Journal of the House of Commons: Volume 4, 1644-1646. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 2 Martii, 1645.
THE Grand Committee of the House for Religion sat, to take into Consideration the Ordinance for Church-Government.
Mr. Whittacre in the Chair.
Mr. Speaker resumed the Chair.
Sir Robert Pye went to the Lords, to acquaint them, That this House doth concurr with the Lords in communicating the Propositions, already agreed upon by both Houses, to the Scotts Commissioners; and to desire the Lords to concurr with this House, That they may not only be communicated to the Scotts Commissioners, but that they may desire their Concurrence in them, to the end they may be speeded to his-Majesty; and that a fair Copy of them may be made and examined, and signed by both the Clerks; and then, by the Members of both Houses that are of the Committee of both Kingdoms, communicated unto the Scotts Commissioners, as aforesaid.
He was likewise to desire the Lords to speed the Ordinance for continuing the Commissioners in Ireland; and to concurr with this House, in the Letter prepared by the Committee, concerning the bringing in the Monies for Ireland.
He likewise carried to the Lords, for their Concurrence, a Vote, long since passed this House, for the appointing Mr. Johnson of Yorkshire, one of the Assembly of Divines, in the place of Mr. Carter, deceased: And the Vote for adding Mr. Recorder to the Committee for the Admiralty and Cinque-Ports, in the place of Sir Christopher Wray, deceased.
The humble Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in CommonCouncil assembled, presented to the House the Sixth of February last; with the Papers thereunto annexed, being the Votes and Proceedings of the Committee of this House, appointed to sit in London in January 1641; were all this Day read.
The humble Petition of the Sub-Committees of the Tower Hamlets, and of the Liberties of Westminster, and Borough of Southwarke, presented to the House the Fourteenth Day of February last, was likewise read.
Also the Propositions, agreed by both Houses to be now sent to the King, concerning the City of London, and the Proposition concerning the Militia of the City, as it was sent from the Lords, and also as it was passed by this House, were likewise read.
Mr. Serjeant Wild reported the Votes and Proceedings of the Committee of this House, appointed to sit in London in January 1641, in bæc verba; viz.
"Die Sabbati, 8 Januarii, 1641."
"At the Committee of the House of Commons, appointed to sit in London, to consider of the Safety of the Kingdom, and of the City of London, and of vindicating the Privileges of Parliament;"
"Resolved, upon the Question, That the Actions of the Citizens of London, or of any other Person whatsoever, for the Defence of the Parliament, or the Privileges thereof, or the Preservation of the Members thereof, are according to their Duty, and to their late Protestation, and the Laws of the Kingdom: And, if any Person shall arrest or trouble any of them for so doing, he is declared to be a publick Enemy of the Commonwealth."
"Resolved, &c. That this Vote shall be made known to the Common-Council of the City of London."
"Die Sabbati, 8 Januarii 1641."
"At the Committee, appointed, by the House of Commons, to sit in London;"
"Forasmuch as the Necessity of Providing of Monies, and other Supplies, for the present Relief of Ireland, requireth the Consideration of both Houses of Parliament: And forasmuch as they cannot sit in Safety, without strong and sufficient Guards from the City of London, and the adjacent Parts: It is therefore Ordered, by the said Committee, That it be referred to the Consideration of the Committee for Irish Affairs, to consider of a Way for Securing of both Houses by Guards, as aforesaid; that they may come and return, and remain there, in Safety; and they to propound this to the Lords Committee for Irish Affairs."
"Die Sabbati, 8 Januarii, 1641."
"At the Committee of the House of Commons, appointed to sit in London;"
"Resolved, &c. That this Committee concurrs with the Opinion of the Lords and Commons, appointed to consider of the Affairs of Ireland, that it is necessary, that there be strong and sufficient Guards from the City of London, and the adjacent Parts, that both Houses may sit in Safety."
"Resolved, &c. That it is a legal Way, to require the Sheriffs of Middlesex and London to attend for that Purpose, with Posse Comitatus."
