House of Commons Journal Volume 2
31 January 1642

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1802

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'House of Commons Journal Volume 2: 31 January 1642', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 404-406. URL: http://www.british-history.ac.uk/report.aspx?compid=1195 Date accessed: 23 August 2014.


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Die Lunæ, ultimo Januarii, 1641.

PRAYERS.

Obnoxious Publications.

ORDERED, That the Book, intituled Noli me tangere, be referred to the Consideration of the Committee for Printing, to inquire out the Author and the Printer.

Naturalizing MerchantsStrangers.

That this Information of Richard Carmarthen, concerning Merchants Strangers of great Trading both Inward and Outwards, who do now endeavour to be naturalized by Parliament, be referred to the Committee for Naturalizations.

Members sending Challenges.

Ordered, That Mr. Speaker shall have a Warrant to stay, at any time, to apprehend and stay, such Members of this House, as he shall be informed do either send Challenges, or receive and entertain Challenges.

Resolved, upon the Question, That Mr. Griffith shall be asked the Question, whether, since he was a Parliamentman, he sent any Challenge to any other Parliament-man:

Mr. Griffith answered, That some Six Months since, he received some ill Words from the Lord Herbert, for which he desired him to give him a Meeting; and he did accordingly, and gave him very honourable Satisfaction; and that, since that time, he never sent him any Challenge.

Person summoned.

Ordered, That Mr. Heywood, of Grayes-inn, be forthwith summoned to appear before this House.

Privilege-Abusing aMember.

This Information following was given to this House, of Words spoken by Mr. Tho. Ogle against Mr. Hollis, a Member of this House:

Mr. Tho. Ogle (as Mr. Holles was passing through Westminster-hall, with some other Members of the House of Commons, to go to Dinner) went across by him, and jostled him with his Elbow: Mr. Hollis pulled him by the Skirt of his Cloak, and asked him why he jostled him: Ogle replied, "By God, you lie, and you are a base Rascal; and, but that I know you to be of the House of Commons, I would kick you;" or some such Word: Mr. Hollis replied, "Then you know me to be of the House of Commons:" He answered: "Yes; but you are a base Villain, and I have better Blood in my Veins, and am a better Gentleman:" and so continued in the like reviling Terms, till Mr. Hollys left him: But he yet pursued the same in his Absence.

This was in Westminster-hall; the Court of Chancery then sitting, and Mr. Holles being then in his Gown. It is very likely he did this purposely, by reason of an old Grudge he had against Mr. Holles.

The first Part of this Information was attested by Two Members of this House: And it was offered, that there were Two other Members of the House that could prove the rest of the Information.

Resolved, upon the Question, That Captain Tho. Ogle shall come in to the Bar, as a Delinquent.

Captain Ogle being at the Bar; Mr. Speaker told him, that he was brought to the Bar, as a Delinquent, for giving the reviling Words aforesaid to Mr. Gervase Hollis, a Member of this House:

He did confess the Words; but said, he was provoked by such Terms as he could not endure.

Sir Sa. Rolle, Mr. Sutton, Mr. Glyn, Sir Jo. Hotham, Sir Ph. Stapilton, Sir Edw. Alford, Sir H. Heyman, Mr. Rouse, Sir Jo. Evelyn, Sir Ra. Hopton, Sir Ro. Coke, Mr. Long, Mr. Pury;

This Committee is to consider of the Information of Words spoken by Captain Ogle against Mr. Jervase Holles, a Member of this House; and upon what Occasion those Words were spoken: And they are to meet To-morrow Morning, at Eight of Clock, in the Inner Star-chamber: And have Power to send for Parties, Witnesses, Papers, Records.

Members not to go out.

Ordered, That no Member shall go out without Leave.

Person summoned.

Ordered, That Mr. Leigh be summoned to appear here presently.

SuffolkPetition.

The House being informed, that there were some Gentlemen of Suff' at the Door, that desired to present a Petition to the House; they were called in; and did present their Petition in the Names of above Thirteen thousand Gentlemen, &c. of the County of Suff'.

They withdrew.

And then the Petition being read;

They were again called in: and Mr. Speaker, told .... that, for their Care and Affections, he was commanded to give them many and hearty Thanks:- For One Particular in the Petition, concerning Bishop Wren, they had transmitted That Cause to the Lords; and for the other Particulars in the Petition, they would take them into Consideration in due time.

ArtificersPetition.

The House being informed, that there were certain Artificers, poor People, at the Door, that had a Petition to prefer, they were called in; and did prefer their Petition.

And then they withdrew.

And their Petition was read: Which being read;

They were again called in: And Mr. Speaker, by the Command of the House, told them, that this House is very sensible of their Sufferings; and that they have, and will do their utmost Endeavours to relieve them of their Grievances; and doubt not, but by God's Blessing upon their Endeavours, and the Grace and Goodness of his Majesty, to bring those Endeavours to a happy Issue for your speedy Relief: And therefore do advise you with Patience a little longer to expect the Effects of these earnest Desires, and to behave themselves quietly in the mean time.

