Die Sabbati, 6 Martii, 1640.
Leave of Absence.
MR.. Mannaton has Leave to go down into the
Country, in regard of a Trial he has at the next
Assizes to be held for the County of Cornewall, which
concerns him very much in Estate.
* * * *
Mr. Maleurer has Leave to go down into the Country,
having a Trial, which concerns his Estate very much, at
Contempt of Summons.
Sir Jo. Lamb, who was sent for, as a Delinquent, upon
a Contempt, for not appearing, being twice summoned
by Order from this House, appeared this Day at the Bar
here; and, after he had expressed his Sorrow, for running
into any Contempt of this House, which, willingly, he
professed be would not do, and had submitted himself
to the Judgment of the House; thereupon the House,
having considered of his Answer,
Ordered, That he should be forthwith freed from any
farther Restraint; paying his Fees.
Waddsden Organ Tax.
Ordered, That it be referred to the Committee for Sir
H. Spiller, to consider of the Nature of the Offence of
Sir Nath. Brent, Sir Jo. Lamb, and Dr. Roane, in imposing a yearly Stipend of Fifteen Pounds, upon the
Parishioners of Waddsden in the County of Bucks, for
the Maintenance of an Organist there.
Mr. Prideaux, Mr. Rigby, Mr. Perd, Mr. Arth. Goodwyn, and Sir Arth. Heselrigg, are added to that Committee.
Cosins', &c. Impeachment.
The Title of the Charge and Impeachment of the
Commons, against Jo. Cosins Doctor in Divinity, and
others, was read; and resolved, upon the Question: And
afterwards, Eight Articles of the said Impeachment were
read, and voted; and passed, upon the Question. The
Ninth was totally omitted, by Resolution, upon the
Question. There was some Debate upon the Tenth;
and then, a Business of more public Concernment intervening, the farther Proceeding in that Business was
deferred till Monday Morning.
Relief of Northern Counties, &c.
Ordered, That, out of those Monies that are to come
from the City, or from the Members of this House, or
others, the first Twenty-five thousand Pounds shall be
paid to the Earl of Warwick, for the Relief of the Northern Counties; and that the Earl of Warwick's Acquittances, given under his Hand, to them that shall pay
in their Monies, shall be a sufficient Discharge for them:
And that the next Ten thousand Pounds, that shall come
in, shall be paid to Sir Wm. Uvedale, for the Relief of
the King's Army; and that Acquittances, under his
Hand likewise, shall be a sufficient Discharge, for such
as shall bring in their Monies.
Archbp: of Canterbury.
Ordered, That the Committee for the Archbishop of
Cant' do meet on Monday next at Two of Clock, in the
Ordered, That the Committee for the Forests do meet
on Monday next at Two of Clock, in the Duchy-court.
Ordered, That the Committee for the Abbreviation of
Michaelmas Term do meet on Monday at Two of Clock,
in their former appointed Place.
Serj. Wilde, &c.
Ordered, That the Business concerning Serjeant Wilde,
Mr. Constantin, Mr. Prideaux, and Sir Hen. Herbert, be
peremptorily heard on Tuesday next; and Sir H. Herbert
is spared from the Committee of Sir Lewis Dives; so far
as concerns the Worcestershire Petitions only.
Privilege in a Suit.
The House doth Declare, That Dr. Sibthorpe shall have
Liberty to go to a Trial with Mr. Crue, a Member of
this House; the said Mr. Crue desiring, in this Case, to
wave his Privilege; and that the said Mr. Crue shall
have Liberty to prosecute the said Dr. Sibthorpe, at the
next Assizes to be held for the County of Northampton;
and that Dr. Sibthorpe shall be dispensed with for his
attending here, (being complained of at a Committee of
this House) until the Business at the Assizes shall be
ended; and then he is required to attend this House.
Ordered, That the Petitions from the Lord Chancellor
of Ireland and others, and the Letter sent with them to
Mr. Speaker, be referred to the Committee for Irish
Mr. Piercy acquaints the House, that, by the Command of this House, he waited upon his Majesty, with
those Instructions he had in Charge; and, to avoid any
Mistake of his Majesty, or of being mistaken by this
House, he desires the Benefit of his Papers.
1. For the Number of the Ships, his Majesty doth agree
both to the Number and Rank of them; being intended
for so good and pious a Work, as the Preservation of his
own Subjects; And, if this Number be not sufficient, he
will agree to a greater Number; so as Monies be provided for that Purpose: And he doth assure this House,
that his Care shall be great, in this Particular, if the
House will provide Monies for it: And also, that these
Ships, to be thus set forth, shall be commanded by
knowing and experienced Seamen: And said, he did not
doubt, but the Care of His Lord Admiral would be such,
in that Point, as would give Satisfaction.
For the other Parts of the Message, that all his Majesty's Subjects may have free Liberty, without Letters of
Mart or Reprizal, to take Turkish, Moorish, or other
Pirates, their Ships, Goods, and Prizes; and to convert
the Benefit to themselves, without giving an Account to
the King, or Lord Admiral; provided they give good
Caution, &c: For this, whereas it is said, "without
giving any Account to the King, or the Lord Admiral,"
his Majesty desires these Words may be changed thus,
"without paying any Duty to the King, or Lord Admiral;" leaving the Parties free, to dispose of Men,
Goods, and Ships, to their best Advantage.
My Lord Admiral is very willing to decline any
Benefit, that may come to him this Way; but thinks, the
Merchants will not be able to take any of these Pirates;
for the Merchant Ships are only for Defence, and to sail,
and not to take Pirates.
