House of Commons Journal Volume 2: 03 January 1642

Pages 366-367

Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 366
Page 367

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Die Lunæ, 3 Jan. 1641, post meridiem.


Earl of St. Albane's Trunks.

ORDERED, That the Trunks and other Matters directed to the Earl of St. Albanes, in Ireland, shall be suffered to pass, notwithstanding the Order of this House of the Third of November restraining . . .

Earl of Pembroke's Indemnity.

1a vice lecta est Billa, An Act for the Indemnity of Philip Earl of Pembroke, and the Lady Anne his Wife, notwithstanding any Office to be found by Henry Earl of Cumberland, &c.

Starchamber, &c.

1a vice lecta est Billa, An Act for the Reversing of Sentences, Decrees, Orders, and Proceedings, &c. against Wm. Prinne, &c. in Star-chamber, High Commission Court, &c.

Privilege-Person sent for.

Resolved, upon the Question, That Robert Bristoll shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for serving a Subpæna upon Mr. Speaker at the Suit of Sir Wm. Middleton.

The Question being proposed, whether Sir Wm. Middleton should be sent for, as a Delinquent;

The House was divided.
Sir Edw. Hungerford, Tellers for the Yea.
Sir Hen. Anderson,
Sir Walth. Erle, Tellers for the Noe.
Sir Tho. Barrington,
The Question passed with the Negative.

Message to Lords.

Mr. Strode went up to the Lords with the Message appointed by Order on Friday last.

Privilege-Subpænaing Mr. Speaker.

Ordered, That Sir Wm. Middleton be forthwith summoned to attend this House, to answer his commanding Mr. Speaker to be served with a Subpæna.

Answer from the King.

Mr. Pym presented from the Committee appointed on Friday last to sit at Guildhall in London, his Majesty's Answer.

Examination against Puckle.

Sir Sanders Duncombe was called in; and said, That he had taken an Examination of one Speke against Puckle, of some Words spoken against this House; and concerning the Blood of the Earl of Strafford, to ... required as well in England as Ireland * * * *

Trained Bands.

Ordered, That the Lord Mayor, the Aldermen, the Sheriffs, and Common Council-men, be forthwith advised from this House to direct, that the Trained Bands of the City of London may be put in Readiness, for the Safety of the King's Person, the City, and the Commonwealth; and that, in the mean time, there may be strong Guards and Watches set at all Places convenient about the City.

Resolved, upon the Question, that it shall be thus ordered.

Royal Family's Servants, &c.

Mr. Strode reports from the Lords, that he had this Answer to the Message he carried;

That, as the Lords had joined with this House, that the Servants of the King's, Queen's, and Prince's, might take the Oaths of Allegiance and Supremacy, so, for a Commission to that end, they will take it into Consideration in due time: And for the Capuchins, they will send to the King for the Dissolution of them: And for the Executing the Seven Priests, they had sent to his Majesty already.

Capt. Wintour's Boy.

A Deposition of a Boy of Captain Wintour's taken in [ ], was this day presented from the Scotts Commissioners, and read in the House: And

It is Ordered, That Mr. Fienis and Sir Philip Stapilton shall presently repair to the Scotts Commissioners, to desire them to declare what Parties they were that should release Captain Wintour's Boy, if he did but shew the Ticket mentioned in the Deposition now sent from them.

Privilage-Seizing Members Papers.

Resolved, upon the Question, That the several Parties now sealing up of the Trunks or Doors, or seizing the Papers of Mr. Pym, Mr. Hollis, or any other Member of this House, that the Serjeant shall be informed of, shall be forthwith apprehended, and brought hither, as Delinquents: And that the Serjeants shall have Power to break open the Doors, and to break the Seals off from the Trunk.

Resolved, upon the Question, That Mr. Speaker shall sign a Warrant, directed to the Serjeant at Arms attending on this House, to the Effect of the Order abovesaid.

Paper delivered.

Mr. Fienis reports, That the Commissioners delivered them a Note of the Names: Which he read; viz.

Mr. Chichester, Son to the Governor of Carrickfergus, Mr. John Digby, Son to the Earl of Bristoll, Mr. Kenelme Digby.

Privileg-Seizing Members Papers.

Ordered, That a Message be sent to the Lords, to desire a Conference, concerning the Breach of the Privilege of Parliament.

This Message was sent by Mr. Jepson.

Resolved, upon the Question, That if any Persons whatsoever shall come to the Lodgings of any Member of this House, and there do offer to seal the Trunks, Doors, or Papers of any Members of the House, or to seize upon their Persons, that then such Members shall require the Aid of the Constable to keep such Persons in safe Custody, till this House do give further Order: And this House doth declare, That if any Person whatsoever shall offer to arrest or detain the Person of any Member of this House, without first acquainting this House therewith, and receiving further Order from this House, that it is lawful for such Member, or any Person to assist him, to stand upon his and their Guard of Defence, and to make Resistance, according to the Protestation taken to defend the Privileges of Parliament.

