House of Commons Journal Volume 2
13 August 1641

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1802

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'House of Commons Journal Volume 2: 13 August 1641', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 253-256. URL: http://british-history.ac.uk/report.aspx?compid=8061 Date accessed: 20 August 2014.


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Die Veneris, 13 Augusti, 1641.

Wales Court of Marches.

2da vice lecta est Billa,

AN Act for Repeal of a Branch of a Statute of 34 H. 8 cap. 6. and for the Taking away of the Court, commonly called the Court of the Marches of Wales, held before the President and Council there; and, upon Question, committed unto Mr. Glyn, * Whitlock, * Bodevile, * Strode, Serjeant Wilde, Sir Ri. Buller, Sir T. Barrington, * B. Rudyard, * Erle, * Pury, * Reynolds, * Bridgman, * Moore, * Winne, * J. Corbett, * Widdrington, * Armyn, * Rigby, * Cary, * Grimston, Lord Herbert, * Brereton, * Corbett, * Harding, * Aiscough, the Knights and Burgesses of the Principality of Wales, and the Knights and Burgesses of the Four Shires: And are to meet in the Court of Wards the Twentieth of November.

Resolved, upon the Question, That Mr. Edmund Glyn of Dinley, shall be named the first modern Register, in the Bill for the Principality of Wales, for the Court of Chancery to be erected in the Counties of Merionith, Anglesea, and Caernarvon; to hold the said Office, so long as he shall behave himself well therein.

Recusants.

Ordered, That Sir Piercy Herbert be summoned to appear at the Committee for the Recusants convict; and if he shall take the Oaths of Allegiance and Supremacy, and, giving good Security to appear within Ten Days Summons, that shall have Liberty to go upon his Occasions: And that the Order of the Lords, concerning the Excepting of their Children and Servants from being proceeded against as Recusants, be referred to the Consideration of the said Committee. And likewise it is referred to the said Committee, the Consideration of the Business, complained of in this House by Mr. Salloway, concerning his endeavouring to seduce Mrs. Coventry upon her Death-bed.

H. Heyman, Mr. Salloway, Mr. Grimston, Serjeant Wilde, are added to this Committee.

Tumults concerning Lincolne Fens.

According to an Order Yesterday, the House proceeded to the Consideration of Mr. Walrond's Business.

Mr. Walrond was called in: And did avow the Petition, and every Particular in it, to be true; and made Relation of the whole Business.

Robert Webster - says, on Monday was Sevennight there came about Sixty or Seventy, some Twenty or Thirty in a Company, and so on Friday and Saturday, with Carts; and fetched away the Flax.

Mr. Bishop - says, he rode about the Grounds, and saw divers Fences thrown down; but see no Multitudes.

On Friday last he came into the Grounds, and see some Forty Rood pulled; but the People were gone; and they gave out Speeches, that they would burn the Houses, and destroy the Corn and Hay; and told his Servants there, that if their Master had been there, he had not gone Home alive.

Whereas there was this Day a Petition exhibited on the Behalf of Hum. Walrond and others, setting forth, that the Commoners within the West and North Fens in the County of Lincolne, who have a Petition depending here, have, by a violent Hand, at several times, in riotous Assemblies, entered upon the Petitioners Lands, cast down their Inclosure and Fences, and destroyed their Grass and Corn; and do threaten to come in greater Multitudes, to beat and kill all that oppose them: It is this Day Ordered, That the Sheriff of the County aforesaid, and the Justices of Peace, be hereby required to employ their best Endeavours to suppress, not only the Tumults aforesaid, but all riotous and tumultuous Assemblies, that, within the said County, may arise upon the like Occasions; and to keep the Peace: With this Declaration, that the House does not intend hereby to prejudice the Parties interested, in point of Title to the Land; or to hinder the Commoners in the legal Pursuit of their Interest: And the High Sheriff of the said County is hereby likewise required to publish this Order, that it may be taken notice of through the Country.

Treaty with Scotland.

Sir Edw. Partridge is appointed to go to the Lords, to desire a free Conference, concerning the Matter of the last free Conference, concerning the final Conclusion of the Treaty.

Sir Tho. Widdrington, Mr. Hollis, Sir Jo. Colepeper, Sir H. Mildmay, are appointed Reporters of the Conference.

Leave of Absence.

Lord Compton has Leave to go into the Country.

Conference.

Sir Edw. Partridge brings Answer, that the Lords will give a present Meeting, as is desired.

Levying Soldiers for French King, &c.