My Lord Admiral desired me to acquaint this House
with Two Things; the One, that one Capt. Povey was
employed this last Summer, for Guarding of the Western
Coasts; against whom general Complaints were made;
but none charged him in particular: Yet, if any just
Complaint shall come in against him, he will be far
from Protecting of him: For it hath been his principal
Care, to bring in worthy Men into these Employments;
and will not admit of any Person unfit.
The next thing he desireth this House to take into
Consideration, is, the having of Six Ships provided, to
lie between the Downes and Portland; because the Frigates of Dunkirke and Calis are subject to commit great
Insolencies, to our Dishonour, and great Disorders, to
the Vexation and Trouble of those that trade that Way.
Impeachment of Earl of Straford.
Upon Mr. Whittlock's Report, from the Earl of Straford's Committee, it was
Resolved, upon the Question, That there shall be no
Replication put in to the Earl of Straford's Answer, in
Writing; but that the farther Proceedings against him
shall be in that Manner, as is now proposed by the
Mr. Whittlock is to go up to the Lords with this Message; That the House of Commons have considered of
the Earl of Straford's Answer; and do aver their Charge
of High Treason against him; and that he is guilty, in
such Manner and Form, as he stands accused and impeached: And that this House will be ready to prove
their Charge against him, at such convenient Time, as
their Lordships shall prefix; and intend to manage the
Evidence by Members of their own; and desire a free
Conference with their Lordships, by select Committees
of both Houses, to consider of some Propositions and
Circumstances concerning the Trial.
Mr. Whittlock brings Answer, from the Lords; That
their Lordships have taken the Message from this House
into Consideration; and will give a Meeting for a free
Conference, by a Committee of Four-and-twenty, on
Monday Morning at Nine of Clock.
Mr. Pimme, Mr. Strode, Mr. Sollicitor, Mr. Grimston,
Ld. Digby, Sir Jo. Clotworthy, Sir Walth. Erle, Mr.
Hampden, Mr. Whittlock, Mr. Palmer, Mr. Selden, Mr.
Maynard, Mr. Treasurer, Sir Jo. Culpeper, Mr. Rennolds,
Mr. Hide, Mr. Prideaux, Mr. Whitehead, Mr. Martin,
Mr. Broxam, Ld. Gray, Ld. Falkland, Mr. Vaughan, Ld.
Russell, Sir Jo. Strangewayes, Mr. Bellassis, Sir Guy
Palmes, Mr. Sutton, Mr. Whistler, Sir Simonds D'Ewes,
Sir Anth. Irby, Sir Martin Lumley, Mr. Waller, Mr.
Coventry, Mr. Upton, Sir Jo. Evelyn, Lord Fairefax, Sir
Wm. Massam, Mr. Perpoint, Sir Ben. Rudyard, Sir
Tho. Barrington, Sir Ph. Stapleton, Mr. Capell, Mr.
Cary, Sir Ralfe Hopton, Sir Ro. Hatton, Sir Gilbert
Gerard, Mr. Nath. Fines;
These Eight-and-forty are to meet a Committee of
Four-and-twenty of the Lords, at a free Conference, concerning the Trial of the Earl of Straford, on Monday
Morning next at Nine o'Clock, in the Painted Chamber.
The Committee for the Earl of Straford are to manage
this free Conference with the Lords.
Treaty with Scotland.
Mr. Hide, (from the Committee, Yesterday appointed
to take into Consideration the Paper that came from the
Lords, at the last Conference) desires, that That Paper
may be read; which was accordingly, in hoc verba;
"That whereas there hath been a Proposition made
by the Commissioners of Scotland, for the Removing of
the Garison, and Demolishing of the Fortifications, of
Barwick and Carlisle; which Proposition the Upper
House hath taken into Consideration, and are inclined,
when a firm and settled Peace shall be established, that
all things reciprocally be reduced into the Terms they
were before the late Troubles: And therefore, to the
End that all things may be settled, that may conduce to
a firm Peace, with the least Loss of Time that may be;
for the Charge, that will necessarily follow, is such, that
this Kingdom cannot bear.
"This House therefore holds it fit, that the Commissioners of England do move the Scots Commissioners, to
set down all their particular Heads and Demands at once
together, and conclude the Eighth Article wholly, with
all convenient Speed; which they are instructed to propound, for the Confirming and Establishing of a perfect
and speedy Peace: Which being done, this Kingdom
will speedily take into Consideration the Settling likewise
of all things, that may be for their just Satisfaction, if
the House of Commons shall concur with us herein."
This being read, the Reporter presented, from the
Committee, Heads for a Conference, to be desired with
the Lords, upon his Paper, in hoc verba;
"Concerning the Removing of the Garisons, and
Demolishing of the Fortifications of Barwick and Carlisle, the House of Commons concurreth with their
Lordships, that, when a firm and settled Peace shall
be established, all things reciprocally be reduced into the
Terms they were before the last Troubles, to the End that
all things may be settled, that may conduce to a firm
Peace. The House of Commons agreeth with their
Lordships, that the Commissioners of England do move
the Scots Commissioners, to set down all the particular
Heads and Demands at once together, that so the Eighth
Article, which they are instructed to propound, for the
Confirming and Establishing of a perfect and speedy
Peace, may, with all convenient Speed, be concluded:
The which being done, the House of Commons shall
willingly concur with their Lordships, for Settling of all
things, that may be for their just Satisfaction."
After these Heads had been for a Time debated, it was
Resolved, upon the Question, That these Heads shall
be the Subject of a free Conference, to be desired with
the Lords, concerning the Paper that came from the
Lords at the last Conference.