Historical Collections
November 1640 (2 of 2)

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History of Parliament Trust

Publication

Author

Rushworth, John

Year published

1721

Pages

45-68

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'Historical Collections: November 1640 (2 of 2)', Historical Collections of Private Passages of State: Volume 4: 1640-42 (1721), pp. 45-68. URL: http://www.british-history.ac.uk/report.aspx?compid=76061 Date accessed: 22 October 2014.


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November 13. 1640.

Petitions of Norwich, Bedford, &c.

The Petitions of the City of Norwich, County of Bedford, and the County of Warwick, referred to the Committee of 24 appointed to draw up the Representation of the State of the Kingdom, complaining of Grievances in Church and State.

Richard Darley's Petition.

The humble Petition of Richard Darley, on the behalf of Henry Darley Esq; read.

Order for Henry Darley Pritoner to be sent for.

Ordered, That Henry Darley, Esq; now a Prisoner in the Castle at York, be sent for in Safe Custody, to come hither, to prosecute a Petition Exhibited here on his Behalf by his Brother; and to require the Keeper of the Castle at York, or his Deputy, to Certify hither the Cause of his Commitment, together with the Warrant. It is likewise Ordered, That the Petition be referred to the Committee for Courts of Justice, to be first considered of by them; and the Denial of the two Habeas Corpus moved for him, by the Judges of the King's-Bench, is specially referred to them likewise.

Mr. Baker Close Prisoner, sent for.

Mr. Baker, a Close Prisoner in the Fleet many Years, Ordered to be sent for hither in safe Custody by Warrant of this House, to attend the Committee for Courts of Justice, to prosecute his Petition there, and the Committee to present the Matter to the House.

Lord Mount Norris his Papers.

Ordered, That His Majesty be moved, That the Committee for preparing the Charge against the Lord Lieutenant, may either have the Letters or Copies of them, desired by the Lord Mountnorris, viz. one dated the 31. of July 1635; another the 25. of January 1635; another in April 1636, directed to the Lord Deputy of Ireland; Mr. Treasurer offered himself to move the King therein.

Further Power to the Committee concerning the Earl of Strafford.

Ordered, That the Committee for preparing the Charge against the Lord Lieutenant, being now sine die, meet this Afternoon at Four of the Clock in the Treasury Chamber. And the same Committee has Power to receive all such Petitions and Papers as may conduce to the Business; and have likewise Power to sent for Records, Papers, Parties, and Witnesses, or any other Thing that they shall think may conduce to the perfecting of that Charge.

Army.

The House proceeded to Consider of the Relief of the Army.

Grand Committee to raise Moneys.

Ordered, That the House be resolved into a Committee.

Mr. Solicitor called to the Chair.

Mr. Speaker reassumed the Chair again.

Relief of the Northern Counties by Act of Parliament.

Mr. Solicitor reported from the Committee, That the Opinion of the Committee was, That the Relief we have now in Consideration, should be raised by Act of Parliament for the manner of raising it.

A Certain Sum

That this Relief we have now in Consideration, shall be a certain Sum.

That this Certain Sum that we have resolved to take into Consideration shall be One hundred thousand Pounds.

Resolved to raise for the Army 100000 pounds.

All these Particulars were by Mr. Speaker put to the Question, and Resolved upon by the House without one dissenting Vote, and Ordered accordingly.

Certificate of the last Subsidy.

Ordered, That the King's Remembrancer, the Auditor of His Majesty's Receipt, and any others his Majesty's Officers respectively, whom it may concern, shall make a Certificate of the last Subsidy, as it was Assessed upon the several Counties, whereby this House may be informed of the Rates, as they were then paid in, and to certify the Returns of every County.

Addition to the Committee for Recusants.

  • Mr. George Fane,
  • Sir John Wray,
  • Mr. Cage,
  • Mr. Thomas Cooke,
  • Mr. Puresoy,
  • Mr. Rolles,

To be added to the Committee for Enquiry after Recusants, &c. and that this Committee have Power to Examine touching the Discharges of Priests, Jesuits, and other Recusants, that have been formerly committed.

Order for Assistance of the Messengers to Ireland.

Ordered, That a Warrant shall issue under Mr. Speaker's Hand to all Mayors, Justices of the Peace, Bayliffs, Sheriffs, Constables, and other His Majesty's Officers of this Kingdom, and the Kingdom of Ireland, requiring them to be Assistant to the Bearer or Bearers of the Warrant of this House, for the bringing in Safe Custody Sir George Ratcliff to this House, for the better and more Effectual Execution of his or their said Warrants.

Order to the Post-Masters to that Purpose.

And that the like Warrant shall Issue forth, directed to the Post-Masters of this Kingdom, requiring them to furnish him with so many Post-Horses and a Guide, as shall be requisite for the effectual Execution of his said Warrant.

It is likewise Ordered, That the like Warrant shall Issue to all Mayors Constables, Port-Reeves, or any others His Majesty's Officers whom it may concern, in any of His Majesty's Ports of England or Ireland, and to the Masters and Owners of Ships, in any of His Majesty's said Ports, re -quiring them to give them the best furtherance they can for their Speedy and Safe Passage into Ireland, and back again.

Sir Thomas Roe Reports what passed at the Conference with the Lords concerning the Treaty with the Scots: viz.

Relation of the Proceedings in the Treaty with the Scots.

'That the Lord-Keeper spake first, and said, that His Majesty had commanded the Lords Commissioners of the Great Council at York, &c. to give an Account of their Treaties at York and Rippon to both Houses and of His Majesty's Gracious Intentions, in a Business so much importing the Honour and Safety of the Kingdom, that there might be a Faithful Relation with all Candor and Clearness; which was the Sum of His Majesty's Instructions.

'Then his Lordship declared, That the Lords, for the saving of time, had thought fit this Account should be given to a Committee of both Houses, which hath occasioned the meeting at this Conference. And Election being made of the Earl of Bristol, by the Lords Commissioners, to speak, he began his Narration directed to the Lords, and to the Knights, Citizens and Burgesses of the House of Commons, as follows:

That the Lords Commissioners intended not to look farther back into the Business, than the Acts of their own Employments.

They did intend to give no Account of the Pacification interrupted, nor War renewed; no Account how the Armies in England, Ireland, and by Sea, were designed, nor of any occasion: They purposed not to lay fault upon any Man, nor to enquire into the Cause why the Scots (as they pretended from Necessity) were drawn to enter this Kingdom; Nor why the King's Army, when Service was to be done, was on of the way; But that those through whose Hands these have passed, might hereafter give their own Account.

His Lordship told us, That His Majesty was pleased to call His Great Council at York, to whom be made two Propositions:

The first was, How his Army, which seemed to be in distress for want of Pay, should be relieved and maintained?

To this, to shew their Duties to the King, the Lords resolved to engage themselves, and to that Purpose, to send chosen Deputies to London, to Negotiate a Supply.

The Second Proposition was, That after the Scots had passed Northumberland, taken Newcastle, and possessed the Bishoprick of Duresm, they sent a Petition to His Majesty, which contained in general Terms a Desire to have their Grievances taken into Consideration.

Which Petition and Answer thereunto, was read unto us, and presented for our clearer understanding.

Upon receipt of His Majesty's Answer, the Scottish Lords sent His Majesty a second Petition, directed in a Letter to the Earl of Lanrick, in which they made their particular Demands, and declared, That according to His Majesty's Command, they would advance no further. And this Petition was also read, and delivered unto us, of which his Lordship desired that great Assembly to take especial notice, for that much of the future Discourse would depend upon it.

The Business thus stated at the Great Council; the Second Proposition was, What Answer should be made to that Petitionary Letter, and in what manner it should be carried? In which His Majesty required their Counsel.

Whereupon the Lords replied, That it was impossible for them to give any well-grounded Advice, unless the true State of his Affairs, and the Condition of his Army were laid before them.

Whereupon His Majesty commanded the Earl of Traquaire, to make the Narration of the Scottish Business, and their late Acts of Parliament; and the Lord Lieutenant General to give an Account in what Condition the Army stood; and what was answered by my Lord Lieutenant, was read in his own Words.

Besides this Declaration, the Earl of Bristol delivered upon a further Enquiry how the State of the Business then stood, That the Scots Army had passed Northumberland without Resistance; that they had disputed the Passage of the River Tyne at Newburn, where our Horse retired in disorder; that His Majesty's Foot Army, consisting of 12000 or 14000 Men in New Castle, likewise retired to York, whereby the Town of Newcastle, a place of great Consideration, was without one Stroke strucken, fallen into the Scots Hands, and the Bishoprick of Duresm brought under Contribution.

That in this State, the Gentry of the Bishoprick repaired to Mr. Treasurer, who carried them to His Majesty, from whom they were referred to my Lord Lieutenant of the Army, who gave them this Answer positively, That they could look for no Help nor Protection from the King, and therefore they might use the best means they could to preserve their Lives and Estates: Whereby those distressed Provinces, the Ancient Bulwarks of this Kingdom, full of Brave and Valiant Men, being now fallen into the Power of an Army, which of necessity must live, were forced to consent to a Contribution by Treaty, and a very heavy one, though such without which the Scottish Army could not subsist.

