Die Jovis, 26 Aug. 1641.
2da vice lecta est Billa,
AN Act for preventing the Abuses in
Smelting of Lead; and to preserve
And the Question being put for the Commitment;
and the Ingrossing.
They both passed with the Negative.
And thereupon the Bill was rejected.
Mr. Whistler reports the Case of Londonderry.
Resolved, upon the Question, That the Opinion of
this House is,
1. That the Citizens of London were solicited and pressed to the Undertaking of the Plantation of Londonderry.
That the Copy, attested with Mr. Goad's Hand, is
a true Copy of the Sentence given in the Star-chamber,
against the Mayor and Commonalty of the City of
London, and the Society of the Governor and Assistants
of London, of the New Plantation of Ulster in the
Kingdom of Ireland.
That the Order made in the Court of Star-chamber,
dated 8° Martii, 8° Caroli, is unlawful, both for the
Matter, Persons, and Time, therein prefixed.
4. That this House is of Opinion, that the King was
not deceived in the Grant which he made unto the Society
of Governor and Assistants of London, of the New Plantation of Ulster, in the Kingdom of Ireland; in particular, not in creating a new Corporation, called, The
Society of the Governor and Assistants of London of the
New Plantation of Ulster, in the Kingdom of Ireland.
5. Resolved, That this House is of Opinion, that the
King did not, by that Patent, grant more Lands than
was by him intended to be granted, nor was therein
6. That it doth not appear, by sufficient Proof, that
the Citizens of London were tied to perform the printed
Articles; and consequently, not bound to plant with
English and Scotts; nor restrained from planting with
7. By the Twenty-seventh Article, the City was to
build Two hundred Houses in Derry, and One hundred
at Coleraine, by the First Day of November 1611; Admitting the Houses were not built, nor the Castle of Culmore
repaired by the Time prefixed; yet this is no Crime, nor
Cause for giving Damages, in regard the City had not
their Patent, until the Twenty-ninth of March 1613.
8. That there is no Proof, that the Governor, &c. of
the New Plantation, or any of the Twelve Companies,
did make any Lease unto any Popish Recusant; nor of
any Decay of Religion there, by Default of the Planters.
9. That there is no Proof of any Default in the Planters, for not making a sufficient Number of Freeholders;
nor any Article, that doth tie them thereunto.
10. That there is not Proof, that the City of London,
or the Governor of the New Plantations, have felled any
Trees, in the Woods called Glancankin and Killitrough,
contrary to their Covenant.
11. That the not conveying of Glebe Lands to the
several Incumbents of the several Parish Churches,
in regard they did enjoy the Lands, is no Crime
punishable, no cause of Seizure of their Lands.
12. That the Breach of Covenant (if any such were)
is no sufficient Cause to forfeit the Lands.
13. That the Breach of Covenant is no Crime, but
triable in ordinary Courts of Justice.
14. That the Court of Star-chamber (while it stood
as a Court) had no Power to examine Freehold or Inheritance.
15. That the Court of Star-chamber (whiles it stood
as a Court) had not any Power to examine or determine
Breach of Covenants or Trusts.
16. That the Sentence upon these Two Corporations
aggregate, no particular Person being guilty, it is against
17. That, in all the Proof of this Cause, there doth
not appear Matter sufficient to convince the City of
London of any Crime.
18. That, upon the whole Matter, this Sentence in
the Star-chamber was unlawful and unjust.
19. That this Composition and Agreement, made
with the City upon these Terms, in this Time of
Extremity, ought not to bind the City.
20. That this House is of Opinion, that when the
King shall be pleased to repay those Monies, which he
hath received upon this Composition, and such Rents as
he hath received by Colour of this Sentence, that then
his Majesty shall be restored to the same State he was
in; and the Patent, thereupon gotten, shall be cancelled,
21. That the Citizens of London, and all those, against
whom the Judgment is given in the Scire facias, shall be
discharged of that Judgment.
22. That the Opinion of this House is, that they think
fit, that both the Citizens of London, and those of the
New Plantation, and all Under-tenants, and all those put
out of Possession by the Sequestration, or King's Commissioners, shall be restored to the same State they were
in before the Sentence in the Star-chamber.
