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, 25 Feb. 1641.
Privilege - Arrest of a Witness.
NICHOLAS PAY affirms, that he shewed Mr. Wooddall the Warrant under Sir Jo. Hotham's Hand, for the Bringing up Mich. Burnelay, a Witness at the Committee of Poll-money, notwithstanding he would * * * *
Resolved, That Mr. Baptista Goodall, who caused one Mich. Burnelay, that was summoned to appear before the Committee of Poll-money, as a Witness, to be arrested, contrary to the Privilege of Parliament, shall be.. for as a Delinquent, by the Serjeant at Arms, to answer the Breach of Privilege of Parliament aforesaid.
Answer from the King.
Lord Compton reports, that the Lord Lieutenant himself, and Mr. Chancellor of the Exchequer, attended his Majesty, with the Answer of both Houses, concerning his Majesty's Demand touching the Letters written from the Lord Digby: His Majesty's Answer was, that it was an Answer, and required no Answer.
The Order for resolving the House into a Committee, to proceed with the Bill of Four hundred thousand Pounds, was read: And
Accordingly Mr. Speaker left the Chair: And
Mr. Serjeant Wilde was called to the Chair:
And the Committee proceeded with the Bill aforesaid.
Mr. Speaker resumed the Chair.
Ordered, That To-morrow at Ten of Clock, Mr. Serjeant Wilde do report the Bill of Four hundred thousand Pounds, at Ten a Clock To-morrow Morning: And Mr. Speaker is to put the House in mind thereof; and no Business to intervene.
Answer from the King - Militia.
Sir Wm. Saville reports, That the Earl of Portland read unto his Majesty the Petition of the House, concerning the Militia.
HIS Majesty having received a Petition from both Houses of Parliament, by the Hands of the Earl of Portland, Sir Thomas Hele, and Sir Wm. Savile, gives this Answer;
That He deferred giving His Answer to the Petition formerly presented to Him, concerning the Militia, to an indefinite Time, only for that He was not assured when He should return: But since that the Queen will, by the Grace of God, be aboard To-morrow, He is resolved, on Saturday next, to be at Greenwich; where he will give His full Answer to the said former Petition, without any further Delay.
Letters from France.
Ordered, That Mr. Whittaker shall send the Letters taken, that are come from France, to the Parties that they are directed unto; and shall attend upon the French Ambassador, with the Letter directed to himself.
Vindicating the Members.
Ordered, That the Committee appointed to consider of the Bill concerning the Vindicating the Members of the House, do withdraw, to consider of that Bill.
Ordered, That no Manshall print the Sermons preached at the last Fast Day, before the House of Commons, by Mr. Calamy and Mr. Marshall, besides themselves, for the Space of these Two Months, without the particular Licence and Approbation of the said House of Commons.
Luttrell thanked, &c.
Whereas Mr. Luttrell did furnish the Soldiers of Sir Charles Vavasor with Victuals and other Necessaries; the House doth well accept of the Service; and returns him Thanks for it; and doth undertake, and so order, that he shall be repaid and satisfied, all such Sums of Money as shall appear upon Account to have been disbursed by him upon these Occasions; and Mr. Hunt is to return these Thanks, and to send this Order.
The Petition of James Nicoll, against Mr. Flick, was this Day read: And
Person sent for.
It is Ordered, That Mr. Nathaniel Flick, Parson of Hardingham, in the County of Norf, shall be forthwith summoned to appear here, to answer to such Matters as shall be objected against him.
Council in the Lords.
Ordered, That Mr. Bridgman shall have Liberty to be of Counsel in the Lords House.
Provisons for Ireland.
Whereas his Majesty, according to the Advice of both Houses, hath granted a Warrant for a Privy Seal. to licence his Majesty's Subjects to transport Corn, Victuals and other Provision, Custom-free, for the Relief of the Protestants in Ireland: And whereas this House hath given Directions to the Clerk of the Signet, to hasteh the Issuing of the Privy Seals, in pursuance of his Majesty's Warrant: It is therefore Ordered, by the Commons House of Parliament, That Eusebius Hayes, of the Port of Chichester in Sussex, be licensed and authorized by this House, to transport into Ireland Five hundred Quarters of Wheat, and other Provision, for the Relief of the Protestants there; the said Mr. Hayes giving good Security to the Customers or Officers of the Port, from whence he goes, to transport the same for the Relief of the Protestants there; and to bring Certificate from the Lords Justices of Ireland, (if he deliver the same at Dublyn) or the Mayor or other Head Officer, of the Towns of Yowhall, Colraine, Londonderry, or Knockfergus, of the Delivery of the said Corn and Provision there, for the Relief of the Protestants there.
