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 Mercurii, 4 Augusti, 1641.
3a vice lecta est Billa,
AN Act for settling the Estate of Fitzwilliam Conningsby Esquire, and for settling by him of Two hundred Pounds per Annum upon an Hospital in Hereff'; and, upon Question, passed.
Person sent for.
Ordered, That Wm. Sherrart shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, to answer his Contempt, not appearing upon the Summons of this House; being accused for counterfeiting the Hand of Sir Wm. Armyn to a Protection.
Cloberie's, &c. Petition.
The humble Petition of Oliver Cloberie, and George Fletcher of London, Merchants, was read: And Ordered, That it be recommended to the English Lords Commissioners, appointed to treat with the Commissioners for Scotland, to think of some fit way of Reparations to be made to the Petitioners, according to Justice.
Mr. Hide, Sir Philip Stapleton, Sir Thomas Widdrington, are appointed to retire into the Committee-chamber, to prepare an Order to be sent to the City, for the Quickening of them in the Collecting of the Poll-money.
Bailing a Prisoner.
Whereas Christopher Grimston, now close Prisoner in the Fleete, upon a Decree against him in the Court of Starchamber, at the Suit of Mr. Holt and others, hath exhibited his Petition to this House, for Relief against the said Decree; but in regard of the great Affairs, at this time, private Petitions cannot be taken into Consideration: And whereas the said Christopher Grimston is to be used as a material Witness, on the Behalf of one Mrs. Rider, this next Assizes at Lincolne: It is therefore Ordered, That the said Christopher Grimston, provided that he be not in Execution for any other Debt, shall have Liberty to go into the Country, upon his giving good and sufficient Security, to the Warden of the Fleete, for his true Imprisonment, and for his forthcoming, from time to time, as he shall be required.
Arrears due to Scotland.
Earl of Warwicke has paid the Scotts Five hundred thousand Pounds, and will have ready, to be paid unto him To-morrow Morning, Fifty-two thousand Three hundred Pounds, which is all the Arrear that is due to the Scotts.
That the Knights of the several Counties, as they shall receive Information of * * * *
To take notice, from time to time, what Money comes in:
To see what Overplus there is in Cash above the One hundred and Three thousand Three hundred Pounds ready Cash, to be paid towards the Eighty thousand Pounds.
Ordered, That the Earl of Warwicke shall pay Fiftytwo thousand Three hundred Pounds to the Scotts, due unto them for their Arrears; and Two hundred Pounds, in present Money, to such Persons, as undertake the Conveying of these Monies: And they to be accomptable for the same to the House.
King's appointing a CustosRegni.
That a Message be sent to the Lords; to know whether their Lordships will join with this House, in desiring his Majesty, that he would be pleased to appoint a Custos Regni, according to the Desires of this House, exprest in a Conference on Friday last: And that they would give Answer with what Expedition they can.
The House finding great Cause to impute the slow Coming in of the Money upon the Poll-Bill (the speedy Payment whereof so nearly concerns this Kingdom) to the Neglect of the Lord Mayor and Aldermen of London, to whose especial Care the same hath by this House been so often recommended, doth order, that the said Lord Mayor and Aldermen forthwith make some Provision, both by requiring the Master and Wardens of their several Companies to call their Companies before them, and require the several Sums of Money payable by them by virtue of the said Act, and by appointing the Aldermen of the several Wards, and their Deputies, to expedite the said Service by making Collectors in the several Parishes; who, by going from House to House, may make such particular Demands of all Persons charged by the said Act, that such who shall fail in their Payment may be compelled to pay double, according to the said Act; and the same may be levied with all Expedition: And, in this Service, the House of Common requires the said Lord Mayor and Aldermen to use all possible Diligence, as they will answer the contrary.
Answer from Lords.
Sir John Colpepper reports, that their Lordships will take the Message from this House into Consideration; and will send Answer by Messengers of their own.
The humble Petition of Peter Heywood and Alice his Wife, was this Day read; and Mr. Heywood was called; and did avow the Petition.
