Die Martis, 30 Junii, 1646.
SIR John Evelyn reports, from the Committee of
Lords and Commons for regulating the Excise, the
Opinion of the said Committee, concerning the Payment
of a Debt due from the State to one Claudius Lewis, a Merchant-Stranger. And
It is thereupon Ordered, That it be referred to the
said Committee, and the Committee of Powder, Match,
and Bullet, to take care, that the said Debt may be paid
out of the Twelve thousand Pounds last charged upon the
Receipts of the Grand Excise, for Powder, Match, and
Bullet, by Ordinance of the Twentieth of March last.
Ordered, That the Business of Ireland be taken into
Consideration the first Business, To-morrow Morning, peremptorily.
Ordered, That the Business of the Elections in the
County of Cornewall, and in other Parts of the Kingdom, be taken into Consideration on Friday Morning
Ordered, That Mr. Grantbam, a Member of this House,
shall have Leave to go into the Country.
Ordered, That Mr. Francis Chettle, a Member of this
House, shall have Leave to go into the Country.
Ordered, That Colonel John Fiennes, a Member of
this House, be referred to the Committee of Accompts,
to state and certify his Accompts.
Prima vice lecta est Billa, An Act concerning the Great
Seal of England.
Mr. Sollicitor, Mr. Recorder, Mr. Selden, Mr. Prideaux, Mr. Maynard, Mr. Thorpe, Sir Thomas Widdrington, Mr. Ellys, Mr. John Stephens, Mr. Pierpoint;
This Committee, or any Three of them, are immediately to withdraw; and prepare a Proposition, to be presented to the House, for the making void of the Acts of
the Great Seal carried away by the late Lord Keeper Littleton, and for the Ratifying and Confirming of all Acts
done by the Great Seal attending on the Parliament.
A Letter from Prince Rupert and Prince Maurice, from
Oatlands, of 28 Junii 1646.
A Letter from Prince Rupert, of 29 Junii 1646,
from Oatlands, for Post-Horses, Carriages, and a Pass to
remove thence, were this Day read.
Ordered, That Sir Richard Onsloe, Mr. Goodwyn, Mr.
Stoughton, and the Committee of Surrey, do present the
Names of those Persons, who are to go beyond the Seas
with the Two Princes Rupert and Maurice, unto Mr.
Speaker: And that Mr. Speaker do grant Passes to the
said Princes, and their Servants, to go beyond the Seas
A Letter from the Prince Elector, of 30 Junii 1646,
from Whitehall, desiring to go to his Brothers Prince Rupert and Prince Maurice, upon some domestick Affairs,
was this Day read.
Ordered, That the Prince Elector have Leave to go to
visit his Brothers Prince Rupert and Prince Maurice; so as
such his going to visit them do not retard their Stay and
Abode in this Kingdom.
Sir Wm. Strickland and Sir Henry Mildmay are to acquaint the Prince Elector with this Order.
A Letter from Sir Thomas Fairfax General, from Water-Eaton, of 16 Junii 1646, concerning the Earl of
Bristoll; and a Letter from the said Earl of Bristoll, of
29 Junii 1646, concerning the said Earl's coming to
London; were this Day read.
Ordered, That it be referred to the Committee of Lords
and Commons for the Army, to consult with the Committee of the Militia of the City of London, what is fit
to be done, at this Time, for the Safety of the City and
the Parliament, in reference to those that are lately come
out of the Garison of Oxford, or out of any other Garison
of the King's, or that may hereafter come to the Cities of
London and Westminster, or within the Lines of Communication, or Parts adjacent: And Mr. Scawen is to give
the House an Account hereof on Thursday Morning
Whereas divers Persons, who are excepted in the Propositions of both Kingdoms from all Pardon, have Liberty, by the Articles upon the Surrender of Exeter, Oxford, and other Garisons, to come to London, to endeavour to make their Compositions and Peace with the Parliament: And whereas this House hath resolved, That no
such excepted Persons shall be admitted to any Compositions: It is this Day Ordered, That the Serjeant at Arms
attending on this House do, from time to time, give
Notice of the said Resolution to all such of the said excepted Persons as are already come, or hereafter shall come
or repair to the City of London, or within the Lines of
Communication, and Parts adjacent; to the end they may
forthwith, upon Notice thereof, remove themselves thence,
and not return under Pretence of any such Endeavour;
but that they do depart the Kingdom, according to the
Conditions in the Articles wherein they, or any of them,
Ordered, That this Order be forthwith printed and published, and set up at the several Courts of Guard in and
about the Lines of Communication.
