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 Veneris, 13 Nov. 16 Car. Regis, 1640
Proceedings concerning Darley.
Ordered, That Henry Darley, Esq; now a Prisoner in the Castle at Yorke, be sent for in safe Custody to come hither, to prosecute a Petition exhibited here on his Behalf by his Brother; and to require the Keeper of the Castle at Yorke, or his Deputy, to certify hither the Causes of his Commitment, together with the Warrant:
It is likewise Ordered, that this Petition be referred to the Commitee for Courts of Justice, to be first considered of by them; and the Denial of the two Habeas Corpus's, by the Judges of the King's Bench, is specially referred to them likewise.
Person sent for.
Power to Committee.
Ordered, The Committee of Twenty-four to have Power to receive all such Matters as shall be presented unto them for the Advancement of their Business; and to abbreviate them, and to present them to the House.
Impeachment of Earl of Straford.
Mr. Treasurer, of himself, offered to move his Majesty, that the Committee for preparing the Charge against the Lord Lieutenant, may either have the Letters, or Copies of them, desired by the Lord Montnorris; viz. one dated 31° Julij 1635; another 25° Jan. 1635; another in Apr. 1636; directed to the Lord Deputy in Ireland.
Ordered, The Committee for preparing the Charge against the Lord Lieutenant being now sine Die, do meet this Afternoon at Four of Clock, in the Treasury Chamber: And the same Committee has Power to receive all such Petitions and Papers as may conduce to the Business; and has likewise Power to send for Records, Papers, Parties and Witnesses, [and] any other thing that they shall think may conduce [to the] Perfecting of that [Charge.]
Proceedings against Ratcliffe, &c.
The King's Solicitor reported from the Committee appointed to consider of the Manner of sending for Sir Geo. Ratcliffe, and Sir Robert King, being, as is informed, Members of the Parliament in Ireland; that the Committee were of Opinion, that it is better to examine this Matter according to the Rules and Foundations of this House, than to rest upon scattered Instances: They distinguished between the Case of Sir Geo. Ratcliffe, and Sir Robert King.-" We find an Information given (which, if it be true) of High Treason, then there is no Doubt, but in Case of High Treason (which Privilege of Parliament neither here nor there doth reach unto) but that Sir Geo. Ratcliffe may be sent for, though a Member in Parliament there. For the other, Sir Robert King, the Case did differ: For to send for him to testify in any Case, were of dangerous consequence; or to send for him to testify in the King's-bench, in Case of Treason, where the Court doth ordinarily sit. But this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing, or in any ordinary Court; for the Parliament is a Court that doth not ordinarily sit, a Court of the great Affairs of the Kingdom: Therefore, to be sent for hither to this high Court, and to testify in a Case of the highest Nature, in Case of Treason informed of against Sir Geo. Ratcliffe, we did conceive it to be no Breach of the Privilege of Parliament, that he should be sent for: And, if the House require of us our Opinions concerning the Manner for sending for him, we shall tell you what we conceive of it."
It is Ordered, by this House, upon Question, That Sir Geo. Ratcliffe, [being, as is informed,] a Member of the Parliament in Ireland, because there is an Information in this House of High Treason against him, shall be forthwith sent for, and brought hither in safe Custody; no Privilege of Parliament extending to this Case.
It is Ordered, by this House, upon Question, That Sir Robert Kinge, being, as is informed, a Member of the Parliament in Ireland, shall be summoned to be here forthwith, to give Testimony, in a Cause depending in Parliament here, wherein the Earl of Straford stands accused of High Treason by this House; and in that Cause, wherein Information is given in this House against Sir Geo. Ratcliffe, of High Treason; no Privilege of Parliament extending to this Case.
It was likewise offered from the Committee, That the honourable Persons near the Chair would beseech his Majesty, that he would be pleased to give such Directions, as in his Wisdom he shall think fit, for the more expeditious sending for these Parties.
Mr. Solicitor reported from the Committee, that the Opinion of the Committee was, that the Relief we have now in Consideration, should be raised by Act of Parliament: For the Manner of the raising it:
Mr. White, Sir W. Earle, Sir Ant. Irby, Mr. Greene, Sir Peter Heyman, Sir Edw. Askew, Sir Arthur Haslerig, Mr. Corriton, Sir Robert Harley, Mr. Goodwyn, Sir Jo. Evelyn, Mr. Prideaux, Mr. Roger Hill, Mr. Purefrey, Mr. [Stapeley,] Mr. Bond;
Accounts of Subsidy.
It is this Day Ordered, by the House of Commons, That the King's Remembrancer, the Auditors of his Majesty's Receipt, and any others his Majesty's Officers respectively, whom it may concern, shall make a Certificate of the last Subsidy, as it was assessed upon the several Counties; whereby this House may be informed of the Rates, as they were then paid in; and to certify the Returns of every County.