House of Commons Journal Volume 4: 22 April 1646

Pages 518-520

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 Mercurii, 22 Aprilis, 1646.


ORdered, That whatsoever Member of the House shall, during the Time the House is at Prayers, continue either in the Committee-Chamber, or in the Judges Room, and shall not come and be present at Prayers, shall forfeit and pay, for every Time he shall so absent himself, Twelve-pence; to be collected by the Serjeant at Arms, and to be distributed to the Poor.

Ordered, That a Warrant be issued, under the Hand of Mr. Speaker, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of a Burgess to serve in this present Parliament for the Town of Buckingham, in the place of Sir Alexander Denton, disabled by Judgment of this House to sit and serve as a Member in this Parliament, and sithence deceased.

Ordered, That the Report, concerning the Election of Knights of the Shire for the County of Bucks, be made on Monday Morning next, the first Business.

Ordered, That Sir Henry Vae's Report from the Committee of both Kingdoms be taken into Consideration on Tuesday Morning next.

Ordered, That the Reports concerning Ireland, and the Business of Ireland, be taken into Consideration To-morrow Morning, the first Business: And that Mr. Speaker do put the House in mind hereof; and is injoined to acquaint the House: And

It is Ordered accordingly, That no other Business is to intervene.

The humble Petition of John Dove Esquire, one of the Members of this House, was this Day read; and was, That such Bills, Bonds, and Specialties, as belong to Sir John Penruddock Knight, Robert Long and James Long Esquires, Doctor Hide, and others, Delinquents, not exceeding the Sum or Value of Seven hundred Pounds Principal Debt, which now are concealed and undiscovered, might be granted and allowed to the said Mr. Dove, in Part of Recompence and Satisfaction of his great Loss and Damages sustained by Plunderings, and otherwise. And

It is thereupon Ordered, That it be referred to the Committee of Examinations, to examine Mr. Dove's Losses and Damages, sustained by the Enemy; and to state the same; and report it to the House; to the end that the said Mr. Dove may have the said Sum of Seven hundred Pounds, Principal Money, paid him out of any Bills, Bonds, and Specialties, belonging to the said Sir John Penruddock, Robert Long, James Long, Doctor Hide, or any of them not yet discovered, and to be discovered by him to the said Committee: And that the Debtors, upon Payment thereof to the said Mr. Dove, and upon Delivery up of the said Specialties, may be discharged of such Monies as shall be by them paid thereupon.

An Ordinance for constituting and appointing Edward Birkhead Esquire to be Serjeant at Arms to attend the Speaker of this House, and for granting him a Patent of the said Place, under the Great Seal, with all Fees and Profits thereto belonging, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

An Ordinance for appointing Ely-House in Holborne to be in the Possession of the Serjeant at Arms attending this House, during the Pleasure of Parliament, for the Securing of Prisoners committed to his Charge, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

An Ordinance for Continuing of an Ordinance, bearing Date the Five-and-twentieth Day of October One thousand Six hundred Forty-four, for the Ordering of the Militia of the County of Middlesex, and all the Powers thereby given, for Four Months, from the Five-and-twentieth Day of April One thousand Six hundred Forty-six, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Ordered, That Mr. Reynolds, one of the Members of this House, and Bartholomew Hall, of the Middle-Temple, Esquire, be referred to the Committee of Examinations; to discover any Estate concealed belonging to Mr. Roger Nott, or to Sir Thomas Nott: And that the said Committee do examine the Debts due from the said Mr. Roger Nott, and Sir Thomas Nott, or either of them, to the said Mr. Reynolds, or Mr. Hall: And that, out of such Estate as they, or either of them, shall discover, as aforesaid, the said Committee do pay the said respective Debts, and every Part thereof; and report their Proceedings herein to the House.

Resolved, &c. That this House doth nominate and approve of Bussy Mansell Esquire to be High-Sheriff of the County of Glamorgan: And that the Commissioners for the Great Seal of England do grant him a Commission for Sheriff of the said County accordingly.

The Lords Concurrence to be desired herein.

Ordered, That it be especially recommended and referred to the Committee of the Navy, and Committee for Power, Match, and Bullet, to consider of, and examine the Debt due from the Kingdom to Claus Luis Merchant, for Arms furnished by him for the Use of the Kingdom; and take some Course for his Satisfaction.

