Appendix
Votes of July 6th 1641 on the cases of Hollis, Selden and Eliot

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History of Parliament Trust

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Author

John Rushworth

Year published

1721

Pages

55-57

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'Appendix: Votes of July 6th 1641 on the cases of Hollis, Selden and Eliot', Historical Collections of Private Passages of State: Volume 1: 1618-29 (1721), pp. 55-57. URL: http://www.british-history.ac.uk/report.aspx?compid=70161 Date accessed: 28 August 2014.


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Appendix: July 1641

Afterwards the Parliament which met the Third of November 1640, upon Report made by Master Recorder Glyn, of the State of the several and respective Cases of Mr. Hollis, Mr. Selden, and the Rest of the imprisoned Members of the Parliament in Tertio Caroli, touching their extraordinary Sufferings, for their constant Affections to the Liberties of the Kingdom, expressed in that Parliament; and upon Arguments made in the House thereupon, did, upon the 6th of July 1641, pass these ensuing Votes; which, in respect of the Reference they have to these last mentioned Proceedings, we have thought fit, though out of Order of Time, to insert, viz.

July 6, 1641.

  • 1. Resolved upon the Question, That the Issuing out of the Warrants from the Lords and others of the Privy Council, compelling Mr. Hollis, and the Rest of the Members of that Parliament, 3 Car. during the Parliament, to appear before them, is a Breach of the Priviledge of Parliament by those Privy Counsellors.
  • 2. Resolved, &c. That the Committing of Mr. Hollis, and the Rest, by the Lords, and others of the Privy Council, during the Parliament, is a Breach of the Priviledge of Parliament by those Lords, and others.
  • 3. Resolved, &c. That the Searching and Sealing of the Chamber, Study, and Papers of Mr. Hollis, Mr. Selden, and Sir John Eliot, being Members of this House, and during the Parliament, and Issuing of Warrants to that Purpose, was a Breach of the Priviledge of Parliament, and by those that executed the same.
  • 4. Resolved, &c. That the Exhibiting of an Information in the Court of Star-chamber, against Mr. Hollis and the Rest, for Matters done by them in Parliament, being Members of Parliament, and the same so appearing in the Information, is a Breach of the Priviledge of Parliament.
  • 5. Resolved, &c. That Sir Robert Heath, and Sir Humphry Davenport, Sir Hennage Finch, Mr. Hudson, and Sir Robert Berkley, that subscribed their Names to the Information, are guilty thereby of the Breach of Priviledge of Parliament.
  • 6. Resolved, &c. That there was Delay of Justice towards Mr. Hollis, and the Rest that appeared upon the Habeas Corpus, in that they were not bailed in Easter and Trinity Term, 5 Car.
  • 7. Resolved, &c. That Sir Nicholas Hide, then Chief Justice of the King's Bench, is guilty of this Delay.
  • 8. Resolved, &c. That Sir William Jones, being then one of the Justices of the Court of King's Bench, is guilty of this Delay.
  • 9. Resolved, &c. That Sir James Whitlock, Knight, then one of the Justices of the Court of King's Bench, is not guilty of this Delay.

Ordered, That the further Debate of this shall be taken into Consideration on to Morrow Morning.

    July 8, 1641.

