House of Commons Journal Volume 2
16 December 1641

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1802

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'House of Commons Journal Volume 2: 16 December 1641', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 344-346. URL: http://www.british-history.ac.uk/report.aspx?compid=5796 Date accessed: 23 October 2014.


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Die Jovis, 16 Decembris, 1641.

PRAYERS.

Leave of Absence.

SIR Christopher Hatton hath Leave to go into the Country: And

Sir Robert Hatton also hath Leave to go into the Country.

Lowe's Petition.

Ordered, That the Petition of Edw. Lowe, this Day delivered in, and shall be read. To-morrow Morning.

Bailing a Person.

Ordered, That Mr. Roberts, now in the Serjeant's Custody, shall be at Liberty, upon his own Bond, to appear before this House, when he shall be thereunto required by Order of this House.

Pressing Soldiers, &c.

Ordered, That Sir Philip Stapleton do go to the Lords with this Message; To desire the Lords to hasten the Passing of the Bill, for Pressing of Soldiers: And the Declaration concerning Ireland.

Distressed Irish.

Mr. Rous, Mr. Martyn, Mr. Wheeler, and Sir Ed. Aiscough, are appointed to collect, of the Members of this House, such voluntary Contribution, as they shall please to give towards the Relief of those distressed Persons that are come out of Ireland into this Kingdom for Succour: And to set down the particular Sums received of every Member.

Propositions from Scotland.

Ordered, That Sir Philip Stapleton, at his going up with the Message concerning the Declaration about Ireland, shall desire a Conference, by a Committee of both Houses, concerning the Propositions made by the Scotts Commissioners, concerning the Affairs of Ireland.

Privilege-The King's noticing Proceedings.

Ordered, That the Sub-committee made by the select Committee, appointed to consider of the Breach of Pri vilege of Parliament, shall report to the House that which the Committee referred unto them.

Upon Mr. Pym's Reports from the Committee appointed to consider of the Breach of Privilege of Parliament, by reason of his Majesty's Speech to both Houses on Tuesday last; first, it was.

Resolved, upon the Question, That the Privileges of Parliament was broken, by his Majesty taking Notice of the Bill for pressing; being in Agitation in both Houses, and not agreed upon.

Resolved, upon the Question, That the Privilege of Parliament is broken, that his Majesty should propound a Limitation, and provisional Clause, to be added to the Bill, before it was presented to him by Consent of both Houses.

Resolved, upon the Question, That the Privilege of Parliament is broken, in that his Majesty did express his Displeasure against some Persons, for Matters moved or debated in Parliament during the Debate and Preparation of that Bill:

That a declaratory Protestation shall be entered in this House, of the Claim of these Privileges and Liberties; and that the Lords shall be moved, that the like declaratory Protestation be entered in the Journals of their House:

That a petitionary Remonstrance to his Majesty shall be prepared, declaring the Right of Parliament to these Privileges, and the Particulars wherein they have been broken; with an humble Desire, that the like may not be done hereafter; and that his Majesty will be pleased to discover the Parties by whose Misinformation, and evil Counsel, his Majesty was induced to this Breach of Privilege, that so they may receive condign Punishment for the same; and that it be desired, that his Majesty would take no Notice of any particular Man's Speeches or Carriage, concerning any Matter treated in Parliament.

A declaratory Protestation, and a petitionary Remonstrance to the Effects above mentioned, were presented the House, and read, in hæc verba:

WHEREAS his most excellent Majesty did, upon Tuesday last in full Parliament, in a Speech to both Houses, take Notice of a Bill for impressing Soldiers, being in Agitation in the said Houses, and not agreed upon; and did offer a Salvo Jure, or provisional Clause, to be added to the said Bill; and did at the same Time declare his Displeasure against some Person or Persons, which had moved some Doubt or Question concerning the same: The Lords and Commons do protest and declare, that his Majesty's Speech is contrary to the fundamental, ancient, and undoubted Liberty and Privilege of Parliament; and that it doth of Right belong unto them, amongst other Privileges of the High Court of Parliament, that the King ought not to take Notice of any Matter in Agitation or Debate, in either the Houses of Parliament, but by their Information or Agreement, and that his Majesty ought not to propound any Condition, Provision, or Limitation, to any Bill or Act, in Debate or Preparation, in either House of Parliament; or to manifest or declare his Consent or Dissent, Approbation or Dislike, of the same, before it be presented unto him by the Consent of both Houses; and that every particular Member, of either House, hath free Liberty of Speech to propound or debate any Matter according to the Order and Course of Parliament; and that his Majesty ought not to conceive Displeasure against any Man for such Opinions and Propositions as shall be delivered in such Debate; it belonging to the several Houses of Parliament respectively to judge and determine such Errors and Offences, in Words or Actions, as shall be committed by any of their Members, in handling or debating any Matters there depending. And, for the Preservation of the said Privileges for the Time to come, they do ordain or appoint, that this their Protestation and Declaration shall be entered in both Houses; and that an humble Remonstrance and Petition shall be framed and presented to his Majesty, in the Name of both Houses, declaring this their ancient and undoubted Right, humbly desiring his Majesty to observe and maintain the said Privileges; and that he will not take Notice of any particular Man's speeches or Carriage concerning any Matter in Treaty and Debate in Parliament, or conceive any Offence or Displeasure for the same; but that he will discover, declare, and make known, the Name or Names of the Person or Persons, by whose Misinformation and evil Counsel, he was induced to the Breach of the Privilege of Parliament afore mentioned.

