Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Monday, July the 25th, 1659.
Council of State.
COLONEL Wauton reports from the Council of State, That it be humbly offered to the Parliament, That their Order of the Twenty-sixth of May, renewed the Twenty-third of June last, giving Power to the Council of State, for issuing Money for carrying on the Affairs of the Nation, is expired: And that the Parliament be desired to declare their Pleasure therein.
Correspondence with Tuscany.
Ordered, That it be referred to the Council of State, to signify to this House, How Matters stand between the Duke of Tuscany and this Commonwealth; and to prepare an Answer to this Letter, to be signed by Mr. Speaker.
Recorder of Canterbury.
Resolved, That Thomas St. Nicholas Esquire, Clerk of the Parliament, Recorder of the City of Canterbury, shall be, and is hereby, authorized and impowered to nominate and make a Deputy to execute the said Office of Recorder of the City of Canterbury, and of a Justice of the Peace there, until the Seventh of May next; and that the Person, so to be nominated by him, shall be, and is hereby, impowered and authorized to execute the said Office, for and in the Name of the said Thomas St. Nicholas, as fully and amply, to all Intents and Purposes, as the said Thomas St. Nicholas might or ought to do, if he was there personally present, and did the same.
A List of the Names of Commission-Officers, formerly reported from the Commissioners for nominating Commission-Officers, wherein Phillip Twisleton is named Colonel of a Regiment of Horse; and of other Commission-Officers in the said Regiment; was read: And the Officers therein named, being severally put to the Question, were approved of.
Whereas Peter Murford was committed to the Commissioners for nominating Commission-Officers, to consider of him, as to his being a Commission-Officer, in the Garison of Portsmouth: It is Ordered, That if the said Commissioners do not find him fit to be employed there, that then they do think of some fit Subsistence for the Livelihood of the said Peter Murford; and report it to this House, to be settled upon him, accordingly.
Sir Arthur Hesilrig reports from the Commissioners for nominating Commission-Officers, A List of CommissionOfficers; viz. Robert Gibbon to be Colonel of a Regiment of Foot; and of other Commission-Officers in the said Regiment: Which List was read; and is as followeth; viz.
Sir Arthur Hesilrig also reports from the Commissioners, A List of Commission-Officers; viz. Colonel Marke Grymes to be Governor of the Garison of Cardiffe, and other Commission-Officers: Which List was read.
He also reports from the said Commissioners, That Dr. Gideon Harvey be nominated, and humbly presented to the Parliament for their Approbation, to be Physician to the Forces in Flanders, in the place and stead of Dr. Saltonstall, deceased.
He also reports from the Council of State, That the Committee of the Army do, in their Warrants for the Pay of the several Regiments of Horse in England and Wales, make Allowance of Pay to all such Soldiers, as by Order from Lieutenant-General Fleetwood, since the Twenty-eight Day of March last, have been, or shall be, entertained into the several Troops of Horse, for the making up of each Troop to the Number of Sixty private Soldiers: And that the Treasurers at War do pay the said Warrants of the said Committee accordingly.
Resolved, That this House doth agree with the Council of State, That the Committee of the Army do, in their Warrants for the Pay of the several Regiments of Horse in England and Wales, make Allowance of Pay to all such Soldiers, as by Order from Lieutenant-General Fleetwood, since the Twenty-eight Day of March last, have been or shall be entertained into the several Troops of Horse, for the making up of each Troop to the Number of Sixty private Soldiers: And that the Treasurers at War do pay the said Warrants of the said Committee accordingly.
He also reports from the Commissioners for nominating Commission-Officers, That Power be given to the said Commissioners to order and direct, Upon what Musters the several Officers of the Armies of England and Scotland, upon the late Alteration, shall be paid.
Ordered, That Power be and is hereby given to the Commissioners for Nomination of Commission-Officers, to order and direct, Upon what Musters the several Officers of the Armies of England and Scotland, upon the late Alteration, shall be paid.
Protections to Witnesses.
Colonel White reports from the Commissioners for bringing in the Revenue, That Protections be given to Thomas Fritter, Phillip Cooper, John Smith, and Hugh Hurst, Witnesses, for proving Articles exhibited against the Commissioners for Prize-Goods, and their Officers.
Ordered, That Protection be, and is hereby, given unto Thomas Fritter, Phillip Cooper, John Smith, and Hugh Hurst, for One Month, safely to go and come about the said Business, without Interruption of any Person whatsoever.
A List of Commission-Officers in the Six Regiments of Foot now raising by the Commissioners for the Militia in the City of London, and Liberties thereof, formerly presented to this House, and read, was now again read.
They were called in: And, being come to the Clerk's Table, Mr. Speaker acquainted them with the great Trust reposed in them by the Parliament; and that the Parliament expects Faithfulness from them to the Parliament and Commonwealth, according to their Trusts: And thereupon delivered to them their Commissions; viz.
A Commission for the Commissioners of the Treasury was read the First and Second time; and, upon the Question, committed to the Committee to whom the Bill giving Powers to Commissioners for the Treasury is committed: And that the said Committee be revived: And do meet this Afternoon, at Two of the Clock, in the Speaker's Chamber: And that Mr. Solicitor Reynolds, Colonel White, Mr. Robert Goodwin, Mr. Richard Darley, and Mr. Millington, be added to that Committee.
