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, 9 Sept. 1641.
Apprehending Priests, &c.
Ordered, That John Reyner, John Salkeld, H. Hughes, and Wm. Pennatt, shall have Warrants under Mr. Speaker's Hand, for the Apprehending of Priests, and Seizing of Massing-stuff, according to former Orders, and Warrants granted to the same Purposes.
Perfon sent for.
Resolved, upon the Question, That Herman Shepheard Curate of Farneham, shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for his Contempt and Neglect of the Order of this House.
Buildings in St. Cloment's Danes.
Ordered, That Sir Jo. Clotworthy, Sir Hen. Vane, Mr. Arthur Goodwyn, Mr. Lawrence Whittacres, and Mr. Bell, or any Two of them, shall view the Buildings, and Place intended for new Buildings to be erected upon, mentioned in the Petition of the Inhabitants of the Parish of St. Clement's Danes: And to certify to this House their Opinions thereof, for the Matter of Inconveniency.
Lord Mountnorris Case.
The Orders for regulating the People visited with the Plague, delivered by the Lords at a Conference, were read, with the Amendments and Alterations made by this House; and assented unto; and ordered to be delivered to the Lords, at a Conference.
Lord Loftus' Case.
The Declaration of the Commons, upon the Complaint of the Lord Viscount Loftus, being ingrossed, was read; and, by Resolution upon the Question, assented unto; and ordered to be transmitted unto the Lords.
Lord Dillon's Case.
Lord Nettersfield's Case.
The ingrossed Declaration of the Commons, upon the Complaint of Nicholas Lord Viscount Nettersfield, was read; and, by Resolution upon the Question, assented unto; and ordered to be transmitted unto the Lords.
E. of Meath's Cause.
A Letter for Mr. Speaker to send into Ireland, concerning the Recommendation of the Earl of Meath's Cause to the Commons House of Ireland, was read: And, ordered, that Mr. Speaker should sign that Letter; and send it.
Letter to Berks, &c.
The Lords do sit, according to the Desire of this House. They have set a good while. They expected they should hear from this House, concerning the Committees in Scotland. They desire, in regard of their intended Recess, that they may hear from this House with what Conveniency they may.
Levies of Men for for France and Spain.
Lord Falkland reports the Answer he received from the French Ambassador; who expressed a great deal of Respect to this House - to this great Body, as he calleth it: He said, If he had treated with any Soldiers to serve the French King, he could justify it; for that he had Commission from the King: But, when he heard this House was against it, he was resolved not to treat with any, without the good Pleasure of the Parliament; and did not look for any Reimbursement, as the Spanish Ambassador doth. He confessed some Persons did offer themselves unto him, but he gave this Answer, that if they could get the Consent of Parliament, he would entertain them: Others came unto him, Frenchmen and Wallownes; which he did not entertain: But to his Knowledge, they have gone since to the Spanish Ambassador; and he hath entertained them: And, if he had taken those Courses the Spanish Ambassador hath done, he might have had Letters of Recommendation, as well as he had, for Soldiers: But said, as he hath ever behaved himself with Respect to this House, so he should ever do it.
When his Majesty was pleased to acquaint both Houses with the Desire of the French and Spanish Ambassadors to transport Forces out of England and Ireland, his Majesty did withal graciously express his Resolution, not to consent to those Desires, without the Consent of his Parliament.
Both Houses have searched their Journals; and find by them, that not only they never made any Expression of such a Consent, (as they can make no such but by Order) but that both Houses have, by Vote, declared their Opinions to the contrary; and have inclosed the Copy of those Votes.
That the Parliament cannot but wonder, that any Person should presume to inform his Majesty, that they had made any such Expression (having made no such Vote) which they conceive to be destructive to the Proceedings, and contrary to the Privilege, of Parliament.
