DIE Veneris, videlicet, 23 Septembris.
The Lord Grey de Warke was appointed to be
Speaker this Day.
Lord Lieutenant of Ireland gave an Account, that he was dispatched only a few Days ago by the King, desiring a Supply of Money; and that he is ready to go to his Charge.
The Earl of Holland informed this House, "That
Yesterday the Lord Lieutenant of Ireland gave the
Committee for the Irish Affairs an Account of his
being so long at Court; and that there hath not been
any Neglect of his Lordship to get his Dispatch,
which he received but the Day before (fn. *) he departed last
from the King, which was upon Sunday; and now he
is come to the Parliament, to desire them to think
of some Means to supply him with Monies, whereby
he may discharge his Duty in Ireland; but, if it be
their Lordships Pleasure to send him without Money,
he will be ready to go whensoever he shall be commanded, at as short Warning as they shall please, rather
than that Kingdom should any ways be prejudiced:
This he left to their Lordships Resolution."
And after this the Lord Lieutenant expressed the
And because this House conceived this to be a Business of that great Importance, as concerning the Wellbeing of (fn. *) that Kingdom, this House thought if fit to
have a Conference with the House of Commons, to recommend unto them, that they would think of some
Course, (fn. *) how the Lord Lieutenant may be furnished with
such a Supply of Money, as he may be enabled to do
such Service, for the Good and Safety of that Kingdom,
and Encouragement of the Soldiers that are there, as
may be expected from him.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
Message to the H. C. for a Conference about it.
To desire a present Conference, by a Committee of
both Houses, touching the Lord Lieutenant's Journey
The Lord Lieutenant is to speak at this Conference
what his Lordship said here this Day: And the Earl
of Holland to express the Sense of this House upon it.
Sir George Clark's, Sheriff of London, Petition, to know how he is to dispose of Judge Berkley when his Shrievalty expires.
The Petition of Sir George Clarke, Knight, One of
the Sheriffs of the City of London, was read; shewing,
"Whereas Sir Rob't Berkeley, Knight, One of the
Judges of His Majesty's Court of King's Bench, was,
on the 12th of February, 1640, committed by your
Lordships to the Custody of Jo. Towse, Alderman,
and then One of the Sheriffs of London:
"And whereas Alderman Towse being, on the 28th
of September, 1641, to go out of his Office of Sheriff,
the said Sir Rob't Berkly was, by your Lordships Order, transferred over to the Custody of your Petitioner, being then to succeed in the said Office.
"Your Petitioner's Time of Shrievalty is to expire
on the 28th of this present September, 1642.
He most humbly desireth to know your Lordships Pleasure, how he shall dispose of the said
Sir Rob't Berkley, at the Time of his going
out of his said Office. And, as bound, shall
ever pray, &c."
Justice Berkley to remain with him.
Upon this, it is Ordered, That Mr. Justice Berkeley
shall remain with Sir George Clarke, Knight, under the
same Restraint as now he is.
Lady Hastings versus Mr. Poulton.
Next, the Counsel of both Sides were heard, in the
Cause of the Lady Hastings, against Henry Poulton and
The Petition was read. (Here enter it.)
The Answer of Mr. Poulton was read. (Here enter it.)
Mr. Chute opened the Particulars of the Petition.
A principal Complaint was, "That Sir Arch. Dowglas
was not Compos Mentis, and so not of a disposing
Mr. Herne offered these Particulars to their Lordships
"1. Whether a Femme Covert, in Behalf of another
Femme Covert, may be admitted to sue without the
Consent of the Husband, he living.
"That this was against the Foundation and Grounds
of the Common Law, 19 Ed. I. Wayland's Case in
Parliament. All the Judges in England were advised
with in this Case, that it was contrary to the Grounds
of the Common Law of England."
The Judgement of this House was demanded herein
before the further Proceedings.
Mr. Chute replied, "That an Answer (fn. †) is put in already, and now this Objection comes too late."
Second Case offered was, "Whether it is proper for
this House to hear the Trial, whether Sir Archibold
Dowlgas be a Non compos Mentis."
Interrupted by a Message, the Counsel and Parties
A Message was brought from the House of Commons, by Sir Wm. Armin, Knight and Baronet:
Message from the H. C. for the Lords Concurrence in the following Particulars.
To desire their Lordships Concurrence in these Particulars following:
1. A Declaration for the speedy sending away of the
Soldiers of Horse and Foot. (Here enter it.)
2. That the House of Commons agrees with their
Lordships in the Alterations in the Articles with the
Scotts, for the sending of Men into Ulster.
(Here enter them.)
3. An Order for the Payment of One Hundred
Pounds to Ann Viscountess Baltinglas. (Here enter it.)
4. To desire Concurrence in the Nomination of
Thomas Culpepper, of Stevens, (fn. *) to be a Deputy Lieutenant for the County of Kent.
