Die Sabbati, 15 Januarii, 1641.
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
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, 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
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
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.
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.
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.
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
Loan for Ireland.
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"
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
He is likewise to desire the Lords to sit this Afternoon.
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
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.
Lord Gray brings Answer; That the Lords will give
a present Meeting, as is desired.
Sir Philip Stapilton is to manage this Conference.
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.
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
Resolved, upon the Question, * * * *
A Message from the Lords, by Mr. Page and Dr.
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.
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.
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.
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
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
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.