Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Sabbati, 12 Feb. 1641.
RESOLVED, upon the Question, That Sir Wm. Killigrew, now in the Serjeant's Custody, as a Delinquent, by a former Order of this House, be forthwith bailed; upon good Security to appear de die in diem.
That a Committee be named . . . .
Ordered, That Mr. Tho. Wilson, an Orthodox Minister, shall be forthwith admitted, as Lecturer, to preach every Thursday, in Maidston in Kent; according to the Desires of the Jurats and others the Inhabitants of Maidston aforesaid; they undertaking, by their Petition, to give him an Allowance of Forty Pounds per Annum: And Mr. Barrell, Curate of the said Place, is hereby required to give way thereunto.
Resolved, upon the *, That a Bill shall be prepared, and brought in, upon the Substance of the Two Orders for taking away Innovations, and concerning Lecturers.
Mr. Serjeant Wilde, Mr. Browne, Mr. Whistler, Mr. Selden, are appointed to prepare this Bill; and to bring it in on Monday Morning.
Ordered, That on Tuesday Morning next, peremptorily, the Knights and Burgesses shall, respectively, bring in the Names of such Ministers whom they shall think fit to be employed for the Settling the Affairs of the Church: But first, that Day, Mr. Serjeant Wilde is to make Report of That Business from the Committee at Merchant Taylors Hall.
WHEREAS, upon the 12th of January last past, amongst other things in that Order, it is Ordered, by the Lords and Commons in Parliament, in these Words: "And, for the better Safeguard of the Tower, it is further Ordered, by both Houses of Parliament, That the Sheriffs of London and Midd' shall appoint and place a sufficient Guard about the Tower, both by Land and Water, under the Command of Serjeant Major General Skippon, Commander of the Guards of the Parliament; and that those Guards be careful to see the former Order observed:" Now, whereas the said Serjeant Major having, in his great Care and Faithfulness, given his Advice to the said Sheriffs, concerning what Guards he conceived to be fitting, and how the same Guards ought to have been ordered, by Water and Land, as he thought most advantageous for the said Service: Whereas also the said Serjeant Major hath given his further Advice and Order to divers other Persons, concerning the timely Discovery and Preventing of any thing that might have been attempted or done, contrary to the Intent of the said Order of both Houses of Parliament: And whereas the said Serjeant Major Skippon hath, according to the Trust reposed in him by the City of London, placed the Trained Bands of the said City at the further End of Tower-street, and in such other Places within and about the City, as he conceived to be most for the Safety of the City: All and every Particular of the which Premises, and whatsoever else in the same Kind, and to the same Ends, that he the said Serjeant Major hath advised or done or shall advise or do, according to the Order aforesaid, is hereby well approved of and fully warranted, by both Houses of Parliament; as being for the real good Service of his Majesty and the Commonwealth; as also for the Safety of the Parliament and City; and is, in all and every Part thereof, according to his Duty, the last Protestation, and the Laws of this Kingdom. And if any Person shall arrest or any other way trouble him for so doing, he doth break the Privilege of Parliament, violate the Liberty of the Subject, and is hereby declared an Enemy to the Commonwealth.
Resolved, upon the Question, and assented unto: And Ordered to be carried up to the Lords, when they are set, by Sir Philip Stapilton.
Commanders of Forts, &c.
Ordered, That the Knights and Burgesses, respectively, shall deliver unto Mr. Pierrepoint, who has the Chair at the Committee for the Militia, the Names of such Ports and Forts as are in their several Counties; and the Names of such as have the present Command of them.
Ordered, That the Lieutenant of the County of Cearmarthen shall be Lieutenant of the County of the Town of Caermarthen.
Ordered, That the Lord Lieutenant of the County of Pembroke shall. . Lord Lieutenant of the County of the Town of Haverford-west.
Arms on board a Ship.
Ordered, That the Master of the Ordnance be desired, from this House, to send an Officer of the Ordnance to the Isle of Wight, to view and try the Twelve hundred Musquets aboard the Hamborough Ship there; to the end that, if they be found serviceable, they may be bought up for the Service of the Kingdom, at reasonable Rates.
The humble Petition of the Master, Wardens, and Commonalty of the Mystery or Trade of the Silkthrowsters of London, was this Day read;
And the Petitioners called in:
And Mr. Speaker told them, "That the House is sensible of your Grievances; and will use their best Care to ease you of them, and to remove such Obstructions as hinder your Trade."
Ordered, That the Committee for Emanuell College do meet on Monday next, at Eight of Clock, in the Court of Wards.
Dausk's, &c. Petition.
