House of Commons Journal Volume 3
30 October 1643

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1802

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'House of Commons Journal Volume 3: 30 October 1643', Journal of the House of Commons: volume 3: 1643-1644 (1802), pp. 293-296. URL: http://www.british-history.ac.uk/report.aspx?compid=1861 Date accessed: 30 July 2014.


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Die Lunæ, tricesimo Octobris, 1643.

PRAYERS.

Duke of Gloucester's Picture.

ORDERED, That John Van Belcamp, Keeper of his Majesty's Pictures, and Richard Fulcher, Picturedrawer, shall have Mr. Speaker's Licence to go with the Picture of the Duke of Gloucester.

Lady Stafford, &c.

Ordered, That the Countess of Dorsett, and the Gentleman Usher at St. James's, be required not to permit the Lady Stafford, the Lady May, and the Lady Gray, now coming from Oxon to come into St. James's to be received or to stay there, but that they do presently send them back to Oxon.

Epping Vicarage.

An Order for sequestring the Rents, Tythes and Profits of the Vicarage of Epping, in the County of Essex, whereof Thomas Holbeach is now Vicar, to the Use and Advantage of Henry Wilkinson Master of Arts, a godly, learned, and orthodox Divine; who is hereby required to receive the Profits, Rents and Revenues thereof, paying the Duties due to his Majesty; to officiate the said Cure; and to preach diligently to the Parishioners there; was this Day read; and, by Vote upon the Question, assented unto.

Hales' Composition.

Upon the Report from the Committee appointed to consider of the Examinations and Testimonies against Sir Edw. Hales; it is Resolved, &c. That the voluntary Proffer of Sir Edw. Hales, of Six thousand Pounds, to be paid by him for the Use of the Garison of Gloucester, shall be accepted; and the Sequestration of his personal Estate, and of his Lands, and of his Grandchild's Lands, involved with his, shall cease; and their Rents, Goods, Monies, and Writings, sequestred, to be delivered back unto the said Sir Edw. Hales.

Gloucester Garison.

Ordered, That One hundred Carbines complete, over and besides the One hundred already delivered, be also sent, out of the Magazine here, to the City of Gloucester.

Ordered, That Captain Walth. Parry shall have, out the Magazine here, Forty Case of Pistols, and Forty Carbines complete, and Saddles, to recruit his Troop appointed for the Garison of Gloucester.

Sandy's Sequestrations.

Resolved, &c. That the sequestred Estate of Sir Geo. Sandys, shall be allotted and applied to the Benefit and Advantage of Plymouth, notwithstanding any former Order.

Message from Lords.

A Message from the Lords, by Serjeant Whitfield and Serjeant Finch;

The Lords have sent an Ordinance, concerning the Parsonage of Muncton in the County of Kent; in which they desire the Concurrence of this House.

The Lords have commanded as likewise to let you know, That they, having considered of the Petition of the Countess of Carlile, Wife of the now Earl of Carlile, being a Lady that deserves very well of the Parliament, are very desirous to shew her all the Respect that may be; but, in regard of the Ordinance of Sequestration, she is to be allowed but the Fifth Part, being much less than she deserves, their Lordships do recommend the Consideration of her further Desires to the House of Commons; who have lately, upon a Petition of hers preferred to that House, expressed their good Inclinations unto her; which their Lordships very well approve of.

They have likewise sent down Two Papers brought into the Lords House, by a Member of that House, concerning a Member of the House of Commons.

Answer.

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

Government of Portesmouth.

A Return of an Answer from the Lord Wharton, of the Twenty-eighth of October, concerning the Government of the Town of Portesmouth, delivered in by Mr. Lisle, was this Day read.

The Question being put, Whether these Words, viz. "Such a Man, whose Occasions will give him Leave to "reside upon the Place," in the Order on Saturday, made concerning the Government of the Town of Portesmouth, shall be left out;

The House was divided.

Sir Arth. Heselrig, Sir Christ. Yelverton, Tellers for the Yea: with the Yea, 46.
Sir Walth. Erle, Mr. Knightley, Tellers for the Noe: With the Noe, 37.

