House of Commons Journal Volume 5: 12 December 1646

Pages 10-12

Journal of the House of Commons: Volume 5, 1646-1648. Originally published by His Majesty's Stationery Office, London, 1802.

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Die Sabbati, 12 Decembris, 1646.


Grant to Burghill.

MR. Tate reports the Amendments to the Ordinance concerning the Settling of Three hundred Pounds per Annum, for Three Lives, upon the Widow of Mrs. Burghill, and her Two Sons, out of the Estate of Sir Henry Spiller: The which were twice read: and, upon the Question, assented unto: And

It is Resolved, &c. That the Ordinance be committed to the Committee at Goldsmiths Hall; to be reported the next Goldsmiths Hall Day.

Reduced Officers, &c.

Upon an Order formerly made, for Satisfaction to be given to the reduced Officers named in the Three first Lists, out of Delinquents Estates, A List of the Names of sundry Delinquents, humbly presented by the Officers in the said Three Lists, was this Day reported by Sir Samuel Luke; and was read. And

It is Resolved, &c. That it be referred to the Committee that reported these Lists of Soldiers, and to the Committee where Colonel Birch hath the Chair (joined together as to this Purpose), to consider, What Lands of Papists in Arms, and Delinquents, are fit to be sold, for the Raising of Monies for the Satisfaction and Payment of just and real Debts due to the Creditors of such Papists or Delinquents, and unto Soldiers, and for such other Uses, and in such Manner, as both Houses shall appoint: And, for the more speedy raising thereof, that the Estates of such Papists and Delinquents, as are to be sold, be settled upon Trustees for that Purpose: Which Trustees shall have Power to convey any Part of the said Papists or Delinquents Lands to such Creditors of the said Papists or Delinquents, Soldiers, or others, as have Monies due to them, in Satisfaction of such Monies, and in such Manner, as both Houses shall appoint, in case Monies do not come in thereupon.

And it is further Ordered, That Mr. Whitelock and Mr. Grimston be added to this Committee: And are to bring in an Ordinance accordingly: And the Care hereof is more particularly referred to Mr. Grimston.

Ordered, That the Three First Lists, and likewise the Fourth List, this Day presented by Sir Samuel Luke, be referred to the Committee appointed to consider what Lands of Papists in Arms, and Delinquents, are fit to be sold: And that Care be taken for the speedy Satisfaction of the Officers and Soldiers in the said Four Lists mentioned.

Resolved, &c. That it be referred to the Committee where Sir Samuel Luke hath the Chair, out of the List of Delinquents, now by him reported, to nominate unto the Committee at Goldsmiths Hall, such Delinquents whose Fines are not yet disposed; that, out of their Fines and Compositions, Ten thousand Pounds may be raised, for the present Subsistence of the Officers named in the Four Lists: and that the said Ten thousand Pounds may be, in Proportion, distributed amongst the said Officers, upon Account, in Part of their Arrears, by Order of the said Committee: And, to the end that the said Officers may not receive Monies in Two Places, that the Committee where Sir Thomas Dacres hath the Chair, be joined to this Committee, as to this Business; to compare their Lists.

Objectionable Publications.

A Printed Copy of a Sermon preached by Mr. Dell, before the Commons, the last Fast Day in November, was offered to the House.

And the Epistles to the House of Commons, and to the Reader, were read.

Resolved, &c. That the Consideration of this Book be referred to a Committee.

Mr. Nathaniell Fiennes, Mr. Swinfen, Mr. Ashhurst, Commissary Ireton, Mr. Prideaux, Mr. Holles, Sir Phillip Stapleton, Lieutenant General Cromwell, Mr. Boys, Sir Sam. Rolle, Sir Peter Wentworth, Sir Henry Vane junior, Colonel Bosevile, Mr. Leigh, Mr. Tate, Colonel Norton, Mr. Bacon, Mr. Baynton, Colonel Massie, Sir Henry Mildemay, Mr. Crewe, Mr. Westrowe, Sir Wm. Lewes, Sir Mathew Boynton, Mr. Edward Stephens, Mr. Drake, Mr. Holland, Mr. Nelthorp, Colonel Venn, Colonel Blague, Sir Edward Partheriche, Sir Robert Harley, Colonel Russel, Mr. Thistlethwaite, Sir Grigory Norton, Mr. Greene, Sir Dudley North, Mr. Edwards, Sir Gilbert Gerrard, Sir Wm. Lister, Mr. Martyn;

This Committee has Power to call Mr. Dell before them, and likewise the Printer; and to know of Mr. Dell, Whether he will own this Book: and of the Printer, From whom he had the Copy: And have Power to ask of Mr. Dell his own Meaning of such Particulars as they shall think sit in the said Book: And are to report their Opinions upon the Whole: And are to meet on Monday next, at Two post Meridiem, in the Exchequer Chamber.


The Question being put, Whether Candles shall be brought in;

The House was divided.