The Agreement was 350l. a Day for the Bishoprick of Durham, 300l. a Day for Northumberland, 200l. a Day for the Town of Newcastle, in all, 850l. a Day; which should it continue, would amount to 300,000l. for one year.

These Gentlemen much lamented their Estates, that the Scots should be irritated (as they call it) by being proclaimed Traytors.

His Lordship made a little Digression, and asked leave to speak Truth, in such Language, as the Scots had presented their State unto them, That having Proclamation made against them, being threatned with a great Army of Thirty or Forty Thousand Men; Another of Ten Thousand out of Ireland, and by Proclamation declared Traytors and Rebels; and having heard of another Army providing, of Eight or Ten Thousand by Shipping to hinder their Trade, at least their Commerce with England, that they were drawn together by necessity, as they pretended, of Defence; further alledging, that it was a common Discourse, of which they had seen Papers, that they should be reduced into a Province, which would be but one Summer's Work; therefore they having drawn their Power together, as any Nation would do, and being assembled, and their Country being poor, taking Advantage of the time; And that all those Armies that should oppose them were out of the Way, and those Unfortunate Provinces left like a List of Cloth, they were forced to enter into England: That thus they had lamented, and thus the State stood before the Lords, when it was examined in the Great Council.

Thus their Lordships found, that the Scots had increased their Confines near Fourscore Miles in England, and had passed the Rivers of Tweed and Tyne; and that the River of Tees, the Boundary of Yorkshire, (Durham being possessed) was not to be defended, being Fordable in many Places by Forty Horse a Front; that if the Scots should pass that River, there was no possibility to hinder them from coming to York, or to any Part of England, without bazarding a Battel, which my Lord Lieutenant had declared unto them he would not advise; for though the King's Army consisted of 17000, or 18000 good Bodies of Men, yet being untrained, and unused to Arms, be would be both to bazard such an Adventure upon them; but if they should advance to York be might make good that City. This being the Case, as it was presented, my Lords advised His Majesty, That they conceived the fittest Way was, that the Scots, and their Grievances, might be heard.

And whereas their Complaint had been, That their Petitions to His Majesty had been conveyed by Conduits of an evil Relish, that there might be chosen such Lords Commissioners, of whose Integrity they could not doubt.

Whereupon His Majesty was pleased to refer the Choice of the Commissioners to the Great Council, who made the Election with the Assent of His Majesty, to whom Power was given, under the Great Seal of England, to hear whatsoever the Scots would lay before them, and to enter into Treaty with them, and to give Conducts, and to do all Things preparatory to a Treaty.

The first Place of meeting was appointed at North-Allerton, but some Inconveniencies being found, it was by consent transferred to Rippon.

For the Inducement of this Meeting, a Letter of the Lord Lanricks to the Scots Commissioners was read, and given to us.

The Treaty thus settled, the Lords to be employed receiving Instructions from His Majesty by consent of the Great Council, it was agreed they should treat upon the whole Business propounded by the Scots, and left to their discretion to treat of a Cessation of Arms, as the ordinary Forerunner of all Treaties of Peace.

When their Lordships came to Rippon, the Cessation of Arms was the first proposed; but being entered upon it, the Scots Commissioners did let their Lordships know, that there was something necessary first to be done; That the Countries where they lay were become poor; That they could not think, as their Affairs stood, of returning home; That His Majesty had restrained them from passing further; so that a Treaty in this Exigent was worse than a War, unless means might be thought upon how they might subsist; And hereupon they did propound, That if it were expected that they made no further Progress, therein obeying His Majesty's Command (which nothing but invincible necessity should force them to transgress, by plundering the Countries), they must have maintenance for their Army.

This Motion seemed very strange to their Lordships, that it should be de manded to provide a maintenance for the Scots, when the King's own Army was in great Distress; yet the necessity seem'd to be such on both Sides, that the Lords appointed some of their Company to repair to the King at York, to acquaint His Majesty with the Scots Demands.

Upon Debate of the Business, though it were of hard digestion to His Majesty, the Lords, and the whole Kingdom, that they whose Ancestors had been called to advise upon the Ransom of Kings, should now come to consult how to maintain an Army got into our own Bowels; Therefore their Lordships would not proceed without the knowledge of His Majesty, and the Great Council: Where it was found necessary, not for maintaining the Scots Armies (for they might easily supply their own Wants by plundering, in which Course they might get a Million, whereas Five Thousand Pounds would serve but for two Months) but to preserve the Countries from utter Ruin, and the Scots from further advancing, to give to their Lordships Commission to Treat for a Competency of Maintenance during the Treaty.

The first Demand was Forty Thousand Pound; which by Treaty was reduced thus, That instead of giving them any Allowance, they should be left to their Proportion of that Contribution already agreed upon by the Counties, as less dishonourable than to assign them Maintenance.

This Point being thus settled, their Lordships proceeded to the Treaty of Cessation, and both were agreed and concluded; his Lordship proposing the Articles themselves to be read for more satisfaction.

His Lordship proceeded, That these Preparatives being settled at Rippon, 20 Miles from York and the time far spent, and the Parliament approaching, their Lordships resolved to be humble Suitors to His Majesty; That the General Treaty might be transferred to London, by consent of both Parties thereunto agreeing.

Here his Lordship proposed the reading of a Letter, whereby this Translation of the Treaty was moved, which was done, and delivered unto us.

To this Letter His Majesty made a Gracious Answer, and consented to transfer the Treaty to London, where some of the Scots Commissioners are already, and the rest within a Day or two expected.

Their Lordships having proceeded in the Treaty as far as they could go, repaired to York, and both Articles concluded were read in His Majesty's Presence, and that they declared, That they had in all Things punctually observed their Instructions. Whereupon His Majesty required them to give their Counsel, Whether be should ratify and sign these Articles, or not.

To which the Lords made Answer, That they had served His Majesty in Quality of Commissioners-Ambassadors, and had duly observed their Instructions; but now he being pleased to ask their Advice, they would be glad to serve him according to their Consciences, and therefore besought His Majesty for leave to retire themselves, and consult of the Business. To which His Majesty was graciously pleased to consent.

Upon Resolution, considering the great streight into which His Majesty's Affairs were reduced, they concluded to advise His Majesty to sign, and craved leave to present unto His Majesty a Declaration of their Reasons; which were accepted, and read in the Great Council.

And their Lordships held it necessary to be read again in that Great Assembly, as the rest of their Counsel.

These Reasons being read, His Majesty was pleased to ratify the Articles in express Words also read unto us.

His Lordship concluded this Narrative as the full Account of the Treaty, and Proceeding in it, to His Majesty's Ratification, and craved leave in the next Place to present the bard and woful Condition in which His Majesty's Affairs then stood in the North.

First, That by Consent a Contribution of 150l. a Day was agreed.

That there was already some doubt that the Countries were not able to bear it.

On the other side it was objected by the Scots, That it was impossible, if the Payment should fail, to keep their Promise, or to obey His Majesty; but that they should be necessitated against their Will to plunder the Country.

These Doubts considered, it was declared by my Lord Lieutenant, That the Counties of Cumberland and Westmorland being at pleasure under the Scots Power, it was reasonable that in Subsidium they should contribute some help to their Neighbours; but he declared since their Lordships coming away, the Commissioners left at Duresm, had written, That it was impossible for them to proceed in the Agreement, which if it were broken on their Part, the Scots would alledge an Impossibility to consent to starve so that if some Means were not found; by which those Counties engaged might be relieved, he was afraid all their Labour and Treaty would come to nothing: And this Letter was read and presented unto us.

His Lordship represented, That the Commissioners, and all the Lords, had engaged themselves faithfully, and truly, to declare to the Parliament the distress of the Counties.

He declared, That it was far from their Lordships Purpose to move any Supply of Money from the House of Commons, but to lay the Cause before them, and to leave it to their Wisdom; averring certainly, That if some Course were not taken, the whole Kingdom would be put into Disorder Armies would not starve; retiring was not yet (as be thought) in the Thoughts of the Scots; therefore they must plunder and destroy, or advance into yorkshire, and so farther into England, to seek Subsistance the prevention whereof did highly import the King and Kingdom.

His Lordship proposed another Thing no less worthy of Consideration to the whole Kingdom: viz. That if the Scots Army were provided of a Competency for the Ease of these Counties, it were very strange there should not an equal Care be had for maintaining the King's Army that stands before them; he said the Scots Army was strong and powerful, and little other Resistance against it, but the Impediments of an Army marching in Winter; but, whether it were fit for a Kingdom to be trusted to Accidents of Frosts, with a People bred in Swedeland, and Cold Countries, he left to their Discretion.

His Lordship confessed that the Scots had made great Protestations, and with great Execrations averred, That they had no Intent to advance forward, but return when they shall have received Satisfaction.

Yet their Lordships did not conceive that the Kingdom should rely upon Promises or Protestations.

