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 Jovis, 20 Maii, 1641
Privilege- Contemptuous Words.
ORDERED, That Rich. Awdesley be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for divers contemptuous Words, spoken by him against this House; and, in particular, he (being served with a Warrant under the Hand of Mr. Glyn, to appear at the Grand Committee for Grievances) said, "That he cared not for the Parliament; the Parliament should come to him, for he would not come "to the Parliament:" Who accordingly failed to appear according to the Warrant.
Testimony hereof was given to the House, by John Holdesworth and Samuel Brooke.
12 vice lecta est Billa, An Act for Confirmation of his Majesty's Letters Patents to the Town of Plymouth, and for the Building of a new Church within the said Town.
Sir John Brooke has an Order granted to send for Witnesses, to appear against Tuesday next.
2da vice lecta est Billa pradicta; and, upon Question, committed unto Sir Rich. Buller, Mr. Waddon, Mr. Wheeler, Mr. Cage, Serjeant Wilde, Lord Faulkland, Sir Sam. Rolle, Mr. Rowse, Mr. Bagshawe, Mr. Rigby, Sir Edw. Aiscough, and all the Knights and Burgesses of Devon and Cornewall: And are to meet on Saturday next at Two post meridiem, in the Court of Wards.
Sir Wm. Litton, Mr.Martin, Sir Jo. Holland, Sir Gilbert Gerrard, Mr. Grimston, Mr. Dutton, Sir Martin Lumley, Colonel Ogle, Sir Wm. Massam, Sir Rich. Buller, Mr. Selden, Mr. Purye, Mr. Bond, Sir Edw. Ascough, Sir Wm. Armyn, Sir Robert Harley, Mr. Bagshawe, Mr. Ashe, Sir Antho. Irby;
These are added to the Committee for lessening Committees : And the several Chairmen of the several Chairs are to inform this Committee what Businesses are before them; and what State and Condition those Businesses are in.
Ordered, That Yeldard Almey Clerk, who is under the Serjeant's Custody, by Warrant from this House, shall be bailed, upon giving good Security to appear at all such times, as this House shall require, to answer such Things as shall be objected against him.
Ordered, That Sir Hen. Anderson, Sir Robert Pye, and Mr. Rowse, be added to the Committee concerning Recusants convict, that are not departed from the Town, according to his Majesty's Proclamation, in that Behalf.
Star-chamber Proceedings - Walker's Case.
Mr. Bagshawe reports Mr. Walker's Case; who was consured in the Star-chamber, for a Sermon preached by him at St. John's the Evangelist, London, October the 14th, 1638.
Resolved, upon the Question,
1. That the Commitment of Mr. Geo. Walker, from the Council-board, for preaching the said Sermon; and his Detainment close Prisoner for the same, by the Space of Twelve Weeks, in Pecher the Messenger's Custody; is against Law, and the Liberty of the Subject.
2. That the Prosecution of the said Mr. Walker, in the Star-chamber, for preaching the said Sermon; and his close Imprisonment thereupon, for the Space of Ten Weeks, in the Gate-house; and the Payment of Twenty Pounds Fees to the said Pechee the Messenger; is against Law, and the Liberty of the Subject:
3. That the Five several Passages in Mr.Geo. Walker's Sermon, marked out to the then Attorney General, Sir John Bankes, contained no Crime; and deserved no Censure; nor he, for them, any Punishment:
4. That the enforcing Mr. Walker to enter into the Bond of One thousand Pounds, for Confinement of Mr. Geo. Walker to his said Brother's House at Cheswicke, and his Imprisonment there, is against Law:
5. That the Sequestration of Mr. G. Walker's Parsonage, by Sir John Lambe, was done without any Warrant, and against the Laws of the Land:
6. That Mr. George Walker ought to be restored to his Parsonage, and the whole Profits thereof, from the Time of the said Sequestration; and to have Reparation for all such Damages, which he hath sustained by those several Imprisonments:
7. That Alvey and Travis, Parishioners of Mr. Walker's Parish, were unjustly troubled and excommunicated, by Sir John Lambe, for refusing to pay Two Shillings and Nine-pence in the Pound; and unjustly put to the Charge of above Sixty Pounds; and deserve Recompence accordingly.
Ordered, That the Committee shall prepare the Transmission of this Cause to the Lords, with all convenient Speed.
Restoring Prinne's Chambers.
Ordered, That the Bench of Lincolne's-Inn shall restore Mr. Prinne to his former Condition in that Society, according to his Antiquity; and to his Chamber there.
Mr. Perd has Leave to be of Counsel before the Lords.
2da vice lecta est Billa, An Act for the Settling and Confirming of certain Lands, in the County of Yorke and Bishoprick of Durham, to Edmund Duncombe Esquire, and Hester his Wife; and, upon Question, committed unto Sir Arthur Ingram, Sir Hen. Anderson, Sir Tho. Widdrington, Mr. Glyn, Sir Edmund Verney, Sir Ralph Verney, SirEdw. Deering, Sir Sam. Owfeild, Mr. Whitloche, Mr. Hampden, Mr. Jo. Coke, Sir Symonds D'Ewes, Mr. Perd, Mr. Wastall, Sir Jo. Evelyn, Mr. Prideaux, Mr. Heblethwaite, the Knights and Burgesses of Yorkeshire, Barwicke, and Newcastle; the Knights and Burgesses of the County of Norfolke: And they are to meet on this Day Fortnight, in the Court of Wards, at Two post meridiem.
