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
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
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
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
Resolved, That this House doth approve of what the
Council of State hath done, in committing Col. Tho.
Harrison to the Tower for High Treason.
Whereas Col. Thomas Harrison is committed Prisoner
to the Tower for High Treason, by Warrant from the
Council of State;
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
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
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
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.
Ordered, That the Thanks of this House be given to
the Mayor and Magistrates of Harwich, for their Care in
Intimation being this Day given to this House, that the
Earl of Worcester is well content that Chepstow Castle,
whereof he is Owner, be slighted, and demolished;
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.
Ordered, That the Thanks of this House be given to
Alderman John Robinson, for his Forwardness to accommodate this Service.
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.
Resolved, That this House doth agree with the Committee, that the said Mr. Foxwist is duly elected, and do
sit in this House.
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
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
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.
Ordered, That the said Mayor be forthwith committed
to the Custody of the Serjeant at Arms attending this
House, till further Order.
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.
Mr. Speaker left the Chair:
Sir Thomas Widdrington took the Chair:
Mr. Speaker resumed the Chair:
Sir Thomas Widdrington reports from the Grand Committee, for raising Money to pay the Arrears of the Army
and Navy, that the Committee desire the Leave of this
House to sit To-morrow at Nine a Clock.
Resolved, That this House be resolved into a Grand
Committee To-morrow Morning at Nine of the Clock,
upon this Business.
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.