Many Accidents might happen, when a Nation, come from a far Country to a better, should be told the Business they come about, was just, and their Quarrels good; who finding themselves in a fat Pasture, may pick Quarrels with their Leaders, if they should go about to prevent them of the Reward of their Vertue and Valour.

Upon these Grounds his Lordship presented to the General Consideration, the Supply of his Majesty's Army, that it be not disbanded; which if it should come to pass, Yorkshire, and other Parts of England, were left to the Scots discretion.

His Lordship said He durst not say the Scots would not come forward, but that it was in their Power if they would; and therefore he recommended this Representation to the whole Body of the Kingdom, to prevent future dangers.

He concluded with a Prayer to Almighty God to direct the Hearts of all the Kingdom, and to give a blessing only able to remove the great Distractions, so many, and so grievous, as under which, since the Conquest, this Kingdom never laboured.

There was presented at this Conference two Papers, the one being Instructions from Newcastle to Sir Thomas Hope, and others, concerning the Contribution; The other an Account of Arrears from the 11th of September to the 20th of November, which were all read unto us; nor do I know how, or to what use to employ them.

Approbation of Lords Commissioners appointed to Treat here with the Scots.

Upon this Report, It was resolved upon the Question, That this House doth approve of the Persons of those Lords that were Commissioners in the late Treaty at Rippon, to be Commissioners now to treat with the Scots Commissioners; with this Declaration, That no Conclusion of theirs shall bind the Commons, without their Consent in Parliament.

The House being in want of Moneys to pay the King's Army, and relieve the Northern Counties, which would require some Time before Moneys could be raised upon the Subsidies, Mr. Harrison, a Young Gentleman, and Member of the House, Son to Sir John Harrison of the Custom House, voluntarily offered the House to advance 50000l. upon the Security of some of those Members, who had voluntarily offered their Securities for the procuring 100000l. Whereupon it was Ordered, That a Note of their Names should be delivered to him, that he might out of the whole 100 Names make choice of 50 such, whose Security he would rest upon.

A Petition from the Parliament in Ireland was delivered by Mr. Bellew, and Mr. Castle, who were called in, and avowed the same in the House.

Novemb. 14.

November 14. being Saturday, the House did not Sit.

Novemb. 16.

November 16. being Monday, the Bishop of Lincoln was sent for to take his Place in the House of Lords, His Majesty having by a gracious Message signified that it should be so, without an Enquiry into, or Repetition of, what had formerly passed. For there being much Business to be done, His Majesty was willing there should be a full House.

Mr. Snelling of the County of Buckingham, who had been often brought before the Court of King's Bench, upon his Habeas Corpus, and still remanded to Prison, did this Day petition the Parliament for Relief.

This Day there was a Paper presented to the House by a Member, concerning Fortifications, and Ordnance mounted in the Tower, which had been so placed by the Lord Cottington, (one of His Majesty's Privy Council, and who had the Command of the Tower) when the King and his Army was in the North, and the Spanish Armada appeared in the Downs, to the great fear and dissatisfaction of the City; but whilst the Matter was in debate, it was declared by a Privy-Councellor, That the Lord Cottington had delivered up his Patent, and that the King had cancelled it, and that this Day the Soldiers should be dismissed; hereupon that Debate ceased.

A Docquet of a Patent was presented to the House, concerning the Hostmen of Newcastle, wherein Sir John Marley was a principal Man in managing that Affair, and of his promoting a new Imposition upon Coals.

It was this Day Resolved, That the Counties of Northumberland, Cumberland, and Durham, should be exempt from their Proportion of the Hundred Thousand Pound Tax.

Novemb. 17.

Tuesday, November 17. A Fast.

Novemb. 18.

Wednesday, November 18. It was Ordered, That no Member do Visit the Earl of Strafford without License.

The Commons this Day, by a Message to the Lords, desired the Lords to appoint a Committee of very few, who in the presence of some of this House might take such Depositions, and Examine such Witnesses as they should Name, upon such Interrogatories as shall be presented to them from this House concerning the Earl of Strafford, and that the Examination be made Private.

Then the House fell into debate concerning those Lords who presented to the King a Petition at York for the Calling of a Parliament; the Petition being read, the House passed a Vote to this Effect, That those Lords had done nothing but what was Legal, Just and Expedient for the good of the King and Kingdom, and is now approved by the whole Body of the Commons: and ordered the Petition to be entred verbatim in the Journal.

It was this Day Resolved, That Richard Kilvert, the great Manager of the Wine Project, should be sent for; and a Particular Bill was brought into the House to make him a remarkable Example to all Projectors and Monopolists.

Novemb. 18.

The Lord Andover, a Member of the House of Commons, was this Day, by Writ, called to the House of Lords; and a Writ ordered for a new Election of a Member in his stead.

Novemb. 19.

Upon Debate in the House concerning Matter of Attainders, a Committee was appointed to make search among the Records of former Attainders, the Commons having then in their Prospect, Proceeding against the Earl of Strafford.

There was read in the House a Petition of Traders in Salt, of whom there was still a demand made by the Projectors of the Salt Patent, for so much per weight of Salt, and particularly they complained of Thomas Horth of Yarmouth.

Novemb. 20. Horwood's Examination concerning Recusants.

Robert Horwood was called in, and being demanded many Questions by Mr. Speaker, in Answer unto them said, That having the King's Writ to seize the Lands and Goods of Recusants convict, being then Under-Sheriff for the County of Southampton, about two Years since he received a Letter under Mr. Secretary Windebank's Hand, to countermand the Power of that Writ. That he did forbear accordingly, but was afterwards complained of, and Committed to the Custody of Brooks a Messenger. It being alledged he had done something against Recusants, notwithstanding Mr. Secretary's Letter; and that while he was under Restraint, he entred into a Bond of 100l. to Henry Lord a Recusant; he said he was caused to enter into that Bond by Mr. Read, Mr. Secretary Windebank's Secretary. And said further, That one Leonard Dare offered him 30l. Composition, not to stir in this Business; and produced a Note under Dare's Hand.

This Day it was Ordered, That Thomas Horth of Yarmouth be forth-with sent for as a Delinquent, and required to bring the Patent for Salt, and all such Bonds as have been entred into for the Payment of the Tax imposed upon Salt.

Mr. Whistler of Grays-Inn Reported from the Committee for Irish Affairs, That their Grievances are set forth in a Remonstrance made by the Commons House of Parliament now sitting in Ireland, presented to the Lord Deputy Wandesford, wherein it appeared.

That Trading was destroyed, Unlawful Impositions imposed, Causes for Goods and Lands Arbitrarily determined by the Council Table, where no Writ of Error can Iye; That there is a Monopoly on the Salt Trade, and Tobacco, of more Gain to the Parties interessed therein, than the King's whole Revenue in Ireland.

Upon debate thereof, It was Ordered, That Sir Paul Davyes Clerk of the Council in Ireland, do send with all speed a Transcript of such Proceedings at Council Board, as have been since the Time that the Earl of Strafford was first Deputy of Ireland, which do concern the particular Estates, Property and Possession of the Subjects, and particularly that the Warrants to lay Taxes upon Tobacco be transmitted.

None to fit in the House, but such as receive the Communion.

Sir Robert Harley Reports from the Committee for the Communion, That none should fit in that House after the Communion Day, but those that had first received the Sacrament. And a Committee was appointed to go to the Lord Bishop Williams, Dean of Westminster, to desire that the Elements might be Consecrated upon a Communion Table standing in the Middle of the Church according to the Rubrick, and to have the Table removed from the Altar thither. The Dean replied, He would readily do it at their Request, and would do the like for any Parishioner in his Diocess.

This Day the House Ordered the Speaker should Sit in the Afternoon.

Novemb. 21 Clerk of the Market.

Saturday, Novemb. 21. The Bill concerning the Clerk of the Market to be read on Monday Morning, and a Catalogue of Bills to be brought hither, and presented to this House on Monday next.

Joseph Hawes Petition Referred to the Committee for Grievances, being against the Monopoly for Tobacco. Sir John Nulls. Sir John Jacob to withdraw.

The humble Petition of Joseph Hawes, read, and referred to the Committee for Grievances, and that all Extent upon Bonds by reason of the Matters set forth in the Petition, be stayed; and that the patent for the Monopoly of Tobacco be forthwith brought into this House; And that the Referrees, to whom the Legality of this Patent was referred, attend the said Committee at the same Time. Sir John Nulls is ordered likewise to attend the said Committee at the same Time.

The Business concerning Sir John Jacob, complained of by Mr. Trelawny a Member of this House, is referred to the Committee for Monopolists, and he to withdraw in the mean Time, and not to fit till his Cause be heard.

Dr. Cosins Delinquent.

Resolved upon the Question, That Doctor Cosins be forthwith sent for as a Delinquent, by the Serjeant at Arms attending on this House.

Articles by a Member against the Earl of Strafford; Vintners Petition.

The Articles offered by a Member of this House against the Earl of Strafford, are referred to the Committee that are to draw up the Charge against the said Earl.