So that it passed with the Affirmative.

Ordered, That Mr. Whitehead, Sir Tho. Jervoise, Mr. Wallopp, Mr. Lisle, do forthwith repair to my Lord General, and acquaint his Excellency with the Importance of the Town of Portesmouth; and desire him to take such Care of it, that some fit Man may be put in it: And they are to take with them the Answer from my Lord Wharton, touching the Government of Portesmouth; the Petition from the said Town; and the Order then made upon it.

French Ambassador.

Ordered, That Sir Peter Killigrew, shall have Mr. Speaker's Warrant to go to Oxon, and to return with the Prince D'Arcourt, Extraordinary Ambassador, in the same Manner as he had to go with him to Oxon.

Conference with Lords.

A Message from the Lords, by Sir Edw. Leeck and Dr. Aylett;

The Lords desire a Conference, by Committees of both Houses, presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning Sutton's Hospital, and concerning some Ordinances of Parliament.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and will give a present Meeting, as is desired.

Mr. Serjeant Wilde, Mr. Prideaux, Mr. Ellis, are appointed Reporters of this Conference.

Maimed Soldiers.

Mr. Holland is appointed to carry up to the Lords the Ordinance for the Relief of maimed Soldiers.

Western Committee.

Ordered, That the Committee for Security of the Western Counties do meet this Afternoon, at Three of Clock, at Sir Rob. Harley's House.

Hungerford's Petition.

Ordered, That the Committee upon the Petition concerning Sir Edw. Hungerford, do meet Afternoon, at Three of Clock, in the usual Place.

Conference.

A Message from the Lords, by Sir Rob. Riche and Mr. Page;

The Lords do desire, in regard that the Day is so far spent, that the Conference now prayed may be had To-Morrow, at Ten of Clock.

Papers concerning Nicoll.

The Two Papers, sent down from the Lords, in a Message concerning Mr. Nicoll, were both read; and referred unto Mr. Prideaux, Mr. Holland, Mr. Fines, Sir Ant. Irby, Mr. Blakiston, Mr. Erle, Mr. John Browne, Sir Edw. Aiscouge, Sir Peter Wentworth, Sir Franc. Popham, Mr. Wm. Browne, Ld. Ruthen, Sir Rob. Harley, Sir Henry Heyman, Mr. Hollis, Mr. Selden, and all the Gentlemen of the West; or any Four of them, are to consider of the Papers, now sent down from the Lords, concerning Mr. Nicolls; and report to the House, what they think fit to be done upon them; and to meet when and where they please.

Irish Affairs.

Sir John Clotworthy reports from the Committee appointed to consider of the Cessation in Ireland: Whereupon the Votes were read; and, upon the Question, assented unto, being as followeth:

1. That both Houses of Parliament hold, that the Cessation of Arms with the Rebels in Ireland tends to the Destruction of the Protestant Religion, is dishonourable to the English Nation, prejudicial to the Interest of all the Three Kingdoms; and therefore do declare, they neither do, nor can, consent or approve of any such Cessation with the Rebels, pretended to be concluded by the King's Commission.

2. That the War be vigorously prosecuted, notwithstanding this Cessation, by all those who are employed therein, and resolved not to contribute, by consenting thereunto, unto the Destruction of the Protestant Religion, or the Dishonour of the British Nation, who are so deeply concerned and engaged in reducing these barbarous and cruel Rebels.

3. That both Houses of Parliament, to whom the managing of that War is wholly committed, will forthwith provide a settled Course for the Maintenance of those of their Army, in that Kingdom, who shall proceed in the Prosecution of this War: Which Provision is immediately to be sent unto them, for their better Encouragement: And that, when God pleaseth to crown their Endeavours with such Success, that the Kingdom is reduced, every one, according to his Condition and Merit, shall be plentifully rewarded in Land. And whereas the Two Houses of Parliament have heretofore, and, at this Instant, were contriving of a constant Way of providing for the whole Armies there, they hereby declare, that such of those Forces, as shall adhere to this Cessation, having betrayed the Trust reposed in them, shall be no farther taken into their Care; but that such, whose Eyes shall be opened, upon the Discovery of the Treachery and Ruin attending this Cessation, and shall recede from their former condescending thereunto, joining heartily with those that oppose it, shall be taken into the constant Care of the Parliament; and their appearing herein accounted as a Service most acceptable and suitable to their former Professions; and shall be rewarded as the rest of their Fellow Soldiers.