And this being the State of the Matter of Fact, the Parliament doth no less wonder, and conceives it a high injury to them, that the Spanish Ambassador should offer a Complaint of them to his Majesty, for doing of that, which (his Majesty having referred the Consideration of the Ambassador's Desires to Parliament) they could not but do, without manifest Breach of their Duties, as Counsellors in this his Majesty's great Council of Parliament, for the Reasons following:
1. That the Want, in which foreign States stand, of Men is such, that great Use may be made of them by his Majesty, and advantageous Conditions had for them, in the Making or Strengthening of Alliances abroad, as his Affairs, and Reasons of State, may require: Which will be lost, (as to so many, and, we fear, as to more, which under Colour of these, may be transported) if these Men should be thus parted with.
2. That the Breeding of Irish Papists, in a foreign War, may beget Danger to that Kingdom, and Trouble to this; especially serving under the King of Spaine; there being already in his Dominions, and in his Armies, principal Fugitives of that Nation, and that in great Commands, over a Militia of the same.
3. That his Majesty having sent an extraordinary Ambassador to Ratisbone, to demand, that, in this present Dyet, Justice be done to the Electoral House, by the House of Austria; and likewise published a Manifest, by Advice of Parliament, declaring, that, if this be not done by them, (with whom how the Interests of Spaine are involved and interwoven, is evident to all Men) his Majesty will employ all such Power, where-with God hath enabled him, both by his own Armies, and the Assistance of all his Allies, to vindicate his Honour: The Parliament conceives, that, before Answer be made to this so just Demand, it is neither safe nor honourable for his Majesty to furnish that Prince with Forces; which may be a Disheartening to the Protestant Party abroad, a Weakening to his Majesty, and a Strength to his Enemies, in case Justice be not done to the Electoral House; which they conceive themselves to have the more Cause to doubt, by reason of the Publication in Print of the late general Amnesty, to the Exclusion of the Prince Palatine.
Levies of Men for France and Spain.
"1. That a Conference be had with the Lords, to desire them to join with us, in an Ordinance to their and our Committee, to order them humbly to present to his Majesty this true Declaration of the Matter of Fact, and these Reasons for these our Votes; to the end that his Majesty may be fully satisfied, and not be moved to the contrary, either by the Spanish Ambassador's Misinformation, or Importunity."
"2. That, credible information being given of Preparations made for Transporting of Forces to these several Princes Dominions, to desire the Lords to join with us in an Ordinance of Parliament, that neither Horse nor Foot be suffered to be transported out of any of the Ports, either of England or Ireland, till his Majesty, with the Advice of his Parliament, take further Order: And that Expresses be speedily sent with that Ordinance to Ireland, Dover, Plimouth."
An Ordinance, made and agreed upon by the Lords, and Commons, in Parliament, the 9th of September 1641, concerning the Raising and Transporting of Forces, of Horse or Foot, out of his Majesty's Dominions of England and Ireland.
FOR the Safety and Defence of this Kingdom, and for the better Enabling of his Majesty to aid and assist his Allies abroad, it is Ordered, by the Lords, and Commons, in Parliament, That none of his Majesty's Subjects shall treat or contract with any foreign Prince or State, as the Ambassadors, Agents, or other Ministers, of any such Prince or State, concerning raising or transporting any Forces, either Horse or Foot, to be employed in the Service of any such Prince or State:
That it shall not be lawful for any Owner or Master of any Ships, in either the said Kingdoms, to contract or agree for the Transporting of any Forces, Horse or Foot, out of this Kingdom, for the Service of any foreign Prince or State:
And that no such Forces shall be raised, transported, or employed, by any Person whatsoever, in the Service of any foreign Prince or State, without the special Licence of his Majesty, with the Consent and Advice of the Lords and Commons in Parliament.
It is further Ordered, That none of the Ships of any of his Majesty's Subjects of England or Ireland, which are or shall be employed in the Service of any foreign Prince, shall be used or employed against any Forces, which shall be any-where commanded by his Majesty's Commission, by Sea or Land: But such of his Majesty's Subjects, as are in any such Service, shall forthwith withdraw themselves from the same, and refuse to bear Arms in any such Case.
It is likewise Ordered, That whosoever shall contemn or disobey this Ordinance shall be taken to be a high Contemner of the Authority of both Houses of Parliament; and shall be liable to such further Censure, as shall stand with Honour and Justice in that behalf.
