Die Lunæ, 3 Jan. 1641, post meridiem.
Earl of St. Albane's Trunks.
ORDERED, That the Trunks and other Matters
directed to the Earl of St. Albanes, in Ireland, shall
be suffered to pass, notwithstanding the Order of this
House of the Third of November restraining . . .
Earl of Pembroke's Indemnity.
vice lecta est Billa, An Act for the Indemnity of
Philip Earl of Pembroke, and the Lady Anne his Wife,
notwithstanding any Office to be found by Henry Earl
of Cumberland, &c.
vice lecta est Billa, An Act for the Reversing of
Sentences, Decrees, Orders, and Proceedings, &c. against
Wm. Prinne, &c. in Star-chamber, High Commission
Privilege-Person sent for.
Resolved, upon the Question, That Robert Bristoll
shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for serving a
Subpæna upon Mr. Speaker at the Suit of Sir Wm. Middleton.
The Question being proposed, whether Sir Wm.
Middleton should be sent for, as a Delinquent;
|The House was divided.
|Sir Edw. Hungerford,
||Tellers for the Yea.
|Sir Hen. Anderson,
|Sir Walth. Erle,
||Tellers for the Noe.
|Sir Tho. Barrington,
|The Question passed with the Negative.
Message to Lords.
Mr. Strode went up to the Lords with the Message
appointed by Order on Friday last.
Privilege-Subpænaing Mr. Speaker.
Ordered, That Sir Wm. Middleton be forthwith summoned to attend this House, to answer his commanding
Mr. Speaker to be served with a Subpæna.
Answer from the King.
Mr. Pym presented from the Committee appointed on
Friday last to sit at Guildhall in London, his Majesty's
Examination against Puckle.
Sir Sanders Duncombe was called in; and said, That
he had taken an Examination of one Speke against Puckle,
of some Words spoken against this House; and concerning the Blood of the Earl of Strafford, to ... required as
well in England as Ireland * * * *
Ordered, That the Lord Mayor, the Aldermen, the
Sheriffs, and Common Council-men, be forthwith advised
from this House to direct, that the Trained Bands of the
City of London may be put in Readiness, for the Safety
of the King's Person, the City, and the Commonwealth;
and that, in the mean time, there may be strong Guards
and Watches set at all Places convenient about the City.
Resolved, upon the Question, that it shall be thus
Royal Family's Servants, &c.
Mr. Strode reports from the Lords, that he had this
Answer to the Message he carried;
That, as the Lords had joined with this House, that
the Servants of the King's, Queen's, and Prince's, might
take the Oaths of Allegiance and Supremacy, so, for a
Commission to that end, they will take it into Consideration in due time: And for the Capuchins, they will send
to the King for the Dissolution of them: And for the
Executing the Seven Priests, they had sent to his Majesty
Capt. Wintour's Boy.
A Deposition of a Boy of Captain Wintour's taken in
[ ], was this day presented from the Scotts Commissioners, and read in the House: And
It is Ordered, That Mr. Fienis and Sir Philip Stapilton
shall presently repair to the Scotts Commissioners, to
desire them to declare what Parties they were that
should release Captain Wintour's Boy, if he did but shew
the Ticket mentioned in the Deposition now sent from
Privilage-Seizing Members Papers.
Resolved, upon the Question, That the several Parties
now sealing up of the Trunks or Doors, or seizing the
Papers of Mr. Pym, Mr. Hollis, or any other Member of
this House, that the Serjeant shall be informed of, shall
be forthwith apprehended, and brought hither, as Delinquents: And that the Serjeants shall have Power to break
open the Doors, and to break the Seals off from the Trunk.
Resolved, upon the Question, That Mr. Speaker shall
sign a Warrant, directed to the Serjeant at Arms attending on this House, to the Effect of the Order abovesaid.
Mr. Fienis reports, That the Commissioners delivered
them a Note of the Names: Which he read; viz.
Mr. Chichester, Son to the Governor of Carrickfergus,
Mr. John Digby, Son to the Earl of Bristoll, Mr. Kenelme
Privileg-Seizing Members Papers.
Ordered, That a Message be sent to the Lords, to
desire a Conference, concerning the Breach of the Privilege of Parliament.
This Message was sent by Mr. Jepson.
Resolved, upon the Question, That if any Persons whatsoever shall come to the Lodgings of any Member of this
House, and there do offer to seal the Trunks, Doors, or
Papers of any Members of the House, or to seize upon
their Persons, that then such Members shall require the
Aid of the Constable to keep such Persons in safe Custody,
till this House do give further Order: And this House
doth declare, That if any Person whatsoever shall offer
to arrest or detain the Person of any Member of this
House, without first acquainting this House therewith,
and receiving further Order from this House, that it is
lawful for such Member, or any Person to assist him, to
stand upon his and their Guard of Defence, and to make
Resistance, according to the Protestation taken to defend
the Privileges of Parliament.
