House of Commons Journal Volume 4: 3 July 1646

Journal of the House of Commons: Volume 4, 1644-1646. Originally published by His Majesty's Stationery Office, London, 1802.

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'House of Commons Journal Volume 4: 3 July 1646', in Journal of the House of Commons: Volume 4, 1644-1646, (London, 1802) pp. 599-601. British History Online https://www.british-history.ac.uk/commons-jrnl/vol4/pp599-601 [accessed 19 April 2024]

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Die Veneris, 3 Julii, 1646.

Prayers.

Resolved, &c. That Mr. Thomas Lewis, of Llangorse, and Mr. Hugh Williams, of Talgarthe, of the County of Brecon, shall be repaid the Sum of One hundred and Threescore Pounds by the Committee for Sequestrations, and the Treasurer thereof, within the said County; for which a Receipt from the said Thomas Lewes and Hugh Williams shall be their sufficient Discharge, upon their Account; it being Money forced from the said Thomas Lewes and Hugh Williams, at their late Imprisonment at Ludlowe, by Sir William Vaughan, as appears by a Receipt under his Hand, dated the Third Day of March last.

Ordered, That, To-morrow Morning, the Letter from Staffordshire, in Mr. Speaker's Hand, be read, the first Business.

Ordered, That the Petition of sundry Officers, late Commanders in the Army, be read on Monday next.

Ordered, That Monday next be set apart for taking into Consideration private Business only.

Ordained, by the Lords and Commons, assembled in Parliament, That the Sum of One thousand Pounds be charged upon the Excise of the Town of Lyme, and paid, upon Account and Muster, to Colonel Ceelye's Regiment: And the Receipt of Major Peter Ceelye, or his Assigns, shall be a sufficient Discharge unto the Sub-Commissioners of Excise at Lyme, as also unto the Chief Commissioners of Excise at London, for the said One thousand Pounds.

The Lords Concurrence to be desired herein.

Ordered, That, on Monday Morning, the first Business (it being set apart for private Business), the Report of the Business concerning Mr. Skinner, a Member of this House, be made, and taken into Consideration.

Ordered, That Mr. Richard Browne, a Member of this House, shall have Leave to go into the Country.

Mr. Tate is appointed to go to the Lords, to desire them to hasten the Propositions.

Resolved, &c. That the Horse belonging to the Garison of Rockingham-Castle be forthwith disbanded.

Resolved, &c. That, during such time as the Castle of Rockingham shall be continued a Garison, the Charge thereof be borne and paid by the Three Counties of Northampton, Leicester, and Rutland, equally to be laid upon each County.

The Paper, reported by Sir John Clotworthy, from the Committee of Lords and Commons for the Affairs of Ireland, on Wednesday last, concerning the Ways of Raising of a present Stock of Money to carry on the War, and the Affairs of the Kingdom of Ireland, was this Day read again.

Resolved, &c. That a Letter be forthwith prepared, and sent to his Majesty; to desire him, That he would positively command the Marquis of Ormond forthwith to deliver into the Hands of such as the Parliament of England shall appoint, the City and Castle of Dublyn, and the Town of Tredagh.

His Majesty is, by the said Letter, to be likewise acquainted, according to the Debate of the House, That the Propositions for a safe and well-grounded Peace will be very speedily ready to be presented to him.

The Lord Lieutenant of Ireland, Mr. Holles, Sir John Clotworthy, Mr. Pierpoint, Mr. Reynolds, are appointed to prepare this Letter, and to bring it in To-morrow.

And the Care hereof is more particularly referred to the Lord Lieutenant of Ireland, and Mr. Holles.

Ordered, That it be referred, and especially recommended, to the Committee for the Affairs of Ireland, to meet this Afternoon; and consider of preparing and having in Readiness Forces to be speedily transported; if Occasion shall be, into Lemster in Ireland, for Securing of those Parts.

Resolved, &c. That the Value of Twenty thousand Pounds per Annum, of such Delinquents Estates as are excepted in the Propositions, be appointed and set out to be sold: And that they be sold accordingly.

A Letter from the General, from Oxford, of 30 Junii 1646, signifying, That, by Mr. Herbert, one of the Commissioners, and Mr. Mills the Judge-Advocate of the Army, he had sent the several Seals and Swords of State mentioned in the Fourth Article for the Surrender of Oxon, to be disposed of by the Parliament; and likewise a List, inclosed, of the Particulars delivered; were this Day read.

The House being informed, That Mr. Thomas Herbert, one of the Commissioners of the Army, and Mr. John Mills, Judge Advocate of the Army, were at the Door;

They were called in; and delivered in the Particulars mentioned in the List inclosed in the General's Letter, as followeth.