Lord Falkland, Mr. Pym, Mr. Martin, Sir Jo. Clotworthy, Sir John Colepeper, Mr. Waller, Sir Tho. Barrington, Mr. Waller, is appointed to go to the Lords, to desire a Conference with the Lords, as soon as may stand with their Lordships Conveniency, concerning the Restraining of Forces, to be employed in the Service of foreign Princes; and concerning Instructions to be sent to the Committees in Scotland.
Letter to Ld. General.
Conference with Lords.
The Lords desire a Conference, by a Committee * * * * concerning the Ordinances, and Instructions, that were sent from this House: And likewise about a Committee, which they do appoint for Receiving and Answering of such Letters as should come from the Committees in Scotland.
"Lord Privy Seal said, that to One Ordinance they had fully assented, without any Alteration: To the other they assented, with One Alteration. Whereas it is said, "that the Ordinance should remain during this Session," they have altered "to endure till the First of November:"
"That they have likewise appointed a Committee, whereof Three to be of the Quorum, to receive and answer such Letters as should come from the Committees in Scotland; and that should join with a Committee of this House, concerning any thing that may occur touching the Sending down Money upon Occasion, that shall come in upon the Bill of Poll-money."
Ordinance agreed to.
Conference with Lords.
- to desire a Conference, concerning the Transmission of some Irish Causes; and concerning the Orders touching the Regulating of the People visited with the Plague: And to acquaint the Lords, that this House does assent to the Ordinance, with the Amendments, that came down from the Lords.
Prayer of Thanksgiving.
Resolved, upon the Question, That the Messenger shall likewise 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 thereunto.
The Lords do desire a Conference, by a Committee of both Houses, so soon as may stand with their Lordships Conveniency, concerning the Performance of Divine Service through the Kingdom, according to the Statutes of the Realm.
Answers from Lords.
Mr. Arth. Goodwyn brings Answer, that their Lordships will give a present Meeting, as is desired: That, as to the Prayer, the Lord Keeper said, the Bishop of Lincolne confessed the Making of it, but did not enjoin the Reading of it; nor delivered it: And that the Lords gave no Allowance of it: And that he made it Two or Three Days before the Day.
Sir John Colpeper reports, that the Bishop of Lincolne said, that, upon divers Complaints to that House, of the Disturbances in Divine Service, the Lords made an Order, of the Sixteenth of Jan. 1640, in hæc verba:
"It is this Day Ordered, by the Lords Spiritual and Temporal, in the High Court of Parliament assembled, That the Divine Service be performed as it is appointed by the Acts of Parliament of this Realm: And that all such as shall disturb that wholesome Order shall be severely punished, according to the Law: And the Parsons, Vicars, and Curates, in the several Parishes, shall forbear to introduce any Rites or Ceremonies, that may give Offence, otherwise than those which are established by the Laws of the Land."
Committee during the Recess.
Resolved, upon the Question, That a Committee shall be appointed by this House, that shall have Power, during this Recess, to receive and open, such Letters as shall come from the Committees in Scotland; and to give Answers according to the former Instructions and Orders of this House.
Resolved, upon the Question, That this Committee shall take care, that the Orders of this House be punctually observed, concerning the Disbanding of the Army, Train of Artillery, and Garisons; and for the Issuing and Sending down of Monies, to those Purposes, accordingly.
To acquaint their Lordships, that this House has appointed a Committee, to those Purposes expressed in their Message: And has likewise given them this Power, to recall their Committees in Scotland, if they shall see Cause.
Ordered, That Jasper Greening shall have Licence to take in, at Rochester, Eighteen Ton of Fullers Earth, to transport into Devonshire, for the Service of that County; provided that good Security be first given, not to carry the same beyond Seas, or into any other Part of the Kingdom, than into the said County of Devon.
Resolved, upon the Question, That Mr. Marshall shall be desired, from this House, to print the Sermon, preached by him, at the Intreaty of this House, at Lincoln's Inn Chapel, on the 7th of Sept. when the publick Thanksgiving for the happy Conclusion of the Treaty was celebrated.
Levies for foreign Princes.