The Yeas went forth.

Mr. Holles, Tellers for the Noe: 73.
Sir Phil. Stapleton, With the Noe,
Sir Peter Wentworth, Tellers for the Yea: 107.
Mr. Bosevile, With the Yea.

So that the Question passed with the Affirmative.

Memorandum, Though Candles were brought in for the Use of the Tellers; yet none were set upon the Table; until, by Report of the Division of the House, the Question was determined, that Candles should be brought in.

Two Clauses were read in the Preface of a Book, intituled, "Jus Divinum Regiminis Ecclesiastici;" of which the Authors are sundry Ministers of Christ, within the City of London, as appears by the Title Page.

The Question was propounded, Whether the Examination of this Book shall be referred to a Committee.

And the Question being put, Whether this Question shall be now put:

The House was divided.

The Noes went forth.

Sir Walter Erie, Tellers for the Noe: 72.
Sir Wm. Lewes, With the Noe,
Sir Peter Wentworth, Tellers for the Yea: 89.
Sir Henry Mildmay, With the Yea,

So that the Question passed with the Affirmative.

Resolved, &c. That the Examination of this Book, intituled, "Jus Divinum Regiminis Ecclesiastici," shall be referred to a Committee:

Sir Philip Stapilton, Mr. Swinfen, Mr. Pury, Mr. Strode, Sir Henry Mildemay, Mr. Fenwicke, Sir Peter Wentworth, Mr. Prideaux, Mr. Selden, Mr. Wheeler, Mr. Weaver, Sir Wm. Massam, Sir Walter Erle, Mr. Rigby, Colonel Birch, Sir Robert Harley, Mr. Nath. Fiennes, Sir Antho. Irby, Mr. Wm. Constable, Mr. Ball, Colonel Ludlowe, Mr. Boys, Mr. Miles Corbett, Mr. Thistlewhaitc, Sir Charles Egerton, Mr. Bond, Mr. Robinson, Mr. Hill, Mr. Edward Stephens, Commissary Ireton, Mr. Holles, Mr. Baynton, Sir Wm. Lewes, Mr. Nelthorpe, Lieutenant General Cromwell, Mr. Ashhurst, Mr. Tate, Mr. Martyn, Mr. Westrowe, Sir Henry Vane junior, Mr. Francis Bacon, Mr. Nath. Bacon, Sir Wm. Springe, Sir John Evelyn of Wiltes, Sir John Evelyn of Surrey, Mr. Blagh, Mr. Edwards, Mr. Samuell Browne, Sir Wm. Allenson, Mr. Leigh, Mr. Wm. Pierepont, Mr. F. Allen, Mr. Knightley, Mr. Solicitor, Mr. Recorder, Mr. Bond, Mr. Jo. Fynes, Mr. Bulkeley, Mr. Clive, Mr. Grimston, Sir John Corbett, Mr. Reynolds, Colonel Harley, Mr. George Mountague, Mr. Challoner, Mr. Scott, Sir Arthur Hasilrige, Sir Henry Heyman: And they are to report their Opinions upon it to the House: And have Power to send for Parties, Witnesses, Papers, Records: And are to meet on Tuesday next, at Two post Meridiem, in the Court of Wards.

Message from Lords.

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

The Lords have commanded us to deliver unto you an Ordinance for the sending Delinquents out of the Town: They desire your Concurrence; and to take it into speedy Consideration, because of the Danger that may come by their Stay: A Report from the Committee of the Admiralty, for Payment of Money to Mr. Johnson, and others; which the Lords approve; and refer it to your Consideration: A Particular of divers Lands of the Earl of Worcester's according to an Ordinance for the Sale thereof, and a Contract thereupon, for satisfying Mr. Pennoyer's Debt; which the Lords have agreed; and desire the Concurrence of this House:

Removing Delinquents.

The Ordinance, sent from the Lords, for Sending of Papists and Delinquents out of the Lines of Communication, and Twenty Miles distant, was this Day read; and, upon the Question, passed: And

It is Ordered, That it be forthwith printed, and published by Beat of Drums, and Sound of Trumpet, on Monday Morning next: And that the Committee of the Militia of the City of London do take care that it be so published accordingly.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Ordinance concerning the Sending of Papists and Delinquents out of the City of London, Lines of Communication, and Twenty Miles distant: And, to the rest, they will send Answer by Messengers of their own.

Delinquent Citizens.

An Ordinance for Dissranchising of all Citizens of London as have been in Arms against the Parliament, or adhered to the Enemies thereof, was this Day read the First time; and ordered to be read the Second time on Tuesday Morning next.

Scotch Affairs.

Sir Henry Vane junior reports a Paper from the Commissioners of Scotland: The which was read. And

It is Resolved, &c. That this Paper be taken into Consideration on Monday Morning next, the first Business; notwithstanding any former Order.

Simson's Imprisonment.