The poor Artificers were again called in: And Mr. Speaker told them, by the Command of the House, that they are very sensible of the Miseries they suffer: That they will forthwith acquaint the Lords with their Petition, and with what they say; and make no Question, but that the Lords and They, together concurring, will be able to find out the Causes; and to remove them: And therefore they advise you again with Patience to expect the Event and Issue of their Endeavours.

Ditto.

The humble Petition of an infinite Number of poor Tradesmen and Artificers in and about the Cities of London and Westminster, and the Suburbs thereof, concerning the great Number of Aliens trading in these Cities and Suburbs, and the Inconveniencies that are like to ensue thereupon, was this Day read: And it is ordered to he referred to the Committee for their Petition, of the like Nature, presented to this House the 16th of Aug. last.

Artificers Petition.

Ordered, That a Message be sent unto the Lords, to desire a Conference, by a Committee of both Houses, concerning a Petition this Day presented unto this House, from a Multitude of poor People in and about the City of London; and to deliver them the Petition; and to acquaint their Lordships What the Petitioners said at this Bar, concerning their great Miseries, and the Causes of them: And they are to take Notice, that the Necessity of this People bath transported them a little beyond the usual Form that Petitioners use to address themselves in.

Mr. Long is appointed to carry up this Message.

Mr. Hollis, Sir Phi. Stapilton, Mr. Hampden, are appointed to prepare Heads, and to manage this Conference.

Quarrelbetween Lord Herbert, &c.

Mr. Leigh was called in: And Mr. Speaker acquainted him, "That there has been Information given unto this House, that you knew something of a Quarrel that lately was, and passed between Two Members of this House, the Lord Herbert and Mr. Griffith: You are required by this House to deliver your whole Knowledge of this Business."

He said "he knew nothing more of this Business, but that it pleased yourself to send Information to the Earl of Pembroke of such a Business last Night: And that thereupon he sent to speak with Mr. Griffith."

King's Answer to Petition.

Mr. Pierrepoint reports from the Committee appointed to consider of his Majesty's Answer, sent on Saturday last, to the Petition presented from this House, on Wednesday last, unto his Majesty, the Opinions and Resolutions of that Committee.

Resolved, upon the Question, That his Majesty's Answer to that Part of the Petition, to put the Tower of London into the Hands of such a Person as this House should recommend, is a Denial thereof.

Resolved, &c. That, whereas his Majesty desires a particular Charge against the now Lieutenant of the Tower, before he displace him, this House is of Opinion, That this House being satisfied to advise his Majesty to put the Tower into the Hands of such Person as they should recommend unto him, is a sufficient Ground in this Time of imminent Danger.

Resolved, &c. That his Majesty's Answer to that Part of the Petition of this House, to put the principal Forts of the Kingdom into the Hands of such Persons as they should recommend unto him, is a Denial thereof.

Resolved, &c. 4. That whereas it is expressed in his Majesty's Answer, that he is resolved to put the Forts and Castles in such Hands only as the Parliament might safely confide in, and that the Nomination of Persons to such Places is a principal and inseparable Flower of the Crown, the House is of Opinion, in this Time of imminent Danger, the Confidence of this House is necessarily to be expressed, by recommending fit Persons to his Majesty; which is not derogatory to his Prerogative.

Resolved, &c. 5. That his Majesty's Answer, to that Part of the Petition, to put the whole Militia of this Kingdom into the Hands of such Persons as this House should recommend to his Majesty, is a Denial thereof.

Resolved, &c. 6. That, whereas it is expressed in his Majesty's Answer, that the Militia of the Kingdom, by the Law, is subject to no Command but of his Majesty, and of Authority lawfully derived from him; and, when any particular Course for ordering the same shall be directed by his Parliament, his Majesty will return such Answer as shall be agreeable to his Honour, and the Safety of his People; the House is of Opinion, that in this Time of Danger, the House, not having Time, by a Bill, to settle the Militia of the Kingdom, had just Cause for their Petition; and his Majesty's granting thereof is not against Law.

Ordered, That these Resolutions, and this Report of the Committee, shall be resumed, so soon as the House returns from the House of Lords.

Tonage andPoundage.

The Gentleman Usher came, and acquainted this House that the Lords were ready, by Commission, to pass the Bill of Tonage and Poundage; and did desire, that this House would be present at the Passing thereof.

That the Committee of Informations shall examine the Footman that is apprehended, upon the Information of Words that he should speak, viz. "Down with the Puritan, and up with the Papist;" and that withal, at the Uttering of these Words, he laid his Hand on his Sword.

