Journal of the House of Commons: Volume 8, 1660-1667. Originally published by His Majesty's Stationery Office, London, 1802.
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Monday, May 21st, 1660.
Proceedings against the Regicides.
MR. Annesley reports the Conference had with the Lords, on Saturday last, touching the Votes for securing the Persons, and Estates, of the Persons who sat in Judgment upon the late King, when Sentence of Death was pronounced against him; that the Lords do not agree to these Votes, as they were brought up, in respect they do intrench upon the ancient Privileges of their House; Judicature in Parliament being solely in the Lords House; and the Votes brought up were such.
That notwithstanding, their Lordships were so careful of the Matter, as they should not lose Time for the Manner; and therefore have issued out an Order of their own, for doing That which was desired; in which Order, Col. Thomlinson is omitted, according to the Desire of the House of Commons:
That the Third Vote relates to a Council of State, which the Lords conceive not in Being; and therefore have resolved, That such Emergencies as shall necessarily arise during his Majesty's Absence, and until his Pleasure be further known, for his Majesty's Service, and the Peace of the Kingdom, shall be transacted, henceforth, by the Committee of Lords and Commons appointed for the Reception of his Majesty; wherein their Lordships desire the Concurrence of the House of Commons.
Ordered, That Serjeant Hales, Serjeant Browne, Mr. Finch, Mr. Turner, Serj. Maynard, Sir Wm. Lewis, Serj. Glyn, Mr. Vowell, Mr. Pryn, Mr. Charlton, Sir John Northcot, Mr. Swayle, Lord President Annesley, Lord Commissioner Widdrington, be a Committee to peruse the Journal Books, state Matter of Fact upon the whole Matter of this Conference, and prepare Heads for a free Conference with the Lords; and are to meet this Afternoon, at Two of the Clock, in the Speaker's Chamber.
Ordered, That the Council of State do forthwith take Order for the stopping of all the Ports; to the end that none of those who are ordered to be apprehended, as having sat in Judgment upon the late King's Majesty, may make Escape beyond the Seas; taking care, that this Direction be executed in such a Way as may be most advantageous for the Service, and by such Persons they shall judge fit to be trusted in this Case.
Resolved, That no Money or Bullion be exported out of this Realm, to any Parts beyond the Seas, without the Approbation of Parliament; and that it be referred to the Council of State to take care thereof; and, upon any Address made to them for Liberty in that Behalf, to report the Case to this House, for their Direction therein.
The Lord President reports from the Council of State, that Col. Thomas Harrison being, by Order of this House, sent up in Custody; the Council of State, in order to their Service, and for his better securing, have issued a Warrant for his Commitment to the Tower for High Treason, till he shall be thence delivered by due Course of Law; wherein the Pleasure of the House was humbly prayed.
Resolved, That Col. Thomas Harrison be kept close Prisoner: And the Lieutenant of the Tower is to take Order accordingly; and to permit him to have One Servant with him, under the same close Restraint with himself.
Ordered, That it be left to the Council of State to give Order to the Lieutenant of the Tower, for permitting, or not permitting, the Wife of Major Creed, now a close Prisoner in the Tower, to remain with him, in his close Restraint, as they shall see Cause.
The Lord President also reports from the Council of State, that several Complaints have been made to the Council of State, of the Seizure of Goods, in several Places, by private Persons, without any legal Authority; on Colour that they belong to his Majesty, and otherwise; particularly Three Cabinets, claimed by Col. Lambert's Lady, which, in their Passage from Wimbleton, were seized upon at Battersea as the King's Goods; though she offers Testimony, that they were bought new within these Five or Six Years: And a Horse of Col. Charles Fleetwood's, in his way to London (whither he was coming up, under the Charge of Col. Fleetwood's Servant, for Sir Lyonell Talmarsh) was seized by one Warner, Col. Fleetwood's Neighbour; and is now with Captain Crane of Castle Rising, a Militia Officer; wherein the Pleasure of the House was humbly prayed:
Resolved, That it be referred to the Members of this House, who are Members of the Council of State, to consider of all Seizures which shall be represented to them to be made by any Persons, of Goods, whether as belonging to the King's Majesty, or to any of those Persons who are ordered, by this House, to be secured; and to give such Orders as shall be meet for their Preservation and Security.
Resolved, That the Horse belonging to Col. Charles Fleetwood, which was seized by one Warner, be forthwith restored to Col. Fleetwood: And that the Three Cabinets claimed by Col. Lambert's Wife, and seized at Battersea, be also restored to her; it first appearing that the same do not belong to the King's Majesty: Which the Council of State are to put into a Way of Examination; as also whether any Writings are in them of publick Importance; to which End they are to be opened; and, if any of the said Writings shall be found to be of publick Importance, the Council of State are to secure them.
