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, 1 Julii, 1646.
An Ordinance for Discharge of the Commissioners of Excise for One Year's Accompt, ending the Eleventh of September One thousand Six hundred Forty-and-four, was this Day read the First and Second time; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Mr. Thorpe reports a Proposition, to be now sent to the King with the rest of the Propositions, for ratifying and affirming all Acts and Things done and passed under the Great Seal of England now attending the Parliament, and for making void all Acts and Things, passed under the Great Seal carried away by the late Lord Keeper Littleton, or any other Great Seal, except such Particulars as are excepted by the said Proposition: The which was read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Mr. Thorpe, Mr. Recorder, Mr. Selden, Sir John Clotworthy, are appointed to withdraw; and to consider of this Proposition concerning the Great Seal, and of the Fourteenth Proposition; and to insert in them a Clause concerning illegal Acts done or passed under the Great Seal of Ireland; and to frame, dispose, and methodize, the said Propositions.
Sir Robert Pye went to the Lords, to desire a Conference, by Committees of both Houses, in the Painted Chamber, so soon as it might stand with their Lordships Conveniency, concerning the Propositions.
He carried to the Lords, for their Concurrence, the Ordinance for Discharge of the Delinquency of Sir Ro- bert Markham; the Order for Fifty Pounds, out of Haberdashers-Hall, for Mr. Thomas Edwards; and the Ordinance for Discharge of the Commissioners of Excise for One Year's Accompt, ending the Eleventh of September One thousand Six hundred Forty-and-four.
It is Resolved, &c. That the Sum of Twelve hundred and Fifty Pounds be charged upon the Five thousand Pounds ordered to be paid out of the first Monies to come in upon the Ordinance for Assessments for Ireland, for the Reimbursing of the like Sum advanced and lent out of the Receipts of the Excise: And that the said Twelve hundred and Fifty Pounds be paid unto the said Colonel Arthur Hill, in Part of a Debt of Seventeen hundred Seventy-four Pounds Ten Shillings and Four-pence, disbursed by him, for the Use and Maintenance of the Forces of the Parliament in Ulster, and of Interest for the same since it was disbursed; which, by the Committee for Affairs in Ireland, is stated to be, in the Whole, the Sum of Two thousand Pounds: And that Mr. Hill do bring in an Ordinance accordingly.
Resolved, &c. That the Sum of Seven hundred and Fifty Pounds be charged upon the Receipts of Monies coming in at Haberdashers-Hall, to be forthwith paid unto Colonel Arthur Hill, in full of the Remainder of a Debt, stated by the Committee for Irish Affairs to be Two thousand Pounds, being Monies laid out by him for the Use of the Forces in Ulster, and Interest for the same: And that Interest be likewise allowed and paid, out of the said Receipts, to any Person or Persons that shall advance or lend the said Seven hundred and Fifty Pounds, or any Part thereof, for the Service aforesaid: And that the Committee of Lords and Commons for Advance of Monies, sitting at Haberdashers-Hall, do pay the said Seven hundred Pounds Principal Money, and Interest, to the Advancers or Lenders thereof accordingly.
Sir Robert Pye brings Answer, That the Lords will grant a present Conference, concerning the Propositions, in the Painted Chamber, as is desired: And that, as to the Ordinance for Discharge of the Commissioners of Excise for their One Year's Accompt, and the other Two Ordinances, they will send a speedy Answer by Messengers of their own.
Resolved, &c. That Colonel George Monck, now Prisoner in the Tower, upon his Taking of the Negative Oath, shall be forthwith released and discharged of any further Restraint or Imprisonment: And that he have a Pass, under Mr. Speaker's Hand, to go beyond the Seas; provided that the said Colonel Monck do depart this Kingdom within One Month of his Inlargement; and do not return without Leave from the Parliament.
Sir John Clotworthy reports, from the Committee for Irish Affairs, the present State of Money and Credit for Ireland; also an Estimate of Provisions to be provided for that Kingdom, amounting to the Sum of Eightand-twenty thousand Seven hundred and Forty Pounds: The which were read.
He further reported the Opinion of that Committee, for raising a present Stock of Money to carry on the War in that Kingdom; and a Paper or Estimate of the Two Months Pay for the Officers that are to go for Ireland.
Mr. Thorpe reports a Clause to be added to the Proposition, this Day passed, concerning the Great Seal: The which was read; and was in bæc verba; viz. "And that all Grants of Offices, Lands, Tenements, or Hereditaments, made or passed under the Great Seal of Ireland, unto any Person or Persons, Bodies Politick or Corporate, since the Cessation made in Ireland the Fifteenth Day of September 1643, shall be null and void; and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland, since the said Cessation, shall be null and void;" and, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth agree with the Lords, That the Members of this House that are of the Committee of both Kingdoms, as well as the Members of the House of Peers of that Committee, do communicate the Title to the Propositions, and the Declaration for saving the Rights and Liberties of the Parliament of England, together with this Proposition concerning the Great Seal, unto the Scotts Commissioners; and that their Concurrence be desired therein: And that this Proposition concerning the Great Seal be the Nineteenth Proposition; and may be now sent to the King, with the rest of the Propositions that are agreed by both Kingdoms.
