House of Commons Journal Volume 2: 24 April 1640

Veneris, 24 Aprilis, 1640.

PRAYERS.

Arundell Writ.

ANEW Warrant to issue forth, for a new Election of a Burgess for the Town of Arundell, in the room and stead of Lord Maltravers.

Sheriff of Oxford.

The Petition exhibited by some High Constable of Oxon, against the High Sheriff of that County, read, and Ordered * referred to the Committee, with whom other Petitions of this Nature are remaining; and they to consider of it.

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Privilege.

Ordered, a Warrant to issue forth under Mr. Speaker's Hand, to stay all Suits against him, commenced by Tho. Vincent, in the Name of one Corbett, during this Time of Parliament.

The Contempt of his Arrest to be declined, because it was not committed within Time of Privilege, viz. within Sixteen Days before the Beginning of the Parliament, or so many after.

Occupancy.

2^a vice lecta. An Act to prevent Inconveniences happening by Occupancy. -Upon Question, committed to Sir Tho. Bowyer, Sir Rich. Buller, and all the Lawyers of the House; to meet this Afternoon, at Four of Clock, in Lincoln's Inn.- Mr. Maynard to be intreated to take care of the Bill, and to report.

Privilege of Members.

It was said this Day in the House, and not contradicted, That every Member of this House had Privilege for Sixteen Days, exclusive, and Fifteen Days, inclusive, before the Beginning and Ending of every Parliament.

Michell Election.

Two Reports.-The First to restore Two Members, that were, -Mr. Courtney and Mr. Chadwell, that serve as Burgesses for the Town of Michell.

Mr. Cosworth and Mr. Bassett, chosen by Twentyfour. -Exceptions against the Manner of Mr. Chadwell's Election. -Mr. Courtney and Mr. Chadwell, chosen by the major Part of those that had true Power of Election.- One, Thirteen; and the other, Eleven:-Which were all that had Right of electing.-

Whether the Burghers had the Right of Election, or the Burghers and the Inhabitants. -They had the major part of Burghers; and also all the Inhabitants did condescend to their Election.

For the Time:- If this had been a great Town, and that all the Inhabitants had had Voice, this might have taken to be a Surprize.

Agreed, That this was a right lawful Election.

They excepted against the [* *] for a Year.-The Return made by a Portreve, once Sworn,- good.

In their Opinion, the Election of Mr. Courtney, and Mr. Chadwell, a good Election, and fit Members to be.

Upon Question, Resolved, That Mr. Courtney and Mr. Chadwell are well elected, and well returned, and are fit Members to sit in the House.

And the Serjeant ordered to call them in.

East Grinsteed Election.

East Grinsteed in the County of Sussex.

Complaint, against Mr. Godwin's Election.-The Election belongs to the free Burgageholders only.- Mr. Godwin got an Election by the Inhabitants.-

Sir H. Compton, by the Judgment of the Committee, clear, and well elected, and well returned.

Mr. White had Thirteen Voices.- Mr. Godwin had Fourteen Voices.-

Objection. -A Feoffment made by Mr. Goodwin, which did multiply Voices.

Mr. Goodwin affirmed, the Inhabitants, as well as the Burgageholders, had Right of Election.-Indenture produced to prove this;-One, Qu. M.-Eliz.- E. VI.-H. VIII.

Committee of Opinion, That the Right of Election, original.-

Committee of Opinion, That Mr. Goodwin-well elected, and well returned, and are fit Members to sit in the House.

Complained,-That this present Bailiff did threaten, before the Election; and, at the Election, threatened, that those that would not give to Mr. White,-and, since the Time of the Election, threatened the Witnesses that came to give Testimony for Mr. Goodwin, saying, that if they gave their Voices for him, their Servants should be prest, and their Carts taken; and other such Words of the like Nature.

On the Behalf of the Earl of Dorsett, it was affirmed, his Lordship had written to the Town, to make a fair and a very free Election.

Ordered, upon Question,-Sir H. Compton, and Mr. Goodwin, are well elected and returned Burgesses to serve in this Parliament for the Town of East Greensteed; and to be called in, to sit in the House.

Person sens for.

Ordered, upon the Question,-Ed. Blundell, Bailiff of the Borough of East Greensteed, shall be sent for by the Messenger of this House, as a Delinquent, for Misdemeanours by him committed, at, before, and since, the Election of the Burgesses for East Greensteed.