And Tho. Elmes, and
||To be Deputy Lieutenants for the County of North'ton.|
Jo. Cleypole, Esquires,
That this House agrees in all the Particulars of this
Lady Slyngsby versus Sir F. Fortescue.
Ordered, upon the Petition of the Lady (fn. †)
That Sir Faithfull Fortescue shall put in his (fn. ‡) Answer to
the Lady (fn. †)
Slyngsby's Bill in the Chancery, before he depart this Town.
A Message was brought up from the House of Commons, by Sir Henry Mildmay, Knight:
Message from the H. C. to sit P. M.
That, in regard of some weighty and (fn. §) important Business, the House of Commons have resolved to fit this
Afternoon; and they desire this House to fit likewise.
Ordered, That this House shall fit this Afternoon, at
Four a Clock.
The Answer was returned as abovesaid.
Countess of Newport, a Pass to France.
Ordered, That the Countess of Newport shall have
a Pass, to travel into France, with her Coach and Six
Horses, and Twelve Servants.
The Messengers return with this Answer from the
House of Commons:
Answer from the H. C.
That they will give a present Conference, in the Painted
Chamber, as is desired.
The Lords went to the Conference.
Order to send the Soldiers to the Rendevouz.
"Whereas divers Regiments of Foot and Troops of
Horse have long since been listed, in the Army raised
by the Parliament, for the Defence of the King and
Kingdom, under the Command of Robert Earl of
Essex, of which some are not marched away to the
Rendezvous according to their Duty, and others are
not of sitting Numbers for Service, yet all receive
Pay, to the great Charge of the Kingdom, and, by
this their Neglect, do great Prejudice to the Public
Cause, in which Religion, Law, and Liberty, are so
much concerned: It is therefore Ordained, and Declared, by the Lords and Commons in Parliament assembled, That such Regiments of Foot as consist of
Four Hundred Men or more, and Troops of Horse
as consist of Forty or more, shall, within Forty-eight
Hours after Publication hereof, march toward the
Place where they shall understand the Lord General
to be, except by special Order they be directed to any
other Place; and they shall not stay by the Way longer
than for their necessary Refreshment.
"And such Regiments or Troops as shall fail herein,
or shall not consist of such Number as is before
specified, that is to say, a Regiment of Foot of Four
Hundred, and a Troop of Horse of Forty, shall be
cashiered, and also liable to such further Punishment
as, upon Examination of the Cause of their Failing
and Neglect, shall be found that they have deserved;
and the Common Soldiers of such Regiment, or Troop,
so cashiered, shall be disposed of, for the filling up
and recruiting of others.
"Yet, in regard the Captains of some Regiments,
which have not the Number of Four Hundred, may
have been careful to raise and compleat their own Companies, and that there is no Reason they should suffer
for the Default of others, either the Colonel or other
Captains that have not been so careful: It is thought
fit, That such Captain of any Regiment now to
be cashiered as shall have his Company compleat,
(fn. *) shall be continued in his Entertainment, together with
his Company, and shall march unto the Place where
the Lord General shall be, to be disposed of by him
in any other Regiment, or otherwise employed as his
Lordship shall think fit.
"And it is further Declared, That the Regiments
of Colonel Essex and Colonel Ballard shall not be understood to be within this Order, in regard both those
Colonels have been, and yet are, employed in the Service of the State, and their Absence may be a Cause
that their Regiments are not in that Forwardness that
otherwise they would have been; but they are hereby
enjoined, with all possible Speed, to march unto the
"Die Veneris, 23 Septembris, 1642.
Order for 100 l. to Lady Baltinglas.
"Upon the humble Petition (this Day read in the
House of Commons) of Anne Viscountess Baltinglasse:
It is Ordered (upon the Question), by the said
House, That the Receivers of the Contribution-money for Ireland shall pay unto the said Lady Baltinglasse the Sum of One Hundred Pounds, out of the
Monies that comes in upon the said Contributions,
next after that the Sum of Three Thousand Pounds
shall be come in, formerly Ordered to be sent into
Ireland, for Relief of the Poor there.
"H. Elsynge, Cler. Parl. Dom. Com."
"Die Sabbati, 6 Augusti, 1642.
Amendments in the Scots Treaty, for sending Men to Ulster.
"To the Amendments in the Third Article and
Tenth Article, the Lords do agree; and that the
Words ["and Parliament of England"] in the Sixth
Article shall stand.
"In the Twelfth Article, the Words ["and Parliament of England"] to stand; and the Words ["His
Majesty"] shall stand, with this Addition ["and both
Houses of Parliament"].
"The Words ["His Majesty"] shall stand, with
these Words ["and them"] added.
"And the Amendments in the Twelfth Article are
agreed to, so the Thirteenth Article passed, and these
Words added in the Twelfth Article ["and both
Houses of Parliament"].
