Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
This free content was digitised by double rekeying. All rights reserved.
Lunæ, 9 Novem. 1640.
Members make Election.
Members doubly returned.
Members make Election.
Choice of Election respited.
Creswell's &c. Election.
Members make Election.
Copies of Report.
Petition against Warner.
The humble Petition of the Freeholders of the County of Warwick read; and the Misdemeanours of the High Sheriff of the said County, therein complained of, being averred to be true, by Mr. Combe, a Member of this House; it was thereupon.
Marlo Magna Election.
Mr. Maynard's Report-That Mr. John Burlace and Mr. Ipsly were returned to the Clerk of the Crown, to serve as Burgesses for Marlo Magna in Com. Bucks; afterwards, the Under-Sheriff brought another Indenture, wherein John Burlace and Mr. Hobby were returned; which last Indenture was not accepted by the Clerk of the Crown, because he had a former Return, as aforesaid; And the Under-Sheriff confessed, he was advised by the High-Sheriff, not to make the Return of the Indenture, wherein Mr. Ipsly was returned; yet afterwards brought this Indenture, which was formerly refused, and left it at the Crown-office; whereby came the Question of this double Return.-The Opinion of the Committee was, that Mr. Burlace, named in both Indentures, ought to be admitted to sit in this House: 2. That Mr. Hobby, returned in the other Indenture, ought to forbear the House: 3. That the Under-Sheriff hath committed a Misdemeanour; and ought to be sent for as a Delinquent.
Person sent for.
Mr. Maynard did further report, that Sir Robert Napper, Mr. Fitz William, and Mr. Geo. Fane, were returned for Peterborough in Com. *; and, that it was the Opinion of the Committee, that Mr. Fitz William ought to be admitted into the House, to sit as a Member; and Sir Ro. Napper and Mr. Geo. Fane to forbear, till the Elections be determined.
Mr. Maynard further reported, that Sir Ro. Cooke and Mr. Stephens were returned in One Indenture, as Burgesses for Tukesbury; and, in another Indenture, Mr. Craven and Sir Edvard Alford were likewise returned as Burgesses for the said Place: That these Returns were directly the one contrary to the other. The Committee conceive it fit, that all these Four Persons, thus returned, forbear to sit in the House, till the Election be determined; and that Tho. Hale, the Bailiff of Tuksbury, be sent for as a Delinquent, for returning Two Indentures, the one contrary to the other: That He that returned the Third Indenture, it appears not, He committed a Misdemeanour.
"According to the Command of this House, I have attended the Lords, and delivered the Message. It pleased my Lord Keeper to make Distinction of the Two Parts, that his Majesty should be moved by both Houses, first, for a Fast for both Houses, and the City, and next, for a general Fast through the whole Kingdom. His Lordship did gladly receive this Motion from this House; and will join in a Humble Petition to his Majesty; and will render you an Account."
Message from the King.
The Lords have sent us with this Message to the House of Commons; that their Lordships have presented unto his Majesty the humble Desires of both Houses, concerning a Fast. His Majesty hath been pleased to give a gracious Answer; and desires a present Meeting of both Houses, concerning the Time, and other Particulars.- The Number of the Lords are Twelve.
Mr. Treasurer, Sir Tho. Row, Mr. Jo. Hampden, Sir Ben. Rudyard, Lord Fairfax, Lord Russell, Lord Digby, Lord Waenman, Lord Ruthen, Mr. Fynes, Mr. Porter, Sir Fra. Seymour, Sir Sidney Mountacue, Lord Rich, Mr. Pym, Sir Jo. Strangwayes, Mr. Comptroller, Lord Harbert, Col. Gouring, Sir Miles Fleetwood, Lord Cramborne, Mr. Bellasis, Lord Buckhurst, Mr. Secretary Windebanke;
Sir Tho. Rowe's Report from the Committee that went up to the Lords; "that a Committee of Twelve of the Lords having met the Committee sent by this House, concerning their Resolutions of the Time for a Fast; their Lordships were pleased to send my Lord of Canterbury, my Lord Marshal, and my Lord Chamberlain, to signify the Requests of both Houses;- His Majesty did graciously condescend to their Desires; referring to this Committee to appoint a Time, for both their Contents.- My Lords did therefore make a Motion unto us of the Committee of this House, that, upon Resolution with themselves, if this House thought it fit and convenient, that the particular Fast for both Houses and the City of London, might be on Tuesday come Sevennight; and for the public Fast through the Kingdom, to be To-morrow Month. They did think we had been prepared to have given them an Answer; and desire you instantly to send them Word; for they will sit purposely, till you send an Answer."
Sir Tho. Rowe reports, that the Committee appointed by this House to go up to the Lords, to deliver unto them the Days for a Fast;- that they have generally, with one Vote, consented and agreed unto those Days; that is, for a Fast of both Houses, and the City of London, Tomorrow Sevennight; and for the general Fast of the Kingdom, To-morrow Month. And for the Explanation of those Words, "for the City of London," it is their Meaning, to move his Majesty, that London, and all the Suburbs, and adjacent Places, mentioned in the printed Bills of Sickness, may keep the Fast likewise that Day.