The humble Petition of Ralph Dansk and other Seamen, was this Day read: And
It is Ordered, That it be referred to the Committee for the Navy, to examine the Matter of Fact; and to examine who was Captain of the King's Ship in whose Presence this Ship was pillaged, as is alledged in the Petition; and to consider how far this Captain was faulty in not protecting and succouring this Ship, as, by his Duty, he ought: And that if this Captain, upon Examination, shall appear to have been faulty, the Lord Admiral be moved, that he may be forthwith put out of his Charge.
That Sir H.Vane acquaint the French Ambassador with the Matter of this Fact.
The humble Petition of Wolley Leigh, of Thorpe in the County of Surrey, Esquire, concerning his arresting Mr. Winckfield, who was afterwards taken from the Officer by the Earl of Peterborough, pretending he was his Servant, was this Day read: And
It is Ordered, That this Petition of Mr. Wolley Leigh be carried up to the Lords, at a Message; and to desire the Lords, that Right may be done upon it: And Mr. Pym is to carry it up.
I. of Purbeck Militia.
Resolved, &c. That Sir Jo. Bankes, Lord Chief Justice of the Common Pleas, Constable of Corff Castle in the County of Dorsett, shall be nominated by this House, to have the Government of the Militia in the Isle of Purbeck.
Leave of Absence.
Sir Harbottle Grimston, and Mr. Harbottle Grimston, have Leave to go into the Country.
Lord Lieut. of Cambridge.
Resolved, That the Lord North, nominated to be Lord Lieutenant of the County of Cambridge, shall be likewise nominated Lord Lieutenant of the Isle of Ely.
"The Names of the Persons the House of Commons thinks fit to nominate and recommend unto his Majesty, to be intrusted with the Militia of the Kingdom; wherein they desire their Lordships Concurrence."
Resolved, That this shall be the Title to the Catalogue of the Names of such Persons as the House of Commons thinks fit to be trusted with the Militia of the Kingdom.
Resolved, That Sir Jo. Gayer, Sir Jacob Garrett, Knights and Aldermen, Tho. Atkin Alderman, Sir John Wollaston Knight and Alderman, John Warner Alderman, and John Towse Alderman, Serjeant Major General Skippon, or any Three or more of them; Ramulph Manwaring, William Gibbs, John Foulk, James Bunce, Francis Peek, Samuel Warner, James Russell, Nathan. Wright, Wm. Barkley, Alexander Normington, Stephen Estweeke, Owen Roe, Citizens of London, or any Six or more of them, shall be nominated by this House, to have the Government and Ordering of the Militia of the City of London.
The House being, informed that there were divers Inhabitants of the Town of Ipswich in the County of Suff', who desired to prefer a Petition to this House; they were called in.
And, after they had presented their Petition, they again withdrew.
Which being read;
They were again called in: And Mr. Speaker told them, "That the House finds in their Petition, an Expression of great Affection to the Publick, and of Respect to this House in particular: And, for the Particulars in the Petition, they will employ their Endeavours to give them the best Satisfaction they can."
They likewise brought in a Petition from the Seamen of the Coast of Suff', Norf', and Essex:The which Petition was likewise read.
And the Petitioners were again called in: And Mr. Speaker told them, "That the House hath considered the Quality of their Condition, how necessary they have always been to the Commonwealth; and they like well, and approve of, their Care and Respect to the Publick, and thank them for it; and will employ their Endeavours to give them all the Ease they can, in their Grievances."
Mr. Pierrepoint carried up the Names of such Persons as this House thought fit to be recommended unto his Majesty, to be trusted with the Militia of the Kingdom; and was appointed to desire their Lordships Concurrence herein.
The Gentry of the County of Warrick came in; and presented a Petition from that County and from the City of Coventry.
They likewise presented the Copy of a Petition to the Lords; of which they desired the Approbation of this House.
And then they withdrew.
And both the Petitions being read;
They were again called in: And Mr. Speaker told them, "That the House finds in your Petition a great Expression of Affection to the Publick, and of Respect to this House; for which they give you hearty Thanks: The Petition directed to the Lords, they very well approve of it: And for the Delivery of it, they leave it to your own Discretions."
A Message from the Lords, by Sir Ro. Rich and Mr. Page;
The Lords desire a Conference, by a Committee of both Houses, as speedily as may stand with the Conveniency of this House, concerning the Bill of Pluralities.
Answer returned by the same Messengers: That this House has considered their Lordships Message; and will send Answer by Messengers of their own.
Mr. Attorney's Impeachment.
Mr. Serjeant Wilde reported the Articles of Impeachment of Mr. Attorney.
