House of Commons Journal Volume 2: 09 July 1641

Pages 203-205

Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.

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In this section

Die Veneris, 9 Julii, 1641.


committees added.

SIR Tho. Widdrington, Mr. Danley, Mr. Millington, Mr. Edw. Thomas, are added to the Committee for St. Andrewes.

Welch's Petition.

Ordered, That Mr. Welch, who has a Petition depending before the Committee for Irish Affairs, shall be at Liberty to withdraw his Petition.

The Protestation Privileges.

Mr. Thomas Standish made the Protestation.

Ordered, That the Committee for Breach of Privileges tertio Car. do sit this Afternoon, at Two post meridiem, in the Duchy-court.

Rawson's Petition.

Whereas Mr. Rawson preferred his Petition to the Committee for Grievances, complaining against the Judges: It is now Ordered, That he shall withdraw his Petition from that Committee: And that it shall be preferred to Mr. Chambers Committee; to consider of so much of it as concerns the Judges; and to consider of some Way of Reparations for him, as the Merits of his Cause shall require.

Privilege of a Member in a Suit.

Whereas there is a Suit depending in Chancery between the Lord Baltinglasse and his Wife, Plaintiffs, and Sir Peter Temple, a Member of this House, Defendant: It is this Day ordered, that the said Suit shall not proceed, unless the said Sir Peter Temple shall be willing to wave his Privilege.

Proceedings in Court of King's Bench.

Ordered, That whereas there are several Actions of Debt and upon the Case, brought upon the Statute of 21° Jacobi, of Monopolies, in the King's-bench, against Alderman Wolleston, Edward Johnson, Thomas Violett, and Wm. Gibbs, and others: And whereas there are several Actions of Assault, Battery, and false Imprisonment, brought against Robert Amery a Messenger, by Joseph Symonds, Wm. Greene, and others, who have several Judgments by Nihil dicit; and have had several Days appointed, this Term, to sit upon their several Writs of Inquiry of Damages; but they have been delayed and put off by Rules in the King's-bench, upon Pretence, that the Commission, Instructions, and Orders of the Commissioners for Regulating of Gold and Silver Thread are in the House of Commons; so that they cannot proceed without Prejudice: It is thereupon Ordered, by the said House, That either of the Parties, Plaintiffs or Defendants, may proceed in their several Actions in the said Court of King's-bench, and upon their Writs of Inquiry; and that, if either of the said Parties, Plaintiffs or Defendants, in any of the said Actions, shall desire to make use of the said Commission, Instructions, Orders, or other Writings now in the said House, that they may make use of them, by taking Copies of them, under the Clerk of the Parliament's Hand; on giving Security to the said Clerk, to return them safe again in a convenient time.

Abolishing Episcopacy.

Mr. Speaker left the Chair.

Mr. Hide was called to the Chair.

And the Committee proceeded with the Bill of Episcopacy.

Apprehending a Priest.

Ordered, That the Serjeant, attending on this House, do forthwith repair to the House of Inico Jones, and assist one Wadsworth, to apprehend the Priest that is this Day fled thither, and apprehended by the said Wadsworth, by virtue of a Warrant from this House: And all Constables and Officers are required to assist the Serjeant, or his Deputy, in the Execution of this Order: And those that detain the said Priest are required from this House, forthwith to deliver him into the Custody of the said Wadesworth.

Apprehending a Priest.

Ordered, That Sir Robert Pye, Sir Arthur Ingram, Mr. Glyn, and Mr. Heywood, or any Two of them, do forthwith send for Peter de Fountaine; and to examine him concerning the Entertaining and Harbouring of a Priest in his House, this Day there apprehended by one Wadesworth, by virtue of a Warrant from this House: And to take such further Proceedings against him, as is according to the Laws of the Land.

Harbouring Priests, &c.

Ordered, That the select Committee of Forty-eight, concerning the Ten Propositions, do meet this Afternoon, at Three of Clock, in the Court of Wards; to take into Consideration what was propounded and declared by the Lords, at a Conference by the select Committee of both Houses, and how far it is fit to proceed therein; and to consider how the Harbouring and Entertaining of Priests, in the King's and Queen's Houses, may be prevented; and that some Course may be taken, that those Priests, that are really assigned to serve the Queen, may not exercise their Function in any other Place: And to consider what is further fit to be propounded unto the Lords:

And further Ordered, That the Propositions of Instructions, Yesterday made in the House, concerning Natives in the King's Dominions Chaplains to Ambassadors; and Raising of Popish Soldiers in Ireland; be delivered to this Committee.

Abolishing Episcopacy.

Mr. Speaker left the Chair.

And Mr. Hide was again called to the Chair:

And the Committee proceeded with the Bill of Episcopacy.

Mr. Speaker resumed the Chair.

Countess of Bedford's, &c. Estate.

A Message from the Lords, by Serjeant Glanvile and Doctor Bennett;

The Lords have sent down a Bill,.. An Act for settling of certain Manors, Lands, &c. on Catherine Countess Dowager of Bedford, Wm. now Earl of Bedford, John Russell, and Edward Russell, Esquires, Sons of Francis Earl of Bedford, deceased.

House to sit.

