House of Commons Journal Volume 5: 1 March 1648

Die Mercurii, 1 Martii, 1647.

Prayers.

Presbyterial Government.

WHEREAS an Ordinance of Parliament was lately passed for the more speedy and effectual Establishment of the Preshyterial Government in the Kingdom of England, and Dominions of Wales; and that, by the said Ordinance, the Classes of the several Counties were appointed to be returned by the Five-and-twentieth of March: It is now Ordered, That the First Day of May next be appointed for the Returning of the said Classes: And that their several Counties do return their several Classes by the First Day of May next, accordingly.

And it is further Ordered, That the Lords Concurrence be desired herein.

Ordered, That Two thousand Copies of the Ordinance lately passed, for the speedy and effectual Establishment of the Presbyterial Government in the Kingdom of England, and Dominion of Wales, be forthwith printed and published: And that the Knights and Burgesses of the several Counties, Cities, and Boroughs, do give Order, That the said Copies be sent unto the several Counties, Cities, and Boroughs, to be distributed and published in the several Counties, Cities, and Places for which they serve.

Ordered, That Mr. Rous and Mr. Nathaniell Bacon do take care, and give Order, That the Returns of the Classes may be printed; to the end the Kingdom may know, What Counties have made their Returns, and what not.

Great Seal.

Ordered, That, To-morrow Morning, the first Business; and nothing to intervene; the Business concerning the Custody of the Great Seal be taken into Consideration; the Ordinance for the present Commissioners determining on Friday next, as is informed.

Presbyterial Government.

Ordered, That Power be given to the Committee of Lords and Commons to whom the Returns of the Classes in the several Counties are appointed to be made, to take such effectual Course, as they, in their Judgments, shall think fit, for the remedying and removing all Obstructions that may or shall happen in the Settling of the Presbyterial Government, according to the Ordinances in that Behalf provided: And have Power to send for Parties and Witnesses.

The Lords Concurrence to be desired herein.

Ordinance for Assessments.

An Ordinance for an Assessment of Threescore thousand Pounds per mensem, for Maintenance of the Forces under the Command of Sir Thomas Fairefaxe, was this Day read the First and Second Time; and, upon the Question, committed unto a Committee of the whole House: Who are appointed to meet upon it To-morrow at Two post meridiem.

Levying Forces.

Ordered, That the Orders, Yesterday passed both Houses, touching the Levying and Transporting of Forces for Foreign Service, be forthwith published by Beat of Drum, and Sound of Trumpet: And it is referred to the Committee of Lords and Commons at Derby House, to take speedy Care, that the said Orders may be forthwith published by Beat of Drum, and Sound of Trumpet.

Navy Supply.

Ordered, by the Lords and Commons, assembled in Parliament, That the Ten thousand Pounds, borrowed of the Commissioners of Excise in the Month of February last, for the present Supply of the Navy, be paid to Sir Henry Vane Knight, Treasurer of the Navy: And the Receipt of the said Sir Heny Vane, and the Order of the Committee of the Navy, or any Five or more of them, shall be a sufficient Discharge unto the said Commissioners of Excise, their Executors, Administrators, and Assignees, for the Payment of the said Ten thousand Pounds, accordingly.

Customs.

The Commissioners of the Customs were called in: And Alderman Avery did deliver in their Answer, in Writing, to the State of the whole Accompts of their Receipts and Disbursements, delivered in by Mr. Toomes, the Surveyor General, on Saturday 15 Februarii last.

The which was read.

Newport Writ.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of Two Burgesses to serve in this Present Parliament for the Borough of Newport in the County of Cornwall, in the places of Sir Philip Percivall and Nicholas Leech, Esquires, deceased.

Malden Writ.

Ordered, That a Warrant shall issue out, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the New Election of One Burgess to serve in this present Parliament for the Borough of Malden in the County of Essex, in the place of Sir John Clotworthy, formerly chosen for that Place, and, by Order of this House, disabled.

Customs.

Ordered, That the Answer of the Commissioners of the Customs to the State of their Receipts and Disbursements, presented to this House by Mr. Toomes, Surveyor General of the Customs, according to the Direction of an Order of this House, of 19 Februarii, 1647, be forthwith sent to Mr. Toomes, to peruse: And that the said Mr. Toomes be required, To-morrow Morning, to attend this House; and to give his Reply to the said Answer: And the Commissioners of the Customs are likewise required to attend the House, to hear his Reply.

The other publick Officers of the State of the Customhouse are likewise required to attend here To-morrow Morning.

Message to Lords.

Sir Walter Erle carried to the Lords, for their Concurrence, Order for the Commissioners of Excise not to be removed out of their Employments, until they be reimbursed Ten thousand Pounds: Order, That Ten thousand Pounds, borrowed of the Commissioners of Excise, for the Use of the Navy, be paid to Sir Henry Vane: Order for returning the Classes the First Day of May next: Order, That Power be given to the Committee of Lords and Commons to remove Obstructions about settling the Presbyterial Government: And Order, That the Orders passed Yesterday, touching levying Forces for Foreign Service, be published by Beat of Drum, and Sound of Trumpet.