The Petitions from many of the Vintners, and from the Merchant Adventurers, referred to the Committee for Grievances.

Sir Nicholas Crispe his Patents to be brought in.

It is Ordered, That Sir Nicholas Crispe attend the Committee for Grievances and that he bring forthwith to this House the Patent for the sole Trade to Guinney, and the sole Importing of Red-wood; and the Patent concerning Coperas Stones, and the Patent for the sole making and vending of Beads and Beaugles.

Ticket at the Communion.

The Members of this House are required when they come to receive the Communion to Morrow, to bring with them every Man a Ticket of his Name, and the Place for which he serves, to deliver it to one of the Committee appointed for that purpose.

Sir Hen. Spiller.

Sir Henry Spiller, a Justice of Peace, being accused for Releasing and Conniving at Popish Priests, 'tis ordered he should remain still in safe Custody, till he understand the further Pleasure of the House.

Committee to prepare Charge against Sir Hen. Spiller.

  • Mr. Grimston,
  • Mr. Whistler,
  • Mr. Perd,
  • Mr. Glyn,
  • Sir Tho. Barrington,
  • Mr. Trencher,
  • Mr. Green,
  • Mr. Bagshaw,

The Knights of Middlesex, and the Knights and Burgesses of Bucks.

This Committee is to prepare the Charge against Sir Henry Spiller, and have Power to send for Records, Parties, Witnesses, and Papers, and are to meet on Monday in the Afternoon at Two of the Clock in the Court of Wards.

Edw. Sharpe Prisoner to Prosecute, &c.

A Warrant is to be sent to the Keeper of Newgate, requiring him to bring in Safe Custody the Body of Edward Sharpe to the Committee for Sir Henry Spiller's Business, which sits on Monday in the Afternoon, and the said Sharpe is to have the Favour of this House in the same measure as Leighton has.

Edw. Sharpe.

The Petition of Edward Sharpe is referred to the same Committee, and so is the Petition of Edmund Felton Gent.

Grand committee.

By Order the House is resolved into a Committee, Mr. Sollicitor was called to the Chair.

Mr. Speaker reassumed the Chair.

To make known the Names of the Members for Security.

Mr. Sollicitor Reported from the Grand Committee, That they were of Opinion, That the Lord Mayor and Court of Aldermen should have knowledge of the Names, and of the Security offered by this House, that they may consider of it, and return their Answer on Monday next.

To enquire what Papists are Commanders in the King's Army.

Mr. Sollicitor further Reported, That the Committee was of Opinion, That a Committee should be appointed to consider of the State of the King's Army, and what Commanders or other inferior Officers are Papists; and to consider of the State of the Northern Counties, and the Payments issuing thence to the Scottish Army, and how the Money being raised may with conveniency and speed be sent into the North; and to see whether any of those Charges that lye upon the Army, may conveniently be spared, and to have Power to send for the List of the Army, and any Persons that may conduce to the Business. This was Voted in the House, and Resolved upon by Question; and thereupon

Committee to consider of the State of the King's Army.

  • Sir William Udall,
  • Sir Peter Hayman,
  • Sir John Hotham,
  • Mr. Hampden,
  • Sir Christopher Wray,
  • Mr. Kirton,
  • Collonel Ashburnbam,
  • Sir Ralph Hopton,
  • Sir John Merrick,
  • Captain Rainsborow,
  • Mr. Purefoy,
  • Mr. Capell,
  • Commissary Wilmot,
  • Mr. Noell,
  • Sir Walter Earl,
  • Sir Gilbert Gerrard,
  • Mr. Hollis,
  • Sir Robert Harley,
  • Sir Henry Bartley,

were named a Committee to consider, &c.

This Day Sir Edward Deering made the following Speech, at the Grand Committee for Religion.

Si Edward Deerings Speech, Nov. 21

Mr. Chairman,
You have many private Petitions, give me leave (by Word of Mouth) to interpose one more general, which thus you may receive.

God's true Religion is violently invaded by two seeming Enemies; but indeed they are (like Herod and Pilate) fast Friends for the Destruction of Truth: I mean the Papists for one Party, and our Prelating Faction for the other. Between these Two in their several Progress, I observe the concurrence of some few Parallels, fit (as I conceive) to be represented to this Committee, and the Honourable House.

First, With the Papists there is a severe Inquisition, and with us (as it is used) there is a bitter High Commission; both these (contra Fas & Jus) are Judges in their own Cases; yet herein their Inquisitors are better than our High Commissioners: They (for ought I ever heard) do not Savire in Suos, Punish for Delinquents and Offenders, such as Profess and Practice according to the Religion Established by the Laws of the Land where they live.

But with us, how many poor Distressed Ministers: Nay, how many Scores of them in a few Years past, have been Suspended, Degraded, Deprived, Excommunicated, not Guilty of the Breach of any of our establish'd Laws? The Petitions of many are here with us, more are coming; all their Prayers are in Heaven for Redress.

Secondly, With the Papists there is a mysterious Artifice, I mean their Index Expurgatorius; whereby they Clip the Tongues of such Witnesses, whose Evidence they do not like. To this I parallel our late Imprimaturs, Licenses for the Press; so handled, that Truth is suppress'd, and Popish Pamphlets fly abroad, Cum Privilegio; Witness the Audacious and Libelling Pamphlets against true Religion, Written by Pocklington, Heylin, Dow, Cosins, Shelford, Swan, Reeves, Yates, Hausted, Studly, Sparrow, Brown, Roberts —many more;— I name no Bishops, but I add, &c. Nay they are already grown so Bold in this new Trade, That the most Learned Labours of our Ancient and Best Divines, must be now Corrected and Defaced with a Deleatur, by the Supercilious Pen of my Lords young Chaplain, fit (perhaps) for the Technical Arts, but unfit to hold the Chair of Divinity.

But herein the Roman Index is better than our English Licensers; they thereby do preserve the current of their own establish'd Doctrine, a Point of Wisdom. But with us, our Innovators by this Artifice do alter our settled Doctrines; nay, they do subinduce Points repugnant and contrariant; and this I dare assume upon my self to prove.

One Parallel more I have, and that is this: Amongst the Papists, there is one acknowledged Supreme Pope; Supreme in Honour, Order, and in Power; from whose Judgment there is no Appeal, — I confess (Mr. Chairman) I cannot altogether match a Pope with a Pope (yet one of the Ancient Titles of our English Primate was Alterius Orbis Papa) but thus far I can go, Ex ore Suo, it is in Print, — he pleads fair for a Patriarchate: And for such an one, whose Judgment he (beforehand) prosesseth ought to be Final, and then I am sure it ought to be Unerring. Put these together, and you shall find that the final determination of a Patriarch, will want very little of a Pope, — and then we may say,


— Mutato Nomine de te Fabula Narratur. —

he pleads Popeship under the Name of a Patriarch; and I much fear left the End and Top of his Patriarchal Plea, may be as that of Cardinal Poole his Predecessor, who would have two Heads, one Caput Regale, another Caput Sacerdotale; a proud Parallel, to set up the Mitre as high as the Crown. But herein I shall be free and clear; if one there must be (be it a Pope, be it a Patriarch) this I resolve upon for my own Choice, procul a Jove, procul a Fulmine; I had rather serve one as far off as Tiber, than to have him come so near as the Thames: A Pope at Rome will do me less hurt than a Patriarch may do at Lambeth.

I have done, and for this third Parallel I submit it to the Wisdom and Consideration of this Grand Committee for Religion. In the mean time I do ground my Motion upon the former Two, and it is this in brief:

That you would please to select a Committee of a few, and to impower them for the Discovery of the Numbers of oppressed Ministers under the Bishops Tyranny for these Ten Years last past; we have the Complaints of some, but more are silent; some are patient and will not complain; others are fearful and dare not many are beyond Sea and cannot.

And in the Second Place, that the Sub-Committee may examine the Printers what Books by bad Licenses have been corruptly issued forth, and what good Books (like good Ministers) Silenc'd, Clipp'd, or Cropp'd.

The Work I conceive will not be difficult, but will quickly return into your Hands full of Weight.

And this is my Motion.

Dungennes Lights referr'd.

Monday, Novemb. 23. The Business concerning the Lights of Dungennes, and Wintertounesse, is referred to the Committee for Trade, and the Parties interested in those Lights, are to attend the said Committee.

Referrees for Grants of Monopolies to be enquir'd after.

By Order of this House, This Clause is to be added to the Committee for Monopolists, That the Referrees of all Patents and Grants of Monopolies, and such as have Advised, and Counselled the King touching them, be enquired of by this Committee.

All Grants of Monopolies to be brought in.

And that all Patents and Grants of Monopolies that have been complained of in this House, be forthwith brought into this House.

Calve-skins and Raw Hides referred to the Committee for Trade.

The Business concerning the Transporting of Raw Hides and Calve-skins is referred to the Committee for Trade; and it is Ordered, That those that have any Benefit by those Patents, or that License any by Authority of those Patents to Trade in the Commodities aforesaid, be required to attend the said Committee.

Grocers Petition.

