House of Commons Journal Volume 2: 08 February 1642

Pages 419-421

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

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Martis, 8 Feb. 1641.



ORDERED, That Jo.Brownejohn, the Servant of

Mr. Ash a Member of this House, who is arrested upon a mesne Process, at the Suit of Humphry Norbon, be discharged from Arrest; and the Prosecutor, and the Bailiffs that arrested him, be summoned to appear here, to give an Account, why they arrested the Servant of a Member of this House, contrary to the Privilege of Parliament.

Treaty with Scotland.

A Message from the Lords, by Sir Edw.Leech and Dr. Bennett;

The Lords having taken into Consideration the Propositions that came from this House, concerning the Treaty with the Scotts;- do agree with this House in all Particulars; except, whereas it is said that the Account shall be given to the Lord Lieutenant of Ireland, they add, "or to the Governor or Governors of that Kingdom for the Time being."

Resolved, upon the Question, That this House does assent unto this Addition.

Temporal Jurisdiction of Bishops.

A Message from the Lords, by Sir Ro. Rich and Mr. Page;

Two of the Lords House, by Direction of that House, have attended his Majesty, for his Royal Assent unto the Bill for disenabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority. The King's Answer is, "That it is a matter of Weight; which his Majesty will take into Consideration, and send an Answer in convenient time."

That this Message shall be referred to a Committee, to consider of some Reasons, to be presented unto the Lords at a Conference, to be offered unto his Majesty from both Houses, to induce him to the speedy Passing of this Bill:

Sir Philip Stapilton, Mr. Pierepoint, Sir Jo.Evelyn, Mr. Selden, Mr. Solicitor, Sir W.Erle, Mr. Hampden, Mr. Rowse, Mr. Cage, Mr. Fines, Mr. Martin.

Trial of the Bishops.

Mr. Long reports, that the Answer he received from the Lords concerning the Twelve Bishops, "That the Bishops. Lords had appointed this Day Sevennight for their Trial."

Letters, &c. from Berwick.

Ordered, That those Letters and Informations, sent from Berwick, be referred to the Committee for Informations: And Sir Tho. Widdrington is added to this Committee.

Ordered, That the Committee for Informations do peruse the Letters sent from the Mayor of Barnstaple.

Message from the King- Pym's Speech respecting Ireland.

Mr. Speaker read a Letter from his Majesty, and in it inclosed this Message;

HIS Majesty taking notice of a Speech, pretending in the Title to have been delivered by Mr. Pym, in a Conference, and printed by Order of the House of Commons; in which it was affirmed, that since the Stop upon the Ports against all Irish Papists, by both Houses, many the chief Commanders, now in the Head of the Rebels, have been suffered to pass by his Majesty's immediate Warrant; and being very. . . . of having used extreme Caution, in the Granting of Passports into Ireland; so that He conceives either this Paper not to have been so delivered and printed as it pretends, or this House to have received some Misinformation: His Majesty would be resolved, whether this Speech were so delivered and printed; and, if it were, would have this House to review upon what Informations that Particular was grounded; that either That may be found, upon Examination, to have been false, and both this House and his Majesty injured by it; or that his Majesty may know, by what Means, and by whose Fault, his Authority hath been so highly abused, as to be made to conduce to the Assistance of that Rebellion, which he so much detests and abhors; and that he may see Himself fully vindicated from all Reflections of the least Suspicion of that kind.

Pemerton's Petition.

The humble Petition of Michael Pemerton was read; and laid aside.

Letter from Hull.

A Letter from Mr. Hotham to Mr. Speaker, directed from Hull, dated Feb. 4th, 1641.

Letter, &c. from the King - Pym's Speech.

A Letter from his Majesty, dated Feb. 7th, from Windesore, directed to Mr. Speaker, with a Message inclosed, concerning Mr. Pym's delivering in a Speech, at a Conference, "that since the Stop of the Ports against all Irish Papists, by both Houses, many of the chief Commanders, now in the Head of the Rebels, have been suffered, by his Majesty's immediate Warrant."

