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 Jovis, 26 Aug. 1641.
2da vice lecta est Billa, AN Act for preventing the Abuses in Smelting of Lead; and to preserve And the Question being put for the Commitment; and the Ingrossing.
They both passed with the Negative.
And thereupon the Bill was rejected.
Mr. Whistler reports the Case of Londonderry.
Resolved, upon the Question, That the Opinion of this House is,
1. That the Citizens of London were solicited and pressed to the Undertaking of the Plantation of Londonderry.
That the Copy, attested with Mr. Goad's Hand, is a true Copy of the Sentence given in the Star-chamber, against the Mayor and Commonalty of the City of London, and the Society of the Governor and Assistants of London, of the New Plantation of Ulster in the Kingdom of Ireland.
That the Order made in the Court of Star-chamber, dated 8° Martii, 8° Caroli, is unlawful, both for the Matter, Persons, and Time, therein prefixed.
4. That this House is of Opinion, that the King was not deceived in the Grant which he made unto the Society of Governor and Assistants of London, of the New Plantation of Ulster, in the Kingdom of Ireland; in particular, not in creating a new Corporation, called, The Society of the Governor and Assistants of London of the New Plantation of Ulster, in the Kingdom of Ireland.
5. Resolved, That this House is of Opinion, that the King did not, by that Patent, grant more Lands than was by him intended to be granted, nor was therein deceived.
6. That it doth not appear, by sufficient Proof, that the Citizens of London were tied to perform the printed Articles; and consequently, not bound to plant with English and Scotts; nor restrained from planting with Natives.
7. By the Twenty-seventh Article, the City was to build Two hundred Houses in Derry, and One hundred at Coleraine, by the First Day of November 1611; Admitting the Houses were not built, nor the Castle of Culmore repaired by the Time prefixed; yet this is no Crime, nor Cause for giving Damages, in regard the City had not their Patent, until the Twenty-ninth of March 1613.
8. That there is no Proof, that the Governor, &c. of the New Plantation, or any of the Twelve Companies, did make any Lease unto any Popish Recusant; nor of any Decay of Religion there, by Default of the Planters.
9. That there is no Proof of any Default in the Planters, for not making a sufficient Number of Freeholders; nor any Article, that doth tie them thereunto.
10. That there is not Proof, that the City of London, or the Governor of the New Plantations, have felled any Trees, in the Woods called Glancankin and Killitrough, contrary to their Covenant.
11. That the not conveying of Glebe Lands to the several Incumbents of the several Parish Churches, in regard they did enjoy the Lands, is no Crime punishable, no cause of Seizure of their Lands.
12. That the Breach of Covenant (if any such were) is no sufficient Cause to forfeit the Lands.
13. That the Breach of Covenant is no Crime, but triable in ordinary Courts of Justice.
14. That the Court of Star-chamber (while it stood as a Court) had no Power to examine Freehold or Inheritance.
15. That the Court of Star-chamber (whiles it stood as a Court) had not any Power to examine or determine Breach of Covenants or Trusts.
16. That the Sentence upon these Two Corporations aggregate, no particular Person being guilty, it is against Law.
17. That, in all the Proof of this Cause, there doth not appear Matter sufficient to convince the City of London of any Crime.
18. That, upon the whole Matter, this Sentence in the Star-chamber was unlawful and unjust.
19. That this Composition and Agreement, made with the City upon these Terms, in this Time of Extremity, ought not to bind the City.
20. That this House is of Opinion, that when the King shall be pleased to repay those Monies, which he hath received upon this Composition, and such Rents as he hath received by Colour of this Sentence, that then his Majesty shall be restored to the same State he was in; and the Patent, thereupon gotten, shall be cancelled, or surrendered.
21. That the Citizens of London, and all those, against whom the Judgment is given in the Scire facias, shall be discharged of that Judgment.
22. That the Opinion of this House is, that they think fit, that both the Citizens of London, and those of the New Plantation, and all Under-tenants, and all those put out of Possession by the Sequestration, or King's Commissioners, shall be restored to the same State they were in before the Sentence in the Star-chamber.