Answer.

Sir Walter Erle brings Answer, That the Lords do agree to all the Particulars carried by him.

Disbanding Soldiers.

Ordered, That Lieutenant General Cromwell, and Sir Anthony Irby make their Reports, touching the Disbanding of Soldiers in the Eastern Association, on Saturday next; and of the Business concerning Auditor Broad.

Colonel Whalley.

Ordered, That the Ordinance concerning Colonel Whalley be read on Saturday Morning next.

Messages from Lords.

A Message from the Lords, by Dr. Heath and Mr. Hakewill:

The Lords have agreed to the Declaration in Answer to the Papers of the Scotts Commissioners, formerly published touching the Disposal of the King's Person. They have sent unto you the Petition of Mr. Endymion Porter to be admitted to his Composition:-A Petition of Sir Jacob Astley, with an Order upon it; which they have passed; and desire the Concurrence of this House:-An Order for making Mr. Edward Reynolds, Divinity Prosessor in the University of Oxon, Dean of Christ Church; and others, named in the said Order, Prebends of Christ Church in Oxon:-A Petition of Major General Sterlyng and Lieutenant Colonel Marshall; which they recommend unto the Consideration of this House:-An Order for making Mr. Sem Coxe Rector of the Rectory of Teasdale in the County of Duresme; which the Lords have passed; and desire the Concurrence of this House therein:-A Report from the Committee of Lords and Commons for the Affairs of Ireland, at Derby House, for appointing of Mr. Hawkins Commissary General of the Victuals for Ireland:-An Order for making Mr. Richard Clampe Searcher of the Port of Kingslyn.

A Message from the Lords, by Sir Edward Leech and Mr. Page;

The Lords have commanded us to deliver unto you these Votes, concerning the Duke of York: An Order, That Hampton Court may be kept free for the King's Children; in which the Lords desire the Concurrence of this House: -A Desire of the French Ambassador to transport some Horse for the Use of the French King: The Lords agree, That he shall pass Twenty; and desire the Concurrence of this House:-An Order, That the Earl of Cleveland may stay at his House at Toddington:-A Petition of the Lord Lambert; which the Lords do especially recommend to the Consideration of this House, in respect of his great Services and Losses, and his Arrears:- Two Reports from the Committee of the Admiralty; one for the Island Guard; the other for Repair of the Works about the Town of Margate; to which the Lords agree; and desire the Concurrence of this House:-A Pardon for some poor Prisoners in the Gaols of Norfolk Circuit:-An Order for Mr. Robert Spavan to be Master of the Armoury: -Another for Mr. Knapman, a Minister, to be Pastor of Brideston in the County of Devon; in which the Lords desire the Concurrence of this House:-A Petition of the Daughters of Sir Alexander Brett: A Petition of the Treasurer of the Magazine of Westminster: The which they recommend to the Consideration of this House.

Message from Lords.

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

The Lords have commanded us to deliver unto you an Order for continuing of the Committee of the Admiralty and Cinque Ports for Seven Months longer; wherein the Lords agree; and desire the Concurrence of this House:-An Order from the Committee of the Admiralty, concerning Sea Laws:-A Petition of the Lady Moore's:-A Petition of Sir Wm. Anderson and Mr. Norris; which the Lords recommend unto the Consideration of this House.

Answer to Scotts.

Ordered, That the Committee of Lords and Commons, at Derby House, do send unto the Commissioners in Scotland, the Answer of the Lords and Commons to the Scotts Commissioners Papers formerly published, touching the Disposal of the King's Person; with Order and Instruction to the said Commissioners, to communicate the same from both Houses to the Parliament of Scotland, and to the Convention and Committee of Estates.

Astley's Sequestration.

Whereas the Lords and Commons have, by Ordinance of Parliament, disposed of the Lands and Estate of Sir Jacob Astley, in Kent, to John Stephens Esquire, a Member of this House, and his Heirs: It is Ordered, That this House doth allow and accept of the said Lands and Estate of the said Sir Jacob Astley in Kent, so disposed, as aforesaid, for a Fine, for the Delinquency of the said Sir Jacob Astley: And that the Sequestration of the Remainder of the said Sir Jacob Astley's Estate and Lands being at Wells in Norfolk, be clearly discharged: And that it be referred to the Committee at Goldsmiths Hall, at their next Report, to report an Ordinance for the Discharge of his Sequestration, accordingly.

Dean, &c. of Christ Church.

The Order for making Mr. Edward Reynolds Collegiate Dean of Christ Church in Oxon, and for making Mr. Christofer Rogers, Mr. Henry Wilkinson, and Mr. Henry Langley, Collegiate Prebendaries of Christ Church, was read; and, with the Addition of these Words, "in denying the Power and Authority of Parliament," after the Word "Parliament," in the Fourth Line, agreed unto: And

Ordered, That the Lords Concurrence be desired in the said Addition.

Duke of Yorke, &c.

