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 Martis, 29 Martii, 1642.
Information against Lupton.
HARMAN Tevile, being this Day called in, in- formed this House of dangerous Words spoken by against Mr. Lupton, a Minister, much concerning the Honour of this House, and the Members thereof.
Which Information was likewise read in Writing: And
Ordered, That it be referred to the Consideration of the Committee for scandalous Ministers; to the end the said Mr. Lupton may speedily give an Account thereof.
Articles against Benion.
The ingrossed Articles against Mr. Geo. Benion, were this Day read; and, upon the Question, assented unto; and ordered to be transmitted forthwith to the Lords, at a Conference: And Mr. Serjeant Wilde is to manage the Conference.
Lord Lieutenants, &c.
A Message from the Lords by Sir Edw. Leech and Lord Dr. Bennett;
The Lords have commanded us to deliver unto you these Two Papers; the One a Draught of a Commission to the Lords Lieutenants of the several Counties; and the other, a Form of a Deputation from the Lords Lieute- nants to the Deputy Lieutenants: The Lords have as- sented; and desire your Concurrence, if you think fit.
The Draught of the Commission, and the Form of the Deputation, were both read: And
It is Resolved, upon the Question, That this House doth concur with the Lords herein, without any Addition or Alteration.
Answer returned by the same Messengers: That this House doth assent unto this Commission and Deputa- tion in all Particulars.
Mr. Blunt, who was Yesterday, by Order of the House, summoned to appear to give his Testimony about the Business at Maidston, informed as followeth:
"That on Monday, before the Assizes, something was spoken at large, of naming a Grand Inquest; besides, a good Grand Inquest was desired by the Judge: Sir Edw. Deeringe first stood up, and offered himself to serve for the Body of the County:Some others stood up, and would not serve; Sir Roger Twisden and some others that were of the Commission of Oyer and Terminer, could not serve. Then Sir Geo. Strode stood up, and offered himself: Then I stood up, and offered myself; because I conceived some- thing was on foot; and I desired to see the Play. There were Ten of us went off the Bench; we were Nineteen, in all, of the Grand Inquest: We met: and, after Dis- patch of the general Business, a Motion was made for a Petition, but no Heads declared; but that a Petition might be framed. Myself and others spoke against it; because we should contradict the Petition already de- livered by the County to the Parliament. Some Heads of a Petition was presented next Day by Sir Ed. Deer- inge and Sir Geo. Strode, somewhat differing from the Petition: Some of the Heads were so high, that I wish I might not reveal them myself; and those, on my Opi- nion, did contract them into a Writing. Of the Nine- teen of the Inquest, Nine of us did protest against it. I have here their Names in Writing, under their own Hands, to that Purpose. Some of the Heads pre- pared to be a Ground of the Petition, were: That a Synod be called only of Divines; That the Book of Common.... (penned by the Inspiration of the /?/ Ghost) might not be altered; That they may not be bound by an Order of both Houses, touching the Militia, without the King's Consent; That they might be freed from arbitrary Power; That Cause might be shewn, why this House had cast Sir Edw. Deeringe out of the House; and other Particulars, which I cannot punctually remember: But That of the Holy Ghost, and shewing Cause for Sir Edw. Deering's Expulsion, was, upon Debate, omitted. The Petition being framed, and opposed by Nine of us; they caused us to withdraw: When the Petition was delivered at the Bar by the Grand Inquest, those of us that were against it, desired the Judge to take notice that they were not all of Opinion with him that spoke first: They said they would post our Names: We said, we then would post their Names. One said, they would meet on Blackheath, 23° April, with Forty thousand People."
Order was given, for Copies of this Petition to be signed by Mr. Pope, an Attorney at Law.
A Copy of the Petition of the Gentry, Ministry, and Commonalty of the County of Kent, &c. was this Day read.
