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 Sabbati, vicesimo Martii,1640.
ORDERED, That the Committee for licensing the Printing of Books do meet this Afternoon, at Two of Clock, in the Council-chamber of the Court of Wards.
Ordered, That the humble Petition of Sir Hamond Le Strange, and of the Inhabitants of the Town of Holme, be referred to the Committee for Dr. Tomson and the Fens.
Ordered, That the humble Petition of the Inhabitants of the Town of Thornham, in the County of Norfolk, be likewise referred to the Committee for Dr.Tomson and the Fens.
Petition against a Member.
The humble Petition of Wm. Widucere, Gentleman, on the Behalf of himself, and divers others, complaining against Tho. Lane, Esquire, a Member of this House, was this Day read, and avowed by the Petitioner; and ordered, that it be referred to the Committee for the Judges.
Ordered, That Serjeant-major Yoward, who was formerly sent for, as a Delinquent, by the Serjeant at Arms attending on this House, shall, upon his giving good Security to appear de die in diem, at such Times as the House, or the Committee appointed for his Business, require, be bailed.
1a vice lecta est Billa, An Act for suppressing and destroying all Turkish, Moorish, and other Pirates.
3a vice lecta est Billa, An Act for the Limitation and Abbreviation of Michaelmas Term; and, upon the Question passed.
Trial of Earl of Straford.
Ordered, That the Earl of Straford's Committee of Thirteen shall have Power to manage the Evidence, in such Manner as they themselves shall think fit to manage the same, at the Trial of the Earl of Straford.
Ordered, That Mr. White and Mr. Prideaux be appointed to take Notes of the Passages at the Trial of the Earl of Straford; and to report them to the House, if Occasion be: And that the Committee shall have Power, if Occasion be, to make use of Two more, such as they shall think fit, though they be not of the House.
Moved, from the Earl of Straford's Committee, That it would please the House, to give a fair and candid Interpretation of the Committee's Labours and Endeavours in this Business.
Upon Sir Jo. Culpeper's Report from the Committee that was appointed to view the Place, and to regulate the Order and the Manner of the Committee of the House coming, and being there,
It was Ordered,
1. That the Members of the Commons shall sit together, without Intermixture of any others, in that Place which is prepared for them:
2. That, in respect of the Inconveniency of it, the Members shall not come to meet at the House on Monday Morning, but come directly to the Place of the Trial:
3. That, for the well-ordering of the Business, the same Committee, with the Addition of Mr. Perd, shall be present at the several Doors at the Entrance of the Place appointed for the Members of the House, by Six of Clock; and are directed and required by the House, to admit none, but such as shall bring Tickets of their Names, and the Places for which they serve; and that none of the Members of the House shall be admitted to come in, before those that are appointed to attend at the Doors shall come; and that, if any, either Stranger, or Member of the House, shall offend this Order, those who are appointed to attend this Service shall report it to the House.
And it is farther Ordered, That all of the House shall be there by Eight of Clock at the farthest; and that such Places shall be reserved for them who shall attend this Service, as they shall find to be most proper and convenient for them.
4. Ordered, That the Serjeant at Arms shall attend within the Court, and his Men without, to be employed in such Service, as they who manage the Evidence shall appoint.
He farther reported, That the Speaker might be present, in some private Place, and as a particular Member of this House, but the Committee doth not think fit, that the House shall declare any Order in it.
Touching the Members of the House being covered at the Trial, the Committee thinks it not fit for them to deliver any Opinion; only they offer the Difference, that may be, when both Houses meet, or Committees of both Houses, and the present Case; where the Lords are to meet as a House, and the Commons as a Committee of their House.
House to sit.
Resolved, upon the Question, That the House shall sit this Afternoon; and shall meet at Two of Clock.
Mr. Bellassis went up to the Lords with this Message;
Lords to sit.
