House of Commons Journal Volume 2
15 January 1642

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1802

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'House of Commons Journal Volume 2: 15 January 1642', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 380-383. URL: http://british-history.ac.uk/report.aspx?compid=10538 Date accessed: 26 October 2014.


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Die Sabbati, 15 Januarii, 1641.

PRAYERS.

Member admitted.

RESOLVED, upon the-.

-Ordered, That Mr. Downes, who is returned a Burgess for the Town of Arundell in the County of Sussex, under the Common Seal of the Town, and by the Mayor of that Town, shall be presently sworn, and admitted as a Member into the House; until such time as the Election be determined.

Committee of Privileges.

The Question being put, for the Reviving of the Committee for Privileges;

It passed with the Negative.

Arundell Return to be amended.

Ordered, That the High Sheriff of the County of Sussex, who has returned Two Indentures for the Town of Arundell, shall be summoned to appear here at the Bar, to amend his Return.

Loan from Merchant Adventurers.

Mr. White reports the Ordinance for securing the Monies advanced by the Merchant Adventurers, in hæc Verba:

"The Lords and Commons in this present Parliament assembled, having a due Regard to the good Affections of the Governor, Assistants, and Fellowship of Merchants Adventurers of England, expressed in their present Advancing and Lending of Thirty thousand Pounds of lawful Money, and Forwardness to advance and lend the farther Sum of Twenty thousand Pounds more, of like Money, if their Affairs will admit the same, for the Service of this Commonwealth, in the Supply of the present Affairs in Ireland; which the said Lords and Commons do take in very good Part; and, being resolved to make a full and just Satisfaction for the same, do hereby declare, that the said Sum of Thirty thousand Pounds, and such Sum and Sums as they shall farther advance and lend, as aforesaid, shall be fully satisfied and repaid unto the said Company of Merchants Adventurers, into the Hands of their Treasurer for the Time being, with Interest, after the Rate of Eight Pounds per Cent. for a Year, out of such Monies as shall be next raised by Authority of Parliament."

Resolved, upon the Question, That it shall be thus ordered.

Scotch Articles.

Ordered, That Sir Philip Stapilton shall carry up the Scotch Articles to the Lords, so soon as they shall be set.

Ordnance at Foxehall.

Sir Hen. Mildmy acquaints the House, That the Marquis Hambleton was Yesterday informed, that this House had made an Order for Removal of a Thousand Muskets, and several Pieces of Ordnance, from Foxehall into the City of London, for more Safety, in these Times of Trouble: He saith, that he hath some Pieces of Ordnance there belonging unto him, which was given him by the King of Sweden; but, however, was willing that this House should remove them to London, or elsewhere, and to remain there, as the House shall think fit.

Lieut of the Tower.

The Reasons that Mr. Pym is to give at the Conference, for the Removing of Sir Jo. Byron from the Lieutenancy of the Tower:

That, in Regard of his Disobedience to the Parliament, he is a Man the Parliament cannot confide in; and the City cannot confide in him, in regard he is a Stranger to the City; and that thereby the Trade of the City is disturbed, and the Bullion will not come in as formerly it did: And to desire, that Sir Jo. Coniers may be put in, being a Man in whom the Parliament and City does confide, and whom the King has recommended to the Parliament.

Sir Wm. Litton is to go to the Lords, to desire a Conference concerning the Lieutenant of the Tower; and to acquaint them, That whereas Yesterday it was declared at a Conference, that some Troops of Horse were assembled together in a warlike Manner, to desire that a Committee of their House may examine such Witnesses, as a Committee of This shall produce, for Proof of that Business, in the Presence of some Members of this House.

Standing in Passage.

Ordered, That the Serjeant shall demand Twelve Pence of every Member that stands in the Passage, and takes not his Place, when he comes into the House.

Message to Lords.

Lord Falkland is to carry up the Order, Yesterday made here, concerning the Delivery of Arms for Ulster.

The Lord Falkland is likewise to desire the Lords to join with this House, to move his Majesty to expedite the Passing the Bill for adjourning, upon Occasion, into London.