Mr. Blount was again called in: And Mr. Speaker, by the Command of the House, told him: "That the House has considered of your Relation; and, in all your Proceedings in this Business, they do commend your Judgment; and, for your Care of the Peace of the County,and Respects to this House, they give you many Thanks:"- And did desire him to attend a little longer; for that the House conceived, there would be occasion to examine him before a Committee of both Houses
Resolved, upon the Question, That Dr. Shelden. Mr. Higgins, Mr. Copley, Ministers; and Dr. Piers, Doctor of the Civil Law; be forthwith sent for as Delinquents, by the Serjeant at Arms attending on this House.
Resolved, upon the Question, That Mr. Crumpe, Minister, shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for being very active in contriving, framing, and advancing the Petition at the Assizes at Maidston
Ordered, That Rich. Amherst, Tho. Brodnox, Bonham Fance, Rich. Hardres, Henry Oxenden, Stephen Lennard, Tho. Catlett, Tho. Roper, be summoned forthwith to attend this House.
Royal Assent to a Bill.
The Gentleman Usher of the House of the Lords came and acquainted the Hou;e, that the Lords were ready to give his Majesty's Assent to the Bill of Tonage and Poundage, by Commission: And desired Mr. Speaker and the House to be present.
The Bill itself not being sent down, the House fell into some Considerations, what Mr. Speaker should do, in case the Bill should not be sent down:
But in the Interim the Bill was privately sent down.
A Message from the Lords by Sir Ro. Rich, and Mr. Page;
The Lords desire a Conference by Committees of both Houses presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Affairs of Ireland.
Affairs in somersettshire.
A Letter from Mr. Wm. Dey, dated from Holeditch' near Chard, March Twenty-fourth, 1641, written to Mr. Ven, a Member of this House, concerning some Words of Siding, uttered in Somersettshire, of the King's Side and the Parliament: A Part of a Letter, written to Mr. Pime, much to the same Purpose, was likewise read; of some such Message that was sent, as it is written, from Sir Jo. Stoell and Mr. Coventry to Mr. Lutterell.
Persons to attend.
Resolved, upon the Question, That Sir Jo. Stoell and Mr. Coventry shall be particularly summoned to give their Attendance upon the House presently.
Ordered, That Mr. Wm. Dey and Mr. John Streete be summoned to attend the House presently.
Resolved, upon the Question, That Sir Wm. Penyman, Sir Wm. Savile, Sir Thomas Danby, Mr. Mallory the elder, be summoned forthwith to attend the Service of the House.
Leave of Absence.
Resolved, upon the Question, That Mr. Alexander Carew shall have Leave to go into the Country.
Answer returned by the same Messengers: That this House will give a present Meeting, as is desired.
* Pym, Sir H. Vane, * Pierrepoint, Mr. Glyn, are appointed Reporters of this Conference.
Affairs in Monmouth.
The Certificate of the Justices of Peace in the County of Monmouth, dated 22° Martii 1641, of the Mayor of Monmouth's refusing to let the Magazine of that County be removed to Newporte, was read.
Ordered, That the Justices of Peace for the County of Monmouth be required, from this House, to see the former Order of this House put in Execution, for the Removing the Magazine for the County of Monmouth, from the Town of Monmouth to Newporte in the said County.
And it is further Ordered, That the High Sheriff and Justices of Peace for that County do take a present and special Care, for the Disarming the Recusants in that County, according to the Ordinance of Parliament; and do give an Account to this House, what was done upon the Ordinance for Disarming of Recusants, when it came first out; and what they shall now do, and do find, upon this Order; and to see that Order further put in Execution.
Person to attend.
Ordered, That the Mayor of Monmouth be forthwith summoned to attend this House.
Publishing King's Papers.
