House of Commons Journal Volume 3: 17 August 1644

Die Sabbati, Augusti 17, 1644.

PRAYERS.

Durham Militia, &c.

ALETTER from Duresme, of August 5, 1644, from the Commissioners of both Houses, concerning the putting the Militia in Execution; and desiring Sir H. Vane sen. the Lieutenant of the County, to come down; was this Day read.

Ordered, That Sir H. Vane sen. shall have Leave to go down, at his own Conveniency, into the County Palatine of Durham, to put the Militia in Execution, and to settle that County.

Resolved, &c. That Sir Geo. Vane shall be appointed High Sheriff for the County Palatine of Durham: And the Commissioners of the Great Seal are required to pass his Patent under the Great Seal.

Resolved, That this House doth nominate and approve of Sir Hen. Vane jun. Sir George Vane, Mr. John Bra- kenbury, Mr. Thomas Bowes, Sir Henry Gibb, Sir Wm. Langley, Mr. James Clavering, Mr. Tho. Sanderson, Mr. Rich. Bellassis, Mr. Timothy Wittingham, Mr. Tho. Shadforth, Mr. Tho. Lawrence, Mr. Christopher Fulthorpe sen. Mr. Clement Fulthorpe, Mr. Geo. Lilburne, to be Deputy Lieutenants of the County Palatine of Durham.

The Lords Concurrence to be desired herein.

Ordered, That Sir Hen. Vane sen. Sir Wm. Alanson, Mr. Blakiston, and Mr. Whittacre, do forthwith repair to the Bishop of Durham; and require him, in the Name of this House, to deliver unto them the County Palatine Seal; and to return his Answer.

Wareham Garison.

Upon Report from the Committee of the West to whom the Business of the Garison of Wareham was referred;

It is Resolved, &c. That Three hundred Foot, one Company whereof to be under the Command of the Governor, and the other Two Companies under Two Captains to be chosen by the Committees, may con- stantly be kept in Wareham, for the Defence and Pre- servation of that Town.

Resolved, &c. That One of those Five Troops of Horse already raised in the County of Dorsett, may be quartered in the Garison of Wareham, and under the Command of the Governor.

Resolved, &c. That the Garison of Wareham be paid by the Committee of the Country, proportionably with the rest of the Garisons of that County.

Resolved, &c. That Robert Butler Esquire be made Governor of the Town of Wareham.

The Lords Concurrence to be desired herein.

Captain Swanley.

Ordered, That it be referred to the Committee of the Navy, to consider of the Employment of Captain Rob. Swanley, and his Ship; and if they shall find it reason- able to take him into Pay of the State, during the Time that he shall be in the Employment of the State: And are to consider of the Letter of July 26, from the said Captain Rob. Swanley.

Ordnance Stores.

Ordered, That the Lieutenant of the Ordnance do forthwith issue out of the Stores, One hundred Barrels of Powder, to be sent to Plymouth, for the Use of my Lord General's Army, and the Town of Plymouth.

Colonel Farrer.

Ordered, That the Report concerning Lieutenant Colonel Farrer be made on Monday Morning next.

Payment to Massie.

Ordered, That it be recommended to the Committee of the King's Revenue forthwith to issue forth and pay unto Colonel Massie, Governor of Gloucester, Two hun- dred and Fifty Pounds, being Part of the Thousand Pounds formerly bestowed upon Colonel Massie.

Ordered, That the Committee at Haberdashers Hall do pay, out of the Monies that come in upon the Twentieth Part, Two hundred and Fifty Pounds unto Colonel Massie, Governor of Gloucester, being Part of the Thou- sand Pounds formerly bestowed upon Colonel Massie.

Person committed.

Ordered, That Sir Wm. Morton, late Governor of Shudley Castle, be committed to the Tower, there to be kept in safe Custody, being committed for High Treason, and taken in Arms against the Parliament: And the Lieutenant of the Tower is required to take a special Care of them.

Ordination.

The House being informed of some Scruple made by some in the Assembly of Divines, concerning the Time of Ordination;

It was Resolved, upon the Question, That the Intention of the House was, and is, that the Rules of Ordination should be only pro tempore.

Resolved, &c. That Mr. Tate shall be added to the Committee appointed to meet with the Commissioners of the Church of Scotland, and to the Committee appointed to sit with the Assembly of Divines.

Resolved, &c. That Mr. Rous be added to the Com- mittee appointed to meet with the Commissioners of the Church of Scotland.

Resolved, That the Lords Concurrence be desired herein.

