Sabbati, 12 Feb. 1641.
RESOLVED, upon the Question, That Sir Wm.
Killigrew, now in the Serjeant's Custody, as a
Delinquent, by a former Order of this House, be forthwith bailed; upon good Security to appear de die in diem.
That a Committee be named . . . .
Ordered, That Mr. Tho. Wilson, an Orthodox Minister,
shall be forthwith admitted, as Lecturer, to preach every
Thursday, in Maidston in Kent; according to the Desires
of the Jurats and others the Inhabitants of Maidston
aforesaid; they undertaking, by their Petition, to give
him an Allowance of Forty Pounds per Annum: And
Mr. Barrell, Curate of the said Place, is hereby required
to give way thereunto.
Resolved, upon the *, That a Bill shall be prepared,
and brought in, upon the Substance of the Two Orders
for taking away Innovations, and concerning Lecturers.
Mr. Serjeant Wilde, Mr. Browne, Mr. Whistler, Mr.
Selden, are appointed to prepare this Bill; and to bring
it in on Monday Morning.
Ordered, That on Tuesday Morning next, peremptorily,
the Knights and Burgesses shall, respectively, bring in the
Names of such Ministers whom they shall think fit to
be employed for the Settling the Affairs of the Church:
But first, that Day, Mr. Serjeant Wilde is to make
Report of That Business from the Committee at Merchant Taylors Hall.
WHEREAS, upon the 12th of January last past,
amongst other things in that Order, it is Ordered, by the
Lords and Commons in Parliament, in these Words:
"And, for the better Safeguard of the Tower, it is
further Ordered, by both Houses of Parliament, That
the Sheriffs of London and Midd' shall appoint and place
a sufficient Guard about the Tower, both by Land and
Water, under the Command of Serjeant Major General
Skippon, Commander of the Guards of the Parliament;
and that those Guards be careful to see the former
Order observed:" Now, whereas the said Serjeant Major
having, in his great Care and Faithfulness, given his
Advice to the said Sheriffs, concerning what Guards he
conceived to be fitting, and how the same Guards ought
to have been ordered, by Water and Land, as he thought
most advantageous for the said Service: Whereas also
the said Serjeant Major hath given his further Advice
and Order to divers other Persons, concerning the timely
Discovery and Preventing of any thing that might have
been attempted or done, contrary to the Intent of the
said Order of both Houses of Parliament: And whereas
the said Serjeant Major Skippon hath, according to the
Trust reposed in him by the City of London, placed the
Trained Bands of the said City at the further End of
Tower-street, and in such other Places within and about
the City, as he conceived to be most for the Safety of
the City: All and every Particular of the which Premises, and whatsoever else in the same Kind, and to the
same Ends, that he the said Serjeant Major hath advised
or done or shall advise or do, according to the Order
aforesaid, is hereby well approved of and fully warranted,
by both Houses of Parliament; as being for the real
good Service of his Majesty and the Commonwealth;
as also for the Safety of the Parliament and City; and
is, in all and every Part thereof, according to his Duty,
the last Protestation, and the Laws of this Kingdom.
And if any Person shall arrest or any other way trouble
him for so doing, he doth break the Privilege of Parliament, violate the Liberty of the Subject, and is hereby
declared an Enemy to the Commonwealth.
Resolved, upon the Question, and assented unto: And
Ordered to be carried up to the Lords, when they are
set, by Sir Philip Stapilton.
of Forts, &c.
Ordered, That the Knights and Burgesses, respectively,
shall deliver unto Mr. Pierrepoint, who has the Chair at
the Committee for the Militia, the Names of such Ports
and Forts as are in their several Counties; and the Names
of such as have the present Command of them.
Ordered, That the Lieutenant of the County of Cearmarthen shall be Lieutenant of the County of the Town
Ordered, That the Lord Lieutenant of the County of
Pembroke shall. . Lord Lieutenant of the County of the
Town of Haverford-west.
board a Ship.
Ordered, That the Master of the Ordnance be desired,
from this House, to send an Officer of the Ordnance to the
Isle of Wight, to view and try the Twelve hundred Musquets aboard the Hamborough Ship there; to the end
that, if they be found serviceable, they may be bought
up for the Service of the Kingdom, at reasonable Rates.
The humble Petition of the Master, Wardens, and
Commonalty of the Mystery or Trade of the Silkthrowsters of London, was this Day read;
And the Petitioners called in:
And Mr. Speaker told them, "That the House is
sensible of your Grievances; and will use their best Care
to ease you of them, and to remove such Obstructions
as hinder your Trade."