Beresford's, &c. Case.
The Case of Tristram Beresford, Ralph Freeman, and
Resolved, upon the Question, That the Conveyances
to Mr. Beresford, and the rest of the Parties, to whom
the Conveyances were made, are well executed.
That, by the Haberdashers being made no Parties to
the Scire facias, their Estate is not avoided by the Judgment:
That the Opinion of this House is, that the said
Parties ought to be in the same Estate they were in
before the Issuing of his Majesty's Commission.
The Case of Patrick French.
Resolved, upon the Question, That the Possession of
those Lands, complained of in this Petition of Patrick
French, was taken from him unjustly, without all Colour
of Law; and that he ought to be restored to the Possession, and to the mesne Profits during that Time.
Letters to Ld. General, &c.
Mr. Pym presented Two Letters; the One to be sent
to the Lord General, and the other to Sir Wm. Uvedale:
Which were read; and ordered to be writ fair, for Mr.
Speaker's Hand: And the Resolutions concerning the
Payments to Sir Jo. Barkeley, Mr. Daniel Oneale, &c.
were ordered to be sent inclosed: And likewise, Two
Copies of the Ordinance of Parliament, concerning the
Eight Shires, were sent down.
Persons sent for.
Resolved, upon the Question, That the Postmaster of
Ware, and his Deputy, be forthwith sent for, as Delinquents, by the Serjeant at Arms attending on this
House, for contemning a Warrant under Mr. Speaker's
Hand, and refusing to speed Mr. Rushworth, sent by
Order of this House, upon the special Affairs of the
Kingdom, according to the Order of this House.
Noland, &c. to be free from Arrests.
Ordered, That Mr. Noland, and his Witnesses, mentioned in the Warrant made by the Chairman for the
Committee for Irish Affairs, shall be free from all
manner of Arrests and Molestations, during their Attendance in the said Cause, and after they be served with
the said Warrant.
Resolved, upon the Question, That the Day for the
Recess shall be propounded to the Lords, to be on
Wednesday come Sevennight.
Resolved, upon the Question, That the Day for the
Return shall be propounded to the Lords, to be on the
Twentieth of October next.
A Message from the Lords, by Mr. Page, and
The Lords desire a present Conference, by a Committee of both Houses, in the Painted Chamber, if it
may stand with the Conveniency of this House, con
cerning the Preservation of the Mines of Salt-petre in
Answer returned, by the same Messengers;
The House is resolved to give a present Meeting, as
..Hollis, .. Clotworthy, .. D'Ewes, .. Barrington,
are appointed Reporters of this Conference.
Martyn's, &c. Loan.
Mr. Martyn, on the Behalf of his Father, himself,
and the rest of the Burgesses for the County of Berks,
continues the Two thousand Pounds, formerly lent by
them for the Service of the Commonwealth: It is therefore Ordered, That they be secured out of the Pollmoney, for the Repayment thereof.
Ordered, That all, that will come, shall have Voices
at the Committee for Mr. Fisher's Business.
Sir Tho. Barrington goes up to the Lords with a Message for a free Conference concerning Adjournment of
the Parliament; and to desire the Lords to sit this Afternoon.
Ordered, That the Justices of Peace, Burgesses, and
Assistants, for the Liberty of the City of Westminster, be
required, from this House,.. take especial Care, that the
Houses be safely locked up where any Persons are visited
with the Sickness; and to cause a Watch continually to
be kept at the Doors of such Houses, so visited as aforesaid; and a Red Cross, with a Lord have mercy upon us,
(as was usual) to be put upon the Door; or otherwise
the said visited Persons be removed, according to the
Discretion of the said Justices, as formerly hath been
Kilvert and Abell.
Ordered, That the Bill against Kilvert and Abell be
read To-morrow Morning.
Business to be done.
Ordered, That the Votes concerning Londonderry, and
the Report.. Transportation of Allom, be made this
Afternoon: And that, To-morrow Morning, the Levying
of the Soldiers in Ireland, and the Disarming of Recusants be taken into Consideration.