Mr. Hollis, Sir Jo. Hotham, Mr. Pym, Sir Arth. Haselrig, Mr. Bodevile, Sir Wm. Brereton, Sir Wm. Lewis, Sir Hugh Owen, Mr. Strode, Mr. Bellassis;

This Committee is to consider of the Message sent from his Majesty, concerning Papists passing over by his Majesty's immediate Warrant: And they are to consider of all the Informations that have been given to this House, touching this Business; and to consider what is fit to be done upon this Message: And have Power to send for Parties, Witnesses, &c.: And are to meet Tomorrow, at Eight of Clock, in the Star-chamber.

Stay of Ships from Ireland.

That Mr. Mathewes shall write to the Mayor of Dartmouth, and give him Order to make Stay of those Barks and Freight, that are come from Ireland, until he shall receive farther Order from this House. And it is farther Ordered, That the Informations given to this House, concerning these Barks, arrived and put in at Dartmouth, be referred to the Committee for Irish Affairs.

Message from Lords.

A Message from the Lords, by Sir Ro. Rich and Mr. Page;

The Lords have taken into Consideration these Papers that they received from this House: They have agreed unto them, only with some Additions that are expressed in the Margin.

Pressing Soldiers.

The Amendments that came down from the Lords, to the Bill for the Pressing of Soldiers, being Yesterday assented unto, were this Day read in the ingrossed Bill, and assented unto.

Person sent for.

Resolved, upon the Question, That Hen. Homer and Rich. Browne shall be sent for, as Delinquents, by the Serjeant at Arms attending on this House, for contriving and printing a Speech, supposed to be made in this House by Mr. Browne, a Member thereof.

Militia, &c.

Mr. Perepointe reports from the Committee appointed to consider of the Lords Amendments of the Ordinance of the Forts and Militia of the Kingdom: Which were read; and, upon the Question, assented unto.

Navel Affairs.

Whereas, upon Mr. Greene's Report from the Committee for the Navy, it appears they have conferred with the Lord Admiral, and the Officers of the Navy, concerning setting out some of his Majesty's Ships, for Part of this Summer's Fleet; and have resolved of Fifteen of his Majesty's Ships to be employed accordingly, manned with Two thousand Nine Hundred and Seventy Men, for Eight Months Service; and have farther treated for several Merchant Ships here about London; as also at Bristoll; which they have also resolved, to the Number of Twenty-three Ships, to be employed in the said Service: It is this Day Ordered, That the aforesaid Number, as well of his Majesty's Ships, as of the said Merchants, shall be employed as this Summer's Fleet, for the Space of Eight Months, for the Defence of the Narrow Seas, and of his Majesty's Kingdoms of England and Ireland; and that the Committee of the Navy do farther confer with the Lord Admiral, for the speedy Setting out of this Fleet; and to appoint the issuing out of Monies for the said Service, from time to time, as Occasion shall require: And to do such farther Things as shall be for the speedy Advancement of the said Service; and to give an Account thereof to the House.

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

Farmers of Customs, &c.

Resolved, upon the Question, That the Sum of Ten thousand Two hundred forty-eight Pounds Six Shillings and Nine-pence, charged on the Dividend of the Petty Farms, for the first Seven Years of his Majesty's Reign, to be paid unto the Creditors of the Officers of the Ordnance, (the Assignees of the Earl of Midd') shall be charged on the said Earl of Midd', by that Bill.

Ordered, That those Merchants, or other Persons, that have received any Monies from the Customers, by way of Composition for Injuries done unto them by the said Customers, and of which they have formerly complained to this House, shall acquaint this House, what Sums of Money, or other Satisfaction, for Composition, they have received, by this Day Sevennight.

Contribution for Ireland.

Mr. Browne reports the Commission concerning the Bill of Contribution, sent from the Lords, without any Alteration.

