Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Sabbati, 12 Feb. 1641.
Ordered, That Mr. Tho. Wilson, an Orthodox Minister, shall be forthwith admitted, as Lecturer, to preach every Thursday, in Maidston in Kent; according to the Desires of the Jurats and others the Inhabitants of Maidston aforesaid; they undertaking, by their Petition, to give him an Allowance of Forty Pounds per Annum: And Mr. Barrell, Curate of the said Place, is hereby required to give way thereunto.
Ordered, That on Tuesday Morning next, peremptorily, the Knights and Burgesses shall, respectively, bring in the Names of such Ministers whom they shall think fit to be employed for the Settling the Affairs of the Church: But first, that Day, Mr. Serjeant Wilde is to make Report of That Business from the Committee at Merchant Taylors Hall.
WHEREAS, upon the 12th of January last past, amongst other things in that Order, it is Ordered, by the Lords and Commons in Parliament, in these Words: "And, for the better Safeguard of the Tower, it is further Ordered, by both Houses of Parliament, That the Sheriffs of London and Midd' shall appoint and place a sufficient Guard about the Tower, both by Land and Water, under the Command of Serjeant Major General Skippon, Commander of the Guards of the Parliament; and that those Guards be careful to see the former Order observed:" Now, whereas the said Serjeant Major having, in his great Care and Faithfulness, given his Advice to the said Sheriffs, concerning what Guards he conceived to be fitting, and how the same Guards ought to have been ordered, by Water and Land, as he thought most advantageous for the said Service: Whereas also the said Serjeant Major hath given his further Advice and Order to divers other Persons, concerning the timely Discovery and Preventing of any thing that might have been attempted or done, contrary to the Intent of the said Order of both Houses of Parliament: And whereas the said Serjeant Major Skippon hath, according to the Trust reposed in him by the City of London, placed the Trained Bands of the said City at the further End of Tower-street, and in such other Places within and about the City, as he conceived to be most for the Safety of the City: All and every Particular of the which Premises, and whatsoever else in the same Kind, and to the same Ends, that he the said Serjeant Major hath advised or done or shall advise or do, according to the Order aforesaid, is hereby well approved of and fully warranted, by both Houses of Parliament; as being for the real good Service of his Majesty and the Commonwealth; as also for the Safety of the Parliament and City; and is, in all and every Part thereof, according to his Duty, the last Protestation, and the Laws of this Kingdom. And if any Person shall arrest or any other way trouble him for so doing, he doth break the Privilege of Parliament, violate the Liberty of the Subject, and is hereby declared an Enemy to the Commonwealth.
Commanders of Forts, &c.
Ordered, That the Knights and Burgesses, respectively, shall deliver unto Mr. Pierrepoint, who has the Chair at the Committee for the Militia, the Names of such Ports and Forts as are in their several Counties; and the Names of such as have the present Command of them.
Arms on board a Ship.
Ordered, That the Master of the Ordnance be desired, from this House, to send an Officer of the Ordnance to the Isle of Wight, to view and try the Twelve hundred Musquets aboard the Hamborough Ship there; to the end that, if they be found serviceable, they may be bought up for the Service of the Kingdom, at reasonable Rates.
Dausk's, &c. Petition.
It is Ordered, That it be referred to the Committee for the Navy, to examine the Matter of Fact; and to examine who was Captain of the King's Ship in whose Presence this Ship was pillaged, as is alledged in the Petition; and to consider how far this Captain was faulty in not protecting and succouring this Ship, as, by his Duty, he ought: And that if this Captain, upon Examination, shall appear to have been faulty, the Lord Admiral be moved, that he may be forthwith put out of his Charge.
The humble Petition of Wolley Leigh, of Thorpe in the County of Surrey, Esquire, concerning his arresting Mr. Winckfield, who was afterwards taken from the Officer by the Earl of Peterborough, pretending he was his Servant, was this Day read: And
I. of Purbeck Militia.
Resolved, &c. That Sir Jo. Bankes, Lord Chief Justice of the Common Pleas, Constable of Corff Castle in the County of Dorsett, shall be nominated by this House, to have the Government of the Militia in the Isle of Purbeck.
Leave of Absence.
Lord Lieut. of Cambridge.
"The Names of the Persons the House of Commons thinks fit to nominate and recommend unto his Majesty, to be intrusted with the Militia of the Kingdom; wherein they desire their Lordships Concurrence."