Sir Philip Stapleton, Mr. Hotham, Mr. Martin, Sir John Colpepper, * Widdrington, Sir Tho. Barrington, * Hayman, Sir Ben. Rudyard, Sir Sam. Rolle, Sir Norton Knatchbull, Sir John Evelyn, Sir Hugh Cholmley, Sir Tho. Bowyer, Mr. Maynard, Mr. Rigby, Sir Edw. Partridge, Sir John Clotworthie, * Rogers, Mr. Reynolds, Mr. Whitlocke, Mr. Hollis, Mr. Moore, Mr. Capell, Mr. Valentine, Sir Martin Lumley, Mr. * Goodwin;
This Committee is to consider of the Petition preferred this Day to the House by Peter Heywood Esquire, and avowed by the said Mr. Heywood: And are to meet Tomorrow post meridiem, in the Court of Wards: And have Power to send for Parties, Witnesses, Papers, Records, &c.
Disbanding the Armies.
A Message from the Lords, by J. Heath and J. Mallett;
The Lords desire a present Conference, by a Committee of both Houses, in the Painted Chamber, concerning the Disbanding of the Armies, if it may stand with the Conveniency of this House.
Answer returned, by the same Messengers;
This House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.
Sir John Colpepper, Sir Hugh Cholmley, * Holland, Sir Tho. Barrington, Lord Falkland, Mr. Capell, Sir Philip Stapleton, Mr. Pym, are appointed Reporters of this Conference.
Impeachment of the Bishops.
Serjeant Wylde, reports from the Committee for preparing the Articles of Impeachment against the Bishops, as followeth:
I am commanded by the Knights, Citizens and Burgesses, in the Commons House of Parliament assembled, to represent unto your Lordships, that Walter Bishop of Winton, Robert Bishop of Coventry and Lichfeild, Godfrey Bishop of Gloucester, Joseph Bishop of Exon, John Bishop of Asaph, Wm. Bishop of Bath and Wells, Geo. Bishop of Hereff', Matthew Bishop of Ely, Robert Bishop of Bristoll, Wm. Bishop of Bangor, John Bishop of Rochester, John Bishop of Peterborough, Morgan Bishop of Landaffe, together with Wm. Laud, Archbishop of Canterbury, and others of the Clergy of the Province of Canterbury, at their Convocation and Synod for the said Province, begun at London * * * * in the Year One thousand Six hundred and Forty, did contrive, make, and promulge several Constitutions and Canons Ecclesiastical, containing in them divers Matters contrary to the King's Prerogative, to the fundamental Laws and Statutes of the Realm, the Rights of Parliament, the Propriety and Liberty of the Subject, and Matters tending to Sedition, and of dangerous Consequence; and did also at the said Synod, grant a Benevolence and Contribution to his Majesty, to be paid by the Clergy of the said Province, contrary to Law: Which said Canons and Constitutions, and Grant of the said Benevolence, were accordingly put in Execution, to the great Oppression of the Clergy of this Realm, and other his Majesty's Subjects, and in Contempt of the King, and Laws of this Kingdom.
For which Matter and Things, the Knights, Citizens, and Burgesses of the Commons House in Parliament, in the Name of themselves, and of all the Commons of England, do impeach the said Walter Bishop of Winchester, RobertBishop ofCoventry andLichfeild,Godfrey Bishop ofGloucester, Joseph Bishop ofExon, George Bishop of Hereford, Matthew Bishop of Ely, John Bishop of Asaph, Wm. Bishop of Bath and Wells, Robert Bishop of Bristoll, Wm. Bishop of Bangor, John Bishop of Rochester, John Bishop of Peterborough, Morgan Bishop of Landaffe, of the said Crimes and Misdemeanours; and do therefore desire, that they may be forthwith put to their Answers, in the Presence of the said Commons now assembled in Parliament; and that there may be such further Proceedings had therein, as shall be agreeable to Law and Justice.
Resolved, upon the Question, That this shall be the Impeachment of the several Bishops herein mentioned.
House to meet.
Ordered, That the House shall meet this Afternoon, at Three of Clock.
Sir John Colpepper went up to the Lords with this Message; to desire their Lordships, that, if it may stand with their Conveniency, they would be pleased to sit this Afternoon.
Lords will sit.