Defence of the Kingdom.

Mr. Pierrepoint reports from the Committee appointed for putting the Kingdom into a Posture of Defence, That the Opinion of the Committee was (and so afterwards it was Resolved, upon the Question, That the Knights and Burgesses of the several Counties shall, by Two of Clock this Afternoon, deliver in to the Committee the Names of such noble Persons, as they think fit to be appointed Lords Lieutenants in the several Counties; and that those Gentlemen of this House, that have Estates in the Bishoprick of Durham, shall nominate such a one as they shall think fit, to be Lord Lieutenant in that County, unto the said Committee.

Conference, &c.

Sir Wm. Litton brings Answer, That, to the First Part of the Message, they will give a present Meeting, as is desired: As to the other Part, they have appointed a Committee of Twenty-seven, whereof Seven to be of the Quorum, to examine such Witnesses, as shall be produced, concerning the Forces at Windesore, in the Presence of some Members of this House.

Mr. Pym, Mr. Hollis, Mr. Walter Long, are appointed Managers of this Conference.

Mr. Pym, Mr. Glyn, Serj. Wilde, Sir Jo. Evelyn, Mr. Bassett, Sir Anth. Irby, are the Members in whose Presence those Witnesses, to be produced by this House in the Business of Windesore, are to be examined.

Answer from Lords.

Lord Falkland brings Answer, That, to the First Part of the Message concerning the Bill, for adjourning into London, the Lords do concur with the Desires of this House: And likewise concerning the Order for Delivering of Arms and Ammunition out of the Stores at the Tower of London, for the Service of Ulster.

Treaty with Scotland.

Lord Gray is appointed to go to the Lords, to desire a Conference, by a Committee of both Houses, concerning the Treaty with the Scotts Commissioners, for the Relief of Ireland.

States Ambassador.

Sir Rich. Cave acquaints the House, That, according to the Commands of the House, he had delivered Thanks to the States Ambassador, for his Affections expressed to the Service of this State: He answers, That he thinks himself much honoured, by the Acknowledgment of his Service from this House; and knows, that the Desires of this House will be, upon all Occasions, very acceptable to his Master the States.

Navy.

Ordered, That Sir H. Vane junior and Sir Rich. Cave, be added to the Committee Yesterday appointed, concerning setting forth Ships.

Payment to Nulles.

Ordered, That a Thousand Pounds shall be forthwith paid to Sir Jo. Nulles, by the Treasurers of the Pollmoney at London, being in full Payment of the Seven Thousand Pounds, advanced by the said Sir Jo. Nulles, by Order of this House, for the Service of the Queen Mother.

Loan for Ireland.

3a vice lecta est Billa, An Act for the Speedy Contribution and Loan, towards the Relief of his Majesty's distressed Subjects of the Kingdom of Ireland; and, upon the Question, passed.

Resolved, upon the Question, That the Word "Popish" shall be put into this Bill, in the third Line, between the Words "by" and "Rebels;" and the Word "the" struck out.

Message to Lords.

Mr. Hollis is appointed to carry up the Bill for a speedy Contribution, &c.

He is likewise to carry up the Ordinance for securing the Monies advanced by the Merchant Adventurers.

He is likewise to desire the Lords to continue their former Directions concerning Hull: And to acquaint his Majesty with them; and to move his Majesty, that he will be pleased to assent to the Desires of his Parliament herein.

He is likewise to desire the Lords to sit this Afternoon.

Cambell's Estate.

Ordered, That Alderman Penington and Mr. John Goodwyn do speak with the Executors of Sir James Cambell, and to desire them, from this House, that in the Disposing of the Estate which Sir James Cambell hath given for charitable Uses, that they will specially take into Consideration the Maintenance of the War in Ireland; which will be a most acceptable Service to the Commonwealth.

Distressed Irish.

