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, 8 Sept. 1641.
Ld. Elye's Case.
THE Declaration of the Commons, upon the Complaint of the Lord Viscount Elye, was read:
And then the Question of Assent to the said Declaration was first put:
And went with the Affirmative.
And then the Question was put for Ingrossing.
And went with the Affirmative.
Resolved, upon the Question, That this House doth consent, that this Declaration, now read, shall be the Declaration and Desire of the Commons, upon the Complaint of the Lord Viscount Ely, &c.
Lord Montnorris' Case.
The Declaration and Desire of the Commons, upon the Complaint of Francis Lord Montnorris, concerning an unjust Sentence, by Colour of Martial Law, &c. was read:
And then the Question for Assent to the said Declaration was first put:
And went with the Affirmative.
And then the Question for the Ingrossing was put:
Which likewise went with the Affirmative.
And thereupon it was Resolved, upon the Question, That this House doth consent, that this Declaration, now read, shall be the Declaration and Desire of the Commons, upon the Complaint of the Lord Viscount Dillon, &c.
Resolved, upon the Question, That this Declaration &c. shall be ingrossed.
Lord Dillon's Case.
The Declaration and Desire of the Commons, upon the Complaint of the Lord Viscount Dillon, &c. was read:
And then the Questions were put, ut supra.
Resolved, upon the Question, that this House doth consent, that this Declaration, now read, shall be the Declaration and Desire of the Commons in Parliament, upon the Complaint of the Lord Viscount Dillon.
Resolved, upon the Question, That this Declaration shall be ingrossed.
Ld. Netters field's Case.
The Declaration and Desire of the Commons, upon the Complaint of the Lord Viscount Netters field * * * *
Resolved, upon the Question, That this House doth consent, that this Declaration, now read, shall be the Declaration and Desire of the Commons, upon the Complaint of the Lord Viscount Nettersfield.
Resolved, upon the Question, That this Declaration shall be ingrossed.
The Declaration and Desire of the Commons, upon the Complaint of Edw. Fay Gentleman, and others, concerning illegal Proceedings against him, and others, was read:
Resolved, upon the Question, That this Declaration, now read, shall be the Declaration and Desire of the Commons, upon the Complaint of Ewd. Fay Gentleman.
E. of Kildare's Case.
Ordered, That the Declaration of the Earl of Kildare be laid aside till next Meeting.
Ordered, That Mr. Pym do manage the Conference concerning the Transmission of the Irish Causes.
E. of Meathe's Cause.
A Letter concerning the recommending of the Earl of Meathe's Cause to the Parliament of Ireland, was read; and ordered to be fairly ingrossed, for Mr. Speaker's Hand.
Assault on Collector of Poll-money.
The Petition of Ralph Badger, One of the Collectors for the Poll-money, complaining that he was beaten for doing his Office, in collecting the Poll-money assessed upon Robert Plukenett, was read:
And Badger was called in; and did aver the Petition: And the Certificate of Two of the Commissioners, that examined the Business, did likewise concur with Badger's Testimony: And it was likewise affirmed, by a Member of the House, that the said Plukenett did confess, that he did beat him, upon the Occasion of the Poll-money; and that he was willing to give him Satisfaction: It was thereupon.
Person sent for.
Resolved, upon the Question, That Robert Plukenett shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, to answer the Complaints against him, expressed in a Petition to this House, preferred by one Ralph Badger, and averred by him at the Bar.
A Letter from the English Commissioners in Scotland, of the Third of Sept. dated from Edinburgh, was read.
Levying Men for King of Spain, &c.
Lord Falkland, Mr. Pym, and Mr. Martin, are added to the Committee of Six, appointed to meet with the Committee of Lords, for drawing a Dispatch to his Majesty, concerning the Levies of Men in Ireland, for the Service of the King of Sp. and the King of France.
Ordered, That the Committee appointed to meet with the Committee of the Lords shall take this Letter from the Committee in Scotland, concerning the Four thousand Irish Soldiers, for the King of Sp. Service into Consideration; and frame an Answer to it: And likewise to prepare some Propositions, to be propounded to the Lords, at a Conference, concerning this Business.
A Message from the Lords, by Sir Ro. Rich, and Mr. Page;
The Lords desire a present Conference, in the Painted Chamber, if it may stand with the Conveniency of this House, by a Committee of both Houses, concerning Letters received from Mr. Secretary Vane and the Lord Howard.