Supplies for Ireland.

The Company of Drapers, as the House was informed, offered the Gift of an Hundred Quarters of Wheat, either in Meal or Bisket, to be disposed of, as this House should think fit, for the Service of Ireland:

The Company of Fishmongers a Hundred Quarters of Wheat, or a Hundred and Fifty Pounds in Money:

The Company of Merchant Taylors Two hundred Pounds in Money, for the Relief of Londonderry.

The Company of Drapers were called in; and Mr. Speaker told them, that the House did give them Thanks for their Offer: And did thank them for it.

Ordered, That these particular Offers of the Companies, concerning the Supply of Ireland, be reported to the Committee for Irish Affairs; to consider how these Supplies may be disposed of.

Corn for Ireland

Ordered, That Mr. Chancellor of the Exchequer shall move his Majesty, That a Privy Seal may be granted, that the Corn transported into Ireland for the Relief of that Kingdom, may be transported Custom-free; the Merchants giving good Security, to deliver it at such Ports as they shall be assigned unto by the Committee for Irish Affairs.

Treaty withScotland.

Ordered, That Mr. Reynolds, Mr. Maynard, Mr. Lisle, Mr. Glyn, Mr. Browne, and Mr. Whittlock, do peruse the Articles of the great Treaty, and consider of a Form of Acquittance, to be given by the Scotts Commissioners for the Receipt of Ten thousand Pounds, now assigned to be paid unto them, in Part of the Brotherly Assistance.

Stores for Ireland.

This House is of Opinion, and doth so Order, That Twenty Last of Powder, more than hath already been delivered out of his Majesty's Stores for the Service of Ulster, be delivered out of his Majesty's Stores for the Service of that Province with a double Weight of Match; and that, of this Twenty Last, Five may be of Cannon Powder; and likewise, that a proportionable Quantity of Lead; and at least Twelve hundred Three Pound Bullets for Field Pieces: And

It is farther Ordered, That the Lords be desired to join with this House, to move his Majesty, that a Warrant may be granted unto the Master of the Ordnance for the Delivery of these Particulars, for the farther Service of Ulster in Ireland.

Tonage andPoundage.

Ordered, That the Customers, and other Officers be required from this House, that if any Warrant do come unto them, for the Issuing out of any Monies paid in upon the Bill of Tonage and Poundage which passed this Day, that they do forbear to issue the same, till such time as they do first acquaint this House therewith: And the Serjeant is required to give them speedy Notice of this Order.

Petition tothe King,touching theFive Members.

Mr. Glyn reports from the Committee, another Petition to be presented, in the Name of both Houses, to his Majesty, touching the Five Members of this House, in haæc Verba;

To the King's most Excellent Majesty;

The humble Petition of the Lords and Commons, now assembled in Parliament,

Sheweth,

THAT, whereas your Majesty, by a Message sent to both Houses of Parliament, signified an Apprehension of some treasonable Matter, to have been committed by the Lord Kimbolton, Mr. Hollis, Sir Arth. Hasilrig, Mr. Pym, Mr. Hampden, and Mr. Strode; and thereby declared your Majesty's Intention to proceed against them in an unquestionable Way: We the Lords and Commons, in this Parliament assembled, did make our humble Petition to your Majesty, to beseech your Majesty to give Directions, that your Parliament might be informed, before Tuesday then next ensuing, what Proof there was against them; that accordingly there might be a legal and parliamentary Proceeding against them, whereby they might be brought to condign Punishment, if guilty; or discharged from so heavy an Accusation, if innocent:

And whereas Your Majesty was graciously pleased, in Answer to that Petition, to express Your good Approbation of the Desire of both Houses, for the speedy Proceeding against the Persons in that Petition mentioned; yet Your Majesty gave no other Satisfaction to their Desire than this; That Your Majesty held it necessary, lest a new Mistake should breed more Delays, that it should be resolved, whether Your Majesty were bound, in respect of Privileges, to proceed against them by Impeachment in Parliament; or to be left at Liberty to prefer an Indictment at the Common Law, in the usual Way; or have your Choice of either: And we find still, that there is no legal and parliamentary Proceedings against them; and that they still lie under the Burden of that high Charge:

We think it our Duty once again to beseech Your Majesty, to give Directions, that Your Parliament may be informed, before Friday next, what Proof there is against them, that accordingly they may be called to a legal Trial: It being the undonbted Right and Privilege of Parliament, That no Member of Parliament can be proceeded against without the Consent of Parliament.

And this we most humbly conceive ourselves obliged to ask; it being no less agreeable with Justice to have the Innocency of Parties, unjustly charged, manifested, than to bring the Nocent to their just Punishment.

Money for Ireland.

Ordered, That To-morrow Morning, at Ten of the Clock, the House do take into Consideration the Providing of Monies for the Relief of Ireland, and the Setting forth of Ships to Sea: And no Business to intervene.

