Die Veneris, 30 Decembris, 1642.
PRAYERS.
Charde Vicarage.
AN Order for the Enabling of John Harvey Clerk to
serve the Cure, and receive the Profits, of the Vicarage of Charde, in the County of Sommersett (being the
same, mutatis mutandis, as that for Silkston), was read;
and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords, by Mr. Rous, for their
Concurrence.
Affronts to Hertford Committee.
Ordered, That the humble Petition of divers of the
Committee for Subscriptions, of the County of Herts,
complaining of some Obstructions and Affronts they received in the Performance of that Service, be referred
unto the Committee for Informations.
Abolishing Episcopacy.
1a
vice lecta est Billa, An Act for the utter Taking
away all Archbishops, Bishops, Deans, Deans and Chapters, &c. out of the Church of England and Dominion of
Wales.
King's Proclamation not to be published.
Ordered, That the Sheriffs of London and Middlesex be
injoined not to publish his Majesty's Proclamation, intituled, "A Proclamation, prohibiting the Payment and
Receipt of Tonage and Poundage, and other Impositions
upon Merchandizes, under Colour of the late pretended
Ordinance of both Houses of Parliament:" And, for their
due and respective Obedience to this Order, they shall be
protected, and saved harmless, by Authority of Parliament.
Abolishing Episcopacy.
1a
vice lecta est Billa, An Act for the utter Taking away
all Archbishops, Bishops, Deans, Deans and Chapters,
&c. out of the Church of England and Dominion of
Wales; and, upon Question, committed unto a Committee of the whole House: And are to meet upon it
To-morrow Morning at Nine of Clock.
Charde Vicarage.
THE Lords and Commons, for divers weighty Reasons, having declared, That they intend altogether to
abolish and take away the Jurisdiction and Office of
Archbishops ... Bishops, within the Realm of England
and Dominion of Wales; and now considering how much
Prejudice hath been brought upon this Church and State,
by such unworthy Persons as are usually presented to
those Benefices, within this Kingdom, whereof they are
Patrons; having, for the most Part, constantly promoted
such as have fomented the Distempers wherewith this
Kingdom is so much afflicted; and being informed, That
the Vicarage of Charde, within the Jurisdiction of the
Presentation of the Bishop of Bathe and Welles, is now
lately become void; It is this Day Ordered, by the
Lords and Commons, That John Hervey, Clerk, shall
be enabled to serve the Cure, and receive the Profits
and Fruits of the Vicarage of Charde aforesaid, in the
County of Sommersett: And the Bishop and Archdeacon
of Bathe and Welles are hereby prohibited to present or
grant Institution or Induction to any other Clerk, for the
Vicarage of Charde, until both Houses of Parliament
shall take farther Order concerning the same.
Privilege-Reflections on a Member.
Arnold, the Serjeant's Deputy, that was sent for Sir
Tho. Jermyn, was called in: Who informed the House,
That, coming to Sir Tho. Jermyn, to desire that he
might have Satisfaction for attending upon him; Sir Tho.
Jermyn replied, "Dost thou think, that I have not been
sufficiently charged and troubled for every Lie that the
Knave Gourdon shall tell to the House of Commons?"
Resolved, That Sir Tho. Jermyn shall be forthwith
summoned, in safe Custody, to answer this Complaint
against him, of Words informed to be spoken by him
against Mr. Gourdon.
Message to Lords.
Sir Wm. Brereton carried up to the Lords the Order
concerning Charde: And went with the Message, concerning a Conference to be had with the Lords, touching the
Lancashire Instructions.
Answer.
Sir Wm. Brereton brings Answer, That the Lords do
agree to the Order concerning Charde in Sommersettshire; and do attend to give a Meeting, at a Conference,
concerning Lancashire Instructions.
Conference.
Mr. Rigby, Sir Wm. Brereton, are appointed Reporters
of this Conference.
Lancashire Instructions.
Mr. Rigby reports from the Conference, That the
Lords do pass the Instructions for Lancashire, with these
Amendments; viz. in the First Article, instead of the
Commission of Array, to be sent to the Speaker of the
House of Commons, that the Commission be sent to the
Parliament: And that the Sixteenth Article, concerning
the Chancellor of the Duchy, &c. be left out.
