House of Lords Journal Volume 4
29 April 1640

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History of Parliament Trust

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1767-1830

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71, 72, 73

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'House of Lords Journal Volume 4: 29 April 1640', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 71-73. URL: http://british-history.ac.uk/report.aspx?compid=35436 Date accessed: 22 October 2014.


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DIE Mercurii, 29 die Aprilis,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt :

p. Archiepus. Cant.
Archiepus. Eborum.
Epus. Dunelium.
Epus. Winton.
Epus. Wigorn.
p. Epus. Cestriæ.
Epus. Lincoln.
p. Epus. Sarum.
p. Epus. Co. et Lich.
p. Epus. Glouc.
p. Epus. Exon.
Epus. Norwicen.
Epus. Carliol.
p. Epus. Asaphen.
p. Epus. Bath. et Wells.
p. Epus. Oxon.
p. Epus. Hereff.
p. Epus. Elien.
p. Epus. Meneven.
p. Epus. Bristoll.
p. Epus. Bangor.
p. Epus. Roffen.
p. Epus. Cicestren.
p. Epus. Petriburg.
p. Epus. Landaven.
p. Ds. Finch, Ds. Custos Magni Sigilli.
p. Epus. London. Ds. Thesaur. Angliæ.
p. Comes Manchester, Ds. Custos. Privati Sigilli.
p. Marchio Winton.
p. Comes Lindsey, Magnus. Camerarius Angliæ.
p. Comes Arundell et Surr. Comes Marescallus Angliæ, et Senesc Hospitii.
p. Comes Northumbriæ, Mag. Admirall Angliæ.
p. Comes Pembrooke, Camerar. Hospitii.
Comes Salop.
Comes Kanc.
Comes Derby.
Comes Wigorn.
p. Comes Rutland.
Comes Cumbriæ.
Comes Sussex.
p. Comes Huntington.
p. Comes Bathon.
p. Comes South'ton.
p. Comes Bedford.
p. Comes Hartford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
Comes Suff.
p. Comes Dorset.
p. Comes Sarum.
Comes Exon.
Comes Somerset.
Comes Bridgewater.
Comes Leicester.
p. Comes North'ton.
p. Comes Warwiciæ.
p. Comes Devon.
p. Comes Cantab.
p. Comes March.
Comes Carlile.
p. Comes Denbigh.
p. Comes Bristoll.
Comes Midd.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrooke.
Comes Westmerland.
p. Comes Berkes.
p. Comes Cleveland.
Comes Moulgrave.
Comes Danby.
p. Comes Mounmouth.
Comes Marleborough.
p. Comes Rivers.
p. Comes Newcastle.
Comes Dover.
p. Comes Petriburgh.
Comes Standford.
Comes Kingstone.
p. Comes Carnarvon.
p. Comes Newport.
Comes Chesterfeild.
p. Comes Thanet.
p. Comes St. Albanes.
p. Comes Portland.
p. Comes Strafford.
Vicecomes Mountague.
Vicecomes Purbecke.
p. Vicecomes Say et Seale.
Vicecomes Conway.
p. Vicecomes Campden.
p. Ds. Mowbray.
p. Ds. Clifford.
Ds. Abergavery.
p. Ds. Audley.
p. Ds. Strange.
Ds. Berkeley.
Ds. Morley et Mount.
Ds. Dudley.
Ds. Stourton.
Ds. Vaux.
Ds. Windsor.
Ds. Cromewell.
Ds. Evre.
p. Ds. Wharton.
p. Ds. Willoughby de Par.
p. Ds. Paget.
Ds. North.
Ds. Gerrard.
Ds. Stanhope.
Ds. Arundell de War.
p. Ds. Kimbolton.
p. Ds. Newneham Paddox.
p. Ds. Brooke.
p. Ds. Mountague de Bough.
p. Ds. Gray de Warke.
p. Ds. Deincourt.
p. Ds. Robertes.
Ds. Croven.
p. Ds. Lawconberge.
p. Ds. Lovelace.
p. Ds. Pawlet.
Ds. Harvey.
Ds. Brudnell.
p. Ds. Mainord.
p. Ds. Coventrie.
p. Ds. Howard de Esc.
p. Ds. Goreing.
Ds. Mohun.
p. Ds. Savile.
Ds. Botiler.
p. Ds. Dunsmore.
p. Ds. Powis.
p. Ds. Herbert de Cher.
p. Ds. Cottington.

PRAYERS.

Managers to prepare the Report.

Moved, That the Lords that were appointed to assist the Lord Keeper, to report the Conference from the House of Commons, might retire themselves, to examine and perfect their Notes concerning the Report.