Sir Gilbert Gerard carried to the Lords, for their Concurrence, the Ordinance for Continuation of the Ordinance for the Militia of the County of Middlesex for Four Months: The Order for One hundred Pounds, out of Haberdashers-Hall, for the Lady Denny: The Order for Major Dingley to be Governor of Evesham, and Colonel of a Regiment of Foot there: The Order for Ten thousand Pounds per Annum, out of the Revenue of the Crown, for the Queen of Bohemia, to commence a Year hence: An Ordinance for Amendment of a former Ordinance passed, for Mr. Fathers to be Minister of StoakeDamerell in the County of Cornewall: And the Order for Monsieur le Frane to have Fifty Pounds out of Haberdashers-Hall.

Sir Gilbert Gerard brings Answer from the Lords, That, as to the Order for the Ten thousand Pounds per Annum for the Queen of Bohemia, they do agree: And, as to the rest, they will send Answer by Messengers of their own.

The House, according to Order, took into Consideration divers Questions to be propounded to the Assembly of Divines, concerning the Jus divinum of Church-Government: Which were read one by one; and, upon the Question, severally resolved; and were in hæc verba; viz.

Whereas it is resolved, by the House of Commons, that all Persons, guilty of notorious and scandalous Offences, shall be suspended from the Sacrament of the Lord's Supper: The House of Commons desires to be satisfied, by the Assembly of Divines, in these Questions following:

I. Whether the Parochial and Congregational Elderships, appointed by Ordinance of Parliament, or any other Congregational or Presbyterial Elderships, are Jure divino, and by the Will and Appointment of Jesus Christ; and whether any particular Church-Government be Jure divino; and what that Government is.

II. Whether all the Members of the said Elderships, as Members thereof, or which of them, are Jure divino, and by the Will and Appointment of Jesus Christ.

III. Whether the superior Assemblies or Elderships, viz. the Classical, Provincial, and National, Whether all or any of them, and which of them, are Jure divino, and by the Will and Appointment of Jesus Christ.

IV. Whether Appeals from Congregational Elderships to the Classical, Provincial, and National Assemblies, or to any of them, and to which of them, are Jure divino, and by the Will and Appointment of Jesus Christ; and are their Powers, upon such Appeals, Jure divino, and by the Will and Appointment of Jesus Christ?

V. Whether Oecumenical Assemblies are Jure divino; and whether there be Appeals from any of the former Assemblies to the said Oecumenical Jure divino, and by the Will and Appointment of Jesus Christ.

VI Whether, by the Word of God, the Power of judging and declaring, What are such notorious and scandalous Offences, for which Persons guilty thereof are to be kept from the Sacrament of the Lord's Supper, and of conventing before them, trying, and actual suspending from the Sacrament of the Lord's Supper, such Offenders accordingly, is either in the Congregational Eldership, or Presbytery, or in any other Eldership, Congregation, or Persons; and whether such Powers are in them only, or in any of them, and in which of them, Jure divino, and by the Will and Appointment of Jesus Christ.

VII. Whether there be any certain and particular Rules, expressed in the Word of God, to direct the Elderships or Presbyteries, Congregations or Persons, or any of them, in the Exercise and Execution of the Powers aforesaid; and what are those Rules.

VIII. Is there any thing contained in the Word of God, that the supreme Magistracy, in a Christian State, may not judge and determine, What are the aforesaid notorious and scandalous Offences; and the Manner of Suspension for the same: And in what Particulars, concerning the Premises, is the said supreme Magistracy, by the Word of God, excluded.

IX. Whether the Provision of Commissioners to judge of Scandals not enumerated (as they are authorized by the Ordinance of Parliament) be contrary to that Way of Government, which Christ hath appointed in his Church; and wherein are they so contrary.

In Answer to these Particulars, the House of Commons desire of the Assembly of Divines their Proofs, from Scripture; and to set down the several Texts of Scripture, in the express Words of the same. And

It is Ordered, That every particular Minister of the Assembly of Divines, that is, or shall be, present at the Debate of any of these Questions, do, upon every Resolution which shall be presented to this House concerning the same, subscribe his respective Name, either with the Affirmative or Negative, as he gives his Vote: And that those that do dissent from the major Part, shall set down their positive Opinions, with the express Text of Scripture, upon which their Opinions are grounded.

Ordered, &c. That the Committee that is appointed to acquaint the Assembly of Divines with the Breach of Privilege in their last Petition, do deliver unto them the Questions this Day resolved to be propounded to them concerning the Jus divinum of Church-Government.