Bishops to be heard at Bar.
Resolved, upon the Question, That a Day certain shall be appointed, when the Bishops of Durham, and Coventry and Lichfield, or any other of the Bishops, if they desire it, shall be heard.
Resolved, upon the Question, That these Bishops, and such other of them as shall desire it, shall be heard here at the Bar on Tuesday next.
Ordered, That the Letters sent from the Justices of Lincolneshire, concerning some Recusants Arms, be referred to the Committee for Informations.
The House being informed that divers of the Gentlemen of Somersettshire were at the Door, who desired to present a Petition to this House;
They were called in; and did present their Petition:
And then they withdrew.
And their Petition was read.
And then they were again called in: And Mr. Speaker told them, "That the House perceived in the Petition, very good Expressions of Care to the Publick, and of Respect to this House; for which they have commanded me to return you Thanks: And, for the Particulars, that are not yet dispatched, mentioned in the Petition, they will continue their Endeavours to give you just Satisfaction therein."
Impeachment of Lord Digby.
Sir Jo. Evelyn presented the Articles of Impeachment of Geo. Lord Digby, in Maintenance of their Accusation of High Treason: The which were first read over all together; and then One by One; and voted.
Impeachment of Ld. Digby.
Articles of Impeachment against Geo. Lord Digby, by the Commons in this present Parliament assembled, in Maintenance of their Accusation, whereby he standeth charged with High Treason, in their Name, and in the Name of all the Commons of England.
1. THAT the said Geo. Lord Digby, in or about the Month of January 1641, maliciously and traiterously endeavoured to persuade the King's Majesty to levy Forces against his Majesty's liege Subjects within this Kingdom: And the said Geo. Lord Digby did, in or about the same Month, actually levy Forces within this Realm; to the Terror of his Majesty's Subjects.
Resolved, upon the Question, That this shall be the First Article, in Maintenance of the Accusation of High Treason against the Lord Geo. Digby.
2. That the said Geo. Lord Digby, in and about the said Month of January, and at other Times, falsly, maliciously, and traiterously, laboured to raise a Jealousy and Dissention between the King and his People; and to possess his Majesty that he could not live with Safety of his Person amongst them; and did thereupon traiterously endeavour to persuade his Majesty to betake himself to some Place of Strength for his Defence.
Resolved, &c. That this shall be the Second Article, in Maintenance of the Accusation of High Treason, against the Lord Geo. Digby.
3. That the said George Lord Digby, in or about the same Month of January, and at other Times did maliciously and traiterously endeavour to stir up Jealousies and Dissentions between the King and his Parliament; and, to that End and Purpose, did, the same Month of January, wickedly advise the Framing of certain false and scandalous Articles of High Treason, against the Lord Kymbolton, Densill Hollis Esquire, Sir Arth. Haselrig, Baronet, John Hampden, John Pym, Wm. Strode, Esquires; and did persuade his Majesty, accompanied with divers Soldiers and others in warlike Manner, to come in Person into the House of Commons, sitting in Parliament, to demand the said Members of the said House, to the apparent Endangering of his Majesty's Person, and the high Violation of the Privileges and Being of Parliaments.
All which Matters were done by the said George Lord Digby, traiterously and wickedly, to alienate the Hearts, of his Majesty's liege People from his Majesty, and set Division between them, and stir up War within this Kingdom: For which the said Commons do impeach him the said George Lord Digby, of High Treason. And the said Commons by Protestation, saving to themselves the Liberty of exhibiting at any Time hereafter, any other Accusation or Impeachment against the said George Lord Digby; and also of replying to the Answer which he shall make to the said Articles, or any of them; or of offering Proof of the Premises, or of any of them; or of any other Impeachment or Accusation that shall be exhibited by them; as the Case shall, according to the Course of Parliament, require; do pray, That the said George Lord Digby may be put to answer all and every the Premises in the Presence of the Commons; and that such Proceedings, Examinations, Trials, Judgments, and Executions, may be, upon every of them, had and used, as is agreeable to Law and Justice.
Persons to be examined.
Ordered, That Mr. Wm. Murray and Sir Tho. Lansford, shall be forthwith summoned to appear before this House, to be examined, upon Oath, in the Case of the Lord Digby: And that the Lords be moved, that Mr. Secretary Nicholas, an Assistant of their House, may likewise be examined upon Oath.