"Resolved, &c. That these Votes shall be likewise communicated to the Common-Council of the City of London."
Die Sabbati, 8 Januarii, 1641.
"At the Committee of the House of Commons, appointed to sit in London;"
"Resolved, &c. That Alderman Pennington, Captain Venn, Sir Martin Lumley, Sir Philip Stapleton, Mr. Arthur Goodwyn, Sir John Hotham, Mr. John Hotham, Mr. Long, Mr. Carew, Mr. Vassall, Mr. Bridgman, Mr. Perd, Mr. Pury, Mr. Martyn, Mr. Purfrey Sir Wm. Litton, Mr. Waller, Mr. Wingate, Sir Henry Heyman, Mr. Fynes, Sir John Clotworthy, or any Four of them, shall have Power to confer and consult with the Committee of the Common-Council of the City of London, for the Safety of the King, Kingdom, and Parliament, and City of London; and particularly for the present Defence of the City from any Danger that may happen from the Tower, or otherwise: And are to meet, as often as Occasion shall require: And have Power to send for Persons, Witnesses, Writings, and Records."
"I. Proposition: To know, By what Authority the City may raise Arms, for Defence of the Kingdom and Parliament, if there be Occasion."
"Answer: That, according to the Votes of the Committee of Lords and Commons, a strong and sufficient Guard is necessary for the Safety of the King, Kingdom, and Parliament; and that the Sheriffs ought by Law to raise the Posse Comitatus for that Purpose: And that, in case they fail of their Duties herein, which they are to be answerable for to God, the King, and Parliament; that then we are of Opinion, that every good Subject may and ought, in their Duty to God, the King, and their Country, and by the solemn Oath of their late Protestation, to maintain and defend, to the utmost of their Power, the Person of his Majesty, and of every Member of either House of Parliament, from all Force and Violence whatsoever, being the Persons whom they have intrusted with their Lives, Liberties, and Fortunes."
"II. Proposition: To know, By what Authority they may go with any such Force out of the Limits of their City and Liberties."
"Answer: That it is the Opinion of the aforesaid Committees, That the Sheriff of the City of London have the Power of the whole County of Middlesex, as well within the City, as without."
"And the Committee doth further Declare, That, for the Safeguard of the King, Kingdom, and Parliament, which are all now in very eminent and apparent Danger (the Commission of the Lord Mayor being but a Commission of Lieutenancy, and illegal), the Lord Mayor, Aldermen, and Common-Council, or the greater Number of them, ought to make use of the Trained-Bands, or any other Forces of the City, for the Preserving of the Peace of the Kingdom, and the Person of his Majesty, and all the Members of the Parliament, from Violence and Danger, whether within their Limits, or without."
"III. Proposition. To be satisfied, How they may chuse their Officers for their Trained-Bands, or any other Forces of the City."
"Answer: There being yet no declarative Law for the Regulating of the Militia of the Kingdom, though in Agitation in Parliament; the Committee doth Declare, That, in this pressing and extraordinary Occasion, the Lord Mayor, Aldermen, and Common-Council, or the greater Number of them, ought to appoint such Officers, that the necessary Guards and Forces aforesaid may be governed in a due and orderly Manner: And that the Officers aforesaid may beat up their Drums, and raise the said Forces, for the Safety of his Majesty, the Kingdom, and Parliament."
"Resolved, upon the Question, All these to be so ordered."
"This Committee to have Power to treat with the Committee of the Common-Council, of such other Propositions to be added as they shall think fit."
The which was read: And
It is thereupon Resolved, &c. That this House doth approve of the Votes and Proceedings of the Committee of the House of Commons, appointed to sit in London, to consider of the Safety of the Kingdom, and of the City of London; and of vindicating the Privileges of Parliament, and of the Proceedings of the City thereupon.
The Lords Concurrence to be desired herein.
He farther reported several Votes of the said Committee, in hæc verba; viz.
"Die Lunæ, 10 Januarii, 1641."
