House of Commons Journal Volume 4: 23 October 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: 23 October 1646', in Journal of the House of Commons: Volume 4, 1644-1646, (London, 1802) pp. 701-703. British History Online https://www.british-history.ac.uk/commons-jrnl/vol4/pp701-703 [accessed 25 April 2024]

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Die Veneris, 23 Octobris, 1646.

Prayers.

THE Grand Committee of the House sat, to take into further Consideration the Ordinance for appointing the Sale of Bishops Lands.

Mr. Sandys in the Chair.

Mr. Speaker resumed the Chair.

Sir Henry Mildmay is appointed to go to the Lords, to desire them to sit awhile, concerning some Business of Importance, which this House will send to them about.

Ordered, by the Lords and Commons, assembled in Parliament, That the Speakers of both Houses shall have Power to seal all original Writs and Process, and likewise Commissions and Pardons, which have usually passed, and ought to pass, under the Great Seal of England, as fully as any Lord Keeper, or Commissioners for the Great Seal, for the Time being, ought or might to have done.

This Power to be continued until further Order.

The Lords Concurrence to be desired herein.

Mr. Samuel Browne is appointed to carry this preceding Order, concerning the Great Seal, for their Concurrence.

Mr. Crewe, Mr. Whitelock, Mr. Hill, Mr. Selden, or any Two of them, are appointed to prepare an Ordinance, concerning the Hearing of Causes in Chancery before the Master of the Rolls, calling to him any of the Judges; and to authorize the said Judges to sit with him for the Purposes aforesaid.

An Ordinance for appointing the Three thousand Pounds, charged upon the Receipts of the Great Excise, with Interest, by Ordinance of the Eleventh of June, to be paid unto Mr. John Billingsley, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Ordered, That the Sum of Five thousand Pounds, charged upon the Receipts of the Compositions of Delinquents at Goldsmiths-Hall, upon the Tenth of November last, for the Maintenance of the Forces then of Abingdon Garison, and yet unpaid, be forthwith paid unto the Committee of the County of Berks, or to such Person as they shall appoint for the Receipt thereof: Whose Receipt shall be a sufficient Discharge to the Committee and Treasurers at Goldsmiths-Hall for the Payment thereof: And that the said Five thousand Pounds be issued and paid out by the said Committee of the County of Berks, in order to the total Disbanding of the said Forces, and to no other Use: And the present Provision of this Money is especially recommended to the Committee at Goldsmiths-Hall.

Ordered, That the Committee for the County of Berks do disband the Forces of Reding and Abington, or any Part thereof, upon Payment of such present Pay as they can raise: And that the said Committee have Power to cast up their Arrears, and give them Certificates thereof: And the said Forces are to take Notice, that, upon such Payment and Certificates, they are disbanded.

Ordered, That the Committee of the Three Counties of Oxon, Bucks, and Berks, have Power to disband the several Forces, Horse and Foot, raised in the said Counties, being no Part of the Army under the Command of Sir Thomas Fairfax: And that they do forthwith disband the same accordingly.

Mr. Whitelock brings Answer, That the Lords will take into speedy Consideration the Ordinance concerning the Committee and Treasurers of the Army; and send Answer by Messengers of their own.

Ordered, That the Ordinance inhibiting the scandalous Ministers to come again into their Livings; and the Ordinance to inhibit all Lawyers that have been in Arms against the Parliament, or have adhered to the Enemy, to practise; be brought in, and considered of, on Monday Morning next.

The House being informed, That Mr. John White, a Delinquent, had forcibly entered into an House or Lodge at Eltham, the Custody whereof was granted unto Sir Thomas Walsingham, a Member of this House; and had dispossessed him thereof;

Ordered, That the whole Matter of Fact of this Information be referred to the Examination of a Committee.

Mr. Bond, Mr. Holland, Sir Henry Mildmay, Mr. Hill, Sir Wm. Strickland, Sir John Northcote, Sir John Hippesley, Mr. Miles Corbett, Mr. Wilson, Sir Thomas Wroth, Mr. Westrowe, Sir Michael Livesay, Mr. Robinson, Mr. Thorpe, Mr. Morley, Mr. Hodges, Mr. Nichlas, Sir Arthur Heselrige, Mr. Whitelock, Mr. Lisle, Sir John Burgoine, Mr. Venn, Mr. Marten, Mr. Pury;

This Committee, or any Five of them, are to examine the whole Matter of Fact of this Information, concerning Sir Thomas Walsingham: And have Power to hear Complaints, and examine all other Cases of like Nature; and, upon Examination, to restore Possessions, as they shall see Cause: And are to have respect to the Articles of Oxford; and to meet upon it at Two of the Clock this Afternoon, in the Exchequer-Chamber: And have Power to send for Parties, Papers, Witnesses, Records.

And the Care hereof is more especially referred to Mr. Thorpe.

Ordered, That Sir William Brereton's Case, concerning the Possession of Cashia Bury, and Mr. Serjeant Wilde's Case, be especially referred to the preceding Committee: Who are to examine the same accordingly.

Ordered, That the Judges and Serjeants of the several Serjeants-Inns, the Benchers of the several Inns of Court, and the Members of this House, of the said several Inns of Court, respectively, do take care, that no Persons, who have adhered to the Enemy against the Parliament, be permitted to come again into any of their Chambers, or be admitted into any of the Serjeants-Inns, Inns of Court, or Inns of Chancery, or to live in any of the said Societies.