Ordered, That Sir Wm. Brereton, Sir Jo. Clatworthy, Sir Walter Erle, Mr. Carew, Sir Samuel Roll, Sir Tho. Smith, and Mr. Moore, shall be added to the Committee appointed to collect the Monies of the Members of this House, for Relief of the distressed People, that are come out of Ireland, to take into Consideration, in what manner those Monies, so gathered, may be distributed for the Uses aforesaid: And the Members of this House, that have not yet given their voluntary Contribution, by reason of their Absence in the Country, are desired to hasten their Forwardness herein.

Privilege-Articles against the Five Members.

Serjeant Wilde reports the Conference had on Thursday Night last with the Lords, concerning Mr. Attorney's exhibiting Articles, in the Lords House, against Members of this House:

"That That Conference consisted of two Parts:"

"I. The Narrative Part; That these Articles exhibited by Mr. Attorney, and entered in the Lords House, was a Breach of Privilege of Parliament: And that, in due time this House would desire, that Justice may be done upon Mr. Attorney."

"The Second Part of the Conference was, to examine Mr. Attorney upon certain Questions; and to receive his Answer: And That is the Thing I am to report unto you."

"1. He being asked, whether he contrived, framed, or advised the said Articles, or any of them; if not, then whether he doth know, or have heard, who did frame, contrive, or advise the same or any of them; To this he answered, That he would deal clearly, freely, and ingenuously; and that he should say the same, which before he had delivered to the Lords, and should need no long time to answer this: For, that he had done none of these Three: That is, neither framed, advised, or contrived these Articles, or any of them; and would be content to die, if he did."

"2. Being demanded, whether he knew the Truth of these Articles, or any of them, of his own Knowledge, or had it by Information; To this he answered, He did know nothing, of his own Knowledge, of the Truth of This, or of any Part of it; nor have heard it by Information: All, that ever he hath heard concerning This, was from his Master."

" 3. Being asked, whether he will make good these Articles, when he shall be thereunto called in due Course of Law; To this he answered, He cannot do it, nor will not do it, otherwise than as his Master shall command him, and shall enable him; no more than he that never heard of them can do it."

"4. Being asked, from whom he received these Articles, and by whose Direction and Advice he did exhibit them; He answered, He did exhibit them by his Master's Command; and from His Hands he did receive them."

"5. Being asked, whether he had any Testimony or Proof of these Articles, before the Exhibiting of them; He gave this Answer; That he received the Commands of his Majesty; but whether he had any Proof then offered, or Intimation of Testimony to make good those Articles, he desired time to consider of it. He was pressed again to make Answer to This; but desired Time to consider of it; saying, there was a secret Trust between a Master and Servant; much more in this Case."

Ordered, That some Way be thought of, for charging Mr. Attorney, by this House, as criminous, for exhibiting those Articles in the Lords House against Members of this House, without any Information, or Proof, that appears; and that this House, and the Gentlemen charged by him, may have Reparations from him; and that he may put in Security, to stand to the Judgment of Parliament.

Conference.

Lord Gray brings Answer; That the Lords will give a present Meeting, as is desired.

Sir Philip Stapilton is to manage this Conference.

Privilege.

Resolved, upon the Question, That this Act of Mr. Attorney's, in this Impeachment against Members of this House, is illegal, and a high Crime.

Answer from Lords.

Mr. Hollys brings Answer, That the Lords will sit this Afternoon, at Three of Clock, as is desired; and that then they will take into Consideration the Message concerning Hull.

Scott's Trial.

The humble Petition of Peter Scott, One of the Constables of St. Martin's in the Fields, was this Day read: And

It is Ordered, That the Trial, which is this Day to be proceeded in at the Old Baylye, upon an Indictment of a Riot against Peter Scott, One of the Constables of St. Martin's in the Fields, be suspended for this time, till this House shall take farther Order herein: And that the farther Examination of this Business be referred to the Committee appointed to consider of the Riots in Southwarke.

Resolved, upon the Question, * * * *

Conference.

A Message from the Lords, by Mr. Page and Dr. Bennett;

The Lords desire, that the present Conference may be respited, till Three of Clock this Afternoon.

Persons sent for.