Resolved, &c. That it be referred to the Committee appointed to meet with the Commissioners of the Church of Scotland, to acquaint the Commissioners, That this House has already referred it back to the Assembly of Divines, to consider of the Rules of Ordination: And likewise to consider with the Commissioners of the Church of Scotland, how the whole Directory may be expedited: And to report their Opinions to this House.

The Plague.

Ordered, That Mr. Smith, a Member of this House, whose Wife lately died of the Sickness, do, during his Abode in the Temple, restrain himself and Family to his Chamber in the Day-time, and not walk abroad but in the Evening,

Ordered, That Mr. Speaker do give Order, that the Servants of Mr. Smith, who reside in the Rooms belong- ing to the Six Clerks, in the Six Clerks Office, be forth- with removed thence, Mrs. Smith having lately died there of the Sickness.

Lincoln's Inn Minister, &c.

Resolved, &c. That the Benchers of Lincoln's Inn shall have Power to dispose and make Sale of the Chambers of Delinquents within that Inns . . . . Court, and of the Goods therein belonging unto them whose Chamber and Goods there ought to be sequestred, for the better Support of the Minister and Officers of that House, and for the Repair and other Charges of that House.

Lords Concurrence . . . herein.

Derby Se- questrations.

Ordered, by the and Commons, That no Of- ficer, Commander, and Soldier, or other Person whatso- ever, under the Command, Protection, or in the Service, of the King and Parliament, do convert to his or their Use, or do remove, or cause to be removed, out of the County of Derby, any sequestred or sequestrable Lead, Cattle, or other Goods whatsoever, without the Consent of the Committee there for Sequestrations, or major Part of them, first obtained, or by Order hereafter from both Houses of Parliament, as they will answer it at their Pe- rils: And the Committee there for Sequestrations is to give publick Notice hereof throughout the County.

Resolved, That the Lords Concurrence be desired herein.

Convoy for Fishery.

Ordered, That an Ordinance be brought in, concerning the maintaining a Convoy for the Fishery Voyage, accord- ing to the Petition of the Masters of Barques, inhabiting about Hastings, Dover, &c.

Navy.

Ordered, That Mr. Greene do report, on Monday next, the first Business, the Winter Guard at Sea.

Propositions for Peace.

Mr. Perepoint reports, from the Committee of both Kingdoms, the Alterations to the Propositions for Peace, returned from the Convention of States in Scotland: Which were read; together with the Amendments.

Exceptions from Pardon &c.

Ordered, That the several Committees of the several and respective Associations and Counties do meet this Afternoon, and consider of the Names of such Lords, or other Persons, as are fit to be excepted from Pardon; and of such Lords, and other Persons, as are fit to be removed from his Majesty's Councils, and to be disabled for bearing any Office in the Church, or Commonwealth, hereafter; and to present their Names to the House on Monday Morning next: And where no Associations are, the Knights and Burgesses of those Counties to meet, and present Names: And that the Members of the House do attend the several Associations and Committees, for the better Effecting of this Service: And that all other Com- mittees be adjourned till Monday next, in the Afternoon.

Militia.

Mr. Ellis, Mr. Selden, Mr. Solicitor, Mr. Recorder, Sir Robert Pye, Mr. Maynard, Sir Tho. Widdrington;

This Committee is appointed to bring in a Bill for settling the Militia throughout the Kingdom: And it is especially recommended to the Care of Mr. Ellis to bring in the same.

Propositions for Peace.

Mr. Ellis, * Selden, Mr. Solicitor, Mr. Recorder, Sir Robert Pye, Mr. Maynard, Sir Tho. Widdrington, Mr. Hill, Mr. Nicholas, Mr. White, Mr. Corbett, Mr. Pelham, Mr. Lisle, Mr. Reynolds, Serjeant Wilde, Mr. Green, Mr. Cage, Mr. Crue, Mr. Browne, Sir Symonds D'Ewes;

This Committee is to consider of the several Propo- sitions, and to draw into several Bills such of the Propo- sitions as are to be presented to his Majesty, by Bill: And are to divide themselves the better to do it: And to meet this Afternoon, at Three of Clock, in the Exchequer Chamber.

Ordered, That Mr. Recorder do move the Lord Mayor of London, from this House, that he do call a Common Council, to hasten the Propositions to be inserted on the City's Behalf.

Kent Forces, &c.