The List was as followeth;

The Great Seal, of Silver.

The Privy Seal, of Silver.

The Signet, of Gold, and Three Steel Seals for foreign Letters.

The General Seal for the King's-Bench; another for Statutes; and a Third for Sealing of the Bills of Oxon; all of Silver.

The Exchequer Seal, all of Silver.
Court of Wards Seal,
Court of Duchy Seal;

Admiralty Seal, of Brass.

Prerogative Seal, of Lead.

Two other Signets of Gold, and One of Steel, after sent in by Secretary Nicholas to the General.

The Purses for keeping the Great Seal and Privy Seal.

The Sword of State.

Mr. Tate brings Answer, That the Lords had passed all the Propositions formerly sent to them; and were in Consideration of This which was last sent to them; and would speedily send an Answer by Messengers of their own.

Resolved, &c. That the Great Seal, sent by the General from Oxon, shall be defaced and broken.

Resolved, &c. That the Lords Concurrence be desired herein.

Resolved, &c. That this House doth nominate and approve of the Earl of Salisbury to be one of the Commissioners of the Great Seal of England, in the place of the Earl of Bolingbroke, deceased.

The Lords Concurrence to be desired herein.

Resolved, &c. That the General Seal of the King's Bench, now sent from Oxon, shall be defaced and broken.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Exchequer Seal, now sent from Oxon, shall be defaced and broken.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Seal of the Court of Wards, now sent from Oxon, shall be defaced and broken.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Seals of the Admiralty and Prerogative, now sent from Oxon, shall be defaced and broken.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Sword of State, now sent from Oxon, be disposed of to the Custody of the Master of the Jewels.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Privy Seal, and Signet Seals, and other small Seals, be kept locked up in the same Place where the Great Seal is now kept, by Order of both Houses.

The Lords Concurrence to be desired herein.

Resolved, &c. That Two hundred Pounds be bestowed upon Mr. Thomas Herbert, one of the Commissioners of the Army; and Mr. John Mills, Judge-Advocate of the Army; upon each of them One hundred Pounds: And that this Two hundred Pounds be charged upon Haberdashers-Hall; and paid by the Committee there accordingly.

The Lords Concurrence to be desired herein.

Sir Henry Mildmay carried to the Lords, for their Concurrence, the Order for Owen Brereton to be one of the Deputy-Lieutenants of the County of Denbigh: The Order for the Earl of Kent to be Lord Lieutenant of the County of Bedford: The Latin Letters, from both Houses, to the States-General, and to the States of Holland, for Restitution of the Hull Ships and Goods taken by De Witte: The Order for charging the Sum of One thousand Pounds upon the Excise of Lyme for Pay of Colonel Ceelye's Regiment: And the Vote for appointing of the Earl of Salisbury to be one of the Commissioners of the Great Seal of England, in the place of the Earl of Bolingbroke, deceased.

Ordered, That Sir Henry Mildmay do carry to the Lords, for their Concurrence, the Order formerly made concerning the giving to Sir John Corbett the Benefit of a Mortgage of some Lands belonging to Sir Wm. Stafford.

Ordered, That it be referred to the Committee for the Affairs of Ireland, to prepare a Declaration for publishing the Vote for Sale of the Lands of excepted Persons, to the Value of Twenty thousand Pounds per Annum; and to appoint Time and Place, and the Persons they shall come to, for contracting with upon such Sales.

Ordered, That the Sum of Fifty Pounds, appointed to be bestowed upon Mr. Dell, the General's Chaplain, the Sum of Twenty Pounds upon Mr. Threder, and the Sum of Thirty Pounds upon Mr. Heath, by Order of the Twoand-twentieth Day of June last, be paid by the Committee of the Revenue: And that the former Orders for Payment of the said several Sums out of HaberdashersHall be revoked, and made void.

Ordered, That Tuesday Sevennight, being the Fourteenth Day of this instant July, be set apart for a Day of Publick Thanksgiving within the Cities of London and Westminster, Lines of Communication, weekly Bills of Mortality, and Ten Miles about, for the great Mercy of God, in delivering up into the Hands of the Parliament the strong Garison of Oxford, and the Garison of Farringdon, and for reducing the Island of Anglesey: And that the said Day be duly observed and kept within the several Churches and Chapels within the Limits aforesaid: And that the Lord Mayor of the City of London be desired to give Notice hereof to the several Ministers aforesaid.

The Lords Concurrence to be desired herein.