The Votes concerning the Duke of Yorke were read; and agreed unto; and were in hæc verba; viz.

Upon Consideration of the Letter sent to the House of Peers, from the Duke of York, bearing Date the Twoand-twentieth of February instant, whereby he engageth his Honour and Faith, never more to engage himself in such Businesses; and also in Consideration of the Report from the Committee of Lords and Commons, sitting at Derby House;

It is this Day Ordered, by the Lords and Commons, in Parliament assembled, That the Earl of Northumberland be desired to take the best Care he can of the Duke of York, and the rest of the King's Children; and to continue them still under his Charge and Care.

Ordered, That, upon the Duke of York's Letter of the Twentieth of this Instant, they have condescended to give so much Credit to the Engagements and Ingenuity expressed in his said Letter, and to the Tenderness of his Years, as to pass by all such other Resolutions as they might justly have taken upon this Occasion; and do desire the Earl of Northumberland, That he will still continue, under his Care, the said Duke, and the rest of the King's Children, which are now under the Protection of the Parliament.

Ordered, That the Earl of Northumberland be desired, from time to time, to put from attending the Duke, and the rest of the King's Children, all such Persons whom he shall conceive to be any ways ill-affected, or likely to promote any Design to the Prejudice of the Parliament.

Ordered, That all Papists, and such other Persons as have been in Arms, or adhered to the King, in this War, against the Parliament, be restrained from coming to or speaking with the Duke, or others of the King's Children, but in the Presence of the Earl of Northumberland: And that the said Earl of Northumberland be desired to give Order to all his Servants, and the Servants that attend the King's Children to take care, that this Order be duly observed: And the said Servants are hereby required to take care, that no such Persons as aforementioned, do come or speak with the Duke, or any the King's Children: And that they do acquaint the Earl of Northumberland, or one or both of the Houses of Parliament, forthwith, if any such Persons have Resort unto the King's Children: And the said Servants are enjoined to be careful herein; as they will answer the contrary to the Parliament.

Ordered, by the Lords and Commons, in Parliament assembled, That Hampton Court be kept free for the King's Children: And that the Earl of Northumberland have hereby Liberty to remove them thither, when his Lordship shall think fit.

Navy.

Whereas the Fishing upon the North Seas is of very good Concernment to this Kingdom: It is Ordered, by the Lords and Commons, That, for the Guard of the Ships employed upon the said Fishery, there be presently taken up Two Vessels, both bearing not above One hundred Men, in the Whole, over and besides the Ships agreed upon for the next Summer's Fleet.

Margate Port.

Ordered, That the Commissioners of the Great Seal do forthwith issue a Commission, under the Great Seal; to able Persons in the County of Kent, to view and survey the Decays of certain jettie Works belonging to the Town and Port of Margate; and to take the usual Course for Remedies therein as by Law is provided.

Prisoners pardoned.

Ordered, by the Lords and Commons, That the Commissioners of the Great Seal do pass, under the Great Seal, a Pardon, in course, to certain poor Prisoners now remaining in the Gaols of the Norfolk Circuit, certified by Baron Trevour, and Mr. Justice Phesant, to be fit objects of Mercy, their Facts being, some of them, small, and their first Offences; and others the Evidence very doubtful, who were spared from Execution, some by the said Baron Trevour, and Justice Phesant, and some by other Judges and Justices; conceiving them fit Subjects of Mercy.

Admiralty.

Ordered, by the Lords and Commons, in Parliament assembled, That the Committee of Lords and Commons for the Admiralty and Cinque Ports be continued Seven Months longer, from the Date hereof, according unto the Powers formerly granted unto them.

Ministers of Religion.

Ordered, That, on Friday next, if the Confession of Faith shall then be determined; or otherwise, so soon as the same shall be determined; on these Days that are appointed for Church Business, the several Ordinances that are in the House, for placing of Ministers in several Livings, be read.

Messages be conside.

Ordered, That, on Wednesday next, the House do proceed in the Consideration of the rest of the Particulars of the several Messages this Day sent from the Lords.

Admiralty.

Ordered, That Sir Wm. Massam, Mr. Miles Corbett, Colonel Stapley, Mr. Hatcher, Colonel Morley, Colonel Thompson, Mr. Samuel Vassall, and Mr. Snelling, be added to the Committee of Lords and Commons for the Admiralty and Cinque Ports.

The Lords Concurrence to be desired herein.

Answers to Lords.

Answer returned by the First Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.

Answer returned by the Second Messengers; That this House has considered their Lordships Message; and do agree to the Votes concerning the Duke of York; to the Order, That Hampton Court be kept free for the King's Children; to the Report for a Guard for the North Sea Fishing; to the Pardon, in Course, for some poor Prisoners in the Gaols of Norfolk Circuit: To the rest, they will send Answer by Messengers of their own.

Answer returned by the Third Message; That this House has considered their Lordships Message: And, to the Order for continuing the Committee of Lords and Commons for the Admiralty and Cinque Ports for Seven Months longer, they do agree: To the rest, They will send Answer by Messengers of their own.