Remonstrance, &c.

To the King's Most Excellent Majesty.

The humble Remonstrance and Petition of the Lords and Commons in Parliament.

Most gracious Sovereign,

YOUR Majesty's most humble and loyal Subjects the Lords and Commons in Parliament, do, with all Faithfulness and Zeal to your Majesty's Service, acknowledge your royal Favour and Protection to be a great Blessing and Security to them, for the Enjoying and Preserving of all those public and private Liberties and Privileges which belong unto them: And, whensoever those Liberties or Privileges shall be invaded or broken, they hold themselves bound, with Humility and Confidence, to trust to Your Princely Justice for Redress and Satisfaction. And, because their Rights and Privileges of Parliament are the Birthright and Inheritance, not only of themselves, but of the whole Kingdom, wherein every one of your Subjects is intitled (the Maintenance and Preservation whereof doth very highly conduce to the public Peace and Prosperity of Your Majesty, and all Your People) they conceive themselves more especially obliged, with all Tenderness and Care, yea, with all Earnestness and Constancy of Resolution and Endeavours, to maintain and detend the same.

Amongst other the Privileges of Parliament, they do, with all dutiful Reverence to Your most Excellent Majesty, declare, That it is their ancient and undoubted Right, that Your Majesty ought not to take Notice of any Matter in Agitation and Debate in either of the Houses of Parliament but by their Information or Agreement; and that Your Majesty ought not to propound any Condition, Provision, or Limitation, to any Bill or Act in Debate or Preparation in either House of Parliament, or to manifest or declare your Consent or Dissent, Approbation or Dislike of the same, before it be presented to Your Majesty in due Course of Parliament; and that every particular Member of either House hath free Liberty of Speech to propound or debate any Matter according to the Order and Course of Parliament; and that Your Majesty ought not to conceive Displeasure against any Man for such Opinions and Propositions as shall be in such Debate; it belonging to the several Houses of Parliament respectively to judge and determine such Errors and Offences, which, in Words, or Actions, shall be committed by any their Members in the Handling or Debating any Matters there depending. They do further declare, that all the Privileges above mentioned have been lately broken, to so great a Grievance of Your most humble and faithful Subjects, in that Speech which Your Majesty made in Parliament to both Houses upon Tuesday last the Fourteenth Day of this Instant Month of December, in that Your Majesty did therein take Notice of a Bill for Impressing of Soldiers; being in Agitation in the said Houses, and not agreed upon; and that Your Majesty did therein offer a Salvo Jure, or provisional Clause, to be added to that Bill, before it was presented to Your Majesty by the Consent of both Houses; and did, at the same Time declare your Displeasure against such Person or Persons, as had moved some Doubt or Question concerning the same Bill: All which they do affirm and declare to be against the ancient, lawful, and undoubted Privilege and Liberty of Parliament.

And further, they most humbly beseech Your Majesty, by Your Royal Power and Authority, to maintain and protect them in these, and other the Privileges of Your high Court of Parliament; that you will not, for the Time to come, break or interrupt the same; and that none of your loyal Subjects may suffer and sustain any Prejudice in Your Majesty's Favour, or good Opinion, for any Thing done or spoken in Parliament: And, for the Reparation of your loyal Subjects in this just Grievance and Complaint for the Breaches of their Privileges above mentioned, and Prevention of the like for the Time to come, that your Majesty will be pleased to declare, and make known the Name or Names of the Person or Persons by whose Misinformation and evil Counsel Your Majesty was induced to the same, that so he or they may receive condign Punishment, as shall appertain to Justice in that Behalf, And this they most humbly desire, as Your greatest and most faithful Council advise Your Majesty to perform, as that which will be not only a Comfort to themselves, but likewise a great Advantage to Your Majesty, by procuring and confirming such a Confidence and Unity betwixt Your Majesty and Your People, as may be a Foundation of Honour, Safety, and Happiness, to Your Person, and Your Throne, as they are bound always to pray for and endeavour.

Papists at Barwicke, &c.

