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 Lunæ, 14 Feb. 1641.
Sutton Marsh Tythes.
FORASMUCH as there was a Sequestration awarded, by an Order of this House, of the Fifteenth of June, touching the Tythes of Sutton Marsh, in Lincolneshire, which was granted for Doctor Thompson's Benefit, and for Prevention of his future Loss, and to continue only till the Hearing: Which Hearing hath since followed, by an Order of this House, in the Exchequer; but no Authority given in that Order, particularly to dissolve the said Sequestration: It is therefore Ordered, That the Barons of the Exchequer shall forthwith supersede and vacate the Commission of Sequestration. And it is farther Ordered, That the whole Profits received by the Sequestrators, shall be restored and paid over to the said Doctor Thompson, by the said Sequestrators: And that the said Sequestrators shall certify the Value of the Profits denied or detained, with the Names of those Persons who have denied or detained the same, since the said Sequestration.
Ordered, That Mr. Speaker shall issue his Warrant to the Clerk of the Crown in Chancery, for a new Writ to be issued forth, for the Electing of a new Burgess to serve for the Town of Alborough in the County of Suff', in the Room and Stead of Captain Rainsborough, formerly elected to serve for that Place, and since deceased.
Parram's, &c. Petition.
The humble Petition of John Parram, Rich. Calcott, &c. was this Day read.-
The Gentleman-usher came and acquainted Mr. Speaker, That the Lords were ready to pass, by Commission, Two Bills; One for taking the Bishops out of the House of Peers; another for Pressing of Soldiers; and did desire, that the House would be present at the Passing of these Two.
Mr. Speaker and the House went up accordingly.
That the Petition of Geo. Newst, &c. shall be referred to the Committee of Poll-money: And that the Suit, commenced by Elizabeth Hammond, Servant to Mr. Berkeley, mentioned in the Petition, at whose Suit the said Petitioners were arrested on Saturday last, be stayed, till, upon the Report from the Committee, the House shall take farther Order.-
Privilege -Suit against a Member.
Ordered, That the Court of Wards may proceed against Mr. Dutton, a Member of this House, notwithstanding any Privilege of Parliament, in the Suit there commenced by John Parham, Rich. Calcott, and others, against the said Mr. Dutton, concerning the same Matter that Mr. Dutton sueth them for at the Common Law.
Sir H.Vane, Sir Ro. Crane, Sir Arth. Haselrig, Sir Nevill Poole, Mr. Cage, Sir Arth. Ingram, Mr. Sutton, Sir Edm. Montfort, Sir Sam. Rolle, Mr. Chancellor of the Exchequer, Sir Ro. Coke, Sir Edw. Partheriche, Mr.Hatcher, Mr. George, Mr. Mathewes; (and all, that will come, are to have Voices at this Committee);
This Committee is to consider how the Suff' Cloths may be vented in Turkey, as formerly they have been; and to examine and consider of the Obstructions in that Trade, and what Remedies may be applied unto it: They are likewise to consider, how the Trade of Clothing, and the Vent of Wools, may be set free and advanced: And they have Power to send for Parties, Witnesses, &c: And are to meet To-morrow Morning, at Eight of Clock, in the Exchequer-chamber: And the Turkey Company is required to attend the said Committee To-morrow Morning.
Attorney General's Impeachment.
Mr. Serjeant Wilde, according to an Order of Saturday last, carried up the Articles of Impeachment against Mr. Attorney-general.
Sir Ro.Harley is appointed to go up to the Lords, to acquaint them, that this House is ready, when their Lordships shall please, to give a Meeting, at a Conference, concerning the Bill of Pluralities.
Ordnance, &c. for the Scotts.
Resolved, That the Scotts shall have Cannon, and Fieldpieces, of the same Bore, Weight, and Metal, carried into Scotland, upon their Demand, as they shall transport into Ireland for the Service of that Kingdom.
Resolved, That Twelve hundred Pounds shall be allowed unto the Scotts, for the Raising of a Troop of Horse of One hundred, to be their General's Guard, for the Horses, for their Arms, and for their Transportation into Ireland.
