John Pym and the Short Parliament

Note 1 Petition & Privileges Committees Given Powers

Lords · 28–29 April 1640 · p83

Henry Presse. Peticion. The maior and 2 sergeants to be sent for and the pt too.

Ordered that the Committees of Peticons and Priviledges shall have power to sende for any persons they please to prepare businesses for the House.

Note 2 Resolution: All Petitions to be Signed

Commons · 21 April 1640 · p199

It was moved that there might be copies of ye records off ye Kings bench. Saving ye priviledge off this house.

A petition preferred by a particular man not of ye house ought to be signed by him, otherwise not to be read.

It was said all committees were to forbeare sitting when ye King was to be attended.

Note 3 Abstract of the Need for Redress

House of Commons · April 1640

"Mr Speaker, the disseases and distempers that are now in our body are grown to that height that they pray for and importune a cure, and his Majesty out of a tender care and affeccion to his people like a nursing father hath now freely offered himselfe to heare our greivances and complaints."

Mr Speaker, wee cannot complayne yt wee want good Lawes, the witt of man can not invent better then are already made — there wants only some Examples that such as have been the Authors and Causers of all our miseryes and distraccions in Church and Commonwealth contrary to these good Lawes might bee treacle to expell the mischiefe out of others.

Note 4 Petition Committee & the High Commission Attachment

Proceedings of the Short Parliament · p112

At the comittee for petitions it was urged that the high Commission Court had no power to much less Imprison but that we should excommunicate, and so a writ de excommunicato.

[Upper House] — A general Comittee to debate: I. the breach of the commons priviledge; II. whether we may not take notice of their resolutions.

Note 5 Even the Meanest or Malicious May Participate

King's Opening Address · Lord Keeper's Speech · April 1640

King: "There was never kinge had a more greate and weighty cause to call his people together then myselfe. I will not trouble yow with the particulars; I have informed my Lord Keeper, and commanded him to speake; and desire yor due and serious consideracon."

Lord Keeper: "My Lords and yow the knts cittizens and Burgesses of the howse of Commons. Yow are this day assembled by his Majeste gratious writt and Royall comand to hold a Parliament, the generall antient and greatest counsell of this renowned kingdome. By yow as by a select choyse and abstract of the whole kingdome is presented to his Majeste Royall viewe."

Note 6 Courts & Justices Defy the Liberties of Parliament

House of Commons · April 1640

That I promised to present the howse with a case of very great dainger here at home, But the mountayne at last hath brought forth nothing but a mouse.

"…some exposicions contrary to the Lawes of God the lawes of man and reason, and I am confident that the dictamen of their owne consciences marrd the text with their exposicions, undermining the Liberty of the subject with new invented subtill distinctions and assumeing to themselves a power I know not where grounded…"

Note 7 Privilege During Time of Parliament & the Oath Ex Officio

Neilson MS. 2688 · ?29 April 1640 · ?Eliot

A Note About the Oath Ex Officio:

"There is a point of form in proceedings which may deserve reformacion ye rather because itt is contrary to ye laws and customs of this land and state, which though they do nott rule those proceedings yett may they be advised with for better direction — and yt is ye oath ex officio whereby men are inforced to accuse themselves."

Note 8 Grievance & Privilege is for Private Persons

B.L., Harl. MS. 6801 · 17 April 1640 · Pym's Speech in the House of Commons

Mr Pym's Speech in the Howse of Commons, Anno 1640.

The great question of grievance and privilege as it pertained to private persons — not merely the Members of the House — and the duty of Parliament to hear and act upon the petitions of the subject.

Note 9 Protection Note

Proceedings of the Short Parliament · p94

…to the Lo Keep, who demanded the voate of the House for the passinge it, and being put to the Question and generally consented to.

Earl of Middlesex: It was moved in behalfe of the Earl of Middlesex yt he is become an humble suitor to their Lops that they will extend their grace and remission towards him, that he may come and sitt amongst them. He hath his writt of sommons. Committed to the Grand Committee for Priviledges.

Note 10 Parliament's Purpose

Short Parliament Proceedings · April 1640

The Judges they give their opinions that all is the Kings and the Ministers preache it and therefore he did much extoll the Kinge for his mercy to us.

"He having consulted with the Judges and Divines herein, it argued much grace in him in suffering it to be argued after oppinions delivered — he concluded not doubting but that the Kinge in grace and favor called this Parliament to settle these greivances."

