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, 1 Julii, 1641.
12 vice lecta est Billa, AN Act for Securing of the Monies due for the Billeting of the Soldiers of his Majesty's Army.
3a vice lecta est Billa, An Act against divers Oppressions and Incroachments in the Court of Stannaries: and, upon Question, passed.
Charge against Judge Crawley.
Mr. Hide reports the Charge against J. Crawley.
The Articles were all read first together; and then voted one by one; the Title was also voted; and the Conclusion; and then, upon the Question, the Articles were ordered to be ingrossed.
Charge against Judge Davenport.
Mr. Hide reports the Charge against Sir Hen. Davenport Knight, Lord Chief Baron of his Majesty's Court of Exchequer.
The Articles were all first read over together; and then they were read one by one; and one by one voted; and then the Title was read, and voted; and then the Conclusion was read and voted; and then the whole Charge was voted; and, upon the Question, ordered to be ingrossed.
Charge against Judge Trevor.
Mr. Hide reports the Articles of Charge against Sir Thomas Trevor Knight, one of the Barons of his Majesty's Court of Exchequer.
The Articles were all first read together; and then one by one; and one by one voted; and then the Title was read and voted; and then the Conclusion was read, and voted.
Charge against Judge Weston.
Mr. Hide reports the Articles of Charge against Sir Richard Weston Knight, One of the Barons of his Majesty's Court of Exchequer.
. . . were all first read together; and then one by one; and one by one voted; and then the Title was read, and voted; and then the Conclusion was read, and voted; and then the whole Charge was voted; and, upon the Question, ordered to be ingrossed.
Impeachments against the Judges.
That those Gentlemen to whom the Transmission of these Articles shall be committed, may take a special Care, that, in the Transmission of these Causes, some Consideration may be had for Reparation and Satisfaction to be given to the Parties grieved.
To make all the Expedition with the Impeachments; and then to go by Bill; and in the Bill to set the Fines certain.
They that carry up the Charge, to desire the Lords, that they * * * *
Ordered, That the several Impeachments against the several Judges, shall be ingrossed against To-morrow post meridiem: And that the House then sit: And that the Impeachments be then read, and carried up to the Lords: And that a Message be sent up to the Lords, on Saturday Morning, to desire a Conference with the Lords: and at that Conference * * * *
Breach of Privileges.
Ordered, That the Report concerning the Breach of Privileges 3° Caroli be made To-morrow Morning: And that Mr. * Report be made so soon as conveniently may be.
House to sit.
Ordered, That the House sit this Afternoon; and take into Consideration the Bill for Poll-money.
That the Committee of Seven shall have Power to send for Father Phillipps, to examine him further, as they shall think fitting.
A Message from the Lords, by Serjeant Ayloffe and Serjeant Whitfeild;
The Lords desire a present Conference, by a Committee of both Houses presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Bill of the Star-chamber.-
Bishop of Canterbury.
Sir John Colpepper, Sir Tho. Barrington, Sir John Hotham, are added to the Committee of Seven, as to the Examination of Witnesses in the Cause of the Bishop of Canterbury.
Whereas Mr. Glyn, Sir Wm. Litton, Sir Edward Deeringe, and Sir Antho. Irby, were appointed to go to examine Tho. Phillipps, in the Cause depending between Mr. Ashburnham and Mr. Long:
It is now Ordered, That they, or any Two of them, shall take the said Examinations, in the Presence of both Parties: And that the Committee may proceed with any other Particulars; but not report that Business till that Witness be examined-
Mr. Glyn, Mr. Prideaux, and Sir John Colpepper, are appointed Managers of this Conference.
Answer returned by the same Messengers;
This House will give a present Meeting, as is desired.
Ordered, That the Committee for the Bill of Shipmoney do meet on Saturday, at Two of Clock, in the usual Place.
Mr. Palmer and Mr. Whitlocke are added to this Committee.
Commrs for Durham.
There was a Motion this Day made, for Four Names, delivered in formerly by Sir Henry Anderson, to be added to the Commissioners for the County Palatine of Durham: But the House would not admit any more to be added; the Names formerly delivered in, being settled by an Order of the House; and, as it was informed the House, the Commission was under Seal upon those Names formerly delivered in: And therefore they order the former Names should stand.
Maleverer's Petition, &c.
