House of Commons Journal Volume 2: 07 August 1641

Die Sabbati, 7 Aug. 1641.

PRAYERS.

Wales Court of Marches.

1^a vice lecta est Billa,

AN Act for the Repeal of One Branch of the Statute of 34 H. VIII. Cap. 26; and for the Taking away of the Court commonly called the Court of the Marches of Wales, held before the Lord President and Council there.

Message from Lords.

A Message from the Lords, by J. Foster and J. Mallett;

That the Lords do agree with this House, in the Disbanding of the Troops of Horse of the King's Army: And have likewise sent down a Bill, intituled, An Act for Assuring of Durham-house, and certain Stables, Part of the Possessions of the Bishop of Durham, situate in the Parish of St. Martin's in the Fields, in the County of Midd', unto the Right Honourable Philip Earl of Pembroke and Mountgommery, and his Heirs; and of Two hundred Pounds per annum to the Bishop, and his Successors for ever, in lieu thereof.

Durhamhouse.

1^a vice lecta est Billa, An Act for Assuring of Durhamhouse, and certain Stables, Part of the Possessions of the Bishop of Durham, situate in the Parish of St. Martin's in the Fields, in the County of Midd', unto the Right Honourable Philip Earl of Pembroke and Mountgommery, and his Heirs; and of Two hundred Pounds per annum to the said Bishop, and his Successors for ever, in lieu thereof.

Disbanding the Army.

Ordered, That a Message be sent by Sir Ph. Stapleton, to desire the Lords, in the Name of both Houses, to petition his Majesty for speedy Disbanding of the Horse of .....; and likewise to desire the Lords to move his Majesty; that a Proclamation may issue forth, that none of those Troops shall travel above Six in a Company, after they are disbanded, under Penalty of being proceeded with as Disturbers of the publick Peace: And that the Sheriff and Justices of Peace of the several Counties, through which they pass, shall be commanded, by the Proclamation, to [take] especial Care, that the general Peace be not disturbed; and that the Soldiers lie not [above a Night in......:] And likewise to move the Lords, to write a Letter to the Lord General for the speedy Disbanding of the Horse; as this House intends to do, upon the Signification of his Majesty's Pleasure therein.

Sir Philip Stapleton, Lord Falkland, Mr. Hide, Mr. Hollis, Mr. Hampden, are to draw a Letter to the Lord General, concerning the Disbanding of the Troops of Horse, upon the Heads here moved.

Advance by Dawes' Creditors.

Ordered, That the Monies which the Creditors of Sir Tho. Dawes are by Agreement to advance, for the Service of the Commonwealth, shall be by them forthwith paid into the Hands of the Earl of Warwick; and that Acquittances under the Earl of Warwick's Hands, shall be a sufficient Discharge to the said Creditors, for the Payment of the said Monies.

Beverley's Petition.

The humble Petition of James Beverley Esquire was read: And he was called in; and did avow the Petition, and every Particular in it.

And it was thereupon Resolved, upon the Question, That Sir Wm. Bryers Knight be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, to answer the Misdemeanors objected in the said Petition: And it is further Ordered, That the said Sir Wm. Briers shall deliver the Rolls, Estreats, and other Papers, that concern the Collection of the Poll-money, to Mr. James Beverley, the other Commissioner.

Officers Pay.

A Letter from the Lord General was read: And Ordered, That it be referred to the Committee for the King's Army, to consider whether there be Monies enough, with Conveniency, that the Chief Officers may be satisfied, according to the Desire expressed in the Letter; and if there be, that they should be paid, notwithstanding the former Order.

Disbanding the Army.

Sir Philip Stapleton brings Answer, that the Lords will join with this House, to petition his Majesty for disbanding the Horse: And do agree with this House in all the other Particulars, expressed in that Message.

King's Journey to Scotland.

Ordered, That a Message be sent to the Lords, to desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, concerning the King's Journey.

Ditto.

.. Hollis, .. Stapleton, .. Falkland, .. Pym, .. Colpeper, .. Glyn, .. Hide, .. Hotham, .. Armyn, .. Rolle, .. Hampden, .. Strode;

This Committee is to prepare Heads for a Conference to be desired with the Lords, concerning his Majesty's Journey into Scotland.

Disbanding the Army.

A Message from the Lords, by Sir Ro. Rich, and Sir Edw. Leech;

Upon the Receipt of the Message, last sent to the Lords, concerning the Disbanding the Horse, they have sent some of their Members to his Majesty: And they have sent his Majesty's gracious Answer in Writing, which they commanded me to read: Which was as followeth:

7° Augusti 1641. His Majesty's Answer to both Houses of Parliament:

"That his Majesty hath, ever since this Parliament, taken the Advice of his Parliament concerning his Army; therefore he gives his Consent concerning the Disbanding of the Horse; and hath given Order, that his Attorney shall issue out such a Proclamation as is desired:

"And his Majesty doth recommend to the Parliament the Care of the Disbanding of the Horse; that the Soldiers may be repaid the Money which hath been taken from them for their Arms; that so armed Men may not disperse themselves to the Disturbance of the Kingdom; and that the Arms may be restored to the Magazines, for the Defence of the King and Kingdom."