Answer returned, by the same Messengers; that, upon the Consideration of their Lordships Message, this House is resolved to give a present Meeting, as is desired.
. . Solicitor, . .Pym, . .Vane, . .Bowyer, . .Goddwyn, are appointed Reporters of this Conference.
Deer in King's Forests, &c.
Ordered, Mr. Solicitor, Mr. Holland, Mr. Waller, Mr. Selden, Sir H. Vane, are appointed to prepare a Letter, and present . . to the House, to be directed to the several Sheriffs and Justices, of the Counties in and adjoining to the Forest of Windesore; requiring them to take care, that the Deer in his Majesty's Forests be not destroyed; and to repress all Tumults, that may arise thereupon; in regard there is a Law provided, and that this House will take care, for the Vindication of the Right of the Subject in that Particular.
Levying Men for King of Spain.
Mr. Pym reports the Conference had with the Lords on Monday last, and this Day.
And thereupon Two Letters, from the Lord General to the Lord Keeper, and a Copy of his Majesty's Letter to the Lord General, were read; being the Substance of the First Conference. And other Letters were delivered in: And the Part of a Letter from Sir H. Vane to the Lord Keeper was read: And a Letter was delivered, in from the Lord Howard; which was Part of this Day's Conference:
And then said, "That the Lord Privy Seal did acquaint us, that the House was very sensible of a Complaint, made to the King, of both Houses, of stopping the Ships to transport these Soldiers; which they could not but resent: And said, that what the Spanish Ambassador had done, concerning those Soldiers, was done without Consent of either House: And that they had looked into their Journals, and could not find any Consent of this House to any such thing: And said further, my Lord Newport would acquaint us of another Particular;- Who said, that a Corporal of his Troop, that is lately come out of the North, was spoken unto from the Spanish Ambassador, to conduct Horsemen to Plimouth; and to have about Three Pounds a Man for it: which he wished us to take notice of, that the Spanish Ambassador should take upon him to levy Men, here in England, without Consent of Parliament.
Houses to sit.
Ordered, That the House sit this Afternoon at Two of Clock.
Sir H. Vane went up to the Lords, to acquaint them, that this House intends to sit this Afternoon at Two of Clock; and to desire their Lordships, that they would do the like, if it may stand with their Lordships Conveniency.
Sir H. Vane brings Answer, that their Lordships will sit this Afternoon at Two of Clock, as is desired.
Levies of Men for Spain and France.
Ordered, That the Committee appointed for the Levies shall take into Consideration, to make a Stop of the Transporting of any Horse or Foot at Plymouth, Dover, or any other Port: And likewise, to take into Consideration, some Way to declare them Enemies to the State that receive Entertainment from any foreign Ambassador, without Consent of the King and Parliament: That there may be a Stop made of any Soldiers, or Horse, to pass out of any of the Ports of Ireland: And they have Power to send for Parties, that may inform them of the Particulars referred unto them.
Ordered, That Sir Jo. Colepeper, Mr. Waller, Sir H. Vane, and the Lord Falkland, do forthwith repair, Two of them to the Spanish Ambassador, and Two to the French, to know of them, by what Authority they treat with Officers, concerning the Levies of Men and Horse in England.
Ordered, That Sir Tho. Bowyer, Sir Robert Harley, Mr. Arth. Goodwyn, and Sir Jo. Hotham, be added to the Committee, concerning the Levies of Men for the King of Spain's and the French King's Service.
Prayer of Thanksgiving.
Ordered, That Mr. Arthur Goodwyn do go up to the Lords, with this Message:
To desire their Lordships to know of the Bishop of Lincolne, if he made the Prayer of Thanksgiving, now in Print: And whether he gave Order for the Printing and Reading thereof in his Diocese: And whether their Lordships gave any Consent thereto.
Disbanding the Army.
Ordered, That the Answer to the Lord General's Letter shall be, that his Lordship do proceed in the Disbanding of the rest of the Army and Garisons, according to former Directions: And Mr. Pym is ordered to draw the same.
Pollard's, &c. Pay.
Upon the Question, whether Mr. Pollard and Mr. Ashburnham should have their personal Pay;
|The House was divided: And the Yeas went out.|
|Sir Tho. Barrington,||Tellers for the Noe.|
|Sir Tho. Bower,|
|Sir Hen. Mildmay, and||Tellers for the Yea.|
|Sir Tho. Barrington reports, that the Noes,||49:|
|that sat, were - - - - -|
|And the Yeas, that went out, were - - 41.|
Resolved, That Mr. Ashburnham and Mr. Pollard shall not have their personal Pay.