A Message from the Lords, by Sir Ro. Rich, and another;

The Lords desire a free Conference, in the Painted Chamber, presently, if it may stand with the Conveniency of this House, concerning some Soldiers, that are desired by the French King, and the King of Spain.

Answer returned by the same Messengers; that this House has considered of the Message; and will give a present Meeting, as is desired.

* Pym, Mr. Hollis, * Erle, * Clotworthy, * Waller, * Colepeper, Sir Tho. Barrington, Sir H. Mildmay, are appointed Managers, and Reporters, of this Conference.

Vinters, &c.

Mr. Glyn presented the Names of such Spanish and French Merchants, and Vintners, that sealed the Quadrupartite Indenture:

Spanish Merchants.

Rowland Willson, Geo. Hanger, Rich. Middleton, John Slany, Martin Broadgate, Peter Samwayes, Robert Fison, Rich. Lante, Roger Kilvert, Tho. Fletcher, Robert Lante, Gilbert Lambell, Robert Swinerton.

French Merchants.

Geo. Langham, Marmaduke Rowden, Tho. Beawley, senior, Hen. Lee, mort. Edm. Forster, Tho. Walton, Edw. Browne, Jo. Johnson, Christ. Maynard, James Travies, John Dade, Tho. Bell, mort. Jerome Sprye; and the common Seal of the French Company.

Vintners, that sealed the said **

Wm. Abell Master, Michael Gardiner, Tho. Symcotts, Wm. Hancock, Geo. Hubbert, Joseph Rogers, Geo. Shawe, Francis Ashewell, Cordwell Hammond, John Gregory, Ralph More, Jacob Bonnamy, Tho. Dudley, John Wilcocks, Ralph Hutchinson; and the common Seal of the Vintners Company.

Resolved, upon the Question, That these Merchants and Vintners, who sealed the Quadrupartite Indenture, and whose Names were now represented to the House, and read, are Delinquents.

Ordered, That Mr. Rolle shall be discharged from giving any Security.

Ordered, That Mr. Chambers shall have his Goods out of the King's Warehouse, being Two Bail of Silk, with out giving Security; the said Goods being seized and detained for such Impositions, as are not due by Law.

Ordered, That Mr. Foulke shall likewise have his Four Bails of Silk out of the King's Warehouse, without giving Security; the said Goods being seized and detained for such Impositions, as are not due by Law.

Impeachment of the Bishops.

Mr. Serjeant Wilde reports from the Committee appointed to consider of the Impeachment of the Bishops:

Whereas the Knights, Citizens, and Burgesses of the Commons House of Parliament, have lately impeached the several Bishops hereafter named; that is to say, Walter Bishop of Winchester, Robert Bishop of Coventry, and Lich. Godfrey Bishop of Cloucester, Joseph Bishop of Exon, John Bishop of Asaph, Wm. Bishop of Bath and Welles, Matth. Bishop of Ely, Geo. Bishop of Heref. Wm. Bishop of Bangor, Robert Bishop of Bristol, John Bishop of Rochester, John Bishop of Peterborough, Morgan Bishop of Landaff; before your Lordships in this Parliament, of several Crimes and Misdemeanors; in contriving, making, promulging, and executing several Constitutions and Canons Ecclesiastical; and, by granting a Benevolence or Contribution to his Majesty, contrary to Law: Now the said Commons do farther declare to your Lordships, that the said Canons, Constitutions, and Grant of a Benevolence, are the Canons, Constitutions, and Grant of a Benevolence, contained in Two several Books, the one intituled, The Constitutions and Canons Ecclesiastical, treated upon by the Archbishops of Cant' and Yorke, Presidents of the Convocations for the respective Provinces of Cant' and Yorke, and the rest of the Bishops and Clergy of those Provinces; and agreed upon with the King's Majesty's Licence; in their several Synods, begun at London and Yorke 1640; and in the Year of the Reign of our Sovereign Lord Charles, by the Grace of God, King of England, Scotland, France, and Ireland, the Sixteenth: And the other intituled, A Grant of the Benevolence or Contribution to his Most Excellent Majesty, by the Clergy of the Province of Canterbury, in the Convocation or Sacred Synod, holden at London, Anno Domini 1640: Which things I am commanded by the House of Commons, to deliver to your Lordships, and farther to declare to your Lordships, that all and every the said Canons and Constitutions, and Grant of Benevolence, and the Contriving, Making, Publishing, and Executing of the same, and every of them, were and are contrary to the King's Prerogative, the fundamental Laws and Statutes of the Realm, the Rights of Parliament, the Property and Liberty of the Subject, and tending to Sedition, and of dangerous Consequence; and were so contrived, made, promulged, and executed, to the great Oppression of the Clergy of this Realm, and other his Majesty's Subjects; and in Contempt of his Majesty, and of the Laws: And do pray, as they did before, that the said Bishops may be forthwith put to their Answers in the Presence of the Commons; and that such farther Proceeding may be had therein, as to Law and Justice appertains.-

Arrears due to Northern Counties.

