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, 6 Julii, 1641.
HENRY Gany took the Oaths of Allegiance and Supremacy; having a Bill of Naturalization.
Exacting Fees from Sheriffs.
1a vice lecta est Billa, An Act against the unjust Exactions of * * Fees and Gratuities, exacted of Sheriffs.
2da vice lecta est Billa, prodicta; and, upon Question, committed unto Sir Arthur Ingram, Sir Wm. Strickland, Sir Walter Erle, Sir Guy Palmes, Sir Sam. Rolle, Mr. Tomkins, Mr. Kinge, * Mountfort, Mr. Crue, * Griffith, Mr. Waller, Sir Gilbert Gerrard, Sir John Wray, Sir Anth. Irby, Sir Rich. Buller, Lord Falkland, Mr. Capell, Mr. Robert Goodwin, Sir Geo. Dalston, * Dutton, * Playton, Mr. Moore, Mr. Shuttleworth, Mr. Bodevile, * Woodhowse, Mr. Whistler, Sir Martin Lomley, Mr. Bond, * Ambrose Brown, * * * Hales, * * Mr. Reignolds, * Lister: And all, that will come, are to have Voices, at this Committee; and are to meet in the Star-chamber, on Friday next at Two post mcridiem; and are to take into Consideration the Oaths that Sheriffs take, before they come to their Office, and at their going out; and the Sheriffs Selling of their Under Sheriffs Places: And have Power to send for Parties, Witnesses, Papers, Records, &c.
Ordered, That Mr. Bagshawe present the Transmission, concerning Mr. Walker, To-morrow Morning at Eight of Clock.
Ordered, That John Earl of Peterborough shall have Liberty to examine Witnesses, in a Cause depending between him and the Lord Mounson, a Member of this House, in the Court of Wards; unless the said Lord Mounson shall shew good Cause to the Contrary, between this and Monday next.
Impeachment of the Judges.
Lord Wenman is appointed to go up to the Lords, to desire a Conference with their Lordships, so soon as it may stand with their Conveniency, concerning the Transmission of the Articles of Impeachment against the Judges.
Lords reminded of Bills.
To put the Lords in mind of the Bills, concerning Recusants, and Pluralities:
1. Against Incroachments:
2. For regulating the Office of the Clerk of the Market:
3. For dividing the Parish Church of Plymouth, and erecting a new Church there.
Fees in Courts.
1a vice lecta est Billa, An Act for avoiding unjust and unlawful Fees and Exactions, in Judges, Officers, and Ministers, in Courts of Justice.
Fees to Collectors.
Ordered, That the Committee concerning Fees to be allowed to Collectors sit this Afternoon, at Two post meridiem, in the Court of Wards.
Sir J. Thynne, &c.
Ordered, That the Business concerning Sir James Thynne, a Member of this House, and Mr. Thynne his Brother, be considered of on Friday Morning next.
Ordered, That the Petition of Sir Fredericke Hamelton shall be proceeded upon, One of the Thre Days assigned to the Committe for Irish Affairs, for the Business of Londonderry, if there shall be any Opportunity upon any One of those Days; otherwise, the Committee may appoint another Day for that Petition.
The humble Petition of the Burgesses and Inhabitants of New Windsore, whose Names are hereunto annexed, was this Day read, and upon Question, committed unto the Committee for Privileges.
Message to Lords.
Ordered, That Mr. Strode do go to the Lords with the Message;
To desire their Lordships, that the select Committee, concerning the Ten Propositions, may meet, and sit de die in diem.
The Ten Propositions.
This Day Mr. Pym presented, to be kept as a Record of this House, the Ten Propositions, delivered by him at a Conference with the Lords.
Security of the Subject.
1a vice lecta est Billa, An Act for securing the Subjects of this Realm from all unlawful Restraints, Imprisonments, Attendance, Confinements of their Persons, by the Lords, and others of the Privy-council, and other Officers and Members.
Answer from Lords.
Lord Wenman brings Answer from the Lords, that their Lordships are now in Agitation of Business of great Consequence, that import the Safety of the Kingdom: They intend to sit this Afternoon; and desire this House would do the like: And that, at Three of Clock, they will give a Meeting, by a Committee of both Houses: And, as touching the Bills, they will give them all convenient Expedition: And that the Bill concerning Pluralities stands committed to a Committee of the whole House.
Ordered, That the Sub-committee shall report to the Grand Committee, the Bill concerning Episcopacy, on Thursday Morning next.
Privilege-Prosecution of Members.
Mr. Glyn reports the Business concerning the Breach of Privilege of tertio Caroli- Mr. Hollis, Mr. Strode, Mr. Valentine.
Upon the whole Matter of the Report, it was Resolved, upon the Question, by the Committee (the which Resolutions were first read, by the Reporter; and then put to the Question, severally) and, by the House, resolved, as followeth:
1. That the Issuing out of the Warrants, from the Lords and others of the Privy-council, compelling Mr. Hollis, and the rest of the Members of that Parliament, 3 Car. during that Parliament, to appear before them, is a Breach of the Privilege of Parliament, by those Privy Councellors.
2. That the Committing of Mr. Hollis and the rest of the Lords and others of the Privy-council, during the Parliament, is a Breach of the Privilege of Parliament, by those Lords and others.
3. That the Searching and Sealing of the Chamber, Study and Papers, of Mr. Hollis, Mr. Selden, and Sir John Elliott, being Members of this House, and during the Parliament, and Issuing of Warrants to that Purpose, was a Breach of the Privilege of Parliament, and by those that executed.
4. That the Exhibiting of an Information, in the Court of Star-chamber, against Mr. Hollis, and the rest, for Matters done by them in Parliament, being Members of the Parliament, and the same so appearing in the Information, is a Breach of the Privilege in Parliament.
5. That Sir Robert Heath, Sir Humphry Davenport, Sir Hennage Finch, Mr. Hudson, and Sir Robert Bercley, that subscribed their Names to the Information, is guilty thereby of the Breach of Privilege of Parliament.
6. That there was Delay of Justice towards Mr. Hollis, and the rest that appeared upon the Habeas Corpora, in that .. were not bailed in Easter and Trinity Terms, 5to Car.
7. That Sir Nicholas Hide, then Chief Justice of the King's Bench, is guilty of this Delay.
8. That Sir Wm. Jones, then being one of the Justices of the Court of King's-bench, is guilty of this Delay.
9. That Sir James Whitlocke, Knight, then One of the Justices of the Court of King's-bench is not guilty of this Delay.
Ordered, That the further Debate of this shall be taken into Consideration on To-morrow Morning.
Ordered, That Mr. Hollis report the Conference Yesterday with the Lords, by a select Committee of both Houses.
Ordered, That some Popish Books, now remaining in the House of Mrs. Thomas a Widow dwelling in St. John's, and belonging to one commonly called Father Arean, an English Priest, or Jesuit, be seized by James Wadsworth; and an Inventory be taken thereof, before the Constable of the said Liberty; and the Books, so seized, to be brought into the Custody of the Clerk of the said House ; there to remain, in safe Custody, till this House take further Order therein.
Member declines Election.
It was moved, that Mr. Abbott, at his own Request, might decline his Election ; and that a new Burgess be chosen to serve in his Stead.
The Motion was not thought fit to be granted.