House of Lords Journal Volume 6: 24 May 1643

DIE Mercurii, videlicet, 24 die Maii.

PRAYERS.

Earl of Manchester, Speaker.

Answer from the H. C. about Mr. Hampden.

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

That the House of Commons will (fn. 1) return an Answer, by Messengers of their own, concerning Mr. Alexander Hampden.

Report of the Conference about Scotch Affairs.

The Speaker reported the Effect of a late Conference concerning the Scottish Affairs; which was, "That the Earl of Lyndsey delivered a Paper, which he received from the Council of Scotland, concerning the Scots Army in Ireland, whereunto the House of Commons have framed an Answer, which they offer to their Lordships Consideration:

Scots Paper, concerning the Army in Ireland.

The great Wants of our Army of Ireland, whereby they have bin reduced to greivous Extremitys and disabled to doe the Service which they both would and were able to have done if the Agreement in the Treaty had ben observed to thame (as may be easily perceived by the Successe of some of their Undertakings in the Midst of these greatest Extremities), and the peremptory Directions which (fn. 1) I have received from the Councell of Scotland thereannent, doe constraine me to desire your Lordships and these noble Gentlemen of the House of Commons to procure the present Resolution of both Houses of Parliament, whether they thinke fitt that the Army shall still remaine in Ireland, or will declare that they will no longer intertaine the same; that, if it shall be thought fitt to be continued, I may propond such Particulars as are committed unto me, and absolutely necessary for the Good of the Service and Subsistence of that Army; and, if it shall not be thought fitt to intertayne the same any longer, that due Ad vertisement be made thereof, and Meanes provided for re-calling the same, according to the Treaty.

Westm. 20 Maii, 1643.

Ja. Prymerose."

Next, the Answer was read, as followeth:

Agreed to, leaving out these Words ["for divers Affairs concerning the Good of both Kingdoms."].

Garter to deliver in a correct List of the Peers.

Ordered, That Sir John Burroughs, Garter, shall return speedily to the Clerk of Parliament a perfect List of the Peers, with their Christian Names, and the Times of their Creation, for the Service of this House.

Message from the H. C. with a Bill for an Assembly of Divines.

A Message was brought from the House of Commons, by Mr. Rous; who brought up an Ordinance for calling of an Assembly of Godly and Learned Divines, wherein they desire their Lordships Concurrence.

Message to them, with Papers concerning Scotland.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath, which consisted of these Particulars:

1. To carry down Two Commissions;

1. Concerning the Preservation of the Peace with the Kingdom of Scotland.

2. Concerning Trade with Scotland.

Wherein their Lordships do agree with the House of Commons, and have named Lords Commissioners.

2. To return to them the Answer concerning the Paper received from the Earl of Lyndsey, wherein their Lordships do agree with the House of Commons, with the Amendment.

Message from thence, to defer Judge Berkeley's Trial;

A Message was brought from the House of Commons, by Sir John Clattworthy, which consisted of these Particulars:

1. That whereas their Lordships have appointed this Day for the Trial of Mr. Justice Berkley; the Members of the House of Commons that were appointed to manage that Trial, being employed about other Affairs, cannot be prepared to attend the Trial this Day; therefore they desire that their Lordships would appoint a further Day.

concerning the Treatment of the Prisoners at Oxford;

2. They desire their Lordships would please to appoint a Committee of Lords, to be present at the giving of Information concerning the Usage of Prisoners at Oxon; and that the Witnesses may be examined upon Oath.

for Conference about Mr. Hampden;

3. They desire a Conference concerning Mr. Alexander Hampden.

and with Orders for Concurrence.

4. They desire their Lordships Concurrence in several Orders.

The Answer returned was:

Answer.

That their Lordships will appoint another Day for the Trial of Mr. Justice Berkley; and, when a Day is appointed, their Lordships will give the House of Commons Notice of it.

2. That their Lordships think fit that the Witnesses which are to give Information concerning the Prisoners at Oxon be brought to this House To-morrow Morning, to be sworn; and then their Lordships will appoint a Committee of Lords, to take the said Informations.

3. That their Lordships will give a present Conference, in the Painted Chamber, concerning Mr. Alexander Hampden.

4. That their Lordships will take the several Orders into Consideration, and send an Answer, by Messengers of their own, in convenient Time.

Sir John Morley, & al. a Pass.

Ordered, That Sir John Morley shall have a Pass, with his Daughter, her Maid Servant, Mrs. Higgins, Three Men Servants, a Coach and Four Horses, Three Saddle-horses, and their convenient Necessaries, to go to Chichester, and return again to London.

Order from the H. C.

An Order was read, authorizing Colonel Walter Longe to receive Monies in Essex, &c. for the Payment of his Regiment. (Here enter it.)

Agreed to.

Toomes to be attached for Words against the Parliament.

Upon delivering into this House an Information, taken before Sir Sander Duncombe Knight, One of His Majesty's Justices of the Peace for the County of Midd. "That one Henry Toomes hath spoken scandalous Words against the Parliament, calling them Roundheaded Rogues, and base Rascals:" Hereupon this House Ordered, That the said Toomes shall be attached, and brought before this House as a Delinquent.

Justice Berkeley's Trial deferred.

Ordered, That the Trial of Mr. Justice Berkeley, for Ship-money, shall be the First Thursday in July next.

Ordered, That the Cause between Brograve and Leventhorpe shall be heard in this House the First of June next.

