House of Commons Journal Volume 2: 16 January 1641

Pages 68-69

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, 16 Jan. 1640.


Petitions from Bedford, &c.

ORDERED, That the several Petitions delivered this Day from the Knights, Esquires, and Gentlemen of the County of Bedford, and the Petition this Day exhibited by Sir Lewis Dive, be referred to the Committee, formerly appointed for a former Petition exhibited by Sir Lewis Dive; to be considered of, when the Committees shall be resumed.

Deeds, &c. to be returned.

Ordered, That Samuel Rich Clerk shall have all his Evidences, Deeds, and other Writings, delivered unto him by Mr. Constantine, that has the Chair for that Business.

Wards, &c. Petition.

The Petition of John Ward, and Clement Wray, on the Behalf of themselves, and about Fourscore others, was read; and referred to . . . . the Bishop of Elye, for them to make the best Use of it they can, in the Preparing of his Charge: and the Committee is required to bring the Petition to the House on Monday come Sevennight.

Examinations concerning the E. of Straford.

Mr. Pimme went up to the Lords, with a Message to this Effect: To desire their Lordships, that those Examinations, which, at the Request of this House, were taken in the Case of the Earl of Straford, by the Lords deputed to that Purpose, may be delivered to the Committees of this House, appointed to draw up the Charge against the said Earl; that they may make use of them for the Enlarging of their Charge in Particularities of Evidence; according to the Clause of Reservation in the Conclusion of the said Charge; and likewise to make a Declaration, that, howsoever, by the Course of Parliaments, this House might proceed with the Charge in Generals, yet, to avoid all Scruples, and to bring the Business the sooner to a Conclusion, they do desire to proceed in this Way.

Commissioners for Subsidies.

The Names of the Commissioners for the Subsidies are forthwith to be sent to the Clerk of the Petty Bag; to prepare the Commissions with all the Diligence and Speed he can.

Proceedings concerning Foxley.

Mr. Rowse reports Mr. Foxley's Case: And, upon his Report, it was

Resolved, upon the Question, That the Warrant, made by Sir Jo. Lamb, and other Commissioners, for the Apprehending of Mr. Foxley, and seizing his Papers, is illegal and unjust.

Resolved, upon the Question, That the Warrant, under the Hands of the Lord Archbishop of Cant', the Lord Coventry, then Lord Keeper, the Lord Treasurer, Lord Privy Seal, Lord Cottington, and Secretary Windebank, for the Committing of Mr. Foxley, close Prisoner, is illegal.

Resolved, upon the Question, That Mr. Foxley ought to be freed from the Restraint he lies under by Colour of this Warrant.

Resolved, upon the Question, That Mr. Foxley ought to have Reparations.

Ordered, That this Business, concerning Mr. Foxley, be recommitted to the same Committee; to prepare it in a fit Way, for this House to transfer it to the Lords.

Prisoners in Serjeant's Custody.

Mr. Perd, Mr. Selden, Mr. Glyn, Mr. Grimston, Sir Tho. Widrington, Mr. Bagshaw, Mr. White;

This Committee, or any Three or Four of them, are to consider of the Causes of the Restraint of those that are in the Serjeant's Custody; and to consider, who are bailable; and to give Directions for their Bail: And the Serjeant is to attend the Committee at the same time, with the Names of those that are in his Custody, and the Orders upon which they were committed: And they are to meet this Afternoon, at Two of Clock, in the Court of Wards.

Answer from Lords.

Mr. Pimme brings Answer from the Lords, that their Lordships will take the Message from this House into serious Consideration; and send Answer by Messengers of their own.


Mr. Treasurer reports the Conference, by a Committee of both Houses, on the Twelfth of January:-

* * * *

Examinations concerning E. of Straford.

A Message from the Lords, by Mr. Attorney and Mr. Serjeant Glanvile;

Their Lordships have taken the Message of this House into serious Consideration; and have given Order, that the Examinations taken by the Lords deputed, concerning the Earl of Straford's Business, shall be delivered to the Committees of this House, at such Time, and in such Manner, as this House shall desire.-

Demands of the Scots.

Ordered, To take this Report, now made by Mr. Treasurer, concerning the Demands of the Scots, into Consideration, at Nine of Clock on Tuesday Morning.

Leave to visit Ratcliffe.

Mr. Rich. Herbert has License to go and speak with Sir Geo. Ratcliffe; but with this Restriction, that he speak of nothing unto him, but in the Presence of his Keeper.

Sir Ro. Pye has Leave to go and speak with him, upon the same Restriction.


Ordered, That the Committee last appointed for the King's Army, shall meet this Afternoon, at Two of Clock, to take into Consideration the Things formerly committed unto them; and to present certain Heads of their Resolutions upon them to the House: They are likewise to present unto the House some fit Way for a perfect Muster-roll to be made of the King's Army; and of some Course, that the Army may be settled in such a State, that it may be useful, and in a Posture of Defence; and of some Way of keeping the Army from disbanding, by giving them Credit in the Country, till Money can come down unto them.

Mr. Capell is added to this Committee.