Note 11 On Justices and Judgment

Short Parliament Proceedings · April 1640

"Touching Justice there is not any more certaine signe to discerne an Equall Judge then by his patience to bee well informed before hee give sentence, and I may boldly say that all your Judges throughout all your kingdomes may take Example by yr Majesty and learne their duty from yr practise in this kind."

From yre patient heareing lett mee passe unto yr righteous Judgem[en]t…

Note 12 Common Law

Short Parliament Proceedings · April 1640

"…others, who tell him his Prerogative is above all Lawes, and that his subjects are but slaves: whereby the King is neither preserved in Honour, nor the Commonwealth in safety."

If all that bee Judges, who by their lawes will (though contrarie to law, experience, and Presidents) binds us, and by their doomes, if wee of this House shall suffer Imprisonment, I knowe nott what in time that may come to, for such power will nott stay there.

Note 13 By Commons Authority

Upper House · 30 April 1640 · House of Lords

After debate the question was put whether the Lords taking notice from the King that the Commons had voted — first to begin with reformation of greevances: 1. in Religion; 2. propriety of good; 3. liberty of persons and parliament — were a breach of the priviledges of the Commons.

That nothing under debate or resolved should be carried from them, but by their assent and by their own messenger.

Note 14 Only Committee Members to Receive & Deliver Petitions

Proceedings of the Short Parliament · p60

Ordered no peticon to be received, delivered, but by the Lords sitting at that Committee — and the Peticons to be subscribed by those that deliver them.

Note 15 The Petition is the Presentment and Container

Lords · 16 April 1640 · p57

"Unity — Si sumus unanimes, sumus insuperabiles. There will not lack talk from abroad, nor at home by peevish and malicious spirits. Nothing takes a good nature soe much as an Ingenious confession. As full and as free as ever Predecessors in any Parlements before."

A willing eare to all your just grevances.

Note 16 Musings on Religious Indemnity

Upper House · 16 April 1640 · Lee Warner MS.

In Name of the house [desired]: 1. liberty… 2. voices 3. [blank]. All which the King granted.

A Comittee of 40 for priviledges. The Commission for petitions — 8 persons… 7 of these… sit and… to verifie petitions.

Note 17 Grievances are not considered Crimes

Commons · 29 April 1640 · p181–182

It was questioned whether the Howse showld make use of these complaynts as of crimes or grievances or both.

Mr Pimme: Hereupon advised the Howse not to be afraid to call Crimes Crimes if they be soe; and further that the Howse may proceede against any person hereafter if any bee fownd guilty or criminall; And added that if wee were faynt in this place, wee showld discouradge all others.

Mr Holborne: Was of a contrarye opinion because he said if they were called crymes, wee bring all that are criminall into a Praemunire.

Sr Rob Harlye (M.P. for Herefordshire): Said It was noe matter if crimes were called crimes though the guiltye fall into a Praemunire.

Neverthelessse the Howse was pleased to take notice of those not as Crimes but as Greivances onely and soe voted it.

Note — Praemunire: A historical legal offence against the English Crown — specifically the assertion or maintenance of papal or other foreign jurisdiction, challenging the monarch's supremacy. The term derives from the Latin praemunire facias ("that you cause to be forewarned") and evolved to encompass any action recognising a foreign authority above the Crown.

Note 19 Receiving Petitions is Agreed as Innovation

Commons · 24 April 1640 · Die Veneris

Sr Walter Earle made report of the Heads for Conference with the Lords which were agreed on by the Committee as inducements to Innovation in matter of Religion, of propertye of Goods, of Libertye in Parliament.

Those heads which concerned Religion were these:

1. The Commission graunted to the Convocation conceived as a Greivance, the rather because of the practise of those men to whome the Commission was graunted.

2. The complaynts of the Countryes in the matter of Innovation.

Note 20 Court of Commission Power

Proceedings of the Short Parliament · p112

His own cause rather then loose it to swear super Sacramentum and after to Complain. Yet at the Counsails board Rege presente it is ordered that they sweare in Chancery, Exchequer, Wards super sacramentum.

At the comittee for petitions it was urged that the high Commission Court had no power to much less Imprison but that we should excommunicate, and so a writ de excommunicato.

Note 21 To Prevent the Punishing or Questioning of Things out of Parliament

Short Parliament Proceedings · April 1640

Inducements upon these heads — Concerning the first head:

1. The Commission to the Convocation house 2. The complaint brought into the house against Innovations in Religion 3. The molestation of Conformable Ministers concerning their restraint — Not to preach in their own Churches 4. The divulging and publishing of popish Tenets.