A Message from the Lords, by Serjeant Ayloffe and Serjeant Whittfield;
The Lords have agreed upon the Number of Seven, to be in the Commission for the Irish Affairs; and desire this House would appoint a proportionable Number.
Resolved, upon * *, That this House doth agree to the Number of Fourteen, to be in the Commission for Irish Affairs.
Answer returned by the same Messengers: That this House has considered their Lordships Message; and have agreed to a Committee of a proportionable Number, according as is desired.
Charge against Mr. Attorney.
Resolved, upon the Question, That the Words "advise and contrive" shall be now put into the Charge of Mr. Attorney General.
Resolved, upon the Question, That this shall be the Charge to be sent up to the Lords against Mr. Attorney General: And that Mr. Serjeant Wilde shall carry up this Charge on Monday next to the Lords, so soon as they are set.
Mr. Pierrepoint brings Answer, That the Lords had agreed to the Names recommended by this House, for the Militia of the Kingdom, saving only Cheshire and Lancashire; for which they had taken time till Monday next.
Liberty to open Letter.
Mr. Serjeant Wilde has Liberty to open the Letter directed unto him and the Committee, from the Isle of Wight.
Ld. Kilpor's Puss,
Ordered, That Mr. Speaker shall grant a Warrant, under his Hand, for the Lord Kilpor, Son to the Karl of Airth, to pass out of the Kingdom, with * Servants; notwithstanding any Restraint that hath been formerly sent from this House to any of the Ports, not to suffer Strangers to pass, &c.
The Impeachment of Sir Edward Herbert Knight, his Majesty's Attorney-general, by the Commons assembled in Parliament.
THAT the said Sir Edward Herbert Knight, his Majesty's Attorney-general, sworn the Third Day of January in the Year of our Lord One thousand Six hundred Forty-one, contrary to his Oath and the Duty of his Place, did falsly, scandalously, and maliciously, advise, contrive, frame, and publish, certain false, scandalous, and malicious Articles of High Treason, against the Lord Kimbolton, One of the Members of the House of Peers, in Parliament, Dencell Hollis Esquire, Sir Arthur Asilrig, Baronet, John Pym, John Hampden, and Wm. Strode, Esquires, being then and yet Members of the House of Commons in Parliament: A Copy of which Articles, I am commanded, by the House of Commons, to deliver to your Lordships:
1. "That they have traiterously endeavoured to subvert the fundamental Laws and Government of the Kingdom of England; to deprive the King of his legal Power; and to place in Subjects an arbitrary and tyrannical Power over the Lives, Liberties, and Estates, of his Majesty's Liege People."
2. "That they have traiterously endeavoured, by many foul Aspersions upon his Majesty and his Government, to alienate the Affections of his People, and to make his Majesty odious unto them."
3. "That they have endeavoured to draw his Majesty's late Army to Disobedience to his Majesty's Commands; and to side with them in their traiterous Designs."
4. "That they have traiterously invited and encouraged a foreign Power to invade his Majesty's Kingdom of England."
5. "That they have traiterously endeavoured to subvert the Rights and very Being of Parliament."
6. "That, for the Completing of the traiterous Designs, they have endeavoured, as far as in them lay, by Force and Terror, to compel the Parliament to join with them in their traiterous Designs; and, to that End, have actually raised and countenanced Tumults against the King and Parliament."
7. "That they have traiterously conspired to levy, and actually have levied, War against the King."
And the said Sir Edward Herbert, the said Third Day of January, did falsly, unlawfully, and maliciously, exhibit the said Articles into the House of Peers, in Parliament; and caused the same to be entered into the Clerk's Book of the said House, intending and endeavouring thereby, falsly, unlawfully, and maliciously, to deprive the said Houses of their said several Members; and to take away their Lives, Estates, and good Names.
All which Doings of the said Attorney, and every of them, were, and are, high Breaches of the Privileges of Parliament, tending to Sedition, and to the utter Subversion of the Fundamental Rights and Being of Parliament, the Liberty of the Subject, and to the great Scandal and Dishonour of his Majesty and his Government; and were and are contrary to the Oath of the said Attorney General, and to the great Trust reposed in him by his Majesty; and contrary to the Laws of this Realm; and a great Derogation to his Majesty's Royal Crown and Dignity.
For which high Crimes and Misdemeanours the said Commons, saving to themselves the Liberty of exhibiting any further or other Impeachment or Accusation; against the said Sir Edward Herbert, do impeach him; and do pray, that he may be forthwith put to answer the Premises, in the Presence of the Commons.