Ordered, That Tuesday Fortnight, being the One-andtwentieth Day of this instant July, be set apart for a Day of Publick Thanksgiving within the several Counties, Cities, and Places within this Kingdom, in the Power of the Parliament, above Ten Miles distant from London, for the great Mercy of God, in delivering up into the Hands of the Parliament the strong Garison of Oxford, and the Garison of Faringdon, and for reducing the Island of Anglesey: And that the Members of this House that serve for the said several Counties, Cities, and Places, do take care that timely Notice hereof be given to the several Ministers within the Limits aforesaid.

The Lords Concurrence to be desired herein.

Ordered, That a Collection be made on Tuesday Sevennight, being appointed for the Day of Publick Thanksgiving, within the several Churches and Chapels in the Cities of London and Westminster, Lines of Communication, weekly Bills of Mortality, and Ten Miles about: The one Moiety thereof to be employed and disposed for the Use of the Poor of the several Parishes within the Limits aforesaid; the other Moiety for the Relief of the Poor of Farringdon, and of the County of Oxon; to be distributed in such Manner, and to such Persons, as the Committee for Regulation of the University of Oxford shall appoint.

Ordered, That Mr. Knightley do, from this House, desire Mr. Henry Wilkinson to preach before the Commons House on Tuesday Sevennight, being the Day of Publick Thanksgiving.

Ordered, That Mr. Miles Corbett do, from this House, desire Mr. Bridge to preach before the Commons House on Tuesday Sevennight, being the Day of Publick Thanksgiving.

Ordered, That it be referred to the Governor of the Castle of Rockingham, and the Committee at Northampton, to examine and certify the Names of such Persons in the said County as have expressed their Disaffections to the Parliament, upon the Coming of Sir Christopher Hatton, Sir Lewes Wattson, and others, that have adhered to the Enemy, into those Parts.

Ordered, That it be referred to the Committee of Lancashire, to examine and certify the Names of such Persons in the said County as have expressed their Disaffections to the Parliament, upon the Coming of any Malignants or Delinquents into those Parts.

Ordered, That, To-morrow, after the Business of the North, if there be Time, the House do proceed in the Consideration of the Report concerning Ireland; if not, that then the House do proceed in the Consideration thereof on Monday Morning next, the first Business.

Resolved, &c. That the Regiment of House under the Command of Colonel Jones, consisting of some Troops, at Chester, and the Regiment under Colonel Sydney, to be made up of the Troops within the Eastern Association, be completed, and dispatched away by the Lord Lieutenant of Ireland: And that he be authorized to grant Commissions unto the Commanders and Officers of those Regiments.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Sum of Three thousand Pounds be allowed to the Committee of Worcestershire, for the better Carrying on of the Siege before Worcester; whereof One thousand Pounds, already charged upon the Receipts of the Excise, in lieu of One thousand Pounds borrowed of the Wood-Money, upon an extraordinary Occasion of Advance of the Army for Redding, and charged to be reimbursed upon the Receipts of the Excise; and, in Default thereof, out of the Remainders of the Wood-Monies; the other Two thousand Pounds out of such Papists Estates of Worcestershire as have been in Arms against the Parliament, or adhered to the Enemies thereof.

The Lords Concurrence to be desired herein.

The humble Petition of Elizabeth Lilbourne, on Behalf of her Husband, close Prisoner in the infamous Prison of Newgate, was this Day read.

The humble Petition of Lieutenant-Colonel John Lilbourne, a Freeman of England; the Copies of Two Orders of the Lords, one of 10 Junii, for summoning the Petitioner; the other of the Eleventh of June, for committing the Petitioner Prisoner to Newgate; a Paper, intituled, The Protestation, Plea and Defence of LieutenantColonel John Lilbourne, given to the Lords, at their Bar, Thursday the Eleventh of June 1646; with his Appeal to his competent, proper, and legal Tryers and Judges, the Commons of England, in Parliament assembled; were all this Day read.

Ordered, That the Committee where Mr. Whitelock hath the Chair, formerly appointed to consider of the Privilege of the Commoners of England, in the Point concerning the bringing any of them to Answer, Tryal, or Judgment, by the Lords, upon the first Instance, without the Transmission of them, and their Cause, by this House, except in case of Breach of the Lords Privilege, do make their Report, on Thursday Morning next, of the State of the whole Business of this Nature referred unto them.

The Question being propounded, That the Petition and Papers of Lieutenant Colonel Lilbourne shall be committed to the Committee formerly appointed to consider of the Privileges of the Commoners of England, or not;

The Question was put, Whether this Question should be now put, or not:

The House was divided.