Mr. Glyn, Mr. Martyn, Mr. Pym, Sir Sim. D'Ewes, Serjeant Wilde, Mr. Whitlocke, Sir Hen. Vane junior, Mr. White, Mr. Corbett, Sir Ph. Stapleton;
This Committee is to consider of some Heads for a Conference to be had with the Lords, concerning the King's sending Warrants, under his own Hand to the several Sheriffs of the several Counties of this Kingdom, for the Publishing of Books, Messages, and Writings, concerning the Parliament or the Publishing of any other Command, concerning the Parliament; and to present the same to this House.
The House being informed that divers of the Gentry of the County of Rutland were at the Door, to present their Petition to this House;
Who were called in; and delivered a Petition in the Name of the High Sheriff, Knights, Esquires, Gentlemen, Ministers, and others of good Rank within that County:
Which being delivered, they withdrew
And the Petition was read; as also a Copy of the Petition which they intended to present to the Lords; wherein they desired the Approbation of this House: And also the Copy of the Petition which this County presented to the King, as he passed that County to Yorke, to beseech his Return to Parliament, was likewise read.
Mr. Speaker told them, (after they were called in again) "That this House had read their Petition, directed to this House; and was very sensible of the Expressions therein, of their Care of the Commonwealth, and of their Respects to this House in particular: And therefore was commanded to return them Thanks: And also to let them know, that it was very acceptable to this House, their Petitioning his Majesty to return to his Parliament; a thing so much desired and necessary, at this Time, for settling the Affairs of the Kingdom: And further, that this House doth give Approbation of their Petition to the Lords; and leaves it to their Discretion for the Preferring thereof."
Crosse's, &c. Examinations.
Ordered, That the Examinations of Tho. Crosse and Carew Sturvey be referred to the Committee for Informations.
Mr. Pym reports the Conference this Day had with the Lords:
That the Lord Keeper first tendered a Letter from his Majesty to be read, directed to himself, dated from Yorke the Twenty-sixth of March, concerning the Lord Lieutenant of Ireland's speedy Repair into Ireland: That the
Lord Lieutenant said, he was very desirous to be gone into Ireland: He hath not yet received his Instructions from his Majesty: That he desires all things may be so provided for his going, that he may take the Field when he comes there: That when he had the Honour to be employed as an Ambassador in France, there were Arrears due unto him from the King for his Service; which he desired might be taken into Consideration, that he might therewith discharge that which he is bound to pay to others.
Mr. Pierrepoint reported, that the Lords had agreed to the Bill for Explanation of the last Statute concerning the effectual Reducing the Rebels in Ireland, with some Amendments:
The which Amendments were twice read; and, by Order, upon Vote, assented unto.-
They likewise returned an Addition to the said Bill, in Paper.
To the which, Exceptions were taken; because it being no Amendment, but an additional Clause, was not returned regularly in Parchment.
Ordered, That Mr. Solicitor, Serjeant Wilde, Mr. Glyn, Sir Walth. Erle, do withdraw, and consider what is fit to be allowed to the Sheriffs, and others employed in the Receiving and Collecting of the Monies that shall come in upon the Bill, concerning the Propositions: And to consider how that Allowance may stand with the former Act.
Mr. Pym informed the House that Dr. Gifford, an English Doctor in Physick, who is out in Rebellion, has a good Estate in England: And that one Jackman, in the Convent Garden, receives his Rents; who, as it is probable, has, at this Time, a good considerable Sum in his Hands.
Ordered, That Mr. Jackman be required, that such Monies as he has in his Hands, or shall receive, of Dr. Gifford's, that he do forbear to pay them forth unto any Man, upon any Bill of Exchange, or otherwise, until he shall receive further Order from this House.
Ordered, That the King's last Declaration be taken into Consideration so soon as the House shall meet, at Three of Clock.
Ordered, That the House be adjourned till this Afternoon, at Three of Clock.
UPON Mr. Pelham's farther Report from the Committee for Emanuell College;
It is Resolved, upon the Question, That Mr. Worthington is well and duly elected Fellow of Emanuell College in Cambridge; and shall be forthwith pronounced Fellow by the Master of the said College, according to the Statutes: And Mr. Worthington is accordingly to be admitted Fellow of the said College.