A Copy of a Letter presented from the Committee, concerning the Restraining of Transporting of Men, to be employed in the Service of foreign Princes, was read; and, by Resolution upon the Question, assented unto; and ordered to be fair written for Mr. Speaker to subsign, and to send to the Lords Justices of Ireland.
Resolved, upon the Question, That the Vote of this House, reciting the Order of the Lords of the 16th of January, concerning the Performance of Divine Service, as it is appointed by the Acts of Parliament of this Realm; with the Narrative of the whole Matter; shall be prepared by a Committee, to be presented to this House to be printed: The Committee follows;
THE Knights, Citizens, and Burgesses of the Commons House, having received many great Complaints from the several Parts of this Kingdom, of heavy Grievances upon divers of his Majesty's Subjects, by the excessive Pressing of some Matters concerning Religion, which are, in their own Nature, indifferent, by Pretext or Colour of the Laws now in Force; and by the unlawful Enforcing other Things, without any Colour of Law; and considering that a full Reformation cannot be made in this Streight of Time, did, for the Comfort and Ease of the People, frame an Order in Manner following.
"Whereas divers Innovations, in or about the Worship of God, have been lately practised in this Kingdom, by injoining some Things, and prohibiting others, without Warrant of Law, to the great Grievance and Discontent of his Majesty's Subjects: For the Suppression of such Innovations, and for Preservation of the publick Peace, it is this Day Ordered by the Commons in Parliament assembled:"
"That the Churchwardens of every Parish Church and Chapel respectively, do forthwith remove the Communion-table from the East End of the Church, Chapel, or Chancel, into some other convenient Place; and that they take away the Rails, and level the Chancels, as heretofore they were before the late Innovations:"
"That all Crucifixes, scandalous Pictures of any One or more Persons of the Trinity, and all Images of the Virgin Mary, shall be taken away and abolished; and that all Tapers, Candlesticks, and Basons, be removed from the Communion-table:"
"That the Orders aforesaid be observed in all the several Cathedral Churches of this Kingdom, and all the collegiate Churches or Chapels in the Two Universities or any other Part of the Kingdom, and in the Temple Church, and the Chapels of the other Inns of Court, by the Deans of the said Cathedral Churches, by the Vicechancellors of the said Universities, and by the Heads and Governors of the several Colleges and Halls aforesaid, and by the Benchers and Readers in the said Inns of Court respectively:"
"That the Lord's Day shall be duly observed and sanctified; all Dancing, or other Sports, either before or after Divine Service, be forborn and restrained; and that the Preaching of God's Word be permitted in the Afternoon, in the several Churches and Chapels of this Kingdom; and that Ministers and Preachers be encouraged thereunto."
"That the Vicechancellors of the Universities, Heads and Governors of Colleges, all Parsons, Vicars, Churchwardens, do make Certificates of the Performance of these Orders: And if the same shall not be observed in any of the Places afore-mentioned, upon Complaint thereof made to the Two next Justices of Peace, Mayor, or Head Officers of Cities, or Towns corporate, it is Ordered, That the said Justices, Mayor, or other Head Officer, respectively, shall examine the Truth of all such Complaints, and certify by whose Default the same are committed: All which Certificates are to be delivered in Parliament before the Thirtieth of October next."
And did upon the 8th of Sept., in Conference with the Lords; desire their Lordships to consent unto it; and to join with them in the Publishing thereof: Where-unto they never received Answer; but, contrary to their Expectation, upon this present 9th of Sept., being the Day intended for the Recess of both Houses, they received in a Conference, from their Lordships, an Order dated Jan. 16th 1640.
"It is this Day Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That the Divine Service be performed as it is appointed by the Acts of Parliament of this Realm: And that all such as shall disturb that wholesome Order shall be severely punished, according to the Law; and the Parsons, Vicars, and Curates, in the several Parishes, shall forbear to introduce any Rites or Ceremonies, that may give Offence, otherwise than those which are established by the Laws of the Land."
