the said City shall be directed; and not to depart without their Licence."