Upon Report from the Committee of both Kingdoms; it is Resolved, &c. That the Thousand Men raised in Kent, upon the Ordinance of the 12th of July, shall be a Regiment; and that the rest of the Foot of that Asso- ciation shall go for Recruits to Sir Wm. Waller: And it is referred to the Committee of that Association to make the Charge proportionable, in all those Counties, upon this Alteration.

Propositions for Peace.

The House proceeded to the Consideration of the Pro- positions for a well-grounded Peace, and the Alterations to them, returned from the Parliament of Scotland.

Resolved, &c. That Prince Rupert and Prince Maurice shall be Two of the Persons, nominated in the Propo- sitions, to be excepted from Pardon.

Resolved, &c. That this shall be one of the Qualifica- tions to the Fourteenth Proposition for a safe and well- grounded Peace; That likewise a Tenth Part of the Estates of all other Delinquents, within the joint Decla- ration, shall be made incapable of any Employment, as aforesaid: And, in case the Estates, and Proportions afore- mentioned, shall not suffice for the Payment of the pub- lick Engagements whereunto they are only to be em- ployed; that then a new Proportion may be appointed by the joint Advice of both Kingdoms; providing it ex- ceed not the One Moiety of the Estates of the Persons made incapable, as aforesaid; and that it exceed not a Sixth Part of the Estates of the other Delinquents.

Resolved, &c. That this also shall be another Qualifi- cation to the Fourteenth Proposition for a safe and well- grounded Peace; That the Persons and Estates of all common Soldiers, and others, who, in Land and Goods, be not worth Two hundred Pounds, be at Liberty and discharged.

Resolved, &c. That this likewise shall be another Qua- lification to the Fourteenth Proposition for a safe and well- grounded Peace; That an Act be prepared, whereby the Debts of the Kingdom, and the Persons of Delinquents, and the Value of their Estates, may be known; and which Act shall appoint in what Manner the Confiscations and Proportions before-mentioned may be levied and applied to the Discharge of the said Engagements.

Resolved, &c. That this shall be one of the Proposi- tions for a safe and well-grounded Peace; That a Bill be prepared, whereby the Subjects of the Kingdom of Eng- land may be appointed to be armed, trained, and disci- plined.

Resolved, &c. The like, for the Kingdom of Scottland, in such manner as the Estates of Parliament there shall think fit.

Resolved, &c. That this shall be one of the Propo- sitions for a safe and well-grounded Peace; That a Bill may be prepared for the Settling of the Admiralty; and Forces at Sea; and of the Sea Duties; and of the Impo- sitions, and Tonage and Poundage, for the maintaining of the said Sea Forces: The Residue to be settled in the Crown.

The like, for the Kingdom of Scottland, in such man- ner as the Estates of Parliament there shall think fit.

Resolved, &c. That this shall be one of the Proposi- tions for a safe and well-grounded Peace; That an Act for the Settling of all Forces, by Sea and Land, in Com- missioners to be nominated by both Houses of Parlia- ment, of Persons of known Integrity, and such as both Kingdoms may confide in, for their Faithfulness to Reli- gion, and Peace of the Kingdoms, of the House of Peers, and of the House of Commons, who shall be removed or altered, from time to time, as both Houses shall think fit; and, when any shall die, others to be nominated in their Places by the said Houses: Which Commissioners shall have Power.

I. First, To suppress any Forces raised without Autho- rity of both Houses of Parliament, or in the Intervals of Parliament, without Consent of the said Commissioners; and to suppress any foreign Forces that shall invade this Kingdom: And that it shall be High Treason in any who shall levy any Force, without such Authority or Consent, any Commission under the Great Seal, or other Warrant, to the contrary notwithstanding; and they to be incapable of any Pardon from his Majesty, and their Estates to be disposed of as both Houses of Parliament shall think fit.

II. To preserve the Peace now to be settled; and to prevent all Disturbances that may arise, by Occasion of the late Troubles; and to inquire by Jury, and to hear and determine all Violation of the Articles among the Subjects of the Kingdom of England,

So for the Kingdom of Scottland.

III. To have Power to send Part of themselves, so as they exceed not a Third Part, or be not under the Num- ber of, to reside in the Kingdom of Scottland, to assist and vote, as single Persons, with the Commissioners of Scottland, in those Matters wherein the Kingdom of Scottland is only concerned.

So for the Kingdom of Scottland.

