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 Jovis, 19 Maii, 1642.
Charge against Boteler.
RESOLVED, upon the Question, That the Charge against Sir Wm. Boteler, shall be brought in on Tuesday next.
Assembly of Divines.
3a vice lecta est Billa, An Act for the Calling of an Assembly of godly and learned Divines to consult with &c.
Mr. H. Aiscough, of Yorke, B. D. and Mr. H. Robinson, of Leedes, B. D. shall be named in the Act instead of Mr. Levitt, and Mr. Micklethwayte.
A Proviso was offered to be added: The which was twice read, viz. "As in their Judgements and Consciences they shall be persuaded to be most agreeable to the Word of God;" and, by Vote upon the Question, ordered to be inserted.
The Bill aforesaid, upon the Question, passed; and sent up to the Lords by Mr. Marten.
The Order for Fifteen hundred Pounds out of the Monies Contribution ......
The Declaration to be sent to the Council for Scotland.
To desire a Conference concerning the Charge against Mr. Recorder; concerning the Attorney; concerning Depositions to be printed with the Declarations: And to desire a Committee to be appointed, to consider of the Putting the Militia in Execution; and to desire them to expedite the last Declaration sent up to their Lordships.
Leave of Absence.
Sir Rich. Vivian has Leave to go into the Country.
Resolved, upon the Question, That the Deputy Lieutenants of Bucks, that are Members of this House, shall go into the Country, to see the Ordering of the Militia, on Monday next.
Counsel to Members.
Resolved, upon the Question, Mr. Serjeant Rolle shall be assigned to be of Counsel with the Members of this House, accused by Mr. Attorney.
This Question was propounded, That such Members of the House as shall absent themselves from the Service of the House, contrary to the fundamental Laws of the Land, without the Leave of the House, shall be sent for by the Serjeant's Man.
And then the Question was put, Whether this Question should be now put, or no: And it passed with the Negative.
Resolved, upon the Question, That on Monday next, Sir Jo. Evelyn shall make Report of those Members that have been absent from the Service of the House without Leave.
Answer from Lords.
Mr. Marten brings Answer, That the Lords are upon the Declaration; and will dispatch it, before they go to any other Business: And as for the other Messages, they will send Answer by Messengers of their own.
Members not to go out.
Ordered, That no Member of the House shall go ... without Leave.
Message from Lords.
A Message from the Lords by Sir Ro. Riche ....
The Lords have considered of this Declaration; and have agreed unto it; and have taken Order, that it shall be published and printed.
That they have agreed to the Declaration to be sent to the Council of Scotland.
They have agreed to the Order of Fifteen hundred Pounds, to be paid to the Treasurer at Wars for Ireland.
They have appointed a Committee of Twelve, to meet with a Committee of a proportionable Number of this House, concerning the Execution of the Militia.
They have agreed to a Conference upon those Points as were desired.
Declarations to Scotland.
Ordered, That the Declaration in Answer to the Council of Scotland, and the Declaration at large, now sent from the Lords, be both fair written, to be sent to the Scotts: And that the Commissioners of this House, appointed to treat with the Scotts Commissioners, shall deliver Copies of these Declarations to the Scotts Commissioners, to be sent to the Council of Scotland: And that the Lords shall be desired to join in this Order.
House to sit.
Resolved, upon the Question, That the House shall sit this Afternoon, at Two of Clock, to go on with the Declaration.
Resolved, upon the Question, That the House doth agree to a Committee of a proportionable Number to the Committee desired by the Lords, to meet and treat concerning the Execution of the Militia.
Answer returned by the same Messengers; that this House has agreed to a Committee of a proportionable Number; and will likewise come up to the Conference presently.
The Charge against Mr. Recorder, and the Depositions to be printed with the Declaration, were carried up at this Conference: And likewise the Lords were to be desired to join with this House in assigning Council, Attornies, and Solicitors, to the Members accused by Mr. Attorney, for their particular Reparations against Mr. Attorney.
Ordered, That the Committee of Twenty-four formerly appointed to meet with a Committee of the Lords, to consider of the Messages concerning Hull, shall be the Committee that shall meet with the Committee of the Lords, appointed to consider of the Execution of the Militia; to take an Account what is done in the several Counties upon that Ordinance; and to give Order, from time to time, for the due Execution of it.
Declarations to Scotland.
MR. Hampden brings Answer, That the Lords had agreed to the Order sent from this House, concerning the Commissioners of both Houses delivering the Declarations to the Scotts Commissioners, to be sent to the Council of Scotland.
Speaking against Parliament.
An Information was given in, of Words spoken by Henry Davie against the Parliament.
Ordered, That Mr. Peard shall write to the Justices of Peace of the County of Devon, near Barnstable, to inquire after the Business of H. Davy; and, if they shall find Cause, then to bind him over to the next Assizes, to be proceeded with according to Law.
Resolved, upon the Question, That Mr. Wm. Umfrevile, who was formerly committed to the Gatehouse, by Order of this House, for framing false Letters, and venting them as if they came from Holland, the which Letters reflect upon the States, be forthwith released from any farther Restraint or Imprisonment.
Resolved, upon * *, That upon Mr. Pym's earnest Request, Dr. Shawberry, who was formerly committed to the Gatehouse for very scandalous Words spoken against Mr. Pym, shall be forthwith discharged from any farther Restraint or Imprisonment.
The House went, according to the Order of the Forenoon, to the Reading of the Declaration.
Breach of Privilege of Parliament.
A Message from the Lords by Sir Ro. Riche 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 a high Breach of Privilege of Parliament, which has lately been.
Resolved, upon the Question, That the Answer to the Messengers shall be, That the House will send Answer by Messengers of their own.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.
Declaration concerning Passing Bills.
Resolved, That this Clause concerning the King's being bound by his Oath to pass such Bills as shall be presented unto him by both Houses of Parliament for the Good of the Kingdom; beginning with the Words "in Conscience;" and ending with the Words "by the Statute of 25° Ed. III." shall stand as a Clause in the Declaration;
The Question was put, Whether it should be now put: And it passeth with the Affirmative:
The Qnestion being put;
|The House was divided.|
|The Yeas went forth.|
|Mr. Holles,||Tellers for the Yea.|
|Mr. Chancellor of the Exchequer,||Tellers for the Noe.|
|With the Yea, 103.|
|With the Noe, 61.|
Resolved, upon the Question, That this Declaration shall be re-committed, as to the Clause concerning the King's Denial of Bills; and brought in To-morrow Morning.
Providing Money, &c.
Ordered, That the Consideration of Providing of Monies for Ireland, and the Raising of Men, shall be taken into Consideration the first Business To-morrow Morning.
Ordered, That the Committee for Enlargement of the Time of Subscriptions to the Adventure of Ireland do meet this Afternoon, at Two of Clock.