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Controverted Election.

The Petition of Sir Edw. Askew does not complain of the Election of Sir Jo. Wray, but of the Election of Sir Edw. Hussey.

Resolved, upon the Question,-Sir Jo. Wray clearly well elected, and ought to serve.

Resolved, upon Question, That the Indenture for Sir Edw. Askew shall forthwith be brought in, to be viewed by the Committee for Privileges.

Fast Day.

Mr. Secretary Windebank went up with a Message to the Lords, concerning a Fast, according to the Order Yesterday.

He reporteth, the Lords are very busy, and that they will send, when they are at better Leisure.

Petitions referred.

The High Constable's of Oxfordshire Petition read; and another also, from one Alexander Jennings, read, and referred, as the former Petition was.

Petition mislaid.

Mr. Daniel White, of Winchelsey in Sussex, delivered his Petition, upon Saturday last, to the Committee for Privileges: It being some way mislaid, it is desired, he may prefer a new Petition to the Committee, and that it may be admitted as exhibited upon Saturday last: And so it is ordered.

Message from Lords.

The Two Lords Chief Justices bring a Message from the Lords, That their Lordships do give this House many Thanks for their great Respects shewed unto them, in the Message sent to them this Day by us.- The Reason they could not be admitted was, by reason of the very great and weighty Businesses they are now in, the King being there present: So soon as ever the Leisure and State of the Affairs of that House would permit, they would give Notice by Messengers of their own.

Grievances.

These Heads following were by the Committee, according to Yesterday's Order, brought in, as Inducements and Matter for the Conference to be desired with the Lords:

Sir W. Erle reports from the Committee, appointed to prepare the Inducements for the Conference with the Lords, in hæc verba, viz.

I. Concerning Innovation in Matter of Religion.

1. The Commission that was lately granted to the Convocation House;-the rather, because of the Innovations brought in and practised, when there was no such Commission.

2. The Complaints arising from the Petitions brought in from the several Counties, by the Members of the House, against Innovations in Religion.

3. The Molesting and Depriving of godly and conformable Ministers, for not yielding to Matters enjoined without Warrant of Law.

4. The Publishing of Popish Tenets, in licensed Books, Sermons, and Disputations.

5. Restraining of conformable Ministers from preaching in their own Charges.

II. Concerning Propriety of Goods.

1. Monopolies, and Restraint of Trade.

2. Ship Money.

3. Enlarging the Bounds of Forests, beyond what they have been for some Hundreds of Years last past.

4. Military Charges, viz. Coat and Conduct Money, Wages, Arms taken from the Owners; forcing the Countries to buy or provide, at their Charges, Horses and Carts, by way of Tax.

5. The Denial of Justice in the Courts at Westminster, to the Subject's Prejudice, in Point of the Propriety of his Goods.

6. Frequent Imprisonments and Vexations for Non-payment of unwarrantable Taxes, and not submitting to unlawful Monopolies.

III. Liberties and Privileges of Parliament.

1. Punishing Men, out of Parliament, for things done in Parliament.

2. That which is already voted in the House, concerning Privilege of Parliament.

3. Sudden Dissolving of Parliament, without Redress of Grievances.-Laid by for the present, and not put to the Question.

Lastly, (as that which relates unto all, and is a great Cause of all the former Grievances)-The not Holding of Parliaments every Year, according to the Laws and Statutes of this Realm.-Laid by for present, and not put to the Question.

Grievances.

That Business of Pressing the Trained-bands, out of the Counties, was only moved; and nothing more done in it at this Time.

A Transcript of the Commission lately granted to the Convocation House, was read.

Motion was made, that this House might be informed, by what Means this Transcript was had.

Whereupon Mr. Holborne, One of that select Committee, that was appointed to view this Commission; said, that, according to this House's Order, they repaired to the Lord ^{* *}, who told them, that if they had come to him before any Question had been made of this Business,-but now desired, he might first acquaint his Majesty; which he did; and, at our Repair again unto him the same Evening, he gave us Leave, not only to see it, but to have this Transcript of it.

The first Question was, upon the Commission that was lately granted to the Convocation,-Whether this Matter of the Commission, lately granted to the Convocation; shall be One of the Heads of the Conference with the Lords, to the End to prevent any Innovations in Matter of Religion.