The Noes went forth.

Mr. Holles, Tellers for the Noe: 47.
Sir Walter Erle, With the Noe,
Sir Arthur Hesilrige, Tellers for the Yea: 62.
Sir John D'Avers, With the Yea,

So as the Question passed with the Affirmative.

And then the Question itself being put;

The House was divided.

The Yeas went forth.

Mr. Holles, Tellers for the Noe: 49.
Sir Walter Erle, With the Noe,
Sir Arthur Hesilrige, Tellers for the Yea: 57.
Sir John D'Avers, With the Yea,

So as the Question passed with the Affirmative. And

It is Resolved, &c. That the Petition and Papers of Lieutenant-Colonel Lilbourne shall be committed to the Committee formerly appointed to consider of the Privileges of the Commoners of England.

Ordered, That it be referred to the said Committee, to consider of the several Pamphlets in Print, intituled, "The Just Man in Bonds;" "The Just Man justified;" and "A Pearl in a Dunghil;" and to examine the whole Business concerning Lieutenant-Colonel Lilbourne: And are to meet upon it To-morrow in the Afternoon, in the StarChamber, at Two of the Clock.

A Message from the Lords, by Doctor Aylett and Doctor Heath;

The Lords have commanded us to let you know, That they do agree to the Proposition concerning the Great Seal; and desire, That it may be communicated to the Scotts Commissioners: That they do agree to the Declaration for saving the Liberties of the Parliament of England; with this Addition: To which they desire your Concurrence; and that it may be communicated to the Scotts Commissioners. They do likewise agree to this Report from the Committee of Foreign Affairs, for Accommodating of Goring-House for Reception of the Extraordinary Ambassador from France; and desire your Concurrence therein. The Earl of Cleveland's Lady being sick, the Lords have given him Leave to go to her into the Country for Three Weeks, and to return again; and they desire your Concurrence therein. They have commanded us to acquaint you, That ...... they have agreed to them, as they came from this House; and they desire they may be communicated to the Scotts Commissioners. They have sent you this Petition of Colonel John Playter's; which is specially recommended to your Considerations.

The Addition to the Declaration was read; and was in hæc verba; viz. "And it is hereby Declared, That both Houses are fully resolved to maintain and preserve inviolably the Solemn League and Covenant, and the Treaties betwixt the Kingdoms of England and Scotland;" and, upon the Question, assented unto.

The Report from the Committee of Foreign Affairs was read: And

Ordered, That it be referred to the Committee of the Revenue: Who are to consider thereof; and report their Opinions thereupon, on Monday Morning next.

Resolved, &c. That the Propositions, as they are now agreed by both Houses, be communicated to the Scotts Commissioners, by the Members of both Houses that are of the Committee of both Kingdoms; and their Concurrence desired thereunto; and that they may with all Speed be sent to the King.

Resolved, &c. That this House doth agree with the Lords, That the Declaration for saving the Rights and Liberties of the Parliament of England, in repealing or altering any Laws to be made upon the Propositions, be communicated to the Scotts Commissioners.-

Resolved, &c. That Sir Walter Erle, Mr. Holles, Sir Philip Stapilton, Sir Peter Wentworth, Mr. Scott, Mr. Love, Mr. Rous, Mr. Walter Long, Sir John Holland, Sir Anthony Irby, Sir Samuel Luke, Mr. Fleetewood, Mr. Hill, Mr. Hallowes, Sir William Waller, Mr. Westrowe, Sir Wm. Litton, Mr. Shuttleworth, Sir Wm. Allonson, Mr. Fell, Sir John Northcote, Mr. Blakiston, Sir Gilbert Gerard, Mr. Tate, Sir John Burgoyne, Sir John D'Avers, Sir John Curson, Mr. Knightley, Mr. Ludlowe, Mr. West, Mr. Walker, Mr. Edwards, and Mr. Palmer, be added to the Committee to whom Colonel Lilbourne's Petition, Papers, and Books, were this Day referred.-

Answer returned by the same Messengers;

The House hath considered your Message: And, as to the Report from the Committee of Foreign Affairs concerning the French Ambassador, the Earl of Cleveland's Leave to go into the Country, and the Petition of Colonel John Slayter, they will send Answer by Messengers of their own: And, as to the rest, they do agree.

Resolved, &c. That the Great Seal, and the other Seals, that came this Day from Oxford, be sealed up, and delivered to Mr. Speaker, and kept by him, until the House shall call for them.

And the said Seals were all delivered to Mr. Speaker, sealed up, the House sitting, accordingly.