The House being informed, That divers Soldiers of or
belonging to the Garison of Bridgewater were billeted
at the House of Sir Thomas Worth Knight, one of the
Members of this House;
It is Ordered, That the Soldiers now billeted at Sir
Thomas Wrothe's House be forthwith removed thence:
And that no other Soldiers be billeted there for the
The like Order, concerning the Billeting of Soldiers,
is ordered on the Behalf of Mr. Roger Hill, Sir Edward
Baynton, Sir Nevill Poole, Sir John D' Avers, and Colonel
Strode, Members also of this House.
Ordered, That the Business of the North, and the
Letters and Papers thence, and also the Declaration concerning the Misdemeanors of divers of the Scotts Army,
&c. be taken into Consideration on Thursday Morning
next, the first Business.
Ordered, &c. That Mr. Speaker do grant a Pass for
Mrs. Anne Bodevill, Wm. Russell Esquire, Two Men Servants, and one Woman Servant, and their necessary Accommodations, to go into France.
A Letter from Mr. Ram the Minister, of 24 Junii
1646, from Spalding, concerning some Distractions lately
occasioned there by one Mr. Henry Denn an Anabaptist,
was this Day read; and delivered back to Sir Anthony
Mr. Sollicitor reports Instructions for Judges, to be
given in Charge by them in their several Circuits: The
which were read.
The Question being put, For omitting the Clause concerning Church-Government, in the Ninth Article of the
Instructions for the Judges;
It passed with the Affirmative.
Resolved, &c. That one Part of the Instructions to the
Judges shall be, to declare to the People, That the Parliament hath taken away the Court of Wards and
Resolved, &c. That the Sixth Article in the Instructions
to be given to the Judges, concerning Judges, be
And then the said Instructions, so amended, were, upon
the Question, passed; and ordered to be sent unto the
Lords for their Concurrence.
Ordered, &c. That the Report concerning Mr. Tully
his endeavouring to arrest the Prince Elector be made on
Saturday Morning next.
A Message from the Lords, by Doctor Aylett and
The Lords have commanded us to acquaint you, That
they have agreed to the Preamble and Alterations in the
Propositions; and desire, That the Members of this House
of the Committee of both Kingdoms may be appointed,
as the Members of the Lords House are, to communicate
them to the Commissioners of Scotland:- To bring you
these Reports from the Committee of the Admiralty and
Cinque-Ports; which the Lords approve of; and desire
your Concurrence in:-An Ordinance of Captain Batten
to be Governor of Holy-Island: An Ordinance concerning
the Northern Association; to which they agree, with these
Amendments; wherein they desire your Concurrence:
The Petition of Sir Anthony St. John, for his Arrears;
which is specially recommended to your Consideration:
Also the Petition of Colonel Leighton.
The Question being propounded, For agreeing with
the Lords to appoint the Members of this House that
are of the Committee of both Kingdoms, to communicate
the Preamble and Alterations to the Propositions to the
The Question was put, Whether this Question shall be
now put, or not.
The House was divided.
The Noes went forth.
||Tellers for the Yea:
|Sir Wm. Waller,
||With the Yea,
|Sir Wm. Brereton,
||Tellers for the Noe:
|Mr. Robert Goodwyn,
||With the Noe,
So as the Question passed with the Negative.
Upon the Reports from the Committee of Lords and
Commons for the Admiralty and Cinque-Ports;
It is Resolved, &c. That this House doth agree with
the Lords; and doth nominate and approve of Thomas
Glynn Esquire to be Vice-Admiral of North-Wales; and
also of William Fixwist Esquire to be Judge, John Parry
to be Register, and Thomas Wynn to be Marshal of the said
The Ordinance for appointing Captain Robert Batten
to be Captain of the Two Forts in Holy-Island and FerneIsland, and Governor of the said Two Islands, was read;
and, upon the Question, assented unto.