Resolved, That Col. John Desbrowe, who, as the House was this Day informed, is seized upon by the Sheriffs of Essex, (being found near the Sea Side in those Parts) be forthwith sent up in Custody, by the said Sheriff, to the Council of State; who are to examine him touching the Cause of his being in those Parts; and, upon his Examination, to commit him, or set him at Liberty, as they shall find Cause.
Resolved, That Two new Maces be forthwith provided, one for this House, and the other for the Council of State, with the Crown and King's Majesty's Arms, and such other Ornaments as have been usual: And it is referred to the Council of State to take care, that the same be provided accordingly.
Geo. Fox, &c.
The House being informed, that Two Quakers, (that is to say) George Fox, and Rob. Gressingham, have lately made a great Disturbance at Harwich; and that the said George Fox, who pretends to be a Preacher, did lately, in his preaching there, speak Words much reflecting on the Government and Ministry, to the near causing of a Mutiny, and is now committed by the Mayor and Magistrates there;
Ordered, That the said George Fox, and Robert Gressingham, be forthwith brought up in Custody: And that the Sheriff of the County of Essex do receive them, and give his Assistance for the conveying them up accordingly, and delivering them into the Charge of the Serjeant at Arms attending this House.
Resolved, That it be referred to the Lord General Monck, upon speaking with the Earl of Worcester and the Lord Herbert therein, to give such Order, both as to the slighting or demolishing of the said Castle, and to the Way of doing it, as he shall find meet; and also to dispose of the Magazine, and Ordnance, and other publick Ammunition there, as shall be most for the securing thereof, for his Majesty's Service.
Repayment of Advances.
Resolved, That One thousand Pounds, advanced by Alderman John Robinson, towards the Charge of preparing Requisites for his Majesty's Reception, be repaid to the said Alderman, with Interest, after Six per Cent. out of the first Monies that shall come in upon the Twenty thousand Pounds assigned for that Service: And that the Council of State take Order accordingly.
St. Alban's Election.
Mr. Turner reports from the Committee for Privileges and Elections, the Case upon the Return for the Borough of Saint Alban's in the County of Hertford; that, upon Examination of the Fact, it appeared, that, according to the Poll taken by the Officers appointed thereunto by the Mayor of the said Borough, Wm. Foxwist, Esq; had the greater Number of Voices than Col. Alban Cox; and that although by the Poll taken by another Person, who was not appointed by the Mayor, Col. Cox had a greater Number of Voices than the said Mr. Foxwist, the Committee are notwithstanding of Opinion, the said other Officer being not so appointed by the Mayor, that the said Mr. Foxwist is duly elected, and ought to sit.
He also reports from the said Committee, the Case upon the double Return for the City of Chichester in the County of Sussex; That, upon Examination of the Fact, the Question appeared to be, whether the free Citizens alone, or the Commonalty at large, ought to elect; and that, upon View of their own Books, it appeared, that for One-and-twenty Parliaments, the Commonalty, as well as the Citizens, had had Voice in the electing of Members to serve in Parliament; and that thereupon the Committee were of Opinion, that the Commonalty of the said Borough, together with the free Citizens, have Right of Election; and that John Farrington, Gentleman, is accordingly duly elected, and ought to sit.
Resolved, That this House doth agree with the Committee, that the said Mr. Farrington is duly elected, and do sit in this House; and that the Mayor of the said City be forthwith called in, and amend the said Return accordingly.
He also reports from the said Committee, that the Mayor of Chichester had several ancient Precedents offered unto him, to shew the Commonalty's Right to elect for that City; and that the Recorder of the City offered him his Advice therein; nevertheless the Mayor refused to own the Precedents, or hearken to the said Advice.
The Mayor of Chichester, according to the Order of this Day, came, together with the Clerk of the Crown, to the Clerk's Table; and amended the Return for the City of Chichester; the Name of John Farrington, Gentleman, being inserted in the Place of Wm. Cawley, Esq;
The Mayor of Chichester was this Day called to the Bar of this House; and kneeling there, Mr. Speaker did let him know, that the House had considered of the Return by him made for the City of Chichester; and that they look upon his Carriage therein as a wilful Contempt, having refused to admit the Voices of the Commonalty to make Election; it appearing, that, for One-and-twenty several Parliaments, they, as well as the Citizens, had Votes for the electing of Members to serve in Parliament; and that therefore the Error was wilful, and done in Contempt of this Authority, and in Breach of his Trust; and that though his Office deserved a more severe Punishment, yet there being a Disposition in this House to extend Mercy, they have contented themselves with his Restraint; and that therefore he stands committed for his Contempt to the Serjeant at Arms.
Army and Navy Arrears.
Resolved, That this House doth declare, that no Person presume to seize any Man's Goods, but by Order of Parliament, or other legal Warrant; and that such Orders and Warrants be executed by known Officers.