Members to take the Communion.
Resolved, upon the Question, That the next Lord's Day, commonly called Sunday, after the Fast, shall be appointed for receiving the Communion, by all the Members of this House at St. Margarett's in Westminster; and Mr. Gawdy to preach in the Forenoon, and Mr. Morley in the Afternoon.
Mr. Pym, Sir Ro. Harlow, Mr. White, Sir Wm. Massym, Mr. St. John, Sir Hen. Milmy, Mr. Hampden, Sir Guy Palmes, Sir Arthur Ingram, Sir Ben. Rudyard, Mr. Rous, Sir Jo. Strangwayes, Sir Fra. Seymour, Mr. Grimston, Sir Wm. Litton, Sir Hen Vaine;
This select Committee is to take some Course, to prevent Profanation and Rejection of the Sacrament; and for the Securing of this House, that no Papist sit here amongst them; and to take into Consideration some Way for the Members of this House to bring, with convenient Speed, Certificates when, and where, they received the Sacrament last; and to choose Six out of their own Number, for Disposing of the Moneys offered at the Receiving of the Sacrament; and are to meet To-morrow in the Afternoon at Four a Clock, in the Exchequer Chamber.
Proceedings concerning Leighton.
That the Warden [of the Fleet] shall appoint him a Keeper, to go abroad with [him, gratis]; and that he be removed out of the common Prison, [where] now he is, unto some more convenient Place: and have the Liberty of the Fleet.
Mr. Hampden, Mr. Stroode, Alderman Penington, Sir Edw. Hungerford, Mr. Kirton, Mr. Hollis, Mr. Valentine, Mr. Peard, Ld. Digby, Mr. St. John, Mr. Seldon, Mr. Rous, Mr. Pym, Mr. Bagshaw, Mr. Grimston, Mr. Cromwell;
This Committee is to take into Consideration Mr. Leighton's Petition; and hath Power to send for Parties, Witnesses, Warrants, Records, or any other Papers, that may conduce to the Business; and to assign and hear Counsel. And the Matter, concerning the Sheriff, complained of in the said Petition, is referred to the same Committee: And they are to meet To-morrow in the Afternoon, in the Exchequer Court, at Two of the Clock.
Sir Walter Earle, Mr. Pym, Sir Tho. Barrington, Sir Jo. Culpeper, Sir Tho. Row, Mr. Spurstow, Sir Jo. Hotham, Mr. Hampden, Sir Arthur Ingram, Sir Guy Palmes, Mr. Grimston, Sir Jo. Strangwayes, Sir Tho. Pelham, Mr. Stapley, Sir Wm. Masham, Mr. Hen. Bellasis, Sir Hen. Milmy, Mr. Goodwyn, the Knights and Citizens of London, the Knights for Middlesex, the Burgesses for Westminster and Southwark;
This Committee hath Power to make Inquiry, what [Number of] Papists are in and about London, and Ten [Miles thereof;] and how they are armed; and that after the King's Proclamation shall come forth, for Disarming of the Popish Recusants, and Removal of them, according to his Majesty's gracio as Message, then to see how that Proclamation hath /?/ executed: Hath Power to send for any Records, or Papers, that may inform the Committee of any Dispensations, Discharges, or Immunities granted to Recusants, for Exempting of them from the Penalties of the Laws: And are to meet at Four a Clock this Afternoon, in the Exchequer Chamber.
Resolved, upon the Question, That the said Mr. Pryn shall forthwith be sent for hither, in safe Custody, by Warrant of this House, directed to the Governor of the Ise of Jersey, and Captain of the Castle there; and that the Cause of his Detainer may be certified hither also.
The Petition of Jo. Lilburne, close Prisoner in the Fleet, read; and the Petition, with the Certificates annexed, is referred to the Committee for Mr. Leighton's Petition: And Mr. Lilburne is to have the same Liberty with Mr. Leighton: And Mr. Cromwell is to be added to that Committee: And the Committee is to have the same Power in respect of Mr. Lilburne, as it hath in respect of Mr. Leighton.
Grievances of York.
Grievances of Kent.
Monopolists disabled to sit.
Upon the Question, That all Projectors and Monopolists whatsoever; or that have any Share, or lately have had any Share, in any Monopolies; or that do receive, or lately have received, any Benefit from any Monopoly or Project; or that have procured any Warrant or Command, for the Restraint or Molesting of any that have refused to conform themselves to any such Proclamations or Projects; are disabled, by Order of this House, to sit here in this House: And if any Man here knows any Monopolist, that he shall nominate him:
That any Member of this House, that is a Monopolist, or Projector, shall repair to Mr. Speaker, that a new Warrant may issue forth; or otherwise, that he shall be dealt with as with a Stranger, that hath no Power to sit here.