Resolved, This House thinks fit to add One Troop more to the Nine Troops of Horse, formerly allotted unto the Scots: And that Sir Robert Adair be Captain thereof.
Sir Ro. Harley brings Answer, That the Lords will give a Meeting, at a Conference, by a Committee of both Houses, concerning the Bill of Pluralities, this Afternoon, at Two of Clock.
Treaty with Scotland.
Resolved, upon the Question, That, as to the Demand of the Scotts to have Londonderry assigned unto them, this House does adhere to their former Resolutions.
That it be recommitted to the Commissioners of this House appointed to treat with the Scotts Commissioners, to know of them, whether they will be contented to disband their Army in Parts, upon what Terms, and what the Security is they expect: And that they may have a Town for their Preservation whilst they are there.
Bishops votes, &c.
A Message from the Lords, by Sir Edw. Leech . . .
The Lords have sent a Copy of That Message from his Majesty, which was read before both Houses, at the Passing of the Bills concerning the Bishops Votes, &c.: They have likewise sent a Copy of the Letter directed to my Lord Keeper, in which this Message was inclosed.
Thanks to the King.
They have likewise resolved of a Form of Acknowledgment of Thanks to be returned to his Majesty: And have appointed Two Lords to attend his Majesty with it: And have sent a Copy of it; and desire the Concurrence of this House in it.
Horses for the Scotts.
Resolved, That it shall be ordered by this House; and the Lords desired to join in this Order; and that his Majesty may likewise be moved to give his Assent; That the Scotts during the Time of this War, may have Power to take up such Horses in the Country as shall be necess . . .
Ordered, That it be referred to the Committee for Irish Affairs, to consider what Payment is fit to be made to the General, the Great Officers, and the Train of Artillery; and to report to the House: The Commissioners are likewise to know of the Scotts Commissioners, who they intend shall be the General of their Army.
Reward to the Scotts.
Resolved, upon the Question, That as to the Demand of the Scotts, concerning a Reward to be given them out of the Rebels Lands, this House is of Opinion to give this Answer; That they have made no such Condition with any of the English Forces employed for Ireland; and therefore they hold it not fit to be obliged in any such Condition, unto Them.
Letter from the king.
The Letter directed unto the Lord Keeper, in which his Majesty's Message, of the 13th of Feb. was inclosed, were both read: And likewise the Lords Form of Thanks to his Majesty.
RIGHT trusty and well-beloved Counsellor, We greet you well. Our Will and Pleasure is, that you deliver the Message inclosed to be read in Parliament, as soon as our Royal Assent shall be given for the Passing of the Two Bills, concerning Bishops Votes; and the Pressing of Men; for which this shall be your Warrant. Given at Our Court at Canterbury, this 13th of February, 1641.
To Our right trusty and right well-beloved Edward Lord Littleton, Keeper of Our Great Seal of England.
Jo. Browne, Cler' Parl'.
Mesage from the King.
THOUGH His Majesty is assured that his having so suddenly passed these Two Bills, being of so great Importance, and so earnestly desired by both Houses, will serve to assure His Parliament that He desires nothing more than the Satisfaction of his Kingdom; yet, that He may further manifest to both Houses, how impatient He is till He find out a full Remedy to compose the present Distempers, He is pleased to signify,
That His Majesty will, by Proclamation, require, that all Statutes made concerning Recusants, be, with all Care, Diligence, and Severity, put in Execution.
That His Majesty is resolved, that the Seven condemned Priests shall be immediately banished, if His Parliament shall consent thereunto: And His Majesty will give present Order, if it shall be held fit by both Houses, that a Proclamation issue, to require all Romish Priests, within Twenty Days, to depart the Kingdom: And, if any shall be apprehended after that Time, His Majesty assures both Houses, in the Word of a King, that he will grant no Pardon to any such, without Consent of His Parliament.