Colonel Morley, a Member of the Parliament, coming out of his Place to the Clerk's Table; Mr. Speaker there told him, That he knew the Trust and Confidence that this House reposed in him; and doubted not of his faithful Discharge of his Trust: And thereupon Mr. Speaker delivered to the said Colonel Morley his Commission to be Colonel of a Regiment of Foot, and Captain of a Company of Foot in the said Regiment.
Ordered, That the Commission-Officers of the Army in England, who are already passed, or shall hereafter pass, the Approbation of the Parliament, who are absent, and whose Commissions are not, nor cannot conveniently be, delivered to them in the usual way in the House, shall have their repective Commissions delivered unto them by the Commissioners for the Militia in the several Counties, or any Three of them; the said Officers declaring or signing the Engagement appointed by the Act of Indemnity; which the said Commissioners are to certify to the Parliament, or Council of State.
Ordered, That such Commission-Officers of the Army, as are already passed, or hereafter shall pass, the Parliament's Approbation, who are absent in Scotland, whose Commissions are not, nor cannot conveniently be, delivered to them in the usual way in the House, their Commissions shall be delivered by such Commissioners, as shall be appointed for the Government of Scotland; the said Officers declaring or signing the Engagement appointed by the Act of Indemnity; which the said Commissioners are to certify to the Parliament, or Council of State.
Mr. West reports, from the Committee touching Second Moieties, The Sum in Arrear to the Commonwealth from Purchasers for Second Moieties, unpaid to the Treasurers at Drury-House, and the Second Moieties due for Bishops Lands, and the Second Moieties due for Deans and Chapters Lands.
Mr. West also reports, An Act for compelling the Payment in of Second Moieties due for Lands forfeited to the Commonwealth for Treason, with Interest for Forbearance thereof: Which was read the First time.
Ordered, That it be referred to the same Committee, to examine the Business touching the Second Moieties to be paid by Purchasers of the Lands late of the Marquis of Winchester; and to state Matter of Fact; and report their Opinion therein to this House.
An additional Clause and Proviso was tendered to the said Bill, in these Words; viz. "And be it further Enacted and Ordained, That where any Person or Persons shall be charged, by virtue of this Act, or any other Act now in Force, for settling the Militia in this Nation, to find a Horse, Horses, and Arms, in such County, City, or Place, where he or they do not reside or inhabit; that then, and in all such Cases, the Commissioners for the Militia shall send Notice of every such Charge, if such Person have such Land in his own Occupation, to such Person as he doth employ as his Servant in managing the same; and, in case all his Lands, or other Estate, be demised, and to Farm lett, then to such Tenant or Tenants who have the same in their Occupation; who are hereby required forthwith, with all convenient Speed, to convey the same to their Master or Landlord, respectively; and, within such time as the Commissioners shall appoint, bring an Account of their Master's or Landlord's Answer, to the Commissioners of the Militia: And, upon Neglect or Refusal of the Landlord to provide such Horse, Horses, and Arms, as is charged upon him, within the Time limited by the Commissioners aforesaid; that then the said Tenant or Tenants shall provide and do as their Landlord in that Behalf ought to have done: And, if the said Tenant or Tenants shall refuse or neglect to provide such Horse, Horses, and Arms, as are charged upon his or their Landlord, within the Time limited by the Commissioners aforesaid; that then, upon every such Default, it shall and may be lawful to and for the Commissioners, or any Five of them, by Warrant under their Hands and Seals, to levy all such Penalties which are appointed by this Act, by Distress and Sale of the Offender's Goods. And it is hereby Ordained and Enacted, That it shall and may be lawful for the said Tenant and Tenants to defalk, out of such Rent as shall be next due to his or their Landlord, all such Money as the said Tenant or Tenants shall lay out or expend in providing such Horse, Horses, and Arms, as are charged upon his or their Landlord, or shall pay, or be levied upon him or them, by Distress, for any Default in manner aforesaid; any Condition, Reservation, Covenant, or Contract, to the contrary in any-wise notwithstanding: And, for so doing, the said Tenant and Tenants shall be indemnified by Authority of Parliament; unless the Landlord or Landlords shall make it appear, within One Month after levying such Penalties, before the Commissioners for the Militia, that the Default and Penalty was occasioned with the wilful Neglect of the said Tenant or Tenants. Provided always, and it is hereby Enacted and Ordained, Where any Person or Persons shall be charged with Horse, Horses, and Arms, and not be allowed by the Commissioners for the Militia to put Riders upon them; or shall not have his or their usual Residence in such County, Place, or City, where he or they are charged; that then, and in every such Case, the said Person or Persons charged as aforesaid, paying, within Days after Notice, left in Manner and at the Place aforesaid, the Sum of Ten Pounds for every Horse and Arms charged upon him to the Commissioners for the Militia in the respective Counties, respectively, or any Three of them; or to such Person as they shall appoint to receive the same; that then, and from thenceforth, every such Person and Persons is hereby discharged from being further charged, by virtue of this Act, to find any Horse, Horses, or Arms, or Foot-Soldier: And the said Commissioners are hereby required from time to time to give an Account to the Parliament, or Council of State, of all such Sum or Sums of Money, as shall be received by them, accordingly:" Which Clause and Proviso was read the First time.