Innovation in Matter of Religion.

1. Resolved, upon the Question, That, in this Conference with the Lords, for Prevention of Innovations in Matter of Religion, there shall be Use made of this Commission lately granted to the Convocation, the rather because of the Complaints of Innovations practised before the Grant of this Commission.

2. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be made of the Complaints arising from the Petitions, brought in by the several Members of the House from several Counties, against Innovations in Matter of Religion.

3. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be made of the Complaints that have been made here for the Molesting and Depriving of godly and conformable Ministers, for not yielding to Matters enjoined, complained of to be without Warrant of Law.

4. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be made of the Complaints that have been made, for the publishing of Popish Tenets, contrary to the Doctrine of the Church of England, in licensed Books, Sermons, and Disputations.

5. Resolved, upon the Question, That, in this Conference with the Lords, Use shall likewise be made of the Complaints that have been made, touching the Restraint of conformable Ministers from preaching in their own Charges.

Propriety of Goods.

1. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be made of the Complaints that have been here presented, touching Monopolies, and Restraint of Trade.

2. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be made of the Complaints that have been, touching Ship Money.

3. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be made of the Complaints that have been had, of enlarging the Bounds of Forests, beyond what they have been for some Hundreds of Years last past.

4. Resolved, upon the Question, That, in this Conference with the Lords, Use shall likewise be made of the Complaints that have been had, concerning military Charges, viz. Coat and Conduct Money, Wages, Arms taken from the Owners; forcing the Countries to buy or provide, at their Charges, Horses and Carts, by way of Tax.

5. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be likewise made of the Complaints that have been had, concerning Denial of Justice in the Courts at Westminster, to the Subject's Prejudice, in point of the Propriety of his Goods.

Grievances.

6. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be likewise made of the Complaints that have been, for the frequent Imprisonments and Vexations for Nonpayment of unwarrantable Taxes, and not submitting to unlawful Monopolies.

Liberties and Privileges of Parliament.

1. Resolved, upon the Question, That, in this Conference with the Lords, Use shall be likewise made of the Complaints that have been, touching the Punishing of Men out of Parliament, for Things done in Parliament, in Breach of the Privilege of Parliament.

2. Resolved, upon the Question, That, in this Conference with the Lords, Use shall likewise be made of that which is already voted in this House, touching Privilege of Parliament.

The other Propositions,-of sudden Dissolving of Parliaments, without Redress of Grievances,-and that, Of not holding Parliaments once a Year,-and that, Of pressing the Trained-bands out of their proper Counties,-were for this present laid aside, and not put to the Question.

Mr. Treasurer, Mr. Comptroller, Mr. Secretary Windebank, Mr. Holborne, Mr. Edw. Hide, Mr. St. Johns, Dr. Jones, Dr. Eden, Sir Rob. Harley, Mr. Vaughan, Sir Ben. Rudyard, Sir M. Fleetewood, Mr. Pimme, Mr. Hampden, Sir Tho. Barrington, Sir Fr. Seymour, Mr. Crew, Sir H. Martyn, Mr. Bridgman, Mr. Grimston, Mr. Kirton, Sir Jo. Strangeways, Sir Peter Heyman, Sir Walth. Erle, Mr. Lentall, Sir Oliver Luke, Sir Wm. Masham, Sir Christ. Hatton, Sir Rob. Cooke, Ld. Digby, Sir Jo. Hotham, Sir Hugh Cholmely, Sir Jo. Culpepper, Mr. Maynard, Mr. Hatcher, Ld. Ruthyn, Mr. Glinne;

This Committee is to use all Expedition in preparing and giving Directions for the Managing of the Business of this Conference; and have Power to send for Records and Witnesses; and are to report it to the House To-morrow Morning, if possible; and are to meet this Afternoon at Two of Clock, in the Court of Wards.

Mr. Vassall moved that his particular Grievance, of having his Goods, viz. Six hundred and odd Pounds, detained from him, by Colour, as he said, of Orders from the Lords of the Privy Council, might be inserted as one of the Inducements for this Conference: But it was said, it might serve for an Instance in One of the Particulars contained under the Head of Propriety of Goods; and so it was passed by, and no further Resolution taken in it.