House of Commons Journal Volume 2: 08 November 1641

Pages 307-308

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 Luna, 8 Nov. 1641.



ORDERED, That Sir Robert Phillmore shall pay that Sum of Money he has in his Hands, upon the Review of the Poll-money, into the Hands of the Treasurers and Commissioners for the Poll-money at London, in the Sheriff of Kent's Name: And that the Commissioners and Treasurers shall give him an Acquittance, as though they had received it from the Sheriff himself.

Pullers Earth.

Ordered, That Josias Haynes shall have Liberty to transport Twenty-seven Ton of Fullers Earth, from the Port of Rochester in Kent, into Devonshire; upon his giving good Security not to transport it beyond the Seas: and likewise, that he bring Certificate, that he has delivered it at some Port in Devon.

Marquis of Winton's Arms.

Ordered, That the Gentlemen employed by this House for Disarming of Recusants in the County of Southampton, who, by virtue of that Order, seized and sealed up the Arms of the Marquis of Winton, shall take off their Seals, and suffer them to be sold, according to the Order of the Lords of 4 Nov. made in that Behalf: And that they be sold by the Privity of the said Gentlemen ..... do give an Account to what Persons the said Arms are sold; And the Sale to be within a Month.

Lord Lieut. of Ireland, &c.

A Message from the Lords; by Sir Ro. Rich and Dr. Bennett;

The Lords have commanded us to deliver unto you these Things, which have been voted by them, concerning the Authority given to the Lord Lieutenant of Ireland, concerning the Business in Ireland; and likewise to the Constable of the Tower.


Sir John Clottworthy brings the Declaration from the Committee; and informed the House, that the Lords had fully assented to the Declaration, with the Amendments, as they were sent from this House:

And then, the Declaration being here again read, Mr. Speaker signed and sealed the Declaration, and the Letter.

Person committed.

Ordered, That Mr.* Moore, now in the Serjeant's Custody, by a former Order from this House, shall be committed to the Custody of the Keeper of the Gatehouse; and there to remain till the House take farther Order therein.

Oaths of Supremacy, &c.

Ordered, That the Committee appointed to consider of the Oaths of Supremacy and Allegiance do bring in their Opinion.

Scandalous Words against Parliament.

Mr. Chamberleyne, who gave Information of Words spoken by one Carter, the Schoolmaster of Highgate, was called in to attest the said Words:-That in his Presence and in the Presence of Mr. Greene, and others, the said Mr.Carter said, "they were mad that would read the Order of the House of Commons concerning Innovations;" and for the Protestation, "that none but Fools had taken it." Whereupon Mr. Greene said, "He had taken it": He said, "it was for Want of Information; and, he would maintain, it was against Reason, Justice, and Law: And whereas (said he) it is to maintain the Privilege of Parliament, no Justice of Peace, nor Constable, but has as much Privilege as they have." And said further, "that it was against the King and State." I answered him, "Are you wiser than Two Kingdoms; for the Scotts have taken it likewise?" "What do you talk (said he) of a Company of Rebels, and Rascals? The Parliament hath dishonoured the King and Kingdom, by making a Peace with them." "I wished him to declare a Sorrow for these Speeches, otherwise I would complain of him." He answered me, "his Name was Mr. Carter, of Highgate, and he would justify what he said, if he were called to Account for it."

Person sent for.

Resolved, upon the Question, That Mr. Carter, the Schoolmaster of Highgate, shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for divers scandalous and dangerous Words spoken by him, against the State and the Honour of this House.

Tendering the Oaths.

Ordered, That the Oaths of Allegiance and Supremacy shall be tendered to the Irish Gentlemen, and such others as are suspected for Recusants, as are within the Inns of Court, that are Students of the Inns of Court: And that the Lord Keeper shall be desired to award a Commission to that Purpose, to the Benchers of the several Inns of Court respectively.

Sending Strangers beyond Seas.

A Message from the Lords by Sir Ro. Rich, and Dr. Bennett;

The Lords do 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 an Order of 26th of Oct. pretended to be made by this House, for the Taking up of Strangers, and sending them beyond Seas.

Answer returned by the same Messengers; That this House has taken their Lordships Message into Consideration; and are now in Agitation of a Business of a great Weight, and will send Answer by Messengers of their own.

Instructions to Committee in Scotland.

The Question being put, whether the Clause that has been now read should be the Sixth Article of the Instructions to be sent to the Committees of Scotland;

The House was divided:
The Yeas went forth.
Mr. John Bellassis, Tellers for the Noe.
Sir John Colepeper,
Sir Tho. Barrington, Tellers for the Yea.
Sir Anth. Irby,
With the Yea, - - 151.
With the Noe, - - 110.

Resolved, upon the Question, That this Clause, which has now been read, shall be the Sixth Article of the Instruction to be sent to the Committees in Scotland.

Ordered, That Mr. Speaker do express in his Letter to the Committee of this House in Scotland, that they desire of the Scotts, that the Soldiers, that are to go out of Scotland be well and sufficiently armed.

Proceedings against Magenes.

Information in Writing, given by Mr. Tho. Cremer, Gentleman, concerning Magenes an Irishman, was read: and Mr. Cremer called in: Who did avow the same.

Ordered, That the Mayor of Chester be required, from this House, to send up Magenes, now in Restraint there, and the rest of his Company, in safe Custody, hither; and, if they be out of the Mayor's Jurisdiction, that he pursue them with Hue-and-Cry, and do his best Endeavour to apprehend them; and that he take care, that none of his Company or any other have any Conference with him: And Mr. Cremer is required by this House, to do his best Endeavour for the Discovery of the said Persons, and apprehending of them.

Persons going to Ireland.

Ordered, That all suspected Persons, Irish and others, that do endeavour to pass over into Ireland, shall be examined by the Mayor, or other Officer, of the several Ports where they endeavour to take Shipping, upon such Instructions as they shall receive from this House: And that the said Officers do tender unto all such Persons the Oaths of Allegiance and Supremacy; and to commit such as shall refuse, according to Law.

Council of War for Ireland.

Resolved, upon the Question, That a Conference be desired with the Lords, To-morrow Morning, to desire that a Council of War may be forthwith established, for the Affairs of Ireland.

Resolved, upon the Question, That the Committee of this House, for Irish Affairs, do propound unto the Committee of the Lords House, to consider of the Establishing a Council of War.

State of the Kingdom.

The Declaration of the State of the Kingdom...this Day read.

Ordered, That the Declaration, this Day read, be taken into Consideration To-morrow Morning at Nine of the Clock.