The Grocers Petition was read, and referred to the Committee for Grievances; complaining of Projects upon their Commodities.

A Petition from Salters and Dyers was likewise referred to the same Committee, complainining of the like Grievances.

Committee for the Earl Marshal's Court.

  • Mr. Selden,
  • Mr. Hollis,
  • Mr. Hide,
  • Sir Henry Mildmay,
  • Sir Simon D' Ewes,
  • Lord Faulkland,
  • Mr. Chadwell,
  • Sir Tho. Bowyer,
  • Dr. Eden,
  • Dr. Parry,
  • Mr. Capel,
  • Mr. Sollicitor,
  • Sir Tho. Barrington
  • Sir Francis Seymour
  • Sir Edward Deering,
  • Mr. Pierpoint,
  • Mr. Henry Bellasis,
  • Mr. Palmer,
  • Sir Peter Hayman,
  • Mr. Broxam,
  • Sir John Culpeper,
  • Sir Philip Stapleton,
  • Mr. Maynard,
  • Sir William Udall,
  • Sir Ralph Hopton,
  • Mr. St. John,
  • Mr. Ragshaw,
  • Sir Guy Palmes,
  • Mr. Bisse,
  • Sir William Litton,
  • Mr.Whistler,
  • Sir Christopher Wray.

Power to the Committee for the Earl Marshal's Court.

This Committee is to receive all Petitions that are or shall be delivered concerning the High Constable, and Earl Marshal's Court, and to enquire after the Fees of the High Constable, and Earl Marshal's Court, and the Herald's Fees, and to consider of the Proceedings and Power of the High Constable and Earl Marshal's Court, and to report the State of the whole Matter to the House; and has Power to send for Writings, Books, Records, Papers, Officers, Parties and Witnesses, and to assign and hear Council; and are to meet on Wednesday in the Afternoon, at Two of the Clock, in the Star-Chamber.

Mr. Speaker delivered a Message from his Majesty to this Effect:

Message from the King concerning Mr. Haywood, employed to present to Lift of Papists, who was suddenly stabb'd.

That his Majesty takes notice of a foul and horrible Fact committed on Saturday last, in his own Palace, upon Mr. Haywood, while he was employed in the Service of the House of Commons, and doth recommend it to the Parliament to take course for a speedy and exemplary Punishment of it.

Committee to enquire of the Fact

  • Sir Thomas Widdrington,
  • Mr. Upton.
  • Mr. Wheeler,
  • Sir Arthur Ingram,
  • Mr. Glyn,

John James, who stabbed Haywood.

This Committee is to enquire after the Fact of John James committed upon Mr. Haywood; and has Power to search his Trunks, Boxes, or any other thing that may conduce to this Business.

Thanks to the King.

The Honourable Persons near the Chair are desired, in the Name of this House, to return humble Thanks to his Majesty for his Gracious Message, and the great Care therein express'd for the Safety and Preservation of this Assembly.

Recusants Names in Westminster.

The Petitions from the City of London concerning Recusants, and the Catalogue of Recusants Names delivered in from Mr. Haywood, are referred to the Committee for Enquiry after Papists, and delivered unto them. The Citizens of London, in their Petition, do offer to guard the Parliament, looking upon this Fact done upon Haywood to have a deeper Design upon the Parliament. Whereupon it was resolved upon the Question.

Consideration of a Guard.

That it is expedient for this House to accept of this Guard so kindly offered to this House for their Safety. But the Consideration of this Business concerning a Guard, is referred to a further Debate till to-morrow Morning.

Report.

That Mr. Pym do make a Report of the Charge against the Earl of Strafford to-morrow Morning at Nine of the Clock.

Committee for the Bill of 100000 l.

The Committee for preparing the Bill for the Grant of 100000l. now sine die, is to meet this Afternoon at Two of the Clock in the Exchequer Chamber, and no other Committee is to take up that place; and all that are of that Committee are to attend that Committee, and no other at that Time.

Contribution in the North to the Scots Army.

Ordered, That so many of the Committee that is appointed to consider of the State of the King's Army, (as the Committee shall think fit) shall have Power to treat with some of those Lords-Commissioners that are appointed to treat with the Scottish Commissioners concerning the Contributions in the Northern Parts.

Novemb. 24. Pin makers Petition complaining of the Project upon Pins.

Tuesday, Novemb. 24. Petition and Proclamation touching Pin-makers, referred to the Committee for Grievances, complaining of a Project upon Pins.

An Act for Reversal of a Decree made in Chancery and Star Chamber, between Sir Arnold Herbert, Knight, Plaintiff, and Lownes &al Defendants.

Sheriff.

That the Sheriff of Warwick be brought hither tomorrow Morning.

Sir John Holland declares himself free from Popery.

Sir John Holland desiring to clear himself from any Opinion that might reflect upon him of being a Papist, upon that Consideration that his Wife was, and continues a Papist; was, upon what he said and professed there, cleared by Question from any such Opinion, and the whole House rested very well satisfied with that Declaration he voluntarily made of his Affection and Constancy to the Protestant Religion.

Mr. Norton's Examination against Dr. Cosins.

One Mr. Norton, a Divine, was called in, and examined; and to divers Questions demanded of him by Mr. Speaker, answered,

That he had a Son at Cambridge; and certain Fellows of Peter-House endeavoured to seduce him to Popery, pretending that Dr. Cosins would make him a Fellow of Peter-House, if he would come thither. Thus much appeared upon Oath, and that he was forced to send for his Son away. He further said, He hath a Copy of the Arguments that passed between them and his Son. That the Questions in Peter-House Chapel are maintained and held as they are at Rome; and instanced several of the Questions. This referred to the Committee for Mr. Smart's Petition.

Report concerning the King's Army.

Sir John Hotham reports from the Committee for Enquiry after the State of the King's Army, &c. The Consideration whereof is to be the first Business to-morrow Morning at Nine of the Clock.

Keys brought up; Mr. Pym reports the Earl of Straffords Charge.

Upon Mr. Pym's Motion, the Outward Room was cleared, and the Keys of the Outward Door, and the House-Door, brought up to the Clerks Table. And then Mr. Pym reported from the Committee appointed to draw up the Charge against the Earl of Strafford: And the Title of the Charge, and every particular Article, and the Conclusion, and the Addition to the Conclusion, were distinctly read, and severally put to the Question, and every particular resolved upon by Vote of the House.

Mr. Peard explains concerning the word Regal.

Mr. Peard was by Vote cleared from any Imputation to be laid upon him, for any Expression or any Interpretation he made of the word Regal used in one of the Articles of the Charge against the Earl of Strafford.

Articles to be engrossed against the Earl of Strafford.

The Articles thus resolved upon by Question, were by another Question on ordered to be engrossed against to-morrow Morning, and no Copies to be delivered of them in the interim; and the same Committee that prepared the Charge, is to draw up the Interrogatories, and Mr. Pym is to go up to the Lords with the Charge.

New Canons.

Tuesday next is appointed for the Debate of the New Canons, and the Benevolence granted by the Clergy.

Ship-Money.

Friday Morning Nine of the Clock next, is appointed for the Debate concerning Ship-Money.

Novem. 25. Mr. Foxley's Petition referred to Dr. Leighton's Committee.

Wednesday, Novemb. 25. Mr. Foxley's Petition read, and referred to the Committee for Dr. Leighton's Petition, complaining of his long Imprisonment (being one of the Feossees for Impropriations) by the means of the Archbishop of Canterbury, &c. and is to have the like Favour and Privileges of this House, as Dr. Leighton, &c.

Report against Dr. Layfield, for setting the Communion Table Altarwise.

Mr. White reports from the Committee for Religion, That the Petition against Dr. Layfield, Vicar of Alhallows Barking, London, was examined by the Committee, and fully proved. He hath set the Communion-Table Altar-wise, caused Rails, and Ten Several Images upon those Rails, to be set at the Altar. He bowed three times at his going to the Rails, twice within the Rails, and once at the Table; and so in the Return. But since the Images were taken down, upon Complaint made by the Parish, be hath bowed but twice, and that is within the Rails, and at the Table, which is an Argument be bowed before to the Images. He hath caused I.H.S. to be set up in Golden Letters upon the Table, and 40 Places besides; said to the People,Heretofore we saw Christ by Faith, but now by our fleshly Eyes we see him in the Sacrament. When these Images were taken down, be charged them with Sacrilege. He refused to give the Sacrament to his people, unless they came to the Altar, though they have offered reverently kneeling to receive the same in the Body of the Church. He caused one Boulton to be excommunicated for not coming up to the Rails to receive, and refused to read his Absolution. He said be would not for 100l. come from the Rails to give the Sacrament; nay, be would rather lose his Living. That they are black Toads, spotted Toads, and venomous Toads, (like Jack Straw, and Wat Tyler) that spake against the Ceremonies of the Church, and that they were in the State of Damnation. He tells them they must confess their Sins, and be hath Power to absolve them. He is their Pastor, and they ought to do as be advised them; the Sin is his, and not theirs.

Dr. Layfield to be sent for, notwithstanding he be a Convocation Man.

