House of Commons Journal Volume 2: 30 December 1642

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.

1^a 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King's Proclamation not to be published.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.

1^a 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

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.