Whereas it doth appear to this House, that there is due, by our Brethren the Scotts, to the Northern Counties, being already agreed of, upon Account, viz.

£ s. d.
To the County of Duresme--26,663 13 10
To the Town of Newcastle-- 2,000 --
And to the County of Northumberland 10,224 610
Being in the Whole 38,888 -8

This House doth undertake the Payment of the said several Sums, to the said several Counties, and Town of Newcastle; and doth hereby discharge and acquit our Brethren the Scotts from the Payment of the said Sums, and every Part thereof.-

Impeachment of the Bishops.

Resolved, upon the Question, That this shall be the farther Impeachment of the Bishops.

Resolved, upon the Question, That this farther Impeachment, shall be delivered at the Bar, in the same manner as the last was, and the Books of the Canons, and the Grant of the Benevolence; and the like Prayer made, that they may answer in the Presence of the Commons.

Impeachment to be read.

Ordered, That the Impeachment, upon the Complaint of Sir Jo. Corbett, shall be read To-morrow at Eight of Clock.

Soap Business.

Ordered, That the Report concerning Soap shall be made To-morrow at Nine of Clock.

Treaty with Scotland.

A Message from the Lords, by Sir Edw. Leech and Dr. Bennett;

The Lords desire a free Conference, by a Committee of both Houses, in the Painted Chamber presently, if it may stand with the Conveniency of this House, touching some Points of the Treaty.-

House to sit, &c.

Ordered, That the House shall sit this Afternoon, at Two of Clock: And the Members of the House are enjoined to attend: And Mr. Hollis is to make his Report at Three: And Mr. Chudleigh be called in at Four: And the Articles against Mr. Peircy to be resumed at the same time.-

Conference.

Answer returned by the same Messengers;

The House has considered their Lordships Message; and will give a present Meeting as is desired.

The same Reporters that were appointed for the last Conference, are appointed Reporters of this.

Grant to Queen Mother.

Mr. Pym brings Answer, that he had, according to the Commands of this House, delivered Four Bills of Exchange to the Earl Marshal, for the Payment of Seven thousand Pounds to the Use of the Queen Mother; and that the Earl Marshal would be very careful in observing the Desires of this House therein: and would take an Acquittance from the Queen Mother, or her Assignees, for the Discharge of the Merchant: And Mr. Pym desired, that the Entry of this Report might be his Discharge.

Lord Loftus' Case.

Ordered, That Mr. Pym, Mr. Glyn, and Mr. Vaughan, shall meet To-morrow post meridiem to prepare the Transmission of the Lord Loftus' Case; and present it to the House with all convenient Speed.

Abolishing Episcopacy.

Ordered, That on Monday Morning at Nine of Clock the House shall be resolved into a Committee, to consider of the Bill concerning Episcopacy.

Impeachment of the Bishops.

Ordered, That Serjeant Wilde shall carry up the Impeachment against the Bishops this Afternoon, when the Lords are set: And that Sir Philip Stapleton shall then likewise carry up a Message to the Lords, concerning the Dissolution of the Convent of Capuchins.

Restraint on Dawes removed.

Ordered, That the Restraint formerly, by Order of this House, set upon the House and Goods of Sir Tho. Dawes, shall be taken off; and the Serjeant's Servant discharged from any farther Attendance or Guard upon his House or Goods; the House being informed and assured by a Member of this House, that the Debt to the Commonwealth is satisfied, and that the Creditors condescended thereunto.

Post Meridiem

Criplegate Church.

1a vice lecta est Billa, AN Act for Dividing of the Parish Church of St. Giles without Criplegate.

Leave to prosecute Bill.

The humble Petition of Sir Walter Roberts Knight was read, and it is ordered, That Sir Walter Roberts shall have Liberty to go and return freely, to prosecute his Bill, and his Occasions here; giving good Security for his true Imprisonment.

Customs on Tobaccoes.

Mr. Green proceeded with his Report concerning the Customs of Tobaccoes.

Upon the Question, whether the Tobaccoes, that are merchantable, of English Plantations, not brought in by Force, ought to pay Two Pence per Pound;

The House was divided.
Sir H. Mildmay, For the Yeas.
Mr. Wheeler,
Sir Tho. Bowyer, For the Noes.
Mr. Boswell,
With the Yeas that went forth, - 73.
The Noes, that staid in,- - 58.