Resolved, upon the Question, That Col. Hill, and Rob. Bowles his Lieutenant, shall be forthwith sent for, as Delinquents, by the Serjeant at Arms attending on this House, for beating up Drums, and Raising of Men, contrary to the Ordinance of Parliament: And that all Constables, and other Officers, be assisting to the Serjeant in the Execution of this Warrant.

Levying Men.

Ordered, That Mr. Whistler, Mr. Pury, Mr. Smyth, Mr. Hill, shall search in such Offices as they shall think fit, to see if any Commissions, or other Warrants, have been granted to any Person or Persons, for Levying of Men.

Privilege-Charge against Mr. Attorney.

Mr. Whittlock, Serj. Wilde, Mr. Hill, Mr. Glyn, Mr. Browne, Mr. Rigby, Mr. Buller;

This Committee, or any Three of them, are presently to withdraw, to prepare a Charge against Mr. Attorney, upon the Vote of the House.

Resolved, upon the Question, That the Lords shall be desired, by a Message, that Mr. Attorney may put in good Security, to stand to the Judgment of Parliament.

Proceeding concerning the Five Members.

Sir Christ. Wray is appointed to go to the Lords, to desire a Conference, by a Committee of both Houses; concerning those Gentlemen mentioned in the King's Messages to both Houses:

Sir H. Vane junior, Mr. Glyn, Mr. Whittlock, are appointed Managers of this Conference:

The Heads of the Conference:

"Resolved, upon the Question, That the Impeachment, made by Mr. Attorney in the House of Peers, against the Five Members of this House, and the Proceedings thereupon, is a high Breach of the Privilege of Parliament:"

To acquaint their Lordships with this Vote: And that this House hath ordered, That a Committee should be named, to consider in what manner this Breach of Privilege may be vindicated: And to desire, that, in regard that the Lords are concerned in this Business as well as this House, their Lordships would do the like; and that the Committees of both Houses may meet, to consider of this Breach of Privilege, and the King's Messages.

To move the Lords to join with this House in an humble Petition to his Majesty, That those that did inform his Majesty against the Members mentioned in the Messages from his Majesty, may come in betwixt this and Thursday next, to charge them; or else, that they may be freed in such a Way, as the Parliament shall think fit.

Trained Bands.

Ordered, That the Sheriffs of London and Midd, for the time being, do, from time to time, issue out their Warrant, or Warrants, for raising such and so many of the Trained Bands, and other Forces of the City of London and Midd', for the Safety of his Majesty's Person, the Parliament, City of London, and Kingdom, as Philip Skippon, Serjeant Major General, shall from time to time, give Order for, unto One or both of the said Sheriffs of London and Middlesex.

And it is likewise Ordered, That the said Major Skippon do, from time to time, as often as Occasion shall require, and for the more Ease of the Trained Bands of the City of London, command forth the Two Trained Bands of the Borough of Southwarke, or either of them, for the Services before named, by issuing his Warrant to the several Captains, that have Command of the said Companies.

Resolved, upon the Question, That it shall be thus ordered: And that the Lords be moved to join with this House in this Order.

Committee.

Ordered, That the House be resolved into a Committee, to consider of the Particulars appointed to be treated of, by the Order of Yesterday, for resolving the House into a Committee.

Accordingly Mr. Speaker left the Chair: And

Mr. Whittlock was called to the Chair.

Mr. Speaker resumed the Chair.

Royal Assent to Bills.

The Gentleman Usher came, and informed the House, That the Lords were ready to give his Majesty's Assent to some Bills, by Commission; and did desire, that Mr. Speaker, and this House, would come up, and be present at the Passing of these Bills.

Message from Lords.

A Message from the Lords, by Justice Mallett and Serjeant Glanvile;

The Lords have sent us with this Message; They do agree with this House, in that Ordinance propounded by this House, for securing such Monies, as shall be lent by the Merchants Adventurers: And likewise, in those Desires of this House concerning Sir Jo. Hotham.

Mr. Speaker left the Chair.