Lieut. of the Tower.

The humble Petition of Sir Geo. Garrett and Sir Geo. Clarke, Knights, Aldermen and Sheriffs of the City of London, concerning the Licutenant of the Tower his Refusal to suffer a Guard to be set about the Tower; according to the Order of both Houses.

Ordered, That the Licutenant of the Tower be summoned to attend this House To-morrow Morning, at Ten of the Clock.

Arms and Ammunition.

Ordered, That, it be referred to the Committee for Gun-powder to consider how the Kingdom may be furnished with Arms and Ammunition; and that the Committee for Powder shall meet To-morrow, at Eight of Clock, in the usual Place.

King's Answer to Petition.

Ordered, That the Committee appointed to consider of the King's Answer to the Petition of this House, concerning the Putting the Kingdom into a Posture of Defence, do take into Consideration the Votes passed concerning the same; and to put the same into the Form of a Declaration: And also to consider of the Clause, in his Majesty's Answer of "Desires contrary to the fundamental Laws of the Land:" And also of the Clause, which That Committee gave Order for the Reporting thereof unto the House: And Mr. Reynolds, Mr. Rigby, Mr. Hill, Mr. White, Mr. Whitlocke, Mr. Browne, and Mr. Maynard, are added to that Committee: And are to meet To-morrow, at Eight... Clock, in the Inner Court . . . Wards.

Militia.

Mr. Perepoint reports an Order concerning the Disposing the whole Militia of the Kingdom: Which was read, and put to the Question; and by Vote assented unto.

Whereas there hath been of late a most dangerous and desperate Design upon the House of Commons, which we have just Cause to believe, to be an Effect of the bloody Counsels of Papists, and other ill-affected Persons, who have already raised a Rebellion in the Kingdom of Ireland; and by reason of many Discoveries, we cannot but fear they will proceed, not only to stir up the like Rebellion and Insurrection in this Kingdom of England, but also to back them with Forces from abroad: For the Safety therefore of his Majesty's Person, the Parliament, and Kingdom, in this Time of so imminent Danger, it is ordained, by the King, the Lords, and Commons, now in Parliament assembled, That shall have Power to assemble, and call together, all and singular his Majesty's Subjects, within the County of as well within Liberties as without, that are meet and fit for the Wars; and them to train, exercise, and put in Readiness; and them, after their Abilities and Faculties, well and sufficiently, from time to time, to cause to be arrayed and weaponed; and to take the Musters of them in Places most fit for that Purpose. And shall have Power, within the said County to nominate and appoint such Persons of Quality, as to him shall seem meet, to be his Deputy Lieutenant to be approved of by both Houses of Parliament; and that any One or more of the said Deputies, so assigned and approved of, shall, in the Absence, and by the Command, of the said have Power and Authority to do and execute, within the County, all such Powers and Authorities, before in this present Ordinance contained. And shall have Power to make Colonels and Captains, and other Officers; and to remove out of their Places, and to make others, from time to time, as he shall think fit for that Purpose. And his Deputies, Colonels and Captains, and other Officers, shall have further Power and Authority to lead, conduct, and employ, the Persons aforesaid, as well within the County of as within any other Part of this Realm of England, or Dominion of Wales, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen, according as they, from time . . time, shall receive Directions by his Majesty's Authority, signified unto them by the Lords and Commons, assembled in Parliament.-

This to go also to the Dominion of Wales. Mr. Perpoint to carry up this to the Lords.-

And that every the Powers, granted as aforesaid, shall continue, until it shall be otherwise ordered or declared by both Houses of Parliament, and no longer.

Ordered, That the Committee appointed to meet with the Committee of the Lords, to consider of the Safety of the Kingdom, shall present this Order to that Committee: And likewise the Grounds and Reasons to induce this House to make this Order.

Charge against Duke of Richmond.

A Message from the Lords, by Sir Edward Leeche and Doctor Bennett;

The Lords desire, that, according to your Offer at the Conference, you would presently send up Mr. Perd and Sir Hen. Hayman, to be examined, upon Oath, concerning the Charge against the Duke of Richmond.

Ordered, That Mr. Peard be forthwith sent for.

Answer returned by the same Messenger; That Sir Hen. Heyman shall come presently to be examined; and that they have sent for Mr. Peard to come also to be examined.

Trial of the Bishops.

Message from the Lords, by Serjeant Ayloffe and Serjeant Glanvile;

The Lords have put off the Trial of the Bishops, in regard of their great Affairs, till Friday next; and that the Lords Committees, in the mean time, will be ready to examine such Witnesses as this House shall produce.

Petitions sent to Lords.

Mr. Glyn is appointed to go to the Lords, with the Petition concerning the Five Members of this House.