Purveyance.

1^a vice lecta est Billa, An Act for the taking away all Purveyance.

Disbanding the Army.

A Letter, prepared by a Committee appointed to that Purpose, to be sent to the Lord General, concerning the Disbanding the Horse, was read; and assented unto; and ordered to be fair written; and to be signed by Mr. Speaker.

Custos Regni.

A Message from the Lords, by Baron Henden and J. Mallett;

The Lords desire a free Conference, by a Committee of both Houses, concerning a Custos Regni, and That presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer returned, by the same Messengers; that this House has taken their Lordships Message into Consideration; and will give a present Meeting as is desired.

.. Selden, .. Solicitor, .. Glyn, .. Pierrepont, .. Maynard, .. Hide, .. Martin, are appointed Managers, and Reporters, of this free Conference.

King's Journey to Scotland.

Mr. Strode was sent up with a Message to the Lords, to desire a Conference, by a Committee of both Houses, so soon as may stand with their Lordships Conveniency, concerning his Majesty's Journey into Scotland.

Money due from Scots to the Counties.

Ordered, That Sir Wm. Widdrington go up to the Lords with this Message;

To desire a Conference with their Lordships, by a Committee of both Houses, concerning securing the Monies due from the Scotts to the Counties, over and above the Monies already ascertained.

Answer from Lords.

Mr. Strode brings Answer; that the Lords are now in Dispatch of Businesses of great Importance, and will speedily send Answer by Messengers of their own.

King's Journey to Scotland.

Mr. Hollis reports from the Committee, appointed to prepare Heads of a Conference to be desired with the Lords, concerning his Majesty's Journey into Scotland, the Reasons for this House to desire the Lords to join with this House, in petitioning his Majesty to stay his Journey for yet Fourteen Days longer: The Reasons were read; and it was

Resolved, upon the Question, That these Reasons, thus read, shall be the Heads and Subject of the Conference desired with the Lords, concerning his Majesty's Journey into Scotland: And the Committee appointed to prepare Reasons for this Conference are appointed Managers thereof.

Money due to Durham.

A Paper was read, dated the 5° Aug. 1641, signed by the Hands of Sir Jo. Conyers, Sir Wm. Darcy; reciting, that the County of Durham is contented to forbear all such Monies, as shall be due upon Account, and to take the Parliament's Payment in November: And the same Paper was testified, under the Earl of Bristoll's Hand, to be shewed to the Scottish Commissioners; and that it was approved of by them.

King's Journey to Scotland.

A Message from the Lords, by J. Foster and J. Heath;

The Lords are ready for a Conference, presently, in the Painted Chamber, as was desired, upon the last Message, concerning his Majesty's Journey into Scotland, if it may stand with the Conveniency of this House.

Treaty with Scotland.

They have likewise sent a Bill, intituled, An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland.

Answer returned by the same Messengers;

This House is resolved to give a present Meeting.

House to sit.

Ordered, That the House shall sit this Afternoon, at Three of Clock.

Mr. Hampden went up to the Lords, to acquaint their Lordships, that this House is resolved to sit this Afternoon; and to desire their Lordships, that they would be pleased to do the like, if it may stand with their Conveniency.

Tonage and Poundage.

Ordered, That the Bill of Tonage and Poundage shall be read this Afternoon, at Four of Clock: And Mr. Speaker is to put the House in mind of this Order.

Lords to sit.

Mr. Hampden brings Answer, that the Lords will sit, as is desired, at Three of Clock.

Post Meridiem.

Hertford Writ.

ORDERED, That Mr. Speaker shall issue forth his Warrant to the Clerk of the Crown in Chancery, for a new Writ, for electing of a Knight to serve for the County of Herts, in the Room and Stead of Mr. Capell, who was formerly returned to serve as a Knight for that County, and is since called up to the House of Peers.

Poll-money.

Ordered, That the Commissioners for the Head Ports shall take Care of Collecting of all the Monies, payable within the several Members of those Head Ports, to which Members no Commissions are directed by the Act of the speedy Provision of Monies.

Foreland Light-houses.

1^a vice lecta est Billa, An Act concerning Light-houses erected at the North and South Forelands, in the County of Kent.

Upon the Question, whether this Bill should be rejected:

The House was divided.

And after long Debate, which Side should go out,

The Yeas went forth.

With the Yeas that went forth, 69.

With the Noes, that staid in, 109.

Resolved, upon the Question, That this Bill concerning the Light-houses erected at the North and South Forelands, in the County of Kent, shall be retained.

Disbanding the Army.

Resolved, upon the Question, That the Horse-troops of the King's Army shall be forthwith disbanded.

Tonage and Poundage.

2da vice lecta est Billa, A Subsidy, granted to the King, of Tonage and Poundage, and other Sums upon Merchandize exported or imported; and, upon Question, committed to Committee of the whole House: And are to meet upon this Bill upon Monday Morning next, after the Articles against Mr. Piercy and Mr. Jermyn shall be taken into Consideration.

