House of Commons Journal Volume 2: 09 November 1640

Lunæ, 9 Novem. 1640.

PRAYERS.

Members make Election.

SIR Nicholas Slaning chooses to serve for Penryn in Cornwall, and waves Plimton in Decon.

Sir Chr. Hatton chooses to serve for Higham Ferries in Northampton, and waves Castle Rising in Norfolk.

Somerset Petition.

A Petition of the Freeholders within the County of Somerset, referred to the Committee for Privileges.

Members doubly returned.

Ordered, That this general Order, for those that are doubly returned, shall not bind Mr. Wm. Herbert, now extra regnum.

Members make Election.

Mr. Oldsworth chooses to serve for Sarum, and waves Plimton in Devon.

Sir Tho Cheeke chooses to serve-Harwich in Essex, and waves Berealston in Devon.

Choice of Election respited.

Sir Edward Alford, chosen for Teuxbury in Gloucestershire, and for Arundell in Sussex, has Leave to respite his Choice till Thursday come Sevennight; because his Election was doubtful for Teuxbury.

Creswell's &c. Election.

The Business concerning the Election of Serjeant Creswell, and Mr. Coventry, and Mr. Sandys, is referred to the Committee for Privileges.

Members make Election.

Mr. Strode, returned for Tamworth in Staffordshire, and Berealston in Cornewall, chooses to serve for Berealston, and waves Tamworth.

Lord Buckhurt chooses to serve for East Greensteed in Sussex, and waves Steyning in Com. præd.

Mr. Arundell, closen to serve for Bodmyn, and for St. Michell in Cornewall aforesaid, chooses to serve for Bodmyn, and waves Michell.

* * * commanded by his Majesty * * *

Copies of Report.

Ordered, That the Clerk shall cause Copies to be made of this Report, and deliver them to such Members as shall require them.

Fast Day.

Sir Thomas Roe went up with a Message to the Lords, concerning a Fast, according to Saturday's Order, accompained with such as pleased to go up.

Petition against Warner.

The humble Petition of the Freeholders of the County of Warwick read; and the Misdemeanours of the High Sheriff of the said County, therein complained of, being averred to be true, by Mr. Combe, a Member of this House; it was thereupon.

Ordered, That George Warner, Esquire, Sheriff of the said County of Warr. shall be sent for as a Delinquent, to answer his Misdemeanours to this House.

Somerset Petition.

The Petition of the Freeholders of the County of Somerset, referred to the Committee for Privileges.

Marlo Magna Election.

Mr. Maynard's Report-That Mr. John Burlace and Mr. Ipsly were returned to the Clerk of the Crown, to serve as Burgesses for Marlo Magna in Com. Bucks; afterwards, the Under-Sheriff brought another Indenture, wherein John Burlace and Mr. Hobby were returned; which last Indenture was not accepted by the Clerk of the Crown, because he had a former Return, as aforesaid; And the Under-Sheriff confessed, he was advised by the High-Sheriff, not to make the Return of the Indenture, wherein Mr. Ipsly was returned; yet afterwards brought this Indenture, which was formerly refused, and left it at the Crown-office; whereby came the Question of this double Return.-The Opinion of the Committee was, that Mr. Burlace, named in both Indentures, ought to be admitted to sit in this House: 2. That Mr. Hobby, returned in the other Indenture, ought to forbear the House: 3. That the Under-Sheriff hath committed a Misdemeanour; and ought to be sent for as a Delinquent.

Resolved upon by the House, Mr. Burlace is well elected, and a fit Member to sit in this House.

That Mr. Hobby is to forbear to sit till his Election be determined.

Person sent for.

Resolved also, That the Under-Sheriff of the said County of Bucks shall be sent for as a Delinquent.

Peterborough Election.

Mr. Maynard did further report, that Sir Robert Napper, Mr. Fitz William, and Mr. Geo. Fane, were returned for Peterborough in Com. *; and, that it was the Opinion of the Committee, that Mr. Fitz William ought to be admitted into the House, to sit as a Member; and Sir Ro. Napper and Mr. Geo. Fane to forbear, till the Elections be determined.