Mr. Walth. Long went up to the Lords, to desire a Conference by a Committee of both Houses, concerning the Breach of Privilege of Parliament.

Heads of the Conference.

That the Violating the Privileges of Parliament is the Overthrow of Parliaments: That, by the Protestation taken by both Houses of Parliament to defend the Privileges of Parliament, both Houses are concerned in the Breach of either.

That the Chambers, Studies, and Trunks, of divers Members of this House are this Day sealed up, to the high Breach of Privilege of Parliament.

The Parliament being the great Council of the Kingdom, ought to sit as a free Council; and no Force ought to be seated about them, without their own Consent: That, notwithstanding, there is a Guard in a warlike Manner, placed at Whitehall, to the Breach of Privilege of Parliament:

Parliament Guard.

Again to desire the Lords, that such a Guard may be set about the Parliament as shall be approved by both Houses; or else to join with this House to adjourn to a Place of more Safety.


Mr. Glyn, Sir Philip Stapleton, and Mr. Fynes are appointed Managers of this Conference.

Mr. Walth. Long brings Answer, that the Lords will give a present Meeting, as is desired.

Message from the King, for arresting the Five Members.

Mr. Francis, Serjeant at Arms, sending in Notice, that he was commanded to deliver a Message from his Majesty to Mr. Speaker; whereupon he was called in to the Bar, without his Mace: And there he delivered this Message;

"I am commanded by the King's Majesty, my Master, upon my Allegiance, that I should come and repair to the House of Commons, where Mr. Speaker is; and there to require of Mr. Speaker Five Gentlemen, Members of the House of Commons; and, that these Gentlemen being delivered, I am commanded to arrest them, in his Majesty's Name, of High Treason."

"Their Names are, Mr. Hollis, Sir Arth. Haselrig, Mr. Pym, Mr. Hampden, Mr. Wm. Strode".

Committee to attend the King.

Mr. Chancellor of the Exchequer, Lord Faulkland, Sir Phil. Stapleton, Sir Jo. Hotham, are appointed to attend his Majesty; and to acquaint his Majesty, that this Message from his Majesty is a Matter of great Consequence; It concerns the Privilege of Parliament, and therein the Privilege of all the Commons of England; That this House will take it into serious Consideration; and will attend his Majesty with Answer, in all Humility and Duty, with as much Speed as the Greatness of the Business will permit: And that, in the mean time, this House will take care that those Gentlemen mentioned in the Message, shall be ready to answer any legal Charge laid against them.

The Five Members to attend.

Mr. Speaker did, by Command of the House, enjoin these Five Members particularly One by One to give their Attendance on this House de die in diem, till the House take further Order.


Message from the Lords, by the Master of the Rolls and Judge Mallett;

That the Lords do desire a present Conference, by a Committee of both Houses, concerning the Matter of the last Conference.

Answer returned by the same Messengers; That this House will give a present Meeting, as is desired.

Mr. Glyn, Mr. Fynes, and Sir Phil. Stapleton, are appointed Managers of this Conference.

Privilege-King's Message to be considered.

Ordered, That the House be resolved into a Committee, To-morrow Morning at Ten a Clock, to take into Consideration the Message this Day sent from his Majesty, and delivered in this House by Serjeant Francis, Serjeant at Arms, concerning the Five Members of this House mentioned in the said Message.

Privilege-Seizing Members Papers.

Mr. Glyn reports the Conference:

That the Lords had made an Order for the Opening of the Doors, Trunks, and Studies, of those Members of both Houses, as were shut and sealed up.

Parliament Guard.

They have further ordered, That they will join with this House in an humble Petition to the King, to desire such a Guard as himself and both Houses of Parliament shall approve of; and the same to continue so long as the King and both Houses of Parliament shall think fit: That their Lordships, if this House agree with them in this Order, have appointed Two Lords to attend his Majesty with this Desire of both Houses.

Resolved, upon the Question, That this House doth consent to this Order of the Lords, concerning a Guard.

Sir Chr. Wray went up to acquaint the Lords, that this House doth assent unto their [Order] concerning [a Guard].

Answer to the King.

Ordered, That the Serjeant do acquaint Serjeant Francis, who attends without, that this House will send an Answer to his Majesty, to the Message he brought, by Members of their own House.

Privilege-Arresting Members.

The Question being put, Whether there should be any Question now put for the Alteration of the Order made concerning the Arresting of the Persons of any Members of this House;

Passed with the Negative.

Sir Wm. Fleming, and the other Gentlemen apprehended by Order of this House, as Delinquents, for sealing up of Studies, &c. of Members of this House, are Ordered to remain in the Serjeant's Custody, till farther Order.