They have likewise given us in Charge to signify, that their House intends to sit this Afternoon at Five of Clock; 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 is resolved to sit this Afternoon.

Moved, That this Bill shall be read at such Opportunities, as the public Businesses will yield unto.

Abolishing Episcopacy.

Mr. Speaker left the Chair: And

Mr. Hide was called to the Chair.

And the Committee proceeded with the Bill concerning Episcopacy.

Mr. Speaker resumed the Chair.

Upon Mr. Hide's Report from the Grand Committee, to whom the Bill concerning Episcopacy was referred; it was, by the House, Resolved, upon the Question, as followeth:

1. That all the Lands, Possessions, and Rights of all Deans, and Dean and Chapters, shall, by this Bill, be committed to the Hands of Feoffees, to be nominated in this Bill:

2. That all the Lands and Possessions of all the Archbishopricks and Bishopricks of England and Wales, except the Impropriations and Advowsons, shall, by this Act, be given to the King:

3. That all the Impropriations and Advowsons, belonging to the Archbishopricks and Bishopricks of England and Wales, shall be committed into the Hands of Feoffees, in the same manner as the Lands of Deans and Chapters are appointed to be.

Ordered, That the House be resolved into a Committee To-morrow at Eight of Clock, to take into Consideration, and proceed with the Bill concerning Episcopacy: And Mr. Speaker is to put the House in Mind; and to interrupt any other Business.

Papists not to hold Offices.

The Committee of Forty-eight is likewise required to propound to the select Committee of the Lords; that no Papists hereafter may have keeping of any Castle, Fort, Chase, Forests, Park, or Walk, within England or Wales; and that such as are in Possession of such Castle or Park as aforesaid, may be outed thereof according to Law.


That all the Committees, that should have sat To-day, shall sit To-morrow in the Afternoon.

Wales Court of Marches.

That the Committee for the Marches of Wales do sit on Monday next at Two post meridiem.

Post Meridiem

Davenant's Bail.

Resolved, upon the Question, That Dudley Smith, Esquire, and William Champneys, Esquire, Sewers to the King, shall be admitted to be Bail for Mr. Wm. Davenant; the Principal to enter into Bonds to the Serjeant, in the Sum of Two thousand Pounds; and the Sureties, in the Sum of One thousand Pounds apiece.

Linche's Petition.

Ordered, That Mrs. Linche's Petition shall be referred to the same Committee that Sir Fredericke Hamilton's Petition was referred, Martis, 6° Julii; and to be read and considered of at the same time as Sir Fred. Hamilton's shall be read and considered of.


1a vice lecta est Billa, An Act for Prevention of vexatious and unnecessary Suits, heretofore commenced by Clergymen and others having Right of Tythes.

Tonage and Poundage.

1a & 2da vice lecta est Billa, An Act for the Granting of a Subsidy of Tonage and Poundage to the King, and other Sums of Money, payable upon Merchandize exported and imported.

The Question, of Committing it, passed with the Negative:

And then, upon the Second Question, It was Ordered to be ingrossed.

Disbanding the Army.

A Message from the Lords, by Sir Edw. Leech and Doctor Bennett;

The Lords desire a Conference, by a Committee of both Houses, concerning the Disbanding of the Armies, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer returned by the same Messengers;

The House has taken into Consideration your Message, and will give a present Meeting, by a Committee of the whole House, as is desired.

Mr. Glyn, Sir Jo. Hotham, Sir John Colpepper, Mr. Capell, Sir John Evelyn, Sir Antho. Irby, are appointed Reporters of this Conference.

Mr. Capell reports;- That the Army was ever willing to obey the Direction of the Parliament, for the Disbanding:

That Two Regiments were already disbanded; that of Hull, and the other of Colonel Wm. Vavasor: The others lye Four asunder.

Money from the City.

Ordered, That the Knights and Citizens that serve for the City, and the Treasurers that receive the Monies for these Parts, shall give an Account every Morning what Monies comes in.

Mr. Speaker is to move the Gentlemen that serve for the City, that out of the Monies that shall or are come in upon the last Subsidies, to lend it, to make up the Forty thousand Pounds appointed to be paid to the Earl of Warwicke.

Prisoner discharged.

That Mr. Randall, a Minister, in the Gaol of Aylesbury in the County of Buck', for Words spoken against the Honour of this House, was, by a former Order, appointed to be removed from thence to Bedlam;

It is now Ordered, That the said Mr. Randall shall be discharged, and set at Liberty, presently, upon the Sight hereof.


Ordered, That Mr. Glyn make Report on the Vintners Case on Monday next.

Leave of Absence.

Sir Edm. Fowell has Leave to go into the Country for some convenient Time.

Perfons sent for.

Resolved, upon the Question, That Robert Conyers, John Hughes, Robert Alington, Edw. Nurse, John Frost, John Piers, Alex. Major, Rob. Davies, Wm. Michell, and Griffith, Vintners, who have been sundry times warned to appear before the Committee, and bringing in their Notes of Accounts, and have not accordingly obeyed to those Summons and Warnings, shall, for their several Contempts herein, be sent for, as Delinquents, by the Serjeant at Arms attending on this House.