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, 10 Januarii, 1642.
Bailing a Prisoner.
ORDERED, That Mr. George Chute, a Prisoner by Order of this House, shall be bailed, upon such Bail as the House shall allow of.
Ordered, That Lieutenant Halsey, now under Examination of a Committee, be forthwith discharged from any farther Attendance, Trouble or Restraint.
Leave to visit Prisoners.
Mr. Moore and Mr. Mountague have Leave to visit some Prisoners that are committed for actual Levying War against the King and Parliament.
Arrears of Assessment.
Ordered, That it be referred to the Committee for Subscriptions, where Mr. Trenchard has the Chair, to take Care, and give Order, for sending away the several Letters concerning the Arrears of the Four hundred thousand Pounds.
Resolved, That the Lords shall be desired to give Order, That the Common Hall, warned at the desire of this House to meet as this Day, may be put off till such Time as they shall receive farther Order from both Houses.
Earl of Warwick's Commission.
Mr. Strode carried up this Vote unto the Lords; and likewise the Commission to my Lord of Warwick to command the Fleet in Chief.
Answer from Lords.
Sir Wm. Armyn reports, That the Lords do assent unto the Orders and Instructions concerning Lincolneshire: As for the Bills, and other Orders, they will send Answer by Messengers of their own.
Message from Lords.
A Message from the Lords by Serjeant Whitfield and Serjeant Glanvile;
Adjourning the Term.
The Lords have agreed to the Orders sent up to them Yesterday from this House: And they do desire that the Committee of both Houses, concerning Reasons to be presented unto his Majesty for withdrawing his Proclamation, concerning the adjourning the Term, may meet this Afternoon at Three of Clock, in the Painted Chamber.
Answer returned by the same Messengers.
The House has appointed the Committee to give a Meeting, as is desired.
Answer from Lords.
Mr. Strode reports, That the Lords do agree that the Day for the Common Hall shall be put off: And, as to the Commission concerning the Earl of Warwick, they will send Answer by Messengers of their own.
Letter from Hotham.
A Letter from Sir Jo. Hotham to Mr. Speaker, of the Fourth of January, was to read; and ordered to be delivered to Mr. Speaker, to be kept that no Man might see it.
Payment to Dixe.
Ordered, That the Sixteen hundred Pounds furnished to Mr. Dixe, by the Earl of Northumberland, be paid to Mr. Dixe, out of the Tin Farm, as so much of the Brotherly Assistance: And that Mr. Scawen do move the Earl of Northumberland to expect Mr. Dixe his Answer till Friday Morning.
Propositions to the King.
According to the Order of Yesterday, the House fell into the Consideration of the Prepositions: And it was Ordered, That one Proposition should be, "That Your Majesty will be pleased to enter into a more strict Alliance with the States of the United Provinces, and other neighbour Princes and States of the Protestant Religion, for the Defence and Maintenance thereof against all Designs and Attempts of the Pope and his Adherents, to subvert and suppress it; whereby Your Subjects may be much encouraged and enabled, in a Parliamentary Way, for Your Aid and Assistance, in restoring Your Royal Sister, and her Princely Issue, to those Dignities and Dominions which belong unto them; and relieving the other distressed Protestant Princes who have suffered in the same Cause."
Letter to Ld. General.
Sir Wm. Drake is appointed to prepare a Letter to go from Mr. Speaker to my Lord General; to acquaint him with the Carriage of Lieutenant Browne, towards him and his Tenants; and to desire his Excellency would satisfy this House, By what Authority it was done.
Propositions to the King.
The Question being put, Whether the Proposition for an Act of Oblivion should be laid aside for the present;
It passed with the Negative.
The Question being put, Whether the Clause of Seizing of Goods, in the third Vote of the Proposition concerning an Act of Oblivion, should be left out;
|The House was divided: And|
|The Yeas went forth.|
|Mr. Holles,||Tellers for the Noe.|
|Sir Robert Crane,||Tellers for the Yea.|
When the Tellers came to make their Report, they could not agree upon the Numbers: Three were of One Opinion, the Fourth of another.
[a] In the Margin is wrote, "Ordered to be respited, till the House were satisfied, whether, in this Sum of Two hundred and Five Pounds, Monies be comprehended.
So that the House was again divided; and told again: And all that were not present at the first Telling were required to withdraw.
The Tellers then reported, That, with the Noe, were 33.
And that, with the Yea, were - - - - - 33.
But it was desired, That Sir Nath. Barnardiston (who was present at the first Telling, upon the first Division of the House, but came not in upon the second Telling, till the Report was made, and reported by Mr. Speaker) might be told: It was doubted whether he should be told or no; coming not in till after the Report made.
And the Question being put, Whether Sir Nath. Barnardiston in this Case ought to be told;
The House was divided: And
The Yeas went forth.
Before the House was told, the Noes yielded.
So that Sir Nath. Barnardiston being told, the Noes were 34.
Resolved, &c. That One Proposition unto his Majesty shall be, "That an Act of Oblivion may pass, for all Crimes, Offences, Trespasses, Actions and Suits, caused, procured, and incurred, by Occasion of the unhappy Differences betwixt his Majesty and the Two Houses of Parliament, since the Tenth of January 1641, and the War thereupon ensuing."
The third Clause, viz. "That it shall likewise be provided, that where Lands, Houses, or Goods, belonging to any Man, be entered upon, seized, or remain in Specie, in the Custody of another; it shall be lawful for the true Owner to seize upon the same Goods; in a peaceable Manner re-enter upon his Lands or Houses; or to bring his Action for the Recovery of them;" was again read; and put to the Question: And
It passed with the Negative.
Sir Robert Harley reports, That the Sixty Prisoners, ordered to be removed to Windsor, may, if they will be at the Charge, be carried thither in Coaches.
Ordered, That the Prisoners shall be removed To-morrow; and be delivered to Colonel Ven.
Ordered, That it be left to the Committee Yesterday made, to consider of the Removing of the Prisoners, to appoint in what Manner, and with what Guard, they shall be carried.
Pass for Ly. Sydenham.
Ordered, That the Lady Sydenham shall have Mr. Speaker's Warrant to go to Oxon, with such Number of Servants and Horses as shall be expressed in the Warrant; provided that they carry no Letters, nor any thing else that may be prejudicial to the State.
Payment of Loan.
Ordered, That the Committee for the Safety of the Kingdom do grant their Warrant to Sir Gilbert Gerard, Treasurer at Wars, to discharge and satisfy a Bill of Exchange of a Thousand Pounds borrowed by the Committees at Bristoll, of some Merchants there.
Ordered, That, so soon as the House sits, they shall proceed with the Propositions.