Proceedings against Hobbs.
Whereas one Rich. Hobbs doth pretend to have a Protection under the Hand of Mr. Griffith the Father, or
Mr. Griffith the Son, both Members of this House; but
both of them do disavow the said Hobbs to be any menial
Servant of theirs: Therefore Ordered, That Stephen
Penton, who arrested the said Hobbs, shall have Liberty
to proceed at Law against him, notwithstanding any such
Sir Tho. Barrington brought this Answer from the
Lords; that they would give a Meeting To-morrow
Morning at Nine of the Clock; and that they would sit
this Afternoon at Five of the Clock.
SIR H. Vane is to go up .. the Lords, to put them
in mind, that the Seventh of Sept. is appointed by the
Act of the Treaty, for a Day for publick Thanksgiving;
and to desire their Lordships to take into Consideration,
and to join with this House in taking such Course, that
the same may be observed.
A Petition from the Magistrates, Ministers, and People, of the City of London, concerning a Fast, was read:
And thereupon, it was
Ordered, That a Message be sent to the Lords, Tomorrow Morning, to desire a Conference, concerning a
Petition preferred by the Magistrates and Ministers of
the City of London, concerning a Fast.
The Votes from the Committee for the Irish Affairs,
concerning the Case of Londonderry, were now put to the
Question; and assented unto; though the Report was
made in the Forenoon.
State of the Navy, &c.
Sir Jo. Colepeper reports the State of the Navy:
Resolved, upon the Question, That it is the Opinion
of the House, that Fifteen thousand Pounds per Month
should be paid out of the Receipt upon the present Bill
of Tonage and Poundage, from the Commencement of
the said Bill to the Expiration thereof, for the Discharge
of the Twenty Ships, set forth by Order of this House,
and of other necessary Expences for the Support of the
Navy; and that the Commissioners for the Treasury shall
be desired to grant Warrants accordingly; and that the
Customers be appointed to make the said Payments.
Resolved, upon the Question, That Sir John Colepeper
and Sir Henry Vane, Members of this House, be appointed to desire the Commissioners of the Treasury
speedily to meet, and agree upon the Manner for doing
thereof: And that the Lords may be desired to join with
this House, in ordering the said Payments.
Resolved, upon the Question, That the Opinion of the
House is, that the Lords shall be desired to join with this
House in [an] Order, that the Lord General shall appoint
the Governor of Barwick to ship the Ordnance and Ammunition there, in fitting Ships, trading to Newcastle, to
be hired here, to transport the same from thence to the
Tower of London; and some of the King's Ships may be
commanded to waft the same accordingly: And that the
Ordnance and Ammunition of Carlisle shall, by Order of
the Lord General, be carried from thence to Newcastle;
and there be shipped likewise for the Tower of London.
Sir H. Vane brings * *, that the Lords were of Opinion, that an Order should go forth from the Lords,
wherein it should be declared, that both Houses intend,
on the Seventh of Sept. to celebrate the Day of publick
Thanksgiving; and did agree, that an Order of both
Houses should go forth, for the Observing of that Day,
through the whole Kingdom; and, to that Purpose, have
appointed a Committee of Five.
Mr. Rowse, * H. Vane, * Colepeper, Serjeant Wilde,
* Mildmay, * Barrington, * Harley, * Montfort, *
Falkland, * Cave.
This Committee is to join with a Committee of the
Lords, to prepare an Order for celebrating the publick
Thanksgiving on the 7th of September.
Bailing a Prisoner.
Ordered, That Sir H. Compton, now in the Custody of
the Serjeant at Arms, upon the Report of the Soap Business, shall be forthwith bailed, upon the Security of the
Earl of Northampton and the Lord Viscount Rochfort;
the Principal in Ten thousand Pounds, and the Security
in Five thousand Pounds apiece.
Ordered, That the Ordinance and Instructions concerning disarming Recusants, now presented from the
Committee, and read, shall be taken into farther Consideration To-morrow Morning.