IV. That the Commissioners of both Kingdoms may meet as a joint Committee, as they shall see Cause; or sent Part of themselves, as aforesaid to do as followeth:

1. To preserve the Peace betwixt the Kingdoms and the King, and every one of them.

2. To prevent the Violation of the Articles of Peace, as aforesaid; or any Troubles arising in the King- doms; and to hear and determine all Differences that may occasion the same according to the Treaty; and to do further, according as they shall respectively receive Instructions from both Houses of Parlia- ment in England, or the Estates of Parliament in Scottland, and in the Intervals of Parliament, from the Commissioners.

3. To raise and join the Forces of both Kingdoms; to resist all foreign Invasion; and to suppress any Forces raised within any of the Kingdoms, by any Authority under the Great Seal, or other Warrant whatsoever, without Consent of both Houses of Par- liament in England, and the Estates of the Parlia- ment in Scottland, or the said Commissioners of that Kingdom, whereof they are Subjects: And that, in those Cases of joint Concernment to both Kingdoms, the Commissioners to be directed to be there, All, or such Part as aforesaid, to act and direct as joint Commissioners of both Kingdoms.

4. To order the War of Ireland, according to the Or- dinance of the Eleventh of April; and to order the Militia; and conserve the Peace of the Kingdom of Ireland.

Resolved, &c. That this shall be one of the Propo- sitions for a safe and well-grounded Peace; That his Majesty give his Assent to what the Two Kingdoms shall agree upon, in Prosecution of the Articles of the large Treaty, which are not yet finished.

Ordered, That the Nineteenth Proposition, viz. That an Act be passed, That all Peers made since the Day of, and who shall be hereafter made, shall not sit, or vote in the Parliament of England, without Consent of both Houses of Parliament, be referred to the Com- mittee of both Kingdoms; who are take into Conside- ration this Proposition, and the Order for degrading of such Persons who have had Honours conferred upon them, by his Majesty, since he left his Parliament.

So for the Kingdom of Scottland.

Ordered, That the Twentieth Proposition, viz. That an Act be passed, That the Lord Keeper, Lord Treasurer, Deputy or Chief Governor, or Governors of Ireland, Judges of both Benches of the Exchequer, and Wales, be nominated by both Houses of Parliament, to continue quamdiu bene se gesserint; and in Intervals of Parliament, by the afore-mentioned Commissioners, to be approved or disallowed by both Houses, at their next Sitting; be re-committed to the Committee of both Kingdoms; to consider of it, together with the Addition of the Lord Chancellor, or Commissioners of the Great Seal, Com- missioners of the Treasury, Warden of the Cinque Ports, and Judges of the Two Benches and Exchequer in Ireland.

Ordered, That the 21th, 22th, and 23th Propositions, viz. A Proposition for Education and Marriage of the King's Children; a Proposition for uniting the Protestant Princes against the Papists, and concerning the Restitution of the Prince Elector; a Proposition concerning foreign Negociations, and concluding Peace and War with foreign Princes and States; be referred to the Committee of both Kingdoms; to put in Form.

Ordered, That some Members of both Houses may be sent unto the Lord Mayor, Court of Aldermen, and Common Council, to acquaint them, That the Houses are preparing Propositions for a safe and well-grounded Peace: And that both Houses will be ready to take into Consideration such Propositions as they shall present in Behalf of the City of London.

The like for the City of Edenburgh, to be sent to the Convention of Estates of Scottland, or their Committees.

Resolved, &c. That this shall be one of the Proposi- tions for a safe and well-grounded Peace; That an Act of Oblivion, with Exceptions relative to the Qualifications in the Propositions aforesaid, for the joint Declaration, and what other Exceptions the Houses shall think fit.

The like for the Kingdom of Scottland.

Ordered, That the Proposition for disbanding the Armies, be referred to the Committee of both Kingdoms, to put in Form.

Ordered, That the Consideration of the Preamble and Conclusion, and what shall be promissory in them to the King, from both Kingdoms, be referred to the Committee of both Kingdoms.

The Sense and Additions of the Parliament of Scott- land, concerning the Propositions of Peace.

Resolved, &c. In the Title for Convention, to say, "the Parliament of Scottland."

Resolved, &c. 1. That these Words following be added to the First Proposition; viz. "And that this be pub- lickly intimate at all Parish Kirks within his Majesty's Dominions, and all other Places needful:" And, where it is said "Estates of Scottland," That these Words be added, "or Committees flowing from Parliament or Conventions."

2. Resolved, &c. To the Second Article, these Words following to be prefixed; "That his Majesty, according to the laudable Example of his Royal Father, of happy Memory, may be pleased to swear and sign the late solemn League and Covenant;" and, where the Covenant is repeated to say "thereof."