Ordered, That the Residue of the Report made concerning the Cessation in Ireland, be re-committed to the same Committee; and that they bring in something in Answer to the King's Reasons for the Cessation.

Soldiers from Ireland.

Ordered, That my Lord General have Notice, that Two thousand Soldiers are landed at Bristoll, which came out of Ireland.

Gloucester Garison.

Ordered, That the Master of the Stores in the Tower do deliver forthwith Five Chests of Musquets to Mr. Stephens and Mr. Hodges, for the Garison of Gloucester: And this shall be his Warrant.

Levying Money.

An Ordinance for the Lord Denbigh to levy Monies, was read; and re-committed to the same Committee.

Irish Affairs.

Ordered, That the Committee of this House for Irish Affairs do meet To-morrow at Eight of Clock in the Exchequer Chamber, concerning a present Provision for the Army in Ireland: And that the Command of Adventurers for Ireland in London do meet there at the same time: And Sir Jo. Clotworthy is to give them Notice hereof.

Sequestrations.

Ordered, That the Business concerning the Committee of Sequestrations, at Cambden House in London, be referred to the Consideration of the Committee of Lords and Commons for Sequestrations; to be heard on Wednesday next; and that the Committee at Cambden House, and the Committee for Sequestrations for Westminster, to have Notice of this Order.

Newport Garison.

Ordered, That Sir Rowland St. John, Sir Gilb. Pickering, and Mr. Holman, Committees for Northampton; Sir Peter Temple, Sir Wm, Andrew, and Edmond West Esquire, Committees for Bucks; Sir John Burgin, Sir Thomas Ashton, and James Beverly Esquire, Committees for Bedfordshire; the standing Committee at St. Albanes, for Hertfordshire; Sir Dudley North, a Committee for Cambridgeshire; Mr. Winch, a Committee for Huntingtonshire; and Sir Nathaniel Barnardiston, a Committee of Suffolk; do attend my Lord General To-morrow at St. Albanes, to consult and receive Directions, concerning placing and settling a Garison at Newport.

Great Seal.

