House of Commons Journal Volume 2: 20 April 1640

Die Lunæ, 20 Aprilis 1640.

PRAYERS.

Fast Day.

THERE was a Motion made, to put them in mind of the first Work of this Day, viz. To send a Messageunto the Lords, according to the Substance of the Paper

offered the last Day, by the Committee for the Fast, to intreat them to join with this House, in moving his Majesty to grant and appoint a Day for a Fast to be observed by both Houses, and another Day, for a Fast through the whole Kingdom.

This Message was moved to be sent by Mr. Secretary Windebank.

Ryegate Election.

Mr. Jones reports the Case of the Town of Rygate,- Three returned,- Mr. Thurland, Sir Jo. Bludder, Mr. Ro. Godwin;- Mr. Thurland's Election appeared clear, upon the View of the Indentures.-

The Case of the other two referred to the further Consideration of the Committee.

Ordered, That Mr. Thurland is well elected and returned, and may come and sit in the House.

And thereupon he was called into the House.

Grampound Election.

Grampound was the Second Case he reported.- Three returned,- Mr. Mohun, Mr. Koryton, Mr. Trevanion.- Appeared clearly, upon View of the Indentures, Mr. Trevanion well returned: And therefore,

Ordered, upon the Question, That Mr. Trevanion is well elected, and well returned, and may come [and] sit in the House.

Whereupon he was also called in.

Controverted Elections.

Motion,- That, where some are returned by the Sheriff, and others by private Hands, it may be ordered, that those returned by the Sheriff may sit, till their Election be quasht.- Nothing ordered upon this.

Plimpton Erle Election.

Motion made, concerning Sir Tho. Hele, and Sir Nicholas Slaning, chosen for Burgesses of the Borough of Plimpton Erle, in the County of Devon, chosen by the major Part of the Electors;- and that Sir Rich. Strode, not so chosen, returned himself.-Upon this, and the Desire,-whether the Third Indenture of Sir Richard Strode were delivered in to the Clerk of the Crown, by the Sheriff, or his Deputy, or by Sir Richard Strode himself; the Resolution of the House was, That this was properly to be examined by the Committee for Privileges.

Grievances.

Motion was made, that a select Committee may be appointed, to take the material Points of those Grievances, mentioned in those several Petitions delivered in to this House, or to be delivered from several Counties, and for all other Grievances as any Member of this House shall present.

Violation of Privilege of last Parliament.

Mr. Treasurer reports from the Committee for stating the Fact of the Violation of the Privilege of this House, the last Day of the last Parliament.-He reported, that he was helped by Mr. Lewknour's Notes, first in this manner:-

Mr. Speaker being pressed,-he answered, he was the Servant of the House,-"But let not the Reward of "my Service be my Ruin."-

The Reason why he left the Chair, was not to disobey you, but to obey his Majesty.-

"Being the King's Servant, doth not make me not "yours."-

"I will not say, I will not put the Question; but I "say I dare not."

Then he said he was further helped by Mr. Cage's Notes, thus:-

That the Speaker, so soon as he was set in his Chair, delivered his Majesty's Pleasure, That the House should be adjourned for a Sevennight, viz. till Monday the Second of March:

That he was commanded to leave the Chair presently, and to put no Question, but to wait upon his Majesty presently.

Being pressed again to put the Question, he answered, he was commanded to put no Question.

The Command itself being searched into, it appeared to be his Majesty's Command, by his Majesty's Declaration, printed 1628. P. 37.

Whether this Business, thus reported, as it appears upon the Matter of Fact, be against the Privilege of this House:

Whether it be not a Grievance, and a Breach of Privilege of this House, that the Speaker should not obey the Commands of this House:

Whether this House have not a Power to adjourn itself:

Whether the Speaker refusing to put any thing to the Question, being required to it by the House, though upon the King's Command, is a Breach of Privilege:

The Matter of Fact that appears is, that the Speaker did adjourn the House, by the King's Command, without the Assent of the House.-

A Representation to his Majesty, of that which passed the last Day of the last Parliament.

The Sorrow of the Commons for that which then passed.

Motion,-That a select Committee to prepare a Representation to his Majesty of the Violation of the Liberties of this House, that happened the last Day of the last Parliament, humbly beseeching his Majesty, that the like Violation may not hereafter be brought into Practice, to his Prejudice or ours.

Mr. St. John, Mr. Pimme, Sir Walter Erle, Sir Jo. Hotham, Mr. Hampden, Sir Wm. Litton, Mr. Corbett, Mr. Treasurer, Lord Russel, Mr. Secretary Windebank, Mr. Stapeley, Sir Tho. Withrington;

This select Committee is appointed to recollect and dispose the material Points of those Grievances mentioned in those several Petitions delivered from several Counties, or to be delivered, and all other Grievances of the like Nature; this Committee is to meet this Afternoon, in the Court of Wards, at Two of Clock.

After a long and various Debate, it was at last, upon the Question,

Resolved, That, in the Opinion of this House, the Speaker's refusing to put Questions, after a verbal Command by his Majesty, signified to this House by the Speaker, to adjourn, and no Adjournment made by this House, is a Breach of Privilege of this House.

The Manner of representing this to his Majesty is deferred to a further Debate To-morrow Morning.

Ship-money.

The several Officers of the several Courts, that were appointed last Day to attend this House this Day with all such Records as concern Ship-money, are injoined to be here again To-morrow, with the said Records.

Production of Records.

Upon the injoining those Officers to attend this House again with those Records, it was not only said here, but a Statute vouched for it, that the Records of the Court of King's Bench could be carried no-whither, but where the Lord Chief Justice of that Bench himself went with them. Whereunto Reply was made, that there was a Precedent, which without Doubt would be found out by To-morrow Morning, that the Lord Chief Justice has come himself hither with Records, that have been required by this House.