House of Commons Journal Volume 3: 5 July 1643

Die Mercurii, 5 Julii, 1643.

PRAYERS.

Redemption of Captives.

A LETTER from the Lords and Commons to the grand Bashaw of Argier; and likewise to the Council of State and War, and Instructions for Mr. Lewes Hodges the Bearer, a Merchant of London, and for Mr. James Freesell, residing as Consul at Argiers, touching the Redemption of Thousands poor English Captives remaining there in cruel Slavery; were all this Day read; and, by Vote upon the Question, assented unto; and Mr. Green is ordered to carry it up to the Lords.

Innovations.

An Ordinance concerning the pulling down of Innovations, was this Day read; and, by Vote upon the Question, assented unto; and ordered to be carried up unto the Lords, for their Concurrence, by Sir Rob. Harley.

Harwich Fort.

Ordered, That Sir Harbottle Grimstone do forthwith repair to Harwich Fort in Essex, to see the Works perfected and compleated there.

Message from Lords.

A Message from the Lords, by Sir Rob. Riche and Mr. Page;

The Lords do intend to proceed against Justice Bartlett To-morrow, being the Day formerly appointed for his Trial; and they do intend to proceed against the rest of the Judges impeached on Tuesday next: And whereas he did not express himself clearly in the Message Yesterday; his Message was, that they did agree to the Committees for Hull, named by this House, and delivered at the Conference; and to desire that Sir Philip Stapilton, and Sir Wm. Constable may be added to the Committees at Hull.

Answer.

Answer returned by the same Messengers;

The House has considered their Lordships Message; and as to those Two Gentlemen, Members of this House, desired by the Lords to be added to the Committees at Hull, they will send Answer by Messengers of their own.

Trial of Bartlett.

Ordered, That Mr. Maynard and Mr. Smyth do prepare themselves for the Trial of Justice Bartlett, appointed to be had To-morrow.

Great Seal.

Resolved, &c. That a Great Seal of England shall be presently made; and that a Committee be appointed to this Purpose.

Mr. Marten, Mr. Strode, Sir Rob. Harley, Mr. Hill, Sir Peter Wentworth, Sir H. Heyman, Mr. Morley, Mr. Prideaux, Mr. Maynard;

This Committee is appointed to give Order for the present making of a Great Seal of England, and to see it done: And Sir Rob. Harley is appointed to take care of the speedy and effectual Execution of this Order: And this Committee, or any Two of them, are to meet this Afternoon, at Four of Clock, in the Court of Wards.

Berkeley's Trial.

Resolved, &c. That all the Lawyers of the House shall be enjoined to attend the Service of the Trial against Justice Berkeley: And that they meet this Afternoon, and prepare themselves for that Service.

Northern Parts.

A Letter from Mr. Stockdale to Mr. White, Agent for the Northern Parts, of the First of July, desiring Relief in all Sorts of Succours, was this Day read.

Innovations

Sir Rob. Harley carried up the Ordinance concerning Innovations: And was likewise appointed to desire the Lords to sit awhile.

Aid from Scotland.

Resolved, That the Scotts Nation shall be forthwith desired to send in Aid and Assistance for the Preservation and Maintenance of the Religion and Liberties of the Kingdom; and that the Lords Concurrence be desired herein; And this to be one Head of a Conference.

That the Lords be pressed at this Conference, to nominate a Committee of their House, to go forthwith into Scotland; and forthwith to appoint a Day for their going.

Plot at Lincolne.

Ordered, That the Letter from Mr. Stockdale be shewed to the Lords at this Conference; and the Narrative made of the Discovery of the Plot at Lincolne.

Resolved, That Instructions be forthwith prepared for these Committees.

Ordered, That the Committee formerly appointed to prepare Instructions do meet this Afternoon, and forthwith prepare Instructions for the Committees to be sent into Scotland, and to bring them in with all Speed.

Providing Arms, &c.

Ordered, That it be referred to the Committee for the Safety of the Kingdom, to provide Arms and Ammunition for the Lord Fairfaxe.

Deputy Lieutenants.

Resolved, &c. That such Deputy Lieutenants of the several Counties as shall not appear constantly at the publick Meetings in the Country, and join with the rest, in the Pursuance and Execution of such Services as are intrusted unto them, by Orders or Ordinances of both or either House of Parliament, for the Safety of the several Counties, shall be apprehended, and sent up to the Parliament, to answer their Neglects; and their Estates sequestred, in like manner as the Estates of such as refuse to meet and execute upon the several Ordinances for raising of Monies.

Privilege.

A Message from the Lords, by Dr. Aylett and Dr. Heath;

The Lords do desire a present free Conference, by Committees of both Houses, concerning the taking of the Earl of Carlisle's Horses by Warrant, which they conceive to be a Breach of their Privilege.

