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 Mercurii, 6 Jan. 1640.
Information against Smyth.
AN Information was this Day deliver'd in, by a Member of this House, against one John Smyth Clerk, of Hive near Maidstone in Kent; attested by John Huckins and Robert Chipperfield, of the Parish of St. Giles', Cripplegate, Wire-drawers.
Ordered, That * Jervase, of the Parish of Cripplegate, Pewterer, be forthwith summoned, and required to appear here, to give Testimony in the said Cause.
Ordered, That Jo. Smyth Clerk, be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, to answer the said Information against him.
Upon Mr. Maynard's Report, it was
Resolved, upon the Question, That Mr. Valentine's Election, for One of the Burgesses of * in Cornewall, is good; and that he shall sit here, as a Member; and that his Election shall not be questioned during this Parliament.
Member not to sit.
Resolved, upon the Question, That Mr. Moyle shall not sit here, as a Member of this House, till his Election be decided.
Sitting of Members pending disputed Elections.
Resolved, upon the Question, That Mr. Tate and Mr. Knightly shall sit, as Members of this House, till their Election be avoided.
Resolved, upon the Question, That Mr. Fitzwilliams shall sit here, as a Member, till his Election be decided.
Resolved, upon the Question, That Sir Ro. Napier and Mr. Anth. Vane, chosen Burgesses for *, shall not sit by this Indenture, till their Election be decided.
Resolved, upon the Question, That Mr. Tho. May, elected One of the Burgesses for Midhurst in Sussex, shall sit as a Member of this House, till his Election be avoided.
Resolved, upon the Question, That Dr. Chaworth, elected One of the Burgesses for Midhurst, and returned by the Bailiff, the publick Officer of the said Town, shall sit as a Member of this House till his Election be avoided.
Resolved, upon the Question, That Mr. Cawley, returned One of the Burgesses for Midhurst, but not by the public Officer, shall not sit, as a Member of this House, till his Election be decided.
Resolved, upon the Question, That Mr. Herbet Price, returned as a Burgess for the Borough of Brecon, shall sit here, as a Member, till his Election be avoided.
Resolved, upon the Question, That Mr. Robert Williams shall not sit, as a Member of this House, for the said Borough of Brecon, till his Election be decided.
St. Gregorie's Church.
Ordered, That the whole Matter of St. Gregorie's by Paule's, as it has been this Day reported by Mr. Kirton, from that Committee, be referred to the same Committee; to prepare it, in such a Sort, as may be fit to be presented to the Lords, for the Relief of the Parishioners, and to offer it to the House: And they are to take into consideration the whole Debate, that has been this Day had, upon the Business: And Mr. Whistler and Mr. Martin are added to this Committee: And they are to meet To-morrow in the Afternoon, at Two of Clock, in the former appointed Place.
Serj. Wilde, &c.
Ordered, That the Business concerning Serjeant Wilde, and Sir H. Herbert, be put off till To-morrow Morning Nine of Clock: and both Parties are required to be here at the same time.
The humble Petition of the Merchants, Owners, of Ships, Planters, and Adventurers to the several Plantations in the Parts of America, read; and the whole Petition, and every particular Clause of it, is referred to the Committee for the Adventurers and Planters of Virginia with the same Power, for this Petition, the Committee formerly had: And they are to meet To-morrow in the Afternoon at Two of Clock, in the Exchequer-court: And Mr. St. Johns, Sir Jo. Clotworthy, Sir Tho. Barrington, Sir A. Ingram, Mr. Glyn, Sir Edw. Deering, Mr. N. Fines, Mr. Hollys, Sir Simonds D'Ewes, Sir Edm. Mountfort, Mr. Martin, Sir Gilbert Gerrard, Sir Jo. Harrison, Mr. Selden, Mr. Bodevile, Sir Edw. Bainton, are added to That Committee.
And it is likewise Ordered, That the Petition of the Traders to the Summer Islands, now with the Committee for Trade, be referred to the same Committee; with the like Power, for this also, it formerly had.
* * * *
Proceedings concerning Lord Ely.
Upon Mr. Pym's Report of the Cause of the Lord Viscount Ely, late Lord Chancellor of Ireland; it was, by the House,
Resolved, upon the Question,
1. That the Decree, made by the Lord Lieutenant of Ireland, against the Lord Viscount Ely, and the Proceedings thereupon, are illegal, and ought to be cancelled:
2. That the Assurances, made in pursuit of that Decree, were unduly procured, and ought to be vacated; and that the Lands ought to be reconveyed, and reassured, to the Lord Viscount Ely, free from all Incumbrances, from the Time of the Decree:
3. That the Lord Viscount Ely ought to be restored to the mesne Profits of his Lands; and to have Satisfaction thereof, from the Sequestrators, or such others as have received the Rents, by Colour of the Sequestration:
4. That the Statute of Four thousand Pounds, so entered into by the Lord Viscount Ely, ought to be vacated:
5. That the Lord Viscount Ely ought to have Repair and Satisfaction, for the Damages he has sustained and received by this Decree, from the Earl of Straford.
The House does likewise think it fit, that, when Reparations shall be demanded for the Lord Viscount Ely, the Particular concerning his Secretary shall be mentioned; and Reparations demanded for him likewise.
* * * *
Proceedings on Impeachments.
Mr. Selden, Mr. St. Johns, Mr. Maynard, Mr. Palmer, Mr. Whittlock, Sir Tho. Widrington, Mr. Grymston, Mr. Perd, Mr. Hide, Mr. Glyn, Mr. Vaughan, Mr. Rigby, Mr. Whistler, Mr. Prideaux, Mr. Serjeant Ewers, Mr. Lisle;
This Committee is to prepare some fit Way of representing to the Lords the Four Causes, reported by Mr. Pym; viz. That of the Lord Montnorris, the Lord Dillon, the Lord Viscount Ely, and the Earl of Kildare: And they are to consider of some Way for a Commission to be granted to the Earl of Kildare, for the Examining of his Witnesses, and perfecting his Testimonies: And the Committee appointed to prepare the Charge against the Earl of Straford, is to make use of so much of these Reports, as shall conduce to that Charge: And they are to meet on Monday in the Afternoon, at Two of Clock, in the Treasury-chamber.
Ordered, That Mr. Speaker leave the Chair, and that the Committee of the whole House proceed in the Reading of the Bill of Subsidies.