The Amendments were put to the Question; and,
by Vote, assented unto; and ordered to be amended
accordingly.
Message to Lords.
Sir Tho. Barrington is, To-morrow, appointed to desire the Lords to expedite the Bill concerning scandalous
Ministers; and concerning the Creditors of Sir Tho.
Dawes. He is likewise to put the Lords in mind of the
..... sent from this House, concerning the Removal of
the Capuchins; and concerning the Master of the Rolls.
Officers Pay.
Ordered, That the Officers and Soldiers, employed in
the County of Lincolne, shall have no more or other Pay
than the Officers and other Soldiers of the Army under
the Command of the Earl of Essex have, by the Establishment of the Army: And the Committee in that
County are required to take the Accompts of the said
Officers, and to regulate them according to the Pay and
Establishment of the said Army; and to return an Account of them to this House.
State of Yorkeshire.
A Relation of the State of Yorkeshire, brought by a
Gentleman of Credit and Quality, was this Day read,
and ordered to be forthwith printed.
Warwickshire Instructions.
Message from the Lords, by Dr. Mason and Dr. Aylett;
That the Lords do agree to the Instructions for Warwickshire, &c. with an Amendment.
Which Amendment was read; and, upon the Question, assented unto.
Answer returned by the same Messengers; That this
House doth assent to the Amendment.
Redress of Blakeston, &c.
Mr. Long, Mr. Cage, Mr. Hoyle, Sir Jo. Evelyn, Sir
Wm. Armyn, Sir Hen. Heyman, Sir Nath. Barnardiston,
Mr. Hill, Sir Wm. Strictland, Sir Wm. Masham, Mr.
Holland, Serjeant Wilde;
This Committee is to examine the Truth of the Fact,
of the Relation made by Mr. Blakeston; and to consider
of Means for his Redress, and others: And are to meet
on Monday, at Two Clock, in the Court of Wards:
And have Power to send for Parties, Witnesses, &c.
Reparation to Chambers, &c.
Ordered, That the Committee for the Navy be added
to the Committee appointed to consider of a Reparation
to be made Mr. Chambers, &c.: And that they do consider of Reparation to be made to Mr. Roll: And Mr.
Whitlocke is desired to take Care, that the Committee
do proceed therein.
Declaration concerning Customs.
A Declaration, in Answer to his Majesty's Proclamation, concerning the Receiving and Paying of Customs,
was this Day read; and, by Vote upon the Question,
assented unto; and ordered to be sent unto the Lords,
for their Concurrence.
Ordered, That this Declaration, together with the
former Ordinance, concerning the Paying and Receiving
of Customs, be printed together: And that the Lords
be moved hereunto.
St. Dunstan's Lecturer.
Ordered, That, whereas, by Order of this House of
the Ninth of December, Mr. F. Peck was recommended
and appointed by this House to be Lecturer in the Parish
Church of St. Dunstan's; to preach there every Thursday
at Seven of Clock in the Morning: It is this Day
Ordered, That these Words, "at Seven of the Clock,"
in the said Order, shall be left out.
Propositions to the King.
The Question being propounded, Whether it was
contrary to the Intention of the Order made Yesterday,
to put the Question, to desire his Majesty, that the Earl
of Bristoll may be removed from Court, and disabled
to bear any Office in the Commonwealth;
The Question was put, Whether That Question should
be put: Whereupon
| The House was divided. |
|
| Mr. Martyn, |
Tellers for the Yea, 61. |
| Sir Tho. Barrington, |
| Sir John Holland, |
Tellers for the Noe, 48. |
| Mr. Waller, |
Resolved, upon the Question, That a Desire shall be
made unto his Majesty to remove the Earl of Bristoll
from Court; and that he may bear no Office hereafter
in the Commonwealth.
Resolved, &c. That it shall be desired of his Majesty
in these Propositions, That my Lord Herbert, of Ragland, may be removed from the Verge of the Court; and
be disabled to bear any Office in the Commonwealth.
Ordered, That the Name of Wm. Lenthall Esquire,
Speaker of the House of Commons, be added in the
Propositions, to be recommended unto his Majesty to
be Master of the Rolls, according to a former Vote of
this House.
Resolved, That particular Men shall be named in these
Propositions, to be Judges of the Courts of Westminster.