The Proposition concerning the Great Seal, and the Names of the Members of both Houses that are appointed to be Conservators of the Peace, together with the Vote thereupon, were communicated to the Lords this Day at the Conference.
Sir Gilbert Gerard, Sir Henry Vane, Mr. Tate, Sir John D' Avers, Sir Anth. Irby, Sir John Temple, Mr. Martyn, Mr. Rous, Mr. Selden, Mr. Holles, Mr. Nath. Fiennes, Sir Wm. Lewes, Sir Wm. Waller, Mr. Serjeant Wilde, Mr. Scott, Mr. Baynton, Mr. Dennis Bond, Colonel Moore, Sir Benjamin Rudyard, Sir Wm. Strickland, Sir Thomas Dacres, Sir Philip Stapilton, Sir John Holland, Sir Rich. Onslowe, Mr. Whittacre, Mr. Nicolls, Mr. Shuttleworth, Sir Martin Lumley, Mr. Francis Allen, Sir John Clotworthy, Mr. Fell, Sir John Trevor, Mr. Wingate, Mr. Thorpe, Major-General Browne, Sir Samuel Luke, Mr. John Goodwyn, Mr. Samuel Browne, Mr. Sydenham, Mr. Whitelock, Mr. Blake, Mr. Trenchard, Sir Arthur Hesilrige, Sir Thomas Widdrington, Mr. Ball, Mr. Prideaux, Sir John Bampfield, Mr. Skynner;
This Committee are to consider of, and bring in, an Ordinance for Regulating of the University of Oxford; and to take care, that no Masters or Heads of any Colleges or Halls, or Scholars, or other Persons, be admitted into any Mastership, Governorship, Fellowship, Scholarship, or Office or Place of Preferment or Advantage in the said University: And that no Leases of any Lands belonging to the said University, or any the Colleges or Halls there, be made or renewed since the Time that Oxford was made a Garison: And, in case any such Things have been done, the same are hereby declared to be void: And this Committee are to take care for Sending of godly Ministers to preach in the said University: And have Power to send for Parties, Papers, Witnesses, and Records: And are to meet upon this Business, in the Star-Chamber, at Two of the Clock in the Afternoon; and so de die in diem: And Mr. Thorpe and Sir Gilbert Gerard are to take care hereof.
It is thereupon Resolved, &c. That this House doth agree with the Lords, That Sir Oliver Flemming, accompanied with some Gentlemen, do, in some of the King's Barges, repair unto Gravesend, there to give the French Ambassador his First Reception.
Resolved, &c. That this House doth agree with the Lords, That One of the Members of the House of Peers, and Two of the Members of this House, do, with One of the King's principal Barges, repair unto Greenwich, there to receive the French Ambassador, and to accompany him from thence unto such House as is, or shall be, appointed by both Houses of Parliament.
Ordered, That it be referred and recommended to the Committee of the Revenue, forthwith to pay unto the Bargemen all such Monies as are in Arrear, and due unto them for this Service, and for any other Service, wherein they have been employed by the Parliament.
Resolved, &c. That Goring-House be the House appointed for the Entertainment of the French Ambassador: And that it be referred to the Committee for Foreign Affairs, to take care, that the said House be made ready for his Entertainment accordingly.
Ordered, That Wm. Jessop, Henry Broade, Wm. Hawkins, * Wilcocks, Robert Woodford, John Shusmith, Laurence Swetnam, Rice Vaughan, and John Cely, or any Three of them (whereof Wm. Jessop, Henry Broad, Wm. Hawkins, * Wilcocks, Robert Woodford, or any of them, to be always One), shall have Power, from time to time, to take and examine the Demands and Pretences of all Officers, Soldiers, Persons belonging to the Trains of Artillery, Waggoners, their Wives and Windows, except Reformadoes, who claim any Monies, as due to them, for Service done to the Parliament: And the Persons aforesaid, or any Three of them, as aforesaid, shall have Power to send for Papers and Records, and, by all other Ways and Means, to inform themselves of the true State of their Accompts, Certificates, and Pretences; and what Payments have heretofore been made to any of them, upon any List, by Order of this House, or both Houses, or Committees of Parliament; and of all Pensions or Payments whatsoever paid to any of them; and to consider what Free-Quarter, Horse, or other Goods, hath been levied or taken by any of the said Officers, Soldiers, Trains of Artillery, or Waggoners; and to charge and deduct the same out of their several Accompts: And the Persons aforesaid shall have Power to disallow the Demands of such as shall appear to them to be groundless and unwarrantable; and, so enabled, shall prepare and state, in a Book or Books, the several Cases and Accompts of the Persons aforesaid; with their Opinion what Monies will be fit to be allowed to each of them; and to present Lists or Books thereof to the Committee appointed by this House, on the Thirteenth of June 1646, for Officers Wives; of which Committee Sir Thomas Dacres and Alderman Atkins are: Which Committee, or any Four of them, upon their Approbation of those Lists and Books, shall represent them to this House, for their Judgment and Determination thereupon: And That Committee shall advise where such Monies shall be had, and report it to this House: And then the Treasurers for maimed Soldiers, out of such Monies as this House shall appoint for that Purpose, shall, from time to time, pay to each Officer, Soldier, and Person aforesaid, such Sum and Sums of Money, as shall be allowed, as aforesaid: And the said Committee, or any Four of them, as aforesaid, shall have Power, and are hereby authorized, to allow, and cause to be paid, out of the Monies aforesaid, to the Persons aforesaid, and to their Clerks employed in this Service, for their Care, Pains, Charge, and Place to meet in, and to the Treasurers of the maimed Soldiers, such Rewards as they shall think fit.