The House being informed, That one Francis Simson, who is comprehended within the Articles of Oxon, was at the Door; according to an Order of this House for the Issuing of a Writ of Habeas Corpus to the Sheriffs of London, to require them to bring the Body of the said Francis Simpson, their Prisoner, to the Bar of this House, together with the Causes of his Detention;

He was brought in to the Bar; and his Keeper came with him; and delivered the Return of the Habeas Corpus, and the Cause of his Detention.

The which (the Prisoner, and his Keeper, being withdrawn) was read; and was in hæc verba; viz.

Carolus Dei Gratia Anglie, Scotie, Francie, & Hibernie, Rex, Fidei Defensor, &c. Vice-comitibus London' Salutem. Precipim' vobis, quod habeatis coram nobis, in Domo Communiu' hujus Regni nostri Anglie in presenti Parliamento nostro apud Westm' assemblat', ad Barram ejusdem Domus, immediate post Receptionem hujus Brevis, Corpus Francisci Simpson Capt', et in Prisona nostra sub Custodia vestra, ut dicitur, detent', quocunq' Nomine aut Cognomine idem Franciscus censeatur, unaccu' Causa Captionis et Detentionis ejusdem Francisci; ad respondend' super hiis quæ sibi ibidem objicient', et ad faciend' ulterius et recipiend' quod per Nos & dictam Dom' Communiu' in Parliament' nostro prædicto, sic ut permittitur, assemblat', considerat' et ordinat' fuerit. Et hoc nullatenus omittatis, sicut Nobis inde respondere volueritis; & habeatis ibi hoc Breve. T. Me ipso, apud' Westm', Decimo Dei Decembr', Anno Regni nostri Vicesimo secundo.


Executio istius Brevis patet in quadam Schedula huic Brevi annexat'.

Respons' Simonis Edmonds, & Thome Cullum', Vicecom'.

London. ss.

Nos Simon Edmonds, & Thomas Cullum, Vic' Civitat' London, Serenissimo Domino Regi, nunc in Domo Communium hujus Regni Angliæ in Præsenti Parliamento dicti Domini Regis apud Westm' assemblat', certificam', Quod ante Advent' nob' Brevis huic Schedule annexat'; scilicet Quartodecimo die Octobr' Anno Regni dicti Domini Regis Vicesimo secundo, Franciscus Symson, in dicto Brevi nominat' capt' fuit apud London' prædict' & in Prisona dicti Domini Regis sub Custod' nostra, in Executione detent', virtute Brevis dicti Domini Regis De Cap' ad satisfaciend' versus ipsum & quosdam Johannem Sympson, & David Lewis, nobis direct': Cujus quidam Brevis Tenor sequit', in hæc verba; scilicet,

Carolus Dei Gratia Anglie, Scotie, Francie, & Hibernie Rex, Fidei Defensor, &c. Vic' London, Salutem. Præcipim' vobis, Quod capiatis, Johannem Symson, nup' de London, Gen'; Franciscum Sympson, nup' de London, Gen'; & David Lewes, nup' de London, Yeom'; in Balliva vestra; & eos salvo Custod': It a quod habeatis Corpora eorum coram Nobis apud Westm', a Die Sancti Michaelis, in unum Mensem, ad satisfaciend' Francisco Woolley Centum quinquagint' & unum Libras & Duodecim Solidos', resid' Cent' sexagint' & octo Librarum, pro damnis suis, quæ sustinuit, tam occasione cujusdam Transgr' eidem Francisco Woolley per præfatos Johannem & Franciscum Sympson, & David Lewes, nuper illat', quam pro Miss' & Castag' suis per ipsum circa Sectam suam in hæc parte apponit'; unde convict' est, sicut nobis constat, de Recordo: Et habeatis ibi tunc hoc Breve. T. Francisco Bacon, apud Westm', xvii° die Junii, anno regni nostri xxii°.

Blincowe Wightwick.

Et hec est Causa Captionis & Detentionis præfat' Francisco Symson; cujus quidem Francisci Corpus coram Domino Rege in prædicto Domo Communium in Parliamento prædicto, sic ut præmittit', assemblat', ad Barram ejusdem Domus parat' habemus.

The Question was propounded, Whether Francis Symson shall be discharged of his Imprisonment.

And then the Question was put, Whether the Question shall be now put.

It passed with the Affirmative.

The Question being put, Whether Francis Symson shall be discharged of his Imprisonment;

The House divided.

The Yeas went forth.

Lieutenant General Cromwell, Tellers for the Yea: 25.
Mr. Purefoy, With the Yea,
Mr. Bois, Tellers for the Noe: 26.
Mr. Nelthorp, With the Noe,

So (as the Question passed with the Negative)

Mr. Francis Simson the Prisoner, and his Keeper, were again called in: And Mr. Speaker, by the Command of the House, acquainted the Keeper, That the House had considered of the Return of the Writ, and of the Causes of the Detainer of the Prisoner; and to remand the Prisoner.