"Die Sabbati, 6 Augusti, 1642.
"It is provided and agreed, That, at any Time after
the Three Months now agreed upon for the Entertainment of the Scotts Army shall be expired, and that
the Two Houses of Parliament, or such Persons as
shall be authorized by them, shall give Notice to the
Council of Scotland, or the Lord Chancellor there,
that, after One Month from such Notice given, the
said Two Houses of Parliament will not pay the said
Scottish Army now in Ireland any longer, then the
said Two Houses of Parliament shall not be obliged
to pay the said Army any longer than during the said
Month, any Thing in this Treaty contained to the
(fn. †) The House is adjourned till Four a Clock this Afternoon.
[ (fn. *) Post meridiem.]
The Lord Grey de Warke is appointed to be
Speaker this Day.
Delinquents sent for, for not restoring Civet's Goods.
The Persons that were sent for, for disobeying the
Order of this House, for not delivering the Goods which
were taken from Mr. Civett:
Tho. Pitt, James Wheeler, Jo. Snape, George Plumpton, Tho. Battin, Jo. Lyvinge, and Tho. Punter.
Their Petition was read; shewing, "That, Mr.
Civett's House being plundered by the Soldiers, they
bought the Goods of the said Civett."
To restore them, and pay Fees.
Ordered, That they shall restore the Goods, pay
Fees, and then be released.
Mountague's Complaint of not having his Goods restored according to Order.
Upon reading the Petition of Barth. Mountegue, complaining, "That one Mr. Vause refused to deliver to him
his Goods which were taken from him; and the Order was slighted; saying, it was no perfect Order."
Mr. Voyce said, "According to an Order of the
Lords and the House of Commons, to give him
Power to disarm Recusants, he disarmed Mr. Mountegue, and took away Nine Swords and other Things
from him, and gave him a Note of them, and he
carried them to Yeildhall; but he denied that he
slighted the Order."
To be restored.
They withdrew, and the House took the Cause into
Consideration; and Ordered, That the Goods shall
be restored to Mr. Mountague, in whose Hands soever
they are; and Mr. Voyce to be released.
Message from the H. C. with the Declaration to The States General;
A Message was brought from the House of Commons, by Mr. Pym; who brought up a Draught of a
Declaration, which is to be sent to Mr. Strickeland, to
be presented to The States of Holland, for the Respects
they shewed to this State; together with an Order to
authorize Mr. Strickland to present it.
They desire their Lordships Concurrence herein.
and for the Convent of Capuchirs at Denmark House to be dissolved.
2. The House of Commons renews a former Desire
to this House, That the Capuchins at Denmarke House
may be removed and sent away, and the Convent dissolved and demolished.
This House will take this into further Consideration.
The Declaration was read; and agreed to.
(Here enter it.)
Mr. Strickland to present the Declaration to The States General.
Ordered, That this Declaration be sent to Mr.
Strickland; and that he be hereby authorized and directed to present the same, from both Houses of Parliament, to The States of the Province of Holland.
The Answer returned to the Messengers was:
Answer to the H. C.
That this House agrees in the Declaration to be sent
to Holland; but will send them an Answer, by Messengers of their own, concerning the Capuchins.
The Declaration of both Houses sent to The States of Holland.
"We, the Lords and Commons assembled in the
Parliament in England, do, with much Contentment,
take Notice of the good Affections expressed by the
Lords The States of the Province of Holland to the
Peace of this Nation, and to increase and confirm the
Union betwixt this Kingdom and the High and
Mighty Lords The States General of the United Provinces, according to the Desires of the Parliament,
expressed in their Declaration lately presented to their
Lordships, especially in that Particular which concerns the Restraint of Men, Munition, Arms, and
Shipping, endeavoured to be brought from thence, to
the Nourishment and Maintenance of the unhappy
Differences between the King and His loyal Subjects
here, and wherein we understand they have been so
friendly and respective as to take away the Pass made
to a Ship laden with Ammunition, intended to be
sent into England with Prince Rupert, and to stop
divers Soldiers which should have been brought
over by Captain Lloyd: For all which, we give them
hearty Thanks; and hope they will continue the
same Care concerning some Ships of War (as we
are informed), bought and provided, in His Majesty's
Name, to be employed against this Kingdom; and
that, if there be any Ships designed for the transporting of the Queen, they will please so to provide that,
under that Pretence, no Soldiers or Ammunition be
brought over, to our farther Disturbance; which,
pray them to be assured, will be taken as a very acceptable Effect of their Love to this Nation, and requited with all friendly Offices, for the Good and Prosperity of that Province, and of all the rest of The
United Provinces, which we reckon as a chief Interest
of this Kingdom to be procured and defended by us,
as of a State united to us by the streightest Bands of
Religion and Civil Policy."