King's Journey to Scotland.

Mr. Goodwyn to go to the Lords with this Message;

To desire their Lordships to hasten an Answer to the Conference this Day had, concerning his Majesty's Journey to Scotland, in regard Time will admit of no Delay, his Majesty intending to go on Monday.

Durham-house.

2da vice lecta est Billa, An Act for Settling of the Mansion House, called Durham-house, to the Right Honourable the Earl of Pembroke, and his Heirs; and for the Settling the Annuity of Two hundred Pounds per Annum upon the Bishop of Durham, and his Successors for ever, in lieu thereof.

The Question being first put for the Commitment: And passing with the Negative;

The Question was put for the Reading the Third time; Which went with the Affirmative.

3^a vice lecta est Billa prædicta; and, upon Question, passed.

Message to attend the King.

The Gentleman Usher of the Lords House came down, and acquainted this House, that his Majesty was in the Lords House, and commanded the Speaker and the House of Commons to come up to him.

Message to Lords.

Resolved, upon the Question, That Mr. Hollis shall go up to the Lords with Message * * * *.

House to sit on Sunday.

Resolved, upon the Question, That the House shall sit To-morrow Morning at Eight of Clock:

Mr. Strode went up to the Lords, to acquaint their Lordships, that this House is resolved to sit To-morrow at Eight of Clock, and desire their Lordships to do the like, if it may stand with their Conveniency.

House to attend Church.

Ordered, That the House shall meet To-morrow Morning at Six of Clock, at St. Margarett's Church, to hear Prayers and a Sermon: And that Mr. Venn take Order to give Mr. Calamyn Notice, that the House desires him to preach then: And the Burgesses that serve for the City of Westminster are desired to take care, that the Church may be kept free for the Parliament-men.

Members to attend.

Ordered, That all the Members of the House, in regard of the great and weighty Affairs that import the Safety of the Kingdom, do repair hither, to attend the Service of the Commonwealth, with all possible Speed, upon Pain of incurring the Displeasure of this House for their Neglect.

Ordered, That the Knights of the several Counties, and Burgesses and Barons of the several Boroughs and Cinque Ports, shall send Copies of this Order to the Sheriffs of the several Counties, to the end it may be published with Care and Speed.

Call of the House.

Ordered, That on Wednesday come Sevennight peremptorily the House shall be called.

Remonstrances.

Ordered, That the Committee last appointed for the Remonstrances, do meet on Monday Morning next at Seven of Clock: And that my Lord Falkland be added to that Committee.

Lords to sit on Sunday.

Mr. Strode brings Answer, that the Lords will sit Tomorrow at Eight of Clock, as is desired.

Answer from Lords.

Mr. Hollis brings Answer, That the Lords will send Answer * * * *

King's Journey to Scotland.

A Message from the Lords, by Serjeant Whittfield and Serjeant Glanvile;

The Lords do desire a present and free Conference, in the Painted Chamber, by a Committee of both Houses, if it may stand with the Conveniency of this House, concerning his Majesty's Journey into Scotland.

Ordered, That the Members shall return after the Conference ended.

Answer returned by the same Messengers;

This House has taken their Lordships Message into Consideration; and is resolved to give a present Meeting, as is desired.

The Committee appointed to prepare Heads for a Conference, concerning his Majesty's Journey, is likewise appointed to manage this Conference.

Mr. Hollis reports-

Lord Say - they had taken into Consideration the Desire of this House, that the Lords would join with this House to petition his Majesty, to be pleased to stay yet Fourteen Days: They apprehend the Reasons that this Desire is grounded upon; and will join with this House to petition his Majesty to stay Fourteen Days, if it may stand with the Engagement he has made to that Kingdom; howsoever, that he may stay till Tuesday Night Six of Clock, which they are sure will stand with his Engagement; but they conclude nothing in this Matter, till they had first heard from this House.

Resolved, upon the Question, That this House shall insist upon their former Desire for his Majesty's Stay of Fourteen Days.

Sir Jo. Hotham went up to the Lords, to desire a free Conference, by a Committee of both Houses, so soon as may stand with their Lordships Conveniency, concerning the Matter of the last free Conference.

Sir Jo. Hotham brings Answer, that their Lordships will give a present Meeting, as is desired.

Mr. Hollis, Lord Falkland, are appointed to manage this Conference.

Reasons for sitting on Lord's Day.

Moved by Mr. Speaker, that the Reasons of the House's sitting upon the Lord's Day, may be prepared by some small Committee, and entered in the Clerk's Book.

Members excepted from Attendance.

Mr. Treasurer, Mr. Porter, Sir Wm. Uvedale, Mr. Lucas, Sir Tho. Roe, Sir Jo. Fenwick, Sir Arth. Ingram:

It was moved, that these Gentlemen might not be comprehended within the General Order, for the Members being here with all possible Speed.

Message to Lords.

It was moved, that a Message might be sent to the Lords, to desire their Lordships to join with this House, to move his Majesty, that * * * *