To desire their Lordships, that in regard this House is much streightened in Time, and hath great Affairs in hand, and will sit this Afternoon, and may have Occasion of a Conference with their Lordships, that they will please to sit likewise.
Earl of Straford's Witnesses.
The humble Petition of Tho. Earl of Straford was this Day read; wherein he desires, that he may make use of some Members of this House, nominated in his Petition, as Witnesses at his Trial.
The House leaves those Members, nominated in the said Petition, to do therein as they shall please, without thereby giving any Offence to the House.
Lords to sit.
Mr. Bellassis brings Answer, that their Lordships intend to sit this Afternoon, as is desired.
Ordered, That Mr. Jo. Cravon, a Member of this House, shall pay in to Sir Wm. Uvedale, towards the Relief of the King's Army, the Thousand Pounds he voluntarily lends to the Service of the House; and that an Acquittance, under Sir Wm. Uvedale's Hand, shall be a sufficient Discharge for him, for the Receipt thereof.
ORDERED, That so soon as the Lords are set, and that the House is fuller, a Message shall be sent to the Lords, to desire a free Conference, concerning the Savings.
Trial of Earl of Straford.
Mr. Martin is to go up to the Lords, to desire a free Conference with their Lordships, by the same Committee, that was formerly appointed, touching the Matter of the last free Conference, concerning the Trial of the Earl of Straford.
Mr. Treasurer, Sir Jo. Culpeper, Mr. Nath. Fines, Mr. Hollis, Mr. Hide, Sir Jo. Hotham, Mr. Crew, Sir H. Vane, Mr. A. Goodwyn, Sir Ph. Stapleton, Sir Edw. Hungerford, Mr. H. Bellassis, Mr. Hampden, Mr. Cage, Mr. Strode;
This Committee is presently to retire into the Court of Wards, to prepare Heads for a Conference to be desired with the Lords, about the Business of the Paper, that came from the Lords at the last Conference, and the Consequences that depend upon it; and concerning the King's Army.
Ordered, That those Members of the House, that are appointed to manage the Evidence at the Trial of the Earl of Straford, shall have Power, if any Witnesses be produced for the Earl, to ask, if they have been sworn; and, if it shall appear, that they have been sworn, or if any shall be sworn at the Bar, to forbear to proceed any farther in the Managing of their Evidence, until they have resorted unto the House, and have received farther Order from * *
Mr. Martin brings answer from the Lords, that their Lordships will give a present Meeting, by the same Committee, as is desired.
All the Orders, that concern the Proceedings against the Earl of Straford, are required to be copied out, for the Service of that Committee.
Mr. Whittlock carried up, to the Conference, the Protestation and Savings of the House of Commons, according to the Order of 16° Martii.
Farmers of Customs.
Ordered, That the Committee for the Customers shall have Power to examine the latter Grants in King James his Time, by which the great Farm, and petty Farms, are let out to Farmers; and also have Power to send for the said Patents.
Bishop of Ardagh.
A Letter from Sir Rich. Bolton Knight, Lord Chancellor of Ireland, and Speaker of the Lord's House there, directed "To Mr. Speaker of the House of Commons in England," on the Behalf of the Bishop of Ardagh, who is summoned to attend here, and is a Member of the Lords House there, was this Day read; and ordered to be referred to the Committee for Irish Affairs.
Ordered, That no Petition, nor any other new Matter, be received into the House for this Month, unless it be public or private Bills.
Ordered, That the Committee for scandalous Ministers do prepare and draw a Bill against scandalous Ministers, and present it to the House: And they are to take That into Consideration, which has been offered concerning Commissions to be sent into the several Counties to examine Scandals in Ministers: And That Committee is to entertain no new Business.
Business before Committees.
Ordered, That those Gentlemen, that sit in the several Chairs, shall, with the Assistance of the Committees, consider what Businesses are of most publick Concernment; and proceed in them, and lay aside all others, till those be perfected, and presented to the House.
