House of Commons Journal Volume 2: 08 July 1641

Die Jovis, 8 Julii, 1641.

PRAYERS.

Collins', &c. Petition.

THE humble Petition of Walter Collins, and John Stanford One of his Majesty's Messengers in ordinary, was this Day read; and laid aside for this Time.

Weaving Trade.

Ordered, That the Citizens and Burgesses that serve for the City of London, be added to the Committee for the Bill of Weavers.

Poll-money.

That any Man, that is not a Member of this House, that shall pay his Money, appointed him to pay, by the Act intituled, An Act for the speedy Provision of Monies for the Disbanding of the Armies, &c. into the Chamber of London, shall receive an Acquittance for so much as he shall pay : And an Acquittance under the Hands of the Treasurers appointed to receive the said Monies, in such manner as is expressed in the said Act, shall be a sufficient Discharge for him, in the Country, for so much Monies, as it shall appear by the Acquittance he hath paid.

Moved, That one of the Citizens that serve for the City of London, shall repair to the Lord Mayor and the rest of the Treasurers appointed to receive the Monies appointed by the said Act of Parliament, may sign Acquittances, and give Order for the People to be there all Day long, for the Receiving of such Monies : But it was answered, by One of the said Citizens, that there needed no Order for this Particular; for there was Care already taken for it.

Appropriation of Money.

Ordered, That, out of the Monies that shall be paid in here, in the South, by Directions of the Act of Parliament, intituled, An Act for the speedy Provision of Monies for disbanding the Armies, &c . Fifty thousand Pounds shall be paid to Sir Wm. Uvedale, for the Disbanding of the King's Army: And that the said Sir Wm. Uvedale shall likewise receive the Monies, by the said Act appointed to be paid at Yorke, for the said Service: And that, when those Fifty thousand Pounds shall be paid to Sir Wm. Uvedale, the Residue of the Monies appointed to be paid here, in the South, by the said Act, shall be paid into the Hands of the Ear! of Warwicke, for the Relief of the Northern Parts, until he shall have received Sixscore thousand Pounds: And that Acquittances, under the Hands of Sir Wm. Uvedale and the Earl of Warwicke respectively, shall be a sufficient Discharge to the Treasurers appointed by the said Act, for such Monies as the said Treasurers shall, by virtue of this Order, pay unto the said Sir Wm. Uvedale and the Earl of Warwicke respectively, for the Uses and Services aforesaid.

And it is further Ordered, That the Knights and Burgesses of those Counties, that are appointed to pay in their Monies at Yorke, shall write down Letters to the several Counties, Cities, and Boroughs, to move them for the speedy Paying of these Monies, in the same Manner as is appointed and directed in that Act: And the said Knights, Citizens, and Burgesses, are likewise required, with all Speed, to send down the printed Act, and the Proclamations issued forth for the Payment of the Monies.

Priests and Jesuits, &c.

This House doth Declare, That no foreign Ambassador whatsoever ought to shelter or harbour any Popish Priests, or Jesuits, that are Natives of the King's Dominions, under Pretence of being their Servants, or otherwise: And that the Committee of this House for the Ten Propositions shall present this Declaration to that Committee of the Lords; to the end that their Lordships may join with this House to petition his Majesty, that this may accordingly be observed.

The other Proposition, concerning the transporting of Irish Soldiers, under the Command of Popish Commanders, was now laid aside; but ordered to be considered of by the Committee of Forty-eight, and by them presented to the Lords.

Abolishing Episcopacy.

Mr. Speaker left the Chair.

Mr. Hide called to the Chair:

And the whole Committee, concerning the Bishops Bill, according to an Order made on Tuesday last, reported to the Grand Committee the said Bill.

Mr. Speaker resumed the Chair.

Cessation of Arms with Scotland.

A Message from the Lords, by the Master of the Rolls and Justice Mallett;

The Lords desire, that the Committee for this House appointed for the Cessation of Arms may meet with the Committee of their House, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer returned, by the same Messengers;

This House has taken into Consideration their Lordships Message; and is resolved, the Committee shall meet as is desired.

Leave of Absence &c.

Captain Digby has Leave to go into the Country; provided that he pay his Poll-money.

Committee of both Houses.

Mr. Strode is appointed to go to the Lords, with a Message, to desire their Lordships to appoint a Time, when the Committees of both Houses for the Ten Propositions may meet de die in diem, without Adjournment.

Cessation of Arms with Scotland.

Sir John Colpepper reports from the Committee; That the Earl of Bristoll acquainted the Committee, that the Time for the Cessation of Arms expired on Monday next.