Answer returned by the same Messengers; that this House has considered their Lordships Message; and will give a present Meeting, at a free Conference, as is desired.

Mr. Corbett is appointed Reporter of this Conference.

Safety of the Kingdom.

Sir H. Mildmay went up to the Lords to desire a Conference, concerning the Safety of the Kingdom, and the Northern Parts.

Mr. Pym, Sir H. Vane junior, Sir Christ. Wray, Mr. Ellis, are appointed Managers of this Conference.

Counties to rise.

Resolved, &c. That Sir Hen Heyman, Mr. Stapeley, Mr. Lisle, and Mr. Morley, do presently withdraw, to prepare a Letter to be sent by Mr. Speaker to the several Counties of Kent, Surrey and Sussex, to rise.

Answer from Lords.

Sir Rob. Harley brings Answer, that the Lords will take the Ordinance carried up by him into speedy Consideration; and will send Answer by Messengers of their own; and do agree to sit awhile.

Redemption of Captives.

Mr. Green brings Answer, that the Lords do agree to the Letters and Instructions for Algier.

Conference.

Sir H. Mildmay brings Answer, that the Lords will give a present Meeting at a Conference, as is desired.

Church Government.

Resolved, &c. That it shall be propounded to the Assembly of Divines To-morrow, at their Meeting, to take into Consideration the Ten first Articles of the Nine-and-thirty Articles of the Church of England, to free and vindicate the Doctrine of them from all Aspersions and false Interpretations: And that the Lords Concurrence be desired herein,

Mr. Rous went up to the Lords with this Vote.

Sequestrations.

A Message from the Lords, by Sir Edw. Leech and Dr. Aylett;

The Lords desire, that at this Conference they may communicate unto you some Abuses, which they have been informed of to be committed by such as are employed in the sequestring of Men's Estates, which, as they conceive, concern the Honour of both Houses.

Answer returned by the same Messengers; that this House has considered their Lordships Message; and do agree, that the Lords may communicate what they desire, at this Conference.

Deputy Lieutenants.

Resolved, &c. That this House doth nominate and approve of Sir John Chapman Knight, Edw. Apsley, Herb. Springatt, Herb. Hay, Jo. Baker, Tho. Middleton, Jo. Busbridge, Jo. Boord, Tho. Challoner, Anth. Fowle, Wm. Michelbourne, Hall Ravenscroft, Ralph Cowper, Law. Ashburneham, Esquires, to be Deputy Lieutenants for the County of Sussex.

Ordered, That the Lords Concurrence be desired herein.

Resolved, &c. That this House doth nominate and approve of Sir Rich. Sprignall to be Deputy Lieutenant of the County of Middlesex:

The Lords Concurrence to be desired herein.

Resolved, &c. That these Gentlemen shall be authorized to be assisting to the Deputy Lieutenants formerly appointed for the Counties of Sussex and Middlesex, with as full Power as the other Deputy Lieutenants first nominated have, had, or ought to have by the Ordinance, or by their Commissions, till such time as Commissions can be obtained from the respective Lords Lieutenants.

The Assembly.

Mr. Rous brings Answer, that the Lords do agree to the Vote concerning the Assembly.

Restoring Horses.

Ordered, That Mr. Butterworth's Horses, seized and taken by Lieutenant Colonel Washburne, be forthwith returned unto the said Mr. Butterworth, in whose Custody soever they now are; and that Lieutenant Colonel Washbourne be summoned to attend the Committee for Examinations, to answer the taking of these Horses.

Privilege.

Mr, Pym reports from the Conference, that my Lord Manchester acquainted them, that the Horses of the Earl of Carlisle, a Member of their House, were taken out of his Stable, by an Order from a Committee of this House; that when the Lords had made an Order for Restitution of those Horses, there was another Order made for the keeping of them: They conceive this to be a great Breach of their Privileges; and desire that Course may be taken that this Breach may be repaired, and their Privileges preserved.

Ordered, That this whole Business, concerning the takeing of the Earl of Carlisle's Horses, be referred to the Consideration of the Committee for Examinations.

Sequestrations.

Mr. Pym further reported, that the Lords finding Miscarriages and Misbehaviours in those that are employed for sequestring Men's Estates, do desire that the Committee of Lords and Commons for Sequestrations, may meet this Afternoon, to consider of and provide Remedies against those Miscarriages.

Sir H. Heyman is appointed to go to the Lords, to acquaint their Lordships that the Committees of this House for Sequestrations, cannot meet this Afternoon; but they will meet in convenient time, and give your Lordships Notice of it.

Recruiting the Army.