Resolved, by the House accordingly.

Tukesbury Election.

Mr. Maynard further reported, that Sir Ro. Cooke and Mr. Stephens were returned in One Indenture, as Burgesses for Tukesbury; and, in another Indenture, Mr. Craven and Sir Edvard Alford were likewise returned as Burgesses for the said Place: That these Returns were directly the one contrary to the other. The Committee conceive it fit, that all these Four Persons, thus returned, forbear to sit in the House, till the Election be determined; and that Tho. Hale, the Bailiff of Tuksbury, be sent for as a Delinquent, for returning Two Indentures, the one contrary to the other: That He that returned the Third Indenture, it appears not, He committed a Misdemeanour.

Resolved by the House accordingly, That Mr. Stephens, Sir Ro. Cooke, Mr. Craven, and Sir Ed. Alsford, forbear to sit in the House, till their Elections be determined.

Resolved, That Mr. Hale, the Bailiff of Tuksbury, be sent for by a Serjeant at Arms, as a Delinquent.

Resolved, That * Plebe, * Moderne, Bailiffs, do not appear, as yet, to have committed any Misdemeanour; therefore not to be sent for.

Fast Day.

Sir Tho. Rowe's Report of the Message touching a Fast.

"According to the Command of this House, I have attended the Lords, and delivered the Message. It pleased my Lord Keeper to make Distinction of the Two Parts, that his Majesty should be moved by both Houses, first, for a Fast for both Houses, and the City, and next, for a general Fast through the whole Kingdom. His Lordship did gladly receive this Motion from this House; and will join in a Humble Petition to his Majesty; and will render you an Account."

London Petition.

Petition of the City of London read:

Message from the King.

Presently upon the reading of which Petition, Mr. Treasurer delivered this Message from his Majesty, first reading it in a Paper, and after delivered it to the Clerk, to be read:

* * * *

Moved, That the Gentlemen near the Chair may be intreated from this House, to return Thanks to his Majesty for his gracious Message.

Fast Day.

Message brought from the Lords, by Mr. Attorney General, and Sir Ro. Rich, One of the Masters of Chancery;

The Lords have sent us with this Message to the House of Commons; that their Lordships have presented unto his Majesty the humble Desires of both Houses, concerning a Fast. His Majesty hath been pleased to give a gracious Answer; and desires a present Meeting of both Houses, concerning the Time, and other Particulars.- The Number of the Lords are Twelve.

Mr. Speaker's Answer, in the Name of the House; That this House hath considered of the Message, and will give the Lords a Meeting presently.

Mr. Treasurer, Sir Tho. Row, Mr. Jo. Hampden, Sir Ben. Rudyard, Lord Fairfax, Lord Russell, Lord Digby, Lord Waenman, Lord Ruthen, Mr. Fynes, Mr. Porter, Sir Fra. Seymour, Sir Sidney Mountacue, Lord Rich, Mr. Pym, Sir Jo. Strangwayes, Mr. Comptroller, Lord Harbert, Col. Gouring, Sir Miles Fleetwood, Lord Cramborne, Mr. Bellasis, Lord Buckhurst, Mr. Secretary Windebanke;

This Committee is to go up to meet with the Committee of the Lords.-Sir Tho. Row to make the Report.-Mr. Hampden, and Mr. Pym, to assist him.

Sir Tho. Rowe's Report from the Committee that went up to the Lords; "that a Committee of Twelve of the Lords having met the Committee sent by this House, concerning their Resolutions of the Time for a Fast; their Lordships were pleased to send my Lord of Canterbury, my Lord Marshal, and my Lord Chamberlain, to signify the Requests of both Houses;- His Majesty did graciously condescend to their Desires; referring to this Committee to appoint a Time, for both their Contents.- My Lords did therefore make a Motion unto us of the Committee of this House, that, upon Resolution with themselves, if this House thought it fit and convenient, that the particular Fast for both Houses and the City of London, might be on Tuesday come Sevennight; and for the public Fast through the Kingdom, to be To-morrow Month. They did think we had been prepared to have given them an Answer; and desire you instantly to send them Word; for they will sit purposely, till you send an Answer."