And another, of this present 9th of Sept., in these Words: "Resolved, upon the Question, this present 9th of Sept., That the abovesaid Order shall be printed, and published:" Desiring, that the Commons would join with them in the Publishing thereof: Which being presented to the House of Commons, it was thought unseasonable, at this Time, to urge the severe Execution of the said Laws: Whereupon it was voted, that they do not consent to those Orders, or either of them: And they have thought fit to make this Declaration, that it may be understood, that the last Order of the Lords was made with the Consent only of Eleven Lords; and that * other Lords then present did dissent from it; so that it may still be hoped, when both Houses shall meet again, that the good Propositions and Preparations in the House of Commons, for preventing the like Grievances, and reforming other Disorders and Abuses in Matters of Religion, may be brought to Perfection. Wherefore we expect, that the Commons of this Realm do, in the mean time, quietly attend the Reformation intended, without any tumultuous Disturbance of the Worship of God and Peace of the Kingdom:"
It is farther Ordered, That this Declaration, when it shall be printed, shall be brought to the Committee that is appointed to sit during the Recess; to compare with the Record; and to take Care for the Dispersing of them.
It being this Day moved to the House of Commons, to deliver their Opinion concerning the Intent of the Act of Poll-money; who are to be accounted Esquires, by the Intent of that Act; and whether Clergymen should by the Act be compelled to pay, having under One hundred Pounds per Annum, as Laymen do;
To the First it was declared, That all Men, who have caused, or willingly permitted themselves to be stiled Esquires, in Bills, Bonds, or other Deeds, ought to pay Ten Pounds, according to the Rate of Esquires:
To the Second it was declared, That every Clergyman, whose Living or Estate is under One hundred Pounds per Annum, by the said Act ought to pay as Laymen do, whose Estate is under One hundred Pounds per Annum.
Ordered, That Robert Plucknett, who was formerly sent for, as a Delinquent, shall be bailed upon reasonable Security: And that one Jones, and such other Delinquents as are in the Serjeant's Custody, shall be likewise bailed; except such as the House hath formerly not thought fit to bail.
Barwicke, &c. Garisons.
Ordered, That Thirty thousand Pounds out of the first Monies that shall come in to the Treasurers and Commissioners in London for the Poll-money, shall be issued forth, by the Committee to sit during the Recess, for the Payment of the Garisons of Barwicke and Carlile, to the Paymaster of those Garisons: And that the Committee shall inquire into the State of the Monies due to those Garisons; and take care for the further Payment of such Monies, as shall appear to be due unto them, over and above the said Thirty thousand Pounds.
Whereas it doth appear to this House, by certain Information received from divers Parts of this Kingdom, that the Poll-money doth generally come to a far less Sum than, by the true Intent of the Act, it both might and ought to do, which (as we are credibly informed) is caused by the undue and partial Certificates and Assessments, brought in to the Commissioners by the Assessors; and also by great Neglect of the Commissioners; who have not reformed such Certificates and Returns, as by the Law they are required; but have in many Places, favoured and eased themselves, their Friends, Tenants, and Neighbours, unjustly; whereby the true Meaning of the Law hath been much frustrate, to the great Prejudice of the Kingdom, and Neglect of the good Intentions of this House: Therefore, upon serious Consideration, both of giving just Satisfaction (by the Equality of Proceeding in this Service) to such as have paid their several Sums due by this Act; as for the Supplying of the emergent Necessities of the Commonwealth; It is this Day Ordered, by this House, That the Commissioners, in their several Counties, respectively authorized for this Service, shall, without Delay, appoint some convenient Times and Places, in their several Divisions, for their Meeting, when and where, with the Assistance of such able and discreet Persons, as they shall think fit to call before them, they shall take a strict and impartial Review of the several Certificates, and particular Rates formerly by them received or allowed; and shall carefully endeavour fully to inform themselves of every Person, either omitted, or not rated, as, by the Act, he, she, or they ought to be; to the end that every one may be rated according to their several Degrees and Estates; and also that the several Sums formerly assessed may be levied upon every one of the Defaulters, according to the Act: And that the said Commissioners do cause all and every such Sum or Sums of Money, as shall be upon this Review taxed, to be collected and levied, either by the former Collectors by them appointed, or, if just Cause shall be, by such others, newly to be nominated, as they shall conceive to be well affected to the indifferent and equal Proceeding of this so important a Service. And it is further required, that the Commissioners aforesaid shall, with all convenient Expedition, return all such Sums of Money, as shall be by them received, unto such Persons as are authorized to receive it by the Act of Parliament and Orders of this House: And they shall also return exact and particular Certificates of their Proceedings unto the Committee appointed by this House to receive them: And, if any Commissioner or Commissioners shall be found to have neglected the Execution of this Order, he or they must expect to be called to answer his or their Disobedience, or Neglect thereof, to this House. And, for the better Advantage of this weighty Service, it is further Ordered, That all such several Members of this House, as are Commissioners by this Act, shall, upon the next Adjournment or Recess, join themselves in Assistance with the Commissioners, in their several Counties, who may thereby be the better resolved of all such Doubts as shall or may arise; and also may be quickened in that Service, by having the Sense of this House more clearly imparted to them, concerning the urging and pressing Necessity, that this Levy should be made according to the true Intent of the Act; which Service is much conducing to the Peace, Safety, and Benefit of this Kingdom, and to the Honour of this House.
