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, 10; Decembris, 1641.
Leave of Absence.
SIR Tho. Widdrington has leave to go into the Country.
Peers interfering in Elections.
Whereas the House of Commons has received Information, that Letters from Peers are directed to Boroughs, that now are to make Elections of Members to serve in this Parliament: They conceive, that all Letters of that nature, from any Peers of this Realm, do necessarily tend to the Violation of the Privileges of Parliament, and the Freedom of Elections of the Members that ought to serve in the House of Commons: And do declare, that, notwithstanding such Letters, all Persons, to whom Elections of Knights and Burgesses do belong, ought to proceed to their Elections with that Freedom, which, by the Laws of the Realm, and of Right, they ought to do; and do expect, that if any such Letters, from any Peers of the Realm, shall hereafter be sent unto them, that the Parties receiving the same shall certify the Contents thereof, or bring the Letters themselves to the Speaker of the House of Commons.
Resolved, upon the Question, That it shall be thus ordered: And that the Knights, Citizens, Burgesses, and Barons of the Cinque Ports, shall send Copies of this Order to the several Counties, Cities, Boroughs, and Cinque Ports respectively.
Examining convicted Priests.
Ordered, That Sir Gilbert Gerrard, Mr. L. Whittacre, Sir Tho. Barrington, Mr. Maynard, and Mr. Wheeler, do examine the several Priests that are now convicted, or about to be convicted, upon such Questions and Matters as they shall think fit; and report the same to the House To-morrow Morning.
Persons to be apprehended.
Ordered, That Mr. Speaker grant forth a Warrant for the Summoning and Apprehending of such Persons as Sir Walter Erle shall nominate unto him, concerning Words of dangerous Consequence this Day related in the House; and, as it is informed, spoken by them.
Resolved, upon the Question, That it shall be thus ordered.
Records not to be taken from Clerk's Custody.
Sir Arthur Haselreg moved the House against the Clerk, for suffering his Journals or Papers committed to his Trust, to be taken by Members of this House from the Table; for that, if any Alteration were made in an Order, though but in a Word, the Clerk could not answer it; and therefore desired it might be ordered, that, for the future, the Clerk should not suffer the same; it being a Thing against his Duty, and the Trust he is sworn unto: But the House declined the making any Order herein; declaring, That it was a fundamental Order of the House, that the Clerk, who is the sworn Officer, and intrusted with the Entries and the Custody of the Records of the House, ought not to suffer any Journal or Record to be taken from the Table, or out of his Custody: And that if he shall hereafter do it, after this Warning, that at his Peril he shall do it.
Serjeant Wilde reports the Bill for Pressing of Soldiers, returned from the Lords at a Conference, with some Amendments.
The Question for inserting these Two Words into the Bill for pressing, "or compelled," was put; and
It went with the Negative.
The rest of the Amendments were put to the Question; and assented unto.
The Proviso was likewise put to the Question; -assented unto.
Privilege- Gnards about Parliament.
Ordered, That the Serjeant shall require some of the Halberdiers, or some of those that have the Command of them, to come hither to the Bar.
The Bailiff of the Duchy of Lancaster being called in; was demanded by what Authority he brought down Men armed: He said, the Sheriff received a Writ from the Lord Keeper; and that the Under Sheriff gave him Warrant to do it.
The Constable of St.Clements Danes was called in; and asked by what Authority he brought down those Men armed: He answered, he received a Command from the Bailiff of the Duchy; and that the Bailiff of the Duchy shewed him a Statute.
Ordered, That Mr.Prunne, the Under Sheriff of the County of Midd' shall be required forthwith to attend this House presently; and that he bring with him any Writ, that he has received for bringing any Forces to Westminister about the Houses of Parliament.
Resolved, upon the Question, That the Setting of any Guards about this House, without the Consent of this House, is a Breach of the Privilege of the House: And that therefore such Guards ought to be discharged.
Resolved, upon the Question, That this Guard shall be immediately discharged by the Command of this House.
The Serjeant carried a Copy of this Order to the Under Sheriff and other Officers; requiring them to discharge them accordingly: And the Under Sheriff, and Bailiff of the Duchy Liberty, are required to attend the House so soon as they have executed this Order, and dismissed those Guards.
Compelling Service in Wars.
Moved, That the House would hereafter take into Consideration how far the Subject may be compelled to serve in the Wars.
Mr. Martin is appointed to go to the Lords; To desire a Conference, by a Committee of both Houses; so soon as may stand with their Lordships Conveniency, concerning Amendments, returned at a Conference from the Lords, to the Bill for Pressing of Soldiers.
Mr. Serjeant Wilde, Mr. Whittlock, are appointed Managers of this Conference.
Ordered, That the Bill for Pressing of Mariners shall be reported the first Business To-morrow Morning: And that after that Bill shall be reported, that the Conference concerning Ro. Phillips the Priest * * * *
Mr. Pym reports from the Committee, Heads for a Conference to be desired with the Lords concerning a Declaration to be made, touching no Toleration to be granted of the Popish Religion in Ireland, or any other of his Majesty's Dominions.
Mr.Martin brings Answer, that the Lords will give a present Meeting, at a Conference, by a Committee of both Houses, in the Painted Chamber, presently, as is desired.
Popish Religion, &c.
(a) That the Report now made by Mr. Pym, concerning a Declaration, shall be considered of To-morrow Morning at Ten of Clock: And Mr. Speaker is to put the House in mind, of this Order.
Resolved, upon the Question, That this House will now proceed with the Report made by Mr. Pym of the Declaration and Reasons.
Ordered, That this Declaration, and the Reasons, shall be sent up To-morrow to the Lords at a Conference: And Mr. Pym is, to manage that Conference.
Mr. Hotham is appointed to go up to the Lords To- morrow Morning; to desire a Conference, by a Committee of both Houses, concerning the Affairs of Ireland.
Ordered, That it be referred to the same Committee to prepare One Head, to be inserted into the Declaration concerning the Queen.
A Message from the Lords, by Serjeant Ayloff and Doctor 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, touching some weighty Matters contained in the Bill for Pressing of Soldiers.
The Messengers were called in again; and desired by Mr. Speaker to deliver their Message again; which they did in the same Terms as formerly.
Answer returned by the same Messengers; that this House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.
Serjeant Wilde, Mr. Whittlock, Mr. Lisle, Mr. Prideaux, are appointed Reporters of this Conference.
Privilege-Guards about Parliament.
The Under Sheriff was called in; and demanded whether he gave Command, that any Forces should be gathered, and brought down armed ......
Ordered, That the Under Sheriff of the County of Midd; and the Bailiff of the Duchy Liberty; and the several Justices that subscribed the Warrant directed to Edw. Buckle, One of the High Constables of the Hundred of Osalton in the County of Midd'; and the said Edw. Buckle; be required to attend this House To-morrow.
The Introduction, the Heads for a Declaration, and the Heads of a Declaration, concerning the Affairs of Ireland, were all read, and voted; and, upon the Question, assented unto. * * * *