Hereupon the House was adjourned during Pleasure, and, after the Lords had conferred a while, they re turned into the House, and the House was resumed.

The Lord Keeper reported the Conference with the House of Commons Yesterday, to this Effect.

Conference of Yesterday reported.

"Mr. Pym did say, He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to represent to your Lordships their Desire and Care to preserve a Union and Correspondence with your Lordships, which may not only express the Honour and Respect which they bear to this illustrious Body of the Nobility, and the Great and High Court of Peers, but may be effectual to give Expedition to both Houses, in those great and urgent Affairs for which His Majesty was pleased to assemble this Parliament.

"The great Privileges belonging to this High Court of Parliament are not airy, and Matters of Pomp, but have in them Reality and Efficacy; whereby this Great Council of the Kingdom is enabled to perform all those Noble Functions which belong to them, in respect of the I egislative Power and Consiliary Power, and as they are the Great and Highest Court of Resort and Judicature in the Kingdom; and these Privileges have been ever dear, and, he hoped, shall be, to both Houses.

"As there are general Privileges belonging to the whole Body, so there are others more peculiar, belonging to either House; and of these the House of Commons shall be ever tender :

"For the Court of Parliament is not only a Rule, but a Fountain of Order, and, if any Confusion should be brought in here, there would be Danger it might from hence be derived to other inferior Jurisdictons of the Kingdom.

"Among these peculiar Privileges, there is one great Privilege, which was acknowledged by your Lordships in the last Conference, That the Matter of Subsidy and Supply ought to begin in the House of Commons This (he said) he had no Directions to go about to prove by Argument or Precedent, because it was admitted by your Lordships The House of Commons do not conceive you vary from your Jus tice, or from your good Intentions to them, though, in the Proceedings of that Conference, your Lordships have been transported beyond the Grounds which your Lordships had set to yourselves.

"Your Lordships, in the last Conference, have been pleased to affirm, that the Matter of Subsidy and Supply naturally belonging to the House of Commons, your Lordships would not meddle with it, no not so much as to give Advice; yet after you were pleased to declare, that you have voted in your Lordships House, That it was most necessary and fit, that Matter of Supply should have the Precedency of all other Business; and this being done, your Lordships would freely join with them in all Things, concerning Matter of Religion, Propriety of Goods, and Liberty of Parliament.

"Now, my Lords, if you have voted this, you have not only meddled with Matter of Supply, but, as far as in you lies, have concluded both the Matter and Order of Proceeding, which the House of Commons takes to be a Breach of their Privilege; for which he was commanded to desire Reparation from your Lordships."

"He said, The House of Commons hath not directed him to propound any Way of Reparation, not doubting but your Lordships Wisdom and Justice will find out a Way to make up this Breach, and to provide that this Precedent may not be prejudicial to the House of Commons for the future.

Indemnity of the Commons.

"He said, He was further commanded to let your Lordships understand, that, from the Enumeration of those Three Particulars, Religion, Propriety of Goods, and Privilege of Parliament, the House of Commons do collect, that your Lordships have taken Notice of some Proceedings in their House concerning those Particulars, which is a Breach of another great Privilege of that House, solemnly established in Parliament, and called the Indemnity of the Commons. Whereupon they have commanded him to desire, That, for better maintaining of a good Understanding between both Houses, your Lordships would forbear to receive any Information, from any whatsoever, concerning the Proceedings and Conclusions in the House of Commons, till they shall be brought to you by themselves; not doubting but all their Resolutions shall be such as shall manifest to your Lordships, and to the whole World, their Zeal, and faithful Endeavours, to maintain the Greatness and the Lustre of His Majesty's Throne, the Safety and Prosperity of the Kingdom, and the Comfort and Contentment of both Houses."

After the Lord Keeper had delivered the Report, for the freer Debate of the Business, the House was adjourned into a Committee, during Pleasure.

And, after a long and serious Debate, and Consideration of that Business, the House was resumed, and it was Agreed, That the Question should be put, Whether the Lords had broke the Privileges of the House of Commons, by their former Vote; and, upon the Question, it was Resolved, by the major Part of the Votes, thus: "That, by their Lordships first Voting (We are of Opinion that the Matter of His Majesty's Supply should have Precedency, and be resolved of, before any other Matter whatsoever), was no Breach of the Privileges of the House of Commons."

Roll of Fees.

This Day the Earl of Warwicke reported to the House, the Roll of all the Officers ancient Fees of this House, from the Lords of the Grand Committee, and appointed to be read in the House some other Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Jovis, instantis Aprilis 30m, hora nona Aurora, Dominis sic decernentibus.