Committee during the Recess.
Mr. Pym, Sir Gilbert Gerard, Sir John Francklin, Sir John Colepeper, Mr. Wheeler, Sir Henry Mildmay, Mr. Bridgman, Sir Tho. Bowyer, Sir Tho. Barrington, Sir Edw. Hales, Sir Wm. Litton, Sir Richard Cave, Mr. Robert Goodwyn, Sir Samuel Luke, Mr. Wingate, Sir Robert Pye, Alderman Soames, Alderman Pennynton, Captain Venne, Mr. Vassell, Lord Falkland, Captain Rainsborough, Mr. Bence, Sir Peter Wroth, Mr. Holland, Mr. Winwood, Mr. Scowen, Mr. Jo. Goodwine, Sir Tho. Dakers, Mr. Morley, Mr. Martin, Mr. Arthur Goodwyn, Sir John Clotworthy, Mr. White, Mr. Solicitor, Mr. Spurstow, Mr. Lawrence Whittakers, Mr. Serjeant Wilde, Mr. Strode, Sir Henry Vane, Mr. Glyn, Sir Symonds D'Ewes, Sir Wm. Drake, Mr. Bedingfeild, Sir Gilbert Pickering, Mr. Blackston, Mr. Waller;
This Committee is to meet on Saturday next, in the Exchequer-chamber, at Nine of the Clock in the Forenoon: And are to meet every Tuesday and Saturday in every Week, and at such other Times as they shall think fit, during the Recess: And they, or any Six of them, have Power to meet with the Commissioners of the Lords appointed during their Recess, at such Times as they shall appoint.
Resolved, upon the Question, That the Committee appointed by this House during this Recess, shall have Power to receive and open such Letters as shall come from the Committees in Scotland: And to give Answers according to the former Instructions and Orders of this House.
Resolved, &c. That this Committee shall take care, that the Orders of this House be punctually observed, concerning the Disbanding of the Army, Train of Artillery, and Garisons; and for the Issuing and Sending down of Monies to those Purposes, accordingly.
And it is further Resolved, upon the Question, That this Committee shall have Power to go on in Preparation of Proceedings against the Principal of such Delinquents, as are already voted or complained against in the House; and to report any Offers which they shall make to the House:
That upon Information of any Riots or Tumults, to have Power to send to all Sheriffs, Justices of Peace, and other Officers, to stir them up to their Duty in repressing them; and to report to the House any Failure of Obedience to that Sending:
Barwick, &c. Garisons.
Ordered, That Thirty Thousand Pounds, out of the first Monies that shall come to the Treasurers and Commissioners in London for the Poll-money, shall be issued forth, by the Committee appointed to sit during the Recess, for the Payments of the Garisons of Barwick and Carliste, to the Paymasters of those Garisons: And that the Committee shall inquire into the State of the Monies due to those Garisons; and take care for the further Payment of such Monies, as shall appear to be due unto them, over and above the said Thirty thousand Pounds.