Ordered, That the Committee for the Bill of Starchamber to meet this Afternoon at Two, in the Inner Star-chamber.
Ordered, That the Committees for publick Bills be revived; to meet this Afternoon, in their usual Places.
Mr. Bisse was called in ...
Suit against Cowper.
Whereas there was an Order made of the 10th of February, giving Power and Liberty to Mr. Hollis to demand Publication, and proceed in the Suit depending in the Court of Wards, against Sir Anth. Ashley Cowper; the House doth confirm the said former Order: And doth order, that Mr. Hollis shall proceed in his Suit according to that Order: And doth declare, that Sir Anthony Ashley Cowper, the Defendant, hath as yet no Privilege of Parliament, whereby to hinder his Proceedings.
Disbanding the Army, &c.
Mr. Treasurer, Sir John Hotham, Sir Arthur Ingram, Sir Hen. Anderson, Sir Beauchampt St. Johns, Sir John Culpepper, Sir Wm. Widdrington, Colonel Ashburnham, Sir Wm. Armyn, Colonel Ogle, Sir George Dalston, Sir William Lewis, Lord Faulkland, Sir Wm. Carnabye, Sir John Merricke, Sir Dudley North, Sir Patr. Curwyn, Sir Tho. Barrington, Commissary Wilmott, Sir Hen. Bellingham, Mr. Cage, Mr. Ashburnham, Sir Hugh Cholmley, Mr. Peirpoint, Mr. Mallory, Sir Guy Palmes, Sir John Strangewayes, Sir Wm. Strickland, Lord Fairfax, Mr. Martin, Sir Sam. Owfeild, Sir Martin Lomley, Sir Jo. Price, Sir Jo. Holland, Sir Tho. Widdrington, Sir Wm. Litton, Sir Thomas Ingram, Mr. Sutton, Mr. Bellassis, Sir Wm. Allinson, Mr. Blackston, Mr. Waller, Sir Rich. Buller, Sir Edw. Deeringe, Sir Tho. Bowyer, Sir Philip Stapleton, Mr. Glynn, Mr. Hide, Sir Geo. Stonhowse, Sir Phi. Musgrave, Mr. Rogers, Sir Fra. Popham;
This Committee is to meet with a Committee of the Lords, at a free Conference; concerning the Disbanding of the Armies, &c. at Three of Clock this Afternoon.
Committee of both Houses.
Sir Robert Harley brings Answer, that their Lordships have appointed a Committee of Twenty-six, to meet with a Committee of a proportionable Number of this House, to meet presently, in the Painted Chamber, if it may stand with the Conveniency of this House.
Message to Lords.
Sir John Strangewayes is to go to the Lords with this Message;
To acquaint their Lordships, that this House is, at this present, in Agitation of Businesses of great Importance; and cannot conveniently give their Lordships a Meeting at this present; but will give them a Meeting by a proportionable Committee.
Mr. Speaker left the Chair.
Mr. Crew called to the Chair.
The Committee, according to an Order of Yesterday, entered into the further Consideration of the Treaty.
Sir John Strangewayes brings Answer, that their Lordships will give a Meeting at Three of Clock this Afternoon.
Committee of both Houses.
Ordered, That this Committee shall meet the Committee of the Lords this Afternoon, in the Painted Chamber, at Three of the Clock: And shall be a standing Committee; to adjourn themselves, and to meet at all such times, as they shall find the Occasion of the Business shall require.
Mr. Speaker left the Chair: And
Mr. Crue again called to the Chair.
Mr. Speaker resumed the Chair.
Upon Mr. Crue's Report from the Grand Committee,
It was, by the House, Resolved, upon the Question,
1. That the Fourth Article of the Head concerning Peace, shall be again referred unto the Lords Commissioners; to the end this House may hear the Reasons upon it, that it may be further understood.
Resolved, upon the Question,
2. That this House doth think fit, that there should be a mutual Assistance between the Two Kingdoms of England and Scotland, against foreign Invasion; but, for the Particulars and Conditions they can say nothing, till they see them.
3. That this House doth think fit to assent to the Sixth Article.
4. That this House doth assent unto that Part of the Seventh Article, which concerneth a Ratification of those Articles, that shall be agreed on in this Treaty; "that they shall be confirmed by Act of Parliament."
5. That this House desires the Armies shall be disbanded so soon as may be; and that the Articles of the Treaty should be presently concluded; and that such of them, as cannot be speedily concluded, should be referred by mutual Consent: That those Articles, which shall be concluded, shall be confirmed by Act of Parliament.
Ordered, That, To-morrow Morning, at Eight of Clock, the House shall be resolved into a Committee, to consider further of the Treaty: And that, so soon as this Business of the Treaty shall be ended, the Business concerning Deans and Chapters shall be considered of.
Ordered, That the Committee for the Forests shall meet on Monday next post meridiem, in the Exchequercourt; to consider, and prepare a Bill, concerning that Business, according to former Orders.
Ordered, That the Committee for Irish Affairs sit this Afternoon.