And, because his Majesty observes great and different Troubles to arise in the Hearts of his People, concerning the Government and Liturgy of the Church, his Majesty is willing to declare, that He will refer that whole Consideration to the Wisdom of His Parliament: Which He desires them to enter into speedily, that the present Distrections about the same may be composed, but desires not to be pressed to any Single Act, on His Part, till the Whole be so digested and settled by both Houses, that his Majesty may clearly see what is fit to be left, as well as what is fit to be taken away. For Ireland (in behalf of which His Majesty's Heart bleeds) as his Majesty hath concurred with all Propositions made for that Service by His Parliament, so He is resolved to leave nothing undone for their Relief, which shall fall within His possible Power; nor will refuse to venture His own Royal Person in that War, if His Parliament shall think it convenient for the Reduction of that miserable Kingdom.
And lastly. His Majesty taking notice, by several Petitions, of the great and general Decay of Trade in this Kingdom, and more particularly of that of Cloathing and New Draperies, concerning which He received lately at Greenwich a modest, but earnest Petition from the Clothiers of Suffolk; of which Decay of Trade His Majesty hath a deep Sense, both in respect of the extreme Want and Poverty it hath brought, and must bring, upon many Thousands of His loving Subjects, and of the Influence it must have, in a very short time, upon the very Subsistence of this Nation; doth earnestly recommend the Consideration of that great and weighty Business to both Houses; promising them, that He will most readily concur in any Resolution their Wisdom shall find out, which may conduce to so necessary a Work.
Jo. Browne, Cler' Parl'.
Thanks to the King.
THE Lords and Commons, assembled in Parliament, do with much Joy receive, and with Thankfulness acknowledge, Your Majesty's Grace and Favour, in giving Your Royal Assent to a Bill, intituled, An Act for disenabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority: Also your Majesty's Care for Ireland, expressed in the Dispatch of the Bill for Pressing, so much importing the Safety of That and This Kingdom.
Jo. Browne, Cler' Parl'.
Answer returned by the same Messengers: That this House has taken their Lordships Message into Consideration; and will send Answer by Messengers of their own.
Resolved, That this House does concur with the Lords, in this Form of their Acknowledging of Thanks.
Mr Noell, Mr. Chancellor . . . . Exchequer, Sir Ra. Hopton, Sir Rich. Onslowe;
These Four Gentlemen are appointed to accompany the Two Lords, with the Acknowledgment of Thanks unto his Majesty, for his Majesty's gracious Message.
Lord Lisle is appointed to go up to the Lords, to acquaint their Lordships, that this House does concur with them in their Answer to his Majesty.
Resolved, upon the Question, That, on Thursday next come Sevennight, the House shall take into Consideration his Majesty's Revenue; and so every Thursday, till that Business be settled: And Mr. Speaker is to put the House in mind of this Order.
Fortescue thanked, &c.
Resolved, upon the Question, That this House doth well approve of Mr. Edmund Fortescue his faithful and acceptable Service, which he hath done in the Apprehending of those Irish Commanders that came out of France, in a Bark, into the Port of Salcombe in the County of Devon, and bound for Ireland; and for causing a Stay to be made of the said Bark: And Mr. Prideaux is required by this House, to return Thanks to the said Mr. Forlescue, for his Fidelity and Diligence herein: And Mr. Prideaux is further ordered, to go to the Lord Keeper, and to desire him, from this House, to put the said Mr. Edmund Fortescue, into the Commission of Peace for the County of Devon.
Seizing a Ship, &c.
Resolved, upon the Question, That the Lord Admiral be desired from this House, forthwith to cause a Seizure to be made of the Bark, and the Goods therein, that is lately come out of France into the Port of Saltcombe in the County of Devon, and bound for Ireland, with Irish Commanders therein; and to make a perfect Invoice of the Goods in the said Bark: and that the Goods be kept in safe Custody: And the Sheriff of the County of Devon is required to take special Care, that the Master of the Bark, and the Mariners, and the Irish Commanders, and all other Persons that came in the said Ship, be brought up in safe Custody to London; and the said Irish Commanders to be brought apart, and one not suffered to speak with another: And the several Sheriffs through whose Counties the said Persons are to pass, are required to take special Care in appointing a strong Guard in the Conducting of the said Persons to London.
Ld. Digby's Letters.
Mr. Pym is appointed to go to the Lords, and to carry up a Pacquet of Letters directed from the Lord Digby to Sir Edward Nicholas; and to desire, that these Letters may be opened in the Presence of some Members of both Houses.