Ordered, That the Committee for Emanuell College
do meet on Monday next, at Eight of Clock, in the
Court of Wards.
The humble Petition of Ralph Dansk and other Seamen, was this Day read: And
It is Ordered, That it be referred to the Committee for
the Navy, to examine the Matter of Fact; and to examine
who was Captain of the King's Ship in whose Presence
this Ship was pillaged, as is alledged in the Petition; and
to consider how far this Captain was faulty in not protecting and succouring this Ship, as, by his Duty, he
ought: And that if this Captain, upon Examination, shall
appear to have been faulty, the Lord Admiral be moved,
that he may be forthwith put out of his Charge.
That Sir H.Vane acquaint the French Ambassador
with the Matter of this Fact.
The humble Petition of Wolley Leigh, of Thorpe in
the County of Surrey, Esquire, concerning his arresting
Mr. Winckfield, who was afterwards taken from the
Officer by the Earl of Peterborough, pretending he was
his Servant, was this Day read: And
It is Ordered, That this Petition of Mr. Wolley Leigh
be carried up to the Lords, at a Message; and to desire
the Lords, that Right may be done upon it: And Mr.
Pym is to carry it up.
I. of Purbeck
Resolved, &c. That Sir Jo. Bankes, Lord Chief Justice
of the Common Pleas, Constable of Corff Castle in the
County of Dorsett, shall be nominated by this House,
to have the Government of the Militia in the Isle of
Sir Harbottle Grimston, and Mr. Harbottle Grimston,
have Leave to go into the Country.
Lord Lieut. of
Resolved, That the Lord North, nominated to be Lord
Lieutenant of the County of Cambridge, shall be likewise
nominated Lord Lieutenant of the Isle of Ely.
"The Names of the Persons the House of Commons
thinks fit to nominate and recommend unto his
Majesty, to be intrusted with the Militia of the
Kingdom; wherein they desire their Lordships
Resolved, That this shall be the Title to the Catalogue
of the Names of such Persons as the House of Commons
thinks fit to be trusted with the Militia of the Kingdom.
Resolved, That Sir Jo. Gayer, Sir Jacob Garrett,
Knights and Aldermen, Tho. Atkin Alderman, Sir John
Wollaston Knight and Alderman, John Warner Alderman, and John Towse Alderman, Serjeant Major General
Skippon, or any Three or more of them; Ramulph Manwaring, William Gibbs, John Foulk, James Bunce, Francis
Peek, Samuel Warner, James Russell, Nathan. Wright,
Wm. Barkley, Alexander Normington, Stephen Estweeke,
Owen Roe, Citizens of London, or any Six or more of
them, shall be nominated by this House, to have the
Government and Ordering of the Militia of the City
The House being, informed that there were divers
Inhabitants of the Town of Ipswich in the County of
Suff', who desired to prefer a Petition to this House;
they were called in.
And, after they had presented their Petition, they
Which being read;
They were again called in: And Mr. Speaker told them,
"That the House finds in their Petition, an Expression of
great Affection to the Publick, and of Respect to this
House in particular: And, for the Particulars in the
Petition, they will employ their Endeavours to give them
the best Satisfaction they can."
They likewise brought in a Petition from the Seamen
of the Coast of Suff', Norf', and Essex:The which
Petition was likewise read.
And the Petitioners were again called in: And Mr.
Speaker told them, "That the House hath considered
the Quality of their Condition, how necessary they have
always been to the Commonwealth; and they like well,
and approve of, their Care and Respect to the Publick,
and thank them for it; and will employ their Endeavours
to give them all the Ease they can, in their Grievances."
Mr. Pierrepoint carried up the Names of such Persons
as this House thought fit to be recommended unto his
Majesty, to be trusted with the Militia of the Kingdom;
and was appointed to desire their Lordships Concurrence
The Gentry of the County of Warrick came in; and
presented a Petition from that County and from the City
They likewise presented the Copy of a Petition to the
Lords; of which they desired the Approbation of this
And then they withdrew.
And both the Petitions being read;
They were again called in: And Mr. Speaker told
them, "That the House finds in your Petition a great
Expression of Affection to the Publick, and of Respect
to this House; for which they give you hearty Thanks:
The Petition directed to the Lords, they very well approve of it: And for the Delivery of it, they leave it to
your own Discretions."
A Message from the Lords, by Sir Ro. Rich and Mr.
The Lords desire a Conference, by a Committee of
both Houses, as speedily as may stand with the Conveniency of this House, concerning the Bill of Pluralities.
Answer returned by the same Messengers: That this
House has considered their Lordships Message; and will
send Answer by Messengers of their own.