Beresford's, &c. Case.
The Case of Tristram Beresford, Ralph Freeman, and John Stone.
Resolved, upon the Question, That the Conveyances to Mr. Beresford, and the rest of the Parties, to whom the Conveyances were made, are well executed.
That, by the Haberdashers being made no Parties to the Scire facias, their Estate is not avoided by the Judgment:
That the Opinion of this House is, that the said Parties ought to be in the same Estate they were in before the Issuing of his Majesty's Commission.
The Case of Patrick French.
Resolved, upon the Question, That the Possession of those Lands, complained of in this Petition of Patrick French, was taken from him unjustly, without all Colour of Law; and that he ought to be restored to the Possession, and to the mesne Profits during that Time.
Letters to Ld. General, &c.
Mr. Pym presented Two Letters; the One to be sent to the Lord General, and the other to Sir Wm. Uvedale: Which were read; and ordered to be writ fair, for Mr. Speaker's Hand: And the Resolutions concerning the Payments to Sir Jo. Barkeley, Mr. Daniel Oneale, &c. were ordered to be sent inclosed: And likewise, Two Copies of the Ordinance of Parliament, concerning the Eight Shires, were sent down.
Persons sent for.
Resolved, upon the Question, That the Postmaster of Ware, and his Deputy, be forthwith sent for, as Delinquents, by the Serjeant at Arms attending on this House, for contemning a Warrant under Mr. Speaker's Hand, and refusing to speed Mr. Rushworth, sent by Order of this House, upon the special Affairs of the Kingdom, according to the Order of this House.
Noland, &c. to be free from Arrests.
Ordered, That Mr. Noland, and his Witnesses, mentioned in the Warrant made by the Chairman for the Committee for Irish Affairs, shall be free from all manner of Arrests and Molestations, during their Attendance in the said Cause, and after they be served with the said Warrant.
Resolved, upon the Question, That the Day for the Recess shall be propounded to the Lords, to be on Wednesday come Sevennight.
Resolved, upon the Question, That the Day for the Return shall be propounded to the Lords, to be on the Twentieth of October next.
A Message from the Lords, by Mr. Page, and Dr. Bennett;
The Lords desire a present Conference, by a Committee of both Houses, in the Painted Chamber, if it may stand with the Conveniency of this House, con cerning the Preservation of the Mines of Salt-petre in this Kingdom.
Answer returned, by the same Messengers;
The House is resolved to give a present Meeting, as is desired.
..Hollis, .. Clotworthy, .. D'Ewes, .. Barrington, are appointed Reporters of this Conference.
Martyn's, &c. Loan.
Mr. Martyn, on the Behalf of his Father, himself, and the rest of the Burgesses for the County of Berks, continues the Two thousand Pounds, formerly lent by them for the Service of the Commonwealth: It is therefore Ordered, That they be secured out of the Pollmoney, for the Repayment thereof.
Ordered, That all, that will come, shall have Voices at the Committee for Mr. Fisher's Business.
Sir Tho. Barrington goes up to the Lords with a Message for a free Conference concerning Adjournment of the Parliament; and to desire the Lords to sit this Afternoon.
Ordered, That the Justices of Peace, Burgesses, and Assistants, for the Liberty of the City of Westminster, be required, from this House,.. take especial Care, that the Houses be safely locked up where any Persons are visited with the Sickness; and to cause a Watch continually to be kept at the Doors of such Houses, so visited as aforesaid; and a Red Cross, with a Lord have mercy upon us, (as was usual) to be put upon the Door; or otherwise the said visited Persons be removed, according to the Discretion of the said Justices, as formerly hath been accustomed.
Kilvert and Abell.
Ordered, That the Bill against Kilvert and Abell be read To-morrow Morning.
Business to be done.