He likewise carried up Mr. Wolley Leigh's Petition.
Lord Arundell's Arms.
Ordered, That the Lord Fairefax do carry up to the Lords, the Letter from Sir Edm. Rhodes,concerning the Arms of my Lord of Arundell, at Sheffield; and desire their Lordships to take some such Course in it, as they shall think fit.
Search for Arms.
That the Justices of Peace that took the Examination of Francis Martyn, of Newton in the County of Cambridge, do, with the Assistance of Sir John Cutts, cause a diligent Search to be made in all the Parts of the House of Mr. Tempest, of Whaddon in the said County, for Arms and Ammunition; and to require the Aid of such Persons as they shall think fit, for the Finding out of the same.
Ordered, That Mr. Pierrepoint shall go with this Message to the Lords; To desire that these Messengers that carry the Thanks from both Houses to his Majesty for his gracious Message, do present unto his Majesty the Ordinance concerning the Militia; and desire, that Commissions may be granted unto the Persons named in the said Ordinance, according to the Desires of both Houses.
Ld. Digby's Letters.
Mr. Pym brings Answer, That he had delivered the Letters; and the Lords had appointed a Committee of Eight, and desires this House would appoint a proportionable Committee, to meet presently, in the Painted Chamber.
He likewise delivered the Petition, concerning the Lord Peterborough.
Sir H. Vane, Mr. Pym, Sir Edw. Hungerford, Mr. Chancellor of the Exchequer, Sir Tho. Cheeke, Sir Jo. Potts, Lord Falkland, Sir Sam. Owfeild, Sir Walth. Erle, Sir Tho. Barrington, Sir H. Mildmay, Sir Wm. Lewis, Sir Martin Lumley, Sir Jo. Evelyn, Sir Nevill Poole, Mr. Strode;
This Committee is to be present with the Committee at the Opening of the Letters from the Lord Digby to Sir Edw. Nicholas.
King's Message, &c.
Ordered, That Mr. Glyn shall, To-morrow Morning, report the Resolutions of the Committees of Lords and Commons that was appointed to consider of his Majesty's Message, concerning Carrickfergus; and evil Counsellors.
Proceedings against the Bishops
..Solicitor,.. Maynard, . . Prideau, . . Glyn, . . Serjeant Wilde, . . Whistler, . . Reynolds, are to prepare the Evidence against the Bishops; and to consider how it is fit to manage it: And are to meet To-morrow, at Eight of Clock.
Sir Robert Harley reports the Bill concerning Pluralities, returned from the Lords at a Conference, with some Amendments: The which Amendments were twice read, and committed to Sir Ro. Harley, Serjeant Wilde, Mr. Arthur Goodwyn, Mr. Reynolds, Mr. Glyn, Mr. Ro. Goodwyn, Sir Gilbert Gerard, Mr. Perefrey, Mr. Wheeler, Sir Hugh Cholmeley, Mr. Whistler, Dr. Eden, Sir Sidney Mountague, Mr. Cage, Mr. Prideaux:And are to meet presently, in the Court of Wards.
Mr. Pierrepoint brings Answer, That the Lords desire, that his Majesty may first be moved to pass the Ordinance: And that the Ordinance may be drawn up with the Names inserted; and that then his Majesty may be moved to grant the Commissions.
Ordered, That the Committee for the Militia do prepare and draw up the Ordinance, with the Names inserted in it, that are agreed upon by both Houses; and that they present it to the House To-morrow Morning.
Earl of Arundell's Arms.
Lord Fairefax brings Answer, That the Lords had referred it to the Lord Lieutenant of Yorkshire, to dispose of the Arms found in the Earl of Arundell's House, at Sheffield in Yorkshire.
Messages to the King.
A Message from the Lords, by Sir Edw. Leech, and Doctor Bennet;
The Lords do like well, that the Message may go alone concerning the Return of Thanks to his Majesty for his gracious Message; and do think fit that another Message may be sent to his Majesty, concerning the Militia; and, to that Purpose, they have appointed Two Lords, and desire that a proportionable Number of this House may be appointed to go along with these Lords to his Majesty.