"Resolved, &c. 1. That there be necessary and sufficient Guards raised, and put in Order, for Defence of the King, Parliament, and Kingdom."
"Resolved, 2. That these Guards be raised out of the City, and Parts adjacent."
"Resolved, 3. That Eight Companies be drawn forth, by Eight of the Clock at furthest, under Captain Philip Skippon; and to meet at such Time and Place as he shall order."
"Resolved, 4. That Captain Skippon shall be SerjeantMajor-General of the City-Forces, until the City resolve to the contrary."
"Resolved, 5. That the several Captains and Officers do take the Protestation before their March."
"Resolved, 6. That Eight Piece of Ordnance, with all Accoutrements belonging unto them, be provided, and carried with the Troops, for the Safety of the King, Parliament, and Kingdom."
"Resolved, 7. That all the Trained-Bands be commanded to their Colours, those both of London and Westminster, and the adjacent Parts, for Preventing of Mischief: And they to move by the Order of Serjeant-Major-General Skippon."
"Resolved, 8. That Serjeant-Major-General Skippon be commanded not to depart from this Service, upon any Command, or Countermand, until further Order from the Parliament, or Committee."
"Resolved, 9. That he have Power, if Violence be offered, to make Defence; or to offend."
"Resolved, 10. That all the Captains be commanded to receive Orders under Serjeant-Major-General Skippon, from Day to Day, for Beating of Drums: And that all Soldiers be required thereupon to resort to their Colours in Arms, without expecting further Order from the Lord Mayor."
"Resolved, 11. That all Citizens, and others, who will mount themselves to serve on Horseback, shall be ordered under the Command of Serjeant-Major-General Skippon: And that this Service of theirs is acceptable to the Commonwealth."
"Resolved, 12. That Ammunition of all Sorts be issued out of the Chamber of London, in such Proportion as Serjeant-Major-General Skippon shall think fit."
"Lastly, That this Service, in the general, and every Part of it in particular, is for the most necessary Safety of the King, Parliament, and Kingdom."
Resolved, &c. That this House doth approve of and confirm these Votes of the Committee, appointed by this House to sit in London, to consider of the Safety of the Kingdom; and of their Proceedings therein.
Sir Robert Pye brings Answer from the Lords, That they do agree to the Ordinance for continuing the Commission to Mr. Annesley, Sir Robert Kinge, and Colonel Beale, in Ireland; and to the Letter to be sent into the Counties; to the Order for adding Mr. Recorder to the Committee of Admiralty and Cinque-Ports; and to the Order for adding Mr. Johnson, the Minister, to the Assembly of Divines: And, as to the rest, they will send Answer by Messengers of their own.
A Message from the Lords, by Sir Edward Leech and Mr. Page;
The Lords have commanded us to bring you this Letter from the Parliament of Scotland: And the Lords do desire, That, for the Keeping of a good Correspondency with that Kingdom, all possible Means may be used for the Discovery of Robert Wright; and that the Name of him that is called the unknown Knight, which is (fn. 1) known to some Members of your House, may be delivered to the Commissioners of Scotland: -These Papers concerning the States Ambassador: And the Lords desire, That the Committee of Foreign Affairs may meet on Wednesday next, at Two of Clock in the Afternoon, to take them into Consideration, if it may stand with your Conveniency.
The Letter from the Parliament of Scotland was from St. Andrews, 10 Februarii 1646; and signed "Lowden, Chancellor, I. P. D. Com'."; and was read.
The Papers concerning the States Ambassador were read: And
It is thereupon Resolved, &c. That this House doth agree with the Lords, That the Paper concerning the States Ambassador be referred to the Committee for Foreign Affairs: And that they do meet on Wednesday next, at Two of the Clock in the Afternoon, to take the same into Consideration.
The humble Petition of Daniel Wybrantson, Isaac Paulson, and Adrian Paulson, Merchants of Amsterdam and Rotterdam, and Subjects of the Lords and States of the United Provinces, was likewise read: And
It is Resolved, &c. That this House doth agree with the Lords, That the said Petition be referred to the Committee of Lords and Commons for Foreign Affairs.