The Committee were of Opinion, That though he were a Member of the Convocation House, yet should be sent for as a Delinquent.

Sir Henry Spiller favour'd a Minister, who denied the Sacrament to his Parishioner.

Mr. White did further report, That William Coltman, who was denied the Sacrament by Hugh Roberts his Curate, did indict him at the Sessions at Newgate, but Sir Henry Spiller would by no means suffer him; said be was a bold Fellow, and should be talked withal elsewhere.

The Witness further said, That the other Day meeting Sir Henry Spiller at the Door here, be said he was desirous he should have Justice done him; and had sent to my Lord Bishop of Canterbury and London, for they would not suffer him to proceed.

Report of St. Gregory's Church.

Mr. White further reports, That the Church of St. Gregories in London was an Ancient Church, 3000 Souls in that Parish, Woollen Drapers of good Quality, Four years since bestowed 1500 l. in the beautifying of the Church; shortly after, the Lord-Treasurer, and Lord Cottington, caused a great Part of it to be pulled down by Command from the King and Council, as they pretended; they petitioned the Lords of the Council, but could have no Redress.

Committee are of Opinion, That it is a great Grievance, done without Law, and against Law, to stop the People of Meeting in the Worship of God; That this be sent up to the Lords among others of our great Grievances, That it may be re-edified by those that caused it to be pulled down.

Dr. Layfield, a Delinquent.

Ordered, Dr. Layfield, Vicar of St. Alhallows Barking, to be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House, notwithstanding he is a Member of the Convocation House.

Ordered, The whole Business concerning Coltman's being denied Justice by Sir Henry Spiller at the Quarter-Sessions, be referred to that Committee that is to prepare the Charge against Sir Henry Spiller.

The pulling down of St. Gregory's church, referred to a Committee of 24.

Ordered, That the Business concerning the pulling down of the Parish Church of St. Gregory's by Paul's by vertue of an Order from Council-Board, be referred to the Committee of 24; and they are to report to this House their Opinions of the particular Business which this Day was presented to this House from the Grand Committee for Religion, as a great Grievance.

Committee for St. Gregory's Church.

  • Mr. Selden,
  • Mr. St. Jobns,
  • Mr. Perd,
  • Mr. Whistler,
  • Mr. Goodwyn,
  • Sir. Tho. Widdrington,
  • Mr. Crew,
  • Mr. Potts,
  • Mr. Hampden,
  • Mr. Glyn,
  • Mr. Kyrton,
  • Sir. Dudley North,
  • Mr. White,
  • Mr. Bagshaw.

The Power given to that Committee.

This Committee is to take into Consideration the Parishioners Complaint of the Parish of St. Gregory's by Paul 's, concerning the pulling down of their Church by force of an Order from the Council-board, and are to think of some way of Redress for them; and have Power to send for Inigo Jones, and any other Person as they shall think fit; and are to meet to morrow in the Afternoon, at Two of the Clock, in the Exchequer Chamber.

Conference about the Earl of Strafford's Articles.

That the Lord Digby be sent up with this Message to the Lords, That this House desires a Conference with their Lordships by a Committee of both Houses, concerning Articles to be exhibited against the Earl of Strafford.

(Rule.) Messengers to go out first.

Ordered, That when any Message is to go up to the Lords, none shall go out of the House before the Messenger.

Lord Digby's Report.

Lord Digby brings Answer, That their Lordships have considered the Message, and desire to meet a Committee of this House, with a Committee of theirs, presently in the painted Chamber.

Articles against the Earl of Strafford ingrossed, and agreed unto; Mr. Pym Leave to speak.

The Ingrossed Articles were again presently read in the House, and agreed to be sent up to the Lords by Mr. Pym, by Vote upon the Question.

Mr.Pym, before he went, made a short Declaration of the Substance of that he intended to deliver unto the Lords, both before, and after the Delivery of the Articles; of the Nature of the Charge, and of the Legal Prerogative of the King, and of the Course of ordinary proceeding in a Case of this Nature.

Mr. Pym's, Report of the Conference; Thanks to Mr. Pym.

Mr. Pym 's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford, That he attended the great Committee of this House, and in their Presence delivered to the Committee of the Lords House, the Charge against the Earl of Strafford, put into his Hands; and if any thing passed him through Weakness, or Disability, be desired the Excuse of this House. Whereupon it was moved, That Mr. Pym might have Thanks for his well Delivery of the Charge against the Earl of Strafford.

Mr. Harrison's generous Offer to lend 50000l. for Relief of the Northern Parts.

Upon Mr.Harrison's Offer of furnishing 50000l. upon Fifty of those Hundred Gentlemens several Securities that voluntarily offered their Securities for a Hundred Thousand Pounds; it was agreed, That he should have a Note of their Names delivered unto him, that he might of the whole Hundred make choice of Fifty, such whose Securities he would severally take for this Fifty Thousand Pounds, until the Act of Parliament be pass'd for Grant of the Hundred Thousand Pounds; and then these several Securities are to stand no longer, but he, or whom he shall appoint, are to be made Treasurers for 50000l. of that Money.

Knights of the Shire to attend.

Moved, That one of the Knights for every Shire do attend the Committee that is to prepare the Bill for the Grant of the Hundred Thousand Pounds.

Commanders to repair to the Army; Report of the Rare of Subcidy.

Mr. Treasurer to move my Lord General, That those Commanders of the King's Army, which are not Members of this House, may presently be sent down to the Army to keep the Soldiers in better Order.

Mr. Sollicitor reports from the Committee that is to prepare the Bill for the Hundred Thousand Pounds, That according to the Rate of the last Subsidy paid, That that Part that fell upon the Lords according to that Rate, should be deducted out of this Sum, before we come to Distribution of the several Shires to assess the Lords by themselves. The Question that ariseth in this Matter is, Whether the Proportion that now standeth on the Houshold, should stand according to the old Rate?

Old Rate.

This Committee, in framing this Bill, is to proceed according to the old Rate, as touching the King's Houshold; and the whole House did seem generally to be of Opinion, That in all other Particulars they should observe the old Way.

Novem. 26. (Rule.) No Privilege for Place, if after Prayers Some set Petition referred.

Thursday, November 26. That neither Book nor Glove may give any Man Title or Interest to any Place, if they themselves be not here at Prayers.

The Petition from the County of Somerset referred to the Committee of 24; complaining of Grievances in Church and State.

Clerk of the Market.

An Act concerning the Office of the Clerk of the Market, read the first time.

South Wales.

The Petition from the Inhabitants of the several Towns of Abergenny, Usk, and Newport in Wales, read, and referred to the Committee for Privileges.

Committee of Monopolists.

The Committee for Monopolists now sine die, to sit in the Afternoon on Saturday, at Two of the Clock, in the Court of Wards; and it was moved, that some Merchants might be added to that Committee.

In Devonsbire, Honiton to send Burgesses, and Asperton also; Resolution to be restored upon that Report.

Mr. Maynard reports from the Committee for Privileges, That it did appear to the Committee, that 21. Edw. I. the Town of Honiton did send Two Burgesses to Parliament; for it appears by a Writ at that Time, that they should send those to that Parliament. It also appear'd, that before 26 Edw. I. Asperton sent Burgesses to Parliament. It further appeared by current Proof, that these Towns being still Boroughs, did pay the Charge of Borough-Towns, Tenths, and not Fifteenths, as Marlow Magna did: And therefore it was the Opinion of the Committee, that these Towns ought to be restored: And upon Mr. Maynard's Report, it was resolved upon the Question, That the Two Towns of Honiton and Asperton, in the County of Devon, should be restored to their Ancient Rights and Privileges of sending Burgesses to Parliament; and that a Warrant issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown for new Writs accordingly.

John Hebourn his Petition to be amended and referred.

It was informed by a Member of this House, That John Hebourn, who had formerly petitioned this House, and whose Petition was referred to the Committee for Doctor Leighton's Petition, had since enlarged his Petition, and it was desired that it might be referred to the same Committee that formerly it was; and it was ordered accordingly.

Tewksbury Election.

The Election of the Town of Tewksbury was likewise reported from the Committee for Privileges; but by reason of some Difficulties that were not as yet sufficiently cleared to the House, it was by Resolution upon the Question recommitted to the Committee for Privileges.

Addition to the Committee for the King's Army.

Sir Hugh Cholmely, are added to the Committee for the Northern Army.
Sir John Strangewayes,
Sir Philip Stapleton,

And Mr. Harrison to chuse 50 Members, who have offered themselves to be Security.

Mr. Harrison and Fifty of those Gentlemen whose Names were now read, that voluntarily offered their Securities for 1000l. apiece, till the Act of Parliament for the Grant of 100,000l be pass'd, should be added to the Committee that is to consider of the State of the King's Army; and the preparing of those Bonds that are to be entred into by those Gentlemen, is referred to the same Committee; and they are to meet this Afternoon at Two of the Clock in the Exchequer-Chamber.

King's Army.

That on Saturday Morning at Nine of the Clock, the House take into Consideration the State of the King's Army.