Ordered, That a Warrant issue, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ, for Electing of a Knight to serve for the County of Devon, in the Room and Stead of Mr. Wise, formerly chosen to serve as One of the Knights for that County, and since deceased.
Ordered, That it be referred to the Committee for the Judges, to consider of the Judgment in the Exchequer concerning Knighthood-money; and likewise to consider of the Matter of Escuage; and to present the Inconveniencies of them to the House.
Sir Jo. Strangewayes, Mr. Mallory, Sir Simonds D'Ewes, and Mr. Philip Smyth, are added to that Committee.
Supply for the Army.
Mr. Hide reports from the Committee appointed to draw up Heads for a free Conference to be desired with the Lords, concerning the Paper that came from the Lords at the last free Conference; and concerning the King's Army; in hæc verba;
The House of Commons, upon Consideration of the Paper last sent down from their Lordships, touching the Affairs of both Kingdoms, are very sensible both of the Extremity and Sufferance of the Scotts Army, and the Two Counties wherein they are, for want of Money and Supply expected from hence; and of the King's Army, and the County of Yorke, in which that is, under the same Extremity: The House of Commons have used their best Endeavours, both for the Prevention and Removal of these Mischiefs; and to that Purpose hath passed an Act for the Levying of Four Subsidies; and, finding That Supply not to be sufficient for the present Occasions, have since voted, in their House, Two Subsidies more: Upon the Computation of these Six Subsidies, they suppose the Sum, to be raised thereupon, will amount to above Three hundred thousand Pounds.
The Money already raised by the House upon their Credits, and disbursed for those Employments, amounts.. One hundred Seventy-five thousand Pounds; so that, if their Computation upon the Whole, fail not, there remains still, of the Six Subsidies, above One hundred and Twenty thousand Pounds. There have been no Ways left unattempted, we could possibly think of, for the Providing of present Money; but cannot find any, which is likely to answer the Urgency and Necessity of the Occasion. Since it appears, there remains of the Six Subsidies, towards the present necessary Disbursements, above One hundred and Twenty thousand Pounds; and the present providing the same so much concerns the Welfare and Subsistence of the whole Kingdom; we desire their Lordships to advise, what is to be done in this great Exigent, for the Safety of the Kingdom.
Resolved, upon the Question, That this Report from the Committee shall be the Ground of the Conference to be desired with the Lords.
Mr. Hide is to manage this Conference.
Sir Hugh Cholmeley went up to the Lords with this Message;
To desire a free Conference with their Lordships, concerning the Paper that last came from the Lords, concerning the Affairs of both Kingdoms.
Sir Hugh Cholmeley -, that the Lords will give a Meeting presently, as is desired.
Mr. Serjeant Wilde reports from the Committee for Tonage and Poundage, some Matters that concern the Setting forth of a Fleet this Year.
Nothing was done upon this Report, more than the Recommitting of the farther Consideration of the Ways of setting forth a Fleet to the same Committee.
House to sit.
A Message from the Lords, by Serjeant Whittfield and Sir Edward Leech;
The Lords do intend to sit on Monday next in the Afternoon, concerning the Business of the late Conference; and do desire, that this House would do the like, if it may stand with their Conveniency.
Answer returned by the same Messengers, that this House has taken their Lordships Message into Consideration; and resolves to sit on Monday next in the Afternoon.
Ordered, That the Committee for the Bill of Tonage and Poundage do meet on Monday Morning next, at Seven of Clock, at Mr. Treasurer's Chamber at Whitehall; to confer and treat farther with such as they shall think fit, concerning the Occasions of the Navy.
Privilege of a Witness.
Ordered, That Edw. Nicholson, who, by a Warrant from the Committee for the Fens, was sent for up to witness in a Cause depending before that Committee; and, since his coming up, is arrested upon a mesne Process, and carried to the Prison of the Computer in Wood-street; be forthwith discharged from his Imprisonment.