Moyser and Mittall in Error.

Ordered, That Thomas Moyser Esquire shall assign Errors, in a Writ of Error depending in this House between him and Ashton Mittall, the First of August next.

Mr. Soane and others sent for, a Disturbance in the Church at Aldenham.

Upon Affidavit made by Ric'd Axtell, of Aldenham, in the County of Hertford, "That, on Monday last, being Whitson Monday, Joseph Seane, late Vicar there, did absent himself out of the Church all the Time of Sermon, there preached by Mr. Gilpin, appointed by the Parliament to be their Preacher; and, when the said Mr. Gilpin was at that Time ready to baptize a Child, the said Soane came in, and intercepted him the said Mr. Gilpin, so as the Child was carried away unbaptized; and a Meeting was made in the Church, by a Multitude there, who cried out they would have the said Soane to be their Minister still: One Mr. Edmund Roiden of St. Stephen's Parish, animated the said Soane in the Premises."

Hereupon this House Ordered, That the said Joseph Soane, and all others as joined with him in this Action, shall be sent for, as Delinquents, to answer the same.

Lady Ailsbury and Family, a Pass.

Ordered, That the Lady Alsebury, her Sister, Two Daughters, two Children, Four Maid Servants, and Four Saddle-horses, a Coach with Six Horses, and a Coach with Four Horses, with their necessary Occasions for Travel, shall have a Pass, to go to Oxford.

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

Report of the Conference about Mr. Hampden.

And the Speaker (fn. 2) reported the Effect of this Conference: "That they having received a Message from their Lordships, that they understand that the House of Commons intends a Restraint upon Mr. Alexander Hampden, who brought the last Message from Oxford from the King; and the Ground upon which they intended the Restraint was upon a Resolution made by the House of Commons, That those (fn. 2) that come from Oxon, from the King's Army, (fn. 3) without a Safe Conduct, shall come upon their own Perils, and (fn. 2) be apprehended as Spies; and that they intend to examine the said Mr. Hampden upon some Information that they have received; therefore they desire their Lordships to respite any further Resolution, until they have examined (fn. 4) him:" Which this House agreed to.

Order for an Assessment, and disarming Recusants, in Essex, Hertford, and Bedford.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That whereas his Excellency the Earl of Essex, Lord General of the Army raised for the Defence of King and Parliament, directed a Commission, with Instructions thereunto annexed, unto the Right Honourable the Lords Lieutenants, Deputy Lieutenants, and some other Gentlemen, of the Counties of Essex, Hertford, and Bedford, and to Colonel Walter Long, a Member of the House of Commons, who in particular was commanded, by the said Lord General, to put the said Commission in Execution, with any Two or more of the said Commissioners, according to the said Instructions therewith given, for the Disarming of the Popish and illaffected Parties in the said several Counties, as also for the raising and taking of Horse, Money, and Plate, of such as had not contributed to the Propositions of Parliament, or not proportionable to their Estates; and whereas the said Colonel Walter Longe, with other of the said Commissioners, have in Part executed the said Commission in some Hundreds within the said County of Essex, and not elsewhere, and hath raised in Money and Plate to the Value of Three Thousand Pounds, or thereabouts, besides divers Sums of Money which do yet remain in the Hands of sundry Persons in the said Hundreds, who have promised to pay the same to the said Colonel Walter Longe; and whereas an Ordinance of Parliament hath since been made, for the rating and taxing of such Persons mentioned in the said Commission, not exceeding the Twentieth Part of their Estates, or the Fifth Part of their Yearly Revenue, which is to be assessed and gathered by certain Persons named and appointed by the said Ordinance; and, for that there may not be any Loss or Damage to the Parliament, or Distraction in the said County, by raising and collecting of Monies by the said several Ways: It is therefore Ordained and Declared, That the said Colonel Walter Longe shall take and receive such Monies as are behind and unpaid in such Hundreds where the said Commission hath been put in Execution, that so he may give an exact Accompt for the whole, and likewise manifest his just and fair Proceedings therein, having promised to leave a Book in every Hundred of what Monies he hath received in the said Hundred, for his and their better Satisfaction and Discharge, which both Houses of Parliament do well approve of; the said Colonel Walter Long, and other the said Commissioners, not having Direction in their said Instructions to give Tickets unto any as is appointed in the aforesaid Ordinance, which notwithstanding he shall do (fn. 5) to such as shall desire them; and, for the Residue of the said County of Essex, and other the Counties afore-named, where the said Commission hath not as yet been executed, there the Persons nominated in the said Ordinance are to execute the same, according to the Instructions therein given them; and for those Monies which are behind and unpaid, in those Hundreds where the said Commission hath been put in Execution, the said Colonel Walter Longe is appointed to take and receive the same, for completing and paying his Regiment, to be accountable for that, and for the Residue if any shall be remaining; and, if any of the said several Sums of Money directed by this Ordinance to be paid to the said Colonel Walter Longe shall be taken and received by any other Person, by virtue of the late-recited Ordinance, or by any other Way, it shall be forthwith restored to the said Colonel Walter Longe, to be employed for the Purposes aforesaid: And lastly it is Ordained and Declared, That all such Persons who have paid, or shall pay, their Monies, unto the said Colonel Walter Long, by virtue of his said Commission, shall not be rated and taxed again by virtue of the aforesaid Ordinance, if they have paid according to the Proportions therein mentioned."

Adjourn.

House adjourned till 10^a cras.