New Canons.

The House began the Debate concerning the New Canons, and the Grant of the Benevolence; but the Day being far spent, and the Debate likely to continue long, it was ordered that it should be deferred till Monday Morning Nine of the Clock; and the Committee formerly appointed for that Purpose, are required to procure for the Service of this House the Licenses precedent and Subsequent, and such other Commissions and Warrants, as they shall think necessary for the clear debating of this Business.

Communion-day.

Sunday next is appointed for the Members of this House to receive the Communion at St. Margaret's Westminster, in the same manner as was ordered by the Committee formerly appointed for that purpose.

Novem. 27. Draining of Fens.

Friday, Novemb. 27. Sir Nicholas Slanning, a Member of this House delivered in a Petition concerning the draining of the Right Honourable the Earl of Lindsey his Fens; but because the House was then very thin, he was required to move the House in it when it was full.

Naturalization of James Bove; Act for the Tenants of Clitherow. Report by Mr. Glyn against Alderman Abel.

An Act for the Naturalizing of James Bove, read the first time.

An Act concerning his Majesty's Tenants of divers his Manors of Clithrow, That this Bill be read on Tuesday Morning next.

Mr. Glyn reports from the Grand Committee for Grievances, That Quarterman, and Two others, on the behalf of several other Vinters, did exhibit a Petition to this House against Alderman Abel, who having notice thereof, called a Hall, and summoned Quarterman, &c. who appeared: Then the Alderman told them, It was a sawcy Part in them to prefer a Petition to the Parliament. House, without acquainting the Company first. And thereupon caused an Oath to be read unto them, whereby they were enjoined not to complain elsewhere, till they had first complained in their own Hall. Rowland Wilson did say the same, though not so fully. They did likewise accuse one William Conrades, that he did not only chide them, but told James Masters he was a sawcy Knave for his Pains. The Opinion of the Committee is, That it is a very ill Example, and deserveth a high Punishment; and leaveth it to the House what they think fit to be done.

Alderman Abel & al Delinquents.

Upon this Report it was ordered, That Alderman Abel, Rowland Wilson, and William Conrades, be sent for hither forthwith, as Delinquents, by the Serjeant at Arms attending in this House, to answer such Matters as shall be objected against them.

Order, that the Vintner have Copies of Abel's Papers.

It was likewise ordered, That the Vintners who prosecute Alderman Abel, shall have Copies of such Orders and other Papers as they shall think fit, which are lock'd up in Alderman Abel's Trunk, which he hath brought hither, and of which he hath the Key, the better to perfect their Charge against him. It is likewise ordered, That Robert Quarterman, James Wason, William Bellamy, and Richard Kilvert, be summoned to attend this House as Witnesses, to give their Testimony when the House shall require, in the Case concerning Alderman Abel.

Report of Mr. Haywood's Case.

Sir Arthur Ingram 's Report from the Committee that was appointed to examine the Fact of John James committed upon Mr. Haywood, That in his Lodging they found a Trunk and Cabinet, and several Conveyances and Leases unto him; also Bonds and Bills of no great Value; a Purse with Gold in it (51.) also Seventeen Pounds in a Stockin; several Letters of no Note, save one, and subscribed by Toby Matthew, which was to counsel him from committing such Outrages as it seems be had then done. The Man of the House shewed us a Sword and a Dagger of his which struck up in the Chamber, saying there was that Day he did the Fact another Dagger, which it seems he took to do that Mischief he did that Day; he did it not in any Distemper, but of good Condition. The Party upon whom he committed the Fact, was one employed by the House, then in Service of the House, coming with a Book in his Hand to the Committee, of the Papists Names about Westminster. Therefore the Committee think fit, that a Bill be prepared against him in this House, that this Fact of his may be made Felony. After some Debate that arose from this Report, the House having appointed an important Business for this Day, this whole Matter with all the Circum stances were referred to the former Committee, and they were likewise to take into Consideration his Lunacy; and there were added to that Committee,

Committe concerning John James.

  • Mr. Maynard,
  • Mr. Hampden,
  • Mr. Palmer,
  • Mr. Bagshaw,
  • Sir Benjamin Rudyard
  • Mr. Strode
  • Mr. St. Johns
  • Mr. Whitehead.

And they are to meet on Monday in the Afternoon, at Two of the Clock, in the Court of Wards.

Sir William Uuedall, Receiver.

Sir William Uvedall is appointed to receive both the Money for the King's Army, and the Money for the Northern Counties; and he, and whom he shall appoint, are to go forthwith in hand with the telling of the Money, and to seal it up till the Committee has agreed the Conditions of the Bonds.

Committee to examine illegal Proceedings in the Exchequer.

  • Mr. Palmer,
  • Mr. St. Johns,
  • Mr. Selden,
  • Mr. Glyn,
  • Sir Walter Earle,
  • Mr. White,
  • Sir John Culpeper,
  • Mr. Rolles,
  • Mr. Sollicitor,
  • Sir Francis Seymor,
  • Mr. Peard
  • Sir Guy Palmes
  • Mr. Whistler
  • Mr. Hampden
  • Mr. Corbet
  • Mr. Maynard
  • Mr. Whitlock
  • Mr. Pym
  • Mr. Grimston
  • Sir John Evelyn.

This Committee is to take into Consideration the several Commissions, and the several Judgments and Decrees in the Exchequer Chamber, concerning either Illegal Taxes, or the Property of the Goods of the Subjects, and the Proceedings thereon: And also the Judgments, Resolutions and Proceedings in Parliament upon them; and to present the State of them to this House, that they may proceed upon them in such a way as shall be fit to present them to the Lords; and they are likewise to consider the Proceedings in Parliament upon the Petition of Right, and the Additions unto it; and they are to consider those Proceedings that were in the Exchequer since the Death of King James, upon the Statute of Tonnage and Poundage granted unto him for Life, and the Proceedings upon Replevins brought by those that had their Goods detained by Colour of that Statute: As also the Proceedings in Parliament concerning Doctor Manwaring, and have Power to send for any Papers, Records, Parties, Witnesses, or any thing that they shall think may conduce to this Business; and are to meet to-morrow in the Afternoon, at Two of the Clock, in the Exchequer Court.

A Message from the Lords by Justice Littleton, and Justice Berkly.

Message from the Lords for a Conference about the Earl of Strassord.

That the Lords desire a Conference by a Committee of 30 of their House, with a proportionable Number of this House, concerning the Message that was brought unto them by Mr. Pym, touching the Examination of their Members in the Accusation of the Earl of Strafford; and desire a free Conference touching the last Point of that Message, That some of the Members of this House should be present at the Examination; and they desire it this Morning in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer.

Answer returned by the same Messengers, That this House has taken into Consideration their Lordships Message, and will, in convenient time, return Answers by Messengers of their own.

Committee to peruse Precedents for a Conference.

  • Mr. St. John
  • Mr. Selden
  • Mr. John Culpepper
  • Mr. Grimston
  • Mr. Palmer
  • Mr. Pym
  • Sir Simon D'Ewes.

This Committee, or any Two of them, are appointed to view those Precedents cited by Mr. St. Johns, or any other that may conduce to that Business, and to present the State of them to the House to-morrow Morning; and are to meet this Afternoon, at Three of the Clock, in the Treasury- Chamber.

Novemb. 28. Tho. Brewer's Petition, a close Prisoner.

Saturday, Novemb. 28. The humble Petition of Thomas Brewer, Gent. close Prisoner in the Kings-Bench, read and referred to the Committee for Dr. Leighton's Petition, and he to have the same Favour and Privilege in all Points, as Dr. Leighton has: He was an Anabaptist.

Dr. Cosins's Petition.

The humble Petition of John Cosins, Dean of Peterborough, read and referred to the Committee for Mr. Smart's Petition, together with other Papers.

Bambury Petition.

The humble Petition of the Mayor, Aldermen, Burgesses, and other the Inhabitants of the Town and Borough of Banbury in the County of Oxon, read and referred to the Committee for Religion; Complaining of Innovations, &c.

Mr. Vivers avowed the Petition.

Mr. Vivers, that presented this Petition, was called in, and did acknowledge the Hand to the Petition to be his, and that he delivered it by Order and on the Behalf of the Town of Banbury.

Officers and Merchants in Ireland Petition.

The humble Petition of his Majesty's Officers, and others the Merchants belonging to his Highness's Realm of Ireland, read, and referred to the Committee that was appointed to draw up the Articles against the Earl of Strafford. This Petition, as it was affirmed by Mr. Burlemachi, Post-master of England, to Mr. Speaker, was sent inclosed in a Letter to him from Ireland: and this Mr. Speaker, at the Delivery of the Petition, declared to the House.

Report of Complaints out of Ireland.

Mr. Whistler Reports from the Committee for Irish Affairs, That there are many Petitions full of Matter of Complaints of the Proceedings in Ireland, and Suitors there for Justice. There are many Petitioners here whose Estates are so exhausted, that they are scarce able to bring Witnesses from Ireland hither. Many great Persons of Quality and Trust are in Ireland, material Witnesses to be examined, as the Master of the Rolls, the Lord Chancellor and others: These can hardly be spared to come hither to give their Testimony. The Committee desires the Advice of the House in this Particular, (which the Judgment of the Committee could not determine) to think of some Way how these Parties might have their Testimony taken, the Truth known, and Justice done.