Mr. Walth. Long went up to the Lords, to desire a
Conference by a Committee of both Houses, concerning
the Breach of Privilege of Parliament.
Heads of the Conference.
That the Violating the Privileges of Parliament is the
Overthrow of Parliaments: That, by the Protestation
taken by both Houses of Parliament to defend the Privileges of Parliament, both Houses are concerned in the
Breach of either.
That the Chambers, Studies, and Trunks, of divers
Members of this House are this Day sealed up, to the
high Breach of Privilege of Parliament.
The Parliament being the great Council of the Kingdom, ought to sit as a free Council; and no Force ought
to be seated about them, without their own Consent:
That, notwithstanding, there is a Guard in a warlike
Manner, placed at Whitehall, to the Breach of Privilege
Again to desire the Lords, that such a Guard may be
set about the Parliament as shall be approved by both
Houses; or else to join with this House to adjourn to a
Place of more Safety.
Mr. Glyn, Sir Philip Stapleton, and Mr. Fynes are
appointed Managers of this Conference.
Mr. Walth. Long brings Answer, that the Lords will
give a present Meeting, as is desired.
Message from the King, for arresting the Five Members.
Mr. Francis, Serjeant at Arms, sending in Notice, that
he was commanded to deliver a Message from his Majesty
to Mr. Speaker; whereupon he was called in to the Bar,
without his Mace: And there he delivered this Message;
"I am commanded by the King's Majesty, my Master,
upon my Allegiance, that I should come and repair to the
House of Commons, where Mr. Speaker is; and there to
require of Mr. Speaker Five Gentlemen, Members of the
House of Commons; and, that these Gentlemen being
delivered, I am commanded to arrest them, in his
Majesty's Name, of High Treason."
"Their Names are, Mr. Hollis, Sir Arth. Haselrig,
Mr. Pym, Mr. Hampden, Mr. Wm. Strode".
Committee to attend the King.
Mr. Chancellor of the Exchequer, Lord Faulkland, Sir
Phil. Stapleton, Sir Jo. Hotham, are appointed to attend
his Majesty; and to acquaint his Majesty, that this Message from his Majesty is a Matter of great Consequence; It
concerns the Privilege of Parliament, and therein the Privilege of all the Commons of England; That this House
will take it into serious Consideration; and will attend his
Majesty with Answer, in all Humility and Duty, with as
much Speed as the Greatness of the Business will permit:
And that, in the mean time, this House will take care
that those Gentlemen mentioned in the Message, shall be
ready to answer any legal Charge laid against them.
The Five Members to attend.
Mr. Speaker did, by Command of the House, enjoin
these Five Members particularly One by One to give their
Attendance on this House de die in diem, till the House
take further Order.
Message from the Lords, by the Master of the Rolls
and Judge Mallett;
That the Lords do desire a present Conference, by a
Committee of both Houses, concerning the Matter of the
Answer returned by the same Messengers; That this
House will give a present Meeting, as is desired.
Mr. Glyn, Mr. Fynes, and Sir Phil. Stapleton, are
appointed Managers of this Conference.
Privilege-King's Message to be considered.
Ordered, That the House be resolved into a Committee,
To-morrow Morning at Ten a Clock, to take into Consideration the Message this Day sent from his Majesty,
and delivered in this House by Serjeant Francis, Serjeant
at Arms, concerning the Five Members of this House
mentioned in the said Message.
Privilege-Seizing Members Papers.
Mr. Glyn reports the Conference:
That the Lords had made an Order for the Opening
of the Doors, Trunks, and Studies, of those Members of
both Houses, as were shut and sealed up.
They have further ordered, That they will join with
this House in an humble Petition to the King, to desire
such a Guard as himself and both Houses of Parliament
shall approve of; and the same to continue so long as the
King and both Houses of Parliament shall think fit: That
their Lordships, if this House agree with them in this
Order, have appointed Two Lords to attend his Majesty
with this Desire of both Houses.
Resolved, upon the Question, That this House doth
consent to this Order of the Lords, concerning a Guard.
Sir Chr. Wray went up to acquaint the Lords, that this
House doth assent unto their [Order] concerning [a
Answer to the King.
Ordered, That the Serjeant do acquaint Serjeant
Francis, who attends without, that this House will send
an Answer to his Majesty, to the Message he brought,
by Members of their own House.
The Question being put, Whether there should be
any Question now put for the Alteration of the Order
made concerning the Arresting of the Persons of any
Members of this House;
Passed with the Negative.
Sir Wm. Fleming, and the other Gentlemen apprehended by Order of this House, as Delinquents, for
sealing up of Studies, &c. of Members of this House, are
Ordered to remain in the Serjeant's Custody, till farther