Mr. Attorney's Impeachment.
Mr. Serjeant Wilde reported the Articles of Impeachment of Mr. Attorney.
A Message from the Lords, by Serjeant Ayloffe and
The Lords have agreed upon the Number of Seven,
to be in the Commission for the Irish Affairs; and desire
this House would appoint a proportionable Number.
Resolved, upon * *, That this House doth agree
to the Number of Fourteen, to be in the Commission for
Answer returned by the same Messengers: That this
House has considered their Lordships Message; and
have agreed to a Committee of a proportionable Number, according as is desired.
Resolved, upon the Question, That the Words "advise
and contrive" shall be now put into the Charge of Mr.
Resolved, upon the Question, That this shall be the
Charge to be sent up to the Lords against Mr. Attorney
General: And that Mr. Serjeant Wilde shall carry up
this Charge on Monday next to the Lords, so soon as
they are set.
Mr. Pierrepoint brings Answer, That the Lords had
agreed to the Names recommended by this House, for
the Militia of the Kingdom, saving only Cheshire and
Lancashire; for which they had taken time till Monday
Mr. Serjeant Wilde has Liberty to open the Letter
directed unto him and the Committee, from the Isle of
Ordered, That Mr. Speaker shall grant a Warrant,
under his Hand, for the Lord Kilpor, Son to the Karl
of Airth, to pass out of the Kingdom, with * Servants;
notwithstanding any Restraint that hath been formerly
sent from this House to any of the Ports, not to suffer
Strangers to pass, &c.
The Impeachment of Sir Edward Herbert Knight, his
Majesty's Attorney-general, by the Commons assembled in Parliament.
THAT the said Sir Edward Herbert Knight, his
Majesty's Attorney-general, sworn the Third Day of
January in the Year of our Lord One thousand Six
hundred Forty-one, contrary to his Oath and the
Duty of his Place, did falsly, scandalously, and maliciously, advise, contrive, frame, and publish, certain
false, scandalous, and malicious Articles of High Treason, against the Lord Kimbolton, One of the Members of the House of Peers, in Parliament, Dencell
Hollis Esquire, Sir Arthur Asilrig, Baronet, John Pym,
John Hampden, and Wm. Strode, Esquires, being
then and yet Members of the House of Commons in
Parliament: A Copy of which Articles, I am commanded,
by the House of Commons, to deliver to your Lordships:
1. "That they have traiterously endeavoured to subvert the fundamental Laws and Government of the Kingdom of England; to deprive the King of his legal Power;
and to place in Subjects an arbitrary and tyrannical Power
over the Lives, Liberties, and Estates, of his Majesty's
2. "That they have traiterously endeavoured, by
many foul Aspersions upon his Majesty and his Government, to alienate the Affections of his People, and to
make his Majesty odious unto them."
3. "That they have endeavoured to draw his Majesty's
late Army to Disobedience to his Majesty's Commands;
and to side with them in their traiterous Designs."
4. "That they have traiterously invited and encouraged
a foreign Power to invade his Majesty's Kingdom of
5. "That they have traiterously endeavoured to subvert
the Rights and very Being of Parliament."
6. "That, for the Completing of the traiterous Designs, they have endeavoured, as far as in them lay, by
Force and Terror, to compel the Parliament to join with
them in their traiterous Designs; and, to that End, have
actually raised and countenanced Tumults against the
King and Parliament."
7. "That they have traiterously conspired to levy,
and actually have levied, War against the King."
And the said Sir Edward Herbert, the said Third Day
of January, did falsly, unlawfully, and maliciously, exhibit the said Articles into the House of Peers, in Parliament; and caused the same to be entered into the
Clerk's Book of the said House, intending and endeavouring thereby, falsly, unlawfully, and maliciously, to
deprive the said Houses of their said several Members;
and to take away their Lives, Estates, and good Names.
All which Doings of the said Attorney, and every of
them, were, and are, high Breaches of the Privileges of Parliament, tending to Sedition, and to the utter Subversion
of the Fundamental Rights and Being of Parliament, the
Liberty of the Subject, and to the great Scandal and Dishonour of his Majesty and his Government; and were and
are contrary to the Oath of the said Attorney General,
and to the great Trust reposed in him by his Majesty;
and contrary to the Laws of this Realm; and a great
Derogation to his Majesty's Royal Crown and Dignity.
For which high Crimes and Misdemeanours the said
Commons, saving to themselves the Liberty of exhibiting
any further or other Impeachment or Accusation; against
the said Sir Edward Herbert, do impeach him; and do
pray, that he may be forthwith put to answer the Premises, in the Presence of the Commons.