That the Lords had assented unto a Cessation for Fourteen Days longer from that Day, upon the same Terms as formerly, if the Treaty shall so long continue. -

Leave of Abfence.

Mr. Trelawney has Leave to go into the Country, for some convenient Time. -

Cessation of Arms with Scotland.

- Resolved, upon the Question, That this House doth assent unto a Cessation of Arms for fourteen Days longer, from the End of this Cessation, upon the same Terms as formerly, if the Treaty shall so long continue.

Sir John Colpepper is appointed to acquaint the Lords, by a Message, with this Assent of the House to a further Cessation.

White and King.

Resolved, &c. That Mr. White and Mr. King shall be excused from the Second Week of their Reading, by reason of their Service in this House.

Committees of both Houses.

Mr. Strode brings Answer, that the Lords have appointed this Afternoon, at Four of Clock, for the select Committees of both Houses for the Ten Propositions to meet: and so to meet de die in diem.

Abolishing Episcopacy.

Mr. Speaker left the Chair.

Mr. Hide called to the Chair.

And the Committee proceeded with the Bill concerning Episcopacy.

Ordered, That To-morrow at Eight of Clock the House shall be resolved into a grand Committee, to resume the Debate concerning the Bill of Episcopacy: And Mr. Speaker is to put the House in mind of this Order; and to interrupt any other Business at that Time.

Message to Lords.

Mr. Pym went up with this Message to the Lords;

To acquaint their Lordships, that this House intends to sit this Afternoon; and do desire their Lordships to do the like, if it shall stand with the Conveniency of their House: And likewise, to desire a Conference, by a Committee of both Houses, concerning his Majesty's Manifesto, sent from the Lords, touching the Palatinate.

Answer.

Mr. Pym brings Answer, that the Lords will sit this Afternoon, at Four of Clock; and will then likewise give a Conference, by a Committee of the whole House.

Counsel in the Lords.

Mr. Rigby has Leave to be of Counsel with Knipe and others, before the Lords.

Votes concerning Whittaker.

That the Votes that concern Mr. Lawrence Whittaker, a Member of this House, shall be respited, till the House shall sit this Afternoon; and that he shall have Notice to be here at that Time.

Bp. of Bath and Wells.

That the Report concerning the Bishop of Bath and Wells shall be made on Monday Morning next.

House to sit.

That the House sit this Afternoon at Three of Clock.

Levying Men in Ireland.

The Committee of Forty-eight to propound unto the select Committee of the Lords; that Care may be taken, and Consideration had, concerning several Commissions granted for the Levying of Men in Ireland, to the Number of Fourteen thousand Men, as is informed, and all of them Papists; to the end, to be transported, as is conceived, to Princes not well affected to this Kingdom: And that Popish Commanders may not have such Power by Commission, as is of late granted unto them.

Proceedings concerning Lynall.

Referred to the Committee for Bishop Wren, to consider of the Matter concerning the Depriving of Edmund Lynall a Minister; and to report that Particular to the House.

* * * *

Privilege- Prosecution of Members.

Resolved, upon the Question, 10. That Sir George Crooke Knight, then One of the Judges of the King'sbench, is not guilty of this Delay.

11. That the Continuance of Mr. Hollis, and the rest of the Members of Parliament, 3° Car. in Prison, by the then Judges of the King's-bench, for not putting in Sureties of the good Behaviour, was without just or legal Cause.

12. That the Exhibiting of the Information against Mr. Hollis, Sir John Elliott, and Mr. Valentine, in the King'sbench, being Members of the Parliament, for Matter done in Parliament, was a Breach of the Privilege of Parliament.

13. That the Over-ruling of the Pleas, pleaded by Mr. Hollis, Sir John Elliott, and Mr. Valentine, upon that Information, to the Jurisdiction of the Court, was against the Law and Privilege of Parliament.

14. That the Judgment given upon a Nihil dicit against Mr. Hollis, Sir John Elliott, and Mr. Valentine, and Fine thereupon imposed, and their several Imprisonments thereupon, was against the Law and the Privilege of Parliament.

15. That the several Proceedings against Mr. Hollis, and the rest, by committing them, and prosecuting them in the Star-chamber, and in the King's-bench, is a Grievance.

16. That Mr. Hollis, Mr. Strode, Mr. Valentine, and Mr. Long, and the Heirs and Executors of Sir John Elliot, Sir Miles Hobard, and Sir Peter Hayman, respectively, ought to have Reparation for their respective Damages and Sufferings, against the Lords and others of the Council, by whose Warrants they were apprehended and committed; the Council that put their Hands to the Information in the Star-chamber; and the Judges of the King's-bench.