Resolved, &c. That his Majesty shall be desired, in
these Propositions, to grant his Letters Patents to Sir
John Bramston, to be Chief Justice in his Majesty's
Court of King's Bench.
Propositions to the King.
Resolved, That his Majesty shall be desired, in these
Propositions, to grant his Letters Patents to Wm.
Lenthall Esquire, Speaker of the House of Commons,
to be Master of the Rolls.
Resolved, That his Majesty shall be desired, that the
Lord Chief Justice Bankes may continue Chief Justice
in his Majesty's Court of Common Pleas.
Resolved, That his Majesty shall be desired, in these
Propositions, to grant his Letters Patents to Mr. Serjeant
Wilde, to be Chief Baron of his Majesty's Court of Exchequer.
Resolved, &c. That his Majesty shall be desired, in
these Propositions, that Mr. Justice Reeves may be made
One of the Judges of his Majesty's Court of King's Bench.
Resolved, That his Majesty shall be desired, that Mr.
Justice Bacon may be continued One of the Judges in
his Majesty's Court of King's Bench.
Resolved, &c. That his Majesty shall be desired, in
these Propositions, that Mr. Serjeant Rolle may be One
of the Judges of his Majesty's Court of King's Bench.
Resolved, That Mr. Serjeant Phesant may be One of
the Judges of his Majesty's Court of Common Pleas.
Resolved, That his Majesty shall be desired, in these
Propositions, That Mr. Serjeant Atkins may be One of
the Judges of his Majesty's Court of Common Pleas.
Resolved, &c. That his Majesty shall be desired, in
these Propositions, that Mr. Serjeant Cresheld may be
One of the Barons of his Majesty's Court of Exchequer.
Resolved, That his Majesty's shall be desired, in these
Propositions, That Mr. Samuel Browne may be One of
the Barons of his Majesty's Court of Exchequer.
Resolved, &c. That his Majesty shall be desired, in
these Propositions, that Mr. Jo. Puleston, of the Middle
Temple, may be One of the Barons of the Exchequer.
Resolved, &c. That his Majesty shall be desired, that
all of these, and their Successors, may, from time to
time, hold their Places quam diu bene se gesserint.
Ordered, That the House do proceed To-morrow with
the Propositions.
Declaration concerning Customs.
WHEREAS the Lords and Commons, assembled
in Parliament, have made an Ordinance concerning the
Subsidy of Tonage and Poundage; and having since taken
Notice of a Printed Paper in Form of a Proclamation,
intituled thus, "A Proclamation prohibiting the Payment
and Receipt of Customs, and other maritime Duties, upon
the late pretended Ordinance of both Houses of Parliament;" whereby it is endeavoured, by many untrue Suggestions, and subtile Insinuations, to dissuade and prohibit
the Subjects from giving Obedience to the said Ordinance;
which if it should take Effect (as we are confident it will
not) would tend to the Destruction of Trade, and the Exposing his Majesty's Dominions to the Invasion of foreign
Forces: The said Lords and Commons have thought it
necessary to re-print the said Ordinance, with This their
farther Declaration; That there are no other Customs
settled by that Ordinance, than such as are due by the
Laws and Statutes of this Realm; as will appear to any
ingenuous Person who shall read the same. And whereas
the Contrivers of that Proclamation do therein suggest,
That all such Persons as receive any Sums of Money, by
virtue of the said Ordinance, do incur the Forfeiture of a
Premunire; It is hereby Declared, That no Person, receiving any Sums of Money by virtue of the said Ordinance, is within the Danger of a Premunire, or any other
Penalty whatsoever; because the Intent and Meaning
of that penal Clause was only to restrain the Crown from
imposing any Duty of Payment upon the Subjects without their Consent in Parliament; and was not intended
to extend to any Case whereunto the Lords and Commons give their Assent in Parliament: Besides, the
greatest Sums of Money, to be advanced by that Ordinance, is appointed by the said Ordinance to be raised by
way of Loan; and therefore, without the least Colour of
Objection, to be comprehended within the Danger of
that Penalty. And whereas it is insinuated, that Merchants, paying any Sums of Money by virtue of the said
Ordinance, do thereby incur the aforesaid Penalty; There
needs no other Answer to it, than to refer any Person, of
common Sense, to the Clause itself, mentioned in that
Statute; where it will most evidently appear, that the
Merchant paying is so far from falling into any Danger