Rex, &c. Dilectis & fidelibus nostris. A. B. &c. Salutem. Sciatis quod assignavimus vos, et aliquos tres vel plures vestrum, Commissionarios nostros, ad omnia et singula faciend', performan', exequend' et peragend', in Com' nostro B. ad vos pertinen', content' et specifical' in quodam Actu Parliamenti apud Civitat' Westm' modo tent' nup' edit', intitulat', An Act for a speedy Contribution and Loan, towards the Relief of his Majesty's distressed Subjects, of the Kingdom of Ireland; secundum vim, formam, effectum, et veram Intentionem ejusdem Actus. In cujus, &c.

This Commission was read; and, by Vote, assented unto.

Kent Petition.

The House being informed, That divers Gentlemen of the County of Kent were at the Door, who desired to present a Petition; they were called in, and presented it:

Which being done, they withdrew.

And then, their Petition being read;

They were again called in: And Mr. Speaker told them, in the Name of the House, "The House had read your Petition, and do find in it a great deal of Affection and Zeal to the King and Commonwealth; for which they return you Thanks: For that Particular concerning your Arms, they will take it further into Consideration, in due Time; but yet, have commanded me to let you know, that heretofore Information being given to this House, that your Arms were taken from you upon the last Expedition into the North, they did make it known to the Lords: And both Houses did join to move his Majesty, to have as many Arms restored unto you, as were taken from you: But, in regard there is so great Use of Arms for Ireland, it is likely to be the Cause they are not not restored unto you: For Coat and Conduct Money which remains in several Collectors Hands, in your County, the House hath made a general Order, That all the Coat and Conduct Money remaining in the Hands of any Person whatsoever, in any County, shall be employed for the Buying of Arms and Ammunition for the Defence of those Places; the County declaring their Consent thereunto.

Kent Petition to Lords.

Then the Gentlemen presented a Petition, directed to the Lords; in which they desired the Approbation of this House:

And that done, they withdrew;

And that Petition being read,

They were again called in: And Mr. Speaker told them, "That this House does approve of this Petition: They have a great Sense, not only of your Expression to the Commonwealth in general, but of Respect and Affection to this House in particular: They have observed so much Judgment and Discretion in your Delivery of it Here, that they doubt not of your performing the like There; and therefore, for the Manner of your Delivery of it, they leave you to yourselves."

Ordered, That both these Petitions be entered in the same Manner as the Surrey Petition.

Bishops Temporal Jurisdiction.

Sir Philip Stapilton reports the Reasons to induce his Majesty to the speedy Passing of the Bill for removing Bishops, &c.

The great and general Sufferings of the Kingdom, by the Clergy's Exercising of secular Jurisdiction; - and the People's taking Notice of the Bishops making a Party in the Lords House; whereof they have of late expressed so great a Sense, by the many and earnest Petitions to both Houses, from many Parts of this Kingdom: - As it is the Opinion of the Parliament, That there cannot Satisfaction be given either to their just Desires, or the heavy Grievances which they suffer under, without the speedy Passing of this Bill.

2. The great Contentment, which the Passing of this Bill, in both Houses, hath given to all Sorts of People; the Delay whereof, by his Majesty, will exceedingly lessen that Contentment, and turn into as great Discouragement.

3. The speedy Passing of this Bill being of so great Importance, would be to the Lords and Commons a comfortable Pledge of his Majesty's gracious Intentions to concur with them in their subsequent Desires, which they are preparing to present to his Majesty, as the Cures of those great Evils and Miseries which this Kingdom now groans under.

Resolved, upon the Question, That this House does assent to these Reasons; and does order, that they shall be offered to the Lords at a Conference; and the Lords desired to join with this House in presenting them to his Majesty.

Pressing Soldiers.

Sir Walter Erle carried up to the Lords the Bill for Pressing of Soldiers, returned from the Lords with some Amendments; the which Amendments were assented unto by this House, and the Bill amended accordingly.


He is likewise to desire a Conference, concerning the Forts and Militia of the Kingdom; and the Message received this Day, concerning the Bill for removing Bishops, &c.

Mr. Pierrepoint is to manage the first Part of the Conference; and Sir Philip Stapilton to manage the latter Part.

Lord Falkland's publishing Proceedings.