  • 10. Resolved upon the Question, That Sir George Cook, Knight, then one of the Judges of the King's Bench, is not guilty of this Delay.
  • 11. That the Continuance of Mr. Hollis, and the Rest of the Members of Parliament, 3 Car. in Prison, by the then Judges of the King's Bench, for not putting in Sureties of the good Behaviour, was without just or legal Cause.
  • 12. That the Exhibiting of the Information against Mr Hollis, Sir John Eliot and Mr Valentine, in the King's Bench, being Members of Parliament, for Matters done in Parliament, was a Breach of the Priviledge of Parliament.
  • 13. That the over-ruling of the Plea, pleaded by Mr Hollis, Sir John Eliot, and Mr Valentine, upon the Information to the Jurisdiction of the Court, was against the Law, and Priviledge of Parliament.
  • 14. That the Judgment given upon a Nihil Dicit, against Mr Hollis, Sir John Eliot and Mr Valentine, and Fine thereupon imposed, and their several Imprisonments thereupon, was against the Law and Priviledge of Parliament
  • 15. That the several Proceedings against Mr Hollis, and the Rest, by committing them, and prosecuting them in the Star-chamber, and in the King's Bench, is a Grievance.
  • 16. That Mr Hollis, Mr Stroud, Mr Valentine, and Mr Long, and the Heirs and Executors of Sir John Eliot, Sir Miles Hubbard, and Sir Peter Heyman, respectively, ought to have reparation for their respective Damages and Sufferings, against the Lords and others of the Council, by whose Warrants they were apprehended and committed, and against the Council that put their Hands to the Information in the Star-chamber, and against the Judges of the King's Bench.
  • 17. That Mr Laurence Whitaker, being a Member of the Parliament, 3 Car. entring into the Chamber of Sir John Eliot, being likewise a Member of the Parliament, searching of his Trunks and Papers, and sealing of them, is guilty of the Breach of the Priviledge of Parliament, this being done before the Dissolution of Parliament.
  • 18. Resolved upon the Question, That Mr Laurence Whitaker being guilty of the Breach of the Priviledges as aforesaid, shall be sent forthwith to the Tower, there to remain a Prisoner during the Pleasure of the House.

Mr Whitaker was called down, and kneeling at the Bar, Mr Speaker pronounced this Sentence against him accordingly.

Mr Whitaker being at the Bar, did not deny, but that he did search and feal up the Chamber, and Trunk, and Study of Sir John Eliot, between the 2d and 10th of March, during which Time the Parliament was adjourned: But endeavoured to extenuate it, by the Confusion of the Times, at that Time; the Length of the Time since that Crime was committed, being thirteen Years; the Command that lay upon him, being commanded by the King and Twenty three Privy Counsellors.

Afterwards Mr. Recorder Glin made a further Report to the House of Commons, viz.

He likewise reported the State of the Case, concerning the Losses, Damages, Sufferings, and Imprisonments, sustained and undergone by Mr Vassel, for denying to pay Tonnage and Poundage, (not granted by Act of Parliament) in obedience to a Declaration and Vote of this House. The Warrant, which issued and was subscribed by twelve Privy Counsellors, to summon nine of the Members of the House of Commons, in the Parliament of Tertio Caroli, to appear before them during the Parliament, viz.) Mr William Stroud, Mr Benjamin Valentine, Mr Hollis, Sir John Eliot, Mr Selden, Sir Miles Hubbard, Sir Peter Heyman, Mr Walter Long, and Mr William Coriton, bearing date Tertio Martii, Quarto Caroli; and the Names of the twelve. Privy Counsellors that signed this Warrant were read. The Parliament being adjourned the 2d of March, to the 10th of March, and then dissolved.

The Warrants under the Hands of 16 Privy Counsellors, for committing Mr Hollis, Sir John Eliot, Mr Selden, Mr Valentine, and Mr Coriton, close Prisoners to the Tower, bearing date, Quarto Martii, Quarto Caroli during the Parliament, were read. And the Names of the Privy Counsellors that subscribed them, were read. The Warrants under the Hands of 22 Privy Counsellors, directed to William Boswel, Esq; to repair to the Lodgings of Denzil Hollis, Esq; and to Simon Digby, Esq; to repair to the Lodgings of Mr John Selden, and to Laurence Whitaker, Esq; to repair to the Lodgings of Sir John Eliot, requiring them to seal up the Trunks, Studies, and Cabinets, or any other Thing that had any Papers in them, of the said Mr Hollis, Mr Selden, and Sir John Eliot, were read, and likewise the Names of the Privy Counsellors that subscribed the said Warrants. A Warrant under the Hands of 13 Privy Counsellors, for the Commitment of Mr William Stroud close Prisoner to the King's Bench, bearing date 2 April 1628, was read, and the Names of the Privy Counsellors that subscribed it: The like Warrant was for the Commitment of Mr Walter Long close Prisoner to the Marshalsea.

The humble Memorial of the Losses, Damages, Sufferings, and Imprisonment sustained and undergone by Alderm. Richard Chambers, for denying to pay Tonnage and Poundage (not granted by Act of Parliament) in obedience to a Declaration, and Vote of this House, was this Day read.

