Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Sabbati, 28 Nov. 1640.
1a vice lecta, AN Act, that the County Palatine of Durham shall have Knights, Citizens, and Burgesses, to serve in the Commons House of Parliament.
The humble Petition of Thomas Brewer Gentleman, close Prisoner in the King's 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.
The humble Petition of John Cosin, Dean of Peterborough, read; and referred to the Committee for Mr. Smart's Petition, together with other Papers.
The humble Petition of the Mayor, Aldermen, Burgesses, and other the Inhabitants of the Town and Borough of Bambury in the County of Oxon, read; and referred to the Committee for Religion.
* Viners, 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.
Petition from Ireland.
The humble Petition of his Majesty's Officers, and others the Merchants, belonging to his Highness Realm of Ireland, read; and referred to the Committee that was appointed to draw up the Articles against the Earl of Straford:
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.
Complaints from Ireland.
Mr. Whistler reports from the 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 their Judgments could not determine) to think of some Way how these Parties might have their Testimony taken; and the Truth might be known, and Justice done.
* * * *
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 inquired of, under apt Heads; and to present them to the Judgment of this House, to proceed accordingly.
Mr. Glinne reports from the Committee that is to make Inquiry after Papists,-1. For the Proclamation; the Committee have perused it, and find several Defects in it; and that the Issue and Effect of it is not to his Majesty's gracious Intention, and Expectation of this House.
In the Clause, the Proclamation commandeth all Popish Recusants, within Fifteen Days to depart the City, &c.; which is enlarged, with this Clause, "without special Licence had thereunto:" So that, if by any means they can obtain any Licence from his Majesty, (which the Committee thinks they cannot) or from the Lords of the Council, Bishop, or Lord Lieutenant, or Deputy Lieutenant, then they are not within that Clause:-
2. "To disarm all Recusants;"-That is, to Recusants convicted, restrained: So if any be armed, and not convicted, a Justice of Peace cannot disarm them.
3. They do find many Recusants have Letters of Grace, to protect them, their Persons, and Estates.
4. Where the Command is, for "Recusants to depart to their own Dwelling-house;"-of late Days, great Resort of Recusants to London and Westminster, and Places adjacent; so that they make their Home hereabouts; 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.
The particular Exceptions taken by this 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 King's-bench, and the Grand Jury there, in open Court, that one of these neighbouring Parishes had above Six thousand Recusants in it."
Sir Wm. Erle, Mr. Whistler, Mr. White, Mr. Palmer, Mr. Tho. Coke, Mr. Hill, Mr. Corbett, Mr. Perd, Mr. Bagshaw, Mr. Maynard, Mr. Hide, Mr. St. Johns; these are added to the former Committee for Inquiry after Recusants.
Impeachment of Earl of Straford.
Mr. Maynard, Mr. St. Johns, Mr. Hide, Mr. Whistler, Mr. Palmer, Mr. Glyn, Mr. Solicitor;
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 Witnesses, as shall be proposed by this House, in the Accusation of the Earl of Straford.
Members to take the 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 Sacrament To-morrow, delivering in a Ticket of his Name, and the Place for which he serves.
Sir Tho. Barrington and Mr. Perd are added to those that are to receive the Tickets; and Sir A. Ingram and Sir Wm. Masham, at their own requests, are excused.
State of the Army, &c.
Ordered, That the Committee, appointed to consider of the State of the King's Army, shall meet this Afternoon, at Two of 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 report to the House on Monday Morning next.
Ordered, That, in regard the Members of this House are, To-morrow, to receive the Holy Sacrament, all select Committees, that are appointed to sit this Afternoon, except that for the King's Army, shall not sit; but shall still be upon Continuance.