Serjeant Wilde reports from the Committee appointed to st at Merchant Taylors Hall, that there was brought unto that Committee a Copy of a Letter written from the Lord Falkland to the Sheriff of Hantshire, dated January the Twenty-fifth, importing a Command he had received, to send down Fifty Copies apiece.

Mr. Hollis, Mr. Fines, Mr. Selden, Mr. Glyn, Mr. Pierrepoint, Sir Tho. Barrington, Mr. Strode, Sir Edw. Partheriche, Mr. Whittlock, Mr. Grimston, Mr. Pym, Sir H. Vane, Mr. Crue, Mr. Hampden, Mr. Vaughn, Sir Ph. Stapilton;

This Committee is appointed to examine the Matter of Fact of the Lord Falkland's, a Member of this House sending down Messages and other Matters of Parliament, to be published; and to report their Opinions thereupon: And have Power to send for Parties, Witnesses, Papers, Records, &c. And are to meet To-morrow, at Eight of Clock, in the Inner Court of Wards.


Sir Walter Erle brings Answer, That the Lords will give a present Meeting, as is desired.

Burrell's Petition.

Ordered, That the Petition Mr. Andrewes Burrell Gentleman, be referred to the Committee for the Fens, where Mr. Petham has the Chair.


Provided always, and be it Enacted and Declared, That all and every Collector or Collectors of the several Counties of Yorkeshire, Cumberland, Westmoreland, Northumberland, the County Palatine of Durham, the Town of Newcastle upon Tyne, the City of Durham, Nottingham, the County and Town of Nottingham, the County Palatine of Chester, the County of the City of Chester, the County Palatine of Lancaster, Lincolneshire, the County and City of Lincolne, Darbyshire, Staffordshire, the County of the City of Lichefeild, the City of Yorke and County of the same, and the Town and County of Kingston upon Hull, shall pay all and every the Sums of Money by him or them collected or received, by Virtue of this Act, to the Lord Mayor of the City of Yorke for the Time being, and to Thomas Hodgeson, Hen. Thompson, and William Scott, of the said City, at the Chamber in the said City of Yorke; for and towards the Payment of Billet-money due and owing to the several Inhabitants of Yorkshire, and the Counties adjacent, for the Billetting of his Majesty's Army; as also for and towards the Payment of such Monies as are due and owing by the Parliament, to the Counties of Durham and Northumberland, and the City of Durham, and Town of Newcastle upon Tyne; any thing in this present Act to the contrary in any wise notwithstanding.

Resolved, upon the Question, That this Proviso be referred to Mr. Serjeant Wilde, to be inserted into the Bill for Four hundred thousand Pounds, and to present the same unto this House.

Bp. of Durham.

Sir Jo. Strangewayes hath Leave to go to the Bishop of Durham.

A Message from the Lords by Sir Ro. Rich and Mr. Page;

Militia, &c.

The Lords have returned this Paper concerning the Forts and Militia of the Kingdom, and they have agreed; only they have struck out the Words "Lords and Commons" in the Clause of the Penalty of those that shall not obey.


They agree unto the Bill for pressing Soldiers.

Bishops Temporal Jurisdiction.

They agree unto the Reasons for inducing his Majesty to pass the Bill for disenabling all Persons in holy Orders to exercise any temporal Jurisdiction.

They have appointed Two Lords, Members of their House, to attend his Majesty with those Reasons; and desire this House to appoint a proportionable Number to join with the Lords.

Lord Herbert, Sir Ro. Crane, Sir Edw. Hales, Mr. Jo. Bellassis, are appointed, with the Lords, to attend his Majesty.

Answer returned by the same Messengers; That this House hath appointed a proportionable Number, as is desired.

Resolved, upon the Question, That this House shall adhere to their former Vote of this House, concerning those that shall not obey, to answer their Contempt to the Lords and Commons in Parliament.

Militia, &c.

Lord Ruthyn was appointed to go up to the Lords to desire a free Conference, concerning the Lords Amendments to the Ordinance concerning the Forts and Militia.

Mr. Pierrepoint, Mr. Grimston, Mr. Glyn, are appointed Managers of this free Conference: And are to meet to prepare Reasons for this Conference, and to present them to the House.