Resolved, That Sir Jo. Gayer, Sir Jacob Garrett, Knights and Aldermen, Tho. Atkin Alderman, Sir John Wollaston Knight and Alderman, John Warner Alderman, and John Towse Alderman, Serjeant Major General Skippon, or any Three or more of them; Ramulph Manwaring, William Gibbs, John Foulk, James Bunce, Francis Peek, Samuel Warner, James Russell, Nathan. Wright, Wm. Barkley, Alexander Normington, Stephen Estweeke, Owen Roe, Citizens of London, or any Six or more of them, shall be nominated by this House, to have the Government and Ordering of the Militia of the City of London.
They were again called in: And Mr. Speaker told them, "That the House finds in their Petition, an Expression of great Affection to the Publick, and of Respect to this House in particular: And, for the Particulars in the Petition, they will employ their Endeavours to give them the best Satisfaction they can."
And the Petitioners were again called in: And Mr. Speaker told them, "That the House hath considered the Quality of their Condition, how necessary they have always been to the Commonwealth; and they like well, and approve of, their Care and Respect to the Publick, and thank them for it; and will employ their Endeavours to give them all the Ease they can, in their Grievances."
Mr. Pierrepoint carried up the Names of such Persons as this House thought fit to be recommended unto his Majesty, to be trusted with the Militia of the Kingdom; and was appointed to desire their Lordships Concurrence herein.
They were again called in: And Mr. Speaker told them, "That the House finds in your Petition a great Expression of Affection to the Publick, and of Respect to this House; for which they give you hearty Thanks: The Petition directed to the Lords, they very well approve of it: And for the Delivery of it, they leave it to your own Discretions."
Mr. Attorney's Impeachment.
Charge against Mr. Attorney.
Resolved, upon the Question, That this shall be the Charge to be sent up to the Lords against Mr. Attorney General: And that Mr. Serjeant Wilde shall carry up this Charge on Monday next to the Lords, so soon as they are set.
Mr. Pierrepoint brings Answer, That the Lords had agreed to the Names recommended by this House, for the Militia of the Kingdom, saving only Cheshire and Lancashire; for which they had taken time till Monday next.
Liberty to open Letter.
Ld. Kilpor's Puss,
Ordered, That Mr. Speaker shall grant a Warrant, under his Hand, for the Lord Kilpor, Son to the Karl of Airth, to pass out of the Kingdom, with * Servants; notwithstanding any Restraint that hath been formerly sent from this House to any of the Ports, not to suffer Strangers to pass, &c.
THAT the said Sir Edward Herbert Knight, his Majesty's Attorney-general, sworn the Third Day of January in the Year of our Lord One thousand Six hundred Forty-one, contrary to his Oath and the Duty of his Place, did falsly, scandalously, and maliciously, advise, contrive, frame, and publish, certain false, scandalous, and malicious Articles of High Treason, against the Lord Kimbolton, One of the Members of the House of Peers, in Parliament, Dencell Hollis Esquire, Sir Arthur Asilrig, Baronet, John Pym, John Hampden, and Wm. Strode, Esquires, being then and yet Members of the House of Commons in Parliament: A Copy of which Articles, I am commanded, by the House of Commons, to deliver to your Lordships:
1. "That they have traiterously endeavoured to subvert the fundamental Laws and Government of the Kingdom of England; to deprive the King of his legal Power; and to place in Subjects an arbitrary and tyrannical Power over the Lives, Liberties, and Estates, of his Majesty's Liege People."
6. "That, for the Completing of the traiterous Designs, they have endeavoured, as far as in them lay, by Force and Terror, to compel the Parliament to join with them in their traiterous Designs; and, to that End, have actually raised and countenanced Tumults against the King and Parliament."
And the said Sir Edward Herbert, the said Third Day of January, did falsly, unlawfully, and maliciously, exhibit the said Articles into the House of Peers, in Parliament; and caused the same to be entered into the Clerk's Book of the said House, intending and endeavouring thereby, falsly, unlawfully, and maliciously, to deprive the said Houses of their said several Members; and to take away their Lives, Estates, and good Names.
All which Doings of the said Attorney, and every of them, were, and are, high Breaches of the Privileges of Parliament, tending to Sedition, and to the utter Subversion of the Fundamental Rights and Being of Parliament, the Liberty of the Subject, and to the great Scandal and Dishonour of his Majesty and his Government; and were and are contrary to the Oath of the said Attorney General, and to the great Trust reposed in him by his Majesty; and contrary to the Laws of this Realm; and a great Derogation to his Majesty's Royal Crown and Dignity.
For which high Crimes and Misdemeanours the said Commons, saving to themselves the Liberty of exhibiting any further or other Impeachment or Accusation; against the said Sir Edward Herbert, do impeach him; and do pray, that he may be forthwith put to answer the Premises, in the Presence of the Commons.