Concerning the 2nd head: 1. Monopolies and restraint of trade 2. Shipmoney 3. Forest business 4. Military Charges, arm coats, conduct mony, horses, carts, and harness for soldiers 5. Denying of Justice in courts.

Note 22 Done by the Laws of God and the King

Short Parliament Proceedings · April 1640

There are 2 points very considerable in it: the first is what hath been done any way to impeach the Liberty of the Subject contrary to the Peticion of right; the second is who have been the authors and causers of it.

"Mr Speaker, the serious examinacion and discretion of these 2 questions doe highly concerne his Majesty in point of honor and the subjects in poynte of interest — all that I shall say to it are but the words that Ezra used to King Artaxerxes of the settlem[en]t of that state, which at that tyme was as much out of frame and order as ours is at this."

Note 23 Indemnity: Lords v Commons

Upper House · Short Parliament · April 1640

Earl Marshall: To deliver H.C. that for Religion, Property and Privilege we did not take notice of them from any member of theirs, but from his Majestie.

Earl of Bristoll: Not the voating of their Lops is ye exception — H.C. did not make exception against voating, but transferring of their resolutions upon them.

Earl of Strafford: Breach — H.C. did assigne the reasons.

Note 24 Inferior Courts Touching on Parliament

Short Parliament Proceedings · April 1640

Priviledges of Parliament — namely, the Speaker of the last Parliament was comanded to putt noe question and the house comanded that they should not speake — these were conceived to bee the very ground and source of the ensueing evills.

"It was hard to take away the last will of a dying man and to debarre us of our last Sighs and Groanes to his Majesty."

There were peticions left not heard — and the house was then breaking, being commanded to adjourne presently.

Note 25 Indemnity of the Commons

Short Parliament Proceedings · April 1640

And to provide may not bee prejudiciall to the Howse of Commons for the future. The House of Commons doe collect that yor Lopps have taken notice of some proceedings in this Howse concerninge those particulars:

"1. Religion 2. Proprietye of Goods 3. Priviledge of Parliament — which is a breach of another Priviledge of that Howse sollemnely established in Parliament and called the Indempnitie of the Commons."

Thereupon they have commanded me to desire yow…

Note 26 No Sentence from Outside Parliament for Parliament Matters

Proceedings of the Short Parliament · p150

"It is against nature and Order that inferior things should undertake to regulate superior. The Cort of parliament is a Courte of the highest Jurisdiction and cannot bee censured by any Lawe or sentence but its owne."

Divers Gentlemen were imprisoned for such passages as proceeded from them in Parliament till they had putt in Security for their good behaviour — and being caused to appeare in the Kings Bench were not admitted to make their defence.

Note 27 Misdemeanor is Exempted

Commons · 18 April 1640 · Committee · p159

Mr Grimston in ye chayre. Mr Speaker quitted the chayre and the Howse was dissolved into a committee.

Sr John Stranguage said that the first he conceived necessary was liberty in Parliament accordinge to Mr Pymme, for without that we sate there in vayne.

"Hee graunted that the Kinge may out of Parliament question Treason or felony in the Howse, but not misdemeanors — the howse was to be the sole judge of those."

Note 47 To Prevent Punishing or Questioning of Things out of Parliament

Lords · 28 April 1640 · Lee Warner 1/2(441x1) · p5

The head of the greevances to be consulted of with the Lords of ye upper house:

1. How to prevent Innovations in Religion 2. Concerning propriety in ye goods 3. Priviledges in Parliament — the better to prepare us to give a present Supply to his Majesty.

Concerning the first head: 1. The Commission to the Convocation house; 2. The complaint brought into the house against Innovations in Religion; 3. The molestation of Conformable Ministers concerning their restraint — Not to preach in their own Churches.

Note 48 The Ultimate Basis

Lords · 16 April 1640 · H.L.R.O., Braye MS. 16 · p57

Chivaleirs in nomber greater then their Ancestors — I hope never forget their Ancestors actions, nor stay theire owne for obedience and magnanimity.

Trade is the E. and W. Indies of our Nation.

"Unity — Si sumus unanimes, sumus insuperabiles. There will not lack talk from abroad, nor at home by peevish and malicious spirits. Nothing takes a good nature soe much as an Ingenious confession. As full and as free as ever Predecessors in any Parlements before."

A willing eare to all your just grevances.