17. That Mr. Lawrence Whittaker, being a Member of the Parliament, 3° Car. and entering into the Chamber of Sir John Elliott, being likewise a Member of that Parliament; searching of his Trunks and Papers, and sealing of them; is guilty of the Breach of Privilege of Parliament; this being done before the Dissolution of the Parliament.

Resolved, upon the Question, That Mr. Lawrence Whittaker, being guilty of the Breach of the Privileges, as aforesaid, shall be sent forthwith to the Tower; there to remain a Prisoner during the Pleasure of the House.

Mr. Whittaker was called down; and kneeling, at the Bar, Mr. Speaker pronounced this Sentence against him.

Post Meridiem

Ten Propositions.

THE Committee of Forty-eight, according to the Order of the Forenoon, went up to meet with the Committee of the Lords, concerning the Ten Propositions.

Privilege- Prosecution of Member.

The Order concerning the Votes of the Committee for the Breach of Privileges, of tertio Car. that touched upon Mr. Lawrence Whittaker, was read; and then the Votes of the Committee were read; and he was heard to speak for himself.

Mr. Whittaker does not deny, but that he did search, and seal up the Chamber, and Trunks, and Study of Sir John Elliott; but did endeavour to attenuate it by the Confusion of the Times, at that time; the Length of the Time since the Crime was committed, being Thirteen

Years; the Command that lay upon him, being commanded by the King, and three-and-twenty Privy Counsellors.

Earl of Leicester's Letters.

A Message from the Lords by J. Heath and Sir Edw. Leech;

The Lords desire a free Conference, by a Committee of both Houses, concerning a Message they formerly received, touching the Earl of Leicester's Letters, presently, if it may stand with the Conveniency of this House, in the Painted Chamber.

Answer returned by the same Messengers;

This House has taken their Lordships Message into Consideration; and will give a present Meeting, by a Committee of the whole House, as is desired.

Mr. Pym, Mr. Glyn, Sir Gilbert Gerrard, Mr. Treasurer, Sir Hen. Mildmay, are appointed Reporters, and Managers, of this Conference.

Mr. Pym reports the Conference had with the Lords, concerning a Message formerly sent from this House, touching the Earl of Leicester's Letters:

"That the Lord Wharton begun, saying, He did not know, how the Knowledge of my Lord of Leicester Opening of his own Letters, and detaining others in his Packet, came to this House, being done in the Presence of Members of their House; but he would not question That, at this time: He said further, that my Lord Leicester had made a Relation touching the same to the Lords, which had given them Satisfaction; and he would leave it to my Lord Leicester to make the same to this House; which he hoped would give us also Satisfaction."

"Whereupon my Lord Leicester said, he was sorry it was his Misfortune to be accounted guilty of Neglect unto this House: He ever had an honourable Opinion of this House: He said, he heard the Lords Committees were opening of Letters that came by the foreign Post; and that they did forbear to open his Packet till he came; where he did open the Packet, and found Five Pieces in it, that is, Five Parcels; One to Mr. Wakerin, Mr. Treasurer's Secretary, Two to Mr. Withrins the Post-master, and One to Mr. Treasurer."

Proceedings concerning Wilmott, &c.

Resolved, upon the Question, That Commissary Wilmott, and Colonel Ashburnham, shall be bailed, in the same manner as Captain Pollard was heretofore bailed. Resolved, &c. That a Warrant shall issue under Mr. Speaker's Hand, to the Lieutenant of the Tower, requiring him to deliver into the Hands of the Serjeant, Commissary Wilmott, now a Prisoner under his Custody, by order of this House:

It is further Ordered, That the said Mr. Wilmott, and Mr. Ashburnham, shall be bailed, upon the Security mentioned in the Petition; and upon the like Sums as Mr. Pollard was formerly bailed.

Colonel Goringe, Commissary Wilmott, and Colonel Ashburnham, are injoined, from this House, not to offer any Act of Violence one upon another, upon any Resentment of any thing that has passed here, in the Discovery of this great Design, under which the said Mr. Wilmott, and Mr. Ashburnham lie accused.

Colonel Goring, being now in the House, rose up; and, in his Place, did protest punctually to observe this Order and Injunction of the House.

Commissary Wilmott, and Colonel Ashburnham, are likewise required to satisfy this House, under their Hands, that they will observe this Order of the House.

Bailing Davenport.

Upon Reading of the Petition of Mr. Wm. Davenant, it was

Resolved, upon the Question, That Mr. William Davenant shall be bailed, upon such Bail as this House shall allow of.