Ordered, That the Petition of Mr. Maleverer, and the Business thereupon depending; and the Business concerning Mr. Moyser: and all others of the same kind; be referred to the Committee for Mr. Chambers.
And it is likewise Ordered, That the Business concerning Mr. Hampden, Mr. Rolle, Mr. Vassall, Mr. Pargeter, and all others of the like Nature, be referred to the same Committee: And they are to consider of some fit Way for Reparations to be made to these, and all other Parties grieved in the like kind: And they are to meet on Saturday next, at Two of Clock, in the Afternoon, in the Star-chamber.
Sir Samuel Rolle is added to this Committee.
Impeachment against the Judges.
Ordered, That upon the Transmission of the Impeachments against the Judges, the Case of Sir Randall Crue be recommended unto the Lords; and that their Lordships be desired to join with this House to move his Majesty, that he would be pleased to take into Consideration his Sufferings for the Publick; and to recompense him with Honour.
Mr.Hollis is appointed to represent this Particular unto the Lords.
Star-chamber Proceedings- Faunt's Case.
MR. Perd reports Mr. Faunt's Case.
* * * *
The Sentence against Sir Wm. Faunt, in the Starchamber, was without Ground of any thing that appears either in Answer or Proof.
That the Petitioner and his Father, Co-executors, ought to be restored to all that was paid, either by Sir William Faunt, or them.
That they conceive it fit, that this Case should be presented to the Lords; to the end that the Sentence might be reversed; and the Parties restored to all that they and their Testator have paid.
Mr. George Faunt desires, that his Father's Name may be inserted into the Petition.
Resolved, upon the Question, That the Letter and Sentence of this Case of Mr. Faunt, now reported by Mr.Peard, shall be read in this House before any Resolution.
Mr. Prideaux reports the Amendments, returned from the Lords, at a Second Conference, to the Bill concerning the Star-chamber and Council-board.
Whether the House should assent to the Putting out of the Word. " Liberties" out of the Bill.
The House was divided upon this Question.
|Sir. John Clotworthie||For the Yeas:|
|Mr.Hollis,||For the Noes:|
|With the Noes, - 91.|
|With the Yeas, - 125.|
Resolved, upon the Question, That this House doth assent to the Putting the Word "Liberties" out of the Bill concerning the Star-chamber and the Council-board; because the House has appointed a Bill to be drawn to provide for the Liberty of the Subject in a large Manner.
Mr. Serjeant Wilde and Mr. Whitlocke, are appointed to draw a Bill to that Purpose, upon the several Points, that have been here this Day debated.
Resolved, upon the Question, That neither the Body of the Lords of the Council, nor any One of them in particular, as a Privy-counsellor, has any Power to imprison any free-born Subject, except in such Cases as they are warranted by the Statutes of the Realm.
Star chamber, &c.
Sir John Hotham went up with a Message to the Lords, to desire a free Conference, by a Committee of the whole House, presently, if it may stand with their Conveniency, concerning the Bill of Star-chamber and Council-board.
Brings Answer; that their Lordships will give a present Meeting, by a Committee of the whole House, as is' desired.
Breach of Privileges.
Ordered, That the Report concerning the Breach of Priviliges, tertio Caroli, be made on Saturday Morning next.
Provision of Monies.
Mr. Glyn reports the Amendments, Additions, and Provisoes, returned by the Lords at a Conference to the Bill for the speedy Provision of Money for disbanding the Armies, and settling the Peace of the two Kingdoms.
The First Amendment, viz. instead of the Word "very," put in the Word "well;" and instead of the Word "Subsistence," put in the Word "Prosperity;" was, by Question, assented unto: So was the next Amendment, in the Eighth Skin and the Twenty-eighth Line; between the Word "the" and "Parliament," the Word "said" to be put out, and the Word "King" put in.
Ordered, That the Debate of the Provisoes, returned from the Lords at a Conference, to the Bill for the speedy Provision of Monies for disbanding the Armies, and settling the Peace of the Kingdoms, shall be resumed To-morrow at Nine of Clock in the Morning: And Mr. Speaker is to interrupt any Business; that shall intervene, or be in Agitation at that time.
A Message from the Lords, by Sir Robert Rich and Sir Edward Leech;
The Lords think it too long a Work to finish the Bill that was now sent up to them, from this House, concerning the Star-chamber and Council-board: And that they would enter into Consideration of it To-morrow Morning.