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, 15 Feb. 1640.
Herbert's, &c. Decree in Chaucery.
2a vice lecta est Billa, An Act for the Reversal of a Decree made in the Court of Chancery, between Sir Arnold Herbert, Knight, and others, Plaintiffs, and Lawrence Lowndes, and others, Defendants; and, upon Question, committed unto Sir Robert Pye, Mr. Cage, Sir Arthur Ingram, Sir Edward Deering, Sir Jo. Culpeper, Sir Jo. Evelyn, Mr. Oldsworth, Mr. Glynne, Sir Tho. Barrington, Sir Jo. Strangeways, Mr. Potts, Mr. Whistler, Mr. Evelyn, Mr. Whitehead, Sir John Holland, Mr. Maynard, Lord Fairefax, Mr. Perd, Mr. Broxam, Sir Wm. Allimson, Mr. Nicholas, Mr. Green, Mr. Wheeler, Sir Edm. Vowell, Mr. Young, Mr. Hide, Mr. Reignolds, Sir Fr. Barnham, Sir Beauchamp St. John, Sir Jo. Wray, Sir Guy Palmes, Sir Ro. Hatton, Mr. Waller, Mr. Hebblethwaite, Mr. Herising, Mr. Whittakers, Mr. Jo. Moore, Sir Wm. Penyman, Mr. Bond, Sir Edw. Hales, Sir Wm. Massam, Mr. Grimstone, Mr. Noell, Mr. Purefry:
Ministers' Remonstrance, &c.
Charge against Bowen.
Ordered, That the Petition, and whole Matter, concerning Mr. Bowen, of Woodchurch in Kent, be referred to the Committee of the Bishop of Bath and Welles: And that Committee is to draw up a Charge against him: And Sir Jo. Culpeper is added to that Committee: And those Words that Sir Jo. Culpeper this Day informed the House, were spoken by him, presently after the Breach of the last Parliament, are to be considered of in his Charge.
It is Ordered, That all the Rents and Profits of the Lands of Lyffard, in the County of Dennegall, in the Kingdom of Ireland, by Colour of an extrajudicial Decree made by the Earl of Straford, then Lord Deputy of Ireland, were sequestered into the Hands of Sir Paul Davies, Knight, and others, may be still detained in the Hands of the said Sequestrators; and that the said Sequestrators meddle no more with the Profits and Rents of the said Lands, till this House shall take farther Order therein; and that Sir Paul Davies, with the other Sequestrators, do deliver up, unto the said Sir Jo. Vaughan, an Account of what Rents they have received, and how they have been issued, and what remains in their Hands.
Upon Mr. Maynard's Report from the Committee for Privileges; it was Resolved, upon the Question, 1. That the Election of Sir Henry Berkely, and Mr. Hunt, for the Town of Ilchester in the County of Somerset, is void; in regard that due Notice was not given to the Electors: And that a Warrant issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for Electing of Two Burgesses to serve for the said Town of Ilchester in this present Parliament.
Resolved, upon the Question, 2. That the Election of Mr. Dunch, and Mr. Anth. Barker, to serve as Burgesses for the Town of Wallengford in the County of Berks, is void; and that a Warrant issue under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ, for a new Election of Burgesses for the said Town of Berks.
Royal Assent requested.
Mr. Treasurer, Sir Tho. Roe, Sir Fr. Seymour, Mr. Noell, Ld. Digby, Ld. Fairefax, Sir Edm. Varney, Sir Chr. Wray, Mr. Hollis, Sir Ja. Thinne, Mr. Solicitor, Sir H. Mildmay, Sir Jo. Culpeper, Ld. Falkland, Sir Tho. Barrington, Sir Roger Palmer, Sir Geo. Dalston, Sir Fred. Cornewallis;
This Committee is presently to attend upon his Majesty, to desire his Majesty, that he would be pleased, at his own convenient Time, to give his Royal Assent for the Passing of the Bill for the Relief of the King's Army, and the Northern Counties.
Message to Lords.
Sir Fr. Seymour is to go up to the Lords, with this Message; to intimate unto their Lordships, that this House has taken Course to present their Desires to his Majesty, that he would be pleased, at his own convenient Time, to give his Royal Assent unto the Bill, intituled, An Act for the Relief of the King's Army, and the Northern Counties; and to desire their Lordships, that some Course might be taken, for his Majesty's giving his Royal Assent to the Bill for the Triennial Parliament, so that it may pass with the Bill for the Relief of the King's Army, &c.
Member to sit.
Ordered, That Mr. Tho. Gawler, who, upon a Complaint made to this House, was brought up, as a Delinquent, by Order of this House, may be bailed, upon giving good Security, that he will attend the Pleasure of the House de die in diem.
Cockermouth Borough restored.
Resolved, upon the Question, That the Borough of Cockermouth, in the County of Cumberland, be restored to their ancient Privilege of sending Burgesses to Parliament; and that a Warrant issue, under Mr. Speaker's Hand, to the Clerk of the Crown, for electing of Two Burgesses to serve for that Town for this present Parliament.
Resolved, upon the Question, That the Election for the Town of Bossinny, in the County of Cornewall, is totally void; and that a Warrant issue, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ, for Electing of Burgesses to serve for the said Town, this Parliament.
And this House does farther Declare, That they think it fit, that, in this Case, there be Six Days Notice given to the Electors, after such time as the Precept comes to the Officer of the Town's Hand, before they proceed to the Election.-
Petition against Gawler.
Ordered, That the Petition against Mr. Gawler be referred to the Committee for the Bishop of Bath and Welles, with a special Recommendation from this House, to take it into a speedy Consideration, in regard the great Charges, that the Witnesses, that come so far, lie at.
Days for Reports.
Answer concerning Royal Assent.
Mr. Treasurer reports from the Committee that was appointed to attend his Majesty, concerning his Majesty's giving his Assent to the Subsidy Bill, that they had delivered the Commands of this House; and his Majesty's Answer is, that To-morrow Morning you shall know his farther Pleasure.
Privilege-Reflections on a Member.
Ordered, That Mr. Charles Gooe be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for speaking of very scandalous Words against Sir Fr. Seymour, as a Member of this House; the which Words have been here fully proved against him, by Two several Witnesses.