Ordered, That it be referred to the Committee for the Members of Tertio Caroli, where Mr Recorder hath the Chair; and the Committee of the Navy joined as to this Business, to consider of the Memorial of the Losses, Damages, Sufferings and Imprisonments, sustained and undergone by Alderman Richard Chambers for his denying to betray the Liberty of the Subject, in paying the illegal Tax of Tonnage and Poundage, (not granted by Act of Parliament) and in obedience to a Declaration and Order of this House. And the Committee are to make Report on Monday Fortnight.

Resolved, &c. That Mr Hollis shall have the Sum of Five thousand Pounds for his Damages, Losses, Imprisonments, and Sufferings, sustained and undergone by him, for his Service done to the Common-wealth in the Parliament of Tertio Caroli.

Resolved, &c. That Mr John Selden shall have the Sum of Five thousand Pounds for his Damages, Losses, Imprisonments, and Sufferings, sustained and undergone by him, for his Service done to the Common-wealth in the Parliament of Tertio Caroli.

Resolved, &c. That the Sum of Five thousand Pounds be assigned for the Damages, Losses, Imprisonments and Sufferings sustained and undergone by Sir John Eliot, for his Service done to the Common-wealth in the Parliament of 3 Car to be disposed of in such Manner as this House shall appoint.

Resolved, &c. That the Sum of Two thousand Pounds, Part of Four thousand Pounds, paid into the late Court of Wards and Liveries, by the Heirs of Sir John Eliot, by reason of his Marriage with Sir Daniel Norton's Daughter, shall be repaid to Mr Eliot, out of the Arrears of Moneys, payable into the late Court of Wards and Liveries, before the Taking away of the said late Court.

Ordered, That it be referred to the Committee who brought in this Report, to examine the Decree made in the late Court of Wards and Liveries, concerning the Marriage of Sir John Eliot's Heir with Sir Daniel Norton's Daughter; and what Moneys was paid by reason of the said Decree, and by whom; and to report their Opinion thereupon to the House.

Ordered, That it be referred to the Committee of the Tower to examine after what Manner Sir John Eliot came to his Death, his Usage in the Tower, and to view the Rooms and Places where he was imprisoned, and where he died, and to report the same to the House.

Resolved, &c. That the Sum of Five thousand Pounds shall be paid unto the of Sir Peter Heyman, for the Damages, Losses, Sufferings, and Imprisonments, sustained and undergone by Sir Peter Heyman, for his Service done to the Common-wealth in the Parliament in Tertio Caroli.

Resolved, &c. That Mr Walter Long shall have the Sum of Five thousand Pounds paid unto him, for the Damages, Losses, Sufferings, and Imprisonment, sustained and undergone by him, for his Service done to the Common-wealth in the Parliament of Tertio Caroli.

Resolved, &c. That the Sum of Five thousand Pounds shall be assigned for the Damages, Losses, Sufferings, and Imprisonment, sustained and undergone by Mr Stroud (late a Member of this House) deceased, for Service done by him to the Common-wealth in the Parliament of Tertio Caroli.

Resolved, &c. That Mr Benjamin Valentine shall have the Sum of Five thousand Pounds paid unto him, for the Damages, Losses, Sufferings, and Imprisonments sustained and undergone by him for his Service done to the Common-wealth in the Parliament of Tertio Caroli.

Resolved, &c. That the Sum of Five hundred Pounds shall be bestowed and disposed of, for the Erecting a Monument to Sir Miles Hobert, a Member of the Parliament of Tertio Caroli, in Memory of his Sufferings for his Service to the Common-wealth in the Parliament of Tertio Caroli.

Resolved, &c. That Mr Samuel Vassel shall have the Sum of Ten thousand four hundred forty five Pounds twelve Shillings two Pence paid him for his Losses and Damages sustained, for denying to pay Tonage and Poundage, (not granted by Act of Parliament) in pursance and obedience to a Declaration and Vote of this House.

Resolved, &c. That this House doth declare, that they will, in due Time, take Mr Vassel into further Consideration for his Imprisonment and personal Sufferings.

Ordered, That it be re-committed to the Committee, who brought in this Report, to consider, How the several Sums of Money this Day ordered to be paid for Damages to the several Members, and others before named, for their Sufferings in the Service of the Common-wealth, may be raised.



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