3. Resolved, &c. In the Third Article, after the Word "Prelates," to add these Words, "as doth agree with the Articles of the late Treaty of the Date, at Edenburgh, 20th November, 1643, and joint Declaration of both Kingdoms," in Place of the other Words.

4. agreed to.

5. agreed to.

6. Resolved, &c. To add to this Article, after "Images," "and all other Popish Superstitions and Errors."

7. 8. 9. and 10th, agreed to.

11. Resolved, &c. The Word "next," to be delete in this Article; and, for "Alterations," to say "other Acts;" and, after "Conservators of the Peace," to add "Commissioners for the Common Burthens;" and, for "convened in Parliament," to say "convened in this present Parliament."

12. and 13th, agreed to.

14. Resolved, &c. To insert the Date of the Declaration in this Article, viz. 30 Januarii, 1644, Stilo Scotico.

Qualifications. 1.- To the First: That our Commis- sioners are ready to fill up this, and all other Blanks in the Propositions.

Propositions for Peace.

2. Resolved, &c. The Word "Parliament" to be made "Parliaments;" and to add these Words, "Estates of either Kingdoms."

3. agreed to.

4. Resolved, &c. for "Parliament," to say, "Par- liaments, or Estates of either Kingdoms;" and to begin the Qualification in this Manner, "all Rebels in Ireland, as well British, as Natives, whether Papists, &c."

5. agreed to.

It is answered to the Query, or Sixth Qualification;

6. That they deserve to be esteemed and declared Traitors against King and both Kingdoms; but that our Commissioners are mistrusted with Power to debate and resolve concerning them; providing they be not par- doned or admitted to any publick Place or Employment of the State, nor have Access to his Majesty's Person, according to the Fifth Qualification, without the Advice and Consent of both Kingdoms, whom they have de- clared Traitors. - Referred to the Committee of both Kingdoms, with the Addition of the Proviso.

Resolved, &c. 7. agreed to; and where it is said, "to be free," to add, "of all Personal Censure."

8. Resolved, &c. In this Qualification, to add, after the Word "excepted," in the first Four preceding Qua- lifications.

9. and 10. agreed to.

11. To add to this Qualification, the whole Estates of the Rebels in Ireland, to be employed for the Payment of the publick Debts.-Referred to the Committee of both Kingdoms.

Resolved, &c. 12. agreed to; and, where it is said, "Two hundred Pounds," to add, "Sterling in England, and One hundred Pounds Sterling in Scottland."

13. 14. 15. and 16, agreed to.

17. agreed to; and unto the whole Branches thereof.

18. and 19, agreed to.

20. agreed to: And the like to be in the Kingdom of Scottland; adding "the Justice General, and the Estates, to consider of the Manner thereof."

21. Anent the Proposition for the Education and Marriage of the King's Children; "Their Education to be in the true Protestant Religion; and their Tutors and Governors to be of known Integrity, and to be chosen by the Parliament of both Kingdoms, or their Commis- sioners, in the Intervals betwixt Parliaments: And, as to their Marriage, if they be Male, that they only marry with those of the true Protestant Religion; and the Daughters not to be married, but with Advice and Con- sent of both Parliaments; or their Commissioners, in the Interval betwixt the Parliaments."-Agreed to the Sub- stance.

22. agreed to; and withal, That it be considered, if the Restitution of the Prince Elector should be ex- tended to Prince Rupert and Prince Maurice, who have been so active against these Kingdoms.

23. the Word "Negotiation" to be left out; and the concluding of Peace and War with foreign Princes and States, to be with Advice and Consent of both Par- liaments; or their Commissioners, in the Interval betwixt Parliaments.-Agreed to the Substance.

24. agreed to.

25. agreed to; with Exception of Thieves, Thorners, and others, contained in the former Act of Oblivion.

26. agreed to: The Time, Manner, and Condi- tions, being resolved on by the Parliaments of both King- doms, or such as shall be authorized by them for that Effect.

That a Proposition be added, for restoring of those who have been constant in this Cause; and, for their Ad- herence thereunto, have been put out of their Places, Pensions, or other Benefits.-Agreed.

Concerning the Preamble, and Conclusion, and what shall be promissory in them to the King, from both King- doms, in what may concern his just Authority, Honour, and Benefit, is remitted to the Committee of both King- doms at London, being agreeable to the Professions of both Kingdoms, expressed in the Covenant, and their former Declarations.-Agreed to the Substance.