Recommitted.

This whole Matter thus Reported from the Committee for Irish Affairs, is recommitted to the same Committee again to consider of it, and to draw those Things that are to be enquired of under apt Heads, and to present them to the Judgment of this House to proceed accordingly.

Reports concerning Recusants.

Mr. Glyn Reports from the Committee that is to make enquiry after Papists,

  • 1. That as for the Proclamation, the Committee have perused it, and find several defects in it; and that the issue and effect of it, is not according to His Majesty's Gracious Intention, and the Expectation of this House.
  • 2. In the Clause wherein the Proclamation commandeth all Popish Recusants within Fifteen Days to depart the City, &c. 'tis added, Without special License had thereunto: So that if by any means they can obtain any License from His Majesty (which the Committee thinks they cannot) or from the Lords of the Council, Bishop, or Lieutenant, or Deputy-Lieutenant, then they are not within that Clause.
  • 3. To disurm all Recusants; That is limited to Recusants Convict, and being so restrained, if any be Armed and not Convicted, a Justice of Peace cannot disarm them.
  • 4. They do find many Recusants have Letters of Grace to protect them, their Persons and Estates.
  • 5. Where the Command is for Recusants to depart to their own dwelling Houses, of late Days great Resort of Recusants are to London and Westminister, and Places adjacent; so that they make their Homes thereabouts, and by Law there is no urging of them from their Places hereabouts. This is that I am commanded by the Committee to report unto you.

Proclamation concerning Recusants.

The particular Exceptions taken by the Committee to the Proclamation and other Matters concerning Recusants, is recommitted to the same Committee to draw a Bill for that which is necessary for a Bill, and to draw a Petition for the rest, and to offer it to the Consideration of this House, to be after presented to the King; and they are to take into Consideration that which was said by a Member of this House, That he heard a Gentleman inform the Judges of the Kings-Bench, and the Grand Jury there in open Court, That one of their Neighbouring Parishes had above 6000 Recusants in it.

Commmittee.

  • Mr. Maynard
  • Mr. St. John
  • Mr. Hyde
  • Mr. Whistler
  • Mr. Palmer
  • Mr. Glyn
  • Mr. Sollicitor.

To prepare Heads for a Conference.

This Committee is to collect and offer to this House, Reasons for this House to make use of and insist upon, in maintenance of that Point of the Message of this House to the Lords, which desires the Presence of some of the Members of this House at the Examination of such we nesses, as shall be proposed by this House in the Accusation of the Earl of Strafford.

Sacrament.

Ordered, That if any one be chosen a Member of this House, and his Writ not yet returned, he may notwithstanding be admitted to the Sarament tomorrow, delivering in a Ticket of his Name, and the Place for which he serves.

The King's Army.

That the Committee appointed to consider of the State of the King's Army, shall meet this Afternoon at Two of the Clock in the Exchequer-Chamber, and has Power to name some convenient number of themselves to go and treat with the English Lords Commissioners concerning such Things as they in their Judgments shall think fit, and shall make their Report to the House on Monday Morning next.

Novemb. 30. Privilege of a Member.

Monday, November 30. Ordered, That Mr. Owen shall give answer to a Petition exhibited against him by one William Jenkins, Merchant complaining that Mr. Owen, a Member of this House, did privilege one John Poyer to his prejudice, the said Poyer notwithstanding his Claim of Privilege, be kept still in safe Custody till the House shall take further Order in it.

Mr. Wilson's Case reported, being sequestred for not reading the Book of Sports, &c.

Mr. Rowse Reports from the Committee for Mr. Wilson's Petition, That Mr. Wilson hath been sequestred Four Years from his Living worth 60l. per annum, only for not reading the Book of Recreations on the Lord's Day. It appeared to the Committee, that the Archbishop him self suspended him in March 1634. and that he was absolved in December 1638. In the mean Time, his Tythes were sequestred, and for the Years he hath attended the High Commission; Complaint was made there against him for not reading the Prayer of the last Addition commanded to be read by the Archbishop. He answered, He was not to read the Prayer that was Arbitrary, but that which was Enacted. He was fummoned to appear again at the Court day; a Pursuivant hath prosecuted him ever since.

Resolve.

Resolved upon the Question, That Mr. Wilson had just Reason of Complaint, and that there is just Cause for this House to relieve him.

Committee for Serjeant Hide and Mr. George.

  • Mr. Hollis
  • Mr. Strode
  • Sir Walter Earle
  • Sir William Massam
  • Sir Edward Ascough
  • Mr. Rowse
  • Sir Francis Seymor
  • Sir Hugh Cholmley
  • Sir William Litton
  • Sir Oliver Luke
  • Sir Thomas Roe
  • Sir John Hotham
  • Sir Peter Hayman
  • Sir Miles Fleetwood
  • Sir Edw. Hungerford
  • Sir Edw. Deering
  • Sir John Evelyn
  • Mr. Selden
  • Sir Nevil Poole
  • Mr. Kirton.
  • Sir Henry Anderson,

A Committee ordered to take into consideration the Petition exhibited here against Mr. Serjeant Hyde, and Mr. George, two Members of this House, to examine the State of the whole Business, and to report it to the House; and has Power to send for Parties, Witnesses, Papers and Records, or any other thing that may conduce to the business, and are to meet this Afternoon at Two of the Clock in the Exchequer-Court.

Wednesday Morning is appointed to hear and consider of the State of all those Delinquents that are now in the Serjeant's Custody.

Delinquents A Conference about examining of Witnesses in the Case of the Earl of Strafford.

That a Committee of Sixty be appointed to meet with the Committee of Thirty of the Lords, concerning a Message sent hither on Friday last from their Lordships, touching a Message sent formerly from this House to them by Mr. Pym, for the Examination of their Members in the Accusation of the Earl of Strafford, and touching a free Conference concerning the last Point of that Message, That some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford.

Petition from some Members of the Parliament in Ireland read; Mr. Bellew and Mr. Castle ayow the petition.

The Petition of several of the Knights, Citizens, and Burgesses of the Commons House of Parliament in Ireland, directed to the Honourable House of Commons in England. As also a Petition to the King, from the House of Commons in Ireland, both read.

The Two Gentlemen, Mr. Jo. Bellew, and Mr. Ol. Castle, who brought over those Petitions, were called in, and demanded by Mr. Speaker several Questions.

Mr. Pryn's Petition.

Mr. Pryn being brought up by a former Order, was called in, and the Petition which was exhibited here in his Behalf by one Brown his Servant, he desired he might have a Copy of, and Liberty either to enlarge the same, or to bring a new one on Wednesday Morning; which was granted.

Mr. Burton's Petition.

Mr. Burton was likewise called in, and had like time granted him till Wednesday Morning, either to alter a Petition formerly exhibited to this House, or to bring in a new one subscribed by his own Hand.

Sir William Uvedall to receive 50000l.

Ordered, That Sir William Uvedall, by Order of this House, shall receive the Sum of Fifty Thousand Pounds; that is to say, Twenty-five Thousand Pounds from the City of London, and Twenty-five Thousand Pounds from Mr. Harrison, and shall give his Acquittance to them respectively for those several Sums; and having received the Money, shall convey it to Rippon, and there dispose of it according to such Order and Direction as this House shall set down.

Sir William Bell sit, Sir William Lambton, &c to give Acquittances for the Northern Moneys.

And it is further Ordered, That for the Moneys allotted to the King's Army, he shall take such reasonable Fees as are allowed him by his Patent; and for the Moneys allotted to the Relief of the Northern Counties, he shall present a Bill for his Charges, or conveying of it, and have such Allowance as this House shall think fit; and for his Discharge of the Payment of those Moneys, he shall take the Acquittances of the English Commissioners there, Sir William Bellasis, Sir John Conyers, Sir William Lambton, and Mr. Gerrard Salvin, or any two of them.

Resolved upon the Question, That the Lord General be desired by a Message from this House, to remove all Commanders, and other Officers in the Army in the North which are Papists, or justly suspected to be Popish, and to put Protestant Commanders and Officers in their Places.

Commanders that are Papists in Garrison.

Resolved upon the Question, That some Honourable Person, a Member of this House, be desired to move His Majesty, That all Commanders and other Officers in any Town or Garrison, that are Papists, or justly suspected to be Popish, may be removed; and that Protestant Commanders and Officers may be put in their Places.

Reformadoes in the Army an unneccessary Charge.

Resolved upon the Question, That the Earl of Crauford's Troop, and those other Officers in the Army that go under the Name of Reformadoes, are an unnecessary Charge, and fit to be spared, and that my Lord General be moved by Message from this House therein.

To be paid to December the 8th.

Resolved, That those Companies, or other Officers that shall be thus Cashiered by the Lord General, shall be paid to the Eighth of December next.