Whereas the Great Seal of England, which, by the Laws of this Realm, ought to attend the Parliament, being the supreme Court of Justice and Judicature within this Realm, for the Dispatch of the great and weighty Affairs of the Commonwealth, which is especially interested and concerned therein, was, above a Year last past, by the then Lord Keeper thereof, Edward Lord Lyttleton, then a Member and Speaker of the House of Peers in Parliament, contrary to the great Trust in him reposed, and Duty of his Place, secretly and perfidiously conveyed away from the Parliament into the King's Army raised against the Parliament; the said Lord Keeper departing therewith into the said Army, without the Leave or Privity of the said House; by Means whereof great Mischiefs and Inconveniences have ensued to this Kingdom, and the Kingdom of Ireland: And whereas the said Great Seal ought constantly to remain in the Hands and Custody of one or more Officer or Officers sworn for that Service, and to be used and employed for the Weal and Safety of his Majesty's People; which, notwithstanding, hath been divers times sithence the conveying away thereof, as aforesaid, been put into the Hands of other Persons, not sworn, and Popishly and dangerously affected, who have had the disposing and managing thereof at their own Wills and Pleasure, and hath been traiterously and perniciously abused, to the Ruin and Destruction of the Parliament and Kingdom, by granting and issuing out divers illegal Commissions of Array, and other unlawful Commissions, for raising of Forces against the Parliament; by issuing out of most foul and scandalous Papers, under the Name and Title of Proclamations, against both Houses of Parliament, and divers Members thereof, and others adhering to them, proclaiming them Traytors and Rebels; Commissions of Oyer and Terminer to proceed against divers of them as Traytors, and other Commissions to seize and confiscate their Estates, for no other Cause, but for doing their Duties and Services to the Commonwealth; as likewise by granting that horrid Commission, for execution of that most bloody and detestable Design of Waller, Tomkins, and others, for the Destruction of the Parliament, and City of London, and of the Army raised for their just Defence: And, as if Massacres and Assassinations had been but light and venal Crimes, another Commission hath been granted, under the same Seal, for a Cessation of Arms with the barbarous and bloody Rebels in Ireland, after the Effusion of so much innocent Blood and Slaughter of above One hundred thousand Protestants, Men, Women, and Children, by their merciless and bloody Hands; whereupon a Cessation of Arms is accordingly concluded, and those brutish Rebels thereby emboldened to prepare themselves, not only for a total Extirpation of the Protestants remaining there, but for a Conquest also of this Kingdom: And further, by granting of several Commissions, and Offices of Trust and Command, to notorious Papists, who, by the Laws and Statutes of this Realm, are made uncapable thereof; and by conferring of Honours, and Dignities, and granting of Lands and Estates, to divers exorbitant Delinquents, who stand legally impeached of High Treason, and other high Crimes and Misdemeanors in Parliament: All which, and many other unlawful and enormous Acts have passed under the said Great Seal, since the Removal thereof from the Parliament, as aforesaid: Which the Lords and Commons, taking into their Consideration; and, finding all Ways and Means obstructed for the procuring of any Redress from his Majesty in the Premises, notwithstanding their long Hopes, and uncessant Labours, for the obtaining thereof, are bound in Duty, and of Necessity, to provide some speedy Remedy for these insupportable Mischiefs: Be it therefore Declared and Ordained, by the said Lords and Commons assembled in Parliament, That as well all and every the said Acts formerly mentioned, which have passed under the said Great Seal; as also all Letters Patents, and Grants of any Lands, Goods, or Estates, of any Person or Persons whatsoever, for adhering to the Parliament; all Compositions, or Grants of any Wardships, or Leases of any Wards, Lands, Liveries, Primer Seizins, and Ouster-le-mains, all Grants of any Honours, Dignities, Manors, Lands, Hereditaments, or other thing whatsoever, to any Person or Persons, which have voluntarily contributed, or shall voluntarily contribute, any Aid or Assistance to the Maintenance of that unnatural War, raised against the Parliament; and all Pardons, granted to any such Person or Persons; and all other Acts or Things whatsoever, contrary to, or in Derogation of, the Proceedings of both, or either of the Houses of Parliament, which have passed under the said Great Seal, since the Removal thereof from the Parliament, shall be, and are hereby declared to be, utterly invalid, void, and of none Effect, to all Intents and Purposes: And that all and every Act or Thing, which, after the Publication of this Ordinance, shall pass by or under the said Great Seal, or under any Great Seal of England, other than what is hereby appointed and established, shall be utterly void, frustrate, and of no Effect: And every Person or Persons, which shall put the same in Ure, or shall claim any thing thereby, shall be held and adjudged a publick Enemy of this State. And be it further Ordained, by the said Lords and Commons, That a new Great Seal of England, already by them made and provided, shall be forthwith put in Ure; and shall be, and is here authorized and established to be, of like Force, Power, and Validity, to all Intents and Purposes, as any Great Seal of England hath been, or ought to be; and that it shall be put into the Hands and Custody of the Persons hereafter named; who are hereby ordained Commissioners for that Purpose; that is to say Members of the House of Peers, and Members of the House of Commons: Which said Persons, or any Three or more of them, shall have, and are hereby authorized to have, the keeping, ordering, and disposing thereof, as also all such, and the like Power and Authority, as any Lord Chancellor, or Lord Keeper of the said Great Seal, for the time being, hath had, used or ought to have.

Read, resolved, and assented unto; and

Ordered, To be delivered unto the Lords at a Conference To-morrow, at Ten of Clock.

And Mr. Serjeant Wilde and Mr. Prideaux are appointed Managers of this Conference.