Ordered, That it be especially recommended unto the Deputy Lieutenants and Committees in the County of Bedford, to use all possible Diligence to recruit the Regiment of Dragooners, under the Command of Sir Samuel Luke, according to the Purport of a Commission from my Lord General, date 4 Januarii 1642: And it is further Ordered, that Sir Peter Wentworth do write a Letter to Sir Sam. Luke, to express unto him, that this House esteems the Service done by Sir Sam. Luke in the County of Bedford, in raising such Forces as he has raised for the Service of the Parliament, in the said County, as a good and acceptable Service; and do return him Thanks for it: And that no Matter of Complaint came to this House against the said Gentleman touching this Business.

Hyde's Petition.

Ordered, That the humble Petition of Edw. Hyde, of Hyde in the County of Chester, this Day read, be referred to the Consideration of the Committee for Obstructions in Courts of Justice; and it is recommended unto them to give a speedy Hearing unto it; and that in the mean time, the Execution of the Order formerly made in this Business be suspended.

Butlerage Patent.

An Ordinance, declaring, that the Advantage accruing by the Patent of chief Butlerage, is not prejudiced by any Order or Ordinance of the Houses, was this Day read; and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Glencors' Petition.

Ordered, That the humble Petition of Rob. Glencors, Postmaster of Dumfrise in the Kingdom of Scotland, together with the Certificate, be referred to the Consideration of Mr. Prideaux.

Recompence to Cripps.

Ordered, That it be referred to the Committee for the Safety of the Kingdom, to give Warrant for some Recompence to be given to * Cripps, who has carried several Letters and Dispatches to and from Sir Wm. Waller.

Blower's Petition.

Ordered, That the humble Petition of Mr. Rich. Blower be referred to the Consideration of the Committee at Haberdashers Hall.

King's Revenue.

Ordered, That Mr. Holland be added to the Committee for the King's Revenue.

Lincoln Committee. &c.

Ordered, That the Collectors, within the County of Lincoln, of the Monies upon the Bill of Four hundred thousand Pounds, shall forthwith pay unto the Committee at Lincoln, all such Monies as are now in their Hands, or which they shall collect upon the said Bill, and that are not formerly assigned to the Lord Fairfax by Order of this House; and that out of those Monies, the said Counties shall reimburse unto the Lord Willoughby of Parham such Monies as he hath disbursed for the Maintenance of his own Troop of Horse: And that an Acquittance under the Hands of the said Committees, or any Two of them, shall be a sufficient Discharge to the said Collectors for so much Monies as they shall pay upon this Order, and as fully as if they had paid the same over to the Treasurers and Receivers, according to the Purport of the said Act: And that, after such Payments, and full Discharge of their Receipts, the Bonds entered into by the said Collectors, for Payment thereof, shall be cancelled.

Reducing Newcastle.

Ordered, That To-morrow Mr. Corbett do bring in the Ordinance he this Day offered, concerning the compelling People to advance so much Monies for the reducing Newcastle, as their yearly Expence in Coals comes to.

Dowler's Petition.

Ordered, That the Petition of * Dowler be referred to my Lord Inciquin in Ireland, to call the Parties before him; and to take care for the Relief of the Petitioner.

Rules for the Assembly.

Some General Rules for the Assembly, directed by the Lords and Commons in Parliament assembled.

1. That Two Assessors be joined to the Prolocutor, to supply his Place, in case of Absence, or Infirmity.

2. Two Scribes to be appointed, to set down all Proceedings; and these to be Divines, who are not Members of the Assembly; viz. Mr. Henry Roberry, and Mr. Adonian Byfeild.

3. Every Member, at his first Entrance into the Assembly, shall make a serious and solemn Protestation, not to maintain any thing but what he believes to be the Truth, and to embrace Truth in Sincerity, when discovered unto him.

4. No Resolution to be given upon any Question on the same Day wherein it is first propounded.

5. What any Man undertakes to prove as necessary, he shall make good out of the Scriptures.

6. No Man to proceed in any Dispute, after the Prolocutor hath enjoined him Silence, unless the Assembly desire he may go on.

7. No Man to be denied to enter his Dissent from the Assembly, and his Reasons for it, in any Point, after it hath first been debated in the Assembly; and thence, if the dissenting Party desire it, to be sent to the Houses of Parliament by the Assembly (not by any particular Man, or Men, in a private Way) when either House shall require it.

8. All Things agreed on, and prepared for the Parliament, to be openly read and allowed in the Assembly; and then offered as the Judgment of the Assembly, if the major Part assent; provided that the Opinion of any Persons dissenting, and the Reasons urged for it, be annexed thereunto, (if the Dissenters require it) together with the Solutions (if any were) given in the Assembly to these Reasons.