Die Jovis, 16 Decembris, 1641.
Leave of Absence.
SIR Christopher Hatton hath Leave to go into the
Sir Robert Hatton also hath Leave to go into the
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.
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
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.
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
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
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.
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
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
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
Ordered, That the Committee for the Bill for Recusants do meet To-morrow at Eight Clock in the usual