Resolved, upon the Question, That the particular Fast for both Houses, and for the City of London, shall be on Tuesday come Sevennight; and the general Fast, on Tuesday come Month.

The same Committee went up with this Answer to the Lords.

Leighton's Petition.

The humble Petition of Alexander Leighton, Prisoner in the Fleet, read.

Fast Days.

Sir Tho. Rowe reports, that the Committee appointed by this House to go up to the Lords, to deliver unto them the Days for a Fast;- that they have generally, with one Vote, consented and agreed unto those Days; that is, for a Fast of both Houses, and the City of London, Tomorrow Sevennight; and for the general Fast of the Kingdom, To-morrow Month. And for the Explanation of those Words, "for the City of London," it is their Meaning, to move his Majesty, that London, and all the Suburbs, and adjacent Places, mentioned in the printed Bills of Sickness, may keep the Fast likewise that Day.

Preachers appointed.

Resolved, upon the Question, Mr. Marshall and Dr. Burgess to preach at the Fast, on Tuesday come Sevennight.

Members to take the Communion.

Resolved, upon the Question, That the next Lord's Day, commonly called Sunday, after the Fast, shall be appointed for receiving the Communion, by all the Members of this House at St. Margarett's in Westminster; and Mr. Gawdy to preach in the Forenoon, and Mr. Morley in the Afternoon.

The Burgesses of Westminster to be intreated to take Order the Place be made ready.

Sir Henry Mildmy undertakes to give Notice to Mr. Gawdy; Lord Harbert, to Mr. Morley; Sir Ro. Harley, to Mr. Marshall; Mr. Pym, to Dr. Burgesse.

Ditto.

Mr. Pym, Sir Ro. Harlow, Mr. White, Sir Wm. Massym, Mr. St. John, Sir Hen. Milmy, Mr. Hampden, Sir Guy Palmes, Sir Arthur Ingram, Sir Ben. Rudyard, Mr. Rous, Sir Jo. Strangwayes, Sir Fra. Seymour, Mr. Grimston, Sir Wm. Litton, Sir Hen Vaine;

This select Committee is to take some Course, to prevent Profanation and Rejection of the Sacrament; and for the Securing of this House, that no Papist sit here amongst them; and to take into Consideration some Way for the Members of this House to bring, with convenient Speed, Certificates when, and where, they received the Sacrament last; and to choose Six out of their own Number, for Disposing of the Moneys offered at the Receiving of the Sacrament; and are to meet To-morrow in the Afternoon at Four a Clock, in the Exchequer Chamber.

Naming Committees.

Moved, That every Man that names One for a Committee, shall stand up, and, being uncovered, name the Party.

Proceedings concerning Leighton.

The humble Petition of Mr. Alex. Leighton again read; because many of the Members, that went up with the Message, were not present at the first Reading.

Ordered, That Alex. Leighton, a Prisoner in the Fleet, shall have Liberty, by Warrant of this House, to go abroad, in safe Custody, to follow his Petition exhibited here.

That the Warden [of the Fleet] shall appoint him a Keeper, to go abroad with [him, gratis]; and that he be removed out of the common Prison, [where] now he is, unto some more convenient Place: and have the Liberty of the Fleet.

Mr. Hampden, Mr. Stroode, Alderman Penington, Sir Edw. Hungerford, Mr. Kirton, Mr. Hollis, Mr. Valentine, Mr. Peard, Ld. Digby, Mr. St. John, Mr. Seldon, Mr. Rous, Mr. Pym, Mr. Bagshaw, Mr. Grimston, Mr. Cromwell;

This Committee is to take into Consideration Mr. Leighton's Petition; and hath Power to send for Parties, Witnesses, Warrants, Records, or any other Papers, that may conduce to the Business; and to assign and hear Counsel. And the Matter, concerning the Sheriff, complained of in the said Petition, is referred to the same Committee: And they are to meet To-morrow in the Afternoon, in the Exchequer Court, at Two of the Clock.