The Amendments, sent from the Lords, to the Ordinance concerning the Northern Association, were read;
and, upon the Question, referred to the Consideration of
the Committee for the Northern Association: Who are to
report the same on Thursday Morning next.
And the Care hereof is referred to Sir Thomas Widdrington.
The Report from the Committee of Lords and Commons for the Admiralty and Cinque-Ports, concerning
Mr. John Duncalfe, and others, to be approved of for
Officers in the Vice-Admiralty of Yorkeshire, was read;
and ordered to be referred to the Consideration of the
Committee of the Northern Association.
The Report from the Committee of Lords and Commons for the Admiralty and Cinque-Ports, for Approbation of the Persons therein named to be Officers in the
Vice-Admiralty for North-Wales, was read: And
Ordered, That it be referred to the Consideration of
the Committee for Wales.
A Report from the Committee of Lords and Commons
for the Admiralty and Cinque-Ports, concerning the Payment of the Sum of Sixty-nine Pounds Nineteen Shillings and Six-pence to Mr. John Wheeler, for the Value of
so much in Money and Timber taken from him by the
Captain of Hurst-Castle, and employed in the Service of
the State, was read; and nothing done upon it.
Ordered, &c. That the Committee for the Revenue do
forthwith pay the Sum of Sixty-nine Pounds Nineteen
Shillings and Six-pence unto Mr. John Wheeler, or his
Assigns, in Satisfaction of the Monies and Timber taken
from him by Captain Baxter Captain of Hurst-Castle, and
employed by the said Captain for the Repair of the said
Castle, and the Use of the Garison there.
The Lords Paper, containing their Desires for the Payment of the Arrears due to Sir Anthony St. John, for his
Pay in the Service of the Parliament, was read; and nothing done upon it.
Ordered, &c. That it be referred to the Committee of
Accompts, to state and certify the Accompts of Sir Anthony St. John, and what is due unto him for the Arrears
of his Pay in the Service of the Parliament.
The humble Petition of Colonel Leighton was read;
and nothing done upon it.
Ordered, &c. That it be referred to the Committee of
Accompts, to state and certify the Accompts of Colonel
Leighton, and what is due to him for Pay in the Service
of the Parliament.
Resolved, &c. That these Two Petitions, and this Paper,
this Day sent from the Lords, being for Monies, are a
Breach of the Privileges of this House.
Resolved, &c. That the Lords be acquainted, at a Conference, with this Breach of Privilege.
Answer returned by the same Messengers;
The House hath considered your Message: And, as to
the Approving of Mr. Glyn, and the other Persons in that
Report, to be Officers of the Vice-Admiralty in North
Wales, they do agree: And, as to the rest, they will send
Answer by Messengers of their own.
Instructions for the Judges, to be given in Charge by
them in their several Circuits.
I. In their Charges, to let the People know, That the
Intentions and Endeavour of this Parliament have been,
and yet are, to free the Subjects of this Kingdom from
all unlawful Taxes and Charges, and from all arbitrary
Power in Judicature, to be exercised over them, concerning their Lives, Persons, or Estates.
II. That, in pursuance of these their Intentions, by the
Endeavour of this present Parliament, the inlarged Bounds
of Forests, Ship-Money, Money for Knighthood, Monopolies, Coat and Conduct-Money, and all other unlawful
Taxes and Charges upon Wares and Merchandize, and
inland Goods, have been taken away; and likewise the
Star-Chamber, High-Commission Court, the Bishops, and
their Courts, the Marshal's Court called the Court of Honour, the Court of the President at Yorke, have been
taken away; and the Council Board, Stannary-Courts, and
of the President and Council of the Marches in Wales, regulated, and brought within due Bounds.