Resolved, That Captain Drake, whose Name was omitted out of the List, shall have his Pay.
Ordered, That the Seven thousand Pounds, advanced by Sir Jo. Nulls, shall be paid again unto.. by the Commissioners appointed to receive the Poll-money for the City of London; who are ordered accordingly to pay the same unto him, out of such Monies as they receive.
Committee during the Recess.
The Committee of Six, formerly named, are likewise to consider, what Propositions are fit to be presented to this House, to be considered of; what Power is fit to be left with a Committee, for the Dispatch of such Matters as the House shall think fit to refer unto them, during the Time of Recess.
ORDERED, That the Vicar and Churchwardens of the Parish Church of Farneham, in the County of Surrey, shall permit a Lecture to be kept weekly in the Parish Church there, so long as the same Lecture shall be maintained: And, to that End, that the Doors * * * *
Innovations in the Church.
The Order that was brought in from the Committee the First of Sept., concerning the taking away Innovations, was read: And it was
Resolved, upon the Question, That this Order now read, shall be an Order of itself, without any Addition for the present: And that it shall be printed and published.
It is farther Ordered, That the Knights, Citizens, and Burgesses, of every Shire, City, and Borough, do take care to publish this Order, in their several Counties, Cities, and Boroughs.
A Message from the Lords by Sir Ro. Rich, and Mr. Page;
The Lords desire a Conference, by a Committee of both Houses, presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning Letters received from the Lord Maitland, one of the Scotch Commissioners; and concerning an Order for regulating People, and Houses, visited with the Sickness. -
Innovations in the Church.
Sir H. Vane went up to the Lords, to desire a Conference, by a Committee of both Houses, so soon as may stand with their Lordships Conveniency, concerning the Taking away of superstitious Innovations out of the Church.
Mr. Solicitor is appointed to manage this Conference.
Sir H. Vane brings Answer, that their Lordships will give a present Meeting, by a Committee of the whole House.
Answer returned, by the same Messengers; that the House has taken into Consideration their Lordships Message; and will give a present Meeting, as is desired.
Mr. Pym, Sir H. Vane, * Wheeler, are appointed Reporters of this Conference.
Ordered, That the Three Petitions, this Day presented to the House of Commons, from Captain Wrenham, shall be referred to the Consideration of the Committee for the Star-chamber: and that Committee has Power to sit on the Twelfth of Oct., to take these Petitions, and other Matters referred unto them, into Consideration; and to report the State of them to the House, at their Access.
Levies of Men for France and Spain.
Sir Jo. Colpeper reports the Answer from the Spanish Ambassador:
"That they had spoken with him; and delivered unto him what He, and the other Gentlemen joined with him, had in Command from this House: His Answer was, that, as the Condition of the King of Spaine now stood, he had so much Entertainment for Soldiers, that he would be glad to entertain Soldiers, either English, Irish, or Scotch: That, about Seven Months since, a Colonel came unto him (whose Name he knows not) and offered his Service for some English Soldiers; and said he hoped the King would grant him a Commission; But the Spanish Ambassador answered the Colonel, that, till the King had given Commission, he would not treat with him."
"We asked him, whether he had treated for any English Officers, Horse or Foot, for Supply of the King of Spaine? he answered positively, and negatively (after some Postures of Admiration to the Question) that he did not treat with any whatsoever."
"He did, by his Interpreter, desire Leave to speak something himself: But we made a Doubt, whether we had Commission to hear him; not knowing what Subjectmatter he might fall upon: yet we conceived we might hear what he said further, so it were pertinent to the thing in Charge; but not to give him Answer to any thing. So he proceeded, and said, that he understood the French Ambassador desired of the King and Parliament a Supply of English Soldiers; and that he had made no Desire of any; but was so confirmed, by the many Promises of his Majesty, that he conceived he was in Possession of the Irish Soldiers: And, if they were taken away from him, that That which he had was taken from him."
"He did use us with a great deal of Courtesy; and did express all the Respect that could be unto this House."
