House of Commons Journal Volume 2: 06 March 1641

Die Sabbati, 6 Martii, 1640.

PRAYERS

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.

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Mr. Maleurer has Leave to go down into the Country, having a Trial, which concerns his Estate very much, at Yorke Assizes.

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 usual Place.

Forests.

Ordered, That the Committee for the Forests do meet on Monday next at Two of Clock, in the Duchy-court.

Michaelmas Term.

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.

Petitions referred.

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 Affairs.

Turkish Pirates.

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 Committee.

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.