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

The Lords have commanded us to let you know, that they desire, that a Committee may be appointed, to join with a proportionable Number of theirs, to consult, and debate with the Commissioners of Scotland, concerning such Things that may settle the Peace, Prosperity, and brotherly Amity of the Two Kingdoms of England and Scotland, in relation to the King: The Number of the Committee is Eleven: The Time of Meeting to be at Three this Afternoon, in the Painted Chamber.

Resolved, &c. That the Answer to this Message shall be, by Messengers of their own.

Resolved, &c. That the Papers sent in from the Commissioners of Scotland be read To-morrow Morning, the first Business.

Mr. Browne brings Answer, That the Lords will take this Message, concerning the Sealing of original Writs, into speedy Consideration; and will send Answer by Messengers of their own.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.

Ordered, That the Committee at Goldsmiths-Hall be required forthwith to advance Five thousand Pounds, Part of a greater Sum charged upon those Receipts for the Service of Ireland; the present Payment thereof so much importing the Good of that Service, that, without it, the Service will suffer, and the immediate Relief intended for Ireland be disappointed: Wherein is very much concerned the Safety and Hopes of Recovery of that Kingdom.

Sir John Temple, Mr. Salwey, and Mr. Knightley, are appointed to take care herein; and earnestly to press the Committee with the absolute Necessity of the present Payment of this Sum.

A Message from the Lords, by Sir Edward Leech and Mr. Page;

The Lords have commanded us to return you this Ordinance, concerning the Great Seal: It moved from you: And the Lords do agree to it, with these Amendments: To which they desire your Concurrence. They have commanded us to put you in mind of an Ordinance, formerly sent unto you, concerning the Appointing of Commissioners for the Custody of the Great Seal. They have sent you this Petition: It is from the Inhabitants of the Isle of Guernsey: And they do especially recommend it unto you: And they desire to put you in mind of the Earl of Warwick to be Governor of the Isle of Guernsey.

The humble Petition of the Inhabitants of Guernsey, in the Behalf of the said Island, was this Day read: And

It is Ordered, That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, or any Five of them, to consider of some speedy and effectual Course for the Relief and Preservation of the said Island; and to report it to the House with all Speed.

The Amendments to the Ordinance concerning the Sealing of original Writs and Processes, &c. by the Speakers of both Houses, were read; and, upon the Question, assented unto.

Ordered, That the Members of this House, late Commissioners for the Custody of the Great Seal of England, do forthwith deliver the Key of the Chest remaining with them, wherein the Great Seal of England is kept, unto Mr. Speaker.

And Mr. Serjeant Wilde forthwith delivered the said Key to Mr. Speaker, in the Chair, accordingly.

Answer returned by the same Messengers; That this House has considered their Lordships Message: And, as to the Amendments to the Ordinance concerning the Sealing of original Writs, Processes, &c. by the Speakers of both Houses, they have assented unto them: And have taken into Consideration the Petition of the Inhabitants of the Isle of Guernsey: As to the rest, they will send Answer by Messengers of their own.

The humble Petition of the Grand Inquest of the County of Hereford was this Day read: And

It is Ordered, upon the Question, That this Petition, and the Charge this Day presented to the House by Sir Robert Harley (who undertakes to prove it) against Colonel John Birch, Governor of the City of Hereford, be referred to the Examination of this Committee following; videlicet, Serjeant Wilde, Sir Robert Pye, Mr. Recorder, Sir Arthur Hesilrig, Mr. Pury, Mr. Stephens, Mr. Whitelock, Sir Tho. Widdrington, Mr. Abbott, Sir Henry Vane senior, Mr. Purefoy, Sir Wm. Constable, Mr. Ashurst, Mr. Stephens, Sir Philip Stapilton, Mr. Peregrin Pelham, Mr. Morley, Mr. Scawen, Mr. Sydenham, Mr. * Smyth, Mr. Holles, Mr. Leman, Mr. Lisle, Colonel Harvey, Mr. Grimston, Mr. Swynfen, Mr. Kirle, Sir Michael Livesey, Mr. Thorpe, Colonel Stapeley, Mr. Blague, Major Scott, Mr. Baker, Sir Walter Erle, Mr. Bois, Mr. * Smyth, Colonel Ven, Sir John Corbett, Mr. Bainton, Sir John Francklyn, Mr. Nelthorp, Colonel Liegh; the Knights and Burgesses of Glocestershire, Shropshire, and Worcestershire: And this Committee is to meet on Monday next, at Two post meridiem, in the Exchequer-Chamber: And have Power to send for Parties, Witnesses, Papers, Records.

Ordered, That John Field, Printer, committed, by Order of this House, Prisoner to the Prison of Newgate, there to continue a Prisoner till further Order, be forthwith discharged from any further Restraint.

Ordered, That Laurence Chapman, and Anne Griffyn, Printers, now in the Serjeant's Custody, by Order of this House, be forthwith released, and discharged from any further Restraint or Custody.

Ordered, That Five hundred Copies, and no more, of the Advice of the Assembly of Divines, presented to this House,oncerning Part of a Confession of Faith, be forthwith printed: And that the Care of the Printing thereof be referred to the Assembly of Divines: And the Printer is injoined, at his Peril, not to print more than Five hundred of them.

It is further Ordered, That no Man presume to reprint, divulge, or publish the said Advice, or any Part of it, till further Order be taken herein by both or either of the Houses of Parliament.