Sir John Colpepper brings Answer, that the Lords will sit this Afternoon, at Three of Clock, as is desired.
Privilege of a Member in Suit.
Ordered, That Mr. Jesson, a Member of this House, ought to have the Privilege of Parliament to stay the Trial of an Ejectione Firme, brought against a Tenant of his, by one Clerke an Attorney; the which Trial concerns the Freehold of the said Mr. Jesson:
That Mr. Boswell, a Member of this House, shall have the like Order in a Cause of his.
Person sent for.
Ordered, That Mr. Edward Ferris, who caused one Witherall and James Curwin Bailiffs, to arrest one Theker, a Keeper of Sir Hen. Mildmay's Park at Wansteed in Essex, and a menial Servant to the said Sir Henry Mildmay, a Member of this House, shall be sent for, as a Delinquent, by the Serjeant at Arms attending on this House, to answer their Contempt in the aforesaid....
ORDERED, That the Committee for the Starchamber, to which the Business for Chester Men that visited Mr. Prinne is referred, be revived, to sit on Friday next, in the Star-chamber, at Two post meridiem: And are to sit that Afternoon only, upon that Business only.
3a vice lecta est Billa, An Act for the better Regulating of the Profits of Two Parts of Recusants Lands, liable to his Majesty's Seizure for their Recusancy; laid aside for this time.
Impeachment of the Bishops.
Serjeant Wilde carried up the Articles of Impeachment against the Bishops.
Disbanding the Armies.
Mr. Pyme reports the Conference this Day had, by a Committee of both Houses, concerning the Disbanding of the Armies.
Mr. Pyme's Report of the Conference with the Lords:
The Earl of Bristoll, at this Conference, was pleased to say, That the Business he was to speak of was of great Importance; and that no other Business but could be delayed at less Charge than this might be: That the Lords Commissioners propounded to the Scotch Commissioners to march homewards 9° Augusti; but many of them being then out of Town, their Answer was uncertain: But now, my Lord of Lowden being returned out of Scotland, the Commissioners met Yesterday; And they give this Answer; "It is impossible for them, to return 9° Augusti, or "any other prefixed Day; because the Removal of their "Army depends upon the whole Arrears due to them "from us, and of Eighty thousand Pounds, Part of the "Brotherly Assistance, which was promised by us they "should receive; and without this they could not dis"band their Army: Yet undertake, that though there "be no prefixed Day, yet, within Forty-eight Hours after "Payment of the Monies at Newcastle, they would not "stay under any Roof, till they were out of the Kingdom."
"It was propounded unto them to receive the Eighty thousand Pounds 10° September'; my Lord Lowden returned this Answer; "That there is an absolute Impossibility "to give Satisfaction to their Army, to march away, un"less they have, with the Arrears, the Eighty thousand Pounds; for that they are in Debt to their own "Army Three hundred thousand Pounds, which must be "paid now;" and said, "Nothing but an Impossibility "should make them stick at any thing the Parliament "doth desire:" And my Lord Bristoll said further, in his own Name, and the Name of the Commissioners, that it was fit for Them and Us to join together, to pluck up this Business by the Roots."
"He said, That whereas there is about Twenty-eight thousand Pounds Debt due from the Scotts to the County Palatine of Durham, and Newcastle, certified under the Commissary's Hands, that they would be content, that That Sum might be deducted out of the Eighty thousand Pounds here, if the County will be content to be paid by the Parliament; and desired that a Letter might be sent to the Commissioners of those Counties, to treat with the County to get their Consent accordingly."
" He said further, that this Business did not stand upon One String; there is another Matter, which is, concerning the Treaty: The Commissioners being now returned, have brought Word, that the Parliament in Scotland, have viewed and passed all the Treaty, only some few Things of Explanation altered; some other Things there were, wherein they were not fully satisfied in their Demands; yet have declared, this should breed no Difference, but would leave it to be settled by Commissioners at better Leisure: And said, they had agreed this Day to meet to collate the Treaty; and have resolved to draw it into the Form of an Act of Parliament; and they hope to finish it within a Day or Two."