After farther Debate, the rest of the Votes were laid aside.

Seizure by Order of Council.

Ordered, That the Warrant, under divers of the Lords of the Privy Council's Hands, directed to the Marshal of the Admiralty, for Seizing of Mr. Vassall's Ship, shall be taken into Consideration To-morrow Morning.

Articles against Piercy, &c.

That the Business concerning the Articles against Mr. Piercy and Mr. Jermyn * * * * .

Resolved, upon the Question, That Captain Chudleigh shall be first called in, before the Report be made.

Captain Chudleigh was called in: And says, that Sucklin told him, that I should not depend upon what Commissary Wilmott, &c. said; for they had quitted their Affection to the Army, and were fallen to a parliamentary way."-

"This was in the Month of March, and before Colonel Goring went up to Portesmouth. "-

"He could not conjecture, by any Discourse, that ever he had with Mr. Davenant, that he knew any thing of any Design of bringing up the Army: Only, by the Discourse I had with him, I could discover an Affection he had to the Army, and that he charged me always to keep all Discourses between us secret, because the Times were dangerous."-

"All the Discourse he had with Davenant, was before Colonel Goring went to Portesmouth."-

"Whatsoever Sir Jo. Sucklin spake with him concerning any particular Intimations to the Army, though Davenant was then present, yet he whispered: Yet he spake some Generals openly."

"That the French would assist."-

"That the Clergy would maintain One thousand Horse."-

"That Part of the Commons House was much distasted with that Letter that came from the Army."

The only Proposition was, to know their Inclination for the Accepting of Colonel Goring for their Lieutenant General. General.

"Mr. Willmott, * Ashburneham, and Mr. Pollard, told me, that the House of Commons had real Intentions towards the Army; and that they should have martial Law, if it could stand with the Conveniency of the Commonwealth: And this they spoke with much Earnestness."

Serjeant Major Willis told him upon the Way, that the Clergy would furnish a Thousand Horse.

Ordered, That on Wednesday Morning next, at Nine of Clock, peremptorily, the Articles against Mr. Piercy, Mr. Jermyn, &c. shall be farther proceeded in.

Ordered, That Captain Chudley shall be discharged from any farther Attendance.

Impeachment of the Bishops.

Mr. Serjeant Wilde, according to an Order Yesterday, carried up the farther Impeachment against the Bishops.

Scotch Army.

Three Letters, directed to the Sheriffs of the Counties of Northumberland and Durham, and the Mayor of Newcastle, for the Giving their convenient Assistance to the Scotts, in the Carrying away their Artillery, Ammunition, and Baggage, the Scotts paying for their Pains.

Capuchins.

Ordered, That Sir Philip Stapleton shall forthwith go with this Message to the Lords:

To acquaint them, that this House takes notice, upon the Apprehension of the Father Sovereign of the Convent of Capuchins, that the Capuchins are very dangerous and active in seducing the King's People: And therefore they desire that some Course may be taken, according to the Agreement of the Committees upon the Ten Propositions.

Leave of Absence.

Mr. Whittlock has Leave to go into the Country.

Arrears due from Scotts.

These Provisoes are ordered, upon Question, at the Desire of the Scotts Commissioners, to the Order this Day made, concerning the Paying the Scotts, viz.

That in case there be not so much justly owing to the Counties, as the Sum of Thirty-eight thousand Eight hundred and Eighty-eight Pounds Eight Pence; the Parliament does undertake the Repayment of the Overplus to our Brethren the Scotts: And in case there be more owing to the Counties, that then our Brethren the Scotts shall be obliged for the Payment of the same.

This House does likewise undertake to procure Discharges from the Counties to our Brethren the Scotts, for the said Sums, and every Part thereof.

Answer from Lords

Sir Ph. Stapleton brings Answer, that their Lordships House is now very thin: And that they will take it into Consideration To-morrow Morning; and send Answer by Messengers of their own.

Convocation Books of Entries, &c.

Ordered, That the Original Books of the Entries of the Acts of the last Synod, which were delivered by Sackvill Wade publick Notary, unto William Wheeler Esquire a Member of this House, shall be delivered back again to the said Mr. Wade; so as the said Mr. Wade do deliver authentick Copies of the said Books, and of Two several Commissions concerning the Holding the last Convocation and Synod, which now remain in the said Mr. Wade's Hands, unto the said Mr. Wheeler for the Use of the said House of Commons.