Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Martis, 8 Decembr. 1640.
Leave of Absence.
SIR Roger North has Licence to be absent from this House for a while, upon some great Occasions of his own.
Petition against Anguish.
The humble Petition of Edward Colfer, Esq; Counsellor at Law, read; and it was thereupon ordered, That Mr. John Anguish, late Mayor of the City of Norwich, complained of in the Petition, be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House.
Wednesday Morning is peremptorily appointed for the Debate of the New Canons, and the Benevolence granted by the Clergy; and nothing is to precede this Debate: And Mr. Speaker is to put the House in mind of this Order, so soon as he is in the Chair.
Leave of Absence.
Mr. Framlingham Gawdy, by reason of Indisposition of Health, has Licence to be absent for a Fortnight, or thereabouts.
Resolved, upon the Question, That the Election of the Knights of the Shire for the County of Buck shall not be questioned this Parliament.
Mr. Hampden, chosen One of the Knights of the Shire for the County of Buck', and also One of the Burgesses for Wendover in the said County, chooses to serve as Knight for Bucks, and waves Wendover:
Ordered, A Warrant to issue forth, under Mr. Speaker's Hand, to the Clerk of the Crown in Chancery, for a new Writ, for the Electing of another Burgess for Wendover:
Mr. Maynard, chosen for Newport and Tothnes, waves Newport, and chooses to serve for Tothnes:
A Warrant to issue under Mr. Speaker, according to Custom, for Electing of a Burgess to serve for Newport.
Mr. Maynard, reports from the Committee for Privileges, That the Question did arise between Mr. Brampton Gurdon, who pretended he was chosen, though not returned, and Sir Ro. Craine, who was returned a Burgess for the Town of Sudbury Com. Suffolk -heard Witnesses on both Sides; and the Committee was satisfied with the Witnesses on Sir Ro. Craine's Behalf; and are of Opinion, he is duly elected.-
New Windsor Election.
Further reports, That there was a Competition between Sir Tho. Roe, and Mr. Waller, who were returned Burgesses for New Windsor, and Mr. Holland and Mr. Taylor (who is since dead) who pretend they were elected, though not returned:-Question was, Whether the Inhabitants in general, or the particular Choice of Mayor, Bailiffs, and some few of the Town, should have Power of Election.-This Place was incorporated by the Name of Mayor, Bailiffs, and Burgesses, in Edw. the IVth's Time.- Sir Tho. Row, and Mr. Waller, were chosen by the Mayor, and special Officers.-In Ed. IVth's Time, and H. VIIIth's Time, the Return was made by the Mayor, Bailiffs, and Burgesses; but of later Time, Return hath been made by Mayor, Bailiff, and Commonalty.-The Charter being an Incorporation of Inhabitants; the Inhabitants of Right ought to choose, and not the special Men.
Upon this Report it was
Resolved, upon the Question, That the Election of Sir Rob. Crane. for One of the Burgesses for Sudbury in the County of Suffolk, is a good Election.
Resolved, upon the Question, That all the Inhabitants of the Borough of Windesor have all generally Right to the Election of Burgesses to serve for that Town in Parliament.
Resolved, upon the Question, That the Election of Mr. Holland, for One of the Burgesses for the Town of Windesor, is not good.
Ordered, That a Warrant issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ for the Election of Two Burgesses to serve in this Parliament for the Town of Windesor.
Propriety of the Subject.
Ordered, That the same Committee, that was formerly appointed to consider of the Propriety of the Subjects in their Goods, shall take into Consideration some Way of seeing the entring, upon Record here, the several Commissions for Loans, and Excise, and the Resolutions of former Parliaments thereupon; and the Addition that was offered by the Lords to the Petition of Right, and the Resolution of the House thereupon; and also the Resolutions of those several Questions proposed here, concerning Ship-money; that they remain fair to Posterity: And it is referred to the same Committee, to make a Preparation of the Vote of this House, passed here, concerning Ship-money, to be transferred up to the Lords: And the same Committee is to consider of, and prepare a Charge against the Lord Keeper, and the rest of the Judges, that gave their Opinion touching Ship-money; and also to take into their Consideration their extrajudicial Opinion, and the Judgment, in the Ship-money: And they are to inquire of the several Denials of Habeas Corpus, and Frohibitions; and their several extrajudicial Proceedings and Opinions concerning Ecclesiastical Jurisdictions, and the Court of Admiralty; and their Denial of legal and ordinary Proceedings in Cases of Justice; and the Binding of the whole Kingdom by any One Man's particular Case: And they have Power to send for Parties, Witnesses, Papers, Records, or any thing else, that may conduce, either to the Whole, or to any Particular, of this Business; and are to present the State of the whole Matter to this House; and are to meet this Afternoon, at Two of Clock in the Exchequerchamber.
Mr. Treasurer, Sir Tho. Roe, Mr. Strode, Mr. Jane, Sir Ed. Hungerford, Sir Ra. Hopton, Sir Hugh Cholmeley, Sir Jo. Hotham, Sir Tho. Barrungton, Sir Peter Hayman, and those Sixteen, that were Yesterday appointed to confer with the Judges, are likewise added to this Committee.
Ordered, That Mr. Palmer be added to the Committee for Forests.
High Constable and Earl Marshal's Court.
Ordered, That the Committee for the High Constable and Earl Marshal's Court, now sine Die, do meet Tomorrow in the Afternoon in the wonted Place: And that all the Lawyers of the House be added to this Committee.