Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Thursday, July the 7th, 1659.
WHEREAS this House was informed, That Thomas Fanshawe Esquire, and Catharine his Wife, have brought an Action of the Case upon an Assumpsit in the Upper Bench, against Ralph Darnall Esquire, ClerkAssistant to the Parliament; and have given Notice for a Tryal at the next Assizes at Hertford; the said Ralph Darnall being attending the Service of this House; It is
Ordered, by the Parliament, That the said Ralph Darnall shall be, and is hereby, allowed his Privilege as Clerk-Assistant to the Parliament: And the Judges of Assize and Nisi prius, and the said Thomas Fanshaw, and Katharine his Wife, their Counsellors, Attornies, and Solicitors, and every of them, are required to take Notice hereof; and to forbear to proceed any further in the said Cause, against the said Ralph Darnall, Sitting the Parliament, as they will answer the contrary at their Peril.
Mr. West reports Amendments to the Bill for settling the Militia of the several Counties in England and Wales: Which were twice read; and the Names, upon the Question, re-committed; and ordered to be brought in on Saturday next.
And the Amendments to the said Bill, being put to the Question, were agreed unto.
Ordered, That this Bill be ingrossed, with Blanks for the Names of the Commissioners.
Business to be proceeded in.
Resolved, That, for Eight Days now next ensuing, the House do meddle with nothing but the Act of Indemnity, settling the Militias, and raising Monies.
Ordered, That the Report of the Amendments to the Bill for Indemnity be made To-morrow Morning.
Ordered, That Edmond Waters, named a Commissioner in the Act for settling the Militia of Westminster, being mistaken, and made Edward Waters, in the said Act, be amended: And that the said Edmund Waters be, and is hereby, impowered and required to act as a Commissioner for the said Militia, as fully as if he had been rightly named in the said Act.
The House being informed, That Colonel Disbrowe, and divers other Officers of the Army, were at the Door;
They were called in: And, coming to the Clerk's Table, in usual manner; Mr. Speaker acquainted them with the great Trust the Parliament reposed in them; and that the Parliament did expect Faithfulness from them to the Parliament and Commonwealth of England: And thereupon delivered unto them their Commissions; viz.
To Colonel John Desbrowe, his Commission to be Colonel of a Regiment of Horse:
To Captain-Lieutenant Richard Southwood, his Commission to be Captain-Lieutenant of the said Regiment:
To Lieutenant Thomas Barker, his Commission to be Lieutenant of a Troop in the said Regiment:
To Cornet John Hawkes, his Commission to be Cornet of that Troop:
To Captain John Jenkins, his Commission to be Captain of a Troop of Horse in the said Regiment:
To Edward Mercer, his Commission to be Quartermaster of that Troop:
To Captain Edward Scotten, his Commission to be Captain of a Troop of Horse in the said Regiment:
To Lieutenant Thomas Savage, his Commission to be Lieutenant of that Troop:
To Cornet Richard Winsmore, his Commission to be Cornet of a Troop of Horse:
To Captain John Fox, his Commission to be Captain of a Troop of Horse in the said Regiment:
To Lieutenant James Goodwin, his Commission to be Lieutenant of that Troop:
To Cornet James Cockerell, his Commission to be Cornet of a Troop of Horse in the said Regiment:
To Captain Thomas Cooke, his Commission to be Captain of a Regiment of Foot in Colonel John Salmon's Regiment:
To Lieutenant Thomas Pratt, his Commission to be Lieutenant of a Company in the said Regiment:
To Lieutenant Wm. Sadlington, his Commission to be Lieutenant of a Company in the said Regiment.
Ordered, That it be referred to the Commissioners for Nomination of Commission-Officers, to take Care that Colonel Herbert Morley be made a Colonel of a Regiment in the Army.
Thursday, in the Afternoon, July the 7th, 1659.
A BILL, ingrossed, for settling the Militia of the City of London, and Liberties thereof, was this Day read the Third time.
Resolved, That the Word "Three" be made "Five," throughout.
Resolved, That these Words; viz. "or who have any Estate within the said City, and Liberties thereof, proportionably according to such Estates there;" be inserted, in the Ninth and Fifteenth Lines, in the ingrossed Bill.
And the said Bill, so amended, being put to the Question, passed; and ordered, it to be printed and published.
Ordered, That the Qualifications, set forth by the Parliament May 9th, 1659, be printed together with this Act.
Resolved, That Major-General Philip Skippon shall be, and is hereby constituted and appointed Major-General of all the Militia Forces to be raised within the City of London, and Liberties thereof, by one Act of this Parliament, intituled, An Act for settling the Militia of the City of London, and Liberties thereof.
An Act, ingrossed, giving several Powers to the Commissioners for Ireland within named; and declaring several Laws, Ordinances, and Acts of Parliament, to be in Force in Ireland; was this Day read the Third time.
The Question being propounded, That LieutenantGeneral Ludlow shall be one of the Commissioners within this Bill;
And the Question being put, That that Question be now put;
The House was divided.
The Noes went forth.
|Sir Arthur Hesilrig,||Tellers for the Noes:||26.|
|Mr. Solicitor Reynolds,||With the Noes,|
|Major Salway,||Tellers for the Yeas:||22.|
|Mr. Nevill,||With the Yeas,|
So it passed with the Negative.
And the said Bill, being put to the Question, passed.
A Bill for settling the Estates of several Persons, in such forfeited Lands in Ireland, set out in Satisfaction of Debts due to Adventurers, Arrears of Pay to Soldiers, and other publick Debts, was this Day read the Second time; and, upon the Question, committed to the Committee to whom the Petition of the Adventurers for Lands in Ireland was referred: And that Mr. Garland do take care hereof.
Sir Thomas Widdrington reports, Amendments to the Bill for holding an Assize at Durham: Which were Twice read; and, upon the Question, agreed unto.
And the said Bill, so amended, was, upon the Question, passed.
Ordered, That the said Act be ingrossed.
Sheriffs in Scotland.
A Declaration of the Parliament, That a Clause in an Act, intituled, An Act for enabling and authorizing certain Persons to be Justices of the Peace, and Sheriffs, doth not extend to give Sheriffs in Scotland Power to determine Civil Causes, Personal or Real, was read, and agreed unto; and ordered to be printed and published.
Ordered, That Colonel Birch do bring in a Bill on Saturday next, for to hold an Assize at Lancaster.
A Bill for bringing the Revenue of Excise, &c. into the Receipt of the Publick Exchequer, was this Day read the First time.