Ordered, That the Merchants, that are Parties to the Charter-party, and the Masters and Owners of the Ships, that were appointed to transport Irish Soldiers out of Ireland into the King of Spaine's Dominions, shall be at Liberty to trade with their Ships, provided that they give Ten thousand Pounds Security, by their own Bonds, for every Ship, to the Judge of the Admiralty, not to transport any of his Majesty's Subjects, as Soldiers, out of England, Ireland, or any other Part of his Majesty's Dominions to any foreign State, for the Service of the King of Spaine, or the French King, without his Majesty's Consent, by Advice of Parliament. And further Ordered, That the Customers shall not clear any of those Ships, till the Masters or Owners of such Ships do bring a Certificate, under the Hand of the Judge of the Admiralty, that they have given in the said Security.
Transporting Calve Skins.
Ordered, That the Merchants and Owners of such Calves-skins as they have already prepared to be transported, shall be at Liberty to transport the same, notwithstanding the former Order of this House; provided the said Calves-skins do not exceed Thirty-six Pounds in Weight, the Dozen.
Proceedings concerning Kemp, &c.
Ordered, That Mr. Kemp and Captain Wormley shall have Liberty to go upon their Occasions into Virginia, notwithstanding the former Order of this House for their Restraint: And that the Petitions preferred against them here be remitted to the Consideration of the Governor and Council in Virginia; in regard that this House, by reason of their many great Occasions, cannot intend to hear and redress those Complaints, at this time.
Ordered, That it shall be lawful for the Parishioners of any Parish, in the Kingdom of England, and Dominion of Wales, to set up a Lecture, and to maintain an orthodox Minister, at their own Charge, to preach every Lord's Day, where there is no Preaching; and to preach One Day in every Week, where there is no weekly Lecture.
Ordered, That the Vicar and Churchwardens of the Parish Church of Farnham, in the County of Surry, shall permit a Lecture to be kept weekly, on the Market-day in the said Parish Church, so long as the same Lecture shall be maintained by the Parishioners, or by others, that do voluntarily maintain the same; and, to that End, that the Doors of the said Church shall be duly kept open, on every Lecture Day.
Timber in Deane Forest.
Ordered, That a Stay be made of the Felling of any Timber Trees in the Forest of Deane, by the Patentees, or their Agents: And also, that a Stay be made of all such Timber Trees as are already cut down; and that none of them be carried away, till this House give further Order therein.
Sir Hen. Vane, who was appointed to go to the French Ambassador, reports, that he is gone out of Town to Oatlands; and will return this Night.
Resolved, upon the Question, That the Recess shall be To-morrow.
Message to Lords.
Mr. Waller is appointed to go up to the Lords, to desire their Lordships to sit To-morrow, if it may stand with their Conveniency; as this House intends to do: And to acquaint their Lordships, that this House intends to make a Recess To-morrow; unless some urgent Occasion shall intervene.
Leave of Absence.
Mr. Millington and Mr. Bellassis have Leave to go into the Country To-morrow.
Answer from Lords.
Mr. Waller brings Answer from the Lords, that the Lords will sit To-morrow: And that they will make a Recess To-morrow at One of Clock; till the Twentieth of Oct.: unless some urgent Occasion shall arise, as was formerly ordered.
The Orders delivered by the Lords, at a Conference, to be put in Execution against the Infection of the Plague, were read; and particularly voted; and assented unto, with some... and Alterations.
Letter to Ld. General.
A Letter, brought in from the Committee appointed to prepare a Letter to be sent to the Lord General, was read; and ordered to.. written fair, for the Speaker's Hand.
Ashburneham's, &c. Pay.
Upon the Question, whether Mr. Ashburneham and Mr. Pollard shall have their Pay, notwithstanding any former Order;
|The House was divided.|
|Sir John Colpeper,||Tellers for the Yea.|
|Sir H. Hayman,||Tellers for the Noe.|
Resolved, upon the Question, That Mr. Ashburneham and Mr. Pollard shall have their Pay, notwithstanding any former Order.
Lord Falkland and Sir John Colpeper are appointed to go to the French Ambassador, upon the Order this Day made.
Ordered, That the Transmissions of the Irish Causes, this Day ordered to be ingrossed, be transmitted to the Lords To-morrow Morning.
Ordered, That Sir Tho. Barrington report the Order concerning the Review of the Assessment and Collection of the Poll-money.
Levies for Spaine, &c.
Lord Falkland is to make his Report To-morrow, from the Committee, concerning Levies of Men to be made for the Service of the King of Spaine, and the French King.
Mr. Martin, Mr. Cromwell, Mr. Waller, Mr. Wheeler, Serjeant Wilde, are added to the Committee concerning the Levies of Men for the King of Spain, and French King's Service: And are to meet To-morrow Morning at Six of Clock, in the Inner Court of Wards.