A Message from the Lords, by Serjeant Finch and Dr. Bennett;
The Lords have received, by the Earl of Portland, his Majesty's Answer to the Message from both Houses, concerning the Militia; of which they have sent a Copy.
Cambridge Militia, &c.
They have likewise received, by the Hands of the Lord North, a Letter from the Justices of Cambridgeshire, concerning the Arms and Militia of the County.
Proceedings concerning the Prince.
That the Earl of Essex delivered to the Lords the Answer of the Marquis Hertford, to the Order of both Houses concerning the Prince; which was, that the Intention never was that the Prince should be removed from Hampton Court, until his Lordship's Health would give him Leave to wait upon him in Person; neither shall he.
The Information of the Vicar and Churchwardens, &c. of the Parish of St. Sepulchre's, against the Lord Mayor of the City of London, for his not putting in Execution the Laws against such as he was complained to of, for Breaking of the Sabbath; but, on the contrary, for rather encouraging such as were brought before him for violating the Sabbath, contrary to the Laws of the Realm, and an Order of this House; was this Day read.
And the Vicar, and Two others of those that subscribed the Petition, were called in; and did avow this Petition: And
It is Ordered, That this Information be referred to that Committee of this House that is appointed to meet with the Committee of the Lords, to consider of the Petition Yesterday presented from divers of the Citizens of London: And that any other Member of this House that has any thing under his Hands, that concerns the Lord Mayor, shall bring it to this Committee: And they are to meet To-morrow, at Eight of Clock, in the Court of Wards.
Resolved, upon the Question, That Sir Jo. Merrick shall be nominated to be a Commissioner in the Commission for the Affairs of Ireland; and Mr. Hampden, formerly nominated, spared; in regard of his great Employments, being a Commissioner appointed to treat with the Scotts Commissioners.
Propositions concerning Ireland.
Sir Walth. Erle reports from the Committee that was appointed to consider of the Propositions concerning the Succours of Ireland; and his Majesty's Answer to them; and what was fit to be done thereupon: And
It is Resolved, upon the Question, That the said Propositions, his Majesty's Answer, and the Directions, shall be forthwith published and printed: And that the Lords be moved to join with this House in an Order for the Printing of them.
The Directions reported by Sir Walth. Erle, were likewise read; and voted; and, upon the Question, assented unto: And
Ordered, That the Lords be moved to concur with this House herein.
Mr. Reynolds, * Widdrington, * Browne, * Mr. Selden, Mr. Solicitor, are appointed to prepare a Bill, and to bring it in with all Speed, concerning the Propositions for the Succour of Ireland.
Sir Walth. Erle carried up the Votes and Propositions concerning the Succours of Ireland; his Majesty's Answer thereunto: And is ordered to desire their Lordships Concurrence herein, for the Printing and Publishing of them.
He likewise carried a Copy of Directions to accompany these Votes: And to desire their Concurrence unto them.
Transporting Wools, &c.
Mr. Lisle reports the Bill concerning the Transportation of Wools, Woolfells, &c. with some Additions and Amendments: The which Additions and Amendments were twice read: And the Bill, with the Additions and Amendments, ordered upon the Question to be ingrossed.
The Time when this Bill should take Force, to be altered to the First Day of May.
Ordered, That the English Commissioners shall treat with the Scotts Commissioners, to move them, that some Course may be taken, that no Wools nor Woolfells may be transported out of Scotland beyond the Seas; and that they do acquaint them with the Bill this House has prepared, concerning the Exportation of Wools, Woolfells, &c.
Mr. Hampden acquainted this House with a Desire of the Scotts Commissioners to come in as Adventurers upon the Propositions concerning Ireland.
Resolved, upon the Question, That the Scotts shall be admitted as Adventurers in the Propositions concerning Ireland.
Resolved, upon the Question, That the Time of their Subscribing shall be according to the Time limited to the Northern Counties of this Kingdom.
Ordered, That the Committee for the Forest of Deane shall be revived; to sit To-morrow, at Eight... Clock, in the inner Star-chamber.
Allowance to Seabroke.
Ordered, That the Committee appointed to receive the Contribution Money, do take into Consideration the Petition of Mr. Seabroke, a Minister of Ireland; and for some Allowance to be made unto him.
Propositions concerning Ireland.
Sir Walth. Erle reporteth, That the Lords have agreed to the Instructions to be annexed to the Propositions concerning Ireland, and to the Printing of the Propositions, King's Answer, and Instructions; and have given Directions for the Printing thereof.