Popish Recusants.

Sir Walter Earle, Mr. Pym, Sir Tho. Barrington, Sir Jo. Culpeper, Sir Tho. Row, Mr. Spurstow, Sir Jo. Hotham, Mr. Hampden, Sir Arthur Ingram, Sir Guy Palmes, Mr. Grimston, Sir Jo. Strangwayes, Sir Tho. Pelham, Mr. Stapley, Sir Wm. Masham, Mr. Hen. Bellasis, Sir Hen. Milmy, Mr. Goodwyn, the Knights and Citizens of London, the Knights for Middlesex, the Burgesses for Westminster and Southwark;

This Committee hath Power to make Inquiry, what [Number of] Papists are in and about London, and Ten [Miles thereof;] and how they are armed; and that after the King's Proclamation shall come forth, for Disarming of the Popish Recusants, and Removal of them, according to his Majesty's gracio as Message, then to see how that Proclamation hath /?/ executed: Hath Power to send for any Records, or Papers, that may inform the Committee of any Dispensations, Discharges, or Immunities granted to Recusants, for Exempting of them from the Penalties of the Laws: And are to meet at Four a Clock this Afternoon, in the Exchequer Chamber.

Privilege.

The Petition of John Browne, Servant to William Pryn, Esquire, close Prisoner in the Island of Jersey, read; and thereupon

Resolved, upon the Question, That the said Mr. Pryn shall forthwith be sent for hither, in safe Custody, by Warrant of this House, directed to the Governor of the Ise of Jersey, and Captain of the Castle there; and that the Cause of his Detainer may be certified hither also.

Lilbourne's Petition.

The Petition of Jo. Lilburne, close Prisoner in the Fleet, read; and the Petition, with the Certificates annexed, is referred to the Committee for Mr. Leighton's Petition: And Mr. Lilburne is to have the same Liberty with Mr. Leighton: And Mr. Cromwell is to be added to that Committee: And the Committee is to have the same Power in respect of Mr. Lilburne, as it hath in respect of Mr. Leighton.

Meliorating Grounds.

The humble Petition of the Inhabitants of the County of Lincoln read:

Moved, That a special Committee may be appointed, to take into Consideration all such Petitions as complain of Commissions granted for Meliorating of Grounds.

Grievances of York.

Articles of Grievances, delivered in from the County of York, read:

Grievances of Kent.

Sir Jo. Colepeper, represented the Grievances of Kent, by Word of Mouth.

Monopolists disabled to sit.

Upon the Question, That all Projectors and Monopolists whatsoever; or that have any Share, or lately have had any Share, in any Monopolies; or that do receive, or lately have received, any Benefit from any Monopoly or Project; or that have procured any Warrant or Command, for the Restraint or Molesting of any that have refused to conform themselves to any such Proclamations or Projects; are disabled, by Order of this House, to sit here in this House: And if any Man here knows any Monopolist, that he shall nominate him:

That any Member of this House, that is a Monopolist, or Projector, shall repair to Mr. Speaker, that a new Warrant may issue forth; or otherwise, that he shall be dealt with as with a Stranger, that hath no Power to sit here.

Resolved, upon the Question, That the Word "unlawful" should be joined to the Word "Monopolists."

This Order was resolved upon the Question, by one unanimous Vote.

Members make Election.

Sir Jo. Clatworthy, chosen to serve as a Burgess for Bosny in Com. Devon. and for Malden in Essex, chooseth to serve for Malden, and waves Bosny.

Lord Digby, chosen One of the Knights for Dorsetshire, and One of the Burgesses for Milbourne Port in Dorsetshire, chooseth to serve as Knight for Dorsetshire, and waves Milbourne Port.

Petitions to be read.

Essex Petition, first to be read To-morrow, and Norfolk next.

Memorandum, Those that preferred these Petitions, took them again into their own Custody.

Member makes Election.

Lord Lisle [returned] for Yarmouth in the Isle of Wight, and St. Ives [in Cornwall] chooses to serve for Yarmouth, and waves St. Ives.