Ordered, &c. That the Members of this House, that know the Name of the Person that is called the unknown Knight, do name him on Friday Morning next.
Ordered, &c. That the Letter from the Parliament of Scotland, sent this Day from the Lords, be taken into Consideration on Friday Morning; and what Answer may be fit to be returned to it. And
It is further Ordered, That, at the same time, the House do take into Consideration the Business of Sending of Members of both Houses to reside in the Kingdom of Scotland.
Resolved, &c. That, To-morrow Morning, after the Business of the Church, the House do take into Consideration the Two Propositions unfinished; and do proceed upon them, until they shall be dispatched.
THE Messengers were called in: And the House returned this Answer; That, as to the Papers concerning the States Ambassador, and the Petition of Daniel Wybrantson, &c.; they do agree they be referred to the Committee for Foreign Affairs: And, as to the rest, will send Answer by Messengers of their own.
Resolved, &c. That Mr. Reynolds, Mr. Nathanael Bacon, Mr. Hill, Sir Thomas Widdrington, and Mr. Nicholas, be added to the Committee appointed for Examination of the Business of Sir Hamond Lestrange: And that any Four of them do state the Business; and report the same to this House.
An Ordinance of the Lords and Commons, now assembled in Parliament, for the Constituting and Appointing of Gilbert Gerard Esquire to be Clerk of the Assizes for Norfolke Circuit, was this Day read the Second time; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.
Sir Anthony Irby is appointed to carry it to the Lords.
BE it Ordained, and it is Ordained, by the Lords and Commons, assembled in Parliament, That John Phettiplace Esquire, appointed High-Sheriff for the County of Gloucester, shall have, and hereby hath, full and free Leave and Licence to dwell and reside in the City and County of the City of Gloucester; any Clause in the Sheriff's Oath to be taken by him to the contrary notwithstanding.
Ordered, &c. That all the Lawyers of the House be injoined to attend the Committee of plundered Ministers To-morrow in the Afternoon, concerning the Ordinance for punishing the Blasphemies of Paul Best.
Mr. John Ashe reports the Answer of Sir Richard Gurney to the Committee of Goldsmiths-Hall, concerning the Fine of Five thousand Pounds, set upon him by this House, that he obstinately resuseth to pay the same.-
Ordered, &c. That the Books from the Committee of Accompts, and from Auditor Broad, be referred to the Perusal of the Committee, formerly appointed by this House to distribute the Monies to the Waggoners Widows; to consider, What Persons mentioned in those Books are fit to receive any Monies; what Proportions they are fit to receive: And that they bring in an Order for the Disposal of the said Monies accordingly.-
Mr. John Ashe further reported the State of the Case concerning Thomas Connigsby, of the County of Hertford, Esquire, whose Fine, as it was set by this House, was One thousand Pounds; and likewise concerning the Fines of Sir Roger Twisden, Sir Edw. Heiron, and Sir Thomas Littleton: And nothing was done upon the same.
He farther reported the State of the Case of Mr. Henry Nevill: and that Six thousand Pounds was set upon him by former Order of this House.
He likewise reported the humble Petition of the said Mr. Henry Nevill: Which was read; and was, for Mitigation of the Fine of Six thousand Pounds, set upon him for his Delinquency.
The Question being propounded, Whether the House should adhere to the Fine of Six thousand Pounds set upon Mr. Nevill;
The Question was put, Whether this Question should be now put, or no: And
It passed with the Affirmative.
And then the Question itself being put;
It is Resolved, &c. That this House doth adhere to the Fine of Six thousand Pounds, formerly set upon Mr. Henry Nevill: And that he do forthwith pay the said Fine accordingly.
Mr. John Ashe further reported a Paper, containing the whole State of the Case of Robert Villers Esquire, Son and Heir-apparent to the Lord Viscount Purbeck: Which was read; and nothing done upon it.