Ordered, That the Votes concerning Londonderry, and the Report.. Transportation of Allom, be made this Afternoon: And that, To-morrow Morning, the Levying of the Soldiers in Ireland, and the Disarming of Recusants be taken into Consideration.
Proceedings against Hobbs.
Whereas one Rich. Hobbs doth pretend to have a Protection under the Hand of Mr. Griffith the Father, or Mr. Griffith the Son, both Members of this House; but both of them do disavow the said Hobbs to be any menial Servant of theirs: Therefore Ordered, That Stephen Penton, who arrested the said Hobbs, shall have Liberty to proceed at Law against him, notwithstanding any such pretended Protection.
Sir Tho. Barrington brought this Answer from the Lords; that they would give a Meeting To-morrow Morning at Nine of the Clock; and that they would sit this Afternoon at Five of the Clock.
SIR H. Vane is to go up .. the Lords, to put them in mind, that the Seventh of Sept. is appointed by the Act of the Treaty, for a Day for publick Thanksgiving; and to desire their Lordships to take into Consideration, and to join with this House in taking such Course, that the same may be observed.
A Petition from the Magistrates, Ministers, and People, of the City of London, concerning a Fast, was read: And thereupon, it was
Ordered, That a Message be sent to the Lords, Tomorrow Morning, to desire a Conference, concerning a Petition preferred by the Magistrates and Ministers of the City of London, concerning a Fast.
The Votes from the Committee for the Irish Affairs, concerning the Case of Londonderry, were now put to the Question; and assented unto; though the Report was made in the Forenoon.
State of the Navy, &c.
Sir Jo. Colepeper reports the State of the Navy:
Resolved, upon the Question, That it is the Opinion of the House, that Fifteen thousand Pounds per Month should be paid out of the Receipt upon the present Bill of Tonage and Poundage, from the Commencement of the said Bill to the Expiration thereof, for the Discharge of the Twenty Ships, set forth by Order of this House, and of other necessary Expences for the Support of the Navy; and that the Commissioners for the Treasury shall be desired to grant Warrants accordingly; and that the Customers be appointed to make the said Payments.
Resolved, upon the Question, That Sir John Colepeper and Sir Henry Vane, Members of this House, be appointed to desire the Commissioners of the Treasury speedily to meet, and agree upon the Manner for doing thereof: And that the Lords may be desired to join with this House, in ordering the said Payments.
Resolved, upon the Question, That the Opinion of the House is, that the Lords shall be desired to join with this House in [an] Order, that the Lord General shall appoint the Governor of Barwick to ship the Ordnance and Ammunition there, in fitting Ships, trading to Newcastle, to be hired here, to transport the same from thence to the Tower of London; and some of the King's Ships may be commanded to waft the same accordingly: And that the Ordnance and Ammunition of Carlisle shall, by Order of the Lord General, be carried from thence to Newcastle; and there be shipped likewise for the Tower of London.
Sir H. Vane brings * *, that the Lords were of Opinion, that an Order should go forth from the Lords, wherein it should be declared, that both Houses intend, on the Seventh of Sept. to celebrate the Day of publick Thanksgiving; and did agree, that an Order of both Houses should go forth, for the Observing of that Day, through the whole Kingdom; and, to that Purpose, have appointed a Committee of Five.
Mr. Rowse, * H. Vane, * Colepeper, Serjeant Wilde, * Mildmay, * Barrington, * Harley, * Montfort, * Falkland, * Cave.
This Committee is to join with a Committee of the Lords, to prepare an Order for celebrating the publick Thanksgiving on the 7th of September.
Bailing a Prisoner.
Ordered, That Sir H. Compton, now in the Custody of the Serjeant at Arms, upon the Report of the Soap Business, shall be forthwith bailed, upon the Security of the Earl of Northampton and the Lord Viscount Rochfort; the Principal in Ten thousand Pounds, and the Security in Five thousand Pounds apiece.
Ordered, That the Ordinance and Instructions concerning disarming Recusants, now presented from the Committee, and read, shall be taken into farther Consideration To-morrow Morning.