Die Mercurii, 6 Jan. 1640.
Information against Smyth.
AN Information was this Day deliver'd in, by a Member of this House, against one John Smyth Clerk,
of Hive near Maidstone in Kent; attested by John Huckins
and Robert Chipperfield, of the Parish of St. Giles', Cripplegate, Wire-drawers.
Ordered, That * Jervase, of the Parish of Cripplegate,
Pewterer, be forthwith summoned, and required to appear
here, to give Testimony in the said Cause.
Ordered, That Jo. Smyth Clerk, be forthwith sent
for, as a Delinquent, by the Serjeant at Arms attending
on this House, to answer the said Information against
Upon Mr. Maynard's Report, it was
Resolved, upon the Question, That Mr. Valentine's
Election, for One of the Burgesses of * in Cornewall,
is good; and that he shall sit here, as a Member; and
that his Election shall not be questioned during this
Member not to sit.
Resolved, upon the Question, That Mr. Moyle shall
not sit here, as a Member of this House, till his Election
Sitting of Members pending disputed Elections.
Resolved, upon the Question, That Mr. Tate and Mr.
Knightly shall sit, as Members of this House, till their
Election be avoided.
Resolved, upon the Question, That Mr. Fitzwilliams
shall sit here, as a Member, till his Election be decided.
Resolved, upon the Question, That Sir Ro. Napier and
Mr. Anth. Vane, chosen Burgesses for *, shall not sit
by this Indenture, till their Election be decided.
Resolved, upon the Question, That Mr. Tho. May, elected One of the Burgesses for Midhurst in Sussex, shall sit
as a Member of this House, till his Election be avoided.
Resolved, upon the Question, That Dr. Chaworth,
elected One of the Burgesses for Midhurst, and returned by
the Bailiff, the publick Officer of the said Town, shall sit
as a Member of this House till his Election be avoided.
Resolved, upon the Question, That Mr. Cawley, returned One of the Burgesses for Midhurst, but not by the
public Officer, shall not sit, as a Member of this House,
till his Election be decided.
Resolved, upon the Question, That Mr. Herbet Price,
returned as a Burgess for the Borough of Brecon, shall
sit here, as a Member, till his Election be avoided.
Resolved, upon the Question, That Mr. Robert Williams
shall not sit, as a Member of this House, for the said
Borough of Brecon, till his Election be decided.
St. Gregorie's Church.
Ordered, That the whole Matter of St. Gregorie's by
Paule's, as it has been this Day reported by Mr. Kirton,
from that Committee, be referred to the same Committee;
to prepare it, in such a Sort, as may be fit to be presented to the Lords, for the Relief of the Parishioners,
and to offer it to the House: And they are to take into
consideration the whole Debate, that has been this Day
had, upon the Business: And Mr. Whistler and Mr. Martin are added to this Committee: And they are to meet
To-morrow in the Afternoon, at Two of Clock, in the
former appointed Place.
Serj. Wilde, &c.
Ordered, That the Business concerning Serjeant Wilde,
and Sir H. Herbert, be put off till To-morrow Morning
Nine of Clock: and both Parties are required to be here
at the same time.
The humble Petition of the Merchants, Owners, of
Ships, Planters, and Adventurers to the several Plantations in the Parts of America, read; and the whole Petition, and every particular Clause of it, is referred to the
Committee for the Adventurers and Planters of Virginia
with the same Power, for this Petition, the Committee
formerly had: And they are to meet To-morrow in the
Afternoon at Two of Clock, in the Exchequer-court:
And Mr. St. Johns, Sir Jo. Clotworthy, Sir Tho. Barrington,
Sir A. Ingram, Mr. Glyn, Sir Edw. Deering, Mr. N. Fines,
Mr. Hollys, Sir Simonds D'Ewes, Sir Edm. Mountfort,
Mr. Martin, Sir Gilbert Gerrard, Sir Jo. Harrison, Mr.
Selden, Mr. Bodevile, Sir Edw. Bainton, are added to
And it is likewise Ordered, That the Petition of the
Traders to the Summer Islands, now with the Committee
for Trade, be referred to the same Committee; with the
like Power, for this also, it formerly had.
* * * *
Proceedings concerning Lord Ely.
Upon Mr. Pym's Report of the Cause of the Lord Viscount Ely, late Lord Chancellor of Ireland; it was, by
Resolved, upon the Question,
1. That the Decree, made by the Lord Lieutenant of
Ireland, against the Lord Viscount Ely, and the Proceedings thereupon, are illegal, and ought to be cancelled:
2. That the Assurances, made in pursuit of that Decree, were unduly procured, and ought to be vacated;
and that the Lands ought to be reconveyed, and reassured,
to the Lord Viscount Ely, free from all Incumbrances,
from the Time of the Decree:
3. That the Lord Viscount Ely ought to be restored to
the mesne Profits of his Lands; and to have Satisfaction
thereof, from the Sequestrators, or such others as have
received the Rents, by Colour of the Sequestration:
4. That the Statute of Four thousand Pounds, so entered into by the Lord Viscount Ely, ought to be vacated:
5. That the Lord Viscount Ely ought to have Repair
and Satisfaction, for the Damages he has sustained and
received by this Decree, from the Earl of Straford.
The House does likewise think it fit, that, when Reparations shall be demanded for the Lord Viscount Ely, the
Particular concerning his Secretary shall be mentioned;
and Reparations demanded for him likewise.
* * * *
Proceedings on Impeachments.
Mr. Selden, Mr. St. Johns, Mr. Maynard, Mr. Palmer,
Mr. Whittlock, Sir Tho. Widrington, Mr. Grymston, Mr.
Perd, Mr. Hide, Mr. Glyn, Mr. Vaughan, Mr. Rigby,
Mr. Whistler, Mr. Prideaux, Mr. Serjeant Ewers, Mr.
This Committee is to prepare some fit Way of representing to the Lords the Four Causes, reported by Mr.
Pym; viz. That of the Lord Montnorris, the Lord Dillon,
the Lord Viscount Ely, and the Earl of Kildare: And they
are to consider of some Way for a Commission to be
granted to the Earl of Kildare, for the Examining of
his Witnesses, and perfecting his Testimonies: And the
Committee appointed to prepare the Charge against the
Earl of Straford, is to make use of so much of these Reports, as shall conduce to that Charge: And they are to
meet on Monday in the Afternoon, at Two of Clock, in
Ordered, That Mr. Speaker leave the Chair, and that
the Committee of the whole House proceed in the Reading of the Bill of Subsidies.