Resolved, upon the Question, That Mr. Wright, Mr. Hall, and Mr. Holbech, superannuated Fellows of Emanuell College, in Cambridge, are non Socii, according to the Statute de Mora Sociorum; any Dispensation to the contrary notwithstanding: And that the Master and Fellows of the said College are to pronounce them non Socii, according to the said Statute: And are to proceed to an Election of others in their Places.
Trial of Judge Bartlett.
That Mr. Pierrepoint do go to the Lords, to acquaint .....that, in regard that the Witnesses to be produced in the Case of Judge Bartlett, are far remote out of Town, to desire them to appoint another Day for his Trial: And he went up accordingly with this Message.
Mr. Glyn, Mr. Vaughan, Mr. Whittlock, Mr. Hill, Mr. Solicitor, Mr. Crue, Serjeant Wilde, Mr. Holborne, Mr. White, Mr.Pelham, are added to Mr. Pierrepoint, to manage the Evidence at the Trial of Judge Bartlett.
Member to attend.
Ordered, That Mr. Hide be summoned forthwith to attend the Service of the House; all Excuses laid aside.
Eaton's &c. Petitions.
Ordered, That the several Petitions of Geo. Eaton, of West Chester, Mariner; of Rob. Linch, of Galloway, Merchant; of Patrick and Dominic Linche, of Galloway, Merchants; of Dominick Bodkin, and others, of Galloway, Merchants; and of Terlagh Obryan, and Joseph Everard, Gentlemen; be referred to the Consideration of the Lord Admiral, to do therein as his Lordship, in his Judgment, shall think fitting.
Ld. Harbert, &c.
Ordered, That the Informations in Writing, delivered to this House, concerning the Lord Harbert and others, of the County of Monmouth, be referred to the Consideration of the Committee for Informations.
According to an Order made in the House this Forenoon and Yesterday, his Majesty's last Declaration was read; and the House fell into Consideration of it.
Mr. Pym, Mr. Martin, Mr. Glyn, Sir Ro. Coke, Sir H. Vane, Sir Ben. Rudyard, Sir John Evelyn, Mr. Vaughan, Sir Sam. Rolle, Sir Philip Stapilton, Mr.Whittlock, Mr. Nath. Fienis, Mr. Rowse, Mr. Cage;
This Committee is to consider of the Parts of his Majesty's last Declaration, and the Message from both Houses to his Majesty, presented at Newmarket; and to prepare something, and present it to the House, that may set forth the Clearness of the Intentions of the Parliament, and discover the Mistakes, and give his Majesty and the Kingdom the best Satisfaction that may be: And are to meet this Afternoon, at Six of Clock, in the Inner Court of Wards: And so, from time to time, as they shall think fit.
A Message from the Lords, by Sir Ro. Riche, and Mr. Page;
The Lords do desire a Conference, by Committees of both Houses, presently in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Affairs of Ireland.
A Letter of the Two-and-twentieth of March, from Henry Horsley and Reynold Horsley, directed, as is informed, to Captain Ogle, intimating, that there was a Petition walking in Northumberland, that might prove of bad Consequence; and that Sir Jo. Dallavall, and Mr. Edw. Gray, should be very active in the Advancing of this Petition.
Ordered, That Sir John Dallavall, and Mr. Edward Gray, be forthwith summoned to attend the House; and that they do bring up the Petition mentioned in the Letter: And likewise.
It is farther Ordered, That Captain Ogle, to whom this Information came, may take some speedy Course, that the Witnesses that are to be produced to make good this Information, may be here with all Speed.
Resolved, upon the Question, That the Answer to the Messengers shall be, that the House will give a present Meeting, as is desired.
Answer returned by the same Messengers; That this House has taken their Lordships Message into Consideration; and will give a present Meeting.
