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, 22 Feb. 1640.
Contempt in not attending Committee.
UPON the Information of Tho. Greene, that he had served Wm. Edwards, Alderman of Chester, with an Order from the Committee of Grievances, to attend the said Committee, upon Wednesday last;
It is this Day Ordered, That, if he shall not appear at the said Committee, upon Wednesday next, that then, for his Contempt, he shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House.
Ordered, That the Sheriff of Newcastle be commanded to attend the House To-morrow Morning; to amend the Indenture of Return for One of the Burgesses of Newcastle: And, if he shall not then appear, upon Notice being given, that then, for his Contempt, a Serjeant at Arms shall go for him.
Bishops Lands at Fulham.
1a vice lecta est Billa, An Act for the Alteration of the Estate and Tenure of some Lands in Fulham, held of the Bishop of London, &c.
Contempt of Summons.
Ordered, That Sir Jo. Lamb, and Dr. Roane be forthwith sent for, as Delinquents, by the Serjeant at Arms attending on this House, for their Contempts, in not obeying the Summons of this House; being served with Two several Orders for their appearing here, and not appearing.
St. Gregorie's Church.
Ordered, That the Committee for St. Gregorie's by Paule's do meet To-morrow in the Afternoon, at Two of Clock, in the Court of Wards; to consider farther of the Manner of Transmitting of that Business to the Lords: And the Lawyers, that are of that Committee, are desired to attend it.
It is likewise Ordered, That the Transmission of the Business touching Mr. Smart, as for Matter of Form, be referred to the same Committee: And the Committee for Mr. Smart is to be joined to the Committee for St. Gregorie's by Paule's.
Mr. Corbett, and Mr. Rowse are desired to view and consider of the Precedents in the Lords House, concerning the Transmitting of the Charges against Sir Jo. Bennett, the Lord Treasurer Middlesex, and the Lord Keeper Bacon, &c.
Mr. Rigby reports from the Committee for the High Commission Court and Star-chamber, the Case of Dr. Bastwick.
* * * *
Upon this Report, it was
Resolved, upon the Question, That the Precept, made by the Archbishop of Cant', and other High Commissioners for Causes Ecclesiastical within the Realm of England, for the Apprehending of the Body of Dr. Bastwick; and for searching for, and seizing of, his Books; and the Making and Issuing thereof; and likewise, the Messengers Acts, in searching Dr. Bastwick's House and Study; and Seizing and Taking away of his Books, and Papers, by that Precept; are against Law, and the Liberty of the Subject.
Resolved, upon the Question, That the Sentence given against Dr. Bastwick by the High Commissioners, and the Proceedings whereupon that Sentence is grounded, and the Execution of that Sentence, are against Law; and that That Sentence is void; and that he ought to be restored to the Exercise and Practice of Physick; and that he ought to be discharged of his Fine of One thousand Pounds, and Imprisonment; and to have Reparation and Recompence for his Damage and Loss, sustained by the foresaid Proceeding, Sentence, and Execution.
Resolved, upon the Question, That all those several Commissioners of the High Commission Court, which voted against Dr. Bastwick, in that Sentence pronounced against him, ought to give Satisfaction to Dr. Bastwick.
Proceedings against Earl of Straford.
Mr. Glinne reports from the Committee appointed to take into Consideration the Matter of the free Conference, concerning the Proceedings in the Lords House against the Earl of Straford, &c.
* * * *
Upon this Report, the Lord Russell was appointed to go up to the Lords, with this Message; to desire a Conference with their Lordships, by a Committee of both Houses, concerning the Matter of the last free Conference touching the Proceedings in the Lords House against the Earl of Straford, at such Time as will stand with their Lordships Occasions.
Ordered, That the Committee appointed to consider of the Matter of the last free Conference with the Lords, touching the Proceedings in the Lord's House against the Earl of Straford, do manage this Conference.
Resolved, upon the Question, That the Report now made by Mr. Glinne shall be the Heads of the free Conference now desired with the Lords, concerning the Matter [of the] last free Conference, touching the Proceedings in the Lords House [against] the Earl of Straford.
Lord Russell brings Answer from the Lords, that their Lordships will give a Meeting presently, for a free Conference, by a Committee of the whole House, as is desired.
Archbp. of Canterbury.
Ordered, That the Committee for the Lord of Cant' do meet this Afternoon, at Four of Clock, in the usual Place.
Great Complaints were made, by the several Chairmen of the Grand Committees, that those Committees were very slenderly attended.
Counsel in the Lords.
Mr. Palmer and Mr. Holborne, have Leave to be of Counsel in the Lords House.
Ordered, That, To-morrow Morning, the Report concerning the Articles against the Lord of Cant' be first made, if it be ready; and that then the House be resolved into a Committee, to consider of the Providing of Monies, for the present great Occasions of the Kingdom, according to a former Order.
Message concerning Conference.
A Message from the Lords, by Judge Foster and Serjeant Whittfield;
The Lords have taken into Consideration the Matter of the free Conference, had this Day: They find it to be a Matter of great Weight; and therefore, by Messengers of their own, they will return Answer, for a farther free Conference.