Mr. Whittlock again called to the Chair.

Mr. Speaker resumed the Chair.

Treaty with Scotland.

The House went upto the Conference, concerning the Treaty with the Scotts Commissioners, according to a former Order.

Conference.

Sir Christ. Wray brings Answer, That the Lords will give a present Meeting, as is desired.

Scotch Commissioners thanked, &c.

Ordered, That Mr. Hampden, Mr. Fines, Sir Philip Stapilton, Mr. Long, Mr. Arth. Goodwyn, shall return Thanks to the Scotts Commissioners, for their good Affections, expressed to this State and Parliament: And likewise to desire to know of them, what that is, that they have sent unto his Majesty, by way of Advice.

Mediation of Scotland.

Mr. Hampden delivered in a Paper from the Scotts: Which was read; and, upon the Reading of it, the next precedent Order made.

"Our Treaty concerning the Irish Affairs, being so oft' interrupted by the emergent Distractions, gives us Occasion earnestly to desire your Lordships, and these noble Gentlemen of the House of Commons, for to present to the Honourable Houses of Parliament, That we have taken to our Consideration the manifold Obligations of the Kingdom of Scotland to our Native and Gracious Sovereign, his Person and Government, confirmed and multiplied by the great and recent Favours bestowed by his Majesty on that Kingdom, at his last being there, and settling the Troubles thereof; and considering mutual Interest of the Kingdom, in the Welfare and Prosperity of others, acknowledged and established in the late Treaty; and finding ourselves warranted and obliged, by all Means, to labour to keep a right Understanding betwixt the King's Majesty and his People; to confirm that brotherly Affection, begun betwixt the Two Nations; to advance their Unity, by all such Ways as may tend to the Glory of God, and Peace of the Church and State of both Kingdoms; to render Thanks to the Parliament of England, for their Assistance given to the Kingdom of Scotland, and settling the late Troubles thereof (wherein next to the Providence of God, and the King's Majesty's Justice and Goodness, they do acknowledge themselves most beholden to the Mediation and brotherly Kindness of the Kingdom of England); and likewise to proffer our Service, for removing all Jealousies and Mistakings which may arise betwixt the King's Majesty and this Kingdom, and our best Endeavours for the better Establishment of the Affairs and Quiet of the same: We do therefore in Name [of] the Parliament and Kingdom of Scotland, acknowledge ourselves, next to the Providence of God, and his Majesty's Justice and Goodness, most beholden to the Mediation and brotherly Kindness of the Kingdom of England, in many respects; and especially, in condescending to the King's Majesty's down coming to Scotland, in the midst of their great Affairs, whereof we have tasted the sweet and comfortable Fruits, and do heartily wish the like Happiness to this Kingdom: And, as we are heartily sorry to find our Hopes thereof deferred, by the present Distractions daily growing here to an greater Height; and, out of the Sense thereof, have taken the Boldness to send our humble and faithful Advice to the King's most Excellent Majesty, for Remedying of the same, to the just Satisfaction of his People; so, out of our Duty to his Majesty, to testify our brotherly Affection to this Kingdom, and acquit ourselves of the Trust imposed upon us, we do most earnestly beseech the honourable House, in the Deep of their Wisdom, to think timously upon the fairest and fittest Ways of composing all present Differences; to the Glory of God, the Good of the Church and State of both Kingdoms, and to his Majesty's Honour and Contentment: Wherein, if our faithful Endeavours may be any ways useful, we shall be most ready, at all Occasions, to contribute the same."

Answer from Scotch Commissioners.

Sir Philip Stapleton brings Answer from the Scoche Commissioners, That they acquainted them with the Desires of this House: They gave this Answer; That most of the Commissioners were gone from the Place of Meeting, not expecting any Message from this House: Besides, they have not, as yet sent the Paper to the King, by reason they could not get Post-horses: And, till such time as his Majesty hath first received the same, they conceive it not so fit it should be made known: But, upon Monday Morning, they make no doubt, to give this House full Satisfaction.

Adjourned till Monday; Nine.