Sir H. Vane junior, Mr. Pym, Mr. Fienis, Sir Philip Stapilton, are appointed Reporters of this Conference.
Trial of Judge Bartlett.
Mr. Pierrepoint brings Answer, that the Lords have appointed the last Tuesday in Easter Term, for the Trial of Judge Bartlett.
Scotch Forces for Ireland.
Mr. Pym reports, that the Lords had taken into Consideration the necessary Supply, that was expected from Scotland to go into Ireland: That they heard nothing yet of their Arrival: That they had given Order to the Lords of their House, that are Commissioners to treat with the Scolls Commissioners, to speak with them concerning it: And they bring Answer, That they have been at Sea several times, and beat back with foul Weather: The Lords likewise desired this House to take the whole Business of Ireland into their speedy Care.
A Message from Lords, by Sir Ro. Riche and Mr. Page;
The Lords had commanded them to deliver this unto you; which is concerning the Militia of London: The Lords have assented unto it; and desire the Concurrence of this House therein.
Answer returned by the same Messengers; That the House has taken their Lordships Message into Consideration; and will send Answers by Messengers of their own.
Bishops of Durham, &c.
The humble Petition of the Bishops of Durham, and Coventry and Litchfield, was read; and nothing done upon it.
Ordered, That the Bill, concerning the Bishops, if possible may be, shall be reported on Thursday Morning.
Reducing Irish Rebels.
Mr. Whittlock reports the Amendments to the Lords Additions to the Bill, concerning the Explanation of some Clauses in the Bill for effectual Reducing the Rebels in Ireland: The which were read; and assented unto.
Message to Lords.
Sir Ro. Coke carried up the Two Resolutions of this House, concerning Hull, to desire their Concurrence: And was likewise ordered to desire a Conference concerning the Bill of Explanations aforesaid, and the Order concerning the Settling the Militia of London: And to desire their Lordships to sit awhile.
Committee to attend the King.
Resolved, upon * * That this House holds it fit, That a Committee of some Members of this House be sent to Yorke, to attend his Majesty there, in these Times of Jealousies and Dangers: And, that if the Lords shall think fit to send any Committee of theirs, to join with the Committee of this House, that then they may have such Instructions as shall be agreed upon by both Houses.
Sir H. Vane went up to the Lords, to acquaint them with the Resolutions of this House, touching this Business; and to know their Lordships Resolutions herein.
Answer from Lords.
Sir Ro. Coke brings Answer, That the Lords, concerning the Orders for Hull; the Conference concerning the Bill; and the Order concerning the Militia; and to sit awhile; they agree to all.
Relief of Duncannon.
Ordered, That the Undertakers upon the Propositions for the speedy and effectual Reducing the Rebels in Ireland, do pay unto Nicholas Loftus, Deputy to the Treasury at Wars for Ireland, One thousand Pounds for the Relief of Duncannon, out of the Monies come in by the Undertakers: And this House doth promise, that the same shall be repaid out of the first Monies that shall come in.
Mr. Reynolds, Mr. Whittlock, and Sir Ro. Coke, are appointed Managers of this Conference.
Answer from Lords.
Sir H. Vane brings Answer, That the Lords will send Answer by Messengers of their own.
Ship stayed, &c.
Ordered, That Mr. Pym do write to Mr. Fortescue, and give him Thanks, from this House, for his Care and Diligence, in the Staying of a Ship in Devonshire, and apprehending the Persons there: And that he shall receive Direction, from the Lord Admiral, for the Disposing of the Ship and Goods: And Mr. Pym is to acquaint the Lord Admiral herewith: And to desire his Lordship, that a Ship may be designed to the Sea Coast, towards Wexford, to stop the Passage of Ships to and from the Rebels.
Resolved, upon the Question, That the House shall adjourn itself till Thursday Morning, Nine of Clock: And doth adjourn itself accordingly.