"Next Thing was, for the Security of the Two hundred and Twenty thousand Pounds behind of the Brotherly Assistance; and this was yielded unto in the general, having formerly signed this; therefore desire this House to hasten the Bill for their Security for the Payment of this Money; and that some Five or Six be named of the Commissioners, to whom they might resort for the same; and the rather to hasten this, because the King takes Journey on Monday for Scotland.
Mr. Wheeler reports from the Committee appointed to examine in what Case the Money stands.
The Earl of Warwicke has this Day received all the Arrears due to the Scotts.
Five thousand Pounds, Sir Robert Pye and Mr. Wheeler;
Five thousand Pounds, the New Customers;
Three thousand Pounds, in the City's Hands, yet doubtful;
Three thousand Pounds, in the Chamber of London, in Cash;-towards the Eighty thousand Pounds, Part of the Brotherly Assistance.
Bishoprick, Twenty-six thousand Pounds.
Newcastle, Two thousand Pounds.
Northumberland, Ten thousand Two hundred Pounds.
Mr. Hampden and Mr. Goodwin, One thousand Pounds.
That the Committee appointed to examine how the State of the Money stands, do meet * * * *, and consider which Way the Two and Forty thousand Pounds, to be provided to make up the Eighty thousand Pounds, may be speedily raised.
Sir Wm Darcy, Sir John Conyers, Mr. Lilburne, and Mr. Hallyman, to write to the Country, to perfect the Accounts between the Scotts and English; and to send up a Certificate of them.
To send some Gentlemen into Northumberland, to the like Purpose; but not to delay the Sending down the Monies, till there come a Return from those Counties.
The Gentlemen that serve for the City, to enquire whether Thirty or Forty thousand Pounds may be provided upon good personal Security.
Sir Wm. Darcy, Sir John Conyers, Mr. Hallyman, Mr. Selwyn, and Mr. Lilburne, being called in; and demanded whether the Country would be contented to receive Security of this House, for their Payment of the Billet due to them from the Scotts; whether they had any particular Directions to this Point, but were sent up for the general Affairs of the Country; yet they durst undertake, that the Country would not only accept Payment of the Billet from this House, but will thank this House, if they shall please to appoint any such Course for the Payment of their Billet.
Sir Edward Powell is willing to continue the One thousand Pounds he formerly lent upon the Security of the Four Subsidies.
Leave to attend the King.
Mr. Treasurer, a Member of this House, has Leave to attend his Majesty in his Journey into Scotland.
Money due to Durham, &c.
Whereas there is Eight-and-twenty thousand Pounds due to the Bishoprick of Durham and Town of Newcastle: And that the said Sum of Eight-and-twenty thousand Pounds is certified and agreed unto between them and the Commissaries for the Scotts: This House doth undertake the Payment of the Eight-and-twenty thousand Pounds, in November next, or sooner, if it may be.
It is further Ordered, That, when it shall appear unto this House, by a Certificate, agreed upon between the County of Northumberland, and the Scotts Commissaries, there is the Sum of Ten thousand Two hundred Twentyfour Pounds Six Shillings and Ten-pence, that is due unto the said County from the Scotts, that.. will in like manner undertake the Payment of the said Sum of Ten thousand Two hundred Twenty-four Pounds Six Shillings and Ten-pence so agreed upon, in November next, or sooner, if it may be.
Ordered, That Mr. Speaker shall write his Letter to the Counties of Northumberland, and Bishoprick of Durham, and Town of Newcastle; and signify unto them, that this House has undertaken to secure unto them the Payment of Eight-and-twenty thousand Pounds, and Ten thousand Two hundred Twenty-four Pounds Six Shillings and Ten-pence, ascertained and agreed upon to be due unto the said Counties and Town, respectively, in November next; and that this House doth expect, that they should forthwith express their Consent herein to the Scots Commissaries: And that they immediately certify unto this House, that they have their Consent herein, to the Scotts Commissaries, as aforesaid.
That the Knights, Citizens, and Burgesses of the Counties adjoining, do forthwith send into their several Counties, to the Commissioners there, to require them, from this House, immediately to send to the Chamber of London such Sums of Money as are already collected, of the Poll-money, in their several Counties; and to use all possible Diligence in expediting the Raising of the Residue.