Sir Edw. Alford, Mr. Sir Hugh Owen, Sir Roger Bourgoine, are appointed to attend his Majesty, with a proportionable Number of the Lords, to present the Ordinance concerning the Militia.
Answer returned by the same Messengers;
The House has taken their Lordships Message into Consideration; and do agree with their Lordships; and have appointed a Committee of a proportionable Number, to attend his Majesty with the Lords.
Ordered, That Mr. Pym, To-morrow Morning at Ten of Clock, shall report the Declaration concerning the Grievances and Remedies.
Trial of the Bishops.
That a Message shall be sent to the Lords, to desire a longer Time for the Trial of the Twelve Bishops, impeached.
Mr. Peard is appointed to go to the Lords, to desire, that the Trial of the Bishops may be put off till Friday come Sevennight next.
He is likewise to carry up the Order concerning Major Skippon; and to desire their Lordships Concurrence therein.
Ld. Digby's, &c. Letters.
Mr. Pym reports, That the Committee of the Lords and Commons had met; and that they had opened and read Four Letters; One from the Lord Digby to Mr. Secretary Nicholls; another to Sir Lewis Dive; Two from one G. Beare, One to Colonel Beckman, another to Mr. Rich. Sherley; all of the Date of the One-and-twentieth of January, 1641: The which were read, all but that to Mr. Shirley.
Resolved, upon the Question, That this House holds it fit, that the Letter written from the Lord Digby to the Queen's Majesty, be opened; and that a Message be sent to the Lords, to desire that it may be opened in the Presence of the Committees of both Houses appointed to peruse those Letters: And Mr. Martin is appointed to go to the Lords with this Message.
Sir L. Dive.
Resolved, upon the Question, That Sir Lewis Dive shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House.
Ordered, That Mr. Cole, Clerk, a poor distressed Minister of Ireland, be referred to the Committee appointed for the Contributions; to consider of some Relief to be given unto him: But first, they are to peruse the Letter directed to the Lord Say, concerning this Man.
Bailing a Prisoner.
Ordered, That Mr. Browning, now in the Serjeant's Custody, shall be bailed, upon good Security, to attend de die in diem as he shall be required.
Ordered, That * Backle, now in Newgate, committed thither by some Justices of Peace, of Midd', upon Order of this House, be forthwith bailed by them.
Answer from Lords.
Mr. Peard brings Answer, That the Lords will put off the Trial of the Bishops, as is desired: And that they agree with the Ordinance concerning Major Skippon, only with the Amendment of Two Words, viz. "according to the Order aforesaid." To the which Amendment this House likewise assented.
Southampton, &c. Lecturers.
Ordered, That in Southampton, Winchester, Alton, New Alresford, and Andevor, the Parishioners shall have Liberty to make Choice of such Men for to be Lecturers in their several Parishes, as they themselves shall agree upon, and as they will pay: And the Ministers of the several Parishes are hereby required to admit of such Ministers as shall be so agreed upon, as aforesaid by the Parishioners.
Answer from Lords.
Mr. Martin brings Answer, That the Lords will send Answer by Messengers of their own.
Ld. Digby's Letter to the Queen.
A Message from the Lords, by Sir Edw. Leech * * * The Lords desire a free Conference, by a Committee of both Houses, concerning the Letter written by the Lord Digby to the Queen, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.
Answer; That the House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.
* Pym, * Martin, Sir H. Vane, Mr. Hollis, are appointed to manage, and report this Conference.
Mr.Pym reports, That the Earl of Holland propounded, That the Letter sent from the Lord Digby to her Majesty, should be sent to the King; or to the King and Queen together; and that a Transcript of the Letter, sent to Sir Lewis Dive, might likewise be sent to the King and Queen.
Resolved, upon the Question, That the House shall adhere to their former Resolutions, of opening the Lord Digbye's Letter sent to her Majesty; and that the Committee shall back this Resolution with some Reasons.
Ordered, That the Clerk shall not give the Copy of any of the Letters written from the Lord Digby, to any Man, nor suffer any Man to take any Copies of them.