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, 10 Nov. 1640.
Word Honourable in Prayer.
Ordered, That this Petition be referred to the same Committee as Mr. Leighton's is; and that by Authority of this House, he may have Liberty to prosecute his Petition here exhibited. And that Sir Edward Deering be added to that Committee.
Exception to a Member's Words.
Proceedings concerning Smart, &c.
Ordered, That Peter Smart's Petition be referred to the Committee for Mr. Leighton's Petition: And it is referred to the Consideration of the same Committee, by whose Motion and Means Doctor Cousins is preferred to his late Dignity: And the Committee is to consider, whether any Man complained of here, being a Convocation-man, may not, by Authority of this House, be sent for by a Serjeant at Arms.
It is likewise Ordered, That Mr. Smart, in all Particulars, shall have the same Liberty as Mr. Leighton has; and that he may have Copies of the Records in the King's-bench, and the High Commission Court, that concern his Business, gratis.
Speaking to Order.
State of the Kingdom.
Ld. Digby, Sir Fra. Seymour, Sir Jo. Culpepper, Mr. St. Johns, Sir Tho. Widrington, Sir Robert Harley, Mr. Selden, Sir Miles Fleetwood, Mr. Pimme, Mr. Grimston, Sir Peter Heyman, Mr. Kirton, Sir Walter Erle, Sir Jo. Clotworthy, Sir Jo. Strangewayes, Mr. Perpoint, Mr. Bagshaw, Mr. Hampden, Mr. Capell, Mr. Crew, Mr. Perd, Mr. H. Bellassis, Sir Tho. Barrington, Sir Ben. Rudyard;
This Committee is to draw, out of that which hath been presented, or shall be presented, to this House, some such Way of Declaration, as may be a faithful Representation to this House of the Estate of the Kingdom: And any other Committee, that shall find any thing fit for this Business, shall report it to the House; that the House may, if they shall find Cause, recommend it to this Committee, to be from them presented to this House.
The Lords desire a Conference, and if it may be convenient, presently in the Painted Chamber;-their Number is Twenty;-It is concerning Breach of the Privilege of their House, by some Members of this House.
Grievanes of Northumberland.
Conference with Lords.
Lord Russell, Ld. Cramborne, Ld. Herbert, Ld. Digby, Mr. Comptroller, Sir Ben. Rudyard, Sir Walth. Devoreux, Mr. Hollys, Mr. Newport, Ld. Falkland, Sir Wm. Litton, Mr. Noell, Sir Wm. Masham, Mr. Selden, Ld. Rich, Sir Sydney Mountague, Sir Jo. Strangewayes, Mr. Ashburnham, Mr. Hampden, Mr. Pimme, Sir Fr. Seymour, Ld. Buckhurst, Ld. Dungarvon, Ld. Wenman, Mr. St. John, Ld. Fairefax, Sir H. Mildmay, Mr. Bellassis, Sir Tho. Barrington, Sir Jo. Clotworthy, Mr. Arthur Goodwin, Sir Francis Knollis, Col. Goring, Mr. Porter, Sir Edward Deering, Ld. Mansfield, Mr. Pelham, Mr. Grimston, Sir Guy Palmes, Sir Nevill Poole;
Persons in the Passage.
Ordered, A Warrant to issue under Mr. Speaker's Hand, directed to the Clerk of the Crown, for Issuing of a new Writ, to be sent to the Sheriff of Carnarvonshire, for Election of the Knight of that Shire; because no County-day did intervene between the Receipt of the Writ and the Day of the Appearance in the Parliament; so that the Writ was returned with a Tarde.
"The Occasion of this Conference was expressed by [my Lord of] Canterbury; which was, that they conceived there hath been a Breach [of the] Privilege of That House, occasioned by some Members [of This House]."
"The Matter of Fact was this: Two Lords of That House, the Earl of Warwick, and my Lord Brooke, since the Dissolution of the last Parliament, had their Persons seized, and their Pockets searched, by a Clerk of the Council, Sir Wm. Beecher; who, being now called before the Lords, dischargeth himself upon two Warrants, under the Hands of the Two Secretaries, who were then Members of this House. The Warrants themselves are delivered unto me, to be read here: And the Lords expressed, it was out of a Desire of all Correspondency between them and us, that they would not proceed in any thing in this Business, without acquainting you with it; and that this was done without any Crime urged to be done by those Lords, either before or since this Fact."
Ordered, Mr. Coventrye's Case to be speedily heard at the Committee for Privileges; and that if it prove that he is well elected, then to be presently admitted; if not, that then a new Warrant issue forth, under Mr. Speaker's Hand, to the Clerk of the Crown, for Electing of another Burgess to serve for the Town of Exon, in the stead of Mr. Sandys, disabled, by Order of this House, to sit here.