Ordered, That Mr. Scawen, Mr. Nicolls, Mr. Allen, Mr. Dennis Bond, Colonel Thomson, and Mr. Blakiston, be added to the Committee of this House, appointed, by Order 13 Junii last, for Officers, their Wives and Widows, whereof Sir Thomas Dacres and Alderman Atkins are.
THAT all Grants, Commissions, Presentations, Writs, Process, Proceedings, and other Things, passed under the Great Seal of England, in the Custody of the Lords and others, Commissioners appointed by both Houses of Parliament, for the Custody thereof, be, and by Act of Parliament with the Royal Assent, shall be declared and enacted to be, of like full Force and Effect, to all Intents and Purposes, as the same or like Grants, Commissions, Presentations, Writs, Process, Proceedings, and other Things, under any Great Seal of England, in any Time heretofore, were or have been: And that, for Time to come, the said Great Seal, now remaining in Custody of the said Commissioners, continue and be used for the Great Seal of England: And that all Grants, Commissions, Presentations, Writs, Process, Proceedings, and other Things whatsoever, passed under, or by Authority, of any other Great Seal, since the Two-and-twentieth of May Anno Domini 1642, or hereafter to be passed, be invalid, and of no Effect, to all Intents and Purposes; except such Writs, Process, and Commissions, as, being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid, on or after the said Two-andtwentieth Day of May, and before the Twenty-eighth Day of November Anno Domini 1643, were afterwards proceeded upon, returned into, or put in Use in any of the King's Courts at Westminster; and except the Grant to Mr. Justice Bacon to be one of the Justices of the King's Bench; and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery, Assize, and Nisi Prius, or Oyer and Terminer, passed under any other Great Seal than the Seal aforesaid, in Custody of the said Commissioners, before the First of October 1642: And that all Grants of Offices, Lands, Tenements, or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons, Bodies Politick or Corporate, since the Cessation made in Ireland the Fifteenth Day of September 1643, shall be null and void: And that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland, since the said Cessation, shall be null and void.
WHereas the Accompt of John Towse, Thomas Foote, John Kenrick, Thomas Cullam, Simon Edmonds, Esquires, and Aldermen of the City of London, John Lamott, and Edward Claxton, of the same, Esquires, Chief Commissioners and Governors for the whole Receipts of the Excise and New Impost, established by Ordinance of Parliament, dated the Eleventh of September 1643, beginning the said Eleventh of September 1643, and ending the Eleventh of September 1644, have been duly audited, examined, and pricked over with the Vouchers, Entries, and Books of Accompts in the several Offices throughout the Kingdom, by Thomas Fawconberg and Wm. Bond Esquires, Auditors in that behalf appointed, according to the Directions prescribed in and by several Ordinances of Parliament; which said Accompts have been likewise presented, by the said Auditors, unto the Committee of Lords and Commons for regulating the Excise, and by them considered of, examined, and allowed: Be it therefore Ordained, by the Lords and Commons, in Parliament assembled, That the said Thomas Foot, John Kenrick, Thomas Cullam, Symons Edmonds, John Lamott, and Edward Claxton, surviving Commissioners of Excise, their Heirs, Executors, and Administrators, and every of them, and the Heirs, Executors, and Administrators of the said John Towse, deceased, are and shall be saved harmless, and defended, for any Act or Acts by them, or any of them, or by their Sub-Commissioners, Deputies, or Under-Officers whatsoever, by their Direction, or any of them, done, in the Collecting of the Excise and New Impost, and in the Ordering and Governing thereof: And also that the said Chief Commissioners and Governors of the Excise, their Executors and Administrators, and every of them, are and shall be hereby for ever acquitted and discharged of all Receipts, Payments, Reckonings, Questions, and Demands whatsoever, for one whole Year, beginning the Eleventh of September 1643, and ending the Eleventh of September 1644. Provided nevertheless, That the said Chief Commissioners of Excise shall be liable for such Sums of Monies of the Debts and Surcharges set over insuper upon the Sub-Commissioners and Debtors in the said Accompt, or for any other Monies due for Excise for the said Year, as already have, or hereafter shall, come into their Hands; and no more.