III. That whereas, sithence the Beginning of this War,
many and great Sessments, and other Charges, have been
laid upon them by the Parliament, to the Impoverishing
of them in their Estates; and unusual and vast Powers have
been exercised over them by Governors of Forts, Castles,
and Towns, by Committees of Parliament, and otherwise,
by Authority from the Parliament; to let them know,
That the Parliament, in this Time of War, was necessitated thereunto, for the Good of the Kingdom; and that
what hath been done at such a Time of Necessity, shall
not be drawn into Example to their future Prejudice.
To let them know the Necessity of this War; and that
it was not lightly undertaken, but to preserve the true
Reformed Protestant Religion, and the Laws made this
present Parliament, and in former Ages, for the Ease and
Liberty of the Subjects; and for bringing Traitors, and
other notorious Delinquents, to Justice: That, as the present War hath cost the Kingdom much Blood and Treasure; so Magna Charta, and the Liberties, that from our
Ancestors descended upon us, cost them much Sweat and
Blood: That we were bound to be as just to our Children,
and the Generations to come, as they were unto us.
To let them know, that all or most of the Lords and
Commons, who serve in Parliament, have been as deep Sufferers by the War as others, besides their daily Labour
To let them know, That, as, by the Blessing of God
upon the Forces of the Parliament, the Strength of the
Enemy is much abated, and divers Places are now in the
Power of the Parliament, which formerly were under the
Enemy; so, as the Necessity of the War will permit,
they will proceed to mitigate and abate those Charges:
And, as they have already laid down some Garisons, so are
they discharging all others that shall not be found necessary
to be continued, until the Peace, by God's Blessing, be
fully settled: Which Garisons likewise in the Power of
the Governors, and in the Pay, shall be regulated, and
put into an orderly way.
To let them know, That the Houses are sensible of the
Miseries that inevitably accompany a Civil War; and that
they will take all Occasions to procure a safe and wellgrounded Peace: And as, since the present War, the
Parliament hath twice sent Propositions to the King for
Peace; the First whereof were treated upon at Oxford
about March 1643; and the Second at Uxbridge, in February 1644; so have they again agreed upon Propositions
to be speedily sent for that End.
To let the People know the Care the Parliament hath
taken, that, as far as the Distraction of the Time would
permit, the publick Justice of the Kingdom should be
administred, by providing a Great Seal, the other being
carried to Oxford; without which the Judges would
have had nothing to do; nor any Felons, Murders, or
Robberies, been punished; nor Sheriffs, nor Justices of
the Peace, been made; nor Writs could have been awarded
for new Elections of Members in the Commons House in
Places vacant: That, in Part, they have supplied the Places
of the Judges that deserted their Trust: And whereas
divers that have been nominated Justices of the Peace in
Counties have not yet taken their Oaths, whereby the Service in their Counties is neglected, the Judges are to return
Whereas, by That which hath been done in this Time of
War, the true Intention of the Parliament may be misconstrued, as if they intended, by themselves, or others
under their Authority, to exercise an unusual and arbitrary
Power over their Fellow-Subjects; to let them know, as,
by their Endeavours, the Star-Chamber, and the other
arbitrary Courts before-mentioned, have been taken away,
and others regulated, so they do intend to regulate the
Proceedings in the Chancery, 'Chequer-Chamber, and
other Courts; and that the Houses of Parliament, nor
either of them, will interrupt the inferior Courts of Justice
in their usual and just Proceedings: And to let them
know, That the Intention of the Houses have been, and
still are, to endeavour the Taking away of all arbitrary
Power in Judicature; and that the Lives, Persons, and
Estates, of the Subject be judged and determined by
the ancient and known Laws of the Kingdom; that the
Peace not being yet fully settled, there is more Cause
now, than at other Times, to take care, that Watch and
Ward be made in the several Parishes and Places fitting
for Apprehending of Soldiers without Passes, and all other
Persons suspicious; to be careful of Alehouses, and other
Places, where loose and disorderly Persons usually resort.
To see the Laws against Jesuits and Popish Priests, and
the other good Laws of the Kingdom, be duly put in
Execution; and, in special, those that concern Robberies,
Thefts, and Murders.