Ordered, That Mr. Speaker do write his Letter to the Mayor of Barwicke, enjoining him to require such Papists and suspected Persons as reside in Barwicke, or make their constant Repair thither, forthwith to depart the Town; and such as shall refuse, to tender the Oaths of Supremacy and Allegiance unto them, and proceed against them according to Law; and to require him, that a Guard be kept at the several Gates of that Town, and that the Arms of that Place be in a Readiness.

And Mr. Speaker is likewise to write his Letters to the Mayor of Newcastle, and to the Mayor of Hull; requiring them to have a special Care in the Disarming of Recusants; and enjoined them to depart those Places; and such as shall refuse, to tender them the Oaths of Allegiance and Supremacy; and to proceed against them according to Law; and to have the Arms for those Towns in Readiness, and good Condition, for the Defence of those Places, especially, the Mayor of Hull to provide well for the Safety of the Magazine there: And Mr. Scowen, is ordered to draw these Letters, and present them to the House.

Ordered, That Sir Rob. Harley and Mr. Litleton, do repair to the Lord Keeper, and to desire him, from this House, to issue Commissions to the Mayors of Barwicke, Hull and Newcastle, enabling them to tender the Oaths of Supremacy to Papists, and suspected Persons.

Person sent for.

Resolved, upon the Question, That Sir James Douglas shall be sent for as a Delinquent, by the Serjeant at Arms attending on this House.

Defence of the Kingdom.

The humble Petition of the Knights and Gentlemen of the County of Hartford, on the Behalf of themselves, and divers others, was this Day read.

Ordered, That the same shall be taken into Consideration on Saturday next; and also, at the same Time, to debate such other Matters as shall be necessary for the Defence of the Kingdom, and of putting the Kingdom into a Posture of Defence: And Mr. Speaker is to put the House in mind of this Order.

Message to Lords.

Sir Philip Stapleton went up to the Lords with the Message this Day ordered: And brought this Answer; That the Lords would speedily take into Consideration the Bill for Pressing of Soldiers; and the Declaration concerning Ireland; and would give a present Meeting, concerning the Scotts Commissioners, in the Painted Chamber, as was desired.

Irish Affairs.

Resolved, upon the Question, That the Sum of Three thousand Pounds shall be imprested by the Lord Lieutenant of Ireland, for the Raising, Conducting, and Transporting into Ireland, One thousand Five hundred Foot, being the Lord Lieutenant's Regiment, and Keeping them there till the first Muster.

Ordered, That the Master of the Ordnance shall deliver unto the Lord Lieutenant of Ireland, such Quantities of Powder as shall be thought necessary for the present Expedition, to be sent into Munster in Ireland.

Moved, That the Committee bring in the List of the Army, as it was established in Ireland in Queen Elizabeth's Time, that the Difference may appear between the Proportion allowed to the Officers then, and that which is allowed to the Officers now.

Resolved, upon the Question, That this Debate of the Report now made from the Committee for Irish Affairs concerning the Forces to be sent into Ireland, shall be resumed To-morrow Morning peremptorily.

Declaration on Breach of Privileges.

A Message from the Lords, by Baron Henden and Justice Mallett;

The Lords have voted the Declaration, Petition, and Remonstrance, to be presented unto his Majesty, concerning the Privileges of Parliament; and have appointed Eighteen of their Lordships, and desire that a proportionable Committee of this House may be appointed, to attend his Majesty: And that his Majesty has appointed To-morrow, at Two of Clock, for the Committees to attend his Majesty.

Ordered, That the Committee of Twenty-four, formerly appointed to meet with a proportionable Committee of Lords, to consider of the Breach of the Privileges of Parliament, shall, with the Addition of these hereafter named, be the Committee appointed to attend his Majesty, with a Committee of a proportionable Number of the Lords:

Sir Hen. Vane senior, Mr. Lisle, Sir Ralph Hopion, Lord Crompton, Lord Buckhurst, Mr. Jones, Sir Edw. Patriche, Mr. Palmer, Sir Rich. Buller, Sir Sam. Ofeild, Sir Sym. D' Ewes, Mr. Cary, Sir Jo. Colpeper, Sir Rob. Harley, Sir Jo. Clatworthy.

Raising Forces in Ireland.

Ordered, That Sir Rob. Cooke do repair to the Lord Lieutenant of Ireland, and to desire him, for the Expediting of the Service of that Kingdom, to issue forth Commissions for the Raising of Two Regiments in Ulster and also to hasten all other Commissions for the Raising of Men for that Kingdom; and to take Notice of the Two Orders for the Impresting of Money for the Two Regiments.

Recusants.

Ordered, That the Committee for the Bill for Recusants do meet To-morrow at Eight Clock in the usual Place.