of that Penalty, or being comprehended within the Intent
of the Clause that enacts it, that he is not so much as
named within the Words or Letter thereof. And whereas
the Contrivers of that Proclamation do most scandalously
affirm, That the Monies raised by that Ordinance is to
support an unnatural War against his Majesty; and to
foment a civil Dissension: If by fomenting an unnatural
War, it be intended the Maintaining of the Forces, consisting of Papists, and other ill-affected Persons, under
his Majesty's Name, for the Subversion of the Parliament,
Laws, and Religion; we must then confess, that so much
of those Monies as have ..... taken and employed for the
Maintenance of those Forces (for we must acknowledge,
that a considerable Part thereof hath been forced and exacted by the Earl of Newcastle, the Lord Mohun, Sir
Ralph Hopton, and others) were supplied to support an
unnatural War against the King; and to foment a civil
Dissention: But, if otherwise applied; For full Satisfaction therein, it is Declared, That the Money, raised by
virtue of the said Ordinance, and come to the Disposing
of the Parliament, have been, with all Care and Faithfulness, disbursed for the Payment of sundry great and
crying Debts of his Majesty's, due unto his own Officers
of the Navy; and also unto Artificers, Tradesmen, Merchants, Owners of Ships, and Mariners, unto whom his
Majesty was indebted before the Beginning of this Parliament; and likewise for the Setting forth of Two Fleets
of Ships the last Summer, the One for guarding the Coast
of Ireland, and preventing of Aid to come unto those
Rebels; the other for Defence of this Kingdom, and
preventing of foreign Forces and Invasions, not only
threatened, but actually brought into the Northern Parts
of this Kingdom, and for the Preservation of Merchant
Ships from Pirates. And as touching the strange Assertion of the Author of that Proclamation, That, by the
Merchants yielding Obedience to this Ordinance, the
Trade of the Kingdom is much lessened; though we might
here justly take Occasion to manifest, What have been the
Causes of the Obstruction of Trade; and so set forth the
Rebellion of Sir Ralph Hopton in the West, wholly destroying the most flourishing Manufacture of the new
Draperies in those Parts; the Robbing of the common
Carriers and Traunters, by his Majesty's Forces and Cavaliers, of Woollen Cloth and other Manufactures; whereby
the Commerce and Intercourse of Trade, between the
Clothiers of remote Parts, and the Merchants of the City
of London, is interrupted; the Rebels of Ireland setting
forth Men of War, and making Prize of our Merchants,
trading to and from foreign Parts; yet we think not fit
to insist upon it for the present: But must affirm for an
undeniable Truth, that the Monies raised by virtue of that
Ordinance was so far from Lessening of Trade, as that it
was the only Means to maintain the Navy, and several
Fleets of Ships at Sea, which, under God, hath been the
principal Cause of preserving Trade and Commerce;
which otherwise before this Time would have been, by
Pirates, Irish Rebels, and foreign Forces, wholly destroyed;
and not only Trade, but the whole Kingdom, had been
inevitably exposed to those Dangers, by his Majesty's refusing to pass the Bill of Tonage and Poundage, had not
the Parliament wholly taken upon them the Care thereof,
and, by God's Blessing, prevented those Dangers. All which
duly considered, the Lords and Commons do Declare,
That the Ordinance of Parliament, heretofore printed, and
published with the Book of Rates, for the Payment and
Receipt of Customs and Duties upon Merchandize, and
with this Declaration re-printed, is just and necessary for
the Preservation of Trade, and Defence of the Kingdom;
and do therefore expect a due Obedience thereunto, both
by Merchants and Officers; wherein they shall be protected by the Power and Authority of Parliament: And
no Bill of Tonage and Poundage shall pass, but special
Care shall be had for their Indemnity and Satisfaction,
according to the former Ordinance. And the Lords and
Commons do further Declare, That whosoever shall refuse to yield Obedience to the said Ordinance, is deservedly
to be accounted; and is, by this Order, declared to be,
a Person ill-affected to the true Protestant Religion, the
Honour of the